[Rev. 2/6/2019 4:12:33 PM]
κ2003 Statutes of Nevada, Page 1701κ
Assembly Bill No. 528Committee on Elections, Procedures, and Ethics
CHAPTER 311
AN ACT relating to elections; specifying how periods of time are measured for election duties; revising provisions governing the circulation of certain petitions; changing the date by which a county clerk must determine the number of registered voters of each major political party in each precinct; revising the provisions governing the consequences of a candidates death; specifying that filing fees are not refundable; changing the date by which the canvass of votes for certain offices and questions must occur; clarifying that minor political parties may receive a list of registered voters from the county clerk without charge; prohibiting certain persons and entities from selling such a list or using such list for a purpose that is not related to an election; revising the provisions governing the date by which sample ballots must be mailed to the registered voters; expanding the definition of a committee for the recall of a public officer; changing the officer with whom a candidate who is not elected must file a report concerning unspent contributions; changing the dates by which certain groups must make available information concerning advertising for campaigns; restricting the civil penalties that may be imposed for filing late campaign reports against certain public officers or candidates for public office; and providing other matters properly relating thereto.
[Approved: May 29, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 293.1275 is hereby amended to read as follows:
293.1275 1. Except as otherwise provided in this section, in computing any period of time specified for the execution of an act or event in this title, Saturdays, Sundays, legal holidays and holidays proclaimed by the Governor must be counted.
2. If the last day limited for filing any paper mentioned in this title falls on a Saturday, Sunday, legal holiday or any holiday proclaimed by the Governor, the period so limited must expire on the following business day at 5 p.m.
3. Saturdays, Sundays, and holidays must not be counted if the provision specifying the period states that:
(a) Any such days are excluded; or
(b) The period is measured by working days.
Sec. 2. NRS 293.128 is hereby amended to read as follows:
293.128 1. To qualify as a major political party, any organization must, under a common name:
(a) On January 1 preceding any primary election, have been designated as a political party on the applications to register to vote of at least 10 percent of the total number of registered voters in this state; or
κ2003 Statutes of Nevada, Page 1702 (CHAPTER 311, AB 528)κ
(b) File a petition with the Secretary of State not later than the last Friday in April before any primary election signed by a number of registered voters equal to or more than 10 percent of the total number of votes cast at the last preceding general election for the offices of Representative in Congress.
2. If a petition is filed pursuant to paragraph (b) of subsection 1, the names of the voters need not all be on one document, but each document of the petition must be verified by [at least one of its signers] the circulator thereof to the effect that the signers are registered voters of this state according to his best information and belief and that the signatures are genuine and were signed in his presence. Each document of the petition must bear the name of a county and only registered voters of that county may sign the document. The documents which are circulated for signature must then be submitted for verification pursuant to NRS 293.1276 to 293.1279, inclusive, not later than 25 working days before the last Friday in April preceding a primary election.
3. In addition to the requirements set forth in subsection 1, each organization which wishes to qualify as a political party must file with the Secretary of State a certificate of existence which includes the:
(a) Name of the political party;
(b) Names and addresses of its officers;
(c) Names of the members of its executive committee; and
(d) Name of the person who is authorized by the party to act as resident agent in this state.
4. A political party shall file with the Secretary of State an amended certificate of existence within 5 days after any change in the information contained in the certificate.
Sec. 3. NRS 293.133 is hereby amended to read as follows:
293.133 1. The number of delegates from each voting precinct in each county to the county convention of any major political party for that county must be in proportion to the number of registered voters of that party residing in the precinct as follows:
(a) In the counties in which the total number of registered voters of that party has not exceeded 400, each precinct is entitled to one delegate for each [five] 5 registered voters.
(b) In counties in which the total number of registered voters of that party has exceeded 400 but has not exceeded 600, each precinct is entitled to one delegate for each [eight] 8 registered voters.
(c) In counties in which the total number of registered voters of that party has exceeded 600 but has not exceeded 800, each precinct is entitled to one delegate for each 10 registered voters.
(d) In counties in which the total number of registered voters of that party has exceeded 800 but has not exceeded 1,400, each precinct is entitled to one delegate for each 15 registered voters.
(e) In counties in which the total number of registered voters of that party has exceeded 1,400 but has not exceeded 2,000, each precinct is entitled to one delegate for each 20 registered voters or major fraction thereof.
(f) In counties in which the total number of registered voters of that party has exceeded 2,000 but has not exceeded 3,000, each precinct is entitled to one delegate for each 30 registered voters or major fraction thereof.
(g) In counties in which the total number of registered voters of that party has exceeded 3,000 but has not exceeded 4,000, each precinct is entitled to one delegate for each 35 registered voters or major fraction thereof.
κ2003 Statutes of Nevada, Page 1703 (CHAPTER 311, AB 528)κ
entitled to one delegate for each 35 registered voters or major fraction thereof.
(h) In counties in which the total number of registered voters of that party has exceeded 4,000, each precinct is entitled to one delegate for each 50 registered voters or major fraction thereof.
2. The county clerk shall determine the number of registered voters of each party in each precinct as of [the first Monday in] January 1 of each year in which a convention is held, and shall notify the Secretary of State and the county central committee of each major political party of those numbers within 30 days after the determinative date.
3. In all counties every precinct is entitled to at least one delegate to each county convention.
Sec. 4. NRS 293.165 is hereby amended to read as follows:
293.165 1. Except as otherwise provided in NRS 293.166, a vacancy occurring in a major or minor political party nomination for a partisan office may be filled by a candidate designated by the party central committee of the county or State, as the case may be, of the major political party or by the executive committee of the minor political party subject to the provisions of subsections 4 and 5.
2. A vacancy occurring in a nonpartisan nomination after the close of filing and on or before 5 p.m. of the second Tuesday in [August] July must be filled by filing a nominating petition that is signed by registered voters of the State, county, district or municipality who may vote for the office in question. The number of registered voters who sign the petition must not be less than 1 percent of the number of persons who voted for the office in question in the State, county, district or municipality at the last preceding general election. The petition must be filed not earlier than the first Tuesday in June and not later than the fourth Tuesday in [August.] July. The petition may consist of more than one document. Each document must bear the name of one county and must be signed only by a person who is a registered voter of that county and who may vote for the office in question. Each document of the petition must be submitted for verification pursuant to NRS 293.1276 to 293.1279, inclusive, to the county clerk of the county named on the document. A candidate nominated pursuant to the provisions of this subsection:
(a) Must file a declaration of candidacy or acceptance of candidacy and pay the statutory filing fee on or before the date the petition is filed; and
(b) May be elected only at a general election and his name must not appear on the ballot for a primary election.
3. A vacancy occurring in a nonpartisan nomination after 5 p.m. of the second Tuesday in [August] July and on or before 5 p.m. of the second Tuesday in September must be filled by the person who receives the next highest vote for the nomination in the primary.
4. No change may be made on the ballot for the general election after 5 p.m. of the second Tuesday in September of the year in which the general election is held. If a nominee dies after that time and date, his name must remain on the ballot for the general election and, if elected, a vacancy exists.
5. All designations provided for in this section must be filed on or before 5 p.m. on the second Tuesday in September. In each case, the statutory filing fee must be paid and an acceptance of the designation must be filed on or before 5 p.m. on the date the designation is filed.
κ2003 Statutes of Nevada, Page 1704 (CHAPTER 311, AB 528)κ
Sec. 5. NRS 293.193 is hereby amended to read as follows:
293.193 1. Fees as listed in this section for filing declarations of candidacy or acceptances of candidacy must be paid to the filing officer by cash, cashiers check or certified check.
United States Senator.......................................................................................... $500
Representative in Congress................................................................................... 300
Governor.................................................................................................................. 300
Justice of the Supreme Court............................................................................... 300
Any state office, other than Governor or justice of the Supreme Court...... 200
District judge............................................................................................................ 150
Justice of the peace................................................................................................ 100
Any county office.................................................................................................. 100
State Senator........................................................................................................... 100
Assemblyman......................................................................................................... 100
Any district office other than district judge.......................................................... 30
Constable or other town or township office......................................................... 30
For the purposes of this subsection, trustee of a county school district, hospital or hospital district is not a county office.
2. No filing fee may be required from a candidate for an office the holder of which receives no compensation.
3. The county clerk shall pay to the county treasurer all filing fees received by him from candidates. The county treasurer shall deposit the money to the credit of the general fund of the county.
4. Except as otherwise provided in NRS 293.194, a filing fee paid pursuant to this section is not refundable.
Sec. 6. NRS 293.200 is hereby amended to read as follows:
293.200 1. An independent candidate for partisan office must file with the appropriate filing officer:
(a) A copy of the petition of candidacy that he intends to subsequently circulate for signatures. The copy must be filed not earlier than the January 2 preceding the date of the election and not later than 25 working days before the last day to file the petition pursuant to subsection 4. [The copy must also be filed before the petition may be circulated.]
(b) Either of the following:
(1) A petition of candidacy signed by a number of registered voters equal to at least 1 percent of the total number of ballots cast in:
(I) This state for that office at the last preceding general election in which a person was elected to that office, if the office is a statewide office;
(II) The county for that office at the last preceding general election in which a person was elected to that office, if the office is a county office; or
(III) The district for that office at the last preceding general election in which a person was elected to that office, if the office is a district office.
(2) A petition of candidacy signed by 250 registered voters if the candidate is a candidate for statewide office, or signed by 100 registered voters if the candidate is a candidate for any office other than a statewide office.
κ2003 Statutes of Nevada, Page 1705 (CHAPTER 311, AB 528)κ
2. The petition may consist of more than one document. Each document must bear the name of the county in which it was circulated , and only registered voters of that county may sign the document. If the office is not a statewide office, only the registered voters of the county, district or municipality in question may sign the document. The documents that are circulated for signature in a county must be submitted to that county clerk for verification in the manner prescribed in NRS 293.1276 to 293.1279, inclusive, not later than 25 working days before the last day to file the petition pursuant to subsection 4. Each person who signs the petition shall add to his signature the address of the place at which he actually resides, the date that he signs the petition and the name of the county where he is registered to vote. The person who circulates each document of the petition shall sign an affidavit attesting that the signatures on the document are genuine to the best of his knowledge and belief and were signed in his presence by persons registered to vote in that county.
3. The petition of candidacy may state the principle, if any, which the person qualified represents.
4. Petitions of candidacy must be filed not earlier than the first Monday in May preceding the general election and not later than 5 p.m. on the third Monday in May.
5. No petition of candidacy may contain the name of more than one candidate for each office to be filled.
6. A person may not file as an independent candidate if he is proposing to run as the candidate of a political party.
7. The names of independent candidates must be placed on the general election ballot and must not appear on the primary election ballot.
8. If the candidacy of any person seeking to qualify pursuant to this section is challenged, all affidavits and documents in support of the challenge must be filed not later than 5 p.m. on the fourth Monday in May. Any judicial proceeding resulting from the challenge must be set for hearing not more than 5 days after the fourth Monday in May.
9. Any challenge pursuant to subsection 8 must be filed with:
(a) The first judicial district court if the petition of candidacy was filed with the Secretary of State.
(b) The district court for the county where the petition of candidacy was filed if the petition was filed with a county clerk.
10. An independent candidate for partisan office must file a declaration of candidacy with the appropriate filing officer and pay the fee required by NRS 293.193 not earlier than the first Monday in May of the year in which the election is held nor later than 5 p.m. on the third Monday in May.
Sec. 7. NRS 293.302 is hereby amended to read as follows:
293.302 If a candidate whose name appears on the ballot at a primary election or general election dies [within the periods] after the applicable dates set forth in NRS 293.368 [,] but before the time of the closing of the polls on the day of the election, the county clerk shall post a notice of the candidates death at each polling place where the candidates name will appear on the ballot [.] for the primary election or general election.
Sec. 8. NRS 293.368 is hereby amended to read as follows:
293.368 1. Whenever a candidate whose name appears upon the ballot at a primary election dies after 5 p.m. of the second Tuesday in July, his name must remain on the ballot and the votes cast for the deceased candidate must be counted in determining the nomination for the office for which the decedent was a candidate.
κ2003 Statutes of Nevada, Page 1706 (CHAPTER 311, AB 528)κ
candidate must be counted in determining the nomination for the office for which the decedent was a candidate.
2. If the deceased candidate on the ballot at the primary election receives the number of votes required to receive the nomination to the office for which he was a candidate, except as otherwise provided in subsection 3 of NRS 293.165, he shall be deemed nominated and there shall be a vacancy in the nomination that must be filled as provided in NRS 293.165 or 293.166. If the deceased person was a candidate for a nonpartisan office, the nomination must be filled pursuant to subsection 2 of NRS 293.165.
3. Whenever a candidate whose name appears upon the ballot at a general election dies after 5 p.m. of the [third] second Tuesday in September , [and before the time of the closing of the polls on the day of the election,] the votes cast for the deceased candidate must be counted in determining the results of the election for the office for which the decedent was a candidate.
[2.] 4. If the deceased candidate on the ballot at the general election receives the majority of the votes cast for the office, he shall be deemed elected and the office to which he was elected shall be deemed vacant at the beginning of the term for which he was elected. The vacancy thus created must be filled in the same manner as if the candidate had died after taking office for that term.
Sec. 9. NRS 293.395 is hereby amended to read as follows:
293.395 1. The board of county commissioners, after making the abstract of votes as provided in NRS 293.393, shall cause the county clerk to certify the abstract and, by an order made and entered in the minutes of its proceedings, to make:
(a) A copy of the certified abstract; and
(b) A mechanized report of that abstract in compliance with regulations adopted by the Secretary of State,
and forthwith transmit them to the Secretary of State.
2. On the fourth [Wednesday] Tuesday of November after each general election, the justices of the Supreme Court, or a majority thereof, shall meet with the Secretary of State, and shall open and canvass the vote for the number of presidential electors to which this state may be entitled, United States Senator, Representative in Congress, members of the Legislature, state officers who are elected statewide or by district, district judges, or district officers whose districts include area in more than one county and for and against any question submitted.
3. The Governor shall issue certificates of election to and commission the persons having the highest number of votes and shall issue proclamations declaring the election of those persons.
Sec. 10. NRS 293.405 is hereby amended to read as follows:
293.405 1. If the person who demanded the recount does not prevail, and it is found that the sum deposited was less than the cost of the recount, the person shall, upon demand, pay the deficiency to the county clerk, city clerk or Secretary of State, as the case may be. If the sum deposited is in excess of the cost, the excess must be refunded to him.
2. If the person who demanded the recount prevails, the sum deposited with the Secretary of State, county clerk or city clerk must be refunded to the person and the cost of the recount must be paid as follows:
κ2003 Statutes of Nevada, Page 1707 (CHAPTER 311, AB 528)κ
(a) If the recount concerns an office or ballot question for which voting is not statewide, the cost must be borne by the county or city which conducted the recount.
(b) If the recount concerns an office or ballot question for which voting is statewide, the clerk of each county shall submit a statement of its costs in the recount to the Secretary of State for review and approval. The Secretary of State shall submit the statements to the State Board of Examiners, which shall repay the allowable costs from the Reserve for Statutory Contingency Account to the respective counties.
3. Each recount must be commenced within 5 days after demand, and must be completed within 5 days after it is begun. [Sundays and holidays must not be excluded in determining each 5‑day period.]
4. After the recount of a precinct is completed, that precinct must not be subject to another recount for the same office or ballot question at the same election.
Sec. 11. NRS 293.440 is hereby amended to read as follows:
293.440 1. Any person who desires a copy of any list of the persons who are registered to vote in any precinct, district or county may obtain a copy by applying at the office of the county clerk and paying therefor a sum of money equal to one cent per name on the list, except that one copy of each original and supplemental list for each precinct, district or county must be provided to the state [and] or county central committee of any major political party [,] or to the executive committee of any minor political party upon request, without charge.
2. Except as otherwise provided in NRS 293.558, the copy of the list provided pursuant to this section must indicate the address, date of birth, telephone number and the serial number on each application to register to vote. If the county maintains this information in a computer database, the date of the most recent addition or revision to an entry, if made on or after July 1, 1989, must be included in the database and on any resulting list of the information. The date must be expressed numerically in the order of month, day and year.
3. A county may not pay more than 10 cents per folio or more than $6 per thousand copies for printed lists for a precinct or district.
4. A county which has a system of computers capable of recording information on magnetic tape or diskette shall, upon request of the state or county central committee of any major political party or the executive committee of any minor political party which has filed a certificate of existence with the Secretary of State, record for that central committee or executive committee on magnetic tape or diskette supplied by it:
(a) The list of persons who are registered to vote and the information required in subsection 2; and
(b) Not more than four times per year, as requested by the central committee [:] or the executive committee:
(1) A complete list of the persons who are registered to vote with a notation for the most recent entry of the date on which the entry or the latest change in the information was made; or
(2) A list that includes additions and revisions made to the list of persons who are registered to vote after a date specified by the central committee [.] or the executive committee.
5. If a political party does not provide its own magnetic tape or diskette, or if a political party requests the list in any other form that does not require printing, the county clerk may charge a fee to cover the actual cost of providing the tape, diskette or list.
κ2003 Statutes of Nevada, Page 1708 (CHAPTER 311, AB 528)κ
printing, the county clerk may charge a fee to cover the actual cost of providing the tape, diskette or list.
6. Any state or county central committee of a major political party, any executive committee of a minor political party or any member or representative of such a central committee or executive committee who receives without charge a list of the persons who are registered to vote in any precinct, district or county pursuant to this section shall not:
(a) Use the list for any purpose that is not related to an election; or
(b) Sell the list for compensation or other valuable consideration.
Sec. 12. NRS 293.565 is hereby amended to read as follows:
293.565 1. Except as otherwise provided in subsection 2, sample ballots must include:
(a) The fiscal note, as provided pursuant to NRS 218.443 or 293.250, for each proposed constitutional amendment or statewide measure;
(b) An explanation, as provided pursuant to NRS 218.443, of each proposed constitutional amendment or statewide measure, including arguments for and against it; and
(c) The full text of each proposed constitutional amendment.
2. Sample ballots that are mailed to registered voters may be printed without the full text of each proposed constitutional amendment if:
(a) The cost of printing the sample ballots would be significantly reduced if the full text of each proposed constitutional amendment were not included;
(b) The county clerk ensures that a sample ballot that includes the full text of each proposed constitutional amendment is provided at no charge to each registered voter who requests such a sample ballot; and
(c) The sample ballots provided to each polling place include the full text of each proposed constitutional amendment.
3. [At least] Before the period for early voting, but not later than 10 days before any election, the county clerk shall cause to be mailed to each registered voter in the county a sample ballot for his precinct with a notice informing the voter of the location of his polling place. If the location of the polling place has changed since the last election:
(a) The county clerk shall mail a notice of the change to each registered voter in the county not sooner than 10 days before mailing the sample ballots; or
(b) The sample ballot must also include a notice in bold type immediately above the location which states:
NOTICE: THE LOCATION OF YOUR POLLING PLACE
HAS CHANGED SINCE THE LAST ELECTION
4. Except as otherwise provided in subsection 5, a sample ballot required to be mailed pursuant to this section must:
(a) Be printed in at least 12-point type; and
(b) Include on the front page, in a separate box created by bold lines, a notice printed in at least 20-point bold type that states:
NOTICE: TO RECEIVE A SAMPLE BALLOT IN
LARGE TYPE, CALL (Insert appropriate telephone number)
κ2003 Statutes of Nevada, Page 1709 (CHAPTER 311, AB 528)κ
5. A portion of a sample ballot that contains a facsimile of the display area of a voting device may include material in less than 12-point type to the extent necessary to make the facsimile fit on the pages of the sample ballot.
6. The sample ballot mailed to a person who requests a sample ballot in large type by exercising the option provided pursuant to NRS 293.508, or in any other manner, must be printed in at least 14-point type, or larger when practicable.
7. If a person requests a sample ballot in large type, the county clerk shall ensure that all future sample ballots mailed to that person from the county are in large type.
8. The county clerk shall include in each sample ballot a statement indicating that the county clerk will, upon request of a voter who is elderly or disabled, make reasonable accommodations to allow the voter to vote at his polling place and provide reasonable assistance to the voter in casting his vote, including, without limitation, providing appropriate materials to assist the voter.
9. The cost of mailing sample ballots for any election other than a primary or general election must be borne by the political subdivision holding the election.
Sec. 13. NRS 293C.190 is hereby amended to read as follows:
293C.190 1. A vacancy occurring in a nomination for a city office after the close of filing and on or before 5 p.m. of the first Tuesday after the first Monday in [April] March in a year in which a general city election is held must be filled by filing a nominating petition that is signed by at least 1 percent of the persons who are registered to vote and who voted for that office at the last preceding general city election. The petition must be filed not earlier than [30 days before the date of the primary city election] the third Tuesday in February and not later than the third Tuesday after the third Monday in [April.] March. A candidate nominated pursuant to the provisions of this subsection may be elected only at a general city election , and his name must not appear on the ballot for a primary city election.
2. A vacancy occurring in a nomination for a city office after [a primary city election] 5 p.m. of the first Tuesday after the first Monday in March and on or before 5 p.m. of the second Tuesday after the second Monday in April must be filled by the person who received the next highest vote for the nomination in the primary city election.
3. Except to place a candidate nominated pursuant to subsection 1 on the ballot, no change may be made on the ballot for the general city election after 5 p.m. of the second Tuesday after the second Monday in April of the year in which the general city election is held. If a nominee dies after that time and date, his name must remain on the ballot for the general city election and, if elected, a vacancy exists.
4. All designations provided for in this section must be filed on or before 5 p.m. on the second Tuesday after the second Monday in April of the year in which the general city election is held. The filing fee must be paid and an acceptance of the designation must be filed on or before 5 p.m. on that date.
Sec. 14. NRS 293C.291 is hereby amended to read as follows:
293C.291 If a candidate whose name appears on the ballot at a primary city election or general city election dies [within the periods] after the applicable date set forth in NRS 293C.370 [,] but before the time of the closing of the polls on the day of the election, the city clerk shall post a notice of the candidates death at each polling place where the candidates name will appear on the ballot [.]
κ2003 Statutes of Nevada, Page 1710 (CHAPTER 311, AB 528)κ
notice of the candidates death at each polling place where the candidates name will appear on the ballot [.] for the primary city election or general city election.
Sec. 15. NRS 293C.370 is hereby amended to read as follows:
293C.370 1. Whenever a candidate whose name appears upon the ballot at a primary city election dies after 5 p.m. of the first Tuesday after the first Monday in March, his name must remain on the ballot and the votes cast for the deceased candidate must be counted in determining the nomination for the office for which the decedent was a candidate.
2. If the deceased candidate on the ballot at the primary city election receives the number of votes required to receive the nomination to the office for which he was a candidate, the nomination is filled as provided in subsection 2 of NRS 293C.190.
3. Whenever a candidate whose name appears upon the ballot at a general city election dies after 5 p.m. of the [third] second Tuesday after the [third] second Monday in April , [and before the time of the closing of the polls on the day of the election,] the votes cast for the deceased candidate must be counted in determining the results of the election for the office for which the decedent was a candidate.
[2.] 4. If the deceased candidate on the ballot at the general election receives the majority of the votes cast for the office, he shall be deemed elected and the office to which he was elected shall be deemed vacant at the beginning of the term for which he was elected. The vacancy created must be filled in the same manner as if the candidate had died after taking office for that term.
Sec. 16. NRS 293C.530 is hereby amended to read as follows:
293C.530 1. [At least] Before the period for early voting, but not later than 10 days before an election, the city clerk shall cause to be mailed to each registered voter in the city a sample ballot for his precinct with a notice informing the voter of the location of his polling place. If the location of the polling place has changed since the last election:
(a) The city clerk shall mail a notice of the change to each registered voter in the city not sooner than 10 days before mailing the sample ballots; or
(b) The sample ballot must also include a notice in bold type immediately above the location which states:
NOTICE: THE LOCATION OF YOUR POLLING PLACE
HAS CHANGED SINCE THE LAST ELECTION
2. Except as otherwise provided in subsection 3, a sample ballot required to be mailed pursuant to this section must:
(a) Be printed in at least 12-point type; and
(b) Include on the front page, in a separate box created by bold lines, a notice printed in at least 20-point bold type that states:
NOTICE: TO RECEIVE A SAMPLE BALLOT IN
LARGE TYPE, CALL (Insert appropriate telephone number)
3. A portion of a sample ballot that contains a facsimile of the display area of a voting device may include material in less than 12-point type to the extent necessary to make the facsimile fit on the pages of the sample ballot.
κ2003 Statutes of Nevada, Page 1711 (CHAPTER 311, AB 528)κ
4. The sample ballot mailed to a person who requests a sample ballot in large type by exercising the option provided pursuant to NRS 293.508, or in any other manner, must be printed in at least 14-point type, or larger when practicable.
5. If a person requests a sample ballot in large type, the city clerk shall ensure that all future sample ballots mailed to that person from the city are in large type.
6. The city clerk shall include in each sample ballot a statement indicating that the city clerk will, upon request of a voter who is elderly or disabled, make reasonable accommodations to allow the voter to vote at his polling place and provide reasonable assistance to the voter in casting his vote, including, without limitation, providing appropriate materials to assist the voter.
7. The cost of mailing sample ballots for a city election must be borne by the city holding the election.
Sec. 17. NRS 294A.006 is hereby amended to read as follows:
294A.006 Committee for the recall of a public officer means an organization [which receives] that:
1. Receives any contributions, makes any contributions to candidates or persons or makes any expenditures that are designed to affect the recall of a public officer [.] ; or
2. Files a notice of intent to circulate the petition for recall.
Sec. 18. NRS 294A.180 is hereby amended to read as follows:
294A.180 1. Each candidate for a state, district, county, city or township office who is not elected to that office shall, not later than the 15th day of the second month after his defeat, file a report with the [Secretary of State] filing officer with whom he filed his declaration of candidacy or acceptance of candidacy stating the amount of contributions which he received for that campaign but did not spend and the disposition of those unspent contributions.
2. Each public officer who is elected to a state, district, county, city or township office shall file a report:
(a) Not later than the 15th day of the second month after his election, stating the amount of campaign contributions which he received but did not spend and the amount, if any, of those unspent contributions disposed of pursuant to subsections 2 and 6 of NRS 294A.160 as of the last day of the first month after his election;
(b) Not later than January 15th of each year of his term beginning the year after he filed the report required by paragraph (a), stating the amount, if any, of those unspent contributions disposed of pursuant to NRS 294A.160 during the period from the last date covered by his last report through December 31 of the immediately preceding year and the manner in which they were disposed of; and
(c) Not later than the 15th day of the second month after he no longer holds that office, stating the amount and disposition of any remaining unspent contributions.
3. The reports required by subsections 1 and 2 must be submitted on a form designed and provided by the Secretary of State and signed by the candidate or public officer under penalty of perjury.
4. A public officer filing a report pursuant to subsection 2:
(a) Shall file the report with the officer with whom he filed his declaration of candidacy or acceptance of candidacy.
κ2003 Statutes of Nevada, Page 1712 (CHAPTER 311, AB 528)κ
(b) May file the report by certified mail. If certified mail is used, the date of mailing shall be deemed the date of filing.
5. A county clerk who receives from a legislative or judicial officer, other than a justice of the peace or municipal judge, a report pursuant to subsection 4 shall file a copy of the report with the Secretary of State within 10 working days after he receives the report.
Sec. 19. NRS 294A.370 is hereby amended to read as follows:
294A.370 1. A newspaper, radio broadcasting station, outdoor advertising company, television broadcasting station, direct mail advertising company, printer or other person or group of persons which accepts, broadcasts, disseminates, prints or publishes:
(a) Advertising on behalf of any candidate or group of candidates;
(b) Political advertising for any person other than a candidate; or
(c) Advertising for the passage or defeat of a question or group of questions on the ballot,
shall [make available for inspection, at any reasonable time] , during the period beginning at least 10 days before each primary election, primary city election, general election or general city election and ending at least 30 days after the election, make available for inspection information setting forth the cost of all such advertisements accepted and broadcast, disseminated or published. The person or entity shall make the information available at any reasonable time and not later than 3 days after it has received a request for such information.
2. For purposes of this section , the necessary cost information is made available if a copy of each bill, receipt or other evidence of payment made out for any such advertising is kept in a record or file, separate from the other business records of the enterprise and arranged alphabetically by name of the candidate or the person or group which requested the advertisement, at the principal place of business of the enterprise.
Sec. 20. NRS 294A.420 is hereby amended to read as follows:
294A.420 1. If the Secretary of State receives information that a person or entity that is subject to the provisions of NRS 294A.120, 294A.140, 294A.150, 294A.180, 294A.200, 294A.210, 294A.220, 294A.230, 294A.270, 294A.280 or 294A.360 has not filed a report or form for registration pursuant to the applicable provisions of those sections, the Secretary of State may, after giving notice to that person or entity, cause the appropriate proceedings to be instituted in the First Judicial District Court.
2. Except as otherwise provided in this section, a person or entity that violates an applicable provision of NRS 294A.112, 294A.120, 294A.130, 294A.140, 294A.150, 294A.160, 294A.170, 294A.180, 294A.200, 294A.210, 294A.220, 294A.230, 294A.270, 294A.280, 294A.300, 294A.310, 294A.320 or 294A.360 is subject to a civil penalty of not more than $5,000 for each violation and payment of court costs and attorneys fees. The civil penalty must be recovered in a civil action brought in the name of the State of Nevada by the Secretary of State in the First Judicial District Court and deposited by the Secretary of State for credit to the State General Fund in the bank designated by the State Treasurer.
3. If a civil penalty is imposed because a person or entity has reported its contributions, expenses or expenditures after the date the report is due, except as otherwise provided in this subsection, the amount of the civil penalty is:
κ2003 Statutes of Nevada, Page 1713 (CHAPTER 311, AB 528)κ
(a) If the report is not more than 7 days late, $25 for each day the report is late.
(b) If the report is more than 7 days late but not more than 15 days late, $50 for each day the report is late.
(c) If the report is more than 15 days late, $100 for each day the report is late.
A civil penalty imposed pursuant to this subsection against a public officer who by law is not entitled to receive compensation for his office or a candidate for such an office must not exceed a total of $100 if the public officer or candidate received no contributions and made no expenditures during the relevant reporting periods.
4. For good cause shown, the Secretary of State may waive a civil penalty that would otherwise be imposed pursuant to this section. If the Secretary of State waives a civil penalty pursuant to this subsection, the Secretary of State shall:
(a) Create a record which sets forth that the civil penalty has been waived and describes the circumstances that constitute the good cause shown; and
(b) Ensure that the record created pursuant to paragraph (a) is available for review by the general public.
Sec. 21. NRS 306.030 is hereby amended to read as follows:
306.030 1. The petition may consist of any number of copies which are identical in form with the original, except for the name of the county and the signatures and addresses of the residences of the signers. The pages of the petition with the signatures and of any copy must be consecutively numbered. Each page must bear the name of a county and only registered voters of that county may sign the page.
2. Every copy must be verified by [at least one of the signers] the circulator thereof, who shall swear or affirm, before a person authorized by law to administer oaths, that the statements and signatures contained in the petition are true to the best of his knowledge and belief. The verification must also contain a statement of the number of signatures being verified by the [signer.] circulator.
Sec. 22. Section 11 of Assembly Bill No. 233 of this session is hereby amended to read as follows:
Sec. 11. NRS 293C.370 is hereby amended to read as follows:
293C.370 Except as otherwise provided in section 3 of this act:
1. Whenever a candidate whose name appears upon the ballot at a primary city election dies after 5 p.m. of the first Tuesday after the first Monday in March, his name must remain on the ballot and the votes cast for the deceased candidate must be counted in determining the nomination for the office for which the decedent was a candidate.
2. If the deceased candidate on the ballot at the primary city election receives the number of votes required to receive the nomination to the office for which he was a candidate, the nomination is filled as provided in subsection 2 of NRS 293C.190.
3. Whenever a candidate whose name appears upon the ballot at a general city election dies after 5 p.m. of the second Tuesday after the second Monday in April, the votes cast for the deceased candidate must be counted in determining the results of the election for the office for which the decedent was a candidate.
κ2003 Statutes of Nevada, Page 1714 (CHAPTER 311, AB 528)κ
4. If the deceased candidate on the ballot at the general election receives the majority of the votes cast for the office, he shall be deemed elected and the office to which he was elected shall be deemed vacant at the beginning of the term for which he was elected. The vacancy created must be filled in the same manner as if the candidate had died after taking office for that term.
Sec. 23. This act becomes effective upon passage and approval.
________
Assembly Bill No. 541Committee on Elections, Procedures, and Ethics
CHAPTER 312
AN ACT relating to elections; providing a manner for distinguishing candidates on a ballot who have the same or similar surnames; requiring certain statewide measures proposed by initiative to appear on the ballot in a certain order; extending the period for registering to vote; prohibiting the Secretary of State and city clerks from requiring candidates, other persons, committees or political parties to list each expenditure or campaign expense of $100 or less on certain forms; revising the period during which a candidate may solicit or accept or a lobbyist may make or offer to make any monetary contribution before a special session; and providing other matters properly relating thereto.
[Approved: May 29, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 293 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 2, in any election regulated by this chapter, the name of a candidate printed on a ballot may be the given name and surname of the candidate or a contraction or familiar form of his given name followed by his surname. A nickname of not more than 10 letters may be incorporated into the name of a candidate. The nickname must be in quotation marks and appear immediately before the surname of the candidate. A nickname must not indicate any political, economic, social or religious view or affiliation and must not be the name of any person, living or dead, whose reputation is known on a statewide, nationwide or worldwide basis, or in any other manner deceive a voter regarding the person or principles for which he is voting.
2. Except as otherwise provided in subsection 3, in any election regulated by this chapter, if two or more candidates have the same surname or surnames so similar as to be likely to cause confusion and:
(a) None of the candidates is an incumbent, the middle names or middle initials, if any, of the candidates must be included in the names of the candidates as printed on the ballot; or
(b) One of the candidates is an incumbent, the name of the incumbent must be listed first and must be printed in bold type.
κ2003 Statutes of Nevada, Page 1715 (CHAPTER 312, AB 541)κ
3. Where a system of voting other than by paper ballot is used and the provisions of paragraph (b) of subsection 2 are applicable, the Secretary of State may distinguish a candidate who is an incumbent in a manner other than printing the name of the incumbent in bold type provided that the manner used clearly emphasizes the name of the incumbent in a manner similar to printing his name in bold type.
Sec. 2. NRS 293.177 is hereby amended to read as follows:
293.177 1. Except as otherwise provided in NRS 293.165, a name may not be printed on a ballot to be used at a primary election unless the person named has filed a declaration of candidacy or an acceptance of candidacy, and paid the fee required by NRS 293.193 not earlier than the first Monday in May of the year in which the election is to be held nor later than 5 p.m. on the third Monday in May.
2. A declaration of candidacy or an acceptance of candidacy required to be filed by this section must be in substantially the following form:
(a) For partisan office:
Declaration of Candidacy of ........ for the
Office of ................
State of Nevada
County of ...................................
For the purpose of having my name placed on the official ballot as a candidate for the ................ Party nomination for the office of , I, the undersigned .., do swear or affirm under penalty of perjury that I actually, as opposed to constructively, reside at ., in the City or Town of ., County of ., State of Nevada; that my actual, as opposed to constructive, residence in the state, district, county, township, city or other area prescribed by law to which the office pertains began on a date at least 30 days immediately preceding the date of the close of filing of declarations of candidacy for this office; that my telephone number is ............, and the address at which I receive mail, if different than my residence, is .........; that I am registered as a member of the ................ Party; that I have not, in violation of the provisions of NRS 293.176, changed the designation of my political party or political party affiliation on an official application to register to vote in any state since September 1 before the closing filing date for this election; that I generally believe in and intend to support the concepts found in the principles and policies of that political party in the coming election; that if nominated as a candidate of the ................ Party at the ensuing election, I will accept that nomination and not withdraw; that I will not knowingly violate any election law or any law defining and prohibiting corrupt and fraudulent practices in campaigns and elections in this state; that I will qualify for the office if elected thereto, including, but not limited to, complying with any limitation prescribed by the Constitution and laws of this state concerning the number of years or terms for which a person may hold the office; and that I understand that my name will appear on all ballots as designated in this declaration.
κ2003 Statutes of Nevada, Page 1716 (CHAPTER 312, AB 541)κ
...............................................................
(Designation of name)
...............................................................
(Signature of candidate for office)
Subscribed and sworn to before me
this ...... day of the month of ...... of the year ......
.......................................................................
Notary Public or other person
authorized to administer an oath
(b) For nonpartisan office:
Declaration of Candidacy of ........ for the
Office of ................
State of Nevada
County of....................................
For the purpose of having my name placed on the official ballot as a candidate for the office of ................, I, the undersigned ................, do swear or affirm under penalty of perjury that I actually, as opposed to constructively, reside at , in the City or Town of ., County of , State of Nevada; that my actual, as opposed to constructive, residence in the state, district, county, township, city or other area prescribed by law to which the office pertains began on a date at least 30 days immediately preceding the date of the close of filing of declarations of candidacy for this office; that my telephone number is ..........., and the address at which I receive mail, if different than my residence, is ..........; that if nominated as a nonpartisan candidate at the ensuing election, I will accept the nomination and not withdraw; that I will not knowingly violate any election law or any law defining and prohibiting corrupt and fraudulent practices in campaigns and elections in this state; that I will qualify for the office if elected thereto, including, but not limited to, complying with any limitation prescribed by the Constitution and laws of this state concerning the number of years or terms for which a person may hold the office; and my name will appear on all ballots as designated in this declaration.
...............................................................
(Designation of name)
...............................................................
(Signature of candidate for office)
κ2003 Statutes of Nevada, Page 1717 (CHAPTER 312, AB 541)κ
Subscribed and sworn to before me
this ...... day of the month of ...... of the year ......
.......................................................................
Notary Public or other person
authorized to administer an oath
3. [A person may be a candidate under his given name and surname, a contraction or familiar form of his given name followed by his surname or the initial of his given name followed by his surname. A nickname of not more than 10 letters may be incorporated into a candidates name. The nickname must be in quotation marks and appear immediately before the candidates surname. A nickname must not indicate any political, economic, social or religious view or affiliation and must not be the name of any person, living or dead, whose reputation is known on a statewide, nationwide or worldwide basis, or in any other manner deceive a voter regarding the person or principles for which he is voting.
4.] The address of a candidate which must be included in the declaration of candidacy or acceptance of candidacy pursuant to subsection 2 must be the street address of the residence where he actually, as opposed to constructively, resides in accordance with NRS 281.050, if one has been assigned. The declaration or acceptance of candidacy must not be accepted for filing if the candidates address is listed as a post office box unless a street address has not been assigned to his residence.
[5.] 4. By filing the declaration or acceptance of candidacy, the candidate shall be deemed to have appointed the filing officer for the office as his agent for service of process for the purposes of a proceeding pursuant to NRS 293.182. Service of such process must first be attempted at the appropriate address as specified by the candidate in the declaration or acceptance of candidacy. If the candidate cannot be served at that address, service must be made by personally delivering to and leaving with the filing officer duplicate copies of the process. The filing officer shall immediately send, by registered or certified mail, one of the copies to the candidate at his specified address, unless the candidate has designated in writing to the filing officer a different address for that purpose, in which case the filing officer shall mail the copy to the last address so designated.
Sec. 2.3. NRS 293.263 is hereby amended to read as follows:
293.263 On the primary ballots for a major political party the name of the major political party must appear at the top of the ballot. [Following] Except as otherwise provided in section 1 of this act, following this designation must appear the names of candidates grouped alphabetically under the title and length of term of the partisan office for which those candidates filed.
Sec. 2.7. NRS 293.265 is hereby amended to read as follows:
293.265 On nonpartisan primary ballots there must appear at the top of the ballot the designation Candidates for nonpartisan offices. [Following] Except as otherwise provided in section 1 of this act, following this designation must appear the names of candidates grouped alphabetically under the title and length of term of the nonpartisan office for which those candidates filed.
κ2003 Statutes of Nevada, Page 1718 (CHAPTER 312, AB 541)κ
Sec. 3. NRS 293.267 is hereby amended to read as follows:
293.267 1. Ballots for a general election must contain the names of candidates who were nominated at the primary election, the names of the candidates of a minor political party and the names of independent candidates.
2. [Names] Except as otherwise provided in section 1 of this act, names of candidates must be grouped alphabetically under the title and length of term of the office for which those candidates filed.
3. Except as otherwise provided in subsection 4:
(a) Immediately following the name of each candidate for a partisan office must appear the name of his political party or the word independent, as the case may be.
(b) Immediately following the name of each candidate for a nonpartisan office must appear the word nonpartisan.
4. Where a system of voting other than by paper ballot is used, the Secretary of State may provide for any placement of the name of the political party or the word independent or nonpartisan which clearly relates the designation to the name of the candidate to whom it applies.
5. If the Legislature rejects a statewide measure proposed by initiative and proposes a different measure on the same subject which the Governor approves, the measure proposed by the Legislature and approved by the Governor must be listed on the ballot before the statewide measure proposed by initiative. Each ballot and sample ballot upon which the measures appear must contain a statement that reads substantially as follows:
The following questions are alternative approaches to the same issue and only one approach may be enacted into law. Please vote for only one.
Sec. 4. (Deleted by amendment.)
Sec. 5. NRS 293.504 is hereby amended to read as follows:
293.504 1. The following offices shall serve as voter registration agencies:
(a) Such offices that provide public assistance as are designated by the Secretary of State;
(b) Each office that receives money from the State of Nevada to provide services to persons in this state who are disabled;
(c) The offices of the Department of Motor Vehicles;
(d) The offices of the city and county clerks; and
(e) Such other offices as the Secretary of State deems appropriate.
2. Each voter registration agency shall:
(a) Post in a conspicuous place, in at least 12-point type, instructions for registering to vote;
(b) Make applications to register to vote which may be returned by mail available to each person who applies for or receives services or assistance from the agency;
(c) Provide the same amount of assistance to an applicant in completing an application to register to vote as the agency provides to a person completing any other forms for the agency; and
(d) Accept completed applications to register to vote.
3. Except as otherwise provided in this subsection and NRS 293.524, any application to register to vote accepted by a voter registration agency must be transmitted to the county clerk not later than 10 days after the application is accepted. [During] The applications must be forwarded daily during the 2 weeks immediately preceding the [close of registration for an election, the applications must be forwarded daily.]
κ2003 Statutes of Nevada, Page 1719 (CHAPTER 312, AB 541)κ
during the 2 weeks immediately preceding the [close of registration for an election, the applications must be forwarded daily.] fifth Sunday preceding an election. The county clerk shall accept any application to register to vote which is obtained from a voter registration agency pursuant to this section and completed by the [last day to register] fifth Sunday preceding an election if he receives the application not later than 5 days after [the close of registration.] that date.
4. The Secretary of State shall cooperate with the Secretary of Defense to develop and carry out procedures to enable persons in this state to apply to register to vote at recruitment offices of the United States Armed Forces.
Sec. 6. NRS 293.505 is hereby amended to read as follows:
293.505 1. All justices of the peace, except those located in county seats, are ex officio field registrars to carry out the provisions of this chapter.
2. The county clerk shall appoint at least one registered voter to serve as a field registrar of voters who, except as otherwise provided in NRS 293.5055, shall register voters within the county for which he is appointed. Except as otherwise provided in subsection 1, a candidate for any office may not be appointed or serve as a field registrar. A field registrar serves at the pleasure of the county clerk and shall perform his duties as the county clerk may direct.
3. A field registrar shall demand of any person who applies for registration all information required by the application to register to vote and shall administer all oaths required by this chapter.
4. When a field registrar has in his possession five or more completed applications to register to vote he shall forward them to the county clerk, but in no case may he hold any number of them for more than 10 days.
5. [Immediately] Each field registrar shall forward to the county clerk all completed applications in his possession immediately after the [close of registration, each field registrar shall forward to the county clerk all completed applications in his possession.] fifth Sunday preceding an election. Within 5 days after the [close of registration for a] fifth Sunday preceding any general election or general city election, a field registrar shall return all unused applications in his possession to the county clerk. If all of the unused applications are not returned to the county clerk, the field registrar shall account for the unreturned applications.
6. Each field registrar shall submit to the county clerk a list of the serial numbers of the completed applications to register to vote and the names of the electors on those applications. The serial numbers must be listed in numerical order.
7. Each field registrar shall post notices sent to him by the county clerk for posting in accordance with the election laws of this state.
8. A field registrar, employee of a voter registration agency or person assisting a voter pursuant to subsection 10 of NRS 293.5235 shall not:
(a) Delegate any of his duties to another person; or
(b) Refuse to register a person on account of that persons political party affiliation.
9. A person shall not hold himself out to be or attempt to exercise the duties of a field registrar unless he has been so appointed.
10. A county clerk, field registrar, employee of a voter registration agency or person assisting a voter pursuant to subsection 10 of NRS 293.5235 shall not:
(a) Solicit a vote for or against a particular question or candidate;
κ2003 Statutes of Nevada, Page 1720 (CHAPTER 312, AB 541)κ
(b) Speak to a voter on the subject of marking his ballot for or against a particular question or candidate; or
(c) Distribute any petition or other material concerning a candidate or question which will be on the ballot for the ensuing election,
while he is registering an elector.
11. When the county clerk receives applications to register to vote from a field registrar he shall issue a receipt to the field registrar. The receipt must include:
(a) The number of persons registered; and
(b) The political party of the persons registered.
12. A county clerk, field registrar, employee of a voter registration agency or person assisting a voter pursuant to subsection 10 of NRS 293.5235 shall not:
(a) Knowingly register a person who is not a qualified elector or a person who has filed a false or misleading application to register to vote;
(b) Alter or deface an application to register to vote that has been signed by an elector except to correct information contained in the application after receiving notice from the elector that a change in or addition to the information is required; or
(c) Register a person who fails to provide satisfactory proof of identification and the address at which he actually resides.
13. If a field registrar violates any of the provisions of this section, the county clerk shall immediately suspend the field registrar and notify the district attorney of the county in which the violation occurred.
14. A person who violates any of the provisions of subsection 8, 9, 10 or 12 is guilty of a category E felony and shall be punished as provided in NRS 193.130.
Sec. 7. NRS 293.517 is hereby amended to read as follows:
293.517 1. Any elector residing within the county may register:
(a) [By] Except as otherwise provided in NRS 293.560 and 293C.527, by appearing before the county clerk, a field registrar or a voter registration agency, completing the application to register to vote and giving true and satisfactory answers to all questions relevant to his identity and right to vote;
(b) By completing and mailing or personally delivering to the county clerk an application to register to vote pursuant to the provisions of NRS 293.5235;
(c) Pursuant to the provisions of NRS 293.501 or 293.524; or
(d) At his residence with the assistance of a field registrar pursuant to NRS 293.5237.
The county clerk shall require a person to submit official identification as proof of residence and identity, such as a drivers license or other official document, before registering him.
2. The application to register to vote must be signed and verified under penalty of perjury by the elector registering.
3. Each elector who is or has been married must be registered under his own given or first name, and not under the given or first name or initials of his spouse.
4. An elector who is registered and changes his name must complete a new application to register to vote. He may obtain a new application:
(a) At the office of the county clerk or field registrar;
(b) By submitting an application to register to vote pursuant to the provisions of NRS 293.5235;
κ2003 Statutes of Nevada, Page 1721 (CHAPTER 312, AB 541)κ
(c) By submitting a written statement to the county clerk requesting the county clerk to mail an application to register to vote; or
(d) At any voter registration agency.
If the elector fails to register under his new name, he may be challenged pursuant to the provisions of NRS 293.303 or 293C.292 and may be required to furnish proof of identity and subsequent change of name.
5. An elector who registers to vote pursuant to paragraph (a) of subsection 1 shall be deemed to be registered upon the completion of his application to register to vote.
6. After the county clerk determines that the application to register to vote of a person is complete and that the person is eligible to vote, he shall issue a voter registration card to the voter which contains:
(a) The name, address, political affiliation and precinct number of the voter;
(b) The date of issuance; and
(c) The signature of the county clerk.
Sec. 8. NRS 293.5237 is hereby amended to read as follows:
293.5237 Any time before the [close of registration] fifth Sunday preceding an election, a person who because of illness, disability or for other good cause shown requires assistance to complete an application to register to vote may request the county clerk in writing or by telephone to register him at his residence. Upon request, the county clerk shall direct the appropriate field registrar to go to the home of such a person to register him to vote.
Sec. 9. NRS 293.524 is hereby amended to read as follows:
293.524 1. The Department of Motor Vehicles shall provide an application to register to vote to each person who applies for the issuance or renewal of any type of drivers license or for an identification card.
2. The county clerk shall use the applications to register to vote which are signed and completed pursuant to subsection 1 to register applicants to vote or to correct information in the registrar of voters register. An application that is not signed must not be used to register or correct the registration of the applicant.
3. For the purposes of this section, each employee specifically authorized to do so by the Director of the Department may oversee the completion of an application. The authorized employee shall check the application for completeness and verify the information required by the application. Each application must include a duplicate copy or receipt to be retained by the applicant upon completion of the form. The Department shall, except as otherwise provided in this subsection, forward each application on a weekly basis to the county clerk or, if applicable, to the registrar of voters of the county in which the applicant resides. [During] The applications must be forwarded daily during the 2 weeks immediately preceding the [close of registration for an election, the applications must be forwarded daily.] fifth Sunday preceding an election.
4. The county clerk shall accept any application to register to vote which is obtained from the Department of Motor Vehicles pursuant to this section and completed by the [last day to register] fifth Sunday preceding an election if he receives the application not later than 5 days after [the close of registration.] that date. Upon receipt of an application, the county clerk or field registrar of voters shall determine whether the application is complete. If he determines that the application is complete, he shall notify the applicant and the applicant shall be deemed to be registered as of the date of the submission of the application.
κ2003 Statutes of Nevada, Page 1722 (CHAPTER 312, AB 541)κ
and the applicant shall be deemed to be registered as of the date of the submission of the application. If he determines that the application is not complete, he shall notify the applicant of the additional information required. The applicant shall be deemed to be registered as of the date of the initial submission of the application if the additional information is provided within 15 days after the notice for the additional information is mailed. If the applicant has not provided the additional information within 15 days after the notice for the additional information is mailed, the incomplete application is void. Any notification required by this subsection must be given by mail at the mailing address on the application not more than 7 working days after the determination is made concerning whether the application is complete.
5. The county clerk shall use any form submitted to the Department to correct information on a drivers license or identification card to correct information in the registrar of voters register, unless the person indicates on the form that the correction is not to be used for the purposes of voter registration. The Department shall forward each such form to the county clerk or, if applicable, to the registrar of voters of the county in which the person resides in the same manner provided by subsection 3 for applications to register to vote.
6. Upon receipt of a form to correct information, the county clerk shall compare the information to that contained in the registrar of voters register. If the person is a registered voter, the county clerk shall correct the information to reflect any changes indicated on the form. After making any changes, the county clerk shall notify the person by mail that his records have been corrected.
7. The Secretary of State shall, with the approval of the Director, adopt regulations to:
(a) Establish any procedure necessary to provide an elector who applies to register to vote pursuant to this section the opportunity to do so;
(b) Prescribe the contents of any forms or applications which the Department is required to distribute pursuant to this section; and
(c) Provide for the transfer of the completed applications of registration from the Department to the appropriate county clerk for inclusion in the election board registers and registrar of voters register.
Sec. 10. NRS 293.560 is hereby amended to read as follows:
293.560 1. Except as otherwise provided in NRS 293.502, registration must close at 9 p.m. on the [fifth Saturday] third Tuesday preceding any primary or general election and at 9 p.m. on the third Saturday preceding any recall or special election, except that if a recall or special election is held on the same day as a primary or general election, registration must close at 9 p.m. on the [fifth Saturday] third Tuesday preceding the day of the elections.
2. The [offices] office of the county clerk [and other ex officio registrars] must be open from 9 a.m. to 5 p.m. and [the office of the county clerk must also be open] from 7 p.m. to 9 p.m., including Saturdays, during the last days before the close of registration, according to the following schedule:
(a) In a county whose population is less than 100,000, [those offices] the office of the county clerk must be open during the last 3 days before registration closes.
(b) In all other counties, [those offices] the office of the county clerk must be open during the last 5 days before registration closes.
κ2003 Statutes of Nevada, Page 1723 (CHAPTER 312, AB 541)κ
3. Except for a special election held pursuant to chapter 306 or 350 of NRS:
(a) The county clerk of each county shall cause a notice signed by him to be published in a newspaper having a general circulation in the county indicating the day that registration will be closed. If no such newspaper is published in the county, the publication may be made in a newspaper of general circulation published in the nearest county in this state.
(b) The notice must be published once each week for 4 consecutive weeks next preceding the close of registration for any election.
4. The offices of the county clerk and other ex officio registrars may remain open on the last Friday in October in each even-numbered year.
5. For the period beginning on the fifth Sunday preceding any primary or general election and ending on the third Tuesday preceding any primary or general election, an elector may register to vote only by appearing in person at the office of the county clerk.
Sec. 11. NRS 293.565 is hereby amended to read as follows:
293.565 1. Except as otherwise provided in subsection 2, sample ballots must include:
(a) If applicable, the statement required by NRS 293.267;
(b) The fiscal note, as provided pursuant to NRS 218.443 or 293.250, for each proposed constitutional amendment or statewide measure;
[(b)] (c) An explanation, as provided pursuant to NRS 218.443, of each proposed constitutional amendment or statewide measure, including arguments for and against it; and
[(c)] (d) The full text of each proposed constitutional amendment.
2. Sample ballots that are mailed to registered voters may be printed without the full text of each proposed constitutional amendment if:
(a) The cost of printing the sample ballots would be significantly reduced if the full text of each proposed constitutional amendment were not included;
(b) The county clerk ensures that a sample ballot that includes the full text of each proposed constitutional amendment is provided at no charge to each registered voter who requests such a sample ballot; and
(c) The sample ballots provided to each polling place include the full text of each proposed constitutional amendment.
3. At least 10 days before any election, the county clerk shall cause to be mailed to each registered voter in the county a sample ballot for his precinct with a notice informing the voter of the location of his polling place. If the location of the polling place has changed since the last election:
(a) The county clerk shall mail a notice of the change to each registered voter in the county not sooner than 10 days before mailing the sample ballots; or
(b) The sample ballot must also include a notice in bold type immediately above the location which states:
NOTICE: THE LOCATION OF YOUR POLLING PLACE
HAS CHANGED SINCE THE LAST ELECTION
4. Except as otherwise provided in subsection 5, a sample ballot required to be mailed pursuant to this section must:
(a) Be printed in at least 12-point type; and
κ2003 Statutes of Nevada, Page 1724 (CHAPTER 312, AB 541)κ
(b) Include on the front page, in a separate box created by bold lines, a notice printed in at least 20-point bold type that states:
NOTICE: TO RECEIVE A SAMPLE BALLOT IN
LARGE TYPE, CALL (Insert appropriate telephone number)
5. A portion of a sample ballot that contains a facsimile of the display area of a voting device may include material in less than 12-point type to the extent necessary to make the facsimile fit on the pages of the sample ballot.
6. The sample ballot mailed to a person who requests a sample ballot in large type by exercising the option provided pursuant to NRS 293.508, or in any other manner, must be printed in at least 14-point type, or larger when practicable.
7. If a person requests a sample ballot in large type, the county clerk shall ensure that all future sample ballots mailed to that person from the county are in large type.
8. The county clerk shall include in each sample ballot a statement indicating that the county clerk will, upon request of a voter who is elderly or disabled, make reasonable accommodations to allow the voter to vote at his polling place and provide reasonable assistance to the voter in casting his vote, including, without limitation, providing appropriate materials to assist the voter.
9. The cost of mailing sample ballots for any election other than a primary or general election must be borne by the political subdivision holding the election.
Sec. 12. NRS 293C.185 is hereby amended to read as follows:
293C.185 1. Except as otherwise provided in NRS 293C.190, a name may not be printed on a ballot to be used at a primary city election, unless the person named has filed a declaration of candidacy or an acceptance of candidacy and paid the fee established by the governing body of the city not earlier than 70 days before the primary city election and not later than 5 p.m. on the 60th day before the primary city election.
2. A declaration of candidacy required to be filed by this section must be in substantially the following form:
Declaration of Candidacy of ........ for the
Office of ................
State of Nevada
City of..........................................
For the purpose of having my name placed on the official ballot as a candidate for the office of ................, I, the undersigned ................, do swear or affirm under penalty of perjury that I actually, as opposed to constructively, reside at ......................, in the City or Town of ................, County of .................., State of Nevada; that my actual, as opposed to constructive, residence in the city, township or other area prescribed by law to which the office pertains began on a date at least 30 days immediately preceding the date of the close of filing of declarations of candidacy for this office; that my telephone number is .., and the address at which I receive mail, if different than my residence, is .; that if nominated as a candidate at the ensuing election I will accept the nomination and not withdraw; that I will not knowingly violate any election law or any law defining and prohibiting corrupt and fraudulent practices in campaigns and elections in this state; that I will qualify for the office if elected thereto, including, but not limited to, complying with any limitation prescribed by the Constitution and laws of this state concerning the number of years or terms for which a person may hold the office; and my name will appear on all ballots as designated in this declaration.
κ2003 Statutes of Nevada, Page 1725 (CHAPTER 312, AB 541)κ
a candidate at the ensuing election I will accept the nomination and not withdraw; that I will not knowingly violate any election law or any law defining and prohibiting corrupt and fraudulent practices in campaigns and elections in this state; that I will qualify for the office if elected thereto, including, but not limited to, complying with any limitation prescribed by the Constitution and laws of this state concerning the number of years or terms for which a person may hold the office; and my name will appear on all ballots as designated in this declaration.
.................................................................
(Designation of name)
.................................................................
(Signature of candidate for office)
Subscribed and sworn to before me
this ...... day of the month of ...... of the year ......
.......................................................................
Notary Public or other person
authorized to administer an oath
3. [A person may be a candidate under his given name and surname, a contraction or familiar form of his given name followed by his surname or the initial of his given name followed by his surname. A nickname of not more than 10 letters may be incorporated into a candidates name. The nickname must be in quotation marks and appear immediately before the candidates surname. A nickname must not indicate any political, economic, social or religious view or affiliation and must not be the name of any person, living or dead, whose reputation is known on a statewide, nationwide or worldwide basis, or in any other manner deceive a voter concerning the person or principles for which he is voting.
4.] The address of a candidate that must be included in the declaration or acceptance of candidacy pursuant to subsection 2 must be the street address of the residence where he actually, as opposed to constructively, resides in accordance with NRS 281.050, if one has been assigned. The declaration or acceptance of candidacy must not be accepted for filing if the candidates address is listed as a post office box unless a street address has not been assigned to his residence.
[5.] 4. By filing the declaration or acceptance of candidacy, the candidate shall be deemed to have appointed the city clerk as his agent for service of process for the purposes of a proceeding pursuant to NRS 293C.186. Service of such process must first be attempted at the appropriate address as specified by the candidate in the declaration or acceptance of candidacy. If the candidate cannot be served at that address, service must be made by personally delivering to and leaving with the city clerk duplicate copies of the process. The city clerk shall immediately send, by registered or certified mail, one of the copies to the candidate at his specified address, unless the candidate has designated in writing to the city clerk a different address for that purpose, in which case the city clerk shall mail the copy to the last address so designated.
κ2003 Statutes of Nevada, Page 1726 (CHAPTER 312, AB 541)κ
Sec. 12.5. NRS 293C.257 is hereby amended to read as follows:
293C.257 For a primary city election there must appear at the top of each ballot the designation Candidates for city offices. [Following] Except as otherwise provided in section 1 of this act, following this designation must appear the names of candidates grouped alphabetically under the title and length of term of the office for which those candidates filed.
Sec. 13. NRS 293C.260 is hereby amended to read as follows:
293C.260 1. Except as otherwise provided in NRS 293C.140, ballots for a general city election must contain the names of candidates who were nominated at the primary city election.
2. [The] Except as otherwise provided in section 1 of this act, the names of candidates must be grouped alphabetically under the title and length of term of the office for which those candidates filed.
Sec. 14. NRS 293C.527 is hereby amended to read as follows:
293C.527 1. Except as otherwise provided in NRS 293.502, registration must close at 9 p.m. on the [fifth Saturday] third Tuesday preceding any primary city election or general city election and at 9 p.m. on the third Saturday preceding any recall or special election, except that if a recall or special election is held on the same day as a primary city election or general city election, registration must close at 9 p.m. on the [fifth Saturday] third Tuesday preceding the day of the elections.
2. The [offices] office of the city [and county clerk and other ex officio registrars] clerk must be open from 9 a.m. to 5 p.m. and [the offices of the city and county clerk must also be open] from 7 p.m. to 9 p.m., including Saturdays, during the last days before the close of registration before a primary city election or general city election, according to the following schedule:
(a) In a city whose population is less than 25,000, [those offices] the office of the city clerk must be open during the last 3 days before registration closes.
(b) In a city whose population is 25,000 or more, [those offices] the office of the city clerk must be open during the last 5 days before registration closes.
3. Except for a special election held pursuant to chapter 306 or 350 of NRS:
(a) The city clerk of each city shall cause a notice signed by him to be published in a newspaper having a general circulation in the city indicating the day that registration will be closed. If no newspaper is of general circulation in that city, the publication may be made in a newspaper of general circulation in the nearest city in this state.
(b) The notice must be published once each week for 4 consecutive weeks next preceding the close of registration for any election.
4. For the period beginning on the fifth Sunday preceding any primary city election or general city election and ending on the third Tuesday preceding any primary city election or general city election, an elector may register to vote only by appearing in person at the office of the city clerk.
Sec. 15. Chapter 294A of NRS is hereby amended by adding thereto a new section to read as follows:
The Secretary of State and a city clerk shall not request or require a candidate, person, group of persons, committee or political party to list each of the expenditures or campaign expenses of $100 or less on a form designed and provided pursuant to NRS 294A.125, 294A.200, 294A.210, 294A.220, 294A.280, 294A.360 or 294A.362.
κ2003 Statutes of Nevada, Page 1727 (CHAPTER 312, AB 541)κ
designed and provided pursuant to NRS 294A.125, 294A.200, 294A.210, 294A.220, 294A.280, 294A.360 or 294A.362.
Sec. 16. NRS 294A.300 is hereby amended to read as follows:
294A.300 1. It is unlawful for a member of the Legislature, the Lieutenant Governor, the Lieutenant Governor-Elect, the Governor or the Governor-Elect to solicit or accept any monetary contribution, or solicit or accept a commitment to make such a contribution for any political purpose during the period beginning:
(a) Thirty days before a regular session of the Legislature and ending 30 days after the final adjournment of a regular session of the Legislature; [or]
(b) Fifteen days before a special session of the Legislature is set to commence and ending 15 days after the final adjournment of a special session of the Legislature, if the Governor sets a specific date for the commencement of the special session that is more than 15 days after the Governor issues the proclamation calling for the special session; or
(c) The day after the Governor issues a proclamation calling for a special session of the Legislature and ending 15 days after the final adjournment of a special session of the Legislature [.] if the Governor sets a specific date for the commencement of the special session that is 15 or fewer days after the Governor issues the proclamation calling for the special session.
2. This section does not prohibit the payment of a salary or other compensation or income to a member of the Legislature, the Lieutenant Governor or the Governor during a session of the Legislature if it is made for services provided as a part of his regular employment or is additional income to which he is entitled.
Sec. 17. NRS 294A.310 is hereby amended to read as follows:
294A.310 1. A member of an organization whose primary purpose is to provide support for Legislators of a particular political party and house shall not solicit or accept contributions on behalf of the Legislators or the organization, or solicit or accept a commitment to make such a contribution during the period beginning:
(a) Thirty days before a regular session of the Legislature and ending 30 days after the final adjournment of a regular session of the Legislature; [or]
(b) Fifteen days before a special session of the Legislature is set to commence and ending 15 days after the final adjournment of a special session of the Legislature, if the Governor sets a specific date for the commencement of the special session that is more than 15 days after the Governor issues the proclamation calling for the special session; or
(c) The day after the Governor issues a proclamation calling for a special session of the Legislature and ending 15 days after the final adjournment of a special session of the Legislature [.] if the Governor sets a specific date for the commencement of the special session that is 15 or fewer days after the Governor issues the proclamation calling for the special session.
2. A person shall not make or commit to make a contribution or commitment prohibited by subsection 1.
3. A person shall not accept a contribution on behalf of another person to avoid the prohibitions of this section.
Sec. 18. NRS 218.942 is hereby amended to read as follows:
218.942 1. A lobbyist shall not knowingly or willfully make any false statement or misrepresentation of facts:
(a) To any member of the Legislative Branch in an effort to persuade or influence him in his official actions.
κ2003 Statutes of Nevada, Page 1728 (CHAPTER 312, AB 541)κ
(b) In a registration statement or report concerning lobbying activities filed with the Director.
2. A lobbyist shall not give to a member of the Legislative Branch or a member of his staff or immediate family gifts that exceed $100 in value in the aggregate in any calendar year.
3. A member of the Legislative Branch or a member of his staff or immediate family shall not solicit anything of value from a registrant or accept any gift that exceeds $100 in aggregate value in any calendar year.
4. A person who employs or uses a lobbyist shall not make that lobbyists compensation or reimbursement contingent in any manner upon the outcome of any legislative action.
5. Except during the period permitted by NRS 218.918, a person shall not knowingly act as a lobbyist without being registered as required by that section.
6. Except as otherwise provided in subsection 7, a member of the Legislative or Executive Branch of the State Government and an elected officer or employee of a political subdivision shall not receive compensation or reimbursement other than from the State or the political subdivision for personally engaging in lobbying.
7. An elected officer or employee of a political subdivision may receive compensation or reimbursement from any organization whose membership consists of elected or appointed public officers.
8. A lobbyist shall not instigate the introduction of any legislation for the purpose of obtaining employment to lobby in opposition thereto.
9. A lobbyist shall not make, commit to make or offer to make a monetary contribution to a member of the Legislature, the Lieutenant Governor, the Lieutenant Governor-elect, the Governor or the Governor-elect during the period beginning:
(a) Thirty days before a regular session of the Legislature and ending 30 days after the final adjournment of a regular session of the Legislature; [or]
(b) Fifteen days before a special session of the Legislature is set to commence and ending 15 days after the final adjournment of a special session of the Legislature, if the Governor sets a specific date for the commencement of the special session that is more than 15 days after the Governor issues the proclamation calling for the special session; or
(c) The day after the Governor issues a proclamation calling for a special session of the Legislature and ending 15 days after the final adjournment of a special session of the Legislature [.] if the Governor sets a specific date for the commencement of the special session that is 15 or fewer days after the Governor issues the proclamation calling for the special session.
Sec. 19. Section 5.050 of the Charter of the City of Caliente, being chapter 31, Statutes of Nevada 1971, at page 67, is hereby amended to read as follows:
Sec. 5.050 Names on ballots.
1. The full names of all candidates, except those who have withdrawn, died or become ineligible, [shall] must be printed on the official ballots without party designation or symbol. [The use of nicknames in conjunction with the candidates legal names is allowed and the nicknames may be printed on the official ballots.]
2. If two or more candidates have the same surname or surnames so similar as to be likely to cause confusion [, their residence addresses shall be printed with] and:
κ2003 Statutes of Nevada, Page 1729 (CHAPTER 312, AB 541)κ
(a) None of them is an incumbent, their middle names or middle initials, if any, must be included in their names as printed on the ballot [.] ; or
(b) One of them is an incumbent, the name of the incumbent must be listed first and must be printed in bold type.
Sec. 20. Section 5.050 of the Charter of Carson City, being chapter 213, Statutes of Nevada 1969, at page 305, is hereby amended to read as follows:
Sec. 5.050 Names on ballots.
1. The full names of all candidates, except those who have withdrawn, died or become ineligible, [shall] must be printed on the official ballots without party designation or symbol. [The use of nicknames in conjunction with the candidates legal names is allowed and nicknames may be printed on the official ballots.]
2. If two or more candidates have the same surname or surnames so similar as to be likely to cause confusion [, their residence addresses shall be printed with] and:
(a) None of them is an incumbent, their middle names or middle initials, if any, must be included in their names as printed on the ballot [.] ; or
(b) One of them is an incumbent, the name of the incumbent must be listed first and must be printed in bold type.
Sec. 21. Section 5.040 of the Charter of the City of Elko, being chapter 276, Statutes of Nevada 1971, at page 488, is hereby amended to read as follows:
Sec. 5.040 Names on ballots.
1. The full names of all candidates, except those who have withdrawn, died or become ineligible, [shall] must be printed on the official ballots without party designation or symbol. [The use of nicknames in conjunction with the candidates legal names is allowed and the nicknames may be printed on the official ballots.]
2. If two or more candidates have the same surname or surnames so similar as to be likely to cause confusion [, their residence addresses shall be printed with] and:
(a) None of them is an incumbent, their middle names or middle initials, if any, must be included in their names as printed on the ballot [.] ; or
(b) One of them is an incumbent, the name of the incumbent must be listed first and must be printed in bold type.
Sec. 22. Section 5.050 of the Charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, as amended by chapter 596, Statutes of Nevada 1995, at page 2215, is hereby amended to read as follows:
Sec. 5.050 Names on ballots.
1. The full names of all candidates, except those who have withdrawn, died or become ineligible, must be printed on the official ballots without party designation or symbol. [The use of nicknames in conjunction with the candidates legal names is allowed and the nicknames may be printed on the official ballots in accordance with the provisions of NRS 293.177.]
2. If two or more candidates have the same surname or surnames so similar as to be likely to cause confusion [, their residence addresses must be printed with] and:
κ2003 Statutes of Nevada, Page 1730 (CHAPTER 312, AB 541)κ
(a) None of them is an incumbent, their middle names or middle initials, if any, must be included in their names as printed on the ballot [.] ; or
(b) One of them is an incumbent, the name of the incumbent must be listed first and must be printed in bold type.
Sec. 23. Section 5.050 of the Charter of the City of Las Vegas, being chapter 517, Statutes of Nevada 1983, at page 1415, is hereby amended to read as follows:
Sec. 5.050 Names on ballots.
1. The full names of all of the candidates, except those who have withdrawn, died or become ineligible, must be printed on the official ballots without party designation or symbol. [The use of nicknames in conjunction with the candidates legal names is allowed, and the nicknames may be printed with the legal names on the official ballots.]
2. If two or more candidates have the same name or names which are so similar as likely to cause confusion [, their residence addresses must be printed with] and:
(a) None of them is an incumbent, their middle names or middle initials, if any, must be included in their names as printed on the ballots [.] ; or
(b) One of them is an incumbent, the name of the incumbent must be listed first and must be printed in bold type.
Sec. 24. Section 5.050 of the Charter of the City of North Las Vegas, being chapter 573, Statutes of Nevada 1971, as amended by chapter 723, Statutes of Nevada 1973, at page 1442, is hereby amended to read as follows:
Sec. 5.050 Names on ballots.
1. The full names of all candidates, except those who have withdrawn, died or become ineligible, [shall] must be printed on the official ballots without party designation or symbol. [The use of nicknames in conjunction with the candidates legal names is allowed and the nicknames may be printed on the official ballots.]
2. If two or more candidates have the same surname or surnames so similar as to be likely to cause confusion [, their residence addresses shall be printed with] and:
(a) None of them is an incumbent, their middle names or middle initials, if any, must be included in their names as printed on the ballot [.] ; or
(b) One of them is an incumbent, the name of the incumbent must be listed first and must be printed in bold type.
3. In any election regulated by this Charter, the names of candidates as printed on the ballot shall not include any title, designation or other reference which will indicate the profession or occupation of such candidates.
Sec. 25. Section 5.050 of the Charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, at page 1978, is hereby amended to read as follows:
Sec. 5.050 Names on ballots.
1. The full names of all candidates, except those who have withdrawn, died or become ineligible, [shall] must be printed on the official ballots without party designation or symbol. [The use of nicknames in conjunction with the candidates legal names is allowed and the nicknames may be printed on the official ballots.]
κ2003 Statutes of Nevada, Page 1731 (CHAPTER 312, AB 541)κ
nicknames in conjunction with the candidates legal names is allowed and the nicknames may be printed on the official ballots.]
2. If two or more candidates have the same surname or surnames so similar as to be likely to cause confusion [, their residence addresses shall be printed with] and:
(a) None of them is an incumbent, their middle names or middle initials, if any, must be included in their names as printed on the ballot [.] ; or
(b) One of them is an incumbent, the name of the incumbent must be listed first and must be printed in bold type.
Sec. 26. Section 5.050 of the Charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, at page 736, is hereby amended to read as follows:
Sec. 5.050 Names on ballots.
1. The full names of all candidates, except those who have withdrawn, died or become ineligible, [shall] must be printed on the official ballots without party designation or symbol. [The use of nicknames in conjunction with the candidates legal names is allowed and the nicknames may be printed on the official ballots.]
2. If two or more candidates have the same surname [,] or surnames so similar as to be likely to cause confusion [, their residence addresses shall be printed with] and:
(a) None of them is an incumbent, their middle names or middle initials, if any, must be included in their names as printed on the ballot [.] ; or
(b) One of them is an incumbent, the name of the incumbent must be listed first and must be printed in bold type.
Sec. 27. Section 5.040 of the Charter of the City of Wells, being chapter 275, Statutes of Nevada 1971, at page 470, is hereby amended to read as follows:
Sec. 5.040 Names on ballots.
1. The full names of all candidates, except those who have withdrawn, died or become ineligible, [shall] must be printed on the official ballots without party designation or symbol. [The use of nicknames in conjunction with the candidates legal names is allowed and the nicknames may be printed on the official ballots.]
2. If two or more candidates have the same surname or surnames so similar as to be likely to cause confusion [, their residence addresses shall be printed with] and:
(a) None of them is an incumbent, their middle names or middle initials, if any, must be included in their names as printed on the ballot [.] ; or
(b) One of them is an incumbent, the name of the incumbent must be listed first and must be printed in bold type.
Sec. 28. Section 5.040 of the Charter of the City of Yerington, being chapter 465, Statutes of Nevada 1971, at page 912, is hereby amended to read as follows:
Sec. 5.040 Names on ballots.
1. The full names of all candidates, except those who have withdrawn, died or become ineligible, [shall] must be printed on the official ballots without party designation or symbol. [The use of nicknames in conjunction with the candidates legal names is allowed and the nicknames may be printed on the official ballots.]
κ2003 Statutes of Nevada, Page 1732 (CHAPTER 312, AB 541)κ
nicknames in conjunction with the candidates legal names is allowed and the nicknames may be printed on the official ballots.]
2. If two or more candidates have the same surname or surnames so similar as to be likely to cause confusion [, their residence addresses shall be printed with] and:
(a) None of them is an incumbent, their middle names or middle initials, if any, must be included in their names as printed on the ballot [.] ; or
(b) One of them is an incumbent, the name of the incumbent must be listed first and must be printed in bold type.
________
Assembly Bill No. 230Assemblywoman Buckley
CHAPTER 313
AN ACT relating to mobile home parks; requiring certain membership on the board of directors of certain parks operated by nonprofit organizations; providing exceptions to the requirement that certain parks provide individual meters for the water service provided to tenants; and providing other matters properly relating thereto.
[Approved: May 29, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 461A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. Corporate cooperative park has the meaning ascribed to it in NRS 118B.0117.
Sec. 3. 1. The board of directors of a mobile home park owned or leased by a nonprofit organization must consist of a number of members such that one-third of the members of the board are elected by the residents of the park, one-third of the members of the board are appointed by the governing body of the local government with jurisdiction over the location of the park and one-third of the members of the board are appointed by the nonprofit organization owning or leasing the park.
2. The provisions of this section do not apply to a corporate cooperative park.
Sec. 4. NRS 461A.010 is hereby amended to read as follows:
461A.010 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 461A.020 to 461A.065, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.
Sec. 5. NRS 461A.230 is hereby amended to read as follows:
461A.230 1. Each mobile home park constructed after July 1, 1981, but before October 1, 1989, must provide direct electrical and gas service from a utility or an alternative seller to each lot if those services are available.
2. Each mobile home park constructed after October 1, 1989, must provide direct:
κ2003 Statutes of Nevada, Page 1733 (CHAPTER 313, AB 230)κ
(a) Electrical and gas service from a public utility or an alternative seller, or a city, county or other governmental entity which provides electrical or gas service, to each lot if those services are available.
(b) Water service from a public utility or a city, county or other governmental entity which provides water service, the provisions of NRS 704.230 notwithstanding, to the park if that service is available.
3. [In] Except as otherwise provided in subsection 4, in a county whose population is 400,000 or more, each mobile home park constructed after October 1, 1995, must provide direct water service, as provided in paragraph (b) of subsection 2, that is connected to individual meters for each lot. The individual meters must be installed in compliance with any uniform design and construction standards adopted by the public utility or city, county or other governmental entity which provides water service in the county.
4. The provisions of subsection 3:
(a) Do not apply to a mobile home park constructed after October 1, 1995, if the mobile home park is operated by:
(1) A public housing authority; or
(2) A nonprofit corporation. As used in this subparagraph, nonprofit corporation does not include a corporate cooperative park.
(b) Do not prohibit a mobile home park constructed on or before October 1, 1995, from expanding the number of lots in the mobile home park if the expansion can be accommodated under the capacity, as it existed on October 1, 1995, of the service connection to the master meter for the mobile home park.
5. As used in this section, alternative seller has the meaning ascribed to it in NRS 704.994.
Sec. 6. This act becomes effective on July 1, 2003.
________
Assembly Bill No. 291Committee on Government Affairs
CHAPTER 314
AN ACT relating to land use planning; providing that members of city and county planning commissions in certain larger counties serve at the pleasure of their appointing authority; limiting the number of continuances that may be granted by a city or county planning commission in certain larger counties under certain circumstances; revising provisions relating to the appeal of certain land use decisions; revising certain ethical requirements with respect to members of city and county planning commissions in certain larger counties; and providing other matters properly relating thereto.
[Approved: May 29, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 278.040 is hereby amended to read as follows:
278.040 1. The members of the planning commission are appointed by the chief executive officer of the city, or in the case of a county by the chairman of the board of county commissioners, with the approval of the governing body.
κ2003 Statutes of Nevada, Page 1734 (CHAPTER 314, AB 291)κ
chairman of the board of county commissioners, with the approval of the governing body. The members must not be members of the governing body of the city or county. The majority of the members of the county planning commission in any county whose population is 400,000 or more must reside within the unincorporated area of the county.
2. In Carson City, the members of the planning commission established as provided in NRS 278.030 are appointed by the mayor from the city at large, with the approval of the Board of Supervisors.
3. The governing body may provide for compensation to its planning commission in an amount of not more than $80 per meeting of the commission, with a total of not more than $400 per month, and may provide travel expenses and subsistence allowances for the members in the same amounts as are allowed for other officers and employees of the county or city.
4. Except as otherwise provided in this subsection, the term of each member is 4 years, or until his successor takes office. If applicable, the term of each member of a county or city planning commission in any county whose population is 400,000 or more is coterminous with the term of the member of the governing body who recommended his appointment to the appointing authority. If the recommending member resigns his office before the expiration of his term, the corresponding member of the planning commission may continue to serve until the office is next filled by election. If the office of the recommending member becomes vacant before the expiration of the term for any other reason, the corresponding member of the planning commission may continue to serve for the duration of the original term.
5. [Members] Except as otherwise provided in this subsection, members of a county or city planning commission may be removed, after public hearing, by a majority vote of the governing body for just cause. In a county whose population is 400,000 or more, members of a county or city planning commission serve at the pleasure of their appointing authority.
6. Vacancies occurring otherwise than through the expiration of term must be filled for the unexpired term.
Sec. 2. NRS 278.050 is hereby amended to read as follows:
278.050 1. The commission shall hold at least one regular meeting in each month.
2. It shall adopt rules for transaction of business and shall keep a record of its resolutions, transactions, findings and determinations, which record shall be a public record.
3. In a county whose population is 400,000 or more, the commission shall not grant to an applicant more than two continuances on the same matter, unless the commission determines, upon good cause shown, that the granting of additional continuances is warranted.
Sec. 3. NRS 278.3195 is hereby amended to read as follows:
278.3195 1. Except as otherwise provided in NRS 278.310, each governing body shall adopt an ordinance providing that any person who is aggrieved by a decision of:
(a) The planning commission, if the governing body has created a planning commission pursuant to NRS 278.030;
(b) The board of adjustment, if the governing body has created a board of adjustment pursuant to NRS 278.270;
κ2003 Statutes of Nevada, Page 1735 (CHAPTER 314, AB 291)κ
(c) A hearing examiner, if the governing body has appointed a hearing examiner pursuant to NRS 278.262; or
(d) Any other person appointed or employed by the governing body who is authorized to make administrative decisions regarding the use of land,
may appeal the decision to the governing body. In a county whose population is 400,000 or more, a person shall be deemed to be aggrieved under an ordinance adopted pursuant to this subsection if the person appeared, either in person, through an authorized representative, or in writing, before a person or entity described in paragraphs (a) to (d), inclusive, on the matter which is the subject of the decision.
2. Except as otherwise provided in NRS 278.310, an ordinance adopted pursuant to subsection 1 must set forth, without limitation:
(a) The period within which an appeal must be filed with the governing body.
(b) The procedures pursuant to which the governing body will hear the appeal.
(c) That the governing body may affirm, modify or reverse a decision.
(d) The period within which the governing body must render its decision except that:
(1) In a county whose population is 400,000 or more, that period must not exceed 45 days.
(2) In a county whose population is less than 400,000, that period must not exceed 60 days.
(e) That the decision of the governing body is a final decision for the purpose of judicial review.
(f) That, in reviewing a decision, the governing body will be guided by the statement of purpose underlying the regulation of the improvement of land expressed in NRS 278.020.
(g) That the governing body may charge the appellant a fee for the filing of an appeal.
3. In addition to the requirements set forth in subsection 2, in a county whose population is 400,000 or more, an ordinance adopted pursuant to subsection 1 must:
(a) Set forth procedures for the consolidation of appeals; and
(b) Prohibit the governing body from granting to an aggrieved person more than two continuances on the same matter, unless the governing body determines, upon good cause shown, that the granting of additional continuances is warranted.
4. Any person who:
(a) Has appealed a decision to the governing body in accordance with an ordinance adopted pursuant to subsection 1; and
(b) Is aggrieved by the decision of the governing body,
may appeal that decision to the district court of the proper county by filing a petition for judicial review within 25 days after the date of filing of notice of the decision with the clerk or secretary of the governing body, as set forth in NRS 278.0235.
Sec. 4. NRS 281.501 is hereby amended to read as follows:
281.501 1. Except as otherwise provided in subsection 2 [or 3,] , 3 or 4, a public officer may vote upon a matter if the benefit or detriment accruing to him as a result of the decision either individually or in a representative capacity as a member of a general business, profession, occupation or group is not greater than that accruing to any other member of the general business, profession, occupation or group.
κ2003 Statutes of Nevada, Page 1736 (CHAPTER 314, AB 291)κ
is not greater than that accruing to any other member of the general business, profession, occupation or group.
2. [In] Except as otherwise provided in subsection 3, in addition to the requirements of the code of ethical standards, a public officer shall not vote upon or advocate the passage or failure of, but may otherwise participate in the consideration of a matter with respect to which the independence of judgment of a reasonable person in his situation would be materially affected by:
(a) His acceptance of a gift or loan;
(b) His pecuniary interest; or
(c) His commitment in a private capacity to the interests of others.
It must be presumed that the independence of judgment of a reasonable person would not be materially affected by his pecuniary interest or his commitment in a private capacity to the interests of others where the resulting benefit or detriment accruing to him or to the other persons whose interests to which the member is committed in a private capacity is not greater than that accruing to any other member of the general business, profession, occupation or group. The presumption set forth in this subsection does not affect the applicability of the requirements set forth in subsection [3] 4 relating to the disclosure of the pecuniary interest or commitment in a private capacity to the interests of others.
3. In a county whose population is 400,000 or more, a member of a county or city planning commission shall not vote upon or advocate the passage or failure of, but may otherwise participate in the consideration of a matter with respect to which the independence of judgment of a reasonable person in his situation would be materially affected by:
(a) His acceptance of a gift or loan;
(b) His direct pecuniary interest; or
(c) His commitment to a member of his household or a person who is related to him by blood, adoption or marriage within the third degree of consanguinity or affinity.
It must be presumed that the independence of judgment of a reasonable person would not be materially affected by his direct pecuniary interest or his commitment described in paragraph (c) where the resulting benefit or detriment accruing to him or to the other persons whose interests to which the member is committed is not greater than that accruing to any other member of the general business, profession, occupation or group. The presumption set forth in this subsection does not affect the applicability of the requirements set forth in subsection 4 relating to the disclosure of the direct pecuniary interest or commitment.
4. A public officer or employee shall not approve, disapprove, vote, abstain from voting or otherwise act upon any matter:
(a) Regarding which he has accepted a gift or loan;
(b) Which would reasonably be affected by his commitment in a private capacity to the interest of others; or
(c) In which he has a pecuniary interest,
without disclosing sufficient information concerning the gift, loan, commitment or interest to inform the public of the potential effect of the action or abstention upon the person who provided the gift or loan, upon the person to whom he has a commitment, or upon his interest. Except as otherwise provided in subsection [6,] 7, such a disclosure must be made at the time the matter is considered.
κ2003 Statutes of Nevada, Page 1737 (CHAPTER 314, AB 291)κ
the time the matter is considered. If the officer or employee is a member of a body which makes decisions, he shall make the disclosure in public to the Chairman and other members of the body. If the officer or employee is not a member of such a body and holds an appointive office, he shall make the disclosure to the supervisory head of his organization or, if he holds an elective office, to the general public in the area from which he is elected. This subsection does not require a public officer to disclose any campaign contributions that the public officer reported pursuant to NRS 294A.120 or 294A.125 in a timely manner.
[4.] 5. If a public officer declares to the body or committee in which the vote is to be taken that he will abstain from voting because of the requirements of this section, the necessary quorum to act upon and the number of votes necessary to act upon the matter, as fixed by any statute, ordinance or rule, is reduced as though the member abstaining were not a member of the body or committee.
[5.] 6. If a public officer is voting on a matter which affects public employees, he shall make a full public disclosure of any personal pecuniary interest which he may have in the matter.
[6.] 7. After a member of the Legislature makes a disclosure pursuant to subsection [3,] 4, he may file with the Director of the Legislative Counsel Bureau a written statement of his disclosure. The written statement must designate the matter to which the disclosure applies. After a Legislator files a written statement pursuant to this subsection, he is not required to disclose orally his interest when the matter is further considered by the Legislature or any committee thereof. A written statement of disclosure is a public record and must be made available for inspection by the public during the regular office hours of the Legislative Counsel Bureau.
[7.] 8. The provisions of this section do not, under any circumstances:
(a) Prohibit a member of the legislative branch from requesting or introducing a legislative measure; or
(b) Require a member of the legislative branch to take any particular action before or while requesting or introducing a legislative measure.
[8.] 9. As used in this section, commitment in a private capacity to the interests of others means a commitment to a person:
(a) Who is a member of his household;
(b) Who is related to him by blood, adoption or marriage within the third degree of consanguinity or affinity;
(c) Who employs him or a member of his household;
(d) With whom he has a substantial and continuing business relationship; or
(e) Any other commitment or relationship that is substantially similar to a commitment or relationship described in this subsection.
________
κ2003 Statutes of Nevada, Page 1738κ
Assembly Bill No. 390Assemblymen Parks, Manendo, Arberry, Buckley, Chowning, Goldwater, Griffin, Horne, Leslie, McClain, McCleary and Pierce (by request)
CHAPTER 315
AN ACT relating to real property; prohibiting a governing body from requiring an owner of property to maintain, reconstruct or repair a sidewalk in a public right-of-way that abuts his property except in certain circumstances; providing certain limitations on the civil liability of an owner of property with respect to such sidewalks; and providing other matters properly relating thereto.
[Approved: May 29, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 278 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 2, a governing body shall not require an owner of property to maintain, reconstruct or repair a sidewalk in a public right-of-way that abuts his property.
2. The provisions of subsection 1 do not prohibit a governing body from:
(a) Imposing an assessment or other charge authorized by law for any reconstruction or repair of a sidewalk that the governing body causes to be performed within a public right-of-way;
(b) Requiring any reconstruction or repair of a sidewalk as a condition of approval for a change in the use of the land;
(c) Requiring an owner of property to maintain a sidewalk in a public right-of-way that abuts his property if the sidewalk was constructed pursuant to standards that exceed the general standards of the governing body for sidewalks; or
(d) Requiring, by ordinance, owners of property to be responsible for:
(1) The repair and reconstruction of a sidewalk in the public right-of-way that abuts the property of the owner if the owner caused the need for such repair or reconstruction.
(2) The general maintenance of a sidewalk in the public right-of-way that abuts the property of the owner, including, without limitation, sweeping, removal of snow, ice and weeds, and maintenance of any grass, shrubs or trees that encroach on the sidewalk.
Sec. 2. NRS 278.010 is hereby amended to read as follows:
278.010 As used in NRS 278.010 to 278.630, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 278.0105 to 278.0195, inclusive, have the meanings ascribed to them in those sections.
Sec. 3. Chapter 41 of NRS is hereby amended by adding thereto a new section to read as follows:
No person who owns property is liable in a civil action for any injury or damage that occurs as a result of the use of a sidewalk in a public right-of-way that abuts his property, unless he:
κ2003 Statutes of Nevada, Page 1739 (CHAPTER 315, AB 390)κ
1. Failed to comply with an ordinance adopted pursuant to paragraph (d) of subsection 2 of section 1 of this act; or
2. Created a dangerous condition that caused the injury or damage.
Sec. 4. This act becomes effective upon passage and approval.
________
Assembly Bill No. 451Committee on Commerce and Labor
CHAPTER 316
AN ACT relating to occupational diseases; clarifying provisions governing compensation for certain firemen who develop disabling cancer as an occupational disease; and providing other matters properly relating thereto.
[Approved: May 29, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 617.453 is hereby amended to read as follows:
617.453 1. Notwithstanding any other provision of this chapter, cancer, resulting in either temporary or permanent disability, or death, is an occupational disease and compensable as such under the provisions of this chapter if:
(a) The cancer develops or manifests itself out of and in the course of the employment of a person who, for 5 years or more, has been:
(1) Employed in this state in a full-time salaried occupation of fire fighting for the benefit or safety of the public; or
(2) Acting as a volunteer fireman in this state and is entitled to the benefits of chapters 616A to 616D, inclusive, of NRS pursuant to the provisions of NRS 616A.145; and
(b) It is demonstrated that:
(1) He was exposed, while in the course of the employment, to a known carcinogen as defined by the International Agency for Research on Cancer or the National Toxicology Program; and
(2) The carcinogen is reasonably associated with the disabling cancer.
2. With respect to a person who, for 5 years or more, has been employed in this state in a full-time salaried occupation of fire fighting for the benefit or safety of the public, the following substances shall be deemed, for the purposes of paragraph (b) of subsection 1, to be known carcinogens that are reasonably associated with the following disabling cancers:
(a) Diesel exhaust, formaldehyde and polycyclic aromatic hydrocarbon shall be deemed to be known carcinogens that are reasonably associated with bladder cancer.
(b) Acrylonitrile, formaldehyde and vinyl chloride shall be deemed to be known carcinogens that are reasonably associated with brain cancer.
(c) Diesel exhaust and formaldehyde shall be deemed to be known carcinogens that are reasonably associated with colon cancer.
κ2003 Statutes of Nevada, Page 1740 (CHAPTER 316, AB 451)κ
(d) Formaldehyde shall be deemed to be a known carcinogen that is reasonably associated with Hodgkins lymphoma.
(e) Formaldehyde and polycyclic aromatic hydrocarbon shall be deemed to be known carcinogens that are reasonably associated with kidney cancer.
(f) Chloroform, soot and vinyl chloride shall be deemed to be known carcinogens that are reasonably associated with liver cancer.
(g) Acrylonitrile, benzene, formaldehyde, polycyclic aromatic hydrocarbon, soot and vinyl chloride shall be deemed to be known carcinogens that are reasonably associated with lymphatic or haemotopoietic cancer.
3. The provisions of subsection 2 do not create an exclusive list and do not preclude any person from demonstrating, on a case-by-case basis for the purposes of paragraph (b) of subsection 1, that a substance is a known carcinogen that is reasonably associated with a disabling cancer.
4. Compensation awarded to the employee or his dependents for disabling cancer pursuant to [subsection 1] this section must include:
(a) Full reimbursement for related expenses incurred for medical treatments, surgery and hospitalization [;] in accordance with the schedule of fees and charges established pursuant to NRS 616C.260 or, if the insurer has contracted with an organization for managed care or with providers of health care pursuant to NRS 616B.527, the amount that is allowed for the treatment or other services under that contract; and
(b) The compensation provided in chapters 616A to 616D, inclusive, of NRS for the disability or death.
[3.] 5. Disabling cancer is presumed to have developed or manifested itself out of and in the course of the employment of any fireman described in this section. This rebuttable presumption applies to disabling cancer diagnosed after the termination of the persons employment if the diagnosis occurs within a period, not to exceed 60 months, which begins with the last date the employee actually worked in the qualifying capacity and extends for a period calculated by multiplying 3 months by the number of full years of his employment. This rebuttable presumption must control the awarding of benefits pursuant to this section unless evidence to [dispute] rebut the presumption is presented.
6. The provisions of this section do not create a conclusive presumption.
________
κ2003 Statutes of Nevada, Page 1741κ
Assembly Bill No. 458Committee on Government Affairs
CHAPTER 317
AN ACT relating to public works; requiring the payment of overtime to mechanics and workmen employed on public works under certain circumstances; clarifying the authority of the Labor Commissioner to enforce that requirement; and providing other matters properly relating thereto.
[Approved: May 29, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 338.020 is hereby amended to read as follows:
338.020 1. Every contract to which a public body of this state is a party, requiring the employment of skilled mechanics, skilled workmen, semiskilled mechanics, semiskilled workmen or unskilled labor in the performance of public work, must contain in express terms the hourly and daily rate of wages to be paid each of the classes of mechanics and workmen. The hourly and daily rate of wages must:
(a) Not be less than the rate of such wages then prevailing in the county in which the public work is located, which prevailing rate of wages must have been determined in the manner provided in NRS 338.030; and
(b) Be posted on the site of the public work in a place generally visible to the workmen.
2. When public work is performed by day labor, the prevailing wage for each class of mechanics and workmen so employed applies and must be stated clearly to such mechanics and workmen when employed.
3. Except as otherwise provided in subsection 4, a contractor or subcontractor shall pay to a mechanic or workman employed by the contractor or subcontractor on the public work not less than one and one-half times the prevailing rate of wages applicable to the class of the mechanic or workman whenever the mechanic or workman works:
(a) More than 40 hours in any scheduled week of work; or
(b) More than 8 hours in any workday unless by mutual agreement the mechanic or workman works a scheduled 10 hours per day for 4 calendar days within any scheduled week of work.
4. The provisions of subsection 3 do not apply to a mechanic or workman who is covered by a collective bargaining agreement that provides for the payment of wages at not less than one and one-half times the rate of wages set forth in the collective bargaining agreement for work in excess of:
(a) Forty hours in any scheduled week of work; or
(b) Eight hours in any workday unless the collective bargaining agreement provides that the mechanic or workman shall work a scheduled 10 hours per day for 4 calendar days within any scheduled week of work.
5. The prevailing wage [so] and any wages paid for overtime pursuant to subsection 3 or 4 to each class of mechanics or workmen must be in accordance with the jurisdictional classes recognized in the locality where the work is performed.
κ2003 Statutes of Nevada, Page 1742 (CHAPTER 317, AB 458)κ
accordance with the jurisdictional classes recognized in the locality where the work is performed.
[4.] 6. Nothing in this section prevents an employer who is signatory to a collective bargaining agreement from assigning such work in accordance with established practice.
Sec. 2. NRS 608.018 is hereby amended to read as follows:
608.018 1. Except as otherwise provided in [subsection 2,] this section, an employer shall pay one and one-half times an employees regular wage rate whenever an employee works:
(a) More than 40 hours in any scheduled week of work; or
(b) More than 8 hours in any workday unless by mutual agreement the employee works a scheduled 10 hours per day for 4 calendar days within any scheduled week of work.
2. The provisions of subsection 1 do not apply to:
(a) Employees who are not covered by the minimum wage provisions of NRS 608.250;
(b) Employees who receive compensation for employment at a rate not less than one and one-half times the minimum rate prescribed pursuant to NRS 608.250;
(c) Outside buyers;
(d) Salesmen earning commissions in a retail business if their regular rate is more than one and one-half times the minimum wage, and more than one-half their compensation comes from commissions;
(e) Employees who are employed in bona fide executive, administrative or professional capacities;
(f) Employees covered by collective bargaining agreements which provide otherwise for overtime;
(g) Drivers, drivers helpers, loaders and mechanics for motor carriers subject to the Motor Carrier Act of 1935, as amended;
(h) Employees of a railroad;
(i) Employees of a carrier by air;
(j) Drivers or drivers helpers making local deliveries and paid on a trip-rate basis or other delivery payment plan;
(k) Drivers of taxicabs or limousines;
(l) Agricultural employees;
(m) Employees of business enterprises having a gross sales volume of less than $250,000 per year; and
(n) Any salesman or mechanic primarily engaged in selling or servicing automobiles, trucks or farm equipment.
3. The provisions of this section do not apply to a mechanic or workman for any hours to which the provisions of subsection 3 or 4 of NRS 338.020 apply.
Sec. 3. This act becomes effective on July 1, 2003.
________
κ2003 Statutes of Nevada, Page 1743κ
Assembly Bill No. 396Assemblymen Williams, Manendo, Arberry, Giunchigliani, Koivisto, Anderson, Atkinson, Collins, Conklin, Goldwater, Grady, Horne, Leslie, McCleary, Oceguera, Parks, Perkins, Pierce and Sherer
CHAPTER 318
AN ACT relating to public schools; requiring the Clark County School District to continue its pilot program for the replacement of certain schools; authorizing the Clark County School District to use a certain amount of money from its Fund for Capital Projects to finance the replacement of schools designated for its pilot program; encouraging school districts throughout this state to use certain innovative designs and resources in reconstructing certain schools; and providing other matters properly relating thereto.
[Approved: May 29, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. The Board of Trustees of the Clark County School District shall continue the pilot program to replace schools initially established pursuant to section 3 of chapter 562, Statutes of Nevada 1999, at page 2947.
2. Notwithstanding the provisions of NRS 387.328 to the contrary, the Board of Trustees of the Clark County School District may use an amount not to exceed $230,000,000 from the Fund for Capital Projects created pursuant to NRS 387.328 to reconstruct at least 10 existing older schools, including, without limitation, inner city schools, within the School District. The Board of Trustees shall select the schools designated for reconstruction in accordance with the policy adopted pursuant to NRS 393.103 concerning the reconstruction of older buildings for schools or related facilities and any priorities for reconstruction set forth in that policy. The schools selected must include elementary schools, at least one middle school or junior high school and at least one high school. The Board of Trustees, upon designating the schools to be reconstructed, shall with all deliberate speed commence the reconstruction of the designated schools with a planned completion date of August 1, 2008.
3. On or before January 10, 2005, the Board of Trustees of the Clark County School District shall submit to the Director of the Legislative Counsel Bureau for transmission to the 73rd Session of the Nevada Legislature an interim report regarding the pilot program to replace schools. The report must include, without limitation, the progress of reconstruction of the designated schools.
Sec. 2. The Legislature hereby encourages:
1. The Clark County School District to continue to construct and reconstruct schools by using natural lighting (commonly referred to as daylighting), multiple stories for buildings when appropriate, solar and other renewable energy sources, and other innovative building designs and plans to provide an effective and ideal learning environment for pupils.
κ2003 Statutes of Nevada, Page 1744 (CHAPTER 318, AB 396)κ
2. The remaining school districts throughout this state to establish plans to reconstruct older schools, including, without limitation, inner city schools, by using daylighting, multiple stories when appropriate, solar and other renewable energy sources, and other innovative building designs and plans to provide an effective and ideal learning environment for pupils.
Sec. 3. This act becomes effective on July 1, 2003.
________
Assembly Bill No. 348Assemblyman Carpenter
CHAPTER 319
AN ACT relating to property taxes; revising the provisions governing the development of certain factors used in the determination of the taxable value of improvements to real property; and providing other matters properly relating thereto.
[Approved: May 29, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 361 of NRS is hereby amended by adding thereto a new section to read as follows:
The factors for improvements required by subsection 5 of NRS 361.260 must be adopted pursuant to the following procedure:
1. On or before February 1 of the year immediately preceding the year to which the factors will be applied, the Department shall provide the proposed factors to each county assessor.
2. On or before May 15 of the same year, each county assessor shall notify the Nevada Tax Commission that he either approves or objects to the proposed factors that are applicable to the county he represents.
3. If one or more of the county assessors notify the Nevada Tax Commission of an objection to the proposed factors that are applicable to the county they represent, the Nevada Tax Commission shall, at a regularly scheduled meeting of the Commission, hold a hearing on those proposed factors before the factors are adopted. At the hearing, the Nevada Tax Commission shall:
(a) Make every effort to reconcile the objection or objections of each county assessor; and
(b) Provide to those persons attending the hearing copies of any published reference manuals and the local indicators of the taxable value of improvements that were used by the Department to establish the proposed factors.
Sec. 2. NRS 361.260 is hereby amended to read as follows:
361.260 1. Each year, the county assessor, except as otherwise required by a particular statute, shall ascertain by diligent inquiry and examination all real and secured personal property that is in his county on July 1 which is subject to taxation, and also the names of all persons, corporations, associations, companies or firms owning the property. He shall then determine the taxable value of all such property, and he shall then list and assess it to the person, firm, corporation, association or company owning it on July 1 of that fiscal year.
κ2003 Statutes of Nevada, Page 1745 (CHAPTER 319, AB 348)κ
it on July 1 of that fiscal year. He shall take the same action at any time between May 1 and the following April 30, with respect to personal property which is to be placed on the unsecured tax roll.
2. At any time before the lien date for the following fiscal year, the county assessor may include additional personal property and mobile and manufactured homes on the secured tax roll if the owner of the personal property or mobile or manufactured home owns real property within the same taxing district which has an assessed value that is equal to or greater than the taxes for 3 years on both the real property and the personal property or mobile or manufactured home, plus penalties. Personal property and mobile and manufactured homes in the county on July 1, but not on the secured tax roll for the current year, must be placed on the unsecured tax roll for the current year.
3. An improvement on real property in existence on July 1 whose existence was not ascertained in time to be placed on the secured roll for that tax year and which is not governed by subsection 4 must be placed on the unsecured tax roll.
4. The value of any property apportioned among counties pursuant to NRS 361.320, 361.321 and 361.323 must be added to the central assessment roll at the assessed value established by the Nevada Tax Commission or as established pursuant to an appeal to the State Board of Equalization.
5. In addition to the inquiry and examination required in subsection 1, for any property not reappraised in the current assessment year, the county assessor shall determine its assessed value for that year by applying a factor for improvements, if any, and a factor for land to the assessed value for the preceding year. The factor for improvements must reasonably represent the change, if any, in the taxable value of typical improvements in the area since the preceding year, and must take into account all applicable depreciation and obsolescence. The factor for improvements must be adopted by the Nevada Tax Commission [.] in the manner required in section 1 of this act. The factor for land must be developed by the county assessor and approved by the Commission. The factor for land must be so chosen that the median ratio of the assessed value of the land to the taxable value of the land in each area subject to the factor is not less than 30 percent nor more than 35 percent.
6. The county assessor shall reappraise all real property at least once every 5 years.
7. The county assessor shall establish standards for appraising and reappraising land pursuant to this section. In establishing the standards, the county assessor shall consider comparable sales of land before July 1 of the year before the lien date.
8. Each county assessor shall submit a written request to the board of county commissioners and the governing body of each of the local governments located in the county which maintain a unit of government that issues building permits for a copy of each building permit that is issued. Upon receipt of such a request, the governing body shall direct the unit which issues the permits to provide a copy of each permit to the county assessor within a reasonable time after issuance.
Sec. 3. This act becomes effective on July 1, 2003.
________
κ2003 Statutes of Nevada, Page 1746κ
Assembly Bill No. 504Committee on Health and Human Services
CHAPTER 320
AN ACT relating to health care; requiring the Department of Human Resources to apply to the Federal Government to establish a program to extend coverage for prescription drugs and other related services for certain persons; making various changes concerning the allocation of the money in the Fund for a Healthy Nevada; and providing other matters properly relating thereto.
[Approved: May 29, 2003]
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 and 3 of this act.
Sec. 2. 1. The Director shall apply to the Federal Government for a Medicaid waiver to extend coverage for prescription drugs and other related services to persons 65 years of age or older who are not eligible for pharmacy benefits pursuant to Medicaid and whose incomes are not more than 200 percent of the federally designated level signifying poverty.
2. The Director shall fully cooperate in good faith with the Federal Government during the application process to satisfy the requirements of the Federal Government for obtaining a Medicaid waiver pursuant to this section, including, without limitation:
(a) Providing any necessary information requested by the Federal Government in a timely manner;
(b) Responding promptly and thoroughly to any questions or concerns of the Federal Government concerning the application; and
(c) Working with the Federal Government to amend any necessary provisions of the application to satisfy the requirements for approval of the application.
3. The Director may:
(a) Administer a program established pursuant to this section through the Division of Health Care Financing and Policy; or
(b) Hire a pharmacy benefits manager by contract to administer a program established pursuant to this section.
4. Not more than 10 percent of the money received by the Department to implement a program established pursuant to this section may be used for administrative expenses or other indirect costs.
5. The Director shall submit a quarterly report concerning a program established pursuant to this section to the Interim Finance Committee and the Legislative Committee on Health Care.
Sec. 3. 1. Except as otherwise provided in this subsection, the Director may apply to the Federal Government for a Medicaid waiver to extend coverage for prescription drugs and other related services to persons with disabilities who have been determined to be eligible for disability benefits from the federal social security system, who are not eligible for pharmacy benefits pursuant to Medicaid and whose incomes are not more than 200 percent of the federally designated level signifying poverty.
κ2003 Statutes of Nevada, Page 1747 (CHAPTER 320, AB 504)κ
are not more than 200 percent of the federally designated level signifying poverty. The Director shall not apply for a waiver pursuant to this subsection unless the Director and the Interim Finance Committee have determined that sufficient funds are available in this state to implement the waiver.
2. If the Federal Government approves a Medicaid waiver which the Director applied for pursuant to subsection 1, the Director shall adopt regulations to implement the waiver and establish a program in accordance with the waiver, including, without limitation, regulations setting forth criteria of eligibility, the services covered by the program, the amount of any copayment for which a person who receives services pursuant to the program is responsible and any limitation on the number of persons who may receive services pursuant to the program.
3. The Director may:
(a) Administer a program established pursuant to this section through the Division of Health Care Financing and Policy; or
(b) Hire a pharmacy benefits manager by contract to administer a program established pursuant to this section.
4. Not more than 10 percent of the money received by the Department to implement a program established pursuant to this section may be used for administrative expenses or other indirect costs.
5. The Director shall submit a quarterly report concerning:
(a) The progress of the Director toward applying for a waiver pursuant to subsection 1 and establishing a program in accordance with such a waiver that has been approved by the Federal Government; and
(b) Any program established pursuant to this section,
to the Interim Finance Committee and the Legislative Committee on Health Care.
Sec. 4. NRS 422.240 is hereby amended to read as follows:
422.240 1. Money to carry out the provisions of NRS 422.001 to 422.410, inclusive, and sections 2 and 3 of this act, and 422.580, including, without limitation, any federal money allotted to the State of Nevada pursuant to the program to provide Temporary Assistance for Needy Families and the Program for Child Care and Development, must , except as otherwise provided in NRS 439.630, be provided by appropriation by the Legislature from the State General Fund.
2. Disbursements for the purposes of NRS 422.001 to 422.410, inclusive, and sections 2 and 3 of this act, and 422.580 must , except as otherwise provided in NRS 439.630, be made upon claims duly filed, audited and allowed in the same manner as other money in the State Treasury is disbursed.
Sec. 5. NRS 218.6827 is hereby amended to read as follows:
218.6827 1. Except as otherwise provided in subsections 2 and 3, the Interim Finance Committee may exercise the powers conferred upon it by law only when the Legislature is not in regular or special session.
2. During a regular session, the Interim Finance Committee may also perform the duties imposed on it by subsection 5 of NRS 284.115, subsection 2 of NRS 321.335, NRS 322.007, subsection 2 of NRS 323.020, NRS 323.050, subsection 1 of NRS 323.100, NRS 353.220, 353.224, 353.2705 to 353.2771, inclusive, and 353.335, paragraph (b) of subsection 4 of NRS 407.0762 and NRS 428.375, 439.620, 439.630, 445B.830 and 538.650 [.] and subsection 1 of section 3 of this act. In performing those duties, the Senate Standing Committee on Finance and the Assembly Standing Committee on Ways and Means may meet separately and transmit the results of their respective votes to the Chairman of the Interim Finance Committee to determine the action of the Interim Finance Committee as a whole.
κ2003 Statutes of Nevada, Page 1748 (CHAPTER 320, AB 504)κ
Senate Standing Committee on Finance and the Assembly Standing Committee on Ways and Means may meet separately and transmit the results of their respective votes to the Chairman of the Interim Finance Committee to determine the action of the Interim Finance Committee as a whole.
3. During a regular or special session, the Interim Finance Committee may exercise the powers and duties conferred upon it pursuant to the provisions of NRS 353.2705 to 353.2771, inclusive.
4. If the Interim Finance Committee determines that a fundamental review of the base budget of a state agency is necessary, it shall, by resolution, notify the Legislative Commission of that finding for assignment of the review to a legislative committee for the fundamental review of the base budgets of state agencies established pursuant to NRS 218.5382.
Sec. 6. NRS 439.620 is hereby amended to read as follows:
439.620 1. The Fund for a Healthy Nevada is hereby created in the State Treasury. The State Treasurer shall deposit in the Fund:
(a) Fifty percent of all money received by this state pursuant to any settlement entered into by the State of Nevada and a manufacturer of tobacco products; and
(b) Fifty percent of all money recovered by this state from a judgment in a civil action against a manufacturer of tobacco products.
2. The State Treasurer shall administer the Fund. As administrator of the Fund, the State Treasurer:
(a) Shall maintain the financial records of the Fund;
(b) Shall invest the money in the Fund as the money in other state funds is invested;
(c) Shall manage any account associated with the Fund;
(d) Shall maintain any instruments that evidence investments made with the money in the Fund;
(e) May contract with vendors for any good or service that is necessary to carry out the provisions of this section; and
(f) May perform any other duties necessary to administer the Fund.
3. The interest and income earned on the money in the Fund must, after deducting any applicable charges, be credited to the Fund. All claims against the Fund must be paid as other claims against the State are paid.
4. Upon receiving a request from the State Treasurer or the Department for an allocation for administrative expenses from the Fund pursuant to this section, the Task Force for the Fund for a Healthy Nevada shall consider the request within 45 days after receipt of the request. If the Task Force approves the amount requested for allocation, the Task Force shall notify the State Treasurer of the allocation. If the Task Force does not approve the requested allocation within 45 days after receipt of the request, the State Treasurer or the Department, as applicable, may submit its request for allocation to the Interim Finance Committee. Except as otherwise limited by this subsection, the Interim Finance Committee may allocate all or part of the money so requested. The annual allocation for administrative expenses from the Fund, whether allocated by the Task Force or the Interim Finance Committee must not exceed:
(a) Not more than 2 percent of the money in the Fund, as calculated pursuant to this subsection, each year to pay the costs incurred by the State Treasurer to administer the Fund; and
(b) Not more than 3 percent of the money in the Fund, as calculated pursuant to this subsection, each year to pay the costs incurred by the Department, including, without limitation, the Aging Services Division of the Department, to carry out its duties set forth in NRS 439.625 to 439.690, inclusive.
κ2003 Statutes of Nevada, Page 1749 (CHAPTER 320, AB 504)κ
Department, including, without limitation, the Aging Services Division of the Department, to carry out its duties set forth in NRS 439.625 to 439.690, inclusive.
For the purposes of this subsection, the amount of money available for allocation to pay for the administrative costs must be calculated at the beginning of each fiscal year based on the total amount of money anticipated by the State Treasurer to be deposited in the Fund during that fiscal year.
5. The money in the Fund remains in the Fund and does not revert to the State General Fund at the end of any fiscal year.
6. All money that is deposited or paid into the Fund is hereby appropriated to the Department and, except as otherwise provided in paragraphs (c) , [and] (d) and (h) of subsection 1 of NRS 439.630, may only be expended pursuant to an allocation made by the Task Force for the Fund for a Healthy Nevada. Money expended from the Fund for a Healthy Nevada must not be used to supplant existing methods of funding that are available to public agencies.
Sec. 7. NRS 439.630 is hereby amended to read as follows:
439.630 1. The Task Force for the Fund for a Healthy Nevada shall:
(a) Conduct public hearings to accept public testimony from a wide variety of sources and perspectives regarding existing or proposed programs that:
(1) Promote public health;
(2) Improve health services for children, senior citizens and persons with disabilities;
(3) Reduce or prevent the use of tobacco;
(4) Reduce or prevent the abuse of and addiction to alcohol and drugs; and
(5) Offer other general or specific information on health care in this state.
(b) Establish a process to evaluate the health and health needs of the residents of this state and a system to rank the health problems of the residents of this state, including, without limitation, the specific health problems that are endemic to urban and rural communities.
(c) Reserve not more than 30 percent of all revenues deposited in the Fund for a Healthy Nevada each year for direct expenditure by the Department to pay for prescription drugs and pharmaceutical services for senior citizens pursuant to NRS 439.635 to 439.690, inclusive [.] , and to fund in whole or in part any program established pursuant to section 2 or 3 of this act. From the money reserved to the Department pursuant to this paragraph, the Department [shall] may subsidize all of the cost of policies of health insurance that provide coverage to senior citizens for prescription drugs and pharmaceutical services pursuant to NRS 439.635 to 439.690, inclusive [.] , and fund in whole or in part any program established pursuant to section 2 or 3 of this act. The Department shall consider recommendations from the Task Force for the Fund for a Healthy Nevada in carrying out the provisions of NRS 439.635 to 439.690, inclusive [.] , and administering any program established pursuant to section 2 or 3 of this act. The Department shall submit a quarterly report to the Governor, the Task Force for the Fund for a Healthy Nevada and the Interim Finance Committee regarding the general manner in which expenditures have been made pursuant to this paragraph and the status of the program.
κ2003 Statutes of Nevada, Page 1750 (CHAPTER 320, AB 504)κ
(d) Reserve not more than 30 percent of all revenues deposited in the Fund for a Healthy Nevada each year for allocation by the Aging Services Division of the Department in the form of grants for existing or new programs that assist senior citizens with independent living, including, without limitation, programs that provide:
(1) Respite care or relief of family caretakers;
(2) Transportation to new or existing services to assist senior citizens in living independently; and
(3) Care in the home which allows senior citizens to remain at home instead of in institutional care.
The Aging Services Division of the Department shall consider recommendations from the Task Force for the Fund for a Healthy Nevada concerning the independent living needs of senior citizens.
(e) Allocate for expenditure not more than 20 percent of all revenues deposited in the Fund for a Healthy Nevada each year for programs that prevent, reduce or treat the use of tobacco and the consequences of the use of tobacco.
(f) Allocate for expenditure not more than [20] 10 percent of all revenues deposited in the Fund for a Healthy Nevada each year for programs that improve health services for children . [and]
(g) Allocate, by contract or grant, for expenditure not more than 7.5 percent of all revenues deposited in the Fund for a Healthy Nevada each year for programs that improve the health and well-being of persons with disabilities.
[(g)] In making allocations pursuant to this paragraph, the Task Force shall, to the extent practicable, allocate the money evenly among the following three types of programs:
(1) Programs that provide respite for persons caring for persons with disabilities;
(2) Programs that provide positive behavioral supports to persons with disabilities; and
(3) Programs that assist persons with disabilities to live safely and independently in their communities outside of an institutional setting.
(h) Reserve not more than 2.5 percent of all revenues deposited in the Fund for a Healthy Nevada each year for direct expenditure by the Department to fund in whole or in part any program established pursuant to section 3 of this act. The Department shall consider recommendations from the Task Force for the Fund for a Healthy Nevada in administering any program established pursuant to section 3 of this act.
(i) Maximize expenditures through local, federal and private matching contributions.
[(h)] (j) Ensure that any money expended from the Fund for a Healthy Nevada will not be used to supplant existing methods of funding that are available to public agencies.
[(i)] (k) Develop policies and procedures for the administration and distribution of grants and other expenditures to state agencies, political subdivisions of this state, nonprofit organizations, universities and community colleges. A condition of any such grant must be that not more than 8 percent of the grant may be used for administrative expenses or other indirect costs. The procedures must require at least one competitive round of requests for proposals per fiscal year.
κ2003 Statutes of Nevada, Page 1751 (CHAPTER 320, AB 504)κ
[(j)] (l) To make the allocations required by paragraphs (e) , (f) and [(f):] (g):
(1) Prioritize and quantify the needs for these programs;
(2) Develop, solicit and accept grant applications for allocations;
(3) Conduct annual evaluations of programs to which allocations have been awarded; and
(4) Submit annual reports concerning the programs to the Governor and the Interim Finance Committee.
[(k)] (m) Transmit a report of all findings, recommendations and expenditures to the Governor and each regular session of the Legislature.
2. The Task Force may take such other actions as are necessary to carry out its duties.
3. The Department shall take all actions necessary to ensure that all allocations for expenditures made by the Task Force are carried out as directed by the Task Force.
4. To make the allocations required by paragraph (d) of subsection 1, the Aging Services Division of the Department shall:
(a) Prioritize and quantify the needs of senior citizens for these programs;
(b) Develop, solicit and accept grant applications for allocations;
(c) As appropriate, expand or augment existing state programs for senior citizens upon approval of the Interim Finance Committee;
(d) Award grants or other allocations;
(e) Conduct annual evaluations of programs to which grants or other allocations have been awarded; and
(f) Submit annual reports concerning the grant program to the Governor and the Interim Finance Committee.
5. The Aging Services Division of the Department shall submit each proposed grant which would be used to expand or augment an existing state program to the Interim Finance Committee for approval before the grant is awarded. The request for approval must include a description of the proposed use of the money and the person or entity that would be authorized to expend the money. The Aging Services Division of the Department shall not expend or transfer any money allocated to the Aging Services Division pursuant to this section to subsidize any portion of the cost of policies of health insurance that provide coverage to senior citizens for prescription drugs and pharmaceutical services pursuant to NRS 439.635 to 439.690, inclusive [.] , or to pay for any program established pursuant to section 2 or 3 of this act.
6. The Department, on behalf of the Task Force, shall submit each allocation proposed pursuant to paragraph (e) [or (f)] , (f) or (g) of subsection 1 which would be used to expand or augment an existing state program to the Interim Finance Committee for approval before the grant is awarded. The request for approval must include a description of the proposed use of the money and the person or entity that would be authorized to expend the money.
Sec. 8. NRS 439.665 is hereby amended to read as follows:
439.665 1. The Department [shall] may enter into contracts with private insurers who transact health insurance in this state to arrange for the availability, at a reasonable cost, of policies of health insurance that provide coverage to senior citizens for prescription drugs and pharmaceutical services.
κ2003 Statutes of Nevada, Page 1752 (CHAPTER 320, AB 504)κ
2. Within the limits of the money available for this purpose in the Fund for a Healthy Nevada, a senior citizen who is not eligible for Medicaid and who [purchases] is issued a policy of health insurance that is made available pursuant to subsection 1 is entitled to an annual grant from the Trust Fund to subsidize the cost of that insurance, including premiums and deductibles, if he has been domiciled in this state for at least 1 year immediately preceding the date of his application and his household income is not over $21,500.
3. The subsidy granted pursuant to this section must not exceed the annual cost of insurance that provides coverage for prescription drugs and pharmaceutical services, including premiums and deductibles.
4. A policy of health insurance that is made available pursuant to subsection 1 must provide for:
(a) A copayment of not more than $10 per prescription drug or pharmaceutical service that is generic as set forth in the formulary of the insurer; and
(b) A copayment of not more than $25 per prescription drug or pharmaceutical service that is preferred as set forth in the formulary of the insurer.
5. The Department may waive the eligibility requirement set forth in subsection 2 regarding household income upon written request of the applicant if the circumstances of the applicants household have changed as a result of:
(a) Illness;
(b) Disability; or
(c) Extreme financial hardship based on a significant reduction of income, when considering the applicants current financial circumstances.
An applicant who requests such a waiver shall include with that request all medical and financial documents that support his request.
6. If the Federal Government provides any coverage of prescription drugs and pharmaceutical services for senior citizens who are eligible for a subsidy pursuant to subsections 1 to 5, inclusive, the Department may, upon approval of the Legislature, or the Interim Finance Committee if the Legislature is not in session, change any program established pursuant to NRS 439.635 to 439.690, inclusive, and otherwise provide assistance with prescription drugs and pharmaceutical services for senior citizens within the limits of the money available for this purpose in the Fund for a Healthy Nevada.
7. The provisions of subsections 1 to 5, inclusive, do not apply if the Department provides assistance with prescription drugs and pharmaceutical services for senior citizens pursuant to subsection 6.
Sec. 9. Any money allocated pursuant to subsection 1 of NRS 439.630 before July 1, 2004, for programs that improve the health and well-being of persons with disabilities that is unspent and is returned to the Department of Human Resources may be expended by the Department to fund any program established pursuant to section 3 of this act.
Sec. 10. 1. Except as otherwise provided in subsection 2, the provisions of this act become effective on October 1, 2003.
2. The amendatory provisions of section 7 of this act which require the Task Force for the Fund for a Healthy Nevada to allocate for expenditure not more than 10 percent of all revenues deposited in the Fund for a Healthy Nevada each year for programs that improve health services for children, to allocate for expenditure not more than 7.5 percent of all revenues deposited in the Fund each year for programs that improve the health and well-being of persons with disabilities, and to reserve not more than 2.5 percent of all revenues deposited in the Fund each year for direct expenditure by the Department of Human Resources to fund any program established pursuant to section 3 of this act become effective on July 1, 2004.
κ2003 Statutes of Nevada, Page 1753 (CHAPTER 320, AB 504)κ
allocate for expenditure not more than 7.5 percent of all revenues deposited in the Fund each year for programs that improve the health and well-being of persons with disabilities, and to reserve not more than 2.5 percent of all revenues deposited in the Fund each year for direct expenditure by the Department of Human Resources to fund any program established pursuant to section 3 of this act become effective on July 1, 2004.
________
Assembly Bill No. 160Assemblymen Buckley, Parks, Giunchigliani, Goldwater, Anderson, Arberry, Atkinson, Beers, Carpenter, Chowning, Christensen, Claborn, Collins, Conklin, Gibbons, Grady, Griffin, Horne, Koivisto, Leslie, Mabey, Manendo, McClain, McCleary, Mortenson, Oceguera, Ohrenschall, Perkins, Pierce, Sherer and Williams
CHAPTER 321
AN ACT relating to persons in need of protection; requiring a court to order an assignment of income in an extended order if the order includes an order for support of a child in certain circumstances; providing an additional manner of service of certain documents upon the adverse party under certain circumstances; authorizing a court to seal records and waive publication concerning a change of name when the person proves that his personal safety is at risk; providing for privileged communications between victims of domestic violence or sexual assault and their advocates; and providing other matters properly relating thereto.
[Approved: May 29, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 33 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. If a court issues an extended order which includes an order for the support of a minor child, the court shall order the adverse party to assign to the party who obtained the extended order that portion of the income of the adverse party which is due or to become due and is sufficient to pay the amount ordered by the court for the support, unless the court finds good cause for the postponement of the assignment. A finding of good cause must be based upon a written finding by the court that the immediate assignment of income would not be in the best interests of the child.
2. An assignment of income ordered pursuant to subsection 1 is subject to the provisions of chapters 31A and 125B of NRS.
3. The Welfare Division of the Department of Human Resources, in consultation with the Office of Court Administrator and other interested governmental entities, shall develop procedures and forms to allow a person to whom an assignment is ordered to be made to enforce the assignment in an expeditious and safe manner.
κ2003 Statutes of Nevada, Page 1754 (CHAPTER 321, AB 160)κ
Sec. 3. 1. If the current address where the adverse party resides is unknown and the law enforcement agency has made at least two attempts to personally serve the adverse party at his current place of employment, the law enforcement agency or a person designated by the law enforcement agency may serve the adverse party by:
(a) Delivering a copy of the application for an extended order, the notice of hearing thereon and a copy of the temporary order to the current place of employment of the adverse party; and
(b) Thereafter, mailing a copy of the application for an extended order, the notice of hearing thereon and a copy of the temporary order to the adverse party at his current place of employment.
2. Delivery pursuant to paragraph (a) of subsection 1 must be made by leaving a copy of the documents specified at the current place of employment of the adverse party with the manager of the department of human resources or another similar person. Such a person shall:
(a) Accept service of the documents and make a reasonable effort to deliver the documents to the adverse party;
(b) Identify another appropriate person who will accept service of the documents and who shall make a reasonable effort to deliver the documents to the adverse party; or
(c) Contact the adverse party and arrange for the adverse party to be present at the place of employment to accept service of the documents personally.
3. After delivering the documents to the place of employment of the adverse party, a copy of the documents must be mailed to the adverse party by first-class mail to the place of employment of the adverse party in care of the employer.
4. The adverse party shall be deemed to have been served 10 days after the date on which the documents are mailed to the adverse party.
5. Upon completion of service pursuant to this section, the law enforcement agency or the person designated by the law enforcement agency who served the adverse party in the manner set forth in this section shall file with or mail to the clerk of the court proof of service in this manner.
6. An employer is immune from civil liability for any act or omission with respect to accepting service of documents, delivering documents to the adverse party or contacting the adverse party and arranging for the adverse party to accept service of the documents personally pursuant to this section, if the employer acts in good faith with respect to accepting service of documents, delivering documents to the adverse party or contacting the adverse party and arranging for the adverse party to accept service of the documents personally.
Sec. 4. NRS 33.017 is hereby amended to read as follows:
33.017 As used in NRS 33.017 to 33.100, inclusive, and sections 2 and 3 of this act, unless the context otherwise requires:
1. Extended order means an extended order for protection against domestic violence.
2. Temporary order means a temporary order for protection against domestic violence.
Sec. 5. NRS 33.060 is hereby amended to read as follows:
33.060 1. The court shall transmit, by the end of the next business day after the order is issued, a copy of the temporary or extended order to the appropriate law enforcement agency which has jurisdiction over the residence, school, child care facility or other provider of child care, or place of employment of the applicant or the minor child.
κ2003 Statutes of Nevada, Page 1755 (CHAPTER 321, AB 160)κ
appropriate law enforcement agency which has jurisdiction over the residence, school, child care facility or other provider of child care, or place of employment of the applicant or the minor child.
2. The court shall order the appropriate law enforcement agency to serve, without charge, the adverse party personally with the temporary order and to file with or mail to the clerk of the court proof of service by the end of the next business day after service is made. Service of an application for an extended order and the notice of hearing thereon must be served upon the adverse party [pursuant] :
(a) Pursuant to the Nevada Rules of Civil Procedure [.] ; or
(b) In the manner provided in section 3 of this act.
3. A law enforcement agency shall enforce a temporary or extended order without regard to the county in which the order was issued.
4. The clerk of the court shall issue, without fee, a copy of the temporary or extended order to the applicant and the adverse party.
Sec. 6. NRS 41.280 is hereby amended to read as follows:
41.280 1. [Upon] Except as otherwise provided in subsection 2, upon the filing of the petition , the applicant shall make out and procure a notice [, which shall state] that must:
(a) State the fact of the filing of the petition, its object, his present name and the name which he desires to bear in the future [. The notice shall be] ; and
(b) Be published in some newspaper of general circulation in the county once a week for 3 successive weeks.
2. If the applicant submits proof satisfactory to the court that publication of the change of name would place his personal safety at risk, the court shall not require the applicant to comply with the provisions of subsection 1 and shall order the records concerning the petition and any proceedings concerning the petition to be sealed and to be opened for inspection only upon an order of the court for good cause shown or upon the request of the applicant.
Sec. 7. Chapter 49 of NRS is hereby amended by adding thereto the provisions set forth as sections 8 to 16, inclusive, of this act.
Sec. 8. As used in sections 8 to 16, inclusive, of this act, the words and terms defined in sections 9 to 12, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 9. Domestic violence means an act described in NRS 33.018.
Sec. 10. Sexual assault means a violation of NRS 200.366 or an attempt to violate or conspiracy to violate NRS 200.366.
Sec. 11. Victim means a person who alleges that an act of domestic violence or sexual assault has been committed against the person.
Sec. 12. Victims advocate means a person who works for a nonprofit program that provides assistance to victims with or without compensation and who has received at least 20 hours of relevant training.
Sec. 13. 1. A communication shall be deemed to be confidential if the communication is between a victim and a victims advocate and is not intended to be disclosed to third persons other than:
(a) A person who is present to further the interest of the victim;
(b) A person reasonably necessary for the transmission of the communication; or
κ2003 Statutes of Nevada, Page 1756 (CHAPTER 321, AB 160)κ
(c) A person who is participating in the advice, counseling or assistance of the victim, including, without limitation, a member of the victims family.
2. As used in this section, communication includes, without limitation, all records concerning the victim and the services provided to the victim which are within the possession of:
(a) The victims advocate; or
(b) The nonprofit program for whom the victims advocate works.
Sec. 14. Except as otherwise provided in section 16 of this act, a victim who seeks advice, counseling or assistance from a victims advocate has a privilege to refuse to disclose, and to prevent any other person from disclosing, confidential communications set forth in section 13 of this act.
Sec. 15. 1. The privilege provided pursuant to section 14 of this act may be claimed by:
(a) The victim;
(b) The guardian or conservator of the victim;
(c) The personal representative of a deceased victim; and
(d) The victims advocate, but only on behalf of the victim.
2. The authority of a victims advocate to claim the privilege is presumed in the absence of evidence to the contrary.
Sec. 16. There is no privilege pursuant to section 14 of this act if:
1. The purpose of the victim in seeking services from a victims advocate is to enable or aid any person to commit or plan to commit what the victim knows or reasonably should have known is a crime or fraud;
2. The communication concerns a report of abuse or neglect of a child or older person in violation of NRS 200.508 or 200.5093, but only as to that portion of the communication;
3. The communication is relevant to an issue of breach of duty by the victims advocate to the victim or by the victim to the victims advocate; or
4. Disclosure of the communication is otherwise required by law.
Sec. 17. NRS 125B.240 is hereby amended to read as follows:
125B.240 The court shall not issue an order pursuant to NRS 125B.210, unless it finds the existence of one or more of the following conditions:
1. The obligor-parent is not receiving income which may be subject to an assignment or withholding pursuant to chapter 31A of NRS [,] or section 2 of this act, and there is reason to believe that he has income from some source which may be subject to an assignment.
2. An assignment or withholding of income pursuant to chapter 31A of NRS or section 2 of this act would not be sufficient to meet the obligation of the support of a child for reasons other than a change of circumstances which would qualify for a reduction in the amount of the support ordered.
3. The history of employment of the obligor-parent makes an assignment or withholding of income pursuant to chapter 31A of NRS or section 2 of this act difficult to enforce or not a practical means for securing the payment of the obligation of support. Such a history may be evidenced by such conditions as multiple, concurrent or consecutive employers.
Sec. 18. NRS 608.1576 is hereby amended to read as follows:
608.1576 If an employer provides benefits for health care to his employees and the benefits include coverage of the employees family, the employer shall:
1. Permit an employee who is required by the order of a court or administrative tribunal to provide health coverage for his child to enroll the child for coverage as a member of his family without regard to a restriction on periods of enrollment applicable to the employee.
κ2003 Statutes of Nevada, Page 1757 (CHAPTER 321, AB 160)κ
child for coverage as a member of his family without regard to a restriction on periods of enrollment applicable to the employee.
2. If the parent so required is enrolled for coverage but does not apply to enroll the child, permit the childs other parent or the Welfare Division of the Department of Human Resources to enroll the child.
3. Not terminate the enrollment of the child in that coverage or otherwise eliminate that coverage of the child unless the insurer has written proof that:
(a) The order for medical coverage is no longer in effect; or
(b) The child is or will be enrolled in comparable coverage through another insurer on or before the effective date of the termination of enrollment or elimination of coverage.
4. Withhold from the employees wages, and pay to the insurer if the employer is not self-insured, the employees share, if any, of the cost of the coverage provided for the child but not more than the amount of withholding for insurance permitted by federal law or regulation.
The purpose of this section is to ensure that children are promptly enrolled in a program of health insurance provided by the responsible parent and that the health insurance is maintained. The remedies provided in this section are cumulative and in addition to any other remedy provided by law to the extent they are not inconsistent with the provisions of chapters 31A, 125B, 130 and 425 of NRS [.] and section 2 of this act.
________
Assembly Bill No. 365Assemblymen Buckley, Horne, Conklin, Ohrenschall, Anderson, Carpenter, Claborn, Mortenson and Oceguera (by request)
CHAPTER 322
AN ACT relating to guardianship; making various changes to provisions regarding guardianship; providing penalties; and providing other matters properly relating thereto.
[Approved: May 29, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 159 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 47.5, inclusive, of this act.
Sec. 2. 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. 3. 1. If the court has reason to believe that guardianship proceedings may be pending in another state concerning a ward or proposed ward, the court may order communication with the court in the other state:
(a) To determine the involvement or interest of each jurisdiction;
(b) To promote cooperation, expand the exchange of information and provide any other form of assistance; and
κ2003 Statutes of Nevada, Page 1758 (CHAPTER 322, AB 365)κ
(c) To determine the appropriate jurisdiction for the proceedings.
2. As used in this section, guardianship includes, without limitation, a conservatorship.
Sec. 4. 1. On or after the date of the filing of a petition to appoint a guardian:
(a) The court may appoint a person to represent the ward or proposed ward as a guardian ad litem; and
(b) The guardian ad litem must represent the ward or proposed ward as a guardian ad litem until relieved of that duty by court order.
2. Upon the appointment of the guardian ad litem, the court shall set forth in the order of appointment the duties of the guardian ad litem.
3. The guardian ad litem is entitled to reasonable compensation from the estate of the ward or proposed ward. If the court finds that a person has unnecessarily or unreasonably caused the appointment of a guardian ad litem, the court may order the person to pay to the estate of the ward or proposed ward all or part of the expenses associated with the appointment of the guardian ad litem.
Sec. 5. 1. Except as otherwise provided in subsection 2, the guardian of an estate shall cause an appraisal or valuation of any asset of a guardianship estate to be conducted by a disinterested appraiser, certified public accountant or expert in valuation and file the appraisal or valuation with the court.
2. In lieu of an appraisal, the guardian may file:
(a) A verified record of value of an asset where the value of the asset can be determined with reasonable certainty, including, without limitation:
(1) Money, deposits in banks, bonds, policies of life insurance or securities for money, when equal in value to cash; and
(2) Personal property, including, without limitation, household goods, if the combined value of the personal property does not exceed $5,000.
(b) A statement of the assessed value of real property as determined by the county assessor for tax purposes, except that if the real property is to be sold, the guardian must file an appraisal.
Sec. 6. 1. Before appraising or valuing any asset of the guardianship estate, each appraiser, certified public accountant or expert in valuation shall certify that the appraiser, accountant or expert will truthfully, honestly and impartially appraise or value the property according to the best of his knowledge and ability. The certification must be included in the appraisal or valuation and filed with the court.
2. The appraisal or valuation must list each asset that has a value of more than $100 separately with a statement of the value of the asset opposite the asset.
3. An appraiser, certified public accountant or expert in valuation who performs an appraisal or valuation of a guardianship estate is entitled to reasonable compensation for the appraisal or valuation and may be paid by the guardian out of the estate at any time after the appraisal or valuation is completed.
4. An appraiser, certified public accountant or expert in valuation who directly or indirectly purchases any asset of an estate 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, and the asset sold may be recovered by the guardian, ward or proposed ward.
κ2003 Statutes of Nevada, Page 1759 (CHAPTER 322, AB 365)κ
Sec. 7. 1. If a guardian, interested person, ward or proposed ward petitions the court upon oath alleging:
(a) That a person has or is suspected to have concealed, converted to his own use, conveyed away or otherwise disposed of any money, good, chattel or effect of the ward; or
(b) That the person has in his possession or knowledge any deed, conveyance, bond, contract or other writing which contains evidence of, or tends to disclose the right, title or interest of the ward or proposed ward in or to, any real or personal property, or any claim or demand,
the judge may cause the person to be cited to appear before the district court to answer, upon oath, upon the matter of the petition.
2. If the person cited does not reside in the county where letters of guardianship have been issued pursuant to NRS 159.075, the person may be cited and examined before the district court of the county where the person resides, or before the court that issued the citation. Each party to the petition may produce witnesses, and such witnesses may be examined by either party.
Sec. 8. 1. If the court finds, after examination of a person cited pursuant to section 7 of this act, that the person has committed an act:
(a) Set forth in paragraph (a) of subsection 1 of section 7 of this act, the court may order the person to return the asset or the value of the asset to the guardian of the estate; or
(b) Set forth in paragraph (b) of subsection 1 of section 7 of this act, the court may order the person to return the asset or provide information concerning the location of the asset to the guardian of the estate.
2. The court may hold a person who is cited pursuant to section 7 of this act in contempt of court and deal with him accordingly if the person:
(a) Refuses to appear and submit to examination or to testify regarding the matter complained of in the petition; or
(b) Fails to comply with an order of the court issued pursuant to subsection 1.
3. An order of the court pursuant to subsection 1 is prima facie evidence of the right of the proposed ward or the estate of the ward to the asset described in the order in any action that may be brought for the recovery thereof, and any judgment recovered therein must be double the value of the asset, and damages in addition thereof equal to the value of such property.
4. If the person who is cited pursuant to section 7 of this act appears and, upon consideration of the petition, the court finds that the person is not liable or responsible to the estate of the ward or proposed ward, the court may order:
(a) The estate of the ward or proposed ward to pay the attorneys fees and costs of the respondent; or
(b) If the court finds that the petitioner unnecessarily or unreasonably filed the petition, the petitioner personally to pay the attorneys fees and costs of the respondent.
Sec. 9. If the guardian neglects or refuses to sell any real property of the estate when it is necessary or in the best interests of the ward, an interested person may petition the court for an order requiring the guardian to sell the property. The court shall set the petition for a hearing, and the petitioner shall serve notice on the guardian at least 10 days before the hearing.
κ2003 Statutes of Nevada, Page 1760 (CHAPTER 322, AB 365)κ
Sec. 10. If real property of the estate of a ward is sold that is subject to a mortgage or other lien which is a valid claim against the estate, the money from the sale must be applied in the following order:
1. To pay the necessary expenses of the sale.
2. To satisfy the mortgage or other lien, including, without limitation, payment of interest and any other lawful costs and charges. If the mortgagee or other lienholder cannot be found, the money from the sale may be paid as ordered by the court and the mortgage or other lien shall be deemed to be satisfied.
3. To the estate of the ward, unless the court orders otherwise.
Sec. 11. At a sale of real property that is subject to a mortgage or lien, the holder of the mortgage or lien may become the purchaser. The receipt for the amount owed to the holder from the proceeds of the sale is a payment pro tanto.
Sec. 12. 1. In the manner required by this chapter for the sale of like property, a guardian may sell:
(a) The equity of the estate in any real property that is subject to a mortgage or lien; and
(b) The property that is subject to the mortgage or lien.
2. If a claim has been filed upon the debt secured by the mortgage or lien, the court shall not confirm the sale unless the holder of the claim files a signed and acknowledged document which releases the estate from all liability upon the claim.
Sec. 13. 1. A guardian may enter into a written contract with any bona fide agent, broker or multiple agents or brokers to secure a purchaser for any real property of the estate. Such a contract may grant an exclusive right to sell the property to the agent, broker or multiple agents or brokers.
2. The guardian shall provide for the payment of a commission upon the sale of the real property which:
(a) Must be paid from the proceeds of the sale;
(b) Must be fixed in an amount not to exceed:
(1) Ten percent for unimproved real property; or
(2) Seven percent for improved real property; and
(c) Must be authorized by the court by confirmation of the sale.
3. Upon confirmation of the sale by the court, the contract for the sale becomes binding and enforceable against the estate.
4. A guardian may not be held personally liable and the estate is not liable for the payment of any commission set forth in a contract entered into with an agent or broker pursuant to this section until the sale is confirmed by the court, and then is liable only for the amount set forth in the contract.
Sec. 14. 1. When an offer to purchase real property of a guardianship estate is presented to the court for confirmation:
(a) Other persons may submit higher bids to the court; and
(b) The court may confirm the highest bid.
2. Upon confirmation of a sale of real property by the court, the commission for the sale must be divided between the listing agent or broker and the agent or broker who secured the purchaser to whom the sale was confirmed, if any, in accordance with the contract with the listing agent or broker.
κ2003 Statutes of Nevada, Page 1761 (CHAPTER 322, AB 365)κ
Sec. 15. 1. If a ward owns real property jointly with one or more other persons, the interest owned by the ward may be sold to one or more joint owners of the property only if:
(a) The guardian files a petition with the court to confirm the sale pursuant to NRS 159.134; and
(b) The court confirms the sale.
2. The court shall confirm the sale only if:
(a) The net amount of the proceeds from the sale to the estate of the ward is not less than 90 percent of the fair market value of the portion of the property to be sold; and
(b) Upon confirmation, the estate of the ward will be released from all liability for any mortgage or lien on the property.
Sec. 16. 1. Except as otherwise provided in this section and except for a sale pursuant to section 15 of this act, a guardian may sell the real property of a ward only after notice of the sale is published in:
(a) A newspaper that is published in the county in which the property, or some portion of the property, is located; or
(b) If a newspaper is not published in that county:
(1) In a newspaper of general circulation in the county; or
(2) In such other newspaper as the court orders.
2. Except as otherwise provided in this section and except for a sale of real property pursuant to section 15 of this act:
(a) The notice of a public auction for the sale of real property must be published not less than three times before the date of the sale, over a period of 14 days and 7 days apart.
(b) The notice of a private sale must be published not less than three times before the date on which offers will be accepted, over a period of 14 days and 7 days apart.
3. For good cause shown, the court may order fewer publications and shorten the time of notice, but must not shorten the time of notice to less than 8 days.
4. The court may waive the requirement of publication pursuant to this section if:
(a) The guardian is the sole devisee or heir of the estate; or
(b) All devisees or heirs of the estate consent to the waiver in writing.
5. Publication for the sale of real property is not required pursuant to this section if the property to be sold is reasonably believed to have a value of $5,000 or less. In lieu of publication, the guardian shall post notice of the sale in three of the most public places in the county in which the property, or some portion of the property, is located for at least 14 days before:
(a) The date of the sale at public auction; or
(b) The date on which offers will be accepted for a private sale.
6. Any notice published or posted pursuant to this section must include, without limitation:
(a) For a public auction:
(1) A description of the real property which reasonably identifies the property to be sold; and
(2) The date, time and location of the auction.
(b) For a private sale:
(1) A description of the real property which reasonably identifies the property to be sold; and
κ2003 Statutes of Nevada, Page 1762 (CHAPTER 322, AB 365)κ
(2) The date, time and location that offers will be accepted.
Sec. 17. 1. Except for a sale pursuant to section 15 of this act, a public auction for the sale of real property must be held:
(a) In the county in which the property is located or, if the real property is located in two or more counties, in either county;
(b) Between the hours of 9 a.m. and 5 p.m.; and
(c) On the date specified in the notice, unless the sale is postponed.
2. If, on or before the date and time set for the public auction, the guardian determines that the auction should be postponed:
(a) The auction may be postponed for not more than 3 months after the date first set for the auction; and
(b) Notice of the postponement must be given by a public declaration at the place first set for the sale on the date and time that was set for the sale.
Sec. 18. 1. Except for the sale of real property pursuant to section 15 of this act, a sale of real property of a guardianship estate at a private sale:
(a) Must not occur before the date stated in the notice.
(b) Except as otherwise provided in this paragraph, must not occur sooner than 14 days after the date of the first publication or posting of the notice. For good cause shown, the court may shorten the time in which the sale may occur to not sooner than 8 days after the date of the first publication or posting of the notice. If the court so orders, the notice of the sale and the sale may be made to correspond with the court order.
(c) Must occur not later than 1 year after the date stated in the notice.
2. The offers made in a private sale:
(a) Must be in writing; and
(b) May be delivered to the place designated in the notice or to the guardian at any time:
(1) After the date of the first publication or posting of the notice; and
(2) Before the date on which the sale is to occur.
Sec. 19. 1. Except as otherwise provided in subsection 2, the court shall not confirm a sale of real property of a guardianship estate at a private sale unless:
(a) The court is satisfied that the amount offered represents the fair market value of the property to be sold; and
(b) The real property has been appraised within 1 year before the date of the sale. If the real property has not been appraised within this period, a new appraisal must be conducted pursuant to sections 5 and 6 of this act at any time before the sale or confirmation by the court of the sale.
2. The court may waive the requirement of an appraisal and allow the guardian to rely on the assessed value of the real property for purposes of taxation in obtaining confirmation by the court of the sale.
Sec. 20. 1. At the hearing to confirm the sale of real property, the court shall:
(a) Consider whether the sale is necessary or in the best interest of the estate of the ward; and
(b) Examine the return on the investment and the evidence submitted in relation to the sale.
2. The court shall confirm the sale and order conveyances to be executed if it appears to the court that:
(a) Good reason existed for the sale;
κ2003 Statutes of Nevada, Page 1763 (CHAPTER 322, AB 365)κ
(b) The sale was conducted in a legal and fair manner;
(c) The amount of the offer or bid is not disproportionate to the value of the property; and
(d) It is unlikely that an offer or bid would be made which exceeds the original offer or bid:
(1) By at least 5 percent if the offer or bid is less than $100,000; or
(2) By at least $5,000 if the offer or bid is $100,000 or more.
3. The court shall not confirm the sale if the conditions in this section are not satisfied.
4. If the court does not confirm the sale, the court:
(a) May order a new sale;
(b) May conduct a public auction in open court; or
(c) May accept a written offer or bid from a responsible person and confirm the sale to the person if the written offer complies with the laws of this state and exceeds the original bid:
(1) By at least 5 percent if the bid is less than $100,000; or
(2) By at least $5,000 if the bid is $100,000 or more.
5. If the court does not confirm the sale and orders a new sale:
(a) Notice must be given in the manner set forth in section 16 of this act; and
(b) The sale must be conducted in all other respects as though no previous sale has taken place.
6. If a higher offer or bid is received by the court during the hearing to confirm the sale, the court may continue the hearing rather than accept the offer or bid as set forth in paragraph (c) of subsection 4 if the court determines that the person who made the original offer or bid was not notified of the hearing and that the person who made the original offer or bid may wish to increase his bid. This subsection does not grant a right to a person to have a continuance granted and may not be used as a ground to set aside an order confirming a sale.
Sec. 21. 1. If the court confirms a sale of real property of a guardianship estate, the guardian shall execute a conveyance of the property to the purchaser.
2. The conveyance must include a reference to the court order confirming the sale, and a certified copy of the court order must be recorded in the office of the recorder of the county in which the property, or any portion of the property, is located.
3. A conveyance conveys all the right, title and interest of the ward in the property on the date of the sale, and if, before the date of the sale, by operation of law or otherwise, the ward has acquired any right, title or interest in the property other than or in addition to that of the ward at the time of the sale, that right, title or interest also passes by the conveyance.
Sec. 22. 1. If a sale of real property is made upon credit, the guardian shall take:
(a) The note or notes of the purchaser for the unpaid portion of the sale; and
(b) A mortgage on the property to secure the payment of the notes.
2. The mortgage may contain a provision for release of any part of the property if the court approves the provision.
Sec. 23. 1. After confirmation of the sale of real property, if the purchaser neglects or refuses to comply with the terms of the sale, the court may set aside the order of confirmation and order the property to be resold:
κ2003 Statutes of Nevada, Page 1764 (CHAPTER 322, AB 365)κ
court may set aside the order of confirmation and order the property to be resold:
(a) On motion of the guardian; and
(b) After notice is given to the purchaser.
2. If the amount realized on the resale of the property is insufficient to cover the bid and the expenses of the previous sale, the original purchaser is liable to the estate of the ward for the deficiency.
Sec. 24. A guardian who fraudulently sells any real property of a ward in a manner inconsistent with the provisions of this chapter is liable for double the value of the property sold, as liquidated damages, to be recovered in an action by or on behalf of the ward.
Sec. 25. The periods of limitation prescribed in NRS 11.260 apply to all actions:
1. For the recovery of real property sold by a guardian in accordance with the provisions of this chapter; and
2. To set aside a sale of real property.
Sec. 26. 1. A guardian may sell perishable property and other personal property of the ward without notice, and title to the property passes without confirmation by the court if the property:
(a) Will depreciate in value if not disposed of promptly; or
(b) Will incur loss or expense by being kept.
2. The guardian is responsible for the actual value of the personal property unless the guardian obtains confirmation by the court of the sale.
Sec. 27. A guardian may sell any security of the ward if:
1. The guardian petitions the court for confirmation of the sale;
2. The clerk sets the date of the hearing;
3. The guardian gives notice in the manner required pursuant to section 43 of this act unless, for good cause shown, the court shortens the period within which notice must be given or dispenses with notice; and
4. The court confirms the sale.
Sec. 28. 1. Except as otherwise provided in sections 26 and 27 of this act, a guardian may sell the personal property of the ward only after notice of the sale is published in:
(a) A newspaper that is published in the county in which the property, or some portion of the property, is located; or
(b) If a newspaper is not published in that county:
(1) In a newspaper of general circulation in the county; or
(2) In such other newspaper as the court orders.
2. Except as otherwise provided in this section:
(a) The notice of a public sale must be published not less than three times before the date of the sale, over a period of 14 days and 7 days apart.
(b) The notice of a private sale must be published not less than three times before the date on which offers will be accepted, over a period of 14 days and 7 days apart.
3. For good cause shown, the court may order fewer publications and shorten the time of notice, but must not shorten the time of notice to less than 8 days.
4. The notice must include, without limitation:
(a) For a public sale:
(1) A description of the personal property to be sold; and
(2) The date, time and location of the sale.
(b) For a private sale:
κ2003 Statutes of Nevada, Page 1765 (CHAPTER 322, AB 365)κ
(1) A description of the personal property to be sold; and
(2) The date, time and location that offers will be accepted.
Sec. 29. 1. The guardian may sell the personal property of a ward by public sale at:
(a) The residence of the ward;
(b) The courthouse door; or
(c) Any other location designated by the guardian.
2. The guardian may sell the personal property by public sale only if the property is made available for inspection at the time of the sale, unless the court orders otherwise.
3. Personal property may be sold at a public or private sale for cash or upon credit.
Sec. 30. The following interests of the estate of the ward may be sold in the same manner as other personal property:
1. An interest in a partnership;
2. An interest in personal property that has been pledged to the ward; and
3. Choses in action.
Sec. 31. 1. To enter into an agreement to sell or to give an option to purchase a mining claim or real property worked as a mine which belongs to the estate of the ward, the guardian or an interested person shall file a petition with the court that:
(a) Describes the property or claim;
(b) States the terms and general conditions of the agreement;
(c) Shows any advantage that may accrue to the estate of the ward from entering into the agreement; and
(d) Requests confirmation by the court of the agreement.
2. The court shall set the date of the hearing on the petition.
3. The petitioner shall give notice in the manner provided in section 43 of this act.
Sec. 32. 1. At the time appointed and if the court finds that due notice of the hearing concerning an agreement has been given, the court shall hear a petition filed pursuant to section 31 of this act and any objection to the petition that is filed or presented.
2. After the hearing, if the court is satisfied that the agreement will be to the advantage of the estate of the ward, the court:
(a) Shall order the guardian to enter into the agreement; and
(b) May prescribe in the order the terms and conditions of the agreement.
3. A certified copy of the court order must be recorded in the office of the county recorder of each county in which the property affected by the agreement, or any portion of the property, is located.
Sec. 33. 1. If the court orders the guardian to enter into the agreement pursuant to section 32 of this act, the court shall order the guardian to provide an additional bond and specify the amount of the bond in the court order.
2. The guardian is not entitled to receive any of the proceeds from the agreement until the guardian provides the bond and the court approves the bond.
3. When the court order is entered, the guardian shall execute, acknowledge and deliver an agreement which:
(a) Contains the conditions specified in the court order;
κ2003 Statutes of Nevada, Page 1766 (CHAPTER 322, AB 365)κ
(b) States that the agreement or option is approved by court order; and
(c) Provides the date of the court order.
Sec. 34. 1. If the purchaser or option holder neglects or refuses to comply with the terms of the agreement approved by the court pursuant to section 28 of this act, the guardian may petition the court to cancel the agreement. The court shall cancel the agreement after notice is given to the purchaser or option holder.
2. The cancellation of an agreement pursuant to this section does not affect any liability created by the agreement.
Sec. 35. 1. If the purchaser or option holder complies with the terms of an agreement approved by the court pursuant to section 32 of this act and has made all payments according to the terms of the agreement, the guardian shall:
(a) Make a return to the court of the proceedings; and
(b) Petition the court for confirmation of the proceedings.
2. Notice must be given to the purchaser or option holder regarding the petition for confirmation.
3. The court:
(a) Shall hold a hearing regarding the petition for confirmation; and
(b) May order or deny confirmation of the proceedings and execution of the conveyances in the same manner and with the same effect as when the court orders or denies a confirmation of a sale of real property.
Sec. 36. 1. The following persons may petition the court to have a guardian removed:
(a) The ward;
(b) The spouse of the ward;
(c) Any relative who is within the second degree of consanguinity to the ward;
(d) A public guardian; or
(e) Any other interested person.
2. The petition must:
(a) State with particularity the reasons for removing the guardian; and
(b) Show cause for the removal.
3. If the court denies the petition for removal, the petitioner shall not file a subsequent petition unless a material change of circumstances warrants a subsequent petition.
4. If the court finds that the petitioner did not file a petition for removal in good faith or in furtherance of the best interests of the ward, the court may:
(a) Disallow the petitioner from petitioning the court for attorneys fees from the estate of the ward; and
(b) Impose sanctions on the petitioner in an amount sufficient to reimburse the estate of the ward for all or part of the expenses incurred by the estate of the ward in responding to the petition and for any other pecuniary losses which are associated with the petition.
Sec. 37. 1. If a petition to have a guardian removed is filed with the court, the court shall issue and serve a citation on the guardian and on all other interested persons.
2. The citation must require the guardian to appear and show cause why the court should not remove the guardian.
κ2003 Statutes of Nevada, Page 1767 (CHAPTER 322, AB 365)κ
3. If it appears that the ward or estate may suffer loss or injury during the time required for service of the citation on the guardian, on the courts own motion or on petition, the court may:
(a) Suspend the powers of the guardian by issuing a 30-day temporary restraining order or an injunction;
(b) Compel the guardian to surrender the ward to a temporary guardian for not more than 30 days; and
(c) Compel the guardian to surrender the assets of the estate to a temporary guardian or to the public guardian until the date set for the hearing.
Sec. 38. If a petition to remove a guardian is deemed sufficient and the guardian fails to appear before the court, the court may:
1. Hold the guardian in contempt of court.
2. Require the guardian to appear at a date and time set by the court.
3. Issue a bench warrant for the arrest and appearance of the guardian.
4. Find that the guardian caused harm to the ward or the estate of the ward and issue an order accordingly.
Sec. 39. 1. A guardian of the person, of the estate, or of the person and the estate, may file with the court a petition tendering the resignation of the guardian.
2. If the guardian files a petition to resign, the court shall serve notice upon any person entitled to notice pursuant to NRS 159.047.
Sec. 40. 1. Before the court approves the resignation of a guardian of the person and discharges the guardian, the court shall appoint a successor guardian.
2. If a ward has more than one guardian, the court may approve the resignation of one of the guardians if the remaining guardian or guardians are qualified to act alone.
Sec. 41. 1. Before the court approves the resignation of a guardian of the estate and discharges the guardian, the court shall require the guardian to submit, on the date set for the hearing, an accounting of the estate through the end of the term.
2. If the guardian fails to file such an accounting, the court may impose sanctions upon the guardian.
3. If an estate has more than one guardian, the court may accept the resignation of one of the guardians if the remaining guardian or guardians are qualified to act alone. The court may waive the requirement of filing the accounting if the remaining guardian or guardians are:
(a) Required to file the annual accounting, if applicable; and
(b) Responsible for any discrepancies in the accounting.
4. Upon approval of the accounting, if any is required, and appointment of a successor guardian, the court may approve the resignation of a guardian and order the discharge of his duties.
Sec. 42. 1. If a temporary guardianship is terminated and a petition for a general or special guardianship has not been filed:
(a) The temporary guardian shall immediately turn over all of the wards property to the ward; or
(b) If the temporary guardian is awaiting certification from the appropriate authority acknowledging that the guardian has no further liability for taxes on the estate, the temporary guardian shall seek approval from the court to maintain possession of all or a portion of the wards property.
κ2003 Statutes of Nevada, Page 1768 (CHAPTER 322, AB 365)κ
from the court to maintain possession of all or a portion of the wards property.
2. If a temporary guardianship is terminated and a petition for general or special guardianship has been filed, the temporary guardian of the estate may:
(a) Continue possessing the wards property; and
(b) Perform the duties of guardian for not more than 90 days after the temporary guardianship is terminated or until the court appoints another temporary, general or special guardian.
3. If the death of a ward causes the termination of a temporary guardianship before the hearing on a general or special guardianship:
(a) The temporary guardian of the estate may:
(1) Continue possessing the wards property; and
(2) Except as otherwise provided in this paragraph, perform the duties of guardian for not more than 90 days after the date of the termination of the temporary guardianship or until the court appoints a personal representative of the estate, if any. If the temporary guardian is awaiting certification from the appropriate authority acknowledging that the guardian has no further liability for taxes on the estate and it will take longer than 90 days after the date of the termination of the temporary guardianship to receive such certification, the temporary guardian must seek approval from the court to maintain possession of all or a portion of the wards property until certification is received.
(b) If no personal representative has been appointed pursuant to chapter 138 or 139 of NRS, the temporary guardian shall pay all of the final expenses and outstanding debts of the ward to the extent possible using the assets in the possession of the temporary guardian.
Sec. 43. 1. Except as otherwise provided in this section, by specific statute or as ordered by the court, a petitioner in a guardianship proceeding shall give notice of the time and place of the hearing on the petition to:
(a) Each interested person or the attorney of the interested person;
(b) Any person entitled to notice pursuant to this chapter or his attorney; and
(c) Any other person who has filed a request for notice in the guardianship proceedings.
2. The petitioner shall give notice not later than 10 days before the date set for the hearing:
(a) By mailing a copy of the notice by certified, registered or ordinary first-class mail to the residence, office or post office address of each person required to be notified pursuant to this section;
(b) By personal service; or
(c) In any other manner ordered by the court, upon a showing of good cause.
3. If the address or identity of a person required to be notified of a hearing on a petition pursuant to this section is not known and cannot be ascertained with reasonable diligence, notice must be given:
(a) By publishing a copy of the notice in a newspaper of general circulation in the county where the hearing is to be held at least once every 7 days for 21 consecutive days, the last publication of which must occur not later than 10 days before the date set for the hearing; or
κ2003 Statutes of Nevada, Page 1769 (CHAPTER 322, AB 365)κ
(b) In any other manner ordered by the court, upon a showing of good cause.
4. For good cause shown, the court may waive the requirement of giving notice.
5. A person entitled to notice pursuant to this section may waive such notice. Such a waiver must be in writing and filed with the court.
6. On or before the date set for the hearing, the petitioner shall file with the court proof of giving notice to each person entitled to notice pursuant to this section.
Sec. 44. If publication of a notice is required pursuant to this chapter, the court may, for good cause shown:
1. Allow fewer publications to be made within the time for publication; and
2. Extend or shorten the time in which the publications must be made.
Sec. 45. 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 or at such time prescribed by the court.
Sec. 46. All notices required to be given by this chapter may be given by the clerk of the court without an order from the court, and when so given, for the time and in the manner required by law, they are legal and valid as though made upon an order from 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 the partys attorney without a court order, unless an order is expressly required by statute.
Sec. 47. In addition to any order from which an appeal is expressly authorized pursuant to this chapter, an appeal may be taken to the Supreme Court within 30 days after its notice of entry from an order:
1. Granting or revoking letters of guardianship.
2. Directing or authorizing the sale or conveyance, or confirming the sale, of property of the estate of a ward.
3. Settling an account.
4. Ordering or authorizing a guardian to act pursuant to NRS 159.113.
5. Ordering or authorizing the payment of a debt, claim, devise, guardians fees or attorneys fees.
6. Determining ownership interests in property.
7. Granting or denying a petition to enforce the liability of a surety.
8. Granting or denying a petition for modification or termination of a guardianship.
9. Granting or denying a petition for removal of a guardian or appointment of a successor guardian.
Sec. 47.5. 1. Before taking any of the following actions, the guardian shall petition the court for an order authorizing the guardian to:
(a) Make or change the last will and testament of the ward.
(b) Make or change the designation of a beneficiary in a will, trust, insurance policy, bank account or any other type of asset of the ward which includes the designation of a beneficiary.
(c) Create for the benefit of the ward or others a revocable or irrevocable trust of the property of the estate.
(d) Except as otherwise provided in this paragraph, exercise the right of the ward to revoke or modify a revocable trust or to surrender the right to revoke or modify a revocable trust. The court shall not authorize or require the guardian to exercise the right to revoke or modify a revocable trust if the instrument governing the trust:
κ2003 Statutes of Nevada, Page 1770 (CHAPTER 322, AB 365)κ
require the guardian to exercise the right to revoke or modify a revocable trust if the instrument governing the trust:
(1) Evidences an intent of the ward to reserve the right of revocation or modification exclusively to the ward;
(2) Provides expressly that a guardian may not revoke or modify the trust; or
(3) Otherwise evidences an intent that would be inconsistent with authorizing or requiring the guardian to exercise the right to revoke or modify the trust.
2. The court may authorize the guardian to take any action described in subsection 1 if, after notice to any person who is adversely affected by the proposed action and an opportunity for a hearing, the guardian proves by clear and convincing evidence that:
(a) A person has committed or is about to commit any act, practice or course of conduct which operates or would operate as a fraud or act of exploitation upon the ward or estate of the ward and that person:
(1) Is designated as a beneficiary in or otherwise stands to gain from an instrument which was executed by or on behalf of the ward; or
(2) Will benefit from the lack of such an instrument; and
(b) A reasonably prudent person or the ward, if competent, would take the proposed action.
3. The petition must be signed by the guardian and contain:
(a) The name, date of birth and current address of the ward;
(b) A concise statement as to the condition of the wards estate; and
(c) A concise statement as to the necessity for the proposed action.
4. As used in this section:
(a) Exploitation means any act taken by a person who has the trust and confidence of a ward or any use of the power of attorney of a ward to:
(1) Obtain control, through deception, intimidation or undue influence, over the money, assets or property of the ward with the intention of permanently depriving the ward of the ownership, use, benefit or possession of the wards money, assets or property.
(2) Convert money, assets or property of the ward with the intention of permanently depriving the ward of the ownership, use, benefit or possession of his money, assets or property.
As used in this paragraph, undue influence does not include the normal influence that one member of a family has over another.
(b) Fraud means an intentional misrepresentation, deception or concealment of a material fact known to the person with the intent to deprive the ward of the wards rights or property or to otherwise injure the ward.
Sec. 48. NRS 159.013 is hereby amended to read as follows:
159.013 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 159.015 to 159.027, inclusive, and section 2 of this act, have the meanings ascribed to them in those sections.
Sec. 49. NRS 159.019 is hereby amended to read as follows:
159.019 Incompetent means an adult person who, by reason of mental illness, mental deficiency, disease, weakness of mind or any other cause, is unable, without assistance, properly to manage and take care of himself or his property [.] , or both. The term includes a mentally incapacitated person.
κ2003 Statutes of Nevada, Page 1771 (CHAPTER 322, AB 365)κ
Sec. 50. NRS 159.021 is hereby amended to read as follows:
159.021 [Institution] Care provider includes any public or private institution located within or outside this state which provides facilities for the care or maintenance of incompetents, persons of limited capacity or minors.
Sec. 51. NRS 159.022 is hereby amended to read as follows:
159.022 A person is of limited capacity if [he] :
1. The person is able to make independently some but not all of the decisions necessary for [his] the persons own care and the management of [his] the persons property ; and [has attained the age of majority.]
2. The person is not a minor.
Sec. 52. NRS 159.023 is hereby amended to read as follows:
159.023 Minor means any person who [has not arrived at the age of majority as provided by the laws of Nevada.] is:
1. Less than 18 years of age; or
2. Less than 19 years of age if the guardianship is continued until the person reaches the age of 19 years pursuant to NRS 159.191.
Sec. 52.5. NRS 159.026 is hereby amended to read as follows:
159.026 Special guardian means a guardian of a person of limited capacity [.] , including, without limitation, such a guardian who is appointed because a person of limited capacity has voluntarily petitioned for the appointment and the court has determined that the person has the requisite capacity to make such a petition.
Sec. 53. NRS 159.033 is hereby amended to read as follows:
159.033 [The] Except as otherwise provided in this chapter, the provisions of this chapter do not apply to guardians ad litem.
Sec. 54. NRS 159.035 is hereby amended to read as follows:
159.035 Any court of competent jurisdiction may appoint:
1. Guardians of the person, of the estate , or of the person and estate for resident incompetents or resident minors.
2. Guardians of the person or of the person and estate for incompetents or minors who, although not residents of this state, are physically present in this state and whose welfare requires such an appointment.
3. Guardians of the estate for nonresident incompetents or nonresident minors who have property within this state.
4. Guardians of the person, of the estate, or of the person and estate for incompetents or minors who previously have been appointed by the court of another state and who provide proof of the filing of an exemplified copy of the order from the court of the other state that appointed the guardian and a bond issued in this state as ordered by the court of the other state. As used in this subsection, guardian includes, without limitation, a conservator.
5. Special guardians.
6. Guardians ad litem.
Sec. 55. NRS 159.037 is hereby amended to read as follows:
159.037 1. The venue for the appointment of a guardian [shall] must be:
(a) The county where the proposed ward resides; or
(b) If the proposed ward does not reside in this state, any county in which any property of the proposed ward is located, or any county in which the proposed ward is physically present.
2. [If, under paragraph (b) of subsection 1, the] If the proper venue may [properly] be in two or more counties, [then] the county in which the proceeding is first commenced [shall be] is the proper county in which to continue the proceedings.
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proceeding is first commenced [shall be] is the proper county in which to continue the proceedings.
3. Upon the filing of a petition showing that the proper venue is inconvenient, a venue other than that provided in subsection 1 may accept the proceeding.
Sec. 56. NRS 159.043 is hereby amended to read as follows:
159.043 1. All petitions filed in any guardianship proceeding must bear the title of the court and cause. [It is sufficient for the caption to]
2. The caption of all petitions and other documents filed in a guardianship proceeding must read, In The Matter of the Guardianship of [................, (minor) a(n) .................. Ward (adult), without designating the ward as an incompetent or a person of limited capacity.] ................ (the person, the estate, or the person and estate), ................ (the legal name of the person), ................ (adult or minor).
Sec. 57. NRS 159.044 is hereby amended to read as follows:
159.044 1. Except as otherwise provided in NRS 127.045, a proposed ward, a governmental agency, a nonprofit corporation or any [concerned] interested person may petition the court for the appointment of a guardian.
2. [The] To the extent the petitioner knows or reasonably may ascertain or obtain, the petition must [state:] include, without limitation:
(a) The name and address of the petitioner.
(b) The name, [age] date of birth and current address of the proposed ward. [If he]
(c) A copy of one of the following forms of identification of the proposed ward which must be placed in the records relating to the guardianship proceeding and, except as otherwise required to carry out a specific statute, maintained in a confidential manner:
(1) A social security number;
(2) A taxpayer identification number;
(3) A valid drivers license number;
(4) A valid identification card number; or
(5) A valid passport number.
If the information required pursuant to this paragraph is not included with the petition, the information must be provided to the court not later than 60 days after the appointment of a guardian or as otherwise ordered by the court.
(d) If the proposed ward is a minor, [the petition must state] the date on which he will attain the age of majority and [whether he]
(1) Whether there is a current order concerning custody and, if so, the state in which the order was issued; and
(2) Whether the petitioner anticipates that the proposed ward will need guardianship after attaining the age of majority.
[(c)] (e) Whether the proposed ward is a resident or nonresident of this state.
[(d)] (f) The names and addresses [, so far as they are known to the petitioner,] of the spouse of the proposed ward and the relatives of the proposed ward who are within the second degree [.
(e)] of consanguinity.
(g) The name , date of birth and current address of the proposed guardian.
[(f) That]
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(h) A copy of one of the following forms of identification of the proposed guardian which must be placed in the records relating to the guardianship proceeding and, except as otherwise required to carry out a specific statute, maintained in a confidential manner:
(1) A social security number;
(2) A taxpayer identification number;
(3) A valid drivers license number;
(4) A valid identification card number; or
(5) A valid passport number.
(i) Whether the proposed guardian has [never] ever been convicted of a felony [.
(g)] and, if so, information concerning the crime for which he was convicted and whether the guardian was placed on probation or parole.
(j) A summary of the reasons why a guardian is needed [.
(h)] and recent documentation demonstrating the need for a guardianship. The documentation may include, without limitation:
(1) A certificate signed by a physician who is licensed to practice medicine in this state stating the need for a guardian;
(2) A letter signed by any governmental agency in this state which conducts investigations stating the need for a guardian; or
(3) A certificate signed by any other person whom the court finds qualified to execute a certificate stating the need for a guardian.
(k) Whether the appointment of a general or a special guardian is sought.
[(i)] (l) A general description and the probable value of the property of the proposed ward and any income to which [he] the proposed ward is or will be entitled, if the petition is for the appointment of a guardian of the estate or a special guardian. If any money is paid or is payable to the proposed ward by the United States through the Department of Veterans Affairs, the petition must so state.
[(j)] (m) The name and address of any person or [institution] care provider having the care, custody or control of the proposed ward.
[(k)] (n) The relationship, if any, of the petitioner to the proposed ward and the interest, if any, of the petitioner in the appointment.
[(l)] (o) Requests for any of the specific powers set forth in NRS 159.117 to 159.175, inclusive, necessary to enable the guardian to carry out the duties of the guardianship.
[(m)] (p) Whether the guardianship is sought as the result of an investigation of a report of abuse or neglect that is conducted pursuant to chapter 432B of NRS by an agency which provides child welfare services. As used in this paragraph, agency which provides child welfare services has the meaning ascribed to it in NRS 432B.030.
(q) Whether the proposed ward is a party to any pending criminal or civil litigation.
(r) Whether the guardianship is sought for the purpose of initiating litigation.
(s) Whether the proposed ward has executed a durable power of attorney for health care, a durable power of attorney for financial matters or a written nomination of guardian and, if so, who the named agents are for each document.
Sec. 58. NRS 159.046 is hereby amended to read as follows:
159.046 1. Upon filing of the petition, or any time thereafter, the court may appoint [an investigator to locate] one or more investigators to:
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(a) Locate persons who perform services needed by the proposed ward and other public and private resources available to [him. The] the proposed ward.
(b) Determine any competing interests in the appointment of a guardian.
(c) Investigate allegations or claims which affect a ward or proposed ward.
2. An investigator may be an employee of a social service agency, family service officer of the court , public guardian, physician or other qualified person.
[2. The investigator, if one is appointed,]
3. An investigator shall file with the court and parties a [written report stating his opinion of the nature of the proposed wards incapacity, if any, and of the] report concerning the scope of the appointment of the guardian and any special powers which a guardian would need to assist the proposed ward.
4. An investigator who is appointed pursuant to this section is entitled to reasonable compensation from the estate of the proposed ward. If the court finds that a person has unnecessarily or unreasonably caused the investigation, the court may order the person to pay to the estate of the proposed ward all or part of the expenses associated with the investigation.
Sec. 59. NRS 159.047 is hereby amended to read as follows:
159.047 1. Except as otherwise provided in NRS 159.0475 and 159.049 to 159.0525, inclusive, [the court,] upon the filing of a petition under NRS 159.044, [shall direct] the clerk [to] shall issue a citation setting forth a time and place for the hearing and directing the persons or [institutions] care provider referred to in subsection 2 to appear and show cause why a guardian should not be appointed for the proposed ward.
2. A citation issued under subsection 1 must be served:
(a) [If the proposed ward is an incompetent or a person of limited capacity:
(1) Upon the spouse and adult children of the incompetent or person of limited capacity who are known to exist, or, if there are none, upon any parent, brother or sister of the incompetent or person of limited capacity;
(2)] Upon a proposed ward who is 14 years of age or older;
(b) Upon the spouse of the proposed ward and all other known relatives of the proposed ward who are:
(1) Fourteen years of age or older; and
(2) Within the second degree of consanguinity;
(c) Upon the parent or legal guardian of all known relatives of the proposed ward who are:
(1) Less than 14 years of age; and
(2) Within the second degree of consanguinity;
(d) If there is no spouse of the proposed ward and there are no known relatives of the proposed ward who are within the second degree of consanguinity to the proposed ward, upon the office of the public guardian of the county where the proposed ward resides; and
(e) Upon any person or officer of [an institution] a care provider having the care, custody or control of the [incompetent or person of limited capacity; and
(3) Upon the incompetent or person of limited capacity.
(b) If the] proposed ward . [is a minor:
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(1) Upon the parents of the minor;
(2) Upon any person or officer of an institution having care, custody or control of the minor; and
(3) If the minor is 14 years of age or older, upon the minor.]
Sec. 60. NRS 159.0475 is hereby amended to read as follows:
159.0475 1. A copy of the citation issued pursuant to NRS 159.047 must be served by [certified] :
(a) Certified mail, with a return receipt requested, on each person required to be served [in subsection 2 of] pursuant to NRS 159.047 at least 20 days before the hearing [.] ; or
(b) Personal service in the manner provided pursuant to N.R.C.P. 4(d) at least 10 days before the date set for the hearing on each person required to be served pursuant to NRS 159.047.
2. If none of the persons on whom the citation is to be served can, after due diligence, be served by certified mail or personal service and this fact is proven, by affidavit, to the satisfaction of the court, service of the citation must be made by publication in the manner provided by N.R.C.P. 4(e). In all such cases, the citation must be published at least 20 days before the date set for the hearing.
3. A citation need not be served on a person or an officer of [an institution] the care provider who has signed the petition or a written waiver of service of citation or who makes a general appearance.
4. If the proposed ward is receiving money paid or payable by the United States through the Department of Veterans Affairs, a copy of the citation must be mailed to any office of the Department of Veterans Affairs in this state [.
5. Notice shall be deemed sufficient if each person who is required to be served is mailed a copy of the citation at his last known address by means of certified mail with return receipt requested, and either a postal receipt has been returned evidencing delivery or the letter has been returned marked undelivered, but if none of the family members to whom notices have been mailed have been served, as evidenced by the return letters, notice shall be deemed to be sufficient only upon proof of publication of the citation.] , unless the Department of Veterans Affairs has executed a written waiver of service of citation.
5. The court may find that notice is sufficient if:
(a) The citation has been served by certified mail, with a return receipt requested, or by personal service on the proposed ward, care provider or public guardian required to be served pursuant to NRS 159.047; and
(b) At least one relative of the proposed ward who is required to be served pursuant to NRS 159.047 has been served, as evidenced by the return receipt or the certificate of service. If the court finds that at least one relative of the proposed ward has not received notice that is sufficient, the court will require the citation to be published pursuant to subsection 2.
Sec. 61. NRS 159.048 is hereby amended to read as follows:
159.048 The citation issued pursuant to NRS 159.047 must state that the:
1. Proposed ward may be adjudged to be incompetent or of limited capacity and a guardian may be appointed for [him;] the proposed ward;
2. Proposed wards rights may be affected as specified in the petition;
3. Proposed ward has the right to appear at the hearing and to oppose the petition; and
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4. Proposed ward has the right to be represented by an attorney, who may be appointed for [him] the proposed ward by the court if [he] the proposed ward is unable to retain one.
Sec. 62. NRS 159.0485 is hereby amended to read as follows:
159.0485 1. If an adult ward or proposed adult ward is unable to retain legal counsel and requests the appointment of counsel, at any stage [of a proceeding for] in a guardianship proceeding and whether or not [he] the adult ward or proposed adult ward lacks or appears to lack capacity, the court shall, at or before the time of the next hearing, appoint an attorney who works for legal aid services, if available, or a private attorney to represent [him. The attorneys fees must be paid from the estate of the ward or proposed ward to the extent possible.] the adult ward or proposed adult ward. The appointed attorney must represent the adult ward or proposed adult ward until relieved of the duty by court order.
2. Subject to the discretion and approval of the court, the attorney for the adult ward or proposed adult ward is entitled to reasonable compensation which must be paid from the estate of the adult ward or proposed adult ward. If the court finds that a person has unnecessarily or unreasonably caused the appointment of an attorney, the court may order the person to pay to the estate of the adult ward or proposed adult ward all or part of the expenses associated with the appointment of the attorney.
Sec. 63. NRS 159.049 is hereby amended to read as follows:
159.049 The court may, without issuing a citation, appoint a guardian for the proposed ward if the:
1. Petitioner is a parent who has sole legal and physical custody of the proposed ward as evidenced by a valid court order or birth certificate and who is seeking the appointment of a guardian for [his] the minor child [who is in the lawful custody of the petitioner.] of the parent. If the proposed ward is a minor who is 14 years of age or older:
(a) The petition must be accompanied by the written consent of the minor to the appointment of the guardian; or
(b) The minor must consent to the appointment of the guardian in open court.
2. Petitioner is a foreign guardian of a nonresident proposed ward, and the petition is accompanied by [an authenticated] :
(a) An exemplified copy of the record of [his] the appointment of the foreign guardian; and [by evidence]
(b) Evidence of the existing authority of the foreign guardian.
Sec. 64. NRS 159.052 is hereby amended to read as follows:
159.052 1. A petitioner may request the court to appoint a temporary guardian for a ward who is a minor and who is unable to respond to a substantial and immediate risk of physical harm or to a need for immediate medical attention. To support the request, the petitioner must set forth in a petition and present to the court under oath:
(a) Facts which show that the proposed ward [:
(1) Faces] faces a substantial and immediate risk of physical harm or needs immediate medical attention; and
[(2) Lacks capacity to respond to the risk of harm or to obtain the necessary medical attention; and]
(b) Facts which show that:
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(1) The petitioner has tried in good faith to notify the persons entitled to notice pursuant to NRS 159.047 [;] by telephone or in writing before the filing of the petition;
(2) The proposed ward would be exposed to an immediate risk of physical harm if the petitioner were to provide notice to the persons entitled to notice pursuant to NRS 159.047 before the court determines whether to appoint a temporary guardian; or
(3) Giving notice to the persons entitled to notice pursuant to NRS 159.047 is not feasible under the circumstances.
2. The court may appoint a temporary guardian to serve for 10 days if the court:
(a) Finds reasonable cause to believe that the proposed ward [is unable to respond to] may suffer a substantial and immediate risk of physical harm or [to a need for] needs immediate medical attention; and
(b) Is satisfied that the petitioner has tried in good faith to notify the persons entitled to notice pursuant to NRS 159.047 or that giving notice to those persons is not feasible under the circumstances, or determines that such notice is not required pursuant to subparagraph (2) of paragraph (b) of subsection 1.
3. Except as otherwise provided in subsection 4, after the appointment of a temporary guardian, the petitioner shall attempt in good faith to notify the persons entitled to notice pursuant to NRS 159.047 [.] , including, without limitation, notice of any hearing to extend the temporary guardianship. If the petitioner fails to make such an effort, the court may terminate the temporary guardianship.
4. If, before the appointment of a temporary guardian, the court determined that advance notice was not required pursuant to subparagraph (2) of paragraph (b) of subsection 1, the petitioner shall notify the persons entitled to notice pursuant to NRS 159.047 without undue delay, but not later than 48 hours after the appointment of the temporary guardian or not later than 48 hours after [he] the petitioner discovers the existence, identity and location of the persons entitled to notice pursuant to that section. If the petitioner fails to provide such notice, the court may terminate the temporary guardianship.
5. [Within] Not later than 10 days after the date of the appointment of a temporary guardian pursuant to subsection 2, the court shall hold a hearing to determine the need to extend the temporary guardianship. Except as otherwise provided in [subsection 7,] subsections 7 and 8, if the court finds by clear and convincing evidence that the proposed ward is unable to respond to a substantial and immediate risk of physical harm or to a need for immediate medical attention, the court may extend the temporary guardianship until a general or special guardian is appointed, but not for more than 30 days.
6. If the court appoints a temporary guardian or extends the temporary guardianship pursuant to this section, the court shall limit the powers of the temporary guardian to those necessary to respond to the substantial and immediate risk of physical harm or to a need for immediate medical attention.
7. The court may not extend a temporary guardianship pursuant to subsection 5 beyond the initial period of 10 days unless the petitioner demonstrates that:
(a) The provisions of NRS 159.0475 have been satisfied; or
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(b) Notice by publication pursuant to N.R.C.P. 4(e) is currently being undertaken.
8. In addition to any other extension granted pursuant to this section, the court may extend the temporary guardianship, for good cause shown, for not more than two 30-day periods.
Sec. 65. NRS 159.0523 is hereby amended to read as follows:
159.0523 1. A petitioner may request the court to appoint a temporary guardian for a ward who is an adult and who is unable to respond to a substantial and immediate risk of physical harm or to a need for immediate medical attention. To support the request, the petitioner must set forth in a petition and present to the court under oath:
(a) Facts which show that the proposed ward:
(1) Faces a substantial and immediate risk of physical harm or needs immediate medical attention; and
(2) Lacks capacity to respond to the risk of harm or to obtain the necessary medical attention; and
(b) Facts which show that:
(1) The petitioner has tried in good faith to notify the persons entitled to notice pursuant to NRS 159.047 [;] by telephone or in writing before the filing of the petition;
(2) The proposed ward would be exposed to an immediate risk of physical harm if the petitioner were to provide notice to the persons entitled to notice pursuant to NRS 159.047 before the court determines whether to appoint a temporary guardian; or
(3) Giving notice to the persons entitled to notice pursuant to NRS 159.047 is not feasible under the circumstances.
2. The court may appoint a temporary guardian to serve for 10 days if the court:
(a) Finds reasonable cause to believe that the proposed ward is unable to respond to a substantial and immediate risk of physical harm or to a need for immediate medical attention;
(b) Is satisfied that the petitioner has tried in good faith to notify the persons entitled to notice pursuant to NRS 159.047 or that giving notice to those persons is not feasible under the circumstances, or determines that such notice is not required pursuant to subparagraph (2) of paragraph (b) of subsection 1; and
(c) Finds that the petition required pursuant to subsection 1 is accompanied by:
(1) A certificate signed by a physician who is licensed to practice in this state which states that the proposed ward is unable to respond to a substantial and immediate risk of physical harm or to a need for immediate medical attention; or
(2) The affidavit of the petitioner which explains the reasons why the certificate described in subparagraph (1) is not immediately obtainable.
3. Except as otherwise provided in subsection 4, after the appointment of a temporary guardian, the petitioner shall attempt in good faith to notify the persons entitled to notice pursuant to NRS 159.047 [.] , including, without limitation, notice of any hearing to extend the temporary guardianship. If the petitioner fails to make such an effort, the court may terminate the temporary guardianship.
4. If, before the appointment of a temporary guardian, the court determined that advance notice was not required pursuant to subparagraph (2) of paragraph (b) of subsection 1, the petitioner shall notify the persons entitled to notice pursuant to NRS 159.047 without undue delay, but not later than 48 hours after the appointment of the temporary guardian or not later than 48 hours after [he] the petitioner discovers the existence, identity and location of the persons entitled to notice pursuant to that section.
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(2) of paragraph (b) of subsection 1, the petitioner shall notify the persons entitled to notice pursuant to NRS 159.047 without undue delay, but not later than 48 hours after the appointment of the temporary guardian or not later than 48 hours after [he] the petitioner discovers the existence, identity and location of the persons entitled to notice pursuant to that section. If the petitioner fails to provide such notice, the court may terminate the temporary guardianship.
5. [Within] Not later than 10 days after the date of the appointment of a temporary guardian pursuant to subsection 2, the court shall hold a hearing to determine the need to extend the temporary guardianship. Except as otherwise provided in [subsection 7,] subsections 7 and 8, the court may extend the temporary guardianship until a general or special guardian is appointed, but not for more than 30 days, if:
(a) The certificate required by subsection 2 has been filed and the court finds by clear and convincing evidence that the proposed ward is unable to respond to a substantial and immediate risk of physical harm or to a need for immediate medical attention; or
(b) The certificate required by subsection 2 has not been filed and the court finds by clear and convincing evidence that:
(1) The proposed ward is unable to respond to a substantial and immediate risk of physical harm or to a need for immediate medical attention;
(2) Circumstances have prevented the petitioner or temporary guardian from obtaining the certificate required pursuant to subsection 2; and
(3) The extension of the temporary guardianship is necessary and in the best interests of the proposed ward.
6. If the court appoints a temporary guardian or extends the temporary guardianship pursuant to this section, the court shall limit the powers of the temporary guardian to those necessary to respond to the substantial and immediate risk of physical harm or to a need for immediate medical attention.
7. The court may not extend a temporary guardianship pursuant to subsection 5 beyond the initial period of 10 days unless the petitioner demonstrates that:
(a) The provisions of NRS 159.0475 have been satisfied; or
(b) Notice by publication pursuant to N.R.C.P. 4(e) is currently being undertaken.
8. In addition to any other extension granted pursuant to this section, the court may extend the temporary guardianship, for good cause shown, for not more than two 30-day periods.
Sec. 66. NRS 159.0525 is hereby amended to read as follows:
159.0525 1. A petitioner may request the court to appoint a temporary guardian for a ward who is unable to respond to a substantial and immediate risk of financial loss. To support the request, the petitioner must set forth in a petition and present to the court under oath:
(a) Facts which show that the proposed ward:
(1) Faces a substantial and immediate risk of financial loss; and
(2) Lacks capacity to respond to the risk of loss; and
(b) Facts which show that:
(1) The petitioner has tried in good faith to notify the persons entitled to notice pursuant to NRS 159.047 [;] by telephone or in writing before the filing of the petition;
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(2) The proposed ward would be exposed to an immediate risk of financial loss if the petitioner were to provide notice to the persons entitled to notice pursuant to NRS 159.047 before the court determines whether to appoint a temporary guardian; or
(3) Giving notice to the persons entitled to notice pursuant to NRS 159.047 is not feasible under the circumstances.
2. The court may appoint a temporary guardian to serve for 10 days if the court:
(a) Finds reasonable cause to believe that the proposed ward is unable to respond to a substantial and immediate risk of financial loss;
(b) Is satisfied that the petitioner has tried in good faith to notify the persons entitled to notice pursuant to NRS 159.047 or that giving notice to those persons is not feasible under the circumstances, or determines that such notice is not required pursuant to subparagraph (2) of paragraph (b) of subsection 1; and
(c) For a proposed ward who is an adult, finds that the petition required pursuant to subsection 1 is accompanied by:
(1) A certificate signed by a physician who is licensed to practice in this state which states that the proposed ward is unable to respond to a substantial and immediate risk of financial loss; or
(2) The affidavit of the petitioner which explains the reasons why the certificate described in subparagraph (1) is not immediately obtainable.
3. Except as otherwise provided in subsection 4, after the appointment of a temporary guardian, the petitioner shall attempt in good faith to notify the persons entitled to notice pursuant to NRS 159.047 [.] , including, without limitation, notice of any hearing to extend the temporary guardianship. If the petitioner fails to make such an effort, the court may terminate the temporary guardianship.
4. If, before the appointment of a temporary guardian, the court determined that advance notice was not required pursuant to subparagraph (2) of paragraph (b) of subsection 1, the petitioner shall notify the persons entitled to notice pursuant to NRS 159.047 without undue delay, but not later than 48 hours after the appointment of the temporary guardian or not later than 48 hours after [he] the petitioner discovers the existence, identity and location of the persons entitled to notice pursuant to that section. If the petitioner fails to provide such notice, the court may terminate the temporary guardianship.
5. [Within] Not later than 10 days after the date of the appointment of a temporary guardian pursuant to subsection 2, the court shall hold a hearing to determine the need to extend the temporary guardianship. Except as otherwise provided in [subsection 7,] subsections 7 and 8, if the proposed ward is a minor and the court finds by clear and convincing evidence that the proposed ward is unable to respond to a substantial and immediate risk of financial loss, the court may extend the temporary guardianship until a general or special guardian is appointed, but not for more than 30 days. Except as otherwise provided in subsection 7, if the proposed ward is an adult, the court may extend the temporary guardianship until a general or special guardian is appointed, but not for more than 30 days, if:
(a) The certificate required by subsection 2 has been filed and the court finds by clear and convincing evidence that the proposed ward is unable to respond to a substantial and immediate risk of financial loss; or
κ2003 Statutes of Nevada, Page 1781 (CHAPTER 322, AB 365)κ
(b) The certificate required by subsection 2 has not been filed and the court finds by clear and convincing evidence that:
(1) The proposed ward is unable to respond to a substantial and immediate risk of financial loss;
(2) Circumstances have prevented the petitioner or temporary guardian from obtaining the certificate required pursuant to subsection 2; and
(3) The extension of the temporary guardianship is necessary and in the best interests of the proposed ward.
6. If the court appoints a temporary guardian or extends the temporary guardianship pursuant to this section, the court shall limit the powers of the temporary guardian to those necessary to respond to the substantial and immediate risk of financial loss.
7. The court may not extend a temporary guardianship pursuant to subsection 5 beyond the initial period of 10 days unless the petitioner demonstrates that:
(a) The provisions of NRS 159.0475 have been satisfied; or
(b) Notice by publication pursuant to N.R.C.P. 4(e) is currently being undertaken.
8. In addition to any other extension granted pursuant to this section, the court may extend the temporary guardianship, for good cause shown, for not more than two 30-day periods.
Sec. 67. NRS 159.0535 is hereby amended to read as follows:
159.0535 1. [If the] A proposed ward who is found in [the State, he] this state must attend the hearing [unless the court for good cause excuses him from attending.] for the appointment of a guardian unless:
(a) A certificate signed by a physician who is licensed to practice in this state specifically states the condition of the proposed ward and the reasons why the proposed ward is unable to appear in court; or
(b) A certificate signed by any other person the court finds qualified to execute a certificate stating the condition of the proposed ward and the reasons why the proposed ward is unable to appear in court.
2. If the proposed ward is not in [the State, he] this state, the proposed ward must attend the hearing only if the court determines that [his] the attendance of the proposed ward is necessary in the interests of justice.
Sec. 68. NRS 159.054 is hereby amended to read as follows:
159.054 1. If the court finds the proposed ward competent and not in need of a guardian, [it] the court shall dismiss the petition.
2. If the court finds the proposed ward to be of limited capacity and in need of a special guardian, [it] the court shall enter [judgment] an order accordingly and specify the powers and duties of the special guardian.
3. If the court finds that appointment of a general guardian is required, [it] the court shall appoint [such] a general guardian of the wards person, estate, or person and estate.
Sec. 69. NRS 159.055 is hereby amended to read as follows:
159.055 1. The petitioner has the burden of proving by clear and convincing evidence that the appointment of a guardian of the person, of the estate, or of the person and estate is necessary.
2. If it appears to the court that the allegations of the petition are sufficient and that a guardian should be appointed for the proposed ward, the court shall [make] enter an order appointing a guardian. The order must:
(a) Specify whether the guardian appointed is guardian of the person, of the estate, of the person and estate or a special guardian;
κ2003 Statutes of Nevada, Page 1782 (CHAPTER 322, AB 365)κ
(b) Specify whether the ward is a resident or nonresident of this state;
(c) Specify the amount of the bond to be executed and filed by the guardian; and
(d) Designate the names and addresses , [of the heirs at law and next of kin of the ward,] so far as may be determined, of:
(1) The relatives of the proposed ward upon whom notice must be served [.
3. Any notice required by the provisions of this chapter to be given the heirs at law and next of kin of the ward is sufficient if mailed to the persons listed in the order of appointment or in any amendment to that order which may be made by the court.] pursuant to NRS 159.047; and
(2) Any other interested person.
3. A notice of entry of the court order must be sent to:
(a) The relatives of the proposed ward upon whom notice must be served pursuant to NRS 159.047; and
(b) Any other interested person.
Sec. 70. NRS 159.057 is hereby amended to read as follows:
159.057 1. Where the appointment of a guardian is sought for two or more proposed wards who are children of a common parent, parent and child or husband and wife, it is not necessary that separate petitions, bonds and other papers be filed with respect to each proposed ward or wards.
2. If a guardian is appointed for such wards, the guardian [shall] :
(a) Shall keep separate accounts of the estate of each ward [, may] ;
(b) May make investments for each ward [, may] ;
(c) May compromise and settle claims against one or more wards [, and may] ; and
(d) May sell, lease, mortgage or otherwise manage the property of one or more wards.
3. The guardianship may be terminated with respect to less than all the wards in the same manner as provided by law with respect to a guardianship of a single ward.
Sec. 71. NRS 159.059 is hereby amended to read as follows:
159.059 Any qualified person or entity that the court finds suitable may serve as a guardian. A person is not qualified to serve as a guardian who:
1. Is an incompetent.
2. Is a minor.
3. Has been convicted of a felony [.] , unless the court finds that it is in the best interests of the ward to appoint the convicted felon as the guardian of the ward.
4. Has been suspended for misconduct or disbarred from [the] :
(a) The practice of law ;
(b) The practice of accounting; or
(c) Any other profession which:
(1) Involves or may involve the management or sale of money, investments, securities or real property; and
(2) Requires licensure in this state or any other state,
during the period of the suspension or disbarment.
5. Is a nonresident of this state and [has not:
(a) Associated] :
(a) Is not a foreign guardian of a nonresident proposed ward pursuant to subsection 2 of NRS 159.049;
κ2003 Statutes of Nevada, Page 1783 (CHAPTER 322, AB 365)κ
(b) Has not associated as a coguardian, a resident of this state or a banking corporation whose principal place of business is in this state; and
[(b) Caused the appointment to be filed]
(c) Is not a petitioner in the guardianship proceeding.
6. Has been judicially determined, by clear and convincing evidence, to have committed abuse, neglect or exploitation of a child, spouse, parent or other adult [.] , unless the court finds that it is in the best interests of the ward to appoint the person as the guardian of the ward.
Sec. 72. NRS 159.061 is hereby amended to read as follows:
159.061 1. The parents of a minor, or either parent, if qualified and suitable, are preferred over all others for appointment as guardian for the minor. The appointment of a parent as a guardian of the person must not conflict with a valid order for custody of the minor. In determining whether the parents of a minor, or either parent, is qualified and suitable, the court shall consider, without limitation:
(a) Which parent has physical custody of the minor;
(b) The ability of the parents or parent to provide for the basic needs of the child, including, without limitation, food, shelter, clothing and medical care;
(c) Whether the parents or parent has engaged in the habitual use of alcohol or any controlled substance during the previous 6 months, except the use of marijuana in accordance with the provisions of chapter 453A of NRS; and
(d) Whether the parents or parent has been convicted of a crime of moral turpitude, a crime involving domestic violence or a crime involving the exploitation of a child.
2. Subject to the preference set forth in subsection 1, the court shall appoint as guardian for an incompetent, a person of limited capacity or minor the qualified person who is most suitable and is willing to serve.
3. In determining who is most suitable, the court shall give consideration, among other factors, to:
(a) Any request for the appointment as guardian for an incompetent contained in a written instrument executed by the incompetent while competent.
(b) Any nomination of a guardian for an incompetent, minor or person of limited capacity contained in a will or other written instrument executed by a parent or spouse of the proposed ward.
(c) Any request for the appointment as guardian for a minor 14 years of age or older made by the minor.
(d) The relationship by blood , adoption or marriage of the proposed guardian to the proposed ward. In considering preferences of appointment, the court may consider relatives of the half blood equally with those of the whole blood. The court may consider relatives in the following order of preference:
(1) Spouse.
(2) Adult child.
(3) Parent.
(4) Adult sibling.
(5) Grandparent or adult grandchild.
(6) Uncle, aunt, adult niece or adult nephew.
(e) Any recommendation made by a master of the court or special master pursuant to NRS 159.0615.
κ2003 Statutes of Nevada, Page 1784 (CHAPTER 322, AB 365)κ
(f) Any request for the appointment of any other interested person that the court deems appropriate.
4. If the court finds that there is no suitable person to appoint as guardian pursuant to subsection 3, the court may appoint as guardian:
(a) The public guardian of the county where the ward resides, if:
(1) There is a public guardian in the county where the ward resides; and
(2) The proposed ward qualifies for a public guardian pursuant to chapter 253 of NRS; or
(b) A private fiduciary who may obtain a bond in this state and who is a resident of this state, if the court finds that the interests of the ward will be served appropriately by the appointment of a private fiduciary.
Sec. 73. NRS 159.0615 is hereby amended to read as follows:
159.0615 1. If the court determines that a person [is] may be in need of a guardian , [pursuant to NRS 159.054,] the court may order the appointment of a master of the court or a special master from among the members of the State Bar of Nevada to conduct a hearing to identify the person most qualified and suitable to serve as guardian for the proposed ward.
2. Not later than 5 calendar days after the date of the hearing, the master of the court or special master shall prepare and submit to the court [his] a recommendation regarding which person is most qualified and suitable to serve as guardian for the proposed ward.
Sec. 74. NRS 159.0617 is hereby amended to read as follows:
159.0617 If the court or a master of the court or [a] special master appointed pursuant to NRS 159.0615 finds that [a person, including, but not limited to,] a parent or other relative, teacher, friend or neighbor of a proposed ward [:] or any other interested person:
1. Has a personal interest in the well-being of the proposed ward; or
2. Possesses information that is relevant to the determination of who should serve as guardian for the proposed ward,
the court or a master of the court or [a] special master appointed pursuant to NRS 159.0615 may allow the person to testify at any hearing held pursuant to this chapter to determine the person most qualified and suitable to serve as guardian for the proposed ward.
Sec. 75. NRS 159.065 is hereby amended to read as follows:
159.065 1. Except as otherwise provided by law, every guardian shall, before entering upon his duties as guardian, execute and file in the guardianship proceeding a bond, with sufficient surety or sureties, in such amount as the court determines necessary for the protection of the ward and the estate of the ward, and conditioned upon the faithful discharge by the guardian of his authority and duties according to law. The bond [shall] must be approved by the clerk. Sureties [shall] must be jointly and severally liable with the guardian and with each other.
2. If a banking corporation, as defined in NRS 657.016, doing business in this state, is appointed guardian of the estate of a ward, no bond [shall be] is required of [such] the guardian, unless specifically required by the court.
3. Joint guardians may unite in a bond to the ward or wards, or each may give a separate bond.
4. If there are no assets of the ward, no bond [shall be] is required of the guardian.
κ2003 Statutes of Nevada, Page 1785 (CHAPTER 322, AB 365)κ
5. If a person is appointed in a will to be guardian and the will provides that no bond is to be required of [such] the guardian, the court may direct letters of guardianship to issue to the [person on his taking and subscribing] guardian after the guardian:
(a) Takes and subscribes the oath of office ; and [filing his]
(b) Files the appropriate documents which contain the full legal name and address [in the proceeding.] of the guardian.
6. In lieu of executing and filing a bond, the guardian may request that access to certain assets be blocked. The court may grant the request and order letters of guardianship to issue to the guardian if sufficient evidence is filed with the court to establish that such assets are being held in a manner that prevents the guardian from accessing the assets without a specific court order.
Sec. 76. NRS 159.073 is hereby amended to read as follows:
159.073 Every guardian shall, before entering upon his duties as guardian and before letters of guardianship may issue [, take] :
1. Take and subscribe the official oath [and file in the proceeding his name, residence and post office address. The oath, to be] which must:
(a) Be endorsed on the letters of guardianship [must state that he] ; and
(b) State that the guardian will well and faithfully perform the duties of guardian according to law.
2. File in the proceeding the appropriate documents which include, without limitation, the full legal name of the guardian and his residence and post office addresses.
Sec. 77. NRS 159.074 is hereby amended to read as follows:
159.074 [Before letters of guardianship may issue, a]
1. A copy of the order appointing the guardian must be served personally or by mail upon the ward [.] not later than 5 days after the date of the appointment of the guardian.
2. The order must contain the names, addresses and telephone numbers of the guardian, the wards attorney, if any, and the investigator.
3. A notice of entry of the order must be filed with the court.
Sec. 78. NRS 159.075 is hereby amended to read as follows:
159.075 When a guardian has taken the official oath and filed a bond as provided [herein,] in this chapter, the court shall [cause to be issued] order letters of guardianship to issue to the guardian. Letters of guardianship may be in the following form:
State of Nevada }
}ss.
County of......................................... }
[To All To Whom These Presents Come, Greeting:
Know Ye, that on] On .......... (month) .......... (day) ..........(year) the ................ Judicial District Court, ................ County, State of Nevada, appointed......................... (name of guardian) ...........................(guardian of the person or estate or person and estate or special guardian) for ........................, (name of ward) a(n) ........................., (minor or adult) that the named guardian has qualified and has the authority and shall perform the duties of .............................................................................. (guardian of the person or estate or person and estate or special guardian) for the named ward as provided by law.
κ2003 Statutes of Nevada, Page 1786 (CHAPTER 322, AB 365)κ
In Testimony Whereof, I have hereunto subscribed my name and affixed the seal of the court at my office on .......... (month) .......... (day) .......... (year).
.........................................................
Clerk
(SEAL)
.........................................................
Deputy Clerk
Sec. 79. NRS 159.079 is hereby amended to read as follows:
159.079 1. Except as otherwise ordered by the court, a guardian of the person has the care, custody and control of the person of the ward, and has the authority and, subject to subsection 2, shall perform the duties necessary for the proper care, maintenance, education and support of the ward, including the following:
(a) Supplying the ward with food, clothing, shelter and all incidental necessaries.
(b) Authorizing medical, surgical, dental, psychiatric, psychological, hygienic or other remedial care and treatment for the ward.
(c) Seeing that the ward is properly trained and educated and that [he] the ward has the opportunity to learn a trade, occupation or profession.
2. In the performance of the duties enumerated in subsection 1 by a guardian of the person, due regard must be given to the extent of the estate of the ward. A guardian of the person is not required to incur expenses on behalf of the ward except to the extent that the estate of the ward is sufficient to reimburse the guardian.
3. This section does not relieve a parent or other person of any duty required by law to provide for the care, support and maintenance of any dependent.
Sec. 80. NRS 159.0795 is hereby amended to read as follows:
159.0795 1. A special guardian shall exercise [his] supervisory authority over the ward in a manner which is least restrictive of the wards personal freedom and which is consistent with the wards need for supervision and protection.
2. A special guardian has the powers set forth in the order appointing the special guardian and any other powers given to him in an emergency which are necessary and consistent to resolve the emergency or protect the ward from imminent harm.
Sec. 81. NRS 159.0801 is hereby amended to read as follows:
159.0801 1. Except when responding to an emergency, a special guardian of a person of limited capacity shall apply to the court for instruction or approval before commencing any act relating to the person of limited capacity.
2. The court may grant a special guardian of a person of limited capacity the power to manage and dispose of [his wards] the estate of the ward pursuant to NRS 159.117 to 159.175, inclusive, and perform any other act relating to the ward upon specific instructions or approval of the court.
Sec. 82. NRS 159.0805 is hereby amended to read as follows:
159.0805 [A]
1. Except as otherwise provided in subsection 2, a guardian shall not consent to :
κ2003 Statutes of Nevada, Page 1787 (CHAPTER 322, AB 365)κ
(a) The experimental , medical, biomedical or behavioral treatment [, or] of a ward;
(b) The sterilization of a ward [, or to the wards] ;
(c) The participation of a ward in any biomedical or behavioral experiment [, unless he is specifically empowered to do so by the court.] ; or
(d) The commitment of a ward to a mental health facility.
2. The guardian may consent to and commence any treatment, experiment or commitment described in subsection 1 if the guardian applies to and obtains from the court authority to consent to and commence the treatment, experiment or commitment.
3. The court may authorize [experimental treatment or participation] the guardian to consent to and commence any treatment, experiment or commitment described in subsection 1 only if [:
1. It is] the treatment, experiment or commitment:
(a) Is of direct benefit to, and intended to preserve the life of or prevent serious impairment to the mental or physical health of, the ward; or
[2. It is]
(b) Is intended to assist the ward to develop or regain [his] the wards abilities.
Sec. 83. NRS 159.081 is hereby amended to read as follows:
159.081 1. A guardian of the person shall make and file in the guardianship proceeding for review of the court a written report on the condition of the ward and the exercise of authority and performance of duties by the guardian:
(a) Annually [within] , not later than 60 days after the anniversary date of [his appointment;] the appointment of the guardian; and
(b) At such other times as the court may order.
2. The guardian of the person shall give to the guardian of the estate, if any, a copy of each report [within] not later than 30 days after [such report has been] the date the report is filed with the court.
3. The court is not required to hold a hearing or enter an order regarding the report.
Sec. 84. NRS 159.085 is hereby amended to read as follows:
159.085 1. [Within] Not later than 60 days after the date of [his appointment,] the appointment of a general or special guardian of the estate or, if necessary, such further time as the court may allow, [a guardian of the estate] the guardian shall make and file in the guardianship proceeding a verified inventory of all of the property of the ward which comes to [his] the possession or knowledge [.] of the guardian.
2. A temporary guardian of the estate who is not appointed as the general or special guardian shall file an inventory with the court by not later than the date on which the temporary guardian files a final accounting as required pursuant to NRS 159.177.
3. The guardian shall take and subscribe an oath, which must be endorsed or attached to the inventory, before any person authorized to administer oaths, that the inventory contains a true statement of:
(a) All of the estate of the ward which has come into the possession of the guardian;
(b) All of the money that belongs to the ward; and
(c) All of the just claims of the ward against the guardian.
κ2003 Statutes of Nevada, Page 1788 (CHAPTER 322, AB 365)κ
4. Whenever any property of the ward not mentioned in the inventory comes to the possession or knowledge of a guardian of the estate, [he shall make] the guardian shall:
(a) Make and file in the proceeding a verified supplemental inventory [within] not later than 30 days after the date the property comes to [his] the possession or knowledge of the guardian; or [include]
(b) Include the property in [his] the next accounting.
5. The court may order which of the two methods described in subsection 4 the guardian shall follow.
[3.] 6. The court may order all or any part of the property of the ward appraised as provided in [NRS 144.020, 144.025, 144.030, 144.070 and 144.090.] sections 6 and 7 of this act.
7. If the guardian neglects or refuses to file the inventory within the time required pursuant to subsection 1, the court may, for good cause shown and upon such notice as the court deems appropriate:
(a) Revoke the letters of guardianship and the guardian shall be liable on the bond for any loss or injury to the estate caused by the neglect of the guardian; or
(b) Enter a judgment for any loss or injury to the estate caused by the neglect of the guardian.
Sec. 85. NRS 159.087 is hereby amended to read as follows:
159.087 [Within] Not later than 60 days after the date of [his appointment,] the appointment of a guardian of the estate , the guardian shall cause to be recorded, in the official records of each county in which real property of the ward is [situated] located other than the county in which the guardian is appointed, a copy, certified by the clerk of the court, of the [order of appointment.] letters of guardianship.
Sec. 86. NRS 159.089 is hereby amended to read as follows:
159.089 1. A guardian of the estate shall take possession of [all] :
(a) All of the property of substantial value of the ward [, of rents,] ;
(b) Rents, income, issues and profits from [such] the property, whether accruing before or after the appointment of the guardian [, and of the] ; and
(c) The proceeds from the sale, mortgage, lease or other disposition of [such] the property.
2. The guardian may permit the ward to have possession and control of [such] the personal property and funds as are appropriate to the needs and capacities of the ward.
3. The title to all property of the ward is in the ward and not in the guardian.
4. A guardian shall secure originals, when available, or copies of any:
(a) Contract executed by the ward;
(b) Power of attorney executed by the ward;
(c) Estate planning document prepared by the ward, including, without limitation, a last will and testament, durable power of attorney and revocable trust of the ward;
(d) Revocable or irrevocable trust in which the ward has a vested interest as a beneficiary; and
(e) Writing evidencing a present or future vested interest in any real or intangible property.
Sec. 87. NRS 159.091 is hereby amended to read as follows:
159.091 Upon the filing of a petition in the guardianship proceeding by the guardian, the ward or any other interested person, alleging that any person is indebted to the ward, has or is suspected of having concealed, embezzled, converted or disposed of any property of the ward or has possession or knowledge of any such property or of any writing relating to such property, the court may require [such] the person to appear and answer under oath concerning the matter .
κ2003 Statutes of Nevada, Page 1789 (CHAPTER 322, AB 365)κ
person is indebted to the ward, has or is suspected of having concealed, embezzled, converted or disposed of any property of the ward or has possession or knowledge of any such property or of any writing relating to such property, the court may require [such] the person to appear and answer under oath concerning the matter . [, and proceed as provided in NRS 143.110 and 143.120.]
Sec. 88. NRS 159.093 is hereby amended to read as follows:
159.093 1. A guardian of the estate [shall demand,] :
(a) Shall demand all debts and other choses in action due to the ward; and
(b) With prior approval of the court, may sue for and receive all debts and other choses in action due to the ward.
2. A guardian of the estate, with prior approval of the court by order, may compound or compromise any [such] debt or other chose in action due the ward and give a release and discharge to the debtor or other obligor.
Sec. 89. NRS 159.095 is hereby amended to read as follows:
159.095 1. A guardian of the estate shall appear for and represent the ward in all actions, suits or proceedings to which the ward is a party, unless a guardian ad litem is appointed in the action, suit or proceeding. If a guardian ad litem is appointed in the action, suit or proceeding, the guardian of the estate shall notify the court that the guardian ad litem has been appointed in the action, suit or proceeding.
2. Upon final resolution of the action, suit or proceeding, the guardian of the estate shall notify the court of the outcome of the action, suit or proceeding.
3. If the person of the ward would be affected by the outcome of any action, suit or proceeding, the guardian of the person, if any, should be joined to represent the ward in [such] the action, suit or proceeding.
Sec. 90. NRS 159.105 is hereby amended to read as follows:
159.105 [A]
1. Other than claims for attorneys fees that are subject to the provisions of subsection 3, a guardian of the estate may pay from the guardianship estate [his own] the following claims without complying with the provisions of this section and NRS 159.107 and 159.109:
(a) The guardians claims against the ward or the estate ; and
(b) Any claims accruing after the appointment of the guardian [arising] which arise from contracts entered into by the guardian on behalf of the ward . [, without complying with NRS 159.105 to 159.109, inclusive, but such]
2. The guardian shall report all claims and the payment [thereof shall be reported by the guardian in his account made and filed] of claims made pursuant to subsection 1 in the account that the guardian makes and files in the guardianship proceeding following each [such] payment.
3. Claims for attorneys fees which are associated with the commencement and administration of the guardianship of the estate:
(a) May be made at the time of the appointment of the guardian of the estate or any time thereafter; and
(b) May not be paid from the guardianship estate unless the payment is made in compliance with the provisions of this section and NRS 159.107 and 159.109.
κ2003 Statutes of Nevada, Page 1790 (CHAPTER 322, AB 365)κ
Sec. 91. NRS 159.109 is hereby amended to read as follows:
159.109 1. A guardian of the estate shall examine each claim presented to him [.] for payment. If the guardian is satisfied that the claim is appropriate and just, [he] the guardian shall:
(a) Endorse upon [it] the claim the words examined and allowed and the date;
(b) Officially subscribe [such] the notation; and
(c) Pay the claim from the guardianship estate.
2. If the guardian is not satisfied that the claim is just, [he] the guardian shall:
(a) Endorse upon [it] the claim the words examined and rejected and the date;
(b) Officially subscribe [such] the notation; and
(c) [Within] Not later than 60 days after the date the claim was presented to the guardian, notify the claimant by personal service or by mailing a notice by registered or certified mail that the claim was rejected.
Sec. 92. NRS 159.111 is hereby amended to read as follows:
159.111 1. If, [within] not later than 60 days after the date the claim was presented to the guardian, a rejected claim is returned to the claimant or the guardian of the estate fails to approve or reject and return a claim, the claimant, before the claim is barred by the statute of limitations, may:
(a) File a petition for approval of the [claim or a like] rejected claim in the guardianship proceeding for summary determination by the court; or
(b) Commence an action or suit on the claim [. Such action or suit shall be brought] against the guardian in [his] the guardians fiduciary capacity and any judgment or decree obtained [shall] must be satisfied only from property of the ward.
2. If a claimant files a request for approval of a rejected claim or a like claim in the guardianship proceeding for summary determination, the claimant shall serve notice [of such filing] that he has filed such a request on the guardian. [Within]
3. Not later than 20 days after [such] the date of service , the guardian may serve notice of objection to summary determination on the claimant . [and file a copy of such notice in the guardianship proceeding.] If the guardian serves [such] the claimant with notice and files [such copy,] a copy of the notice with the court, the court shall not enter a summary determination [shall not be had.] and the claimant may commence an action or suit on the claim against the guardian in the guardians fiduciary capacity as provided in subsection 1.
4. If the guardian fails to serve [such notice and file such copy] the claimant with notice of objection to summary determination or file a copy of the notice with the court, the court [, after notice to the claimant and guardian, shall hear] shall:
(a) Hear the matter [,] and determine the claim or like claim in a summary manner ; and [make an]
(b) Enter an order allowing or rejecting the claim, either in whole or in part. No appeal may be taken from [such order.
3. If the guardian rejects summary determination of the claim, the claimant may then commence an action or suit on the claim as provided in subsection 1.] the order.
κ2003 Statutes of Nevada, Page 1791 (CHAPTER 322, AB 365)κ
Sec. 93. NRS 159.113 is hereby amended to read as follows:
159.113 1. [At any time after his appointment,] Before taking any of the following actions, the guardian [of the estate may] shall petition the court for an order authorizing the guardian to:
(a) Invest the property of the ward.
(b) Continue the business of the ward.
(c) Borrow money for the ward.
(d) [Enter] Except as otherwise provided in NRS 159.079, enter into contracts for the ward or complete the performance of contracts of the ward.
(e) Make gifts from the wards estate or make expenditures for the wards relatives.
(f) Sell, lease, place into any type of trust or surrender any property of the ward.
(g) Exchange or partition the wards property.
(h) Obtain advice, instructions and approval of any other proposed act of the guardian relating to the wards property.
(i) Release the power of the ward as trustee, personal representative, custodian for a minor or guardian.
(j) Exercise or release the power of the ward as a donee of a power of appointment.
(k) Change the state of residence or domicile of the ward.
(l) Exercise the right of the ward to take under or against a will.
(m) Transfer to a trust created by the ward any property unintentionally omitted from the trust.
(n) Submit a revocable trust to the jurisdiction of the court if:
(1) The ward or the spouse of the ward, or both, are the grantors and sole beneficiaries of the income of the trust; or
(2) The trust was created by the court.
(o) Take any other action which the guardian deems would be in the best interests of the ward.
2. The petition must be signed by the guardian and contain:
(a) The name, age, residence and address of the ward.
(b) A concise statement as to the condition of the wards estate.
(c) A concise statement as to the advantage to the ward of or the necessity for the proposed action.
(d) The terms and conditions of any proposed sale, lease, partition, trust, exchange or investment, and a specific description of any property involved.
3. Any of the matters set forth in subsection 1 may be consolidated in one petition, and the court may enter one order authorizing or directing the guardian to do one or more of those acts.
4. A petition filed pursuant to paragraphs (b) and (d) of subsection 1 may be consolidated in and filed with the petition for the appointment of the guardian, and if the guardian is appointed the court may enter additional orders authorizing the guardian to continue the business of the ward, enter contracts for the ward, or to complete contracts of the ward.
Sec. 94. NRS 159.115 is hereby amended to read as follows:
159.115 1. Upon the filing of any petition under NRS 159.113 [,] or section 47.5 of this act, or any account, notice must be given [in accordance with NRS 155.010 to 155.090, inclusive.] :
(a) At least 10 days before the date set for the hearing, by mailing a copy of the notice by regular mail to the residence, office or post office address of each person required to be notified pursuant to subsection 3;
κ2003 Statutes of Nevada, Page 1792 (CHAPTER 322, AB 365)κ
(b) At least 10 days before the date set for the hearing, by personal service;
(c) If the address or identity of the person is not known and cannot be ascertained with reasonable diligence, by publishing a copy of the notice in a newspaper of general circulation in the county where the hearing is to be held, the last publication of which must be published at least 10 days before the date set for the hearing; or
(d) In any other manner ordered by the court, for good cause shown.
2. The notice must:
(a) Give the name of the ward.
(b) Give the name of the petitioner.
(c) Give the date, time and place of the hearing.
(d) State the nature of the petition.
(e) Refer to the petition for further particulars, and notify all persons interested to appear at the time and place mentioned in the notice and show cause why the court order should not be made.
[2.] 3. At least 10 days before the [day of] date set for the hearing, the petitioner shall cause a copy of the notice to be mailed to the following:
(a) Any minor ward [over the age of] who is 14 years [.] of age or older or the parent or legal guardian of any minor ward who is less than 14 years of age.
(b) The spouse of the ward and other heirs [at law and next of kin,] of the ward who are related within the second degree of consanguinity so far as known to the petitioner . [, of the ward.]
(c) The guardian of the person of the ward, if [he] the guardian is not the petitioner.
(d) Any person or [institution] care provider having the care, custody or control of the ward.
(e) Any office of the Department of Veterans Affairs in this state if the ward is receiving any payments or benefits through the Department of Veterans Affairs.
(f) Any other interested person or his attorney who has filed a request for notice in the guardianship proceeding and served a copy of the request upon the guardian. The request for notice must state the interest of the person filing the request, and his name and address, or that of his attorney. If the notice so requests, copies of all petitions and accounts must be mailed to [that] the interested person or his attorney.
4. An interested person who is entitled to notice pursuant to subsection 3 may, in writing, waive notice of the hearing of a petition.
5. Proof of giving notice must be:
(a) Made on or before the date set for the hearing; and
(b) Filed in the guardianship proceeding.
Sec. 95. NRS 159.117 is hereby amended to read as follows:
159.117 1. Upon approval of the court by order, a guardian of the estate may:
(a) Invest the property of the ward, make loans and accept security therefor, in the manner and to the extent authorized by the court.
(b) Exercise options of the ward to purchase or exchange securities or other property.
2. A guardian of the estate may, without securing the prior approval of the court, invest the property of the ward in the following:
κ2003 Statutes of Nevada, Page 1793 (CHAPTER 322, AB 365)κ
(a) Savings accounts in any bank, credit union or savings and loan association in this state, to the extent that [such] the deposits are insured by the Federal Deposit Insurance Corporation, the National Credit Union Share Insurance Fund or a private insurer approved pursuant to NRS 678.755.
(b) Interest-bearing obligations of or fully guaranteed by the United States.
(c) Interest-bearing obligations of the United States Postal Service.
(d) Interest-bearing obligations of the Federal National Mortgage Association.
(e) Interest-bearing general obligations of this state.
(f) Interest-bearing general obligations of any county, city or school district of this state.
(g) Money market mutual funds which are invested only in those instruments listed in paragraphs (a) to (f), inclusive.
3. A guardian of the estate for two or more wards may invest the property of two or more of the wards in property in which each ward whose property is so invested has an undivided interest. The guardian shall keep a separate record showing the interest of each ward in the investment and in the income, profits or proceeds therefrom.
4. Upon approval of the court, for a period authorized by the court, a guardian of the estate may maintain the assets of the ward in the manner in which the ward had invested the assets before the wards incapacity.
Sec. 96. NRS 159.119 is hereby amended to read as follows:
159.119 A guardian of the estate, with prior approval of the court by order, may continue any business of the ward. The order may provide for any one or more of the following:
1. The conduct or reorganization of the business solely by the guardian, jointly by the guardian with one or more of the wards partners , shareholders, members, or joint venturers or as a corporation or limited-liability company of which the ward is or becomes a shareholder [.] or member.
2. The extent to which the guardian may incur liability of the estate of the ward for obligations arising from the continuation of the business.
3. Whether liabilities incurred in the conduct of the business are to be chargeable solely to the part of the estate of the ward allocated for use in the business or to the estate as a whole.
4. The period of time during which the business may be conducted.
5. [Such] Any other conditions, restrictions, regulations and requirements as the court considers proper.
Sec. 97. NRS 159.125 is hereby amended to read as follows:
159.125 1. A guardian of the estate, with prior approval of the court by order, may, from the estate of the ward which is not necessary for the proper care, maintenance, education and support of the ward and of persons to whom the ward owes a legal duty of support:
[1.] (a) Make reasonable gifts directly, or into a trust, on behalf of the ward.
[2.] (b) Provide for or contribute to the care, maintenance, education or support of persons who are or have been related to the ward by blood , adoption or marriage.
[3.] (c) Pay or contribute to the payment of reasonable expenses of remedial care and treatment for and the funeral and burial of persons who are or have been related to the ward by blood , adoption or marriage.
κ2003 Statutes of Nevada, Page 1794 (CHAPTER 322, AB 365)κ
2. Any petition filed by a guardian pursuant to this section must state whether:
(a) The purpose of the guardian in seeking approval to make the gift, payment or contribution is to dispose of assets to make the ward eligible for Medicaid; and
(b) Making the gift, payment or contribution will cause the ward to become eligible for Medicaid.
Sec. 98. NRS 159.132 is hereby amended to read as follows:
159.132 1. Any interest of a ward in real or personal property, including interests in contracts and choses in action, may be sold pursuant to this chapter.
2. The interest of a ward in a partnership or limited-liability company may be sold as personal property, and another partner or member may be the purchaser.
Sec. 99. NRS 159.134 is hereby amended to read as follows:
159.134 1. All sales of real [or personal] property of a ward must be [made in the same manner as the property of the estate of a decedent is sold under NRS 148.060 and 148.080 to 148.400, inclusive.] :
(a) Reported to the court; and
(b) Confirmed by the court before the title to the real property passes to the purchaser.
2. The report and a petition for confirmation of the sale must be filed with the court not later than 30 days after the date of each sale.
3. The court shall set the date of the hearing and give notice of the hearing in the manner required pursuant to NRS 159.115 or as the court may order.
4. An interested person may file written objections to the confirmation of the sale. If such objections are filed, the court shall conduct a hearing regarding those objections during which the interested person may offer witnesses in support of the objections.
5. Before the court confirms a sale, the court must find that notice of the sale was given in the manner required pursuant to sections 16, 17 and 18 of this act.
Sec. 100. NRS 159.161 is hereby amended to read as follows:
159.161 1. Petitions to secure court approval of any lease [shall describe] :
(a) Must include the parcel number assigned to the property to be leased [with reasonable certainty] and the physical address of the property, if any; and
(b) Must set forth the proposed fixed rental, the duration of the lease and a brief description of the duties of the proposed lessor and lessee.
2. Upon the hearing of [such petition,] a petition pursuant to subsection 1, if the court is satisfied that [such] the lease is for the best interests of the ward and [his estate, it] the estate of the ward, the court shall enter an order authorizing the guardian to enter into [such] the lease.
Sec. 101. NRS 159.165 is hereby amended to read as follows:
159.165 1. If the property to be leased consists of mining claims, an interest in [such] the mining claims, property worked as a mine or lands containing oil, gas, steam, gravel or any minerals, the court may authorize the guardian to enter into a lease which provides for payment by the lessee of a royalty, in money or in kind, in lieu of a fixed rental. The court may also authorize the guardian to enter into a lease which provides for a pooling agreement or authorizes the lessee to enter into pooling or other cooperative agreements with lessees, operators or owners of other lands and minerals for the purpose of bringing about the cooperative development and operation of any mine, oil field or other unit of which the wards property is a part.
κ2003 Statutes of Nevada, Page 1795 (CHAPTER 322, AB 365)κ
agreement or authorizes the lessee to enter into pooling or other cooperative agreements with lessees, operators or owners of other lands and minerals for the purpose of bringing about the cooperative development and operation of any mine, oil field or other unit of which the wards property is a part.
2. If the proposed lease contains an option to purchase, and the property to be sold under the option consists of mining claims, property worked as a mine, or interests in oil, gas, steam, gravel or any mineral, which has a speculative or undefined market value, the court may authorize the guardian to enter into such a lease and sales agreement or give an option to purchase without requiring the property to be sold at public auction or by private sale in the manner required by this chapter for sales of other real property.
3. If the petition filed pursuant to this section requests authority to enter into a lease with an option to purchase, in addition to the notice required by [NRS 159.115,] section 43 of this act, the guardian shall publish a copy of the notice at least twice, the first publication to be at least 10 days prior to the date set for the hearing and the second publication to be not earlier than [1 week] 7 days after the date of the first publication. [Such notice shall] The notice must be published in [a] :
(a) A newspaper that is published in the county where the property is [situated, or if] located; or
(b) If no newspaper is published in [such county, then in] the county where the property is located, a newspaper of general circulation in [such county,] that county which is designated by the court.
Sec. 102. NRS 159.169 is hereby amended to read as follows:
159.169 1. A guardian of the estate may petition the court for advice and instructions in any matter concerning:
(a) The administration of the wards estate;
(b) The priority of paying claims;
(c) The propriety of making any proposed disbursement of funds;
(d) Elections for or on behalf of the ward to take under the will of a deceased spouse;
(e) Exercising for or on behalf of the ward [any] :
(1) Any options or other rights under any policy of insurance or annuity; and
(2) The right to take under a will, trust or other devise;
(f) The propriety of exercising any right exercisable by owners of property; and
(g) Matters of a similar nature.
2. Any act done by a guardian of the estate after securing court approval or instructions with reference to the matters set forth in subsection 1 is binding upon the ward or those claiming through the ward, and the guardian is not personally liable for performing any such act.
3. If any [other party] interested person may be adversely affected by the proposed act of the guardian, the court shall direct the issuance of a citation to that [party,] interested person, to be served upon the person at least 20 days before the hearing on the petition. The citation must be served in the same manner that summons is served in a civil action and must direct the [party] interested person to appear and show cause why the proposed act of the guardian should not be authorized or approved. All [parties] interested persons so served are bound by the order of the court which is final and conclusive, subject to any right of appeal.
κ2003 Statutes of Nevada, Page 1796 (CHAPTER 322, AB 365)κ
Sec. 103. NRS 159.173 is hereby amended to read as follows:
159.173 [In case of the sale or other transfer by] If a guardian of the estate [of] sells or transfers any real or personal property that is specifically devised or bequeathed by the ward [who] or which is held by the ward as a joint tenancy, designated as being held by the ward in trust for another person or held by the ward as a revocable trust and the ward was competent to make a will or create the interest at the time [he executed] the will or interest was created, but was not competent to make a will or create the interest at the time of the sale or transfer and never executed a valid later will [after removal of the legal disability,] or changed the manner in which the ward held the interest, the devisee , beneficiary or legatee may [at his option] elect to take the proceeds of [such] the sale or other transfer [with the incidents of a] of the interest, specific devise or bequest.
Sec. 104. NRS 159.177 is hereby amended to read as follows:
159.177 A guardian of the estate or special guardian who is authorized to manage the wards property shall make and file a verified account in the guardianship proceeding:
1. Annually [within] , not later than 60 days after the anniversary date of [his appointment, unless,] the appointment of the guardian, unless the court [otherwise orders.] orders such an account to be made and filed at a different interval upon a showing of good cause and with the appropriate protection of the interests of the ward.
2. Upon filing [his] a petition to resign and before [his] the resignation is accepted by the court.
3. Within 30 days after the date of his removal [.] , unless the court authorizes a longer period.
4. Within 90 days after the date of termination of the guardianship [.
5. At such other times] or the death of the ward, unless the court authorizes a longer period.
5. At any other time as required by law or as the court may order.
Sec. 105. NRS 159.179 is hereby amended to read as follows:
159.179 1. An account made and filed by a guardian of the estate or special guardian who is authorized to manage the wards property must include , without limitation, the following information:
(a) The period 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.] regarding the account.
(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] Any 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 retained by the guardian for examination [under the procedures provided in NRS 150.150.] by the court or an interested person. Unless ordered by the court, the guardian is not required to file such receipts or vouchers with the court.
κ2003 Statutes of Nevada, Page 1797 (CHAPTER 322, AB 365)κ
4. On the courts own motion or on ex parte application by an interested person which demonstrates good cause, the court may:
(a) Order production of the receipts or vouchers that support the account; and
(b) Examine or audit the receipts or vouchers that support the account.
5. If a receipt or voucher is lost or for good reason cannot be produced on settlement of an account, payment may be proved by the oath of at least one competent witness. The guardian must be allowed expenditures if it is proven that:
(a) The receipt or voucher for any disbursement has been lost or destroyed so that it is impossible to obtain a duplicate of the receipt or voucher; and
(b) Expenses were paid in good faith and were valid charges against the estate.
Sec. 106. NRS 159.181 is hereby amended to read as follows:
159.181 1. Any interested person [interested in the guardianship] may appear at the hearing and object to the account or file written objections [thereto] to the account prior to the hearing.
2. If there are no objections to the account or if the court overrules [such] any objections , the court may enter an order allowing and confirming the account.
[2. The]
3. Except as otherwise provided in this subsection, the order settling and allowing the account [, when it becomes final,] is a final order and is conclusive against all persons interested in the guardianship proceeding [.] , including, without limitation, heirs and assigns. The order is not final against a ward who requests an examination of any account after the wards legal disability is removed.
4. If the court finds that an interested person who objected to the account did not object in good faith or in furtherance of the best interests of the ward, the court may order the interested person to pay to the estate of the ward all or part of the expenses associated with the objection.
Sec. 107. NRS 159.183 is hereby amended to read as follows:
159.183 [A guardian shall]
1. Subject to the discretion and approval of the court, a guardian must be allowed [reasonable] :
(a) Reasonable compensation for [his services as guardian and the necessary] the guardians services;
(b) Necessary and reasonable expenses incurred in exercising [his] the authority and performing [his duties . The guardian shall be allowed reasonable] the duties of a guardian; and
(c) Reasonable expenses incurred in retaining accountants, attorneys, appraisers or other professional services.
2. Reasonable compensation and services [will] must be based upon similar services performed for persons who are not under a legal disability. In determining whether compensation is reasonable, the court may consider:
(a) The nature of the guardianship;
(b) The type, duration and complexity of the services required; and
(c) Any other relevant factors.
3. In the absence of an order of the court pursuant to this chapter shifting the responsibility of the payment of compensation and expenses, the payment of compensation and expenses must be paid from the estate of the ward.
κ2003 Statutes of Nevada, Page 1798 (CHAPTER 322, AB 365)κ
the payment of compensation and expenses must be paid from the estate of the ward. In evaluating the ability of a ward to pay such compensation and expenses, the court may consider:
(a) The nature, extent and liquidity of the wards assets;
(b) The disposable net income of the ward;
(c) Any foreseeable expenses; and
(d) Any other factors that are relevant to the duties of the guardian pursuant to NRS 159.079 or 159.083.
Sec. 108. NRS 159.185 is hereby amended to read as follows:
159.185 [1.] The court may remove a guardian if the court determines that:
[(a)] 1. The guardian has become [disqualified,] mentally incompetent, unsuitable or otherwise incapable of exercising [his] the authority and performing [his] the duties of a guardian as provided by law;
[(b)] 2. The guardian is no longer qualified to act as a guardian pursuant to NRS 159.059;
3. The guardian has filed for bankruptcy within the previous 5 years;
4. The guardian of the estate has mismanaged the estate of the ward;
[(c)] 5. The guardian has negligently failed to perform any duty as provided by law or by any order of the court and:
(a) The negligence resulted in injury to the ward or his estate; or
(b) There was a substantial likelihood that the negligence would result in injury to the ward or his estate;
6. The guardian has intentionally failed to perform any duty as provided by law or by any lawful order of the court [; or
(d)] , regardless of injury; or
7. The best [interest] interests of the ward will be served by the appointment of another person as guardian.
[2. Upon its own motion or upon a petition filed by a ward who is a minor 14 years of age or older, by any person for a ward who is an incompetent or a minor under 14 years of age, or by any other interested person, the court may make an order directing the issuance of a citation requiring the guardian to appear and show cause why he should not be removed. The citation shall require the guardian to appear and show cause within the applicable period of time required for appearance after service of summons, and shall be served and returned as summons is served and returned in a civil action.]
Sec. 109. NRS 159.187 is hereby amended to read as follows:
159.187 1. When a guardian dies [,] or is removed by order of [the court or his resignation is accepted by] the court, the court, upon [its] the courts own motion or upon a petition filed by any interested person, may appoint another guardian in the same manner and subject to the same requirements as are provided by law for an original appointment of a guardian.
2. If a guardian of the person is appointed for a ward pursuant to this section, the ward must be served with the petition. If the ward does not object to the appointment, the ward is not required to attend the hearing.
Sec. 110. NRS 159.1905 is hereby amended to read as follows:
159.1905 1. A ward, the guardian or another person may petition the court for the termination or modification of a guardianship. The petition must state or contain:
[1.] (a) The name and address of the petitioner.
κ2003 Statutes of Nevada, Page 1799 (CHAPTER 322, AB 365)κ
[2.] (b) The relationship of the petitioner to the ward.
(c) The name, age and address of the ward, if the ward is not the petitioner, or the date of death of the ward if the ward is deceased.
[3.] (d) The name and address of the guardian, if the guardian is not the petitioner.
[4.] (e) The reason for termination or modification.
[5.] (f) Whether the termination or modification is sought for a guardianship of the person, of the estate, or of the person and estate.
(g) A general description and the value of the remaining property of the ward and the proposed disposition of that property.
2. Upon the filing of the petition, the court may appoint an attorney to represent the ward if:
(a) The ward is unable to retain an attorney; and
(b) The court determines that the appointment is necessary to protect the interests of the ward.
3. The petitioner has the burden of proof to show by clear and convincing evidence that the termination or modification of the guardianship of the person, of the estate, or of the person and estate is in the best interests of the ward.
4. The court shall issue a citation to the guardian and all interested persons requiring them to appear and show cause why termination or modification of the guardianship should not be granted.
5. If the court finds that the petitioner did not file a petition for termination or modification in good faith or in furtherance of the best interests of the ward, the court may:
(a) Disallow the petitioner from petitioning the court for attorneys fees from the estate of the ward; and
(b) Impose sanctions on the petitioner in an amount sufficient to reimburse the estate of the ward for all or part of the expenses and for any other pecuniary losses which are incurred by the estate of the ward and associated with the petition.
Sec. 111. NRS 159.191 is hereby amended to read as follows:
159.191 1. A guardianship of the person is terminated:
[1. If for a minor, when he reaches the age of majority according to the law of his domicile;
2.] (a) By the death of the ward;
[3.] (b) Upon the wards change of domicile to a place outside this state and the transfer of jurisdiction to the court having jurisdiction in the new domicile; [or
4.] (c) Upon order of the court, if the court determines that the guardianship no longer is necessary [.] ; or
(d) If the ward is a minor:
(1) On the date on which the ward reaches 18 years of age; or
(2) On the date on which the ward graduates from high school or becomes 19 years of age, whichever occurs sooner, if:
(I) The ward will be older than 18 years of age upon graduation from high school; and
(II) The ward and the guardian consent to continue the guardianship and the consent is filed with the court at least 14 days before the date on which the ward will become 18 years of age.
2. A guardianship of the estate is terminated if the court:
κ2003 Statutes of Nevada, Page 1800 (CHAPTER 322, AB 365)κ
(a) Removes the guardian or accepts the resignation of the guardian and does not appoint a successor guardian; or
(b) Determines that the guardianship is not necessary and orders the guardianship terminated.
3. If the guardianship is of the person and estate, the court may order the guardianship terminated as to the person, the estate , or the person and estate.
Sec. 112. NRS 159.193 is hereby amended to read as follows:
159.193 1. The guardian of the estate is entitled to possession of the wards property and is authorized to perform [his duties as guardian for] the duties of the guardian to wind up the affairs of the guardianship:
(a) For a period [not exceeding 90 days] that is reasonable and necessary after the termination of the guardianship [or until] ;
(b) Except as otherwise provided in paragraph (c) for not more than 90 days after the date of the appointment of [an executor or administrator] a personal representative of the estate of a deceased ward [, to wind up the guardianship affairs. During such time] ; or
(c) Upon approval of the court, for more than 90 days if the guardian is awaiting certification from the appropriate authority acknowledging that the guardian has no further liability for taxes on the estate.
2. To wind up the affairs of the guardianship, the guardian shall:
[1.] (a) Pay all expenses of administration of the guardianship estate, including those incurred in winding up the affairs of the guardianship.
[2.] (b) Complete the performance of any contractual obligations incurred by [him as guardian.
3.] the guardianship estate.
(c) With prior approval of the court, continue any activity that:
(1) The guardian believes is appropriate and necessary; or
(2) Was commenced before the termination of the guardianship.
(d) If the guardianship is terminated for a reason other than the death of the ward, examine and allow and pay, or reject, all claims presented to [him] the guardian prior to the termination of the guardianship for obligations incurred prior to [such] the termination.
Sec. 113. NRS 159.195 is hereby amended to read as follows:
159.195 1. If the guardianship is terminated by reason of the death of the ward [, any] :
(a) Except as otherwise provided in NRS 159.197, the guardian shall report to the personal representative claims which are presented to the guardian, or which have been presented to the guardian but have not been paid, except those incurred in paying the expenses of administration of the guardianship estate and in winding up [its affairs, shall be reported by the guardian to the executor or administrator.] the affairs of the guardianship estate.
(b) Claims which have been allowed by the guardian, but not paid, shall be paid by the [executor or administrator] personal representative in the course of probate in the priority provided by law for payment of claims against a decedent, and shall have the same effect and priority as a judgment against a decedent.
(c) Claims which have been presented and not allowed or rejected shall be acted upon by the [executor or administrator] personal representative in the same manner as other claims against a decedent.
κ2003 Statutes of Nevada, Page 1801 (CHAPTER 322, AB 365)κ
2. The [executor or administrator] personal representative shall be substituted as the party in interest for the guardian in any action commenced or which may be commenced by the creditor pursuant to NRS 159.107, including summary determination, on any claim rejected by the guardian.
Sec. 114. NRS 159.197 is hereby amended to read as follows:
159.197 1. After the winding up of the affairs of the guardianship, the guardian shall deliver physical possession of all of the wards property to the ward, [his executor or administrator] the personal representative or the successor guardian, as the case may be, and obtain a receipt [therefor.] of the delivery of the property.
2. Before the guardian delivers physical possession of the wards property to the personal representative and upon sufficient evidence of prior title, the guardian may petition the court to have the title to the property modified, on a pro rata basis, to reflect the manner in which title was held before the guardianship was established so that the property is distributed to the intended beneficiary or former joint owner of the property.
3. If the guardianship has terminated by reason of the death of the ward, the court, by order, may authorize the guardian to [distribute] handle the deceased wards property in the same manner as authorized by NRS 146.070 [,] or 146.080, if the gross value of the property, less encumbrances, and less fees, costs and expenses that are approved by the court, remaining in the hands of the guardian does not exceed [$50,000, or as authorized by NRS 146.080, if the gross value of the property remaining in the hands of the guardian does not exceed $20,000.] the amount authorized pursuant to NRS 146.070 or 146.080.
Sec. 115. NRS 159.199 is hereby amended to read as follows:
159.199 1. Upon the filing of receipts and vouchers showing compliance with the orders of the court in winding up the affairs of the guardianship, the court shall enter an order discharging the guardian and exonerating [his bond.] the bond of the guardian.
2. A guardian is not relieved of liability for his term as guardian until an order of discharge is entered and filed with the court.
Sec. 116. NRS 159.201 is hereby amended to read as follows:
159.201 [If at any time during the course of the proceedings]
1. The court may grant a summary administration if, at any time, it appears to the court that [,] after payment of all claims and expenses of the guardianship the value of the wards property does not exceed $5,000 . [,]
2. If the court grants a summary administration, the court may:
[1.] (a) Authorize the guardian of the estate or special guardian who is authorized to manage the wards property to convert the property to cash and sell any of the property, with or without notice, as the court may direct. After the payment of all claims and the expenses of the guardianship, the guardian shall deposit the money in savings accounts or invest [it] the money as provided in NRS 159.117, and hold the investment and all interest, issues, dividends and profits for the benefit of the ward. The court may dispense with annual accountings and all other proceedings required by this chapter.
[2.] (b) If the ward is a minor, terminate the guardianship of the estate and direct the guardian to deliver the wards property to the custodial parent [,] or parents, guardian or custodian of the minor to hold, invest or use as the court may order.
κ2003 Statutes of Nevada, Page 1802 (CHAPTER 322, AB 365)κ
3. Whether the court grants a summary administration at the time the guardianship is established or at any other time, the guardian shall file an inventory and record of value with the court.
4. If, at any time, the net value of the estate of the ward exceeds $5,000:
(a) The guardian shall file an amended inventory and accounting with the court;
(b) The guardian shall file annual accountings; and
(c) The court may require the guardian to post a bond.
Sec. 117. NRS 159.205 is hereby amended to read as follows:
159.205 1. Except as otherwise provided in this section or NRS 127.045, [any competent adult person residing in this state may be appointed as the temporary guardian of the person of a minor child residing in this state,] a parent, without the approval of a court, [by an instrument in writing providing for the appointment, executed by both parents if living, not divorced and in legal custody of the minor, otherwise by the parent having legal custody, and acknowledged in the same manner as deeds are acknowledged in this state.] may appoint in writing a short-term guardianship for an unmarried minor child if the parent has legal custody of the minor child.
2. The appointment of a short-term guardianship is effective for a minor who is 14 years of age or older only if the minor provides written consent to the guardianship.
3. The appointment of a short-term guardian does not affect the rights of the other parent of the minor.
4. A parent shall not appoint a short-term guardian for a minor child if the minor child has another parent:
(a) Whose parental rights have not been terminated;
(b) Whose whereabouts are known; and
(c) Who is willing and able to make and carry out daily child care decisions concerning the minor,
unless the other parent of the minor child provides written consent to the appointment.
5. The written instrument appointing a short-term guardian becomes effective immediately upon execution and must [contain a provision for its expiration on a date not more than 6 months after the date of execution unless renewed by an acknowledged writing before its expiration date. If such a provision is not included in the instrument, the instrument expires by operation of law 6 months after the date of its execution.
3.] include, without limitation:
(a) The date on which the guardian is appointed;
(b) The name of the parent who appointed the guardian, the name of the minor child for whom the guardian is appointed and the name of the person who is appointed as the guardian; and
(c) The signature of the parent and the guardian in the presence of a notary public acknowledging the appointment of the guardian. The parent and guardian are not required to sign and acknowledge the instrument in the presence of the other.
6. The short-term guardian appointed pursuant to this section serves as guardian of the minor for 6 months, unless the written instrument appointing the guardian specifies a shorter term or specifies that the guardianship is to terminate upon the happening of an event that occurs sooner than 6 months.
κ2003 Statutes of Nevada, Page 1803 (CHAPTER 322, AB 365)κ
guardianship is to terminate upon the happening of an event that occurs sooner than 6 months.
7. Only one written instrument appointing a short-term guardian for the minor child may be effective at any given time.
8. The appointment of a [temporary] short-term guardian pursuant to this section:
(a) May be terminated by an instrument in writing signed by either parent if that parent has not been deprived of the legal custody of the minor.
(b) Is terminated by any order of a court of competent jurisdiction that appoints a guardian.
Sec. 118. 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 or section 36 of this act for the removal of the guardian of an older person, or the termination or modification of that guardianship, if, based on its investigation, the Aging Services Division or the countys office of protective services has reasonable cause to believe that the guardian is abusing, neglecting, exploiting or isolating the older person in violation of NRS 200.5091 to 200.50995, inclusive.
Sec. 119. NRS 159.029 is hereby repealed.
Sec. 120. The amendatory provisions of this act apply to any proceeding or matter commenced or undertaken on or after October 1, 2003.
________
Assembly Bill No. 516Committee on Taxation
CHAPTER 323
AN ACT relating to taxation; revising the formula for the distribution among counties of revenue from a certain additional tax on certain motor vehicle fuel; and providing other matters properly relating thereto.
[Approved: May 29, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 365.196 is hereby amended to read as follows:
365.196 1. The receipts of the tax as levied in NRS 365.192 must be allocated monthly by the Department to the counties in proportion to the number of gallons of fuel that are sold to the retailers in each county pursuant to the information contained in the statements provided to the Department pursuant to NRS 365.192.
2. [Each county] The Department must apportion the receipts of that tax among the county, for unincorporated areas of the county, and each incorporated city in the county. The county and each city are respectively entitled to receive each month that proportion of those receipts which its total population bears to the total population of the county.
3. [During the month immediately preceding each January 1 and July 1, the county treasurer of each county shall, when necessary and after a hearing, adopt a regulation which provides for the accurate apportionment of those receipts in the county during the ensuing 6 months.
κ2003 Statutes of Nevada, Page 1804 (CHAPTER 323, AB 516)κ
adopt a regulation which provides for the accurate apportionment of those receipts in the county during the ensuing 6 months.
4.] The money apportioned to the county or a city must be used by it solely to repair or restore existing paved roads, streets and alleys, other than those maintained by the Federal Government and this state, by resurfacing, overlaying, resealing or other such customary methods.
Sec. 2. NRS 365.550 is hereby amended to read as follows:
365.550 1. [The] Except as otherwise provided in subsection 2, the receipts of the tax levied pursuant to NRS 365.180 must be allocated monthly by the Department to the counties using the following formula:
(a) Determine the average monthly amount each county received in the fiscal year ending on June 30, [2001,] 2003, and allocate to each county that amount, or if the total amount to be allocated is less than that amount, allocate to each county a percentage of the total amount to be allocated that is equal to the percentage of the total amount allocated to that county in the fiscal year ending on June 30, [2001;
(b) Determine for each county an amount from the total amount to be allocated using the following formula:
(1) Two-thirds in proportion to population; and
(2) One-third in proportion to road mileage and street mileage of improved roads or streets maintained by the county or an incorporated city located within the county,
and compare that amount to the amount allocated to the county pursuant to paragraph (a);
(c) Identify each county for which the amount determined pursuant to paragraph (b) is greater than the amount allocated to the county pursuant to paragraph (a); and
(d) Allocate to any county which is identified pursuant to paragraph (c), using the formula set forth in paragraph (b), any amount from the tax levied pursuant to NRS 365.180 that remains after the allocation required pursuant to paragraph (a).
2. Within 10 calendar days after June 1] 2003;
(b) If the total amount to be allocated is greater than the average monthly amount all counties received in the fiscal year ending on June 30, 2003, determine for each county an amount from the total amount to be allocated using the following formula:
(1) Multiply the countys percentage share of the total state population by 2;
(2) Add the percentage determined pursuant to subparagraph (1) to the countys percentage share of total mileage of improved roads or streets maintained by the county or an incorporated city located within the county;
(3) Divide the sum of the percentages determined pursuant to subparagraph (2) by 3; and
(4) Multiply the total amount to be allocated by the percentage determined pursuant to subparagraph (3);
(c) Identify each county for which the amount determined pursuant to paragraph (b) is greater than the amount allocated to the county pursuant to paragraph (a) and:
(1) Subtract the amount determined pursuant to paragraph (a) from the amount determined pursuant to paragraph (b); and
(2) Add the amounts determined pursuant to subparagraph (1) for all counties;
κ2003 Statutes of Nevada, Page 1805 (CHAPTER 323, AB 516)κ
(d) Identify each county for which the amount determined pursuant to paragraph (b) is less than or equal to the amount allocated to the county pursuant to paragraph (a) and:
(1) Subtract the amount determined pursuant to paragraph (b) from the amount determined pursuant to paragraph (a); and
(2) Add the amounts determined pursuant to subparagraph (1) for all counties;
(e) Subtract the amount determined pursuant to subparagraph (2) of paragraph (d) from the amount determined pursuant to subparagraph (2) of paragraph (c);
(f) Divide the amount determined pursuant to subparagraph (1) of paragraph (c) for each county by the sum determined pursuant to subparagraph (2) of paragraph (c) for all counties to determine each countys percentage share of the sum determined pursuant to subparagraph (2) of paragraph (c); and
(g) In addition to the allocation made pursuant to paragraph (a), allocate to each county that is identified pursuant to paragraph (c) a percentage of the total amount determined pursuant to paragraph (e) that is equal to the percentage determined pursuant to paragraph (f).
2. At the end of each fiscal year, the Department shall:
(a) [Project] Determine the total amount [that each county will be allocated] to be allocated to all counties pursuant to subsection 1 for the current fiscal year [.] ; and
(b) Use the proceeds of the tax paid by a dealer, supplier or user for June of the current fiscal year to allocate to each county an amount determined pursuant to subsection 3.
3. If the total amount to be allocated to all the counties [will] determined pursuant to paragraph (a) of subsection 2:
(a) Does not exceed the total amount that was received by all the counties for the fiscal year ending on June 30, [2001,] 2003, the Department shall adjust the final monthly allocation to be made to each county so that each county is allocated a percentage of the total amount to be allocated that is equal to the percentage of the total amount allocated to that county in the fiscal year ending on June 30, [2001.
(c) If a county receives an allocation pursuant to paragraph (d) of subsection 1, determine whether the total monthly allocations projected to be made to that county pursuant to subsection 1 for the current fiscal year exceed the total amount the county received in the fiscal year ending on June 30, 2001. If the total monthly allocations projected to be made to the county do not exceed the total amount the county received in the fiscal year ending on June 30, 2001, the Department shall adjust the final monthly allocation to be made to the county for the current fiscal year so that the total amount allocated to the county for the current fiscal year equals the total amount the county received in the fiscal year ending on June 30, 2001.
3.] 2003.
(b) Exceeds the total amount that was received by all counties for the fiscal year ending on June 30, 2003, the Department shall:
(1) Identify the total amount allocated to each county for the fiscal year ending on June 30, 2003, and the total amount for the current fiscal year determined pursuant to paragraph (a) of subsection 2;
(2) Apply the formula set forth in paragraph (b) of subsection 1 using the amounts in subparagraph (1), instead of the monthly amounts, to determine the total allocations to be made to the counties for the current fiscal year; and
κ2003 Statutes of Nevada, Page 1806 (CHAPTER 323, AB 516)κ
determine the total allocations to be made to the counties for the current fiscal year; and
(3) Adjust the final monthly allocation to be made to each county to ensure that the total allocations for the current fiscal year equal the amounts determined pursuant to subparagraph (2).
4. Of the money allocated to each county pursuant to the provisions of subsections 1 [and 2:] , 2 and 3:
(a) An amount equal to that part of the allocation which represents 1.25 cents of the tax per gallon must be used exclusively for the service and redemption of revenue bonds issued pursuant to chapter 373 of NRS, for the construction, maintenance and repair of county roads, and for the purchase of equipment for that construction, maintenance and repair, under the direction of the boards of county commissioners of the several counties, and must not be used to defray expenses of administration; and
(b) An amount equal to that part of the allocation which represents 2.35 cents of the tax per gallon must be allocated to the county, if there are no incorporated cities in the county, or to the county and any incorporated cities in the county, if there is at least one incorporated city in the county, pursuant to the following formula:
(1) One-fourth in proportion to total area.
(2) One-fourth in proportion to population.
(3) One-fourth in proportion to road mileage and street mileage of nonfederal aid primary roads.
(4) One-fourth in proportion to vehicle miles of travel on nonfederal aid primary roads.
For the purpose of applying the formula, the area of the county excludes the area included in any incorporated city.
[4.] 5. The amount allocated to the counties and incorporated cities pursuant to subsections 1 [, 2 and 3] to 4, inclusive, must be remitted monthly. The State Controller shall draw his warrants payable to the county treasurer of each of the several counties and the city treasurer of each of the several incorporated cities, as applicable, and the State Treasurer shall pay the warrants out of the proceeds of the tax levied pursuant to NRS 365.180.
[5.] 6. The formula computations must be made as of July 1 of each year by the Department, based on estimates which must be furnished by the Department of Transportation and, if applicable, any adjustments to the estimates determined to be appropriate by the Committee pursuant to subsection [9.] 10. Except as otherwise provided in subsection [9,] 10, the determination made by the Department is conclusive.
[6.] 7. The Department of Transportation shall complete:
(a) The estimates of the total mileage of improved roads or streets maintained by each county and incorporated city on or before August 31 of each year.
(b) A physical audit of the information submitted by each county and incorporated city pursuant to subsection [7] 8 at least once every 10 years.
[7.] 8. Each county and incorporated city shall, not later than March 1 of each year, submit a list to the Department of Transportation setting forth:
(a) Each improved road or street that is maintained by the county or city; and
(b) The beginning and ending points and the total mileage of each of those improved roads or streets.
κ2003 Statutes of Nevada, Page 1807 (CHAPTER 323, AB 516)κ
Each county and incorporated city shall, at least 10 days before the list is submitted to the Department of Transportation, hold a public hearing to identify and determine the improved roads and streets maintained by the county or city.
[8.] 9. If a county or incorporated city does not agree with the estimates prepared by the Department of Transportation pursuant to subsection [6,] 7, the county or incorporated city may request that the Subcommittee examine the estimates and recommend an adjustment to the estimates. Such a request must be submitted to the Subcommittee not later than October 15.
[9.] 10. The Subcommittee shall review any request it receives pursuant to subsection [8] 9 and report to the Committee its findings and any recommendations for an adjustment to the estimates it determines is appropriate. The Committee shall hold a public hearing and determine whether an adjustment to the estimates is appropriate on or before December 31 of the year it receives a request pursuant to subsection [8.] 9. Any determination made by the Committee pursuant to this subsection is conclusive.
[10.] 11. The Subcommittee shall monitor the fiscal impact of the formula set forth in this section on counties and incorporated cities and report regularly to the Committee concerning its findings and recommendations regarding that fiscal impact.
[11.] 12. As used in this section:
(a) Committee means the Legislative Committee for Local Government Taxes and Finance established pursuant to NRS 218.53881.
(b) Construction, maintenance and repair includes the acquisition, operation or use of any material, equipment or facility that is used exclusively for the construction, maintenance or repair of a county or city road and is necessary for the safe and efficient use of that road, including, without limitation:
(1) Grades and regrades;
(2) Graveling, oiling, surfacing, macadamizing and paving;
(3) Sweeping, cleaning and sanding roads and removing snow from a road;
(4) Crosswalks and sidewalks;
(5) Culverts, catch basins, drains, sewers and manholes;
(6) Inlets and outlets;
(7) Retaining walls, bridges, overpasses, underpasses, tunnels and approaches;
(8) Artificial lights and lighting equipment, parkways, control of vegetation and sprinkling facilities;
(9) Rights-of-way;
(10) Grade and traffic separators;
(11) Fences, cattle guards and other devices to control access to a county or city road;
(12) Signs and devices for the control of traffic; and
(13) Facilities for personnel and the storage of equipment used to construct, maintain or repair a county or city road.
(c) Improved road or street means a road or street that is, at least:
(1) Aligned and graded to allow reasonably convenient use by a motor vehicle; and
κ2003 Statutes of Nevada, Page 1808 (CHAPTER 323, AB 516)κ
(2) Drained sufficiently by a longitudinal and transverse drainage system to prevent serious impairment of the road or street by surface water.
(d) Subcommittee means the Subcommittee appointed pursuant to NRS 218.53884.
(e) Total mileage of an improved road or street means the total mileage of the length of an improved road or street, without regard to the width of that road or street or the number of lanes it has for vehicular traffic.
Sec. 3. NRS 365.550 is hereby amended to read as follows:
365.550 1. [The] Except as otherwise provided in subsection 2, the receipts of the tax levied pursuant to NRS 365.180 must be allocated monthly by the Department to the counties using the following formula:
(a) Determine the average monthly amount each county received in the fiscal year ending on June 30, [2001,] 2003, and allocate to each county that amount, or if the total amount to be allocated is less than that amount, allocate to each county a percentage of the total amount to be allocated that is equal to the percentage of the total amount allocated to that county in the fiscal year ending on June 30, [2001;
(b) Determine for each county an amount from the total amount to be allocated using the following formula:
(1) Two-thirds in proportion to population; and
(2) One-third in proportion to road mileage and street mileage of improved roads or streets maintained by the county or an incorporated city located within the county,
and compare that amount to the amount allocated to the county pursuant to paragraph (a);
(c) Identify each county for which the amount determined pursuant to paragraph (b) is greater than the amount allocated to the county pursuant to paragraph (a); and
(d) Allocate to any county which is identified pursuant to paragraph (c), using the formula set forth in paragraph (b), any amount from the tax levied pursuant to NRS 365.180 that remains after the allocation required pursuant to paragraph (a).
2. Within 10 calendar days after June 1] 2003;
(b) If the total amount to be allocated is greater than the average monthly amount all counties received in the fiscal year ending on June 30, 2003, determine for each county an amount from the total amount to be allocated using the following formula:
(1) Multiply the countys percentage share of the total state population by 2;
(2) Add the percentage determined pursuant to subparagraph (1) to the countys percentage share of total mileage of improved roads or streets maintained by the county or an incorporated city located within the county;
(3) Divide the sum of the percentages determined pursuant to subparagraph (2) by 3; and
(4) Multiply the total amount to be allocated by the percentage determined pursuant to subparagraph (3);
(c) Identify each county for which the amount determined pursuant to paragraph (b) is greater than the amount allocated to the county pursuant to paragraph (a) and:
(1) Subtract the amount determined pursuant to paragraph (a) from the amount determined pursuant to paragraph (b); and
κ2003 Statutes of Nevada, Page 1809 (CHAPTER 323, AB 516)κ
(2) Add the amounts determined pursuant to subparagraph (1) for all counties;
(d) Identify each county for which the amount determined pursuant to paragraph (b) is less than or equal to the amount allocated to the county pursuant to paragraph (a) and:
(1) Subtract the amount determined pursuant to paragraph (b) from the amount determined pursuant to paragraph (a); and
(2) Add the amounts determined pursuant to subparagraph (1) for all counties;
(e) Subtract the amount determined pursuant to subparagraph (2) of paragraph (d) from the amount determined pursuant to subparagraph (2) of paragraph (c);
(f) Divide the amount determined pursuant to subparagraph (1) of paragraph (c) for each county by the sum determined pursuant to subparagraph (2) of paragraph (c) for all counties to determine each countys percentage share of the sum determined pursuant to subparagraph (2) of paragraph (c); and
(g) In addition to the allocation made pursuant to paragraph (a), allocate to each county that is identified pursuant to paragraph (c) a percentage of the total amount determined pursuant to paragraph (e) that is equal to the percentage determined pursuant to paragraph (f).
2. At the end of each fiscal year, the Department shall:
(a) [Project] Determine the total amount [that each county will be allocated] to be allocated to all counties pursuant to subsection 1 for the current fiscal year [.] ; and
(b) Use the proceeds of the tax paid by a dealer, supplier or user for June of the current fiscal year to allocate to each county an amount determined pursuant to subsection 3.
3. If the total amount to be allocated to all the counties [will] determined pursuant to paragraph (a) of subsection 2:
(a) Does not exceed the total amount that was received by all the counties for the fiscal year ending on June 30, [2001,] 2003, the Department shall adjust the final monthly allocation to be made to each county so that each county is allocated a percentage of the total amount to be allocated that is equal to the percentage of the total amount allocated to that county in the fiscal year ending on June 30, [2001.
(c) If a county receives an allocation pursuant to paragraph (d) of subsection 1, determine whether the total monthly allocations projected to be made to that county pursuant to subsection 1 for the current fiscal year exceed the total amount the county received in the fiscal year ending on June 30, 2001. If the total monthly allocations projected to be made to the county do not exceed the total amount the county received in the fiscal year ending on June 30, 2001, the Department shall adjust the final monthly allocation to be made to the county for the current fiscal year so that the total amount allocated to the county for the current fiscal year equals the total amount the county received in the fiscal year ending on June 30, 2001.
3.] 2003.
(b) Exceeds the total amount that was received by all counties for the fiscal year ending on June 30, 2003, the Department shall:
(1) Identify the total amount allocated to each county for the fiscal year ending on June 30, 2003, and the total amount for the current fiscal year determined pursuant to paragraph (a) of subsection 2;
κ2003 Statutes of Nevada, Page 1810 (CHAPTER 323, AB 516)κ
(2) Apply the formula set forth in paragraph (b) of subsection 1 using the amounts in subparagraph (1), instead of the monthly amounts, to determine the total allocations to be made to the counties for the current fiscal year; and
(3) Adjust the final monthly allocation to be made to each county to ensure that the total allocations for the current fiscal year equal the amounts determined pursuant to subparagraph (2).
4. Of the money allocated to each county pursuant to the provisions of subsections 1 [and 2:] , 2 and 3:
(a) An amount equal to that part of the allocation which represents 1.25 cents of the tax per gallon must be used exclusively for the service and redemption of revenue bonds issued pursuant to chapter 373 of NRS, for the construction, maintenance and repair of county roads, and for the purchase of equipment for that construction, maintenance and repair, under the direction of the boards of county commissioners of the several counties, and must not be used to defray expenses of administration; and
(b) An amount equal to that part of the allocation which represents 2.35 cents of the tax per gallon must be allocated to the county, if there are no incorporated cities in the county, or to the county and any incorporated cities in the county, if there is at least one incorporated city in the county, pursuant to the following formula:
(1) One-fourth in proportion to total area.
(2) One-fourth in proportion to population.
(3) One-fourth in proportion to road mileage and street mileage of nonfederal aid primary roads.
(4) One-fourth in proportion to vehicle miles of travel on nonfederal aid primary roads.
For the purpose of applying the formula, the area of the county excludes the area included in any incorporated city.
[4.] 5. The amount allocated to the counties and incorporated cities pursuant to subsections 1 [, 2 and 3] to 4, inclusive, must be remitted monthly. The State Controller shall draw his warrants payable to the county treasurer of each of the several counties and the city treasurer of each of the several incorporated cities, as applicable, and the State Treasurer shall pay the warrants out of the proceeds of the tax levied pursuant to NRS 365.180.
[5.] 6. The formula computations must be made as of July 1 of each year by the Department, based on estimates which must be furnished by the Department of Transportation and, if applicable, any adjustments to the estimates determined to be appropriate by the Committee pursuant to subsection [9.] 10. Except as otherwise provided in subsection [9,] 10, the determination made by the Department is conclusive.
[6.] 7. The Department of Transportation shall complete:
(a) The estimates of the total mileage of improved roads or streets maintained by each county and incorporated city on or before August 31 of each year.
(b) A physical audit of the information submitted by each county and incorporated city pursuant to subsection [7] 8 at least once every 10 years.
[7.] 8. Each county and incorporated city shall, not later than March 1 of each year, submit a list to the Department of Transportation setting forth:
(a) Each improved road or street that is maintained by the county or city; and
κ2003 Statutes of Nevada, Page 1811 (CHAPTER 323, AB 516)κ
(b) The beginning and ending points and the total mileage of each of those improved roads or streets.
Each county and incorporated city shall, at least 10 days before the list is submitted to the Department of Transportation, hold a public hearing to identify and determine the improved roads and streets maintained by the county or city.
[8.] 9. If a county or incorporated city does not agree with the estimates prepared by the Department of Transportation pursuant to subsection [6,] 7, the county or incorporated city may request that the Committee examine the estimates and recommend an adjustment to the estimates. Such a request must be submitted to the Committee not later than October 15.
[9.] 10. The Committee shall hold a public hearing and review any request it receives pursuant to subsection [8] 9 and determine whether an adjustment to the estimates is appropriate on or before December 31 of the year it receives a request pursuant to subsection [8.] 9. Any determination made by the Committee pursuant to this subsection is conclusive.
[10.] 11. The Committee shall monitor the fiscal impact of the formula set forth in this section on counties and incorporated cities. Biennially, the Committee shall prepare a report concerning its findings and recommendations regarding that fiscal impact and submit the report on or before February 15 of each odd-numbered year to the Director of the Legislative Counsel Bureau for transmittal to the Senate and Assembly Committees on Taxation of the Nevada Legislature for their review.
[11.] 12. As used in this section:
(a) Committee means the Committee on Local Government Finance created pursuant to NRS 354.105.
(b) Construction, maintenance and repair includes the acquisition, operation or use of any material, equipment or facility that is used exclusively for the construction, maintenance or repair of a county or city road and is necessary for the safe and efficient use of that road, including, without limitation:
(1) Grades and regrades;
(2) Graveling, oiling, surfacing, macadamizing and paving;
(3) Sweeping, cleaning and sanding roads and removing snow from a road;
(4) Crosswalks and sidewalks;
(5) Culverts, catch basins, drains, sewers and manholes;
(6) Inlets and outlets;
(7) Retaining walls, bridges, overpasses, underpasses, tunnels and approaches;
(8) Artificial lights and lighting equipment, parkways, control of vegetation and sprinkling facilities;
(9) Rights-of-way;
(10) Grade and traffic separators;
(11) Fences, cattle guards and other devices to control access to a county or city road;
(12) Signs and devices for the control of traffic; and
(13) Facilities for personnel and the storage of equipment used to construct, maintain or repair a county or city road.
(c) Improved road or street means a road or street that is, at least:
κ2003 Statutes of Nevada, Page 1812 (CHAPTER 323, AB 516)κ
(1) Aligned and graded to allow reasonably convenient use by a motor vehicle; and
(2) Drained sufficiently by a longitudinal and transverse drainage system to prevent serious impairment of the road or street by surface water.
(d) Total mileage of an improved road or street means the total mileage of the length of an improved road or street, without regard to the width of that road or street or the number of lanes it has for vehicular traffic.
Sec. 4. 1. This section and section 2 of this act become effective on July 1, 2003.
2. Section 1 of this act becomes effective on October 1, 2003.
3. Section 2 of this act expires by limitation on June 30, 2005.
4. Section 3 of this act becomes effective on July 1, 2005.
________
Senate Bill No. 434Committee on Judiciary
CHAPTER 324
AN ACT relating to exempt property; exempting from execution by creditors certain money held in a trust forming part of a qualified tuition program under certain circumstances; and providing other matters properly relating thereto.
[Approved: May 29, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 21.075 is hereby amended to read as follows:
21.075 1. Execution on the writ of execution by levying on the property of the judgment debtor may occur only if the sheriff serves the judgment debtor with a notice of the writ of execution pursuant to NRS 21.076 and a copy of the writ. The notice must describe the types of property exempt from execution and explain the procedure for claiming those exemptions in the manner required in subsection 2. The clerk of the court shall attach the notice to the writ of execution at the time the writ is issued.
2. The notice required pursuant to subsection 1 must be substantially in the following form:
NOTICE OF EXECUTION
YOUR PROPERTY IS BEING ATTACHED OR
YOUR WAGES ARE BEING GARNISHED
A court has determined that you owe money to ....................(name of person), the judgment creditor. He has begun the procedure to collect that money by garnishing your wages, bank account and other personal property held by third persons or by taking money or other property in your possession.
κ2003 Statutes of Nevada, Page 1813 (CHAPTER 324, SB 434)κ
Certain benefits and property owned by you may be exempt from execution and may not be taken from you. The following is a partial list of exemptions:
1. Payments received under the Social Security Act.
2. Payments for benefits or the return of contributions under the Public Employees Retirement System.
3. Payments for public assistance granted through the Welfare Division of the Department of Human Resources.
4. Proceeds from a policy of life insurance.
5. Payments of benefits under a program of industrial insurance.
6. Payments received as unemployment compensation.
7. Veterans benefits.
8. A homestead in a dwelling or a mobile home, not to exceed $125,000, unless:
(a) The judgment is for a medical bill, in which case all of the primary dwelling, including a mobile or manufactured home, may be exempt.
(b) Allodial title has been established and not relinquished for the dwelling or mobile home, in which case all of the dwelling or mobile home and its appurtenances are exempt, including the land on which they are located, unless a valid waiver executed pursuant to NRS 115.010 is applicable to the judgment.
9. A vehicle, if your equity in the vehicle is less than $4,500.
10. Seventy-five percent of the take-home pay for any pay period, unless the weekly take-home pay is less than 30 times the federal minimum wage, in which case the entire amount may be exempt.
11. Money, not to exceed $500,000 in present value, held [for retirement pursuant to certain arrangements or plans meeting the requirements for qualified arrangements or plans of sections 401 et seq. of the Internal Revenue Code (26 U.S.C. §§ 401 et seq.).] in:
(a) An individual retirement arrangement which conforms with the applicable limitations and requirements of 26 U.S.C. § 408;
(b) A written simplified employee pension plan which conforms with the applicable limitations and requirements of 26 U.S.C. § 408;
(c) A cash or deferred arrangement that is a qualified plan pursuant to the Internal Revenue Code;
(d) A trust forming part of a stock bonus, pension or profit-sharing plan that is a qualified plan pursuant to sections 401 et seq. of the Internal Revenue Code, 26 U.S.C. §§ 401 et seq.; and
(e) A trust forming part of a qualified tuition program pursuant to chapter 353B of NRS, any applicable regulations adopted pursuant to chapter 353B of NRS and section 529 of the Internal Revenue Code, 26 U.S.C. § 529, unless the money is deposited after the entry of a judgment against the purchaser or account owner or the money will not be used by any beneficiary to attend a college or university.
12. All money and other benefits paid pursuant to the order of a court of competent jurisdiction for the support, education and maintenance of a child, whether collected by the judgment debtor or the State.
κ2003 Statutes of Nevada, Page 1814 (CHAPTER 324, SB 434)κ
13. All money and other benefits paid pursuant to the order of a court of competent jurisdiction for the support and maintenance of a former spouse, including the amount of any arrearages in the payment of such support and maintenance to which the former spouse may be entitled.
14. A vehicle for use by you or your dependent which is specially equipped or modified to provide mobility for a person with a permanent disability.
15. A prosthesis or any equipment prescribed by a physician or dentist for you or your dependent.
These exemptions may not apply in certain cases such as a proceeding to enforce a judgment for support of a person or a judgment of foreclosure on a mechanics lien. You should consult an attorney immediately to assist you in determining whether your property or money is exempt from execution. If you cannot afford an attorney, you may be eligible for assistance through ....................(name of organization in county providing legal services to indigent or elderly persons).
PROCEDURE FOR CLAIMING EXEMPT PROPERTY
If you believe that the money or property taken from you is exempt, you must complete and file with the clerk of the court a notarized affidavit claiming the exemption. A copy of the affidavit must be served upon the sheriff and the judgment creditor within 8 days after the notice of execution is mailed. The property must be returned to you within 5 days after you file the affidavit unless you or the judgment creditor files a motion for a hearing to determine the issue of exemption. If this happens, a hearing will be held to determine whether the property or money is exempt. The motion for the hearing to determine the issue of exemption must be filed within 10 days after the affidavit claiming exemption is filed. The hearing to determine whether the property or money is exempt must be held within 10 days after the motion for the hearing is filed.
IF YOU DO NOT FILE THE AFFIDAVIT WITHIN THE TIME SPECIFIED, YOUR PROPERTY MAY BE SOLD AND THE MONEY GIVEN TO THE JUDGMENT CREDITOR, EVEN IF THE PROPERTY OR MONEY IS EXEMPT.
Sec. 2. NRS 21.090 is hereby amended to read as follows:
21.090 1. The following property is exempt from execution, except as otherwise specifically provided in this section:
(a) Private libraries not to exceed $1,500 in value, and all family pictures and keepsakes.
(b) Necessary household goods, as defined in 16 C.F.R. § 444.1(i) as that section existed on January 1, 1987, and yard equipment, not to exceed $3,000 in value, belonging to the judgment debtor to be selected by him.
(c) Farm trucks, farm stock, farm tools, farm equipment, supplies and seed not to exceed $4,500 in value, belonging to the judgment debtor to be selected by him.
κ2003 Statutes of Nevada, Page 1815 (CHAPTER 324, SB 434)κ
(d) Professional libraries, office equipment, office supplies and the tools, instruments and materials used to carry on the trade of the judgment debtor for the support of himself and his family not to exceed $4,500 in value.
(e) The cabin or dwelling of a miner or prospector, his cars, implements and appliances necessary for carrying on any mining operations and his mining claim actually worked by him, not exceeding $4,500 in total value.
(f) Except as otherwise provided in paragraph (o), one vehicle if the judgment debtors equity does not exceed $4,500 or the creditor is paid an amount equal to any excess above that equity.
(g) For any pay period, 75 percent of the disposable earnings of a judgment debtor during that period, or for each week of the period 30 times the minimum hourly wage prescribed by section 6(a)(1) of the federal Fair Labor Standards Act of 1938 , 29 U.S.C. § 206(a)(1), and in effect at the time the earnings are payable, whichever is greater. Except as otherwise provided in paragraphs (n), (r) and (s), the exemption provided in this paragraph does not apply in the case of any order of a court of competent jurisdiction for the support of any person, any order of a court of bankruptcy or of any debt due for any state or federal tax. As used in this paragraph, disposable earnings means that part of the earnings of a judgment debtor remaining after the deduction from those earnings of any amounts required by law, to be withheld.
(h) All fire engines, hooks and ladders, with the carts, trucks and carriages, hose, buckets, implements and apparatus thereunto appertaining, and all furniture and uniforms of any fire company or department organized under the laws of this state.
(i) All arms, uniforms and accouterments required by law to be kept by any person, and also one gun, to be selected by the debtor.
(j) All courthouses, jails, public offices and buildings, lots, grounds and personal property, the fixtures, furniture, books, papers and appurtenances belonging and pertaining to the courthouse, jail and public offices belonging to any county of this state, all cemeteries, public squares, parks and places, public buildings, town halls, markets, buildings for the use of fire departments and military organizations, and the lots and grounds thereto belonging and appertaining, owned or held by any town or incorporated city, or dedicated by the town or city to health, ornament or public use, or for the use of any fire or military company organized under the laws of this state and all lots, buildings and other school property owned by a school district and devoted to public school purposes.
(k) All money, benefits, privileges or immunities accruing or in any manner growing out of any life insurance, if the annual premium paid does not exceed $1,000. If the premium exceeds that amount, a similar exemption exists which bears the same proportion to the money, benefits, privileges and immunities so accruing or growing out of the insurance that the $1,000 bears to the whole annual premium paid.
(l) The homestead as provided for by law, including a homestead for which allodial title has been established and not relinquished and for which a waiver executed pursuant to NRS 115.010 is not applicable.
(m) The dwelling of the judgment debtor occupied as a home for himself and family, where the amount of equity held by the judgment debtor in the home does not exceed $125,000 in value and the dwelling is [situate] situated upon lands not owned by him.
κ2003 Statutes of Nevada, Page 1816 (CHAPTER 324, SB 434)κ
(n) All property in this state of the judgment debtor where the judgment is in favor of any state for failure to pay that states income tax on benefits received from a pension or other retirement plan.
(o) Any vehicle owned by the judgment debtor for use by him or his dependent that is equipped or modified to provide mobility for a person with a permanent disability.
(p) Any prosthesis or equipment prescribed by a physician or dentist for the judgment debtor or a dependent of the debtor.
(q) Money, not to exceed $500,000 in present value, held in:
(1) An individual retirement arrangement which conforms with the applicable limitations and requirements of 26 U.S.C. § 408;
(2) A written simplified employee pension plan which conforms with the applicable limitations and requirements of 26 U.S.C. § 408;
(3) A cash or deferred arrangement which is a qualified plan pursuant to the Internal Revenue Code; [and]
(4) A trust forming part of a stock bonus, pension or profit-sharing plan which is a qualified plan pursuant to sections 401 et seq. of the Internal Revenue Code , [(] 26 U.S.C. §§ 401 et seq. [).] ; and
(5) A trust forming part of a qualified tuition program pursuant to chapter 353B of NRS, any applicable regulations adopted pursuant to chapter 353B of NRS and section 529 of the Internal Revenue Code, 26 U.S.C. § 529, unless the money is deposited after the entry of a judgment against the purchaser or account owner or the money will not be used by any beneficiary to attend a college or university.
(r) All money and other benefits paid pursuant to the order of a court of competent jurisdiction for the support, education and maintenance of a child, whether collected by the judgment debtor or the State.
(s) All money and other benefits paid pursuant to the order of a court of competent jurisdiction for the support and maintenance of a former spouse, including the amount of any arrearages in the payment of such support and maintenance to which the former spouse may be entitled.
2. Except as otherwise provided in NRS 115.010, no article or species of property mentioned in this section is exempt from execution issued upon a judgment to recover for its price, or upon a judgment of foreclosure of a mortgage or other lien thereon.
3. Any exemptions specified in subsection (d) of section 522 of the Bankruptcy Act of 1978 [(92 Stat. 2586)] , 11 U.S.C. § 522(d), do not apply to property owned by a resident of this state unless conferred also by subsection 1, as limited by subsection 2 . [, of this section.]
Sec. 3. NRS 31.045 is hereby amended to read as follows:
31.045 1. Execution on the writ of attachment by attaching property of the defendant may occur only if:
(a) The judgment creditor serves the defendant with notice of the execution when the notice of the hearing is served pursuant to NRS 31.013; or
(b) Pursuant to an ex parte hearing, the sheriff serves upon the judgment debtor notice of the execution and a copy of the writ at the same time and in the same manner as set forth in NRS 21.076.
If the attachment occurs pursuant to an ex parte hearing, the clerk of the court shall attach the notice to the writ of attachment at the time the writ is issued.
κ2003 Statutes of Nevada, Page 1817 (CHAPTER 324, SB 434)κ
2. The notice required pursuant to subsection 1 must be substantially in the following form:
NOTICE OF EXECUTION
YOUR PROPERTY IS BEING ATTACHED OR
YOUR WAGES ARE BEING GARNISHED
Plaintiff, .................... (name of person), alleges that you owe him money. He has begun the procedure to collect that money. To secure satisfaction of judgment the court has ordered the garnishment of your wages, bank account or other personal property held by third persons or the taking of money or other property in your possession.
Certain benefits and property owned by you may be exempt from execution and may not be taken from you. The following is a partial list of exemptions:
1. Payments received under the Social Security Act.
2. Payments for benefits or the return of contributions under the Public Employees Retirement System.
3. Payments for public assistance granted through the Welfare Division of the Department of Human Resources.
4. Proceeds from a policy of life insurance.
5. Payments of benefits under a program of industrial insurance.
6. Payments received as unemployment compensation.
7. Veterans benefits.
8. A homestead in a dwelling or a mobile home, not to exceed $125,000, unless:
(a) The judgment is for a medical bill, in which case all of the primary dwelling, including a mobile or manufactured home, may be exempt.
(b) Allodial title has been established and not relinquished for the dwelling or mobile home, in which case all of the dwelling or mobile home and its appurtenances are exempt, including the land on which they are located, unless a valid waiver executed pursuant to NRS 115.010 is applicable to the judgment.
9. A vehicle, if your equity in the vehicle is less than $4,500.
10. Seventy-five percent of the take-home pay for any pay period, unless the weekly take-home pay is less than 30 times the federal minimum wage, in which case the entire amount may be exempt.
11. Money, not to exceed $500,000 in present value, held [for retirement pursuant to certain arrangements or plans meeting the requirements for qualified arrangements or plans of sections 401 et seq. of the Internal Revenue Code (26 U.S.C. §§ 401 et seq.).] in:
(a) An individual retirement arrangement which conforms with the applicable limitations and requirements of 26 U.S.C. § 408;
(b) A written simplified employee pension plan which conforms with the applicable limitations and requirements of 26 U.S.C. § 408;
(c) A cash or deferred arrangement that is a qualified plan pursuant to the Internal Revenue Code;
κ2003 Statutes of Nevada, Page 1818 (CHAPTER 324, SB 434)κ
(d) A trust forming part of a stock bonus, pension or profit-sharing plan that is a qualified plan pursuant to sections 401 et seq. of the Internal Revenue Code, 26 U.S.C. §§ 401 et seq.; and
(e) A trust forming part of a qualified tuition program pursuant to chapter 353B of NRS, any applicable regulations adopted pursuant to chapter 353B of NRS and section 529 of the Internal Revenue Code, 26 U.S.C. § 529, unless the money is deposited after the entry of a judgment against the purchaser or account owner or the money will not be used by any beneficiary to attend a college or university.
12. All money and other benefits paid pursuant to the order of a court of competent jurisdiction for the support, education and maintenance of a child, whether collected by the judgment debtor or the State.
13. All money and other benefits paid pursuant to the order of a court of competent jurisdiction for the support and maintenance of a former spouse, including the amount of any arrearages in the payment of such support and maintenance to which the former spouse may be entitled.
14. A vehicle for use by you or your dependent which is specially equipped or modified to provide mobility for a person with a permanent disability.
15. A prosthesis or any equipment prescribed by a physician or dentist for you or your dependent.
These exemptions may not apply in certain cases such as proceedings to enforce a judgment for support of a child or a judgment of foreclosure on a mechanics lien. You should consult an attorney immediately to assist you in determining whether your property or money is exempt from execution. If you cannot afford an attorney, you may be eligible for assistance through .................... (name of organization in county providing legal services to the indigent or elderly persons).
PROCEDURE FOR CLAIMING EXEMPT PROPERTY
If you believe that the money or property taken from you is exempt or necessary for the support of you or your family, you must file with the clerk of the court on a form provided by the clerk a notarized affidavit claiming the exemption. A copy of the affidavit must be served upon the sheriff and the judgment creditor within 8 days after the notice of execution is mailed. The property must be returned to you within 5 days after you file the affidavit unless the judgment creditor files a motion for a hearing to determine the issue of exemption. If this happens, a hearing will be held to determine whether the property or money is exempt. The hearing must be held within 10 days after the motion for a hearing is filed.
IF YOU DO NOT FILE THE AFFIDAVIT WITHIN THE TIME SPECIFIED, YOUR PROPERTY MAY BE SOLD AND THE MONEY GIVEN TO THE JUDGMENT CREDITOR, EVEN IF THE PROPERTY OR MONEY IS EXEMPT.