[Rev. 2/8/2019 9:20:13 AM]
κ2005 Statutes of Nevada, Page 391κ
Assembly Bill No. 468Committee on Judiciary
CHAPTER 122
AN ACT relating to civil actions; revising the criteria for determining whether a case must be submitted to arbitration; revising provisions concerning the use of alternative dispute resolution; increasing the maximum number of jurors who may serve on the jury for a short trial in district court; requiring the Nevada Supreme Court to adopt rules and procedures for jury trials in certain civil actions in justices courts that are designed to limit the length of such trials; reducing the maximum number of jurors who may serve on a jury in a civil action in a justices court; reducing the number of peremptory challenges that each party is entitled to use in a civil action in a justices court; repealing provisions concerning the establishment of a mandatory short trial program for certain civil actions in justices courts; and providing other matters properly relating thereto.
[Approved: May 18, 2005]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 19.0315 is hereby amended to read as follows:
19.0315 1. Except as otherwise provided in NRS 19.034, on the commencement of any civil action or proceeding in the district court for which a filing fee is required, and on the filing of any answer or appearance in any such action or proceeding for which a filing fee is required, the county clerk shall charge and collect a fee of $5 from the party commencing, answering or appearing in the action or proceeding. These fees are in addition to any other fee required by law.
2. On or before the first Monday of each month, the county clerk shall pay over to the county treasurer the amount of all fees collected by him pursuant to subsection 1 for credit to an account for programs [of arbitration] for alternative dispute resolution in the county general fund. The money in the account must be used only to support programs for the arbitration of civil actions pursuant to NRS 38.250 [.] and programs for the resolution of disputes through the use of other alternative methods of resolving disputes pursuant to NRS 38.258.
3. The provisions of this section apply only in judicial districts in which a program [of arbitration] for alternative dispute resolution has been established pursuant to NRS 38.250 [.] or 38.258.
4. As used in this section, alternative dispute resolution means alternative methods of resolving disputes, including, without limitation, arbitration and mediation.
Sec. 2. NRS 38.250 is hereby amended to read as follows:
38.250 1. Except as otherwise provided in NRS [38.257 and] 38.310:
(a) All civil actions filed in district court for damages, if the cause of action arises in the State of Nevada and the amount in issue does not exceed [$40,000,] $50,000 per plaintiff, exclusive of attorneys fees, interest and court costs, must be submitted to nonbinding arbitration in accordance with the provisions of NRS 38.250 to 38.259, inclusive, unless the parties have agreed or are otherwise required to submit the action to an alternative method of resolving disputes established by the Supreme Court pursuant to NRS 38.258, including, without limitation, a settlement conference, mediation or a [binding] short trial .
κ2005 Statutes of Nevada, Page 392 (CHAPTER 122, AB 468)κ
agreed or are otherwise required to submit the action to an alternative method of resolving disputes established by the Supreme Court pursuant to NRS 38.258, including, without limitation, a settlement conference, mediation or a [binding] short trial . [, and that method has resulted in a binding disposition of the action. If an action is submitted to an alternative method of resolving disputes pursuant to this paragraph and a binding disposition of the case does not result, the action must be submitted to nonbinding arbitration, but the parties may agree to submit the action to another alternative method of resolving disputes while the nonbinding arbitration is pending or after the nonbinding arbitration has been completed.]
(b) A civil action for damages filed in justices court may be submitted to binding arbitration or to an alternative method of resolving disputes, including, without limitation, a settlement conference [, mediation or a binding short trial,] or mediation, if the parties agree to the submission.
2. An agreement entered into pursuant to this section must be:
(a) Entered into at the time of the dispute and not be a part of any previous agreement between the parties;
(b) In writing; and
(c) Entered into knowingly and voluntarily.
Κ An agreement entered into pursuant to this section that does not comply with the requirements set forth in this subsection is void.
3. As used in this section, short trial means a trial that is conducted, with the consent of the parties to the action, in accordance with procedures designed to limit the length of the trial, including, without limitation, restrictions on the amount of discovery requested by each party, the use of a jury composed of not more than [six persons,] eight persons and a specified limit on the amount of time each party may use to present his case.
Sec. 3. NRS 38.255 is hereby amended to read as follows:
38.255 1. The rules adopted by the Supreme Court pursuant to NRS 38.253 to provide guidelines for the establishment by a district court of a program must include provisions for a:
(a) Mandatory program for the arbitration of civil actions pursuant to NRS 38.250.
(b) Voluntary program for the arbitration of civil actions if the cause of action arises in the State of Nevada and the amount in issue exceeds [$40,000.] $50,000 per plaintiff, exclusive of attorneys fees, interest and court costs.
(c) Voluntary program for the use of binding arbitration in all civil actions.
2. The rules must provide that the district court of any judicial district whose population is 100,000 or more:
(a) Shall establish programs pursuant to paragraphs (a), (b) and (c) of subsection 1.
(b) May set fees and charge parties for arbitration if the amount in issue exceeds [$40,000.] $50,000 per plaintiff, exclusive of attorneys fees, interest and court costs.
Κ The rules may provide for similar programs for the other judicial districts.
3. The rules must exclude the following from any program of mandatory arbitration:
κ2005 Statutes of Nevada, Page 393 (CHAPTER 122, AB 468)κ
(a) Actions in which the amount in issue, excluding attorneys fees, interest and court costs, is more than [$40,000] $50,000 or less than the maximum jurisdictional amounts specified in NRS 4.370 and 73.010;
(b) Class actions;
(c) Actions in equity;
(d) Actions concerning the title to real estate;
(e) Probate actions;
(f) Appeals from courts of limited jurisdiction;
(g) Actions for declaratory relief;
(h) Actions involving divorce or problems of domestic relations;
(i) Actions brought for relief based on any extraordinary writs;
(j) Actions for the judicial review of an administrative decision; [and]
(k) Actions in which the parties, pursuant to a written agreement executed before the accrual of the cause of action [,] or pursuant to rules adopted by the Supreme Court have submitted the controversy to arbitration or any other alternative method for resolving a dispute [.] ;
(l) Actions that present unusual circumstances that constitute good cause for removal from the program;
(m) Actions in which any of the parties is incarcerated; and
(n) Actions submitted to mediation pursuant to rules adopted by the Supreme Court.
4. The rules must include:
(a) Provisions for the payment of fees to an arbitrator who is appointed to hear a case pursuant to the rules. The rules must provide that an arbitrator must be compensated at a rate of $100 per hour, to a maximum of $1,000 per case, unless otherwise authorized by the arbitration commissioner for good cause shown.
(b) Guidelines for the award of attorneys fees and maximum limitations on the costs to the parties of the arbitration.
(c) Disincentives to appeal.
(d) Provisions for trial upon the exercise by either party of his right to a trial anew after the arbitration.
5. The Supreme Court shall, on or before February 1 of each odd-numbered year, submit a report to the Director of the Legislative Counsel Bureau for transmittal to the Chairmen of the Assembly and Senate Standing Committees on [the] Judiciary. The report must include, for the period since the previous such report, if any:
(a) A listing of the number of actions which were submitted to arbitration or other alternative methods of resolving disputes pursuant to NRS 38.250 or 38.258 and their manner of disposition;
(b) A statement of the amount of money collected in each judicial district pursuant to NRS 19.0315 and a summary of the manner in which the fees were expended; and
(c) Any recommendations for legislation or other information regarding the programs on arbitration deemed relevant by the Supreme Court.
Sec. 4. NRS 38.258 is hereby amended to read as follows:
38.258 1. The Supreme Court may authorize the use of settlement conferences and other alternative methods of resolving disputes, including, without limitation, mediation and a [binding] short trial, that are available in the county in which a district court is located:
(a) In lieu of submitting an action to nonbinding arbitration pursuant to NRS 38.250; or
κ2005 Statutes of Nevada, Page 394 (CHAPTER 122, AB 468)κ
(b) [After an action is submitted to nonbinding arbitration because an alternative method of resolving disputes did not result in a binding disposition of the action; or
(c) At any other time during] During or following such nonbinding arbitration if the parties agree that the use of any such alternative methods of resolving disputes would assist in the resolution of the dispute.
2. If the Supreme Court authorizes the use of an alternative method of resolving disputes pursuant to subsection 1, the Supreme Court shall adopt rules and procedures to govern the use of any such method.
3. As used in this section, short trial has the meaning ascribed to it in NRS 38.250.
Sec. 5. Chapter 67 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 3, the Supreme Court shall adopt rules and procedures for conducting trials by jury in civil actions in the justices courts that are designed to limit the length of trials.
2. The rules and procedures adopted pursuant to this section may provide for:
(a) Restrictions on the amount of discovery requested by each party;
(b) The use of a jury composed of not more than six persons and not less than four persons; and
(c) A specified limit on the amount of time each party may use to present his case.
3. This section does not apply to:
(a) An action for the possession of lands and tenements where the relation of landlord and tenant exists, when damages claimed do not exceed $10,000 or when no damages are claimed.
(b) An action when the possession of lands and tenements has been unlawfully or fraudulently obtained or withheld, when damages claimed do not exceed $10,000 or when no damages are claimed.
(c) An action for the issuance of a temporary or extended order for protection against domestic violence.
(d) An action for the issuance of a temporary or extended order for protection against harassment in the workplace pursuant to NRS 33.200 to 33.360, inclusive.
(e) A small claims action brought under the provisions of chapter 73 of NRS.
(f) An action pursuant to NRS 200.591 for the issuance of a protective order against a person alleged to be committing the crime of stalking, aggravated stalking or harassment.
Sec. 6. NRS 67.020 is hereby amended to read as follows:
67.020 1. At the time appointed for the trial, the justice shall proceed to call from the jurors summoned the names of the persons to constitute the jury for the trial of the issue. If a sufficient number of competent and indifferent jurors do not attend, the justice shall direct that additional jurors sufficient to complete the jury be summoned.
2. [The jury, by consent of the parties,] Pursuant to the Justices Courts Rules of Civil Procedure adopted by the Supreme Court, the jury may consist of any number not more than [eight] six nor less than four.
κ2005 Statutes of Nevada, Page 395 (CHAPTER 122, AB 468)κ
Sec. 7. NRS 67.030 is hereby amended to read as follows:
67.030 The challenges are either peremptory or for cause. Each party is entitled to [three] two peremptory challenges. Either party may challenge for cause on any grounds set forth in NRS 16.050.
Sec. 8. NRS 38.257 is hereby repealed.
Sec. 9. This act becomes effective upon passage and approval.
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Assembly Bill No. 78Committee on Judiciary
CHAPTER 123
AN ACT relating to estates; revising certain provisions relating to the powers and duties of a public administrator; revising provisions governing the sale of personal property of an estate; providing that the trustee of a living trust established by a deceased person may obtain the health care records of that person; and providing other matters properly relating thereto.
[Approved: May 18, 2005]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 148.105 is hereby amended to read as follows:
148.105 1. The personal representative may enter into a written contract with any bona fide agent, broker, or multiple group of agents or brokers to secure a purchaser for any personal property of the estate, and by that contract, the personal representative may grant an exclusive right to sell and shall provide for the payment to the agent, broker, or multiple group of agents or brokers, out of the proceeds of a sale to any purchaser secured pursuant to the contract, of a commission, the amount of which must be fixed and allowed by the court upon confirmation of the sale. If the sale is confirmed to the purchaser, the contract is binding and valid as against the estate for the amount so allowed by the court.
2. By the execution of any such contract, no personal liability is incurred by the personal representative, and no liability of any kind is incurred by the estate unless a sale is made and confirmed by the court.
3. [The] Except as otherwise provided in subsection 4, the commission must not exceed [10] 25 percent of the proceeds from the sale of any personal property pursuant to this section [.] unless, before the sale of the personal property, the court approves a commission that exceeds 25 percent of the proceeds from the sale.
4. If a manufactured home or motor vehicle is sold pursuant to the provisions of this section, the commission for the sale of the manufactured home or motor vehicle must not exceed 10 percent of the proceeds from the sale.
5. As used in this section:
(a) Commission means all fees collected by an agent, broker or group of agents or brokers to secure a purchaser for any personal property of an estate pursuant to this section, including all fees for costs related to the sale of any personal property pursuant to this section.
κ2005 Statutes of Nevada, Page 396 (CHAPTER 123, AB 78)κ
(b) Manufactured home has the meaning ascribed to it in NRS 118B.015.
Sec. 2. NRS 239A.075 is hereby amended to read as follows:
239A.075 Upon presentation of a death certificate , [or] affidavit of death [,] or other proof of death, a financial institution shall provide a public administrator with a statement which sets forth the identifying number and account balance of any accounts on which only the name of the deceased person appears. A financial institution may charge a reasonable fee, not to exceed $2, to provide a public administrator with a statement pursuant to the provisions of this section.
Sec. 3. NRS 253.0403 is hereby amended to read as follows:
253.0403 1. When the gross value of a decedents property situated in this State does not exceed [$5,000,] $20,000, a public administrator may, without procuring letters of administration, administer the estate of that person upon filing with the court an affidavit of his right to do so.
2. The affidavit must provide:
(a) The public administrators name and address, and his attestation that he is entitled by law to administer the estate;
(b) The decedents place of residence at the time of his death;
(c) That the gross value of the decedents property in this State does not exceed [$5,000;] $20,000;
(d) That at least 40 days have elapsed since the death of the decedent;
(e) That no application or petition for the appointment of a personal representative is pending or has been granted in this State;
(f) A description of the personal property of the decedent;
(g) Whether there are any heirs or next of kin known to the affiant, and if known, the name and address of each such person;
(h) If heirs or next of kin are known to the affiant, a description of the method of service he used to provide to each of them notice of the affidavit and that at least 10 days have elapsed since the notice was provided;
(i) That all debts of the decedent, including funeral and burial expenses, have been paid or provided for; and
(j) The name of each person to whom the affiant intends to distribute the decedents property.
3. Before filing the affidavit with the court, the public administrator shall take reasonable steps to ascertain whether any of the decedents heirs or next of kin exist. If the administrator determines that heirs or next of kin exist, he shall serve each of them with a copy of the affidavit. Service must be made personally or by certified mail.
4. If the affiant:
(a) Submits an affidavit which does not meet the requirements of subsection 2 or which contains statements which are not entirely true, any money or property he receives or distributes is subject to all debts of the decedent, based on the priority for payment of debts and charges specified in NRS 147.195.
(b) Fails to give notice to heirs or next of kin as required by subsection 3, any money or property he holds or distributes to others shall be deemed to be held in trust for those heirs and next of kin who did not receive notice and have an interest in the property.
5. A person who receives an affidavit containing the information required by subsection 2 is entitled to rely upon such information, and if he relies in good faith, he is immune from civil liability for actions based on that reliance.
κ2005 Statutes of Nevada, Page 397 (CHAPTER 123, AB 78)κ
relies in good faith, he is immune from civil liability for actions based on that reliance.
6. Upon receiving proof of the death of the decedent, an affidavit containing the information required by this section and the written approval of the public administrator to do so:
(a) A transfer agent of any security shall change the registered ownership of the security claimed from the decedent to the person claiming to succeed to ownership of that security.
(b) A governmental agency required to issue certificates of title, ownership or registration to personal property shall issue a new certificate of title, ownership or registration to the person claiming to succeed to ownership of the property.
Sec. 4. NRS 253.044 is hereby amended to read as follows:
253.044 In a county whose population is less than 100,000, the board of county commissioners may, after reviewing each case, direct the public administrator or any other suitable person to:
1. Investigate:
(a) The financial status of any proposed ward for whom a request to serve as guardian has been received to determine whether there is a need for a guardian to be appointed and whether the public administrator or other suitable person designated by the board is able and eligible to serve in that capacity.
(b) Whether there is any qualified person who is willing and able to serve as guardian for a ward or administrator of the estate of an intestate decedent, and to determine whether there is a need for a guardian or an administrator and whether the public administrator or other suitable person designated by the board is eligible to serve in that capacity.
2. Petition the court for appointment as guardian of the person or as guardian of the person and estate of any ward if, after investigation, the public administrator or other suitable person designated by the board finds that there is a need for such an appointment and that he is able and eligible to serve. If no other qualified person having a prior right is willing and able to serve, the public administrator or other suitable person designated by the board shall petition for appointment as guardian regardless of the amount of assets in the estate of the proposed ward.
3. Petition the court for letters of administration of the estate of a person dying intestate if, after investigation, the public administrator or other suitable person designated by the board finds that there is no other qualified person having a prior right who is willing and able to serve.
4. File an affidavit pursuant to NRS 253.0403 to administer the estate if, after investigation, the public administrator or other suitable person designated by the board finds that the gross value of the decedents property situated in this State does not exceed [$5,000.] $20,000.
5. Act, upon order of a court, as:
(a) Guardian of the person and estate of an adult ward; or
(b) Administrator of the estate of a person dying intestate,
Κ regardless of the amount of assets in the estate of the ward or decedent if no other qualified person is willing and able to serve.
Sec. 5. NRS 629.061 is hereby amended to read as follows:
629.061 1. Each provider of health care shall make the health care records of a patient available for physical inspection by:
κ2005 Statutes of Nevada, Page 398 (CHAPTER 123, AB 78)κ
(a) The patient or a representative with written authorization from the patient;
(b) The personal representative of the estate of a deceased patient;
(c) Any trustee of a living trust created by a deceased patient;
(d) The parent or guardian of a deceased patient who died before reaching the age of majority;
[(d)] (e) An investigator for the Attorney General or a grand jury investigating an alleged violation of NRS 200.495, 200.5091 to 200.50995, inclusive, or 422.540 to 422.570, inclusive;
[(e)] (f) An investigator for the Attorney General investigating an alleged violation of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive, or any fraud in the administration of chapter 616A, 616B, 616C, 616D or 617 of NRS or in the provision of benefits for industrial insurance; or
[(f)] (g) Any authorized representative or investigator of a state licensing board during the course of any investigation authorized by law.
Κ The records must be made available at a place within the depository convenient for physical inspection, and inspection must be permitted at all reasonable office hours and for a reasonable length of time. If the records are located outside this State, the provider shall make any records requested pursuant to this section available in this State for inspection within 10 working days after the request.
2. Except as otherwise provided in subsection 3, the provider of health care shall also furnish a copy of the records to each person described in subsection 1 who requests it and pays the actual cost of postage, if any, the costs of making the copy, not to exceed 60 cents per page for photocopies and a reasonable cost for copies of X-ray photographs and other health care records produced by similar processes. No administrative fee or additional service fee of any kind may be charged for furnishing such a copy.
3. The provider of health care shall also furnish a copy of any records that are necessary to support a claim or appeal under any provision of the Social Security Act, 42 U.S.C. §§ 301 et seq., or under any federal or state financial needs-based benefit program, without charge, to a patient, or a representative with written authorization from the patient, who requests it, if the request is accompanied by documentation of the claim or appeal. A copying fee, not to exceed 60 cents per page for photocopies and a reasonable cost for copies of X-ray photographs and other health care records produced by similar processes, may be charged by the provider of health care for furnishing a second copy of the records to support the same claim or appeal. No administrative fee or additional service fee of any kind may be charged for furnishing such a copy. The provider of health care shall furnish the copy of the records requested pursuant to this subsection within 30 days after the date of receipt of the request, and the provider of health care shall not deny the furnishing of a copy of the records pursuant to this subsection solely because the patient is unable to pay the fees established in this subsection.
4. Each person who owns or operates an ambulance in this State shall make his records regarding a sick or injured patient available for physical inspection by:
(a) The patient or a representative with written authorization from the patient;
(b) The personal representative of the estate of a deceased patient;
κ2005 Statutes of Nevada, Page 399 (CHAPTER 123, AB 78)κ
(c) Any trustee of a living trust created by a deceased patient;
(d) The parent or guardian of a deceased patient who died before reaching the age of majority; or
[(d)] (e) Any authorized representative or investigator of a state licensing board during the course of any investigation authorized by law.
Κ The records must be made available at a place within the depository convenient for physical inspection, and inspection must be permitted at all reasonable office hours and for a reasonable length of time. The person who owns or operates an ambulance shall also furnish a copy of the records to each person described in this subsection who requests it and pays the actual cost of postage, if any, and the costs of making the copy, not to exceed 60 cents per page for photocopies. No administrative fee or additional service fee of any kind may be charged for furnishing a copy of the records.
5. Records made available to a representative or investigator must not be used at any public hearing unless:
(a) The patient named in the records has consented in writing to their use; or
(b) Appropriate procedures are utilized to protect the identity of the patient from public disclosure.
6. Subsection 5 does not prohibit:
(a) A state licensing board from providing to a provider of health care or owner or operator of an ambulance against whom a complaint or written allegation has been filed, or to his attorney, information on the identity of a patient whose records may be used in a public hearing relating to the complaint or allegation, but the provider of health care or owner or operator of an ambulance and his attorney shall keep the information confidential.
(b) The Attorney General from using health care records in the course of a civil or criminal action against the patient or provider of health care.
7. A provider of health care or owner or operator of an ambulance, his agents and employees are immune from any civil action for any disclosures made in accordance with the provisions of this section or any consequential damages.
8. For the purposes of this section:
(a) Guardian means a person who has qualified as the guardian of a minor pursuant to testamentary or judicial appointment, but does not include a guardian ad litem.
(b) Living trust means an inter vivos trust created by a natural person:
(1) Which was revocable by the person during the lifetime of the person; and
(2) Who was one of the beneficiaries of the trust during the lifetime of the person.
(c) Parent means a natural or adoptive parent whose parental rights have not been terminated.
[(c)] (d) Personal representative has the meaning ascribed to it in NRS 132.265.
Sec. 6. This act becomes effective upon passage and approval.
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κ2005 Statutes of Nevada, Page 400κ
Senate Bill No. 43Senator Washington
CHAPTER 124
AN ACT relating to juveniles; ratifying the revised Interstate Compact for Juveniles; renouncing the original Interstate Compact on Juveniles and repealing the provisions relating thereto; and providing other matters properly relating thereto.
[Approved: May 19, 2005]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 62I of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. The Interstate Compact for Juveniles is hereby ratified, enacted into law and entered into with all jurisdictions legally joining the Compact, in substantially the form set forth in this section:
ARTICLE I. PURPOSE
The compacting states to the Interstate Compact for Juveniles recognize that each state is responsible for the proper supervision or return of juveniles, delinquents and status offenders who are on probation or parole and who have absconded, escaped or run away from supervision and control and in so doing have endangered their own safety and the safety of others. The compacting states also recognize that each state is responsible for the safe return of juveniles who have run away from home and in doing so have left their state of residence. The compacting states also recognize that Congress, by enacting the Crime Control Act, 4 U.S.C. § 112 (1965), has authorized and encouraged compacts for cooperative efforts and mutual assistance in the prevention of crime.
It is the purpose of this Compact, through means of joint and cooperative action among the compacting states, to:
(1) Ensure that the adjudicated juveniles and status offenders subject to this Compact are provided adequate supervision and services in the receiving state as ordered by the adjudicating judge or parole authority in the sending state.
(2) Ensure that the public safety interests of the citizens, including the victims of juvenile offenders, in both the sending and receiving states, are adequately protected.
(3) Return juveniles who have run away, absconded or escaped from supervision or control or who have been accused of an offense to the state requesting their return.
(4) Make contracts for the cooperative institutionalization in public facilities in member states of delinquent youth needing special services.
(5) Provide for the effective tracking and supervision of juveniles.
(6) Equitably allocate the costs, benefits and obligations of the compacting states.
(7) Establish procedures to manage the movement between states of juvenile offenders released to the community under the jurisdiction of courts, juvenile departments or any other criminal or juvenile justice agency which has jurisdiction over juvenile offenders.
κ2005 Statutes of Nevada, Page 401 (CHAPTER 124, SB 43)κ
courts, juvenile departments or any other criminal or juvenile justice agency which has jurisdiction over juvenile offenders.
(8) Ensure immediate notice to jurisdictions where defined offenders are authorized to travel or to relocate across state lines.
(9) Establish procedures to resolve pending charges (detainers) against juvenile offenders prior to transfer or release to the community under the terms of this Compact.
(10) Establish a system of uniform data collection on information pertaining to juveniles subject to this Compact that allows access by authorized juvenile justice and criminal justice officials, and regular reporting of the Compacts activities to heads of state executive, judicial and legislative branches and juvenile and criminal justice administrators.
(11) Monitor compliance with rules governing interstate movement of juveniles and initiate interventions to address and correct noncompliance.
(12) Coordinate training and education regarding the regulation of interstate movement of juveniles for officials involved in such activity.
(13) Coordinate the implementation and operation of the Compact with the Interstate Compact on the Placement of Children, the Interstate Compact for Adult Offender Supervision and other compacts affecting juveniles, particularly in those cases where concurrent or overlapping supervision issues arise.
It is the policy of the compacting states that the activities conducted by the Interstate Commission created herein are the formation of public policies and therefore are public business. Furthermore, the compacting states shall cooperate and observe their individual and collective duties and responsibilities for the prompt return and acceptance of juveniles subject to the provisions of this Compact. The provisions of this Compact shall be reasonably and liberally construed to accomplish the purposes and policies of the Compact.
ARTICLE II. DEFINITIONS
As used in this Compact, unless the context clearly requires a different construction:
(1) Bylaws means those bylaws established by the Interstate Commission for its governance or for directing or controlling its actions or conduct.
(2) Commissioner means the voting representative of each compacting state appointed pursuant to Article III of this Compact.
(3) Compact Administrator means the individual in each compacting state appointed pursuant to the terms of this Compact, responsible for the administration and management of the states supervision and transfer of juveniles subject to the terms of this Compact, the rules adopted by the Interstate Commission and policies adopted by the State Council under this Compact.
(4) Compacting state means any state which has enacted the enabling legislation for this Compact.
(5) Court means any court having jurisdiction over delinquent, neglected or dependent children.
(6) Deputy Compact Administrator means the individual, if any, in each compacting state appointed to act on behalf of a Compact Administrator pursuant to the terms of this Compact responsible for the administration and management of the states supervision and transfer of juveniles subject to the terms of this Compact, the rules adopted by the Interstate Commission and policies adopted by the State Council under this Compact.
κ2005 Statutes of Nevada, Page 402 (CHAPTER 124, SB 43)κ
administration and management of the states supervision and transfer of juveniles subject to the terms of this Compact, the rules adopted by the Interstate Commission and policies adopted by the State Council under this Compact.
(7) Interstate Commission means the Interstate Commission for Juveniles created by Article III of this Compact.
(8) Juvenile means any person defined as a juvenile in any member state or by the rules of the Interstate Commission, including:
(a) Accused Delinquent — a person charged with an offense that, if committed by an adult, would be a criminal offense;
(b) Adjudicated Delinquent — a person found to have committed an offense that, if committed by an adult, would be a criminal offense;
(c) Accused Status Offender — a person charged with an offense that would not be a criminal offense if committed by an adult;
(d) Adjudicated Status Offender — a person found to have committed an offense that would not be a criminal offense if committed by an adult; and
(e) Nonoffender — a person in need of supervision who has not been accused or adjudicated a status offender or delinquent.
(9) Noncompacting state means any state which has not enacted the enabling legislation for this Compact.
(10) Probation or parole means any kind of supervision or conditional release of juveniles authorized under the laws of the compacting states.
(11) Rule means a written statement by the Interstate Commission promulgated pursuant to Article VI of this Compact that is of general applicability, implements, interprets or prescribes a policy or provision of the Compact or an organizational, procedural or practice requirement of the Interstate Commission, and has the force and effect of statutory law in a compacting state, and includes the amendment, repeal or suspension of an existing rule.
(12) State means a state of the United States, the District of Columbia (or its designee), the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa and the Northern Marianas Islands.
(13) State Council means the resident members of the State Council for Interstate Juvenile Supervision created by each state under Article IX of this Compact.
ARTICLE III. INTERSTATE COMMISSION FOR JUVENILES
(1) The compacting states hereby create the Interstate Commission for Juveniles. The Interstate Commission shall be a body corporate and joint agency of the compacting states. The Interstate Commission shall have all the responsibilities, powers and duties set forth herein, and such additional powers as may be conferred upon it by subsequent action of the respective legislatures of the compacting states in accordance with the terms of this Compact.
(2) The Interstate Commission shall consist of Commissioners appointed by the appropriate appointing authority in each state pursuant to the rules and requirements of each compacting state and in consultation with the State Council created hereunder.
κ2005 Statutes of Nevada, Page 403 (CHAPTER 124, SB 43)κ
with the State Council created hereunder. The Commissioner shall be the Compact Administrator, Deputy Compact Administrator or designee from that state who shall serve on the Interstate Commission in such capacity under or pursuant to the applicable law of the compacting state.
(3) In addition to the Commissioners who are the voting representatives of each state, the Interstate Commission shall include individuals who are not Commissioners, but who are members of interested organizations. Such noncommissioner members must include a member of the national organizations of governors, legislators, state chief justices, attorneys general, Interstate Compact for Adult Offender Supervision, Interstate Compact on the Placement of Children, juvenile justice and juvenile corrections officials, and crime victims. All noncommissioner members of the Interstate Commission shall be ex officio, nonvoting members. The Interstate Commission may provide in its bylaws for such additional ex officio, nonvoting members, including members of other national organizations, in such numbers as shall be determined by the Interstate Commission.
(4) Each compacting state represented at any meeting of the Interstate Commission is entitled to one vote. A majority of the compacting states shall constitute a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the Interstate Commission.
(5) The Interstate Commission shall meet at least once each calendar year. The Chairperson may call additional meetings and, upon the request of a simple majority of the compacting states, shall call additional meetings. Public notice shall be given of all meetings and meetings shall be open to the public.
(6) The Interstate Commission shall establish an Executive Committee, which shall include Interstate Commission officers, members and others as determined by the bylaws. The Executive Committee shall have the power to act on behalf of the Interstate Commission during periods when the Interstate Commission is not in session, with the exception of rulemaking and/or amendment to the Compact. The Executive Committee shall oversee the day-to-day activities of the administration of the Compact managed by an Executive Director and Interstate Commission staff, administer enforcement and compliance with the provisions of the Compact, its bylaws and rules, and perform such other duties as directed by the Interstate Commission or set forth in the bylaws.
(7) Each member of the Interstate Commission shall have the right and power to cast a vote to which that compacting state is entitled and to participate in the business and affairs of the Interstate Commission. A member shall vote in person and shall not delegate a vote to another compacting state. However, a Commissioner, in consultation with the State Council, shall appoint another authorized representative, in the absence of the Commissioner from that state, to cast a vote on behalf of the compacting state at a specified meeting. The bylaws may provide for members participation in meetings by telephone or other means of telecommunication or electronic communication.
(8) The Interstate Commissions bylaws shall establish conditions and procedures under which the Interstate Commission shall make its information and official records available to the public for inspection or copying. The Interstate Commission may exempt from disclosure any information or official records to the extent they would adversely affect personal privacy rights or proprietary interests.
κ2005 Statutes of Nevada, Page 404 (CHAPTER 124, SB 43)κ
information or official records to the extent they would adversely affect personal privacy rights or proprietary interests.
(9) Public notice shall be given of all meetings and all meetings shall be open to the public, except as set forth in the rules or as otherwise provided in the Compact. The Interstate Commission and any of its committees may close a meeting to the public where it determines by two-thirds vote that an open meeting would be likely to:
(a) Relate solely to the Interstate Commissions internal personnel practices and procedures;
(b) Disclose matters specifically exempted from disclosure by statute;
(c) Disclose trade secrets or commercial or financial information which is privileged or confidential;
(d) Involve accusing any person of a crime or formally censuring any person;
(e) Disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;
(f) Disclose investigative records compiled for law enforcement purposes;
(g) Disclose information contained in or related to examination, operating or condition reports prepared by, or on behalf of or for the use of, the Interstate Commission with respect to a regulated person or entity for the purpose of regulation or supervision of such person or entity;
(h) Disclose information, the premature disclosure of which would significantly endanger the stability of a regulated person or entity; or
(i) Specifically relate to the Interstate Commissions issuance of a subpoena or its participation in a civil action or other legal proceeding.
(10) For every meeting closed pursuant to this provision, the Interstate Commissions legal counsel shall publicly certify that, in the legal counsels opinion, the meeting may be closed to the public, and shall reference each relevant exemptive provision. The Interstate Commission shall keep minutes which shall fully and clearly describe all matters discussed in any meeting and shall provide a full and accurate summary of any actions taken, and the reasons therefore, including a description of each of the views expressed on any item and the record of any roll call vote (reflected in the vote of each member on the question). All documents considered in connection with any action shall be identified in such minutes.
(11) The Interstate Commission shall collect standardized data concerning the interstate movement of juveniles as directed through its rules which shall specify the data to be collected, the means of collection and data exchange and reporting requirements. Such methods of data collection, exchange and reporting shall, insofar as is reasonably possible, conform to up-to-date technology and coordinate its information functions with the appropriate repository of records.
ARTICLE IV. POWERS AND DUTIES OF THE INTERSTATE COMMISSION
The Interstate Commission shall have the following powers and duties:
(1) To provide for dispute resolution among compacting states.
κ2005 Statutes of Nevada, Page 405 (CHAPTER 124, SB 43)κ
(2) To promulgate rules to effect the purposes and obligations as enumerated in this Compact, which shall have the force and effect of statutory law and shall be binding in the compacting states to the extent and in the manner provided in this Compact.
(3) To oversee, supervise and coordinate the interstate movement of juveniles subject to the terms of this Compact and any bylaws adopted and rules promulgated by the Interstate Commission.
(4) To enforce compliance with the provisions of the Compact, the rules promulgated by the Interstate Commission and the bylaws, using all necessary and proper means, including, but not limited to, the use of judicial process.
(5) To establish and maintain offices which shall be located within one or more of the compacting states.
(6) To purchase and maintain insurance and bonds.
(7) To borrow, accept, hire or contract for services of personnel.
(8) To establish and appoint committees and hire staff which it deems necessary for the carrying out of its functions, including, but not limited to, an Executive Committee as required by Article III which shall have the power to act on behalf of the Interstate Commission in carrying out its powers and duties hereunder.
(9) To elect or appoint such officers, attorneys, employees, agents or consultants, and to fix their compensation, define their duties and determine their qualifications, and to establish the Interstate Commissions personnel policies and programs relating to, inter alia, conflicts of interest, rates of compensation and qualifications of personnel.
(10) To accept any and all donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize and dispose of it.
(11) To lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve or use, any property, real, personal or mixed.
(12) To sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any property, real, personal or mixed.
(13) To establish a budget and make expenditures and levy dues as provided in Article VIII of this Compact.
(14) To sue and be sued.
(15) To adopt a seal and bylaws governing the management and operation of the Interstate Commission.
(16) To perform such functions as may be necessary or appropriate to achieve the purposes of this Compact.
(17) To report annually to the legislatures, governors, judiciary and State Councils of the compacting states concerning the activities of the Interstate Commission during the preceding year. Such reports shall also include any recommendations that may have been adopted by the Interstate Commission.
(18) To coordinate education, training and public awareness regarding the interstate movement of juveniles for officials involved in such activity.
(19) To establish uniform standards of the reporting, collecting and exchanging of data.
(20) To maintain the Interstate Commissions corporate books and records in accordance with the bylaws.
κ2005 Statutes of Nevada, Page 406 (CHAPTER 124, SB 43)κ
ARTICLE V. ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION
Section A. Bylaws
The Interstate Commission shall, by a majority of the members present and voting, within 12 months after the first Interstate Commission meeting, adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of the Compact, including, but not limited to:
(1) Establishing the fiscal year of the Interstate Commission;
(2) Establishing an Executive Committee and such other committees as may be necessary;
(3) Providing for the establishment of committees governing any general or specific delegation of any authority or function of the Interstate Commission;
(4) Providing reasonable procedures for calling and conducting meetings of the Interstate Commission, and ensuring reasonable notice of each such meeting;
(5) Establishing the titles and responsibilities of the officers of the Interstate Commission;
(6) Providing a mechanism for concluding the operations of the Interstate Commission and the return of any surplus funds that may exist upon the termination of the Compact after the payment and/or reserving of all of its debts and obligations;
(7) Providing start-up rules for the initial administration of the Compact; and
(8) Establishing standards and procedures for compliance and technical assistance in carrying out the Compact.
Section B. Officers and Staff
(1) The Interstate Commission shall, by a majority of the members, elect annually from among its members a Chairman and a Vice Chairman, each of whom shall have such authority and duties as may be specified in the bylaws. The Chairman or, in the Chairmans absence or disability, the Vice Chairman shall preside at all meetings of the Interstate Commission. The officers so elected shall serve without compensation or remuneration from the Interstate Commission, provided that, subject to the availability of budgeted funds, the officers shall be reimbursed for any ordinary and necessary costs and expenses incurred by them in the performance of their duties and responsibilities as officers of the Interstate Commission.
(2) The Interstate Commission shall, through its Executive Committee, appoint or retain an Executive Director for such period, upon such terms and conditions and for such compensation as the Interstate Commission may deem appropriate. The Executive Director shall serve as Secretary to the Interstate Commission, but shall not be a member and shall hire and supervise such other staff as may be authorized by the Interstate Commission.
κ2005 Statutes of Nevada, Page 407 (CHAPTER 124, SB 43)κ
Section C. Qualified Immunity, Defense and Indemnification
(1) The Interstate Commissions Executive Director and employees shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or for any personal injury or other civil liability caused by or arising out of or relating to any actual or alleged act, error or omission that occurred, or that such person had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties or responsibilities, provided that any such person shall not be protected from suit or liability for any damage, loss, injury or liability caused by the intentional or willful and wanton misconduct of any such person.
(2) The liability of any Commissioner, or the employee or agent of a Commissioner, acting within the scope of such persons employment or duties for acts, errors or omissions occurring within such persons state may not exceed the limits of liability set forth under the constitution and laws of that state for state officials, employees and agents. Nothing in this subsection shall be construed to protect any such person from suit or liability for any damage, loss, injury or liability caused by the intentional or willful and wanton misconduct of any such person.
(3) The Interstate Commission shall defend the Executive Director or the employees or representatives of the Interstate Commission and, subject to the approval of the Attorney General of the state represented by any Commissioner of a compacting state, shall defend such Commissioner or the Commissioners representatives or employees in any civil action seeking to impose liability arising out of any actual or alleged act, error or omission that occurred within the scope of Interstate Commission employment, duties or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties or responsibilities, provided that the actual or alleged act, error or omission did not result from intentional or willful and wanton misconduct on the part of such person.
(4) The Interstate Commission shall indemnify and hold the Commissioner of a compacting state, or the Commissioners representatives or employees, or the Interstate Commissions representatives or employees, harmless in the amount of any settlement or judgment obtained against such persons arising out of any actual or alleged act, error or omission that occurred within the scope of Interstate Commission employment, duties or responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties or responsibilities, provided that the actual or alleged act, error or omission did not result from intentional or willful and wanton misconduct on the part of such persons.
ARTICLE VI. RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION
(1) The Interstate Commission shall promulgate and publish rules in order to effectively and efficiently achieve the purposes of the Compact.
(2) Rulemaking shall occur pursuant to the criteria set forth in this article and the bylaws and rules adopted pursuant thereto. Such rulemaking shall substantially conform to the principles of the Model State Administrative Procedure Act, 1981 Act, Uniform Laws Annotated, Vol.
κ2005 Statutes of Nevada, Page 408 (CHAPTER 124, SB 43)κ
Administrative Procedure Act, 1981 Act, Uniform Laws Annotated, Vol. 15, p. 1 (2000), or such other administrative procedures act as the Interstate Commission deems appropriate and consistent with due process requirements under the United States Constitution as now or hereafter interpreted by the United States Supreme Court. All rules and amendments shall become binding as of the date specified, as published with the final version of the rule as approved by the Interstate Commission.
(3) When promulgating a rule, the Interstate Commission shall, at a minimum:
(a) Publish the proposed rules entire text stating the reasons for that proposed rule;
(b) Allow and invite any and all persons to submit written data, facts, opinions and arguments, which information shall be added to the record and be made publicly available;
(c) Provide an opportunity for an informal hearing if petitioned by 10 or more persons; and
(d) Promulgate a final rule and its effective date, if appropriate, based on input from state or local officials, or interested parties.
(4) Allow, not later than 60 days after a rule is promulgated, any interested person to file a petition in the United States District Court for the District of Columbia or in the federal district court where the Interstate Commissions principal office is located for judicial review of such rule. If the court finds that the Interstate Commissions action is not supported by substantial evidence in the rulemaking record, the court shall hold the rule unlawful and set it aside. For purposes of this subsection, evidence is substantial if it would be considered substantial evidence under the Model State Administrative Procedure Act.
(5) If a majority of the legislatures of the compacting states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the Compact, then such rule shall have no further force and effect in any compacting state.
(6) The existing rules governing the operation of the Interstate Compact on Juveniles superceded by this act shall be null and void 12 months after the first meeting of the Interstate Commission created hereunder.
(7) Upon determination by the Interstate Commission that an emergency exists, it may promulgate an emergency rule which shall become effective immediately upon adoption, provided that the usual rulemaking procedures provided hereunder shall be retroactively applied to said rule as soon as reasonably possible, but no later than 90 days after the effective date of the emergency rule.
ARTICLE VII. OVERSIGHT, ENFORCEMENT AND DISPUTE RESOLUTION BY THE INTERSTATE COMMISSION
Section A. Oversight
(1) The Interstate Commission shall oversee the administration and operations of the interstate movement of juveniles subject to this Compact in the compacting states and shall monitor such activities being administered in noncompacting states which may significantly affect compacting states.
κ2005 Statutes of Nevada, Page 409 (CHAPTER 124, SB 43)κ
administered in noncompacting states which may significantly affect compacting states.
(2) The courts and executive agencies in each compacting state shall enforce this Compact and shall take all actions necessary and appropriate to effectuate the Compacts purposes and intent. The provisions of this Compact and the rules promulgated hereunder shall be received by all the judges, public officers, commissions and departments of the state government as evidence of the authorized statute and administrative rules. All courts shall take judicial notice of the Compact and the rules. In any judicial or administrative proceeding in a compacting state pertaining to the subject matter of this Compact which may affect the powers, responsibilities or actions of the Interstate Commission, it shall be entitled to receive all service of process in any such proceeding, and shall have standing to intervene in the proceeding for all purposes.
Section B. Dispute Resolution
(1) The compacting states shall report to the Interstate Commission on all issues and activities necessary for the administration of the Compact as well as issues and activities pertaining to compliance with the provisions of the Compact and its bylaws and rules.
(2) The Interstate Commission shall attempt, upon the request of a compacting state, to resolve any disputes or other issues which are subject to the Compact and which may arise among compacting states and between compacting and noncompacting states. The Interstate Commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes among the compacting states.
(3) The Interstate Commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this Compact using any or all means set forth in Article XI of this Compact.
ARTICLE VIII. FINANCE
(1) The Interstate Commission shall pay or provide for the payment of the reasonable expenses of its establishment, organization and ongoing activities.
(2) The Interstate Commission shall levy on and collect an annual assessment from each compacting state to cover the cost of the internal operations and activities of the Interstate Commission and its staff which must be in a total amount sufficient to cover the Interstate Commissions annual budget as approved each year. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Interstate Commission, taking into consideration the population of each compacting state and the volume of interstate movement of juveniles in each compacting state and shall promulgate a rule binding upon all compacting states which governs said assessment.
(3) The Interstate Commission shall not incur any obligations of any kind prior to securing the funds adequate to meet the same, nor shall the Interstate Commission pledge the credit of any of the compacting states, except by and with the authority of the compacting state.
(4) The Interstate Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Interstate Commission shall be subject to the audit and accounting procedures established under its bylaws.
κ2005 Statutes of Nevada, Page 410 (CHAPTER 124, SB 43)κ
Interstate Commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Interstate Commission shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the Interstate Commission.
ARTICLE IX. THE STATE COUNCIL
(1) The Nevada State Council for Interstate Juvenile Supervision is hereby created. The Nevada State Council for Interstate Juvenile Supervision consists of the following seven members:
(a) The Compact Administrator, appointed by the Governor, who shall serve as Chairman and as Commissioner to the Interstate Commission for this State;
(b) Three members appointed by the Governor, one of whom must be a representative of an organization supporting the rights of victims of crime;
(c) One member of the Senate, appointed by the Majority Leader of the Senate;
(d) One member of the Assembly, appointed by the Speaker of the Assembly; and
(e) One member who is a district judge, appointed by the Chief Justice of the Supreme Court of Nevada.
(2) The members of the Nevada State Council for Interstate Juvenile Supervision serve at the pleasure of the persons who appointed them.
(3) The Legislators who are members of the Nevada State Council for Interstate Juvenile Supervision are entitled to receive the salary provided for a majority of the members of the Legislature during the first 60 days of the preceding session for each days attendance at a meeting of the Nevada State Council for Interstate Juvenile Supervision.
(4) While engaged in the business of the Interstate Commission, each member of the Nevada State Council for Interstate Juvenile Supervision is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.
(5) The Nevada State Council for Interstate Juvenile Supervision shall develop policies concerning the operation of the Compact within this State and shall exercise oversight and advocacy concerning its participation in activities of the Interstate Commission.
ARTICLE X. COMPACTING STATES, EFFECTIVE DATE AND AMENDMENT
(1) Any state, as defined in Article II of this Compact, is eligible to become a compacting state.
(2) The Compact shall become effective and binding upon legislative enactment of the Compact into law by no less than 35 of the states. The initial effective date shall be the later of July 1, 2006, or upon enactment into law by the 35th jurisdiction. Thereafter it shall become effective and binding as to any other compacting state upon enactment of the Compact into law by that state. The governors of nonmember states or their designees shall be invited to participate in the activities of the Interstate Commission on a nonvoting basis prior to adoption of the Compact by all states and territories of the United States.
κ2005 Statutes of Nevada, Page 411 (CHAPTER 124, SB 43)κ
Commission on a nonvoting basis prior to adoption of the Compact by all states and territories of the United States.
(3) The Interstate Commission may propose amendments to the Compact for enactment by the compacting states. No amendment shall become effective and binding upon the Interstate Commission and the compacting states unless and until it is enacted into law by unanimous consent of the compacting states.
ARTICLE XI. WITHDRAWAL, DEFAULT, TERMINATION AND JUDICIAL ENFORCEMENT
Section A. Withdrawal
(1) Once effective, the Compact shall continue in force and remain binding upon each and every compacting state, provided that a compacting state may withdraw from the Compact by specifically repealing the statute which enacted the Compact into law.
(2) The effective date of withdrawal is the effective date of the repeal.
(3) The withdrawing state shall immediately notify the Chairman of the Interstate Commission in writing upon the introduction of legislation repealing this Compact in the withdrawing state. The Interstate Commission shall notify the other compacting states of the withdrawing states intent to withdraw within 60 days after its receipt thereof.
(4) The withdrawing state is responsible for all assessments, obligations and liabilities incurred through the effective date of withdrawal, including any obligations the performance of which extend beyond the effective date of withdrawal.
(5) Reinstatement following withdrawal of any compacting state shall occur upon the withdrawing state reenacting the Compact or upon such later date as determined by the Interstate Commission.
Section B. Technical Assistance, Fines, Suspension, Termination and Default
(1) If the Interstate Commission determines that any compacting state has at any time defaulted in the performance of any of its obligations or responsibilities under this Compact, or the bylaws or duly promulgated rules, the Interstate Commission may impose any or all of the following penalties:
(a) Remedial training and technical assistance as directed by the Interstate Commission;
(b) Alternative dispute resolution;
(c) Fines, fees and costs in such amounts as are deemed to be reasonable as fixed by the Interstate Commission; and
(d) Suspension or termination of membership in the Compact, which shall be imposed only after all other reasonable means of securing compliance under the bylaws and rules have been exhausted and the Interstate Commission has therefore determined that the offending state is in default. Immediate notice of suspension shall be given by the Interstate Commission to the Governor, the Chief Justice or the Chief Judicial Officer of the state, the Majority and Minority Leaders of the defaulting states legislature and the State Council. The grounds for default include, but are not limited to, failure of a compacting state to perform such obligations or responsibilities imposed upon it by this Compact, the bylaws or duly promulgated rules and any other grounds designated in the Interstate Commissions bylaws and rules.
κ2005 Statutes of Nevada, Page 412 (CHAPTER 124, SB 43)κ
but are not limited to, failure of a compacting state to perform such obligations or responsibilities imposed upon it by this Compact, the bylaws or duly promulgated rules and any other grounds designated in the Interstate Commissions bylaws and rules. The Interstate Commission shall immediately notify the defaulting state in writing of the penalty imposed by the Interstate Commission and of the default pending a cure of the default. The Interstate Commission shall stipulate the conditions and the time period within which the defaulting state must cure its default. If the defaulting state fails to cure the default within the time period specified by the Interstate Commission, the defaulting state shall be terminated from the Compact upon an affirmative vote of a majority of the compacting states and all rights, privileges and benefits conferred by this Compact shall be terminated from the effective date of termination.
(2) Within 60 days after the effective date of termination of a defaulting state, the Interstate Commission shall notify the Governor, the Chief Justice or Chief Judicial Officer, the Majority and Minority Leaders of the defaulting states legislature and the State Council of such termination.
(3) The defaulting state is responsible for all assessments, obligations and liabilities incurred through the effective date of termination, including any obligations, the performance of which extends beyond the effective date of termination.
(4) The Interstate Commission shall not bear any costs relating to the defaulting state unless otherwise mutually agreed upon in writing between the Interstate Commission and the defaulting state.
(5) Reinstatement following termination of any compacting state requires both a reenactment of the Compact by the defaulting state and the approval of the Interstate Commission pursuant to the rules.
Section C. Judicial Enforcement
The Interstate Commission may, by majority vote of the members, initiate legal action in the United States District Court for the District of Columbia or, at the discretion of the Interstate Commission, in the federal district court where the Interstate Commission has its offices, to enforce compliance with the provisions of the Compact, its duly promulgated rules and its bylaws against any compacting state in default. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorneys fees.
Section D. Dissolution of Compact
(1) The Compact dissolves effective upon the date of the withdrawal or default of the compacting state which reduces membership in the Compact to one compacting state.
(2) Upon the dissolution of this Compact, the Compact becomes null and void and shall be of no further force or effect, and the business and affairs of the Interstate Commission shall be concluded and any surplus funds shall be distributed in accordance with the bylaws.
κ2005 Statutes of Nevada, Page 413 (CHAPTER 124, SB 43)κ
ARTICLE XII. SEVERABILITY AND CONSTRUCTION
(1) The provisions of this Compact shall be severable, and if any phrase, clause, sentence or provision is deemed unenforceable, the remaining provisions of the Compact shall be enforceable.
(2) The provisions of this Compact shall be liberally construed to effectuate its purposes.
ARTICLE XIII. BINDING EFFECT OF COMPACT AND OTHER LAWS
Section A. Other Laws
(1) Nothing herein prevents the enforcement of any other law of a compacting state that is not inconsistent with this Compact.
(2) All compacting states laws other than state constitutions and other interstate compacts conflicting with this Compact are superseded to the extent of the conflict.
Section B. Binding Effect of the Compact
(1) All lawful actions of the Interstate Commission, including all rules and bylaws promulgated by the Interstate Commission, are binding upon the compacting states.
(2) All agreements between the Interstate Commission and the compacting states are binding in accordance with their terms.
(3) Upon the request of a party to a conflict over meaning or interpretation of Interstate Commission actions, and upon a majority vote of the compacting states, the Interstate Commission may issue advisory opinions regarding such meaning or interpretation.
(4) In the event any provision of this Compact exceeds the constitutional limits imposed on the legislature of any compacting state, the obligations, duties, powers or jurisdiction sought to be conferred by such provision upon the Interstate Commission shall be ineffective and such obligations, duties, powers or jurisdiction shall remain in the compacting state and shall be exercised by the agency thereof to which such obligations, duties, powers or jurisdiction are delegated by law in effect at the time this Compact becomes effective.
Sec. 3. All claims that arise pursuant to the provisions of this chapter must be paid from the Reserve for Statutory Contingency Account in the same manner as other claims against the State are paid, upon approval by the Compact Administrator appointed pursuant to section 2 of this act.
Sec. 4. NRS 62F.020 is hereby amended to read as follows:
62F.020 If a child is adjudicated delinquent in another state for an act that, if committed by an adult, would be a sexual offense pursuant to the laws of the other state, the other state may send the child to this State to receive care, treatment or rehabilitation in any residential, group or institutional program only if the program in this State ensures that the other state has requested through the Interstate Compact [on] for Juveniles pursuant to chapter 62I of NRS or the Interstate Compact on the Placement of Children pursuant to NRS 127.320 to 127.350, inclusive, that courtesy supervision be provided for the child during the period that the child is in this State for care, treatment or rehabilitation.
κ2005 Statutes of Nevada, Page 414 (CHAPTER 124, SB 43)κ
provided for the child during the period that the child is in this State for care, treatment or rehabilitation.
Sec. 5. NRS 353.264 is hereby amended to read as follows:
353.264 1. The Reserve for Statutory Contingency Account is hereby created in the State General Fund.
2. The State Board of Examiners shall administer the Reserve for Statutory Contingency Account. The money in the Account must be expended only for:
(a) The payment of claims which are obligations of the State pursuant to NRS 41.03435, 41.0347, [62I.050,] 176.485, 179.310, 212.040, 212.050, 212.070, 281.174, 282.290, 282.315, 288.203, 293.253, 293.405, 353.120, 353.262, 412.154 and 475.235 [;] and section 3 of this act;
(b) The payment of claims which are obligations of the State pursuant to:
(1) Chapter 472 of NRS arising from operations of the Division of Forestry of the State Department of Conservation and Natural Resources directly involving the protection of life and property; and
(2) NRS 7.155, 34.750, 176A.640, 179.225, 213.153 and 293B.210,
Κ except that claims may be approved for the respective purposes listed in this paragraph only when the money otherwise appropriated for those purposes has been exhausted;
(c) The payment of claims which are obligations of the State pursuant to NRS 41.0349 and 41.037, but only to the extent that the money in the Fund for Insurance Premiums is insufficient to pay the claims; and
(d) The payment of claims which are obligations of the State pursuant to NRS 535.030 arising from remedial actions taken by the State Engineer when the condition of a dam becomes dangerous to the safety of life or property.
3. The State Board of Examiners may authorize its Clerk, under such circumstances as it deems appropriate, to approve, on behalf of the Board, the payment of claims from the Reserve for Statutory Contingency Account. For the purpose of exercising any authority granted to the Clerk of the State Board of Examiners pursuant to this subsection, any statutory reference to the State Board of Examiners relating to such a claim shall be deemed to refer to the Clerk of the Board.
Sec. 6. NRS 62I.010, 62I.020, 62I.030, 62I.040, 62I.050, 62I.060 and 62I.070 are hereby repealed.
Sec. 7. This act becomes effective:
1. On July 1, 2006; or
2. Upon enactment of the Interstate Compact for Juveniles into law by the 35th jurisdiction,
Κ whichever is later.
________
κ2005 Statutes of Nevada, Page 415κ
Senate Bill No. 417Committee on Government Affairs
CHAPTER 125
AN ACT relating to traffic laws; authorizing the governing bodies of cities and counties to regulate the use of electric personal assistive mobility devices; and providing other matters properly relating thereto.
[Approved: May 19, 2005]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 244 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Each board of county commissioners may, to protect the health and safety of the public, enact an ordinance which regulates the time, place and manner of the operation of an electric personal assistive mobility device in the county, including, without limitation, by prohibiting the use of an electric personal assistive mobility device in a specified area of the county.
2. As used in this section, electric personal assistive mobility device has the meaning ascribed to it in NRS 482.029.
Sec. 2. Chapter 268 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The city council or other governing body of each incorporated city in this State, whether or not organized under general law or special charter, may, to protect the health and safety of the public, enact an ordinance which regulates the time, place and manner of the operation of an electric personal assistive mobility device in the city, including, without limitation, by prohibiting the use of an electric personal assistive mobility device in a specified area of the city.
2. As used in this section, electric personal assistive mobility device has the meaning ascribed to it in NRS 482.029.
Sec. 3. This act becomes effective on passage and approval.
________
κ2005 Statutes of Nevada, Page 416κ
Senate Bill No. 449Committee on Judiciary
CHAPTER 126
AN ACT relating to crimes against property; revising provisions governing the crime of burglary; providing a penalty; and providing other matters properly relating thereto.
[Approved: May 19, 2005]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 205.060 is hereby amended to read as follows:
205.060 1. A person who, by day or night, enters any house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building, tent, vessel, vehicle, vehicle trailer, semitrailer or house trailer, airplane, glider, boat or railroad car, with the intent to commit grand or petit larceny, assault or battery on any person or any felony, or to obtain money or property by false pretenses, is guilty of burglary.
2. Except as otherwise provided in this section, a person convicted of burglary is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $10,000. A person who is convicted of burglary and who has previously been convicted of burglary or another crime involving the forcible entry or invasion of a dwelling must not be released on probation or granted a suspension of his sentence.
3. Whenever a burglary is committed on a vessel, vehicle, vehicle trailer, semitrailer, house trailer, airplane, glider, boat or railroad car, in motion or in rest, in this State, and it cannot with reasonable certainty be ascertained in what county the crime was committed, the offender may be arrested and tried in any county through which the vessel, vehicle, vehicle trailer, semitrailer, house trailer, airplane, glider, boat or railroad car traveled during the time the burglary was committed.
4. A person convicted of burglary who has in his possession or gains possession of any firearm or deadly weapon at any time during the commission of the crime, at any time before leaving the structure or upon leaving the structure, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years, and may be further punished by a fine of not more than $10,000.
Sec. 2. This act becomes effective upon passage and approval.
________
κ2005 Statutes of Nevada, Page 417κ
Senate Bill No. 270Committee on Judiciary
CHAPTER 127
AN ACT relating to unclaimed property; clarifying provisions regarding which entity is required to report certain abandoned property; allowing the Administrator of Unclaimed Property to require a person to file a verified report of abandoned property on diskette in certain circumstances; making various changes to the provisions governing the sale and disposition of abandoned property; allowing the Administrator to require a person with a claim in certain property to furnish a bond and indemnify the State in certain circumstances; allowing the Administrator to waive all or part of the interest penalty for a late payment or delivery of abandoned property under certain circumstances; and providing other matters properly relating thereto.
[Approved: May 19, 2005]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 120A.160 is hereby amended to read as follows:
120A.160 The following property held or owing by a business association is presumed abandoned:
1. Any demand, savings or matured time deposit or other certificate of deposit with a banking organization, together with any interest or dividend thereon, excluding any charges that may lawfully be withheld, including a deposit that is automatically renewable, and any money paid toward the purchase of a share, a mutual investment certificate or any other interest in a financial organization, unless the owner has within 3 years:
(a) In the case of a deposit, increased or decreased the amount of the deposit, or presented the passbook or other similar evidence of the deposit for the crediting of interest;
(b) Communicated in writing with the financial organization concerning the property;
(c) Otherwise indicated an interest in the property as evidenced by a memorandum or other record on file prepared by an employee of the financial organization;
(d) Owned other property to which paragraph (a), (b) or (c) applies and if the financial organization communicates in writing with the owner with regard to the property that would otherwise be presumed abandoned under this subsection at the address to which communications regarding the other property regularly are sent; or
(e) Had another relationship with the financial organization concerning which the owner has:
(1) Communicated in writing with the financial organization; or
(2) Otherwise indicated an interest as evidenced by a memorandum or other record on file prepared by an employee of the financial organization and if the financial organization communicates in writing with the owner with regard to the property that would otherwise be abandoned under this subsection at the address to which communications regarding the other relationship regularly are sent.
κ2005 Statutes of Nevada, Page 418 (CHAPTER 127, SB 270)κ
Κ For the purposes of this subsection, property includes interest and dividends.
2. Any property described in subsection 1 that is automatically renewable is matured for purposes of subsection 1 upon the expiration of its initial period, but in the case of any renewal to which the owner consents at or about the time of renewal by communicating in writing with the financial organization or otherwise indicating consent as evidenced by a memorandum or other record on file prepared by an employee of the organization, the property is matured upon the expiration of the last period for which consent was given. If, at the time provided for delivery in NRS 120A.320, a penalty or forfeiture in the payment of interest would result from the delivery of the property, the time for delivery is extended until the time when no penalty or forfeiture would result.
3. Any sum payable on a check certified in this State or on a written instrument issued in this State on which a [business association] financial organization is directly liable, including any draft or cashiers check, which has been outstanding for more than 5 years after the date it was payable, or after the date of its issuance if payable on demand, or any sum payable on a money order which has been outstanding for more than 7 years after its issuance, or any sum payable on a travelers check which has been outstanding for more than 15 years after the date of its issuance, unless the owner has within the specified period corresponded in writing with the [business association] financial organization concerning it, or otherwise indicated an interest as evidenced by a memorandum on file with the [business association.] financial organization.
4. Any money or other personal property, tangible or intangible, removed from a safe-deposit box or any other safekeeping repository on which the lease or rental period has expired because of nonpayment of rental charges or other reason, or any surplus amounts arising from the sale thereof pursuant to law, that have been unclaimed by the owner for more than 3 years [from] after the date on which the lease or rental period expired. A safe-deposit box for which no rent is charged or which is provided to the user because of a specific amount deposited with a business association is presumed abandoned at the same time as the account for which it was given.
Sec. 2. NRS 120A.250 is hereby amended to read as follows:
120A.250 1. A person holding money or other property presumed abandoned under this chapter shall make a verified report to the Administrator with respect to the property.
2. The report must include:
(a) Except with respect to travelers checks and money orders, the name, if known, and last known address, if any, of each person appearing from the records of the holder to be the owner of any property of the value of $50 or more presumed abandoned under this chapter.
(b) In the case of unclaimed money held by an insurance company, the full name of the insured or annuitant and his last known address according to the records of the company.
(c) The nature and identifying number, if any, or description of the property and the amount appearing from the records to be due, except that items of value under $50 each may be reported in the aggregate.
(d) The date when the property became payable, demandable or returnable and the date of the last transaction with the owner with respect to the property.
κ2005 Statutes of Nevada, Page 419 (CHAPTER 127, SB 270)κ
(e) Any other information which the Administrator prescribes by regulation as necessary for the administration of this chapter.
3. If the person holding property presumed abandoned is a successor to other persons who previously held the property for the owner, or if the holder has changed his name while holding the property, he shall file with his report all prior known names and addresses of each holder of the property.
4. The report must be filed before November 1 of each year for the preceding fiscal year ending June 30 except that the report of an insurance company must be filed before May 1 of each year for the preceding calendar year. The Administrator may, in writing, postpone the reporting date upon written request by any person required to file a report.
5. Verification of the report, if made by:
(a) A partnership, must be executed by a partner.
(b) An unincorporated association or private corporation, must be executed by an officer.
(c) A public entity or corporation, must be executed by its chief fiscal officer.
6. The Administrator may require a person reporting 15 or more items of property pursuant to this section to file the report on diskette in lieu of on paper.
Sec. 3. NRS 120A.360 is hereby amended to read as follows:
120A.360 1. Except as otherwise provided in subsections 4, 5 and 6, all abandoned property other than money delivered to the Administrator under this chapter must, within [1 year] 2 years after the delivery, be sold by the Administrator to the highest bidder at public sale in whatever [city in the State] manner affords in his judgment the most favorable market for the property involved. The Administrator may decline the highest bid and reoffer the property for sale if he considers the price bid insufficient.
2. Any sale held under this section must be preceded by a single publication of notice thereof at least 2 weeks in advance of the sale in a newspaper of general circulation in the county where the property is to be sold.
3. The purchaser at any sale conducted by the Administrator pursuant to this chapter is vested with title to the property purchased, free from all claims of the owner or prior holder and of all persons claiming through or under them. The Administrator shall execute all documents necessary to complete the transfer of title.
4. The Administrator need not offer any property for sale if in his opinion, the probable cost of the sale exceeds the value of the property. The Administrator may destroy or otherwise dispose of such property or may transfer it to:
(a) The Nevada Museum and Historical Society, the Nevada State Museum or the Nevada Historical Society, upon its written request, if the property has, in the opinion of the requesting institution, historical, artistic or literary value and is worthy of preservation; [or]
(b) A genealogical library, upon its written request, if the property has genealogical value and is not wanted by the Nevada Museum and Historical Society, the Nevada State Museum or the Nevada Historical Society [.] ; or
(c) A veterans or military museum, upon its written request, if the property has military or military historical value and is not wanted by the Nevada Museum and Historical Society, the Nevada State Museum or the Nevada Historical Society.
κ2005 Statutes of Nevada, Page 420 (CHAPTER 127, SB 270)κ
Κ An action may not be maintained by any person against the holder of the property because of that transfer, disposal or destruction.
5. Securities listed on an established stock exchange must be sold at the prevailing price for that security on the exchange at the time of sale. Other securities not listed on an established stock exchange may be sold:
(a) Over the counter at the prevailing price for that security at the time of sale; or
(b) By any other method the Administrator deems acceptable.
6. The Administrator shall hold property that was removed from a safe-deposit box or other safekeeping repository for 1 year after the date of the delivery of the property to the Administrator, unless that property is a will or a codicil to a will, in which case the Administrator shall hold the property for 10 years after the date of the delivery of the property to the Administrator. If no claims are filed for the property within that period, it may be destroyed.
Sec. 4. NRS 120A.390 is hereby amended to read as follows:
120A.390 1. The Administrator shall review each claim filed under this chapter and may hold a hearing and receive evidence concerning the claim. If a hearing is held, he shall prepare findings of fact and a decision in writing stating the substance of any evidence heard and the reasons for his decision. The decision is a public record.
2. [If] Except as otherwise provided in subsection 3, if the Administrator allows the claim, he shall pay it, without deduction for costs of notices or sale or for service charges, from the Abandoned Property Trust Fund as other claims against the State are paid.
3. The Administrator may require a person with a claim in excess of $1,000 to furnish a bond and indemnify the State against any loss resulting from the approval of such claim if the claim is based upon an original instrument, including, without limitation, a certified check or a stock certificate, which cannot be furnished by the person with the claim.
Sec. 5. NRS 120A.450 is hereby amended to read as follows:
120A.450 1. Except as otherwise provided in subsection 2, in addition to any penalties for which he may be liable, any person who fails to report or to pay or deliver abandoned property within the time prescribed by this chapter shall pay to the Administrator interest at the rate of 18 percent per annum on the money or the value of other property from the date on which the property should have been paid or delivered.
2. The Administrator may waive the right to the payment of all or part of the interest pursuant to this section if:
(a) The person otherwise obligated to make payment files with the Administrator a verified statement of the facts, showing that his failure to report or to make payment or delivery was not willful or negligent but occurred because of circumstances beyond his control; and
(b) The Administrator so finds.
Sec. 6. This act becomes effective on July 1, 2005.
________
κ2005 Statutes of Nevada, Page 421κ
Senate Bill No. 199Senators Care and Amodei
Joint Sponsor: Assemblywoman Ohrenschall
CHAPTER 128
AN ACT relating to business entities; adopting the Uniform Partnership Act (1997) and providing for its applicability on a voluntary basis; and providing other matters properly relating thereto.
[Approved: May 19, 2005]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 87 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.1 to 65, inclusive, of this act.
Sec. 1.1. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 1.2 to 1.8, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 1.2. Business includes every business, trade and occupation.
Sec. 1.3. Professional service means any type of personal service that may legally be performed only pursuant to a license or certificate of registration.
Sec. 1.4. Record means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
Sec. 1.5. Sign means to affix a signature to a record.
Sec. 1.6. Signature means a name, word, symbol or mark executed or otherwise adopted, or a record encrypted or similarly processed in whole or in part, by a person with the present intent to identify himself and adopt or accept a record. The term includes, without limitation, an electronic signature as defined in NRS 719.100.
Sec. 1.7. State means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico or any territory or insular possession subject to the jurisdiction of the United States.
Sec. 1.8. Street address of a resident agent means the actual physical location in this State at which a resident agent is available for service of process.
Sec. 1.9. The provisions of NRS 87.010 to 87.430, inclusive, apply to a partnership:
1. Which was formed before July 1, 2006, and which does not voluntarily elect to be governed by the provisions of sections 2 to 65, inclusive, of this act; or
2. Which is formed on or after July 1, 2006, and which voluntarily elects to be governed by the provisions of NRS 87.010 to 87.430, inclusive.
Sec. 2. Sections 2 to 65, inclusive, of this act may be cited as the Uniform Partnership Act (1997).
Sec. 3. As used in sections 2 to 65, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 4 to 22, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 4. (Deleted by amendment.)
κ2005 Statutes of Nevada, Page 422 (CHAPTER 128, SB 199)κ
Sec. 5. Debtor in bankruptcy means a person who is the subject of:
1. An order for relief under Title 11 of the United States Code or a comparable order under a successor statute of general application; or
2. A comparable order under federal, state or foreign law governing insolvency.
Sec. 6. Distribution means a transfer of money or other property from a partnership to a partner in the partners capacity as a partner or to the partners transferee.
Sec. 7. (Deleted by amendment.)
Sec. 8. Partnership means an association of two or more persons to carry on as co-owners of a business for profit formed under section 30 of this act, predecessor law or comparable law of another jurisdiction.
Sec. 9. Partnership agreement means the agreement, whether written, oral or implied, among the partners concerning the partnership, including amendments to the partnership agreement.
Sec. 10. Partnership at will means a partnership in which the partners have not agreed to remain partners until the expiration of a definite term or the completion of a particular undertaking.
Sec. 11. Partnership interest or partners interest in the partnership means all of a partners interests in the partnership, including the partners transferable interest and all management and other rights.
Sec. 12. Person means any natural person, corporation, business trust, estate, trust, partnership, association, joint venture, government or governmental subdivision, agency or instrumentality or any other legal or commercial entity.
Sec. 13. (Deleted by amendment.)
Sec. 14. Property means all property, real, personal or mixed, tangible or intangible, or any interest therein.
Sec. 15. (Deleted by amendment.)
Sec. 16. Registered limited-liability partnership means a partnership formed pursuant to an agreement governed by sections 2 to 65, inclusive, of this act for the purpose of rendering a professional service and registered pursuant to and complying with NRS 87.440 to 87.560, inclusive.
Secs. 17-19. (Deleted by amendment.)
Sec. 20. Statement means:
1. A statement of partnership authority under section 35 of this act;
2. A statement of denial under section 36 of this act;
3. A statement of dissociation under section 57 of this act;
4. A statement of dissolution under section 63 of this act; or
5. An amendment or cancellation of any of the statements set forth in subsections 1 to 4, inclusive.
Sec. 21. (Deleted by amendment.)
Sec. 22. Transfer includes an assignment, conveyance, lease, mortgage, deed and encumbrance.
Sec. 23. 1. A person knows a fact if the person has actual knowledge of it.
2. A person has notice of a fact if the person:
(a) Knows of it;
(b) Has received a notification of it; or
κ2005 Statutes of Nevada, Page 423 (CHAPTER 128, SB 199)κ
(c) Has reason to know it exists from all of the facts known to the person at the time in question.
3. A person notifies or gives a notification to another by taking steps reasonably required to inform the other person in ordinary course, whether or not the other person learns of it.
4. A person receives a notification when the notification:
(a) Comes to the persons attention; or
(b) Is duly delivered at the persons place of business or at any other place held out by the person as a place for receiving communications.
5. Except as otherwise provided in subsection 6, a person other than a natural person knows, has notice, or receives a notification of a fact for purposes of a particular transaction when the natural person conducting the transaction knows, has notice, or receives a notification of the fact, or in any event when the fact would have been brought to the natural persons attention if the person had exercised reasonable diligence. The person exercises reasonable diligence if it maintains reasonable routines for communicating significant information to the natural person conducting the transaction and there is reasonable compliance with the routines. Reasonable diligence does not require a natural person acting for the person to communicate information unless the communication is part of the natural persons regular duties or the natural person has reason to know of the transaction and that the transaction would be materially affected by the information.
6. A partners knowledge, notice, or receipt of a notification of a fact relating to the partnership is effective immediately as knowledge by, notice to, or receipt of a notification by the partnership, except in the case of a fraud on the partnership committed by or with the consent of that partner.
Sec. 23.5. The provisions of sections 2 to 65, inclusive, of this act apply to a partnership:
1. Which was formed before July 1, 2006; or
2. Which is formed on or after July 1, 2006,
Κ and which voluntarily elects to be governed by the provisions of sections 2 to 65, inclusive, of this act.
Sec. 24. 1. Except as otherwise provided in subsection 2, relations among the partners and between the partners and the partnership are governed by the partnership agreement. To the extent the partnership agreement does not otherwise provide, sections 2 to 65, inclusive, of this act, govern relations among the partners and between the partners and the partnership.
2. The partnership agreement may not:
(a) Vary the rights and duties under section 26 of this act except to eliminate the duty to provide copies of statements to all of the partners;
(b) Unreasonably restrict the right of access to books and records under subsection 2 of section 43 of this act;
(c) Eliminate the duty of loyalty under subsection 2 of section 44 of this act or paragraph (c) of subsection 2 of section 53 of this act, but:
(1) The partnership agreement may identify specific types or categories of activities that do not violate the duty of loyalty, if not manifestly unreasonable; or
(2) All of the partners or a number or percentage specified in the partnership agreement may authorize or ratify, after full disclosure of all material facts, a specific act or transaction that otherwise would violate the duty of loyalty;
κ2005 Statutes of Nevada, Page 424 (CHAPTER 128, SB 199)κ
material facts, a specific act or transaction that otherwise would violate the duty of loyalty;
(d) Unreasonably reduce the duty of care under subsection 3 of section 44 of this act or paragraph (c) of subsection 2 of section 53 of this act;
(e) Eliminate the obligation of good faith and fair dealing under subsection 4 of section 44 of this act, but the partnership agreement may prescribe the standards by which the performance of the obligation is to be measured, if the standards are not manifestly unreasonable;
(f) Vary the power to dissociate as a partner under subsection 1 of section 52 of this act, except to require the notice under subsection 1 of section 51 of this act to be in writing;
(g) Vary the right of a court to expel a partner in the events specified in subsection 5 of section 51 of this act;
(h) Vary the requirement to wind up the partnership business in cases specified in subsections 4, 5 or 6 of section 59 of this act;
(i) Vary the law applicable to a registered limited-liability partnership pursuant to NRS 87.560; or
(j) Restrict rights of third parties pursuant to sections 2 to 65, inclusive, of this act.
Sec. 25. 1. Unless displaced by particular provisions of sections 2 to 65, inclusive, of this act, the principles of law and equity supplement the provisions of sections 2 to 65, inclusive, of this act.
2. If an obligation to pay interest arises pursuant to sections 2 to 65, inclusive, of this act and the rate is not specified, the rate is that specified in NRS 99.040.
Sec. 26. 1. A statement may be filed in the Office of the Secretary of State. A certified copy of a statement that is filed in an office in another state may be filed in the Office of the Secretary of State. Either filing has the effect provided in this chapter with respect to partnership property located in or transactions that occur in this State.
2. A certified copy of a statement that has been filed in the Office of the Secretary of State and recorded in the office of the applicable county recorder has the effect provided for recorded statements in sections 2 to 65, inclusive, of this act. A recorded statement that is not a certified copy of a statement filed in the Office of the Secretary of State does not have the effect provided for recorded statements in sections 2 to 65, inclusive, of this act.
3. A statement filed by a partnership must be executed by at least two partners. Other statements must be executed by a partner or other person authorized by sections 2 to 65, inclusive, of this act. A natural person who executes a statement as, or on behalf of, a partner or other person named as a partner in a statement shall personally declare under penalty of perjury that the contents of the statement are accurate.
4. A person authorized by sections 2 to 65, inclusive, of this act to file a statement may amend or cancel the statement by filing an amendment or cancellation that names the partnership, identifies the statement and states the substance of the amendment or cancellation.
5. A person who files a statement pursuant to this section shall promptly send a copy of the statement to every nonfiling partner and to any other person named as a partner in the statement. Failure to send a copy of a statement to a partner or other person does not limit the effectiveness of the statement as to a person not a partner.
κ2005 Statutes of Nevada, Page 425 (CHAPTER 128, SB 199)κ
Sec. 27. Except as otherwise provided in NRS 87.560, the law of the jurisdiction in which a partnership has its chief executive office governs relations among the partners and between the partners and the partnership.
Sec. 28. A partnership governed by sections 2 to 65, inclusive, of this act is subject to any amendment to or repeal of this chapter.
Sec. 29. 1. A partnership is an entity distinct from its partners.
2. A registered limited-liability partnership continues to be the same entity that existed before the filing of a certificate of registration pursuant to NRS 87.440.
Sec. 30. 1. Except as otherwise provided in subsection 2, the association of two or more persons to carry on as co-owners of a business for profit forms a partnership, whether or not the persons intend to form a partnership.
2. An association formed under a statute other than sections 2 to 65, inclusive, of this act, a predecessor statute or a comparable statute of another jurisdiction is not a partnership under sections 2 to 65, inclusive, of this act.
3. In determining whether a partnership is formed, the following rules apply:
(a) Joint tenancy, tenancy in common, tenancy by the entireties, joint property, common property or part ownership does not by itself establish a partnership, even if the co-owners share profits made by the use of the property.
(b) The sharing of gross returns does not by itself establish a partnership, even if the persons sharing them have a joint or common right or interest in property from which the returns are derived.
(c) A person who receives a share of the profits of a business is presumed to be a partner in the business, unless the profits were received in payment:
(1) Of a debt by installments or otherwise;
(2) For services as an independent contractor or of wages or other compensation to an employee;
(3) Of rent;
(4) Of an annuity or other retirement or health benefit to a beneficiary, representative or designee of a deceased or retired partner;
(5) Of interest or other charge on a loan, even if the amount of payment varies with the profits of the business, including a direct or indirect present or future ownership of the collateral, or rights to income, proceeds or increase in value derived from the collateral; or
(6) For the sale of the goodwill of a business or other property by installments or otherwise.
Sec. 31. Property acquired by a partnership is property of the partnership and not of the partners individually.
Sec. 32. 1. Property is partnership property if acquired in the name of:
(a) The partnership; or
(b) One or more partners with an indication in the instrument transferring title to the property of the persons capacity as a partner or of the existence of a partnership but without an indication of the name of the partnership.
κ2005 Statutes of Nevada, Page 426 (CHAPTER 128, SB 199)κ
2. Property is acquired in the name of the partnership by a transfer to:
(a) The partnership in its name; or
(b) One or more partners in their capacity as partners in the partnership, if the name of the partnership is indicated in the instrument transferring title to the property.
3. Property is presumed to be partnership property if purchased with partnership assets, even if not acquired in the name of the partnership or of one or more partners with an indication in the instrument transferring title to the property of the persons capacity as a partner or of the existence of a partnership.
4. Property acquired in the name of one or more of the partners, without an indication in the instrument transferring title to the property of the persons capacity as a partner or of the existence of a partnership and without use of partnership assets, is presumed to be separate property, even if used for partnership purposes.
Sec. 33. Subject to the effect of a statement of partnership authority under section 35 of this act:
1. Each partner is an agent of the partnership for the purpose of its business. An act of a partner, including the execution of an instrument in the partnership name, for apparently carrying on in the ordinary course the partnership business or business of the kind carried on by the partnership binds the partnership, unless the partner had no authority to act for the partnership in the particular matter and the person with whom the partner was dealing knew or had received a notification that the partner lacked authority.
2. An act of a partner which is not apparently for carrying on in the ordinary course the partnership business or business of the kind carried on by the partnership binds the partnership only if the act was authorized by the other partners.
Sec. 34. 1. Partnership property may be transferred as follows:
(a) Subject to the effect of a statement of partnership authority under section 35 of this act, partnership property held in the name of the partnership may be transferred by an instrument of transfer executed by a partner in the partnership name.
(b) Partnership property held in the name of one or more partners with an indication in the instrument transferring the property to them of their capacity as partners or of the existence of a partnership, but without an indication of the name of the partnership, may be transferred by an instrument of transfer executed by the persons in whose name the property is held.
(c) Partnership property held in the name of one or more persons other than the partnership, without an indication in the instrument transferring the property to them of their capacity as partners or of the existence of a partnership, may be transferred by an instrument of transfer executed by the persons in whose name the property is held.
2. A partnership may recover partnership property from a transferee only if it proves that execution of the instrument of initial transfer did not bind the partnership under section 33 of this act and:
(a) As to a subsequent transferee who gave value for property transferred under paragraph (a) or (b) of subsection 1, proves that the subsequent transferee knew or had received a notification that the person who executed the instrument of initial transfer lacked authority to bind the partnership; or
κ2005 Statutes of Nevada, Page 427 (CHAPTER 128, SB 199)κ
who executed the instrument of initial transfer lacked authority to bind the partnership; or
(b) As to a transferee who gave value for property transferred under paragraph (c) of subsection 1, proves that the transferee knew or had received a notification that the property was partnership property and that the person who executed the instrument of initial transfer lacked authority to bind the partnership.
3. A partnership may not recover partnership property from a subsequent transferee if the partnership would not have been entitled to recover the property, under subsection 2, from any earlier transferee of the property.
4. If a person holds all of the partners interests in the partnership, all of the partnership property vests in that person. The person may execute a document in the name of the partnership to evidence vesting of the property in that person and may file or record the document.
Sec. 35. 1. A partnership may file a statement of partnership authority, which:
(a) Must include:
(1) The name of the partnership;
(2) The street address of its chief executive office and of one office in this State, if there is one;
(3) The names and mailing addresses of all of the partners or of an agent appointed and maintained by the partnership for the purpose of subsection 2; and
(4) The names of the partners authorized to execute an instrument transferring real property held in the name of the partnership; and
(b) May state the authority, or limitations on the authority, of some or all of the partners to enter into other transactions on behalf of the partnership and any other matter.
2. If a statement of partnership authority names an agent, the agent shall maintain a list of the names and mailing addresses of all of the partners and make it available to any person on request for good cause shown.
3. If a filed statement of partnership authority is executed pursuant to subsection 3 of section 26 of this act and states the name of the partnership but does not contain all of the other information required by subsection 1, the statement nevertheless operates with respect to a person not a partner as provided in subsections 4 and 5.
4. Except as otherwise provided in subsection 7, a filed statement of partnership authority supplements the authority of a partner to enter into transactions on behalf of the partnership as follows:
(a) Except for transfers of real property, a grant of authority contained in a filed statement of partnership authority is conclusive in favor of a person who gives value without knowledge to the contrary, so long as and to the extent that a limitation on that authority is not then contained in another filed statement. A filed cancellation of a limitation on authority revives the previous grant of authority.
(b) A grant of authority to transfer real property held in the name of the partnership contained in a certified copy of a filed statement of partnership authority recorded in the office for recording transfers of that real property is conclusive in favor of a person who gives value without knowledge to the contrary, so long as and to the extent that a certified copy of a filed statement containing a limitation on that authority is not then of record in the office for recording transfers of that real property.
κ2005 Statutes of Nevada, Page 428 (CHAPTER 128, SB 199)κ
of a filed statement containing a limitation on that authority is not then of record in the office for recording transfers of that real property. The recording in the office for recording transfers of that real property of a certified copy of a filed cancellation of a limitation on authority revives the previous grant of authority.
5. A person not a partner is deemed to know of a limitation on the authority of a partner to transfer real property held in the name of the partnership if a certified copy of the filed statement containing the limitation on authority is of record in the office for recording transfers of that real property.
6. Except as otherwise provided in subsections 4 and 5 and sections 57 and 63 of this act, a person not a partner is not deemed to know of a limitation on the authority of a partner merely because the limitation is contained in a filed statement.
7. Unless earlier cancelled, a filed statement of partnership authority is cancelled by operation of law 5 years after the date on which the statement, or the most recent amendment, was filed with the Secretary of State.
Sec. 36. A partner or other person named as a partner in a filed statement of partnership authority or in a list maintained by an agent pursuant to subsection 2 of section 35 of this act may file a statement of denial stating the name of the partnership and the fact that is being denied, which may include denial of a persons authority or status as a partner. A statement of denial is a limitation on authority as provided in subsections 4 and 5 of section 35 of this act.
Sec. 37. 1. A partnership is liable for loss or injury caused to a person, or for a penalty incurred, as a result of a wrongful act or omission, or other actionable conduct, of a partner acting in the ordinary course of business of the partnership or with authority of the partnership.
2. If, in the course of the partnerships business or while acting with authority of the partnership, a partner receives or causes the partnership to receive money or property of a person not a partner, and the money or property is misapplied by a partner, the partnership is liable for the loss.
Sec. 38. 1. Except as otherwise provided in subsections 2 and 3, all partners are liable jointly and severally for all obligations of the partnership unless otherwise agreed by the claimant or provided by law.
2. A person admitted as a partner into an existing partnership is not personally liable for any partnership obligation incurred before the persons admission as a partner.
3. An obligation of a partnership incurred while the partnership is a registered limited-liability partnership, whether arising in contract, tort or otherwise, is solely the obligation of the partnership. A partner is not personally liable, directly or indirectly, by way of contribution or otherwise, for such an obligation solely by reason of being or so acting as a partner. This subsection applies notwithstanding anything inconsistent in the partnership agreement that existed immediately before the filing of a certificate of registration pursuant to NRS 87.440.
Sec. 39. 1. A partnership may sue and be sued in the name of the partnership.
2. An action may be brought against the partnership and, to the extent not inconsistent with section 38 of this act, any or all of the partners in the same action or in separate actions.
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3. A judgment against a partnership is not by itself a judgment against a partner. A judgment against a partnership may not be satisfied from a partners assets unless there is also a judgment against the partner.
4. A judgment creditor of a partner may not levy execution against the assets of the partner to satisfy a judgment based on a claim against the partnership unless the partner is personally liable for the claim under section 38 of this act and:
(a) A judgment based on the same claim has been obtained against the partnership and a writ of execution on the judgment has been returned unsatisfied in whole or in part;
(b) The partnership is a debtor in bankruptcy;
(c) The partner has agreed that the creditor need not exhaust partnership assets;
(d) A court grants permission to the judgment creditor to levy execution against the assets of a partner based on a finding that partnership assets subject to execution are clearly insufficient to satisfy the judgment, that exhaustion of partnership assets is excessively burdensome or that the grant of permission is an appropriate exercise of the courts equitable powers; or
(e) Liability is imposed on the partner by law or contract independent of the existence of the partnership.
5. This section applies to any partnership liability or obligation resulting from a representation by a partner or purported partner under section 40 of this act.
Sec. 40. 1. If a person, by words or conduct, purports to be a partner, or consents to being represented by another as a partner, in a partnership or with one or more persons not partners, the purported partner is liable to a person to whom the representation is made, if that person, relying on the representation, enters into a transaction with the actual or purported partnership. If the representation, either by the purported partner or by a person with the purported partners consent, is made in a public manner, the purported partner is liable to a person who relies upon the purported partnership even if the purported partner is not aware of being held out as a partner to the claimant. If partnership liability results, the purported partner is liable with respect to that liability as if the purported partner were a partner. If no partnership liability results, the purported partner is liable with respect to that liability jointly and severally with any other person consenting to the representation.
2. If a person is thus represented to be a partner in an existing partnership, or with one or more persons not partners, the purported partner is an agent of persons consenting to the representation to bind them to the same extent and in the same manner as if the purported partner were a partner, with respect to persons who enter into transactions in reliance upon the representation. If all of the partners of the existing partnership consent to the representation, a partnership act or obligation results. If fewer than all of the partners of the existing partnership consent to the representation, the person acting and the partners consenting to the representation are jointly and severally liable.
3. A person is not liable as a partner merely because the person is named by another in a statement of partnership authority.
4. A person does not continue to be liable as a partner merely because of a failure to file a statement of dissociation or to amend a statement of partnership authority to indicate the partners dissociation from the partnership.
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partnership authority to indicate the partners dissociation from the partnership.
5. Except as otherwise provided in subsections 1 and 2, persons who are not partners as to each other are not liable as partners to other persons.
Sec. 41. 1. Each partner is deemed to have an account that is:
(a) Credited with an amount equal to the money plus the value of any other property, net of the amount of any liabilities, the partner contributes to the partnership and the partners share of the partnership profits; and
(b) Charged with an amount equal to the money plus the value of any other property, net of the amount of any liabilities, distributed by the partnership to the partner and the partners share of the partnership losses.
2. Each partner is entitled to an equal share of the partnership profits and is chargeable with a share of the partnership losses in proportion to the partners share of the profits.
3. A partnership shall reimburse a partner for payments made and indemnify a partner for liabilities incurred by the partner in the ordinary course of the business of the partnership or for the preservation of its business or property.
4. A partnership shall reimburse a partner for an advance to the partnership beyond the amount of capital the partner agreed to contribute.
5. A payment or advance made by a partner which gives rise to a partnership obligation under subsection 3 or 4 constitutes a loan to the partnership which accrues interest from the date of the payment or advance.
6. Each partner has equal rights in the management and conduct of the partnership business.
7. A partner may use or possess partnership property only on behalf of the partnership.
8. A partner is not entitled to remuneration for services performed for the partnership, except for reasonable compensation for services rendered in winding up the business of the partnership.
9. A person may become a partner only with the consent of all of the partners.
10. A difference arising as to a matter in the ordinary course of business of a partnership may be decided by a majority of the partners. An act outside the ordinary course of business of a partnership and an amendment to the partnership agreement may be undertaken only with the consent of all of the partners.
11. This section does not affect the obligations of a partnership to other persons under section 33 of this act.
Sec. 42. A partner has no right to receive, and may not be required to accept, a distribution in kind.
Sec. 43. 1. A partnership shall keep its books and records, if any, at its chief executive office.
2. A partnership shall provide partners and their agents and attorneys access to its books and records. It shall provide former partners and their agents and attorneys access to books and records pertaining to the period during which they were partners. The right of access provides the opportunity to inspect and copy books and records during ordinary business hours. A partnership may impose a reasonable charge, covering the costs of labor and material, for copies of documents furnished.
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3. Each partner and the partnership shall furnish to a partner, and to the legal representative of a deceased partner or partner under legal disability:
(a) Without demand, any information concerning the partnerships business and affairs reasonably required for the proper exercise of the partners rights and duties under the partnership agreement or sections 2 to 65, inclusive, of this act; and
(b) On demand, any other information concerning the partnerships business and affairs, except to the extent the demand or the information demanded is unreasonable or otherwise improper under the circumstances.
Sec. 44. 1. The only fiduciary duties a partner owes to the partnership and the other partners are the duty of loyalty and the duty of care set forth in subsections 2 and 3.
2. A partners duty of loyalty to the partnership and the other partners is limited to the following:
(a) To account to the partnership and hold as trustee for it any property, profit or benefit derived by the partner in the conduct and winding up of the partnership business or derived from a use by the partner of partnership property, including the appropriation of a partnership opportunity;
(b) To refrain from dealing with the partnership in the conduct or winding up of the partnership business as or on behalf of a party having an interest adverse to the partnership; and
(c) To refrain from competing with the partnership in the conduct of the partnership business before the dissolution of the partnership.
3. A partners duty of care to the partnership and the other partners in the conduct and winding up of the partnership business is limited to refraining from engaging in grossly negligent or reckless conduct, intentional misconduct or a knowing violation of law.
4. A partner shall discharge the duties to the partnership and the other partners under sections 2 to 65, inclusive, of this act or under the partnership agreement and exercise any rights consistently with the obligation of good faith and fair dealing.
5. A partner does not violate a duty or obligation under sections 2 to 65, inclusive, of this act or under the partnership agreement merely because the partners conduct furthers the partners own interest.
6. A partner may lend money to and transact other business with the partnership, and as to each loan or transaction the rights and obligations of the partner are the same as those of a person who is not a partner, subject to other applicable law.
7. This section applies to a person winding up the partnership business as the personal or legal representative of the last surviving partner as if the person were a partner.
Sec. 45. 1. A partnership may maintain an action against a partner for a breach of the partnership agreement, or for the violation of a duty to the partnership, causing harm to the partnership.
2. A partner may maintain an action against the partnership or another partner for legal or equitable relief, with or without an accounting as to partnership business, to:
(a) Enforce the partners rights under the partnership agreement;
(b) Enforce the partners rights under sections 2 to 65, inclusive, of this act, including:
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(1) The partners rights under section 41, 43 or 44 of this act;
(2) The partners right on dissociation to have the partners interest in the partnership purchased pursuant to section 54 of this act or enforce any other right under sections 51 to 58, inclusive, of this act; or
(3) The partners right to compel a dissolution and winding up of the partnership business under section 59 of this act or enforce any other right under sections 59 to 65, inclusive, of this act; or
(c) Enforce the rights and otherwise protect the interests of the partner, including rights and interests arising independently of the partnership relationship.
3. The accrual of, and any time limitation on, a right of action for a remedy under this section is governed by other law. A right to an accounting upon a dissolution and winding up does not revive a claim barred by law.
Sec. 46. 1. If a partnership for a definite term or particular undertaking is continued, without an express agreement, after the expiration of the term or completion of the undertaking, the rights and duties of the partners remain the same as they were at the expiration or completion, so far as is consistent with a partnership at will.
2. If the partners, or those of them who habitually acted in the business during the term or undertaking, continue the business without any settlement or liquidation of the partnership, they are presumed to have agreed that the partnership will continue.
Sec. 47. A partner is not a co-owner of partnership property and has no interest in partnership property which can be transferred, either voluntarily or involuntarily.
Sec. 48. The only transferable interest of a partner in the partnership is the partners share of the profits and losses of the partnership and the partners right to receive distributions. The interest is personal property.
Sec. 49. 1. A transfer, in whole or in part, of a partners transferable interest in the partnership:
(a) Is permissible;
(b) Does not by itself cause the partners dissociation or a dissolution and winding up of the partnership business; and
(c) Does not, as against the other partners or the partnership, entitle the transferee, during the continuance of the partnership, to participate in the management or conduct of the partnership business, to require access to information concerning partnership transactions or to inspect or copy the partnership books or records.
2. A transferee of a partners transferable interest in the partnership has a right:
(a) To receive, in accordance with the transfer, distributions to which the transferor would otherwise be entitled;
(b) To receive upon the dissolution and winding up of the partnership business, in accordance with the transfer, the net amount otherwise distributable to the transferor; and
(c) To seek under subsection 6 of section 59 of this act a judicial determination that it is equitable to wind up the partnership business.
3. In a dissolution and winding up, a transferee is entitled to an account of partnership transactions only from the date of the latest account agreed to by all of the partners.
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4. Upon transfer, the transferor retains the rights and duties of a partner other than the interest in distributions transferred.
5. A partnership need not give effect to a transferees rights under this section until it has notice of the transfer.
6. A transfer of a partners transferable interest in the partnership in violation of a restriction on transfer contained in the partnership agreement is ineffective as to a person having notice of the restriction at the time of transfer.
Sec. 50. 1. On application by a judgment creditor of a partner or of a partners transferee, a court having jurisdiction may charge the transferable interest of the judgment debtor to satisfy the judgment. The court may appoint a receiver of the share of the distributions due or to become due to the judgment debtor in respect of the partnership and make all other orders, directions, accounts and inquiries the judgment debtor might have made or which the circumstances of the case may require.
2. A charging order constitutes a lien on the judgment debtors transferable interest in the partnership. The court may order a foreclosure of the interest subject to the charging order at any time. The purchaser at the foreclosure sale has the rights of a transferee.
3. At any time before foreclosure, an interest charged may be redeemed:
(a) By the judgment debtor;
(b) With property other than partnership property, by one or more of the other partners; or
(c) With partnership property, by one or more of the other partners with the consent of all of the partners whose interests are not so charged.
4. Sections 2 to 65, inclusive, of this act does not deprive a partner of a right under exemption laws with respect to the partners interest in the partnership.
5. This section provides the exclusive remedy by which a judgment creditor of a partner or partners transferee may satisfy a judgment out of the judgment debtors transferable interest in the partnership.
Sec. 51. A partner is dissociated from a partnership upon the occurrence of any of the following events:
1. The partnerships having notice of the partners express will to withdraw as a partner or on a later date specified by the partner;
2. An event agreed to in the partnership agreement as causing the partners dissociation;
3. The partners expulsion pursuant to the partnership agreement;
4. The partners expulsion by the unanimous vote of the other partners if:
(a) It is unlawful to carry on the partnership business with that partner;
(b) There has been a transfer of all or substantially all of that partners transferable interest in the partnership, other than a transfer for security purposes, or a court order charging the partners interest, which has not been foreclosed;
(c) Within 90 days after the partnership notifies a corporate partner that it will be expelled because it has filed a certificate of dissolution or the equivalent, its charter has been revoked or its right to conduct business has been suspended by the jurisdiction of its incorporation, there is no revocation of the certificate of dissolution or no reinstatement of its charter or its right to conduct business; or
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revocation of the certificate of dissolution or no reinstatement of its charter or its right to conduct business; or
(d) A partnership that is a partner has been dissolved and its business is being wound up;
5. On application by the partnership or another partner, the partners expulsion by judicial determination because:
(a) The partner engaged in wrongful conduct that adversely and materially affected the partnership business;
(b) The partner willfully or persistently committed a material breach of the partnership agreement or of a duty owed to the partnership or the other partners under section 44 of this act; or
(c) The partner engaged in conduct relating to the partnership business which makes it not reasonably practicable to carry on the business in partnership with the partner;
6. The partners:
(a) Becoming a debtor in bankruptcy;
(b) Executing an assignment for the benefit of creditors;
(c) Seeking, consenting to or acquiescing in the appointment of a trustee, receiver or liquidator of that partner or of all or substantially all of that partners property; or
(d) Failing, within 90 days after the appointment, to have vacated or stayed the appointment of a trustee, receiver or liquidator of the partner or of all or substantially all of the partners property obtained without the partners consent or acquiescence, or failing within 90 days after the expiration of a stay to have the appointment vacated;
7. In the case of a partner who is a natural person:
(a) The partners death;
(b) The appointment of a guardian or general conservator for the partner; or
(c) A judicial determination that the partner has otherwise become incapable of performing the partners duties under the partnership agreement;
8. In the case of a partner that is a trust or is acting as a partner by virtue of being a trustee of a trust, distribution of the trusts entire transferable interest in the partnership, but not merely by reason of the substitution of a successor trustee;
9. In the case of a partner that is an estate or is acting as a partner by virtue of being a personal representative of an estate, distribution of the estates entire transferable interest in the partnership, but not merely by reason of the substitution of a successor personal representative; or
10. Termination of a partner who is not a natural person, partnership, corporation, trust or estate.
Sec. 52. 1. A partner has the power to dissociate at any time, rightfully or wrongfully, by express will pursuant to subsection 1 of section 51 of this act.
2. A partners dissociation is wrongful only if:
(a) It is in breach of an express provision of the partnership agreement; or
(b) In the case of a partnership for a definite term or particular undertaking, before the expiration of the term or the completion of the undertaking:
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(1) The partner withdraws by express will, unless the withdrawal follows within 90 days after another partners dissociation by death or otherwise under subsections 6 to 10, inclusive, of section 51 of this act or wrongful dissociation under this subsection;
(2) The partner is expelled by judicial determination under subsection 5 of section 51 of this act;
(3) The partner is dissociated by becoming a debtor in bankruptcy; or
(4) In the case of a partner who is not a natural person, a trust other than a business trust or an estate, the partner is expelled or otherwise dissociated because it willfully dissolved or terminated.
3. A partner who wrongfully dissociates is liable to the partnership and to the other partners for damages caused by the dissociation. The liability is in addition to any other obligation of the partner to the partnership or to the other partners.
Sec. 53. 1. If a partners dissociation results in a dissolution and winding up of the partnership business, the provisions of sections 59 to 65, inclusive, of this act apply. If a partners dissociation does not result in a dissolution and winding up of the partnership business, the provisions of sections 54 to 58, inclusive, of this act apply.
2. Upon a partners dissociation:
(a) The partners right to participate in the management and conduct of the partnership business terminates, except as otherwise provided in section 61 of this act;
(b) The partners duty of loyalty under paragraph (c) of subsection 2 of section 44 of this act terminates; and
(c) The partners duty of loyalty under paragraphs (a) and (b) of subsection 2 of section 44 of this act and duty of care under subsection 3 of section 44 of this act continue only with regard to matters arising and events occurring before the partners dissociation, unless the partner participates in winding up the partnerships business pursuant to section 61 of this act.
Sec. 54. 1. If a partner is dissociated from a partnership without resulting in a dissolution and winding up of the partnership business under section 59 of this act, the partnership shall cause the dissociated partners interest in the partnership to be purchased for a buyout price determined pursuant to subsection 2.
2. The buyout price of a dissociated partners interest is the amount that would have been distributable to the dissociating partner under subsection 2 of section 65 of this act if, on the date of dissociation, the assets of the partnership were sold at a price equal to the greater of the liquidation value or the value based on a sale of the entire business as a going concern without the dissociated partner and the partnership were wound up as of that date. Interest must be paid from the date of dissociation to the date of payment.
3. Damages for wrongful dissociation under subsection 2 of section 52 of this act, and all other amounts owing, whether or not presently due, from the dissociated partner to the partnership, must be offset against the buyout price. Interest must be paid from the date the amount owed becomes due to the date of payment.
4. A partnership shall indemnify a dissociated partner whose interest is being purchased against all partnership liabilities, whether incurred before or after the dissociation, except liabilities incurred by an act of the dissociated partner under section 55 of this act.
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before or after the dissociation, except liabilities incurred by an act of the dissociated partner under section 55 of this act.
5. If no agreement for the purchase of a dissociated partners interest is reached within 120 days after a written demand for payment, the partnership shall pay, or cause to be paid, in cash to the dissociated partner the amount the partnership estimates to be the buyout price and accrued interest, reduced by any offsets and accrued interest under subsection 3.
6. If a deferred payment is authorized under subsection 8, the partnership may tender a written offer to pay the amount it estimates to be the buyout price and accrued interest, reduced by any offsets under subsection 3, stating the time of payment, the amount and type of security for payment and the other terms and conditions of the obligation.
7. The payment or tender required by subsection 5 or 6 must be accompanied by the following:
(a) A statement of partnership assets and liabilities as of the date of dissociation;
(b) The latest available partnership balance sheet and income statement, if any;
(c) An explanation of how the estimated amount of the payment was calculated; and
(d) Written notice that the payment is in full satisfaction of the obligation to purchase unless, within 120 days after the written notice, the dissociated partner commences an action to determine the buyout price, any offsets under subsection 3 or other terms of the obligation to purchase.
8. A partner who wrongfully dissociates before the expiration of a definite term or the completion of a particular undertaking is not entitled to payment of any portion of the buyout price until the expiration of the term or completion of the undertaking, unless the partner establishes to the satisfaction of the court that earlier payment will not cause undue hardship to the business of the partnership. A deferred payment must be adequately secured and bear interest.
9. A dissociated partner may maintain an action against the partnership, pursuant to subparagraph (2) of paragraph (b) of subsection 2 of section 45 of this act, to determine the buyout price of that partners interest, any offsets under subsection 3 or other terms of the obligation to purchase. The action must be commenced within 120 days after the partnership has tendered payment or an offer to pay or within 1 year after written demand for payment if no payment or offer to pay is tendered. The court shall determine the buyout price of the dissociated partners interest, any offset due under subsection 3 and accrued interest, and enter judgment for any additional payment or refund. If deferred payment is authorized under subsection 8, the court shall also determine the security for payment and other terms of the obligation to purchase. The court may assess reasonable attorneys fees and the fees and expenses of appraisers or other experts for a party to the action, in amounts the court finds equitable, against a party that the court finds acted arbitrarily, vexatiously or not in good faith. The finding may be based on the partnerships failure to tender payment or an offer to pay or to comply with subsection 7.
Sec. 55. 1. For 2 years after a partner dissociates without resulting in a dissolution and winding up of the partnership business, the partnership is bound by an act of the dissociated partner which would have bound the partnership under section 33 of this act before dissociation only if at the time of entering into the transaction the other party:
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bound the partnership under section 33 of this act before dissociation only if at the time of entering into the transaction the other party:
(a) Reasonably believed that the dissociated partner was then a partner;
(b) Did not have notice of the partners dissociation; and
(c) Is not deemed to have had knowledge under subsection 5 of section 35 of this act or notice under subsection 3 of section 57 of this act.
2. A dissociated partner is liable to the partnership for any damage caused to the partnership arising from an obligation incurred by the dissociated partner after dissociation for which the partnership is liable under subsection 1.
Sec. 56. 1. A partners dissociation does not of itself discharge the partners liability for a partnership obligation incurred before dissociation. A dissociated partner is not liable for a partnership obligation incurred after dissociation, except as otherwise provided in subsection 2.
2. A partner who dissociates without resulting in a dissolution and winding up of the partnership business is liable as a partner to the other party in a transaction entered into by the partnership, within 2 years after the partners dissociation, only if the partner is liable for the obligation under section 38 of this act and at the time of entering into the transaction the other party:
(a) Reasonably believed that the dissociated partner was then a partner;
(b) Did not have notice of the partners dissociation; and
(c) Is not deemed to have had knowledge under subsection 5 of section 35 of this act or notice under subsection 3 of section 57 of this act.
3. By agreement with the partnership creditor and the partners continuing the business, a dissociated partner may be released from liability for a partnership obligation.
4. A dissociated partner is released from liability for a partnership obligation if a partnership creditor, with notice of the partners dissociation but without the partners consent, agrees to a material alteration in the nature or time of payment of a partnership obligation.
Sec. 57. 1. A dissociated partner or the partnership may file a statement of dissociation stating the name of the partnership and that the partner is dissociated from the partnership.
2. A statement of dissociation is a limitation on the authority of a dissociated partner for the purposes of subsections 4 and 5 of section 35 of this act.
3. For the purposes of paragraph (c) of subsection 1 of section 55 of this act and paragraph (c) of subsection 2 of section 56 of this act, a person not a partner is deemed to have notice of the dissociation 90 days after the statement of dissociation is filed.
Sec. 58. Continued use of a partnership name, or a dissociated partners name as part thereof, by partners continuing the business does not of itself make the dissociated partner liable for an obligation of the partners or the partnership continuing the business.
Sec. 59. A partnership is dissolved, and its business must be wound up, only upon the occurrence of any of the following events:
1. In a partnership at will, the partnerships having notice from a partner, other than a partner who is dissociated under subsections 2 to 10, inclusive, of section 51 of this act, of that partners express will to withdraw as a partner, or on a later date specified by the partner;
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inclusive, of section 51 of this act, of that partners express will to withdraw as a partner, or on a later date specified by the partner;
2. In a partnership for a definite term or particular undertaking:
(a) Within 90 days after a partners dissociation by death or otherwise under subsections 6 to 10, inclusive, of section 51 of this act or wrongful dissociation under subsection 2 of section 52 of this act, the express will of at least half of the remaining partners to wind up the partnership business, for which purpose a partners rightful dissociation pursuant to subparagraph (1) of paragraph (b) of subsection 2 of section 52 of this act constitutes the expression of that partners will to wind up the partnership business;
(b) The express will of all of the partners to wind up the partnership business; or
(c) The expiration of the term or the completion of the undertaking;
3. An event agreed to in the partnership agreement resulting in the winding up of the partnership business;
4. An event that makes it unlawful for all or substantially all of the business of the partnership to be continued, but a cure of illegality within 90 days after notice to the partnership of the event is effective retroactively to the date of the event for purposes of this section;
5. On application by a partner, a judicial determination that:
(a) The economic purpose of the partnership is likely to be unreasonably frustrated;
(b) Another partner has engaged in conduct relating to the partnership business which makes it not reasonably practicable to carry on the business in partnership with that partner; or
(c) It is not otherwise reasonably practicable to carry on the partnership business in conformity with the partnership agreement; or
6. On application by a transferee of a partners transferable interest, a judicial determination that it is equitable to wind up the partnership business:
(a) After the expiration of the term or completion of the undertaking, if the partnership was for a definite term or particular undertaking at the time of the transfer or entry of the charging order that gave rise to the transfer; or
(b) At any time, if the partnership was a partnership at will at the time of the transfer or entry of the charging order that gave rise to the transfer.
Sec. 60. 1. Subject to subsection 2, a partnership continues after dissolution only for the purpose of winding up its business. The partnership is terminated when the winding up of its business is completed.
2. At any time after the dissolution of a partnership and before the winding up of its business is completed, all of the partners, including any dissociating partner other than a wrongfully dissociating partner, may waive the right to have the partnerships business wound up and the partnership terminated. In that event:
(a) The partnership resumes carrying on its business as if dissolution had never occurred, and any liability incurred by the partnership or a partner after the dissolution and before the waiver is determined as if dissolution had never occurred; and
(b) The rights of a third party accruing under subsection 1 of section 62 of this act or arising out of conduct in reliance on the dissolution before the third party knew or received a notification of the waiver may not be adversely affected.
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the third party knew or received a notification of the waiver may not be adversely affected.
Sec. 61. 1. After dissolution, a partner who has not wrongfully dissociated may participate in winding up the partnerships business, but on application of any partner, any partners legal representative or any transferee, the district court, for good cause shown, may order judicial supervision of the winding up.
2. The legal representative of the last surviving partner may wind up a partnerships business.
3. A person winding up a partnerships business may preserve the partnership business or property as a going concern for a reasonable time, prosecute and defend actions and proceedings, whether civil, criminal or administrative, settle and close the partnerships business, dispose of and transfer the partnerships property, discharge the partnerships liabilities, distribute the assets of the partnership pursuant to section 65 of this act, settle disputes by mediation or arbitration, and perform other necessary acts.
Sec. 62. Subject to section 63 of this act, a partnership is bound by a partners act after dissolution that:
1. Is appropriate for winding up the partnership business; or
2. Would have bound the partnership under section 33 of this act before dissolution, if the other party to the transaction did not have notice of the dissolution.
Sec. 63. 1. After dissolution, a partner who has not wrongfully dissociated may file a statement of dissolution stating the name of the partnership and that the partnership has dissolved and is winding up its business.
2. A statement of dissolution cancels a filed statement of partnership authority for the purposes of subsection 4 of section 35 of this act and is a limitation on authority for the purposes of subsection 5 of section 35 of this act.
3. For the purposes of sections 33 and 62 of this act, a person not a partner is deemed to have notice of the dissolution and the limitation on the partners authority as a result of the statement of dissolution 90 days after it is filed.
4. After filing and, if appropriate, recording a statement of dissolution, a dissolved partnership may file and, if appropriate, record a statement of partnership authority which will operate with respect to a person not a partner as provided in subsections 4 and 5 of section 35 of this act in any transaction, whether or not the transaction is appropriate for winding up the partnership business.
Sec. 64. 1. Except as otherwise provided in subsection 2 and section 38 of this act, after dissolution a partner is liable to the other partners for the partners share of any partnership liability incurred under section 62 of this act.
2. A partner who, with knowledge of the dissolution, incurs a partnership liability under subsection 2 of section 62 of this act by an act that is not appropriate for winding up the partnership business is liable to the partnership for any damage caused to the partnership arising from the liability.
Sec. 65. 1. In winding up a partnerships business, the assets of the partnership, including the contributions of the partners required by this section, must be applied to discharge its obligations to creditors, including, to the extent permitted by law, partners who are creditors.
κ2005 Statutes of Nevada, Page 440 (CHAPTER 128, SB 199)κ
section, must be applied to discharge its obligations to creditors, including, to the extent permitted by law, partners who are creditors. Any surplus must be applied to pay in cash the net amount distributable to partners in accordance with their right to distributions under subsection 2.
2. Each partner is entitled to a settlement of all partnership accounts upon winding up the partnership business. In settling accounts among the partners, profits and losses that result from the liquidation of the partnership assets must be credited and charged to the partners accounts. The partnership shall make a distribution to a partner in an amount equal to any excess of the credits over the charges in the partners account. A partner shall contribute to the partnership an amount equal to any excess of the charges over the credits in the partners account but excluding from the calculation charges attributable to an obligation for which the partner is not personally liable under section 38 of this act.
3. If a partner fails to contribute the full amount required under subsection 2, all of the other partners shall contribute, in the proportions in which those partners share partnership losses, the additional amount necessary to satisfy the partnership obligations for which they are personally liable under section 38 of this act. A partner or partners legal representative may recover from the other partners any contributions the partner makes to the extent the amount contributed exceeds that partners share of the partnership obligations for which the partner is personally liable under section 38 of this act.
4. After the settlement of accounts, each partner shall contribute, in the proportion in which the partner shares partnership losses, the amount necessary to satisfy partnership obligations that were not known at the time of the settlement and for which the partner is personally liable under section 38 of this act.
5. The estate of a deceased partner is liable for the partners obligation to contribute to the partnership.
6. An assignee for the benefit of creditors of a partnership or a partner, or a person appointed by a court to represent creditors of a partnership or a partner, may enforce a partners obligation to contribute to the partnership.
Sec. 66. NRS 87.010 is hereby amended to read as follows:
87.010 [This chapter] NRS 87.010 to 87.430, inclusive, and section 1.9 of this act may be cited as the Uniform Partnership Act.
Sec. 67. NRS 87.020 is hereby amended to read as follows:
87.020 As used in [this chapter,] NRS 87.010 to 87.430, inclusive, and section 1.9 of this act, unless the context otherwise requires:
1. Bankrupt includes bankrupt under the Federal Bankruptcy Act or insolvent under any state insolvent act.
2. [Business includes every trade, occupation or profession.
3.] Conveyance includes every assignment, lease, mortgage or encumbrance.
[4.] 3. Court includes every court and judge having jurisdiction in the case.
[5. Professional service means any type of personal service which may legally be performed only pursuant to a license or certificate of registration.
6.] 4. Real property includes land and any interest or estate in land.
κ2005 Statutes of Nevada, Page 441 (CHAPTER 128, SB 199)κ
[7. Record means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
8.] 5. Registered limited-liability partnership means a partnership formed pursuant to an agreement governed by [this chapter] NRS 87.010 to 87.430, inclusive, and section 1.9 of this act for the purpose of rendering a professional service and registered pursuant to and complying with NRS 87.440 to 87.560, inclusive.
[9. Sign means to affix a signature to a record.
10. Signature means a name, word, symbol or mark executed or otherwise adopted, or a record encrypted or similarly processed in whole or in part, by a person with the present intent to identify himself and adopt or accept a record. The term includes, without limitation, an electronic signature as defined in NRS 719.100.
11. Street address of a resident agent means the actual physical location in this State at which a resident agent is available for service of process.]
Sec. 68. NRS 87.030 is hereby amended to read as follows:
87.030 1. A person has knowledge of a fact within the meaning of [this chapter] NRS 87.010 to 87.430, inclusive, and section 1.9 of this act not only when he has actual knowledge thereof, but also when he has knowledge of such other facts as in the circumstances shows bad faith.
2. A person has notice of a fact within the meaning of [this chapter] NRS 87.010 to 87.430, inclusive, and section 1.9 of this act when the person who claims the benefit of the notice:
(a) States the fact to such person, or
(b) Delivers through the mail, or by other means of communication, a written statement of the fact to such person or to a proper person at his place of business or residence.
Sec. 69. NRS 87.040 is hereby amended to read as follows:
87.040 1. The rule that statutes in derogation of the common law are to be strictly construed [shall have] has no application to [this chapter.] NRS 87.010 to 87.430, inclusive, and section 1.9 of this act.
2. The law of estoppel [shall apply under this chapter.] applies to NRS 87.010 to 87.430, inclusive, and section 1.9 of this act.
3. The law of agency [shall apply under this chapter.
4. This chapter shall be so] applies to NRS 87.010 to 87.430, inclusive, and section 1.9 of this act.
4. The Uniform Partnership Act must be interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.
5. [This chapter] The provisions of NRS 87.010 to 87.430, inclusive, and section 1.9 of this act shall not be construed so as to impair the obligations of any contract existing on July 1, 1931, nor to affect any action or proceedings begun or right accrued before July 1, 1931.
Sec. 70. NRS 87.050 is hereby amended to read as follows:
87.050 In any case not provided for in [this chapter] NRS 87.010 to 87.430, inclusive, and section 1.9 of this act, the rules of law and equity, including the law merchant, [shall] govern.
κ2005 Statutes of Nevada, Page 442 (CHAPTER 128, SB 199)κ
Sec. 71. NRS 87.060 is hereby amended to read as follows:
87.060 1. Except as otherwise provided in subsection 2, a partnership is an association of two or more persons to carry on as co-owners a business for profit, and includes a registered limited-liability partnership.
2. Any association formed under any other statute of this State, or any statute adopted by authority, other than the authority of this State, is not a partnership under [this chapter,] NRS 87.010 to 87.430, inclusive, and section 1.9 of this act, unless the association would have been a partnership in this State before July 1, 1931. [This chapter applies] The provisions of NRS 87.010 to 87.430, inclusive, and section 1.9 of this act apply to limited partnerships except in so far as the statutes relating to such partnerships are inconsistent with it.
Sec. 72. NRS 87.110 is hereby amended to read as follows:
87.110 An admission or representation made by any partner concerning partnership affairs within the scope of his authority as conferred by [this chapter] NRS 87.010 to 87.430, inclusive, and section 1.9 of this act is evidence against the partnership.
Sec. 73. NRS 87.250 is hereby amended to read as follows:
87.250 1. A partner is co-owner with his partners of specific partnership property holding as a tenant in partnership.
2. The incidents of this tenancy are such that:
(a) A partner, subject to the provisions of [this chapter] NRS 87.010 to 87.430, inclusive, and section 1.9 of this act and to any agreement between the partners, has an equal right with his partners to possess specific partnership property for partnership purposes; but he has no right to possess such property for any other purpose without the consent of his partners.
(b) A partners right in specific partnership property is not assignable except in connection with the assignment of rights of all the partners in the same property.
(c) A partners right in specific partnership property is not subject to attachment or execution, except on a claim against the partnership. When partnership property is attached for a partnership debt the partners, or any of them, or the representatives of a deceased partner, cannot claim any right under the homestead or exemption laws.
(d) On the death of a partner his right in specific partnership property vests in the surviving partner or partners, except where the deceased was the last surviving partner, when his right in such property vests in his legal representative. Such surviving partner or partners, or the legal representative of the last surviving partner, has no right to possess the partnership property for any but a partnership purpose.
(e) A partners right in specific partnership property is not subject to dower, curtesy, or allowances to widows, heirs or next of kin.
Sec. 74. NRS 87.280 is hereby amended to read as follows:
87.280 1. On due application to a competent court by any judgment creditor of a partner, the court which entered the judgment, order, or decree, or any other court, may charge the interest of the debtor partner with payment of the unsatisfied amount of such judgment debt with interest thereon; and may then or later appoint a receiver of his share of the profits, and of any other money due or to fall due to him in respect of the partnership, and make all other orders, directions, accounts and inquiries which the debtor partner might have made, or which the circumstances of the case may require.
κ2005 Statutes of Nevada, Page 443 (CHAPTER 128, SB 199)κ
2. The interest charged may be redeemed at any time before foreclosure, or in case of a sale being directed by the court may be purchased without thereby causing a dissolution:
(a) With separate property, by any one or more of the partners; or
(b) With partnership property, by any one or more of the partners with the consent of all the partners whose interests are not so charged or sold.
3. Nothing in [this chapter] the provisions of NRS 87.010 to 87.430, inclusive, and section 1.9 of this act shall be held to deprive a partner of his right, if any, under the exemption laws, as regards his interest in the partnership.
Sec. 75. NRS 88.635 is hereby amended to read as follows:
88.635 In any case not provided for in this chapter, the provisions of [chapter 87 of] NRS 87.010 to 87.430, inclusive, and section 1.9 of this act govern.
Sec. 76. NRS 89.200 is hereby amended to read as follows:
89.200 The provisions of chapter 87 of NRS [(Uniform Partnership Act)] do not apply to professional associations.
Sec. 77. The amendatory provisions of this act do not affect an action or proceeding commenced or right accrued before July 1, 2006.
Sec. 78. If a partnership formed before July 1, 2006, voluntarily elects to be governed by the provisions of sections 2 to 65, inclusive, of this act, the provisions of sections 2 to 65, inclusive, of this act relating to the liability of the partnerships partners to third parties apply to limit those partners liability to a third party who had done business with the partnership within 1 year before the partnerships election to be governed by the provisions of sections 2 to 65, inclusive, of this act only if the third party knows or has received a notification of the partnerships election to be governed by the provisions of sections 2 to 65, inclusive, of this act.
Sec. 79. This act becomes effective on July 1, 2006.
________
κ2005 Statutes of Nevada, Page 444κ
Assembly Bill No. 502Committee on Commerce and Labor
CHAPTER 129
AN ACT relating to unemployment compensation; requiring the Administrator of the Employment Security Division of the Department of Employment, Training and Rehabilitation to adopt certain regulations relating to unemployment insurance contributions; revising provisions relating to certain transfers of unemployment experience records; revising provisions relating to the timeliness of a request for review of or an appeal from certain actions of the Division; providing criminal and civil penalties; and providing other matters properly relating thereto.
[Approved: May 19, 2005]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 612 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The Administrator shall adopt regulations establishing procedures to identify:
(a) Transactions in which the transfer or acquisition of a business entity is for the sole or primary purpose of obtaining a lower unemployment insurance contribution rate; and
(b) Common ownership, management or control between two or more business entities, including, without limitation, through the movement of workforce between such business entities.
2. If, for any rate year, the Administrator determines that an employer has, through deliberate ignorance, reckless disregard, intent to evade, fraud, misrepresentation or willful nondisclosure, obtained or attempted to obtain a more favorable rate of contribution, the Administrator shall assign to the employer the maximum contribution rate plus 2 percent for each applicable rate year, the current rate year and the subsequent rate year. In addition to any penalty imposed pursuant to NRS 612.730, the Administrator shall impose on the employer a civil penalty of the greater of:
(a) Five thousand dollars; or
(b) Ten percent of the total amount of any resulting underreporting of contributions and any other penalties and interest imposed.
3. If the Administrator determines that a person or business entity knowingly advised another person or business entity to violate or attempt to violate any provision of this chapter, in addition to any penalty imposed pursuant to NRS 612.730, the Administrator shall impose on such person or business entity a civil penalty of the greater of:
(a) Five thousand dollars; or
(b) Ten percent of the total amount of any resulting underreporting of contributions and any other penalties and interest imposed.
4. All money collected pursuant to the provisions of this section must be deposited in the Unemployment Compensation Fund.
κ2005 Statutes of Nevada, Page 445 (CHAPTER 129, AB 502)κ
5. The exemption provided for in paragraph (a) of subsection 4 of NRS 612.606 does not apply to an employer whose assigned contribution rate is 5.4 percent or higher pursuant to the provisions of subsection 2.
6. As used in this section:
(a) Business entity means a partnership, corporation, association, limited liability entity, Indian tribe or any other legal entity.
(b) Knowingly means having actual knowledge of or acting with deliberate ignorance or reckless disregard of the law.
Sec. 2. NRS 612.245 is hereby amended to read as follows:
612.245 1. The Administrator may, upon his own motion or upon application of an employing unit, and after notice and opportunity for the employing unit to submit facts, make determinations with respect to whether an employing unit constitutes an employer and whether services performed for or in connection with the business of an employing unit constitute employment for that employing unit.
2. The Administrator may, upon his own motion or upon the application of an employing unit, make a determination that substantially common ownership, management or control exists between any two or more employers.
3. Appeal from any such determination may be taken in the manner prescribed by this chapter for the appeal of determinations respecting benefits.
[3.] 4. A determination of the Administrator which has not been appealed, or of the Appeal Tribunal, the Board of Review or the district court on appeal, together with the record, may be introduced in any proceeding involving a claim for benefits, and is conclusive as to the facts and the determination, unless the claimant introduces substantial evidence controverting a material fact so found.
Sec. 3. NRS 612.365 is hereby amended to read as follows:
612.365 1. Any person who is overpaid any amount as benefits under this chapter is liable for the amount overpaid unless:
(a) The overpayment was not due to fraud, misrepresentation or willful nondisclosure on the part of the recipient; and
(b) The overpayment was received without fault on the part of the recipient, and its recovery would be against equity and good conscience, as determined by the Administrator.
2. The amount of the overpayment must be assessed to the liable person, and he must be notified of the basis of the assessment. The notice must specify the amount for which the person is liable. In the absence of fraud, misrepresentation or willful nondisclosure, notice of the assessment must be mailed or personally served not later than 1 year after the close of the benefit year in which the overpayment was made.
3. At any time within 5 years after the notice of overpayment, the Administrator may recover the amount of the overpayment by using the same methods of collection provided in NRS 612.625 to 612.645, inclusive, 612.685 and 612.686 for the collection of past due contributions or by deducting the amount of the overpayment from any benefits payable to the liable person under this chapter.
4. The Administrator may waive recovery or adjustment of all or part of the amount of any such overpayment which he finds to be uncollectible or the recovery or adjustment of which he finds to be administratively impracticable.
κ2005 Statutes of Nevada, Page 446 (CHAPTER 129, AB 502)κ
5. Any person against whom liability is determined under this section may appeal therefrom within [10] 11 days after the date the notice provided for in this section was mailed to, or served upon, the person. An appeal must be made and conducted in the manner provided in this chapter for the appeals from determinations of benefit status. The [10-day] 11-day period provided for in this subsection may be extended for good cause shown.
Sec. 4. NRS 612.371 is hereby amended to read as follows:
612.371 1. Any person who has been awarded back pay because he was unlawfully discharged is liable for the amount of the benefits paid to him during the period for which the back pay was awarded, without regard to the length of time that has passed since the benefits were paid. The employers reserve account must be credited, effective as of the date the benefits were paid, with the amount of those benefits. Before an employer pays the employee, he shall ascertain the amount of the benefits received by the person during the period for which back pay was awarded and shall withhold that amount from the payment of back pay. He shall deliver the amount withheld to the Division.
2. The Administrator may recover from the person liable, the amount due within 3 years after the payment of back pay, if the employer does not withhold it, by using the method of collection provided in NRS 612.625 to 612.645, inclusive, or by deducting the amount due from any benefits payable to the person liable for repayment.
3. The Administrator may waive recovery or adjustment of all or part of the amount due which he finds to be uncollectible or the recovery or adjustment of which he finds to be administratively impracticable.
4. Any person who is liable pursuant to this section may appeal the repayment within [10] 11 days after the award of back pay. The appeal must be made in the manner provided in this chapter for the appeals from determinations of benefit status. The [10-day] 11-day period provided for in this subsection may be extended by the Administrator for good cause.
Secs. 5 and 6. (Deleted by amendment.)
Sec. 7. NRS 612.475 is hereby amended to read as follows:
612.475 1. The last employing unit of any unemployed claimant and the next to last employing unit of an unemployed claimant who has not earned remuneration with his last covered employer equal to or exceeding his weekly benefit amount in each of 16 weeks must be notified of any new claim or additional claim filed by the unemployed claimant following his separation.
2. The notice of the filing of a claim must contain the claimants name and social security number and may contain the reason for separation from the employing unit affected as given by the claimant, the date of separation and such other information as is deemed proper.
3. Upon receipt of a notice of the filing of a claim, the employing unit shall, within [10] 11 days after the date of the mailing of the notice, submit to the Division any facts which may affect the claimants rights to benefits.
4. Any employing unit that receives a notice of the filing of a claim may protest payment of benefits to the unemployed claimant if the protest is filed within [10] 11 days after the notice is filed.
5. Any employing unit which has filed a protest in accordance with the provisions of this section must be notified in writing of the determination arrived at by the Administrator or his Deputy, and the notice must contain a statement setting forth the right of appeal.
κ2005 Statutes of Nevada, Page 447 (CHAPTER 129, AB 502)κ
6. As used in this section:
(a) Additional claim means a claim filed during the benefit year when a break of 1 week or more has occurred in the series of claims with intervening employment.
(b) New claim means an application for a determination of eligibility and benefits, benefit amount and duration of benefits which certifies to the beginning date of a first period of unemployment in a benefit year or the continuance of a period of unemployment into a new benefit year.
Sec. 8. NRS 612.485 is hereby amended to read as follows:
612.485 1. Any determination or redetermination is final [10] 11 days after the date of notification or mailing of the notice of determination or redetermination unless a request for reconsideration or an appeal is filed within the [10-day] 11-day period.
2. Nothing in this section limits or abridges the authority of the Administrator to make a redetermination as provided in NRS 612.480.
3. Any notice of a determination or redetermination must clearly indicate the interested persons right to appeal.
Sec. 9. NRS 612.495 is hereby amended to read as follows:
612.495 1. Any person entitled to a notice of determination or redetermination may file an appeal from the determination with an Appeal Tribunal, and the Administrator shall be a party respondent thereto. The appeal must be filed within [10] 11 days after the date of mailing or personal service of the notice of determination or redetermination. The [10-day] 11-day period may be extended for good cause shown. Any employing unit whose rights may be adversely affected may be permitted by the Appeal Tribunal to intervene as a party respondent to the appeal.
2. An appeal shall be deemed to be filed on the date it is delivered to the Division, or, if it is mailed, on the postmarked date appearing on the envelope in which it was mailed, if postage is prepaid and the envelope is properly addressed to the office of the Division that mailed notice of the persons claim for benefits to each employer entitled to notice under NRS 612.475.
3. The [10-day] 11-day period provided for in this section must be computed by excluding the day the determination was mailed or personally served, and including the last day of the [10-day] 11-day period, unless the last day is a Saturday, Sunday or holiday, in which case that day must also be excluded.
4. The Appeal Tribunal may permit the withdrawal of the appeal by the appellant at the appellants request if there is no coercion or fraud involved in the withdrawal.
Sec. 10. NRS 612.510 is hereby amended to read as follows:
612.510 1. After a hearing an Appeal Tribunal shall make its findings promptly and on the basis thereof affirm, modify or reverse the determination. Each party must be promptly furnished a copy of the decision and the supporting findings.
2. The decision is final unless an appeal to the Board of Review or a request for review or appeal to the Board of Review is filed, within [10] 11 days after the decision has been mailed to each partys last known address or otherwise delivered to him. The [10-day] 11-day period may be extended for good cause shown.
3. A request for review or appeal to the Board of Review shall be deemed to be filed on the date it is delivered to the Division, or, if it is mailed, on the postmarked date appearing on the envelope in which it was mailed, if the postage was prepaid and the envelope was properly addressed to one of the offices of the Division.
κ2005 Statutes of Nevada, Page 448 (CHAPTER 129, AB 502)κ
mailed, on the postmarked date appearing on the envelope in which it was mailed, if the postage was prepaid and the envelope was properly addressed to one of the offices of the Division.
4. The time provided for in this section must be computed in the manner provided in NRS 612.495.
Sec. 11. NRS 612.515 is hereby amended to read as follows:
612.515 1. An appeal to the Board of Review by any party must be allowed as a matter of right if the Appeal Tribunals decision reversed or modified the Administrators determination. In all other cases, further review must be at the discretion of the Board of Review.
2. The Board on its own motion may initiate a review of a decision or determination of an Appeal Tribunal within [10] 11 days after the date of mailing of the decision.
3. The Board may affirm, modify or reverse the findings or conclusions of the Appeal Tribunal solely on the basis of evidence previously submitted, or upon the basis of such additional evidence as it may direct to be taken.
4. Each party, including the Administrator, must be promptly furnished a copy of the decision and the supporting findings of the Board of Review.
Sec. 12. NRS 612.525 is hereby amended to read as follows:
612.525 1. Any decision of the Board of Review in the absence of an appeal therefrom as herein provided becomes final [10] 11 days after the date of notification or mailing thereof, and judicial review thereof is permitted only after any party claiming to be aggrieved thereby has exhausted his administrative remedies as provided by this chapter.
2. The Administrator shall be deemed to be a party to any judicial action involving any such decision, and may be represented in any such judicial action by:
(a) Any qualified attorney employed by the Administrator and designated by him for that purpose; or
(b) The Attorney General, at the Administrators request.
3. The Administrator may appeal from any decision of the Board of Review to the courts as may any other party to that decision.
Sec. 13. NRS 612.530 is hereby amended to read as follows:
612.530 1. Within [10] 11 days after the decision of the Board of Review has become final, any party aggrieved thereby or the Administrator may secure judicial review thereof by commencing an action in the district court of the county where the employment which is the basis of the claim was performed for the review of the decision, in which action any other party to the proceedings before the Board of Review must be made a defendant.
2. In such action, a petition which need not be verified, but which must state the grounds upon which a review is sought, must be served upon the Administrator, unless he is the appellant, or upon such person as he may designate, and such service shall be deemed completed service on all parties, but there must be left with the party so served as many copies of the petition as there are defendants, and the Administrator shall forthwith mail one such copy to each defendant.
3. With his answer or petition, the Administrator shall certify and file with the court originals or true copies of all documents and papers and a transcript of all testimony taken in the matter, together with the Board of Reviews findings of fact and decision therein. The Administrator may certify to the court questions of law involved in any decision.
κ2005 Statutes of Nevada, Page 449 (CHAPTER 129, AB 502)κ
4. In any judicial proceedings under this section, the finding of the Board of Review as to the facts, if supported by evidence and in the absence of fraud, is conclusive, and the jurisdiction of the court is confined to questions of law.
5. Such actions, and the questions so certified, must be heard in a summary manner and must be given precedence over all other civil cases except cases arising under chapters 616A to 616D, inclusive, or chapter 617 of NRS.
6. An appeal may be taken from the decision of the district court to the Supreme Court of Nevada in the same manner, but not inconsistent with the provisions of this chapter, as is provided in civil cases.
7. It is not necessary, in any judicial proceeding under this section, to enter exceptions to the rulings of the Board of Review, and no bond may be required for entering the appeal.
8. Upon the final determination of the judicial proceeding, the Board of Review shall enter an order in accordance with the determination.
9. A petition for judicial review does not act as a supersedeas or stay unless the Board of Review so orders.
Sec. 14. NRS 612.545 is hereby amended to read as follows:
612.545 1. For the purposes of NRS 612.535, 612.540 and 612.606, wages do not include that part of the wages paid for employment to a person by an employer during any calendar year which exceeds 66 2/3 percent of the average annual wage, rounded to the nearest hundred dollars, for the preceding calendar year unless that part of the wages is subject to a tax under a federal law imposing a tax against which credit may be taken for contributions paid under this chapter. The average annual wage for employers who do not elect reimbursement in lieu of contributions must be computed as follows: On or before July 1, the total wages reported for the preceding calendar year by those employers who are subject to the provisions of this chapter must be divided by the average of the 12 mid-month totals of all workers in employment for employers as reported in that year.
2. For the purpose of this section:
(a) Any employer who acquired a part of or the entire [or a distinct and severable portion of the] organization, trade or business or substantially all of the assets of an employer must be treated as a single unit with its predecessor for the calendar year in which the acquisition occurs.
(b) The wages paid by an employer to an employee performing services for him in another state upon which contributions are required to be paid by that employer under the unemployment compensation law of that state, must be included as part of the wages used to calculate the contributions in subsection 1.
Sec. 15. NRS 612.550 is hereby amended to read as follows:
612.550 1. As used in this section:
(a) Average actual duration means the number of weeks obtained by dividing the number of weeks of benefits paid for weeks of total unemployment in a consecutive 12-month period by the number of first payments made in the same 12-month period.
(b) Average annual payroll for each calendar year means the annual average of total wages paid by an employer subject to contributions for the 3 consecutive calendar years immediately preceding the computation date. The average annual payroll for employers first qualifying as eligible employers must be computed on the total amount of wages paid, subject to contributions, for not less than 10 consecutive quarters and not more than 12 consecutive quarters ending on December 31, immediately preceding the computation date.
κ2005 Statutes of Nevada, Page 450 (CHAPTER 129, AB 502)κ
contributions, for not less than 10 consecutive quarters and not more than 12 consecutive quarters ending on December 31, immediately preceding the computation date.
(c) Beneficiary means a person who has received a first payment.
(d) Computation date for each calendar year means June 30 of the preceding calendar year.
(e) Covered worker means a person who has worked in employment subject to this chapter.
(f) First payment means the first weekly unemployment insurance benefit paid to a person in his benefit year.
(g) Reserve balance means the excess, if any, of total contributions paid by each employer over total benefit charges to his experience rating record.
(h) Reserve ratio means the percentage ratio that the reserve balance bears to the average annual payroll.
(i) Total contributions paid means the total amount of contributions, due on wages paid on or before the computation date, paid by an employer not later than the last day of the second month immediately following the computation date.
(j) Unemployment risk ratio means the ratio obtained by dividing the number of first payments issued in any consecutive 12-month period by the average monthly number of covered workers in employment as shown on the records of the Division for the same 12-month period.
2. The Administrator shall, as of the computation date for each calendar year, classify employers in accordance with their actual payrolls, contributions and benefit experience, and shall determine for each employer the rate of contribution which applies to him for each calendar year in order to reflect his experience and classification. The contribution rate of an employer may not be reduced below 2.95 percent, unless there have been 12 consecutive calendar quarters immediately preceding the computation date throughout which he has been subject to this chapter and his account as an employer could have been charged with benefit payments, except that an employer who has not been subject to the law for a sufficient period to meet this requirement may qualify for a rate less than 2.95 percent if his account has been chargeable throughout a lesser period not less than the 10-consecutive-calendar-quarter period ending on the computation date.
3. Any employer who qualifies under paragraph (b) of subsection 9 and receives the experience record of a predecessor employer must be assigned the contribution rate of his predecessor.
4. Benefits paid to a person up to and including the computation date must be charged against the records, for experience rating, of his base-period employers in the same percentage relationship that wages reported by individual employers represent to total wages reported by all base period employers, except that:
(a) If one of the base period employers has paid 75 percent or more of the wages paid to the person during his base period, and except as otherwise provided in NRS 612.551, the benefits, less a proportion equal to the proportion of wages paid during the base period by employers who make reimbursement in lieu of contributions, must be charged to the records for experience rating of that employer. The proportion of benefits paid which is equal to the part of the wages of the claimant for the base period paid by an employer who makes reimbursement must be charged to the record of that employer.
κ2005 Statutes of Nevada, Page 451 (CHAPTER 129, AB 502)κ
employer who makes reimbursement must be charged to the record of that employer.
(b) No benefits paid to a multistate claimant based upon entitlement to benefits in more than one state may be charged to the experience rating record of any employer when no benefits would have been payable except pursuant to NRS 612.295.
(c) Except for employers who have been given the right to make reimbursement in lieu of contributions, extended benefits paid to a person must not be charged against the accounts of his base-period employers.
5. The Administrator shall, as of the computation date for each calendar year, compute the reserve ratio for each eligible employer and shall classify those employers on the basis of their individual reserve ratios. The contribution rate assigned to each eligible employer for the calendar year must be determined by the range within which his reserve ratio falls. The Administrator shall, by regulation, prescribe the contribution rate schedule to apply for each calendar year by designating the ranges of reserve ratios to which must be assigned the various contribution rates provided in subsection 6. The lowest contribution rate must be assigned to the designated range of highest reserve ratios and each succeeding higher contribution rate must be assigned to each succeeding designated range of lower reserve ratios, except that, within the limits possible, the differences between reserve ratio ranges must be uniform.
6. Each employer eligible for a contribution rate based upon experience and classified in accordance with this section must be assigned a contribution rate by the Administrator for each calendar year according to the following classes:
Class 1....................................................................................................... 0.25 percent
Class 2....................................................................................................... 0.55 percent
Class 3....................................................................................................... 0.85 percent
Class 4....................................................................................................... 1.15 percent
Class 5....................................................................................................... 1.45 percent
Class 6....................................................................................................... 1.75 percent
Class 7....................................................................................................... 2.05 percent
Class 8....................................................................................................... 2.35 percent
Class 9....................................................................................................... 2.65 percent
Class 10..................................................................................................... 2.95 percent
Class 11..................................................................................................... 3.25 percent
Class 12..................................................................................................... 3.55 percent
Class 13..................................................................................................... 3.85 percent
Class 14..................................................................................................... 4.15 percent
Class 15..................................................................................................... 4.45 percent
Class 16..................................................................................................... 4.75 percent
Class 17..................................................................................................... 5.05 percent
Class 18..................................................................................................... 5.40 percent
7. On September 30 of each year, the Administrator shall determine:
(a) The highest of the unemployment risk ratios experienced in the 109 consecutive 12-month periods in the 10 years ending on March 31;
(b) The potential annual number of beneficiaries found by multiplying the highest unemployment risk ratio by the average monthly number of covered workers in employment as shown on the records of the Division for the 12 months ending on March 31;
κ2005 Statutes of Nevada, Page 452 (CHAPTER 129, AB 502)κ
covered workers in employment as shown on the records of the Division for the 12 months ending on March 31;
(c) The potential annual number of weeks of benefits payable found by multiplying the potential number of beneficiaries by the highest average actual duration experienced in the 109 consecutive 12-month periods in the 10 years ending on September 30; and
(d) The potential maximum annual benefits payable found by multiplying the potential annual number of weeks of benefits payable by the average payment made to beneficiaries for weeks of total unemployment in the 12 months ending on September 30.
8. The Administrator shall issue an individual statement, itemizing benefits charged during the 12-month period ending on the computation date, total benefit charges, total contributions paid, reserve balance and the rate of contributions to apply for that calendar year, for each employer whose account is in active status on the records of the Division on January 1 of each year and whose account is chargeable with benefit payments on the computation date of that year.
9. [The] If an employer transfers its trade or business, or a portion thereof, to another employer:
(a) And there is substantially common ownership, management or control of the employers, the experience record attributable to the transferred trade or business must be transferred to the employer to whom the trade or business is transferred. The rates of both employers must be recalculated and the recalculated rates become effective on the date of the transfer of the trade or business. If the Administrator determines, following the transfer of the experience record pursuant to this paragraph, that the sole or primary purpose of the transfer of the trade or business was to obtain a reduced liability for contributions, the Administrator shall combine the experience rating records of the employers involved into a single account and assign a single rate to the account.
(b) And there is no substantially common ownership, management or control of the employers, the experience record of an employer may be transferred to a successor employer as of the effective date of the change of ownership if:
[(a)] (1) The successor employer acquires the entire or a severable and distinct portion of the business, or substantially all of the assets, of the employer;
[(b)] (2) The successor employer notifies the Division of the acquisition in writing within 90 days after the date of the acquisition;
[(c)] (3) The employer and successor employer submit a joint application to the Administrator requesting the transfer; and
[(d)] (4) The joint application is approved by the Administrator.
Κ The joint application must be submitted within 1 year after the date of issuance by the Division of official notice of eligibility to transfer.
(c) Except as otherwise provided in paragraph (a), a transfer of the experience record must not be completed if the Administrator determines that the acquisition was effected solely or primarily to obtain a more favorable contribution rate.
10. Whenever an employer has paid no wages in employment for 8 consecutive calendar quarters following the last calendar quarter in which he paid wages for employment, the Administrator shall terminate his experience rating account, and the account must not thereafter be used in any rate computation.
κ2005 Statutes of Nevada, Page 453 (CHAPTER 129, AB 502)κ
rating account, and the account must not thereafter be used in any rate computation.
11. The Administrator may adopt reasonable accounting methods to account for those employers which are in a category for providing reimbursement in lieu of contributions.
Sec. 16. NRS 612.618 is hereby amended to read as follows:
612.618 1. If a check or draft is tendered on or before the due date in payment of contributions but is afterward dishonored by the financial institution on which it is drawn, the check or draft does not constitute timely payment unless the Administrator determines that dishonor occurred because of fault on the part of the financial institution.
2. The Administrator shall charge an additional fee in the amount established by the State Controller pursuant to NRS 353C.115 for handling against a person who presents a check or draft afterward dishonored. The fee may be waived only by the Administrator. The fee must be deposited in the Unemployment Compensation Administration Fund.
Sec. 17. NRS 612.686 is hereby amended to read as follows:
612.686 1. If a person is notified of a delinquency pursuant to NRS 612.685, he shall neither transfer, pay over nor make any other disposition of money or property belonging to the delinquent employing unit, or any portion thereof, until the Administrator consents thereto in writing.
2. A person so notified shall, within [10] 11 days after receipt of the notice, advise the Administrator of all credits, debts or other personal property of the delinquent employing unit in his possession, under his control or owing by him, as the case may be.
3. The Administrator may, personally or by registered or certified mail, give the person so notified a demand to transmit. Upon receipt of the demand, that person shall transmit to the Division, within the time and in the manner stated in the demand, the lesser of:
(a) All the credits, debts or other personal property of the delinquent employing unit in his possession, under his control or owing by him; or
(b) The amount specified in the demand.
Κ Except as otherwise provided in subsection 4, no further notice is required.
4. If the property of the delinquent employing unit consists of a series of payments owed to it, the person who owes or controls the payments shall transmit them to the Division until otherwise notified by the Administrator. If the debt is not paid within 1 year after the demand to transmit was given, the Administrator shall give another demand to the person who owes or controls the payments, instructing him to continue to transmit the payments or informing him that his duty to transmit them has ceased.
5. A person notified of a delinquency who makes any transfer or other disposition of property required to be withheld or transmitted to the Division is liable for the amount of the delinquency to the extent of the value of the property or the amount of the debt so transferred or paid.
6. The Division shall determine as promptly as practicable whether sufficient liquid assets have been withheld or transmitted to satisfy its claim. As soon as the Division determines that the assets are sufficient, it shall consent in writing to a transfer or other disposition of assets in excess of the amount needed.
κ2005 Statutes of Nevada, Page 454 (CHAPTER 129, AB 502)κ
Sec. 18. NRS 612.730 is hereby amended to read as follows:
612.730 1. Any employing unit or any officer or agent of an employing unit or any other person who makes a false statement or representation knowing it to be false, or who knowingly fails to disclose a material fact, to prevent or reduce the payment of benefits to any [individual] natural person entitled thereto, [or to avoid becoming or remaining subject hereto, or to avoid or reduce any contribution or other payment required from an employing unit under this chapter,] or who willfully fails or refuses to make any such contributions or other payment or to furnish any reports required by this chapter, or to produce or permit the inspection or copying of records as required by this chapter, is guilty of a misdemeanor.
2. [Whenever two or more persons shall conspire to accomplish any of the objects provided in this section, every such person is guilty of a gross misdemeanor.] Any employing unit, or any officer or agent of an employing unit or any other person who knowingly:
(a) Attempts to use a plan or scheme to avoid becoming or remaining subject to the provisions of this chapter or to reduce any contribution or other payment required pursuant to the provisions of this chapter; or
(b) Advises an employing unit to use a plan or scheme to avoid becoming or remaining subject to the provisions of this chapter or to reduce any contribution or other payment required pursuant to the provisions of this chapter,
Κ is guilty of a category C felony and shall be punished as provided in NRS 193.130.
Sec. 19. NRS 612.752 is hereby repealed.
Sec. 20. 1. This section and sections 3, 4, 7 to 13, inclusive, 17 and 19 of this act become effective upon passage and approval.
2. Sections 5, 6 and 16 of this act become effective on July 1, 2005.
3. Sections 1, 2, 14, 15 and 18 of this act become effective on January 1, 2006.
________
κ2005 Statutes of Nevada, Page 455κ
Assembly Bill No. 80Assemblymen Goicoechea, Christensen, Allen, Carpenter, Sherer, Gansert, Grady, Marvel and Sibley (by request)
Joint Sponsor: Senator McGinness
CHAPTER 130
AN ACT relating to wells; providing a procedure by which the State Engineer may approve a waiver from the requirement of plugging an abandoned well; requiring the State Engineer to adopt regulations relating to continuing education for well drillers; and providing other matters properly relating thereto.
[Approved: May 24, 2005]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 534.060 is hereby amended to read as follows:
534.060 1. During the sinking or boring of a well the permittee shall cause to be placed in the well a proper and sufficient casing approved by the State Engineer, so arranged as to prevent the caving in of the well and to prevent the escape of water therefrom through any intervening sand or gravel stratum, which casing must be of sufficient length to reach the deepest aquifer encountered during the sinking or boring of the well.
2. The number, size, type and distribution of perforations is optional with the permittee, except that no perforations may be made in a pipe tapping confined (artesian) water above the confining impervious materials.
3. The permittee shall provide the necessary valves, plugs or other appliances to prevent or control the flow of water from the well and prevent the loss of underground water above or below the ground surface.
4. If in the judgment of the State Engineer a well is in any manner defective he may order the owner to repair the well or, in his discretion, may cause the well to be repaired or sealed. If the State Engineer elects to repair or seal the well, the cost of repairing or sealing the well must be paid from the water distribution account and must not be charged to the owner of the well or be a lien on the land upon which the well is located or on other land of the owner to which water from the well is appurtenant.
5. If the State Engineer orders the owner to repair the well and if upon 15 days written notice by registered or certified mail, return receipt requested, the owner fails to repair the well, the State Engineer or his assistants or authorized agents may, without further notice, take such steps as may be necessary to effect such repairs. The cost thereof, including the labor and material, may in the first instance be paid by the State Engineer from the Water Distribution Revolving Account, but any such cost in any event is a lien on the land on which the well is located and, also, any other land possessed by the well owner to which the water from the well is appurtenant.
6. The State Engineer, his assistants or authorized agents, as the case may be, shall file an itemized and sworn statement, setting forth the date when the work was done and the nature of the labor so performed, with the board of county commissioners of the county wherein the charge and expense were incurred. The board of county commissioners shall thereupon present a bill for the expense to the person liable therefor under this section, and if that person neglects for 30 days thereafter to pay it, the bill and costs become a lien upon the lands and property of the person so liable for the payment of the bill, and must be collected as delinquent taxes against the lands and property are collected.
κ2005 Statutes of Nevada, Page 456 (CHAPTER 130, AB 80)κ
present a bill for the expense to the person liable therefor under this section, and if that person neglects for 30 days thereafter to pay it, the bill and costs become a lien upon the lands and property of the person so liable for the payment of the bill, and must be collected as delinquent taxes against the lands and property are collected.
7. When a well is abandoned or about to be abandoned, the owner, in lieu of plugging the well, may advise the State Engineer and other interested hydrologic entities that the well is available to monitor the groundwater. If, in the opinion of the State Engineer, the well would be useful as a site for monitoring, the State Engineer may grant the owner a waiver of the requirement that the well be plugged.
8. The State Engineer may grant the owner of a well a waiver of the requirement that the well be plugged under circumstances other than those set forth in subsection 7. The State Engineer shall adopt regulations that provide a procedure by which the State Engineer may approve a waiver from the requirement of plugging an abandoned well pursuant to this subsection.
Sec. 2. NRS 534.140 is hereby amended to read as follows:
534.140 1. Every well driller, before engaging in the physical drilling of a well in this State for development of water, must annually apply to the State Engineer for a license to drill.
2. The applications for those licenses and all licenses issued for the drilling of wells must be in the form prescribed by the State Engineer.
3. All well-drilling licenses expire on June 30 following their issuance and are not transferable.
4. A fee of $100 must accompany each application for a license and a fee of $50 must be paid each year for renewal of the license.
5. Those license fees must be accounted for in the State Engineers Water License Account and used to pay costs pertaining to licensing, the adoption and enforcement of regulations for well drilling and the compensation of the members of the Well Drillers Advisory Board and their expenses.
6. The State Engineer, after consulting with the Well Drillers Advisory Board, shall adopt regulations relating to continuing education for well drillers.
7. The State Engineer shall prepare and keep on file in his office regulations for well drilling.
[7.] 8. Before engaging in the physical drilling of a well in this State for the development of water, every well driller who is the owner of a well-drilling rig, or who has a well-drilling rig under lease or rental, or who has a contract to purchase a well-drilling rig, must obtain a license as a well driller from the State Contractors Board.
Sec. 3. This act becomes effective on July 1, 2005.
________
κ2005 Statutes of Nevada, Page 457κ
Assembly Bill No. 159Committee on Natural Resources, Agriculture, and Mining
CHAPTER 131
AN ACT relating to wildlife; revising the number of members who may be appointed to the county advisory board to manage wildlife in larger counties; and providing other matters properly relating thereto.
[Approved: May 24, 2005]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 501.260 is hereby amended to read as follows:
501.260 1. There is hereby created a county advisory board to manage wildlife in each of the several counties.
2. [Each] In a county whose population:
(a) Is less than 400,000, each board consists of three or five members, at the discretion of the board of county commissioners.
(b) Is 400,000 or more, each board consists of five or seven members, at the discretion of the board of county commissioners.
3. A chairman and vice chairman must be selected by each board.
________
Assembly Bill No. 231Assemblymen Atkinson, Horne, McClain, Parks, Allen, Arberry Jr., Buckley, Christensen, Claborn, Conklin, Denis, Gansert, Giunchigliani, Kirkpatrick, Koivisto, Manendo, McCleary, Mortenson, Munford, Oceguera, Ohrenschall, Perkins, Pierce and Sibley
CHAPTER 132
AN ACT relating to public schools; requiring local and regional governmental entities to conduct a study of safe walking routes for pupils in a certain area near schools; and providing other matters properly relating thereto.
[Approved: May 24, 2005]
Whereas, There are over 385,000 pupils in the public school system in the State of Nevada; and
Whereas, Pupils who live within 2 miles of the school that they attend are not eligible for transportation by bus to and from school, and therefore many of those pupils must walk both ways; and
Whereas, The safety of pupils walking between their homes and their schools is of critical importance to the community; and
Whereas, The existence of paved walking paths and well-maintained sidewalks increases the safety of those pupils; and
Whereas, Safe walking paths and sidewalks may also encourage more pupils to walk to and from school, thus promoting their overall health; and
κ2005 Statutes of Nevada, Page 458 (CHAPTER 132, AB 231)κ
Whereas, Both school districts and local governments play an integral role in ensuring the safety of pupils as they travel to and from school; and
Whereas, An effective way of ensuring the safety of pupils is to encourage school districts and local governments to cooperate in developing safe walking routes and improving the conditions of walking paths and sidewalks for pupils; now, therefore,
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. In a county whose population is 100,000 or more, the regional planning coalition created pursuant to NRS 278.02514 and the regional planning commission created pursuant to NRS 278.0262 shall each, in conjunction with the county school district and other local governments in the county, conduct a study of safe walking routes for pupils to public schools in the county.
2. The study must include, without limitation:
(a) A review and evaluation of the existing walking paths and sidewalks within a 1-mile radius of each public school located in the county;
(b) Recommendations for improvements to the conditions of those walking paths and sidewalks; and
(c) A review and evaluation of the programs currently implemented in the county to ensure safe walking routes for pupils to schools.
3. The regional planning coalition and regional planning commission shall each submit a report of the results of its study to the Director of the Legislative Counsel Bureau for transmittal to the 74th Session of the Nevada Legislature.
Sec. 2. This act becomes effective on July 1, 2005.
________
κ2005 Statutes of Nevada, Page 459κ
Senate Bill No. 91Committee on Finance
CHAPTER 133
AN ACT making a supplemental appropriation to the Department of Corrections for unanticipated operating, maintenance, inmate-driven expenses and utilities for the Fiscal Year 2004-2005 and for expenses for services relating to the takeover of the Southern Nevada Womens Correctional Facility for the Fiscal Year 2004-2005; and providing other matters properly relating thereto.
[Approved: May 24, 2005]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. There is hereby appropriated from the State General Fund to the Department of Corrections the sum of $3,719,069 to be allocated as follows:
For unanticipated operating, maintenance, inmate-driven expenses and utilities for the Fiscal Year 2004-2005 the sum of $2,495,636 allocated as follows:
Operating expenses of $90,000 allocated as follows:
Lovelock Correctional Center......................................................... $18,000
High Desert State Prison................................................................... $72,000
Maintenance expenses allocated to Lovelock Correctional Center $23,000
Inmate-driven expenses of $532,252 allocated as follows:
Medical services.............................................................................. $102,252
High Desert State Prison................................................................. $430,000
Utilities expenses of $1,850,384 allocated as follows:
Southern Nevada Correctional Center.......................................... $92,315
Northern Nevada Correctional Center........................................ $199,237
Stewart Conservation Camp........................................................... $22,034
Southern Desert Correctional Center........................................... $267,243
Wells Conservation Camp................................................................. $7,799
Humboldt Conservation Camp...................................................... $39,438
Ely Conservation Camp................................................................... $16,359
Jean Conservation Camp................................................................ $38,233
Tonopah Conservation Camp........................................................ $15,284
Ely State Prison................................................................................ $267,696
Lovelock Correctional Center....................................................... $200,048
High Desert State Prison................................................................. $684,698
For expenses relating to the takeover of the Southern Nevada Womens Correctional Facility for Fiscal Year 2004-2005................................................. $1,223,433
2. The appropriation made by subsection 1 is supplemental to that made by section 22 of chapter 327, Statutes of Nevada 2003, at page 1834.
κ2005 Statutes of Nevada, Page 460 (CHAPTER 133, SB 91)κ
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 31Senator Carlton
CHAPTER 134
AN ACT relating to aging persons; authorizing the President of the Nevada Silver Haired Legislative Forum to excuse absences from meetings; providing that officers of the Forum shall serve terms beginning on July 1 of each year; eliminating the restrictions on the locations in which the Forum may hold hearings; revising the date on which the recommendations for legislation of the Forum must be submitted to the Legislative Commission and the Governor; and providing other matters properly relating thereto.
[Approved: May 24, 2005]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 427A.360 is hereby amended to read as follows:
427A.360 1. A position in the Nevada Silver Haired Legislative Forum becomes vacant upon:
(a) The death or resignation of a member.
(b) The illness of a member that prevents him from attending three consecutive meetings of the Nevada Silver Haired Legislative Forum [.] , unless excused by the President.
(c) The absence of a member for any reason from three consecutive meetings of the Nevada Silver Haired Legislative Forum [.] , unless excused by the President.
2. If a vacancy occurs, the Legislative Commission shall appoint a person to serve the remainder of the unexpired term. The Legislative Commission may appoint a person whose membership in the National Silver Haired Congress has ended to fill a vacancy in the Nevada Silver Haired Legislative Forum.
3. As used in this section, President means the person elected to serve as President of the Nevada Silver Haired Legislative Forum pursuant to NRS 427A.370.
Sec. 2. NRS 427A.370 is hereby amended to read as follows:
427A.370 1. The Nevada Silver Haired Legislative Forum shall elect from among its members, to serve a term of 1 year beginning on July 1 of each year:
(a) A President, who shall conduct meetings and oversee the formation of committees as necessary to accomplish the purposes of the Nevada Silver Haired Legislative Forum.
(b) A Vice President, who shall assist the President and conduct meetings of the Nevada Silver Haired Legislative Forum if the President is absent or otherwise unable to perform his duties.
(c) A Secretary, who shall:
(1) Prepare and keep a record of meetings, including, without limitation, the date, time, place and purpose of every meeting; and
κ2005 Statutes of Nevada, Page 461 (CHAPTER 134, SB 31)κ
(2) At the first meeting [every year] of the Nevada Silver Haired Legislative Forum [,] on or after July 1 of each year, prepare a list of the dates of the meetings that are scheduled for the year.
(d) A Treasurer, who shall, with the assistance of the Director of the Legislative Counsel Bureau, administer any account established pursuant to NRS 427A.395.
2. The Director of the Legislative Counsel Bureau shall provide such persons as are necessary to assist the Nevada Silver Haired Legislative Forum in carrying out its duties.
Sec. 3. NRS 427A.380 is hereby amended to read as follows:
427A.380 1. The Nevada Silver Haired Legislative Forum may, within the limits of legislative appropriations and any gifts, grants or donations received by the Forum:
(a) During the period in which the Legislature is not in a regular session, hold three or more public hearings in [three different areas of this State and may hold additional public hearings in any area of] this State.
(b) During the period in which the Legislature is in a regular session, meet as often as necessary to conduct the business of the Forum.
(c) Form committees, which may meet as often as necessary to conduct the business of the Forum.
2. The Nevada Silver Haired Legislative Forum and its committees shall comply with the provisions of chapter 241 of NRS.
Sec. 4. NRS 427A.390 is hereby amended to read as follows:
427A.390 The Nevada Silver Haired Legislative Forum may:
1. Submit a report containing recommendations for legislative action to the Legislative Commission and the Governor before [July] September 1 of each even-numbered year.
2. Accept gifts, grants and donations that must be deposited in an account established pursuant to NRS 427A.395.
3. Adopt procedures to conduct meetings of the Nevada Silver Haired Legislative Forum and committees thereof. Those procedures may be changed upon approval of a majority vote of all members of the Nevada Silver Haired Legislative Forum who are present and voting.
Sec. 5. This act becomes effective on July 1, 2005.
________
κ2005 Statutes of Nevada, Page 462κ
Assembly Bill No. 118Assemblymen McClain, Hardy, Conklin, Ohrenschall, McCleary, Allen, Anderson, Atkinson, Buckley, Claborn, Denis, Gerhardt, Giunchigliani, Goicoechea, Grady, Hettrick, Hogan, Holcomb, Horne, Kirkpatrick, Koivisto, Leslie, Manendo, Mortenson, Munford, Oceguera, Parks, Parnell, Perkins, Pierce, Sherer, Sibley and Weber (by request)
Joint Sponsors: Senators Heck, Horsford, Schneider and Wiener
CHAPTER 135
AN ACT relating to tobacco; prohibiting smoking of tobacco in certain video arcades; revising the provisions governing smoking of tobacco in child care facilities; providing civil and criminal penalties; and providing other matters properly relating thereto.
[Approved: May 24, 2005]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 202.2491 is hereby amended to read as follows:
202.2491 1. Except as otherwise provided in subsections 5 and 6 and NRS 202.24915, the smoking of tobacco in any form is prohibited if done in any:
(a) Public elevator.
(b) Public building.
(c) Public waiting room, lobby or hallway of any:
(1) Medical facility or facility for the dependent as defined in chapter 449 of NRS; or
(2) Office of any chiropractor, dentist, physical therapist, physician, podiatric physician, psychologist, optician, optometrist or doctor of Oriental medicine.
(d) Hotel or motel when so designated by the operator thereof.
(e) Public area of a store principally devoted to the sale of food for human consumption off the premises.
(f) Child care facility.
(g) Bus used by the general public, other than a chartered bus, or in any maintenance facility or office associated with a bus system operated by any regional transportation commission.
(h) School bus.
(i) Video arcade.
2. The person in control of an area listed in paragraph (c), (d), (e) [, (f)] or (g) of subsection 1:
(a) Shall post in the area signs prohibiting smoking in any place not designated for that purpose as provided in paragraph (b).
(b) May designate separate rooms or portions of the area which may be used for smoking, except for a room or portion of the area of a store described in paragraph (e) of subsection 1 if the room or portion of the area:
(1) Is leased to or operated by a person licensed pursuant to NRS 463.160; and
κ2005 Statutes of Nevada, Page 463 (CHAPTER 135, AB 118)κ
(2) Does not otherwise qualify for an exemption set forth in NRS 202.24915.
3. The person in control of a public building:
(a) Shall post in the area signs prohibiting smoking in any place not designated for that purpose as provided in paragraph (b).
(b) Shall, except as otherwise provided in this subsection, designate a separate area which may be used for smoking.
Κ A school district which prohibits the use of tobacco by pupils need not designate an area which may be used by the pupils to smoke.
4. The operator of a restaurant with a seating capacity of 50 or more shall maintain a flexible nonsmoking area within the restaurant and offer each patron the opportunity to be seated in a smoking or nonsmoking area.
5. A business which derives more than 50 percent of its gross receipts from the sale of alcoholic beverages or 50 percent of its gross receipts from gaming operations may be designated as a smoking area in its entirety by the operator of the business.
6. The smoking of tobacco is not prohibited in:
(a) Any room or area designated for smoking pursuant to paragraph (b) of subsection 2 or paragraph (b) of subsection 3.
(b) A licensed gaming establishment. A licensed gaming establishment may designate separate rooms or areas within the establishment which may or may not be used for smoking.
7. [The person in control of a child care facility shall not allow children in any room or area he designates for smoking pursuant to paragraph (b) of subsection 2. Any such room or area must be sufficiently separate or ventilated so that there are no irritating or toxic effects of smoke in the other areas of the facility.
8.] As used in this section:
(a) Child care facility means an establishment [licensed pursuant to chapter 432A of NRS to provide care for 13 or more children.] operated and maintained to furnish care on a temporary or permanent basis, during the day or overnight, to five or more children under 18 years of age, if compensation is received for the care of any of those children. The term does not include the home of a natural person who provides child care.
(b) Licensed gaming establishment has the meaning ascribed to it in NRS 463.0169.
(c) Public building means any building or office space owned or occupied by:
(1) Any component of the University and Community College System of Nevada and used for any purpose related to the System.
(2) The State of Nevada and used for any public purpose, other than that used by the Department of Corrections to house or provide other services to offenders.
(3) Any county, city, school district or other political subdivision of the State and used for any public purpose.
Κ If only part of a building is owned or occupied by an entity described in this paragraph, the term means only that portion of the building which is so owned or occupied.
(d) School bus has the meaning ascribed to it in NRS 483.160.
(e) Video arcade means a facility legally accessible to persons under 18 years of age which is intended primarily for the use of pinball and video machines for amusement and which contains a minimum of 10 such machines.
κ2005 Statutes of Nevada, Page 464 (CHAPTER 135, AB 118)κ
machines for amusement and which contains a minimum of 10 such machines.
________
Assembly Bill No. 108Committee on Education
CHAPTER 136
AN ACT relating to educational personnel; revising provisions governing the appointment of a hearing officer in cases involving the demotion, dismissal or refusal to reemploy licensed educational personnel and in cases involving the suspension or revocation of an educational license; and providing other matters properly relating thereto.
[Approved: May 24, 2005]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 391.3161 is hereby amended to read as follows:
391.3161 1. [There is hereby created a list of hearing officers comprised of residents of this State who are attorneys at law. The State Board shall make appointments to the list after nominations have been made by the State Bar of Nevada and the Nevada Trial Lawyers Association. Each nominee appointed to the list must have completed a course of instruction in administrative law, relating to the provisions of this chapter, offered by the State Board. This course must consist of at least 4 hours of instruction in a classroom.
2. Each appointment to the list is for a term of 6 years or until resignation or removal for cause by the State Board. Vacancies must be filled in the same manner as original appointments.
3. Hearing officers may be selected from a list provided by the American Arbitration Association of arbitrators who are available upon request, if:
(a) The number of names on the list of qualified, trained hearing officers falls below 10; and
(b) The employee and the superintendent have so agreed in writing at least 5 school days before the list is requested.
Κ Selection of a hearing officer through the services of the American Arbitration Association must be accomplished in the same manner as described in subsection 2 of NRS 288.200. The employee and the board shall each pay half of the costs of a hearing held before a hearing officer selected from a list provided by the American Arbitration Association.] Each request for the appointment of a person to serve as a hearing officer must be submitted to the Superintendent of Public Instruction.
2. Within 10 days after receipt of such a request, the Superintendent of Public Instruction shall request that the Hearings Division of the Department of Administration appoint a hearing officer.
3. The State Board shall prescribe the procedures for exercising challenges to a hearing officer, including, without limitation, the number of challenges that may be exercised and the time limits in which the challenges must be exercised.
κ2005 Statutes of Nevada, Page 465 (CHAPTER 136, AB 108)κ
4. A hearing officer shall conduct hearings in cases of demotion, dismissal or a refusal to reemploy based on the grounds contained in subsection 1 of NRS 391.312.
5. This section does not preclude the employee and the superintendent from mutually selecting an attorney who is a resident of this State , an arbitrator provided by the American Arbitration Association or a representative of an agency or organization that provides alternative dispute resolution services to serve as a hearing officer to conduct a particular hearing.
Sec. 2. NRS 391.317 is hereby amended to read as follows:
391.317 1. At least 15 days before recommending to a board that it demote, dismiss or not reemploy a postprobationary employee, or dismiss or demote a probationary employee, the superintendent shall give written notice to the employee, by registered or certified mail, of his intention to make the recommendation.
2. The notice must:
(a) Inform the licensed employee of the grounds for the recommendation.
(b) Inform the employee that, if a written request therefor is directed to the superintendent within 10 days after receipt of the notice, the employee is entitled to a hearing before a hearing officer.
(c) [Inform the employee that he may request appointment of a hearing officer from a list provided by the American Arbitration Association and that one will be appointed if the superintendent agrees in writing.
(d)] Refer to chapter 391 of NRS.
Sec. 3. NRS 391.3192 is hereby amended to read as follows:
391.3192 1. As soon as possible after the time of his designation, the hearing officer shall hold a hearing to determine whether the grounds for the recommendation are substantiated.
2. The Superintendent of Public Instruction shall furnish the hearing officer with any assistance which is reasonably required to conduct the hearing, and the hearing officer may require witnesses to give testimony under oath and produce evidence relevant to the investigation.
3. The licensed employee and superintendent are entitled to be heard, to be represented by an attorney and to call witnesses in their behalf.
4. The hearing officer is entitled to be reimbursed for his reasonable actual expenses . [and to receive compensation for actual time served at a rate of $60 per hour.]
5. If requested by the hearing officer, an official transcript must be made.
6. The board and the licensed employee are equally responsible for the expense of and compensation for the hearing officer and the expense of the official transcript.
7. The State Board shall develop a set of uniform standards and procedures to be used in such a hearing. The technical rules of evidence do not apply to this hearing.
Sec. 4. NRS 391.322 is hereby amended to read as follows:
391.322 1. If the board of trustees of a school district or the Superintendent of Public Instruction or his designee submits a recommendation to the State Board for the suspension or revocation of a license issued pursuant to this chapter, the State Board shall give written notice of the recommendation to the person to whom the license has been issued.
κ2005 Statutes of Nevada, Page 466 (CHAPTER 136, AB 108)κ
notice of the recommendation to the person to whom the license has been issued.
2. A notice given pursuant to subsection 1 must contain:
(a) A statement of the charge upon which the recommendation is based;
(b) A copy of the recommendation received by the State Board;
(c) A statement that the licensee is entitled to a hearing before a hearing officer if the licensee makes a written request for the hearing as provided by subsection 3; and
(d) A statement that the grounds and procedure for the suspension or revocation of a license are set forth in NRS 391.320 to 391.361, inclusive.
3. A licensee to whom notice has been given pursuant to this section may request a hearing before a hearing officer selected pursuant to subsection 4. Such a request must be in writing and must be filed with the Superintendent of Public Instruction within 15 days after receipt of the notice by the licensee.
4. Upon receipt of a request filed pursuant to subsection 3, the Superintendent of Public Instruction shall request from the [American Arbitration Association a list of seven potential arbitrators to act as hearing officers.] Hearings Division of the Department of Administration a list of potential hearing officers. The licensee requesting a hearing and the Superintendent of Public Instruction shall select a person to serve as hearing officer from the list provided by the Hearings Division of the Department of Administration by alternately striking one name until the name of only one [arbitrator] hearing officer remains. The Superintendent of Public Instruction shall strike the first name.
5. If no request for a hearing is filed within the time specified in subsection 3, the State Board may suspend or revoke the license or take no action on the recommendation.
Sec. 5. NRS 391.3191 and 391.31915 are hereby repealed.
Sec. 6. The provisions of this act apply to all cases involving the demotion, dismissal or refusal to reemploy licensed educational personnel in which a request for a hearing is made on or after July 1, 2005, and to all cases involving the suspension or revocation of a license issued pursuant to chapter 391 of NRS in which a request for a hearing is made on or after July 1, 2005.
Sec. 7. This act becomes effective on July 1, 2005.
________
κ2005 Statutes of Nevada, Page 467κ
Senate Bill No. 297Committee on Human Resources and Education
CHAPTER 137
AN ACT relating to public welfare; revising provisions governing family resource centers; creating the Grants Management Advisory Committee within the Department of Human Resources to provide guidance and oversight concerning awards of money to certain agencies, organizations and institutions for the provision of services to persons served by the programs administered by the Department; abolishing the Committee for Protection of Children; and providing other matters properly relating thereto.
[Approved: May 24, 2005]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 430A of NRS is hereby amended by adding thereto a new section to read as follows:
Action plan means a plan established by a family resource center, with input from the family resource center council, which describes the services to be offered by the family resource center in an at-risk community.
Sec. 2. NRS 430A.010 is hereby amended to read as follows:
430A.010 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 430A.020 to 430A.080, inclusive, and section 1 of this act, have the meanings ascribed to them in those sections.
Sec. 3. NRS 430A.020 is hereby amended to read as follows:
430A.020 At-risk [neighborhood] community means a geographic area that the Director has declared to be in need of social and economic assistance and social service programs because of the number of families who reside there who:
1. Have low incomes;
2. Are transient; or
3. Have members whose ability to excel in academics, work and social situations is impaired by the educational, economic and social situation of the family as a unit.
Sec. 4. NRS 430A.040 is hereby amended to read as follows:
430A.040 Family resource center means a facility within an at-risk [neighborhood] community where families [who reside within that neighborhood or a contiguous at-risk neighborhood] may obtain:
1. An assessment of their eligibility for social services;
2. Social services; and
3. Referrals to obtain social services from other social service agencies or organizations.
Sec. 5. NRS 430A.070 is hereby amended to read as follows:
430A.070 [Neighborhood] Family resource center council means an organization of people who reside in an at-risk [neighborhood] community who assist and advise the family resource center [in their neighborhood or] which serves their [neighborhood which is created pursuant to NRS 430A.150.]
κ2005 Statutes of Nevada, Page 468 (CHAPTER 137, SB 297)κ
neighborhood or] which serves their [neighborhood which is created pursuant to NRS 430A.150.] community.
Sec. 6. NRS 430A.100 is hereby amended to read as follows:
430A.100 1. The Director may solicit and accept gifts and grants of money and other property, including real property, from any public or private source and may use the property and expend the money, subject to any limitations contained in the gift or grant, to carry out the provisions of this chapter.
2. Money received by the Director pursuant to this section must be accounted for separately in the State General Fund. The money in the account does not revert to the State General Fund at the end of any fiscal year and must be carried forward to the next fiscal year.
3. The Director may make grants of money from the account to [local governing boards or directly to] family resource centers to pay for any expenses incurred by those [boards or] centers in carrying out their responsibilities, and may place such conditions on the acceptance of those grants as he determines are necessary, including requiring a [board or] center to provide matching money.
4. The Advisory Committee shall review all requests for grants of money to family resource centers and shall make recommendations to the Director concerning the allocation of money in the account.
5. As used in this section, Advisory Committee means the Grants Management Advisory Committee created by section 18 of this act or a working group of the Grants Management Advisory Committee that is appointed pursuant to section 20 of this act.
Sec. 7. NRS 430A.110 is hereby amended to read as follows:
430A.110 The Director may enter into a contract with any person, association, government, governmental agency or political subdivision of a government to assist him [and the local governing boards] in carrying out the provisions of this chapter.
Sec. 8. NRS 430A.120 is hereby amended to read as follows:
430A.120 The Director shall adopt such regulations as are necessary to carry out the provisions of this chapter. The regulations must provide:
1. Criteria for evaluating and determining [which neighborhoods are at-risk neighborhoods.] the geographic boundaries for at-risk communities.
2. A method for establishing family resource centers, which must include the option of designating existing organizations as family resource centers.
3. Criteria for evaluating and approving [neighborhood] action plans. The criteria must provide that no action plan will be approved unless it is:
(a) Tailored to meet the specific needs of the [local] community;
(b) [Supported by active involvement of residents of the neighborhood and local businesses;] Developed with input from members of the family resource center council; and
(c) Feasible in relation to the resources available to the family resource center to which the action plan applies.
4. Criteria for the establishment and composition of a family resource center council.
Sec. 9. NRS 430A.130 is hereby amended to read as follows:
430A.130 Each [local governing board,] family resource center and [neighborhood] family resource center council may solicit and accept gifts and grants of money and other property, including real property, from any public or private source and may use the property and expend the money, subject to any limitations contained in the gift or grant, to carry out its functions.
κ2005 Statutes of Nevada, Page 469 (CHAPTER 137, SB 297)κ
public or private source and may use the property and expend the money, subject to any limitations contained in the gift or grant, to carry out its functions.
Sec. 10. NRS 430A.140 is hereby amended to read as follows:
430A.140 1. Before a family resource center may obtain a grant from the Director, the [appropriate local governing board must submit the neighborhood] family resource center:
(a) Must submit to the Director an action plan created by the [neighborhood council or the] family resource center [, along with its own recommendations as to an appropriate neighborhood action plan for that] with input from the family resource center council; and
(b) Must obtain approval from the Director of [the neighborhood] that action plan . [for the family resource center.
2. A neighborhood]
2. An action plan must be resubmitted to the Director for his approval:
(a) On or before [December] July 1 of each year; and
(b) Any time the [neighborhood council or] family resource center adopts a proposed amendment to the action plan.
Sec. 11. NRS 430A.150 is hereby amended to read as follows:
430A.150 1. [If the residents of an at-risk neighborhood want to have a] Each family resource center [established or designated to serve their neighborhood, they shall, with the assistance of the local governing board serving their neighborhood, establish a neighborhood council of not less than 8 persons and not more than 25 persons. At least 60 percent of the members] shall establish a family resource center council. The composition of the family resource center council must be [parents of children who live in the neighborhood who are not employed by local governmental entities, including school districts.] consistent with the criteria set forth by regulations adopted pursuant to NRS 430A.120.
2. All meetings of a [neighborhood] family resource center council must be conducted in accordance with the provisions of chapter 241 of NRS.
Sec. 12. NRS 430A.160 is hereby amended to read as follows:
430A.160 1. [Each family resource center may offer services directly through its own employees and resources or contract with social service agencies to provide services, or may do both.
2.] Each family resource center shall [provide, or] provide referrals to obtain, if available, the following services:
(a) Education on caring for infants and day care services for infants;
(b) Education on parenting;
(c) Health care services for children, including all required immunizations;
(d) Programs to identify and assist developmentally disabled infants and young children of up to 5 years of age; [and]
(e) Day care for children who are old enough to attend school, both before and after school [.
3. Each family resource center may provide, or provide referrals to obtain, if available:
(a)] ;
(f) Programs to assist senior citizens;
(g) Programs to supplement formal education, including, without limitation, mentor programs for pupils in elementary and secondary schools, literacy programs, programs that encourage parental involvement in school, programs that teach English as a second language, programs to assist in the naturalization process and other alternative educational programs;
κ2005 Statutes of Nevada, Page 470 (CHAPTER 137, SB 297)κ
programs that teach English as a second language, programs to assist in the naturalization process and other alternative educational programs;
[(b)] (h) Programs to teach adults and children skills for employment and self-sufficiency;
[(c)] (i) Services that will assist families with physical and mental health issues, the special needs of children, food and nutritional needs, recreational needs, housing problems, domestic violence and substance abuse;
[(d)] (j) Programs designed to [:
(1) Reduce] reduce the rate of pregnancies in unmarried teenage girls;
[(2) Reduce]
(k) Programs designed to reduce the rate at which pupils drop out of school; [and
(3) Educate and assist parents to help their children;
(e)] (l) Transportation services, particularly to assist people in traveling to the social service agencies from which they may be receiving services pursuant to this section;
[(f)] (m) Classes that teach alternative means of resolving disputes that arise in the family; and
[(g)] (n) Any other services for which the [neighborhoods] communities that the family resource center serves have a need.
[4.] 2. Each family resource center may offer services directly through its own employees and resources or contract with social service agencies to provide services, or may do both.
3. Any family resource center that offers services directly through its own employees and resources shall comply with all applicable state and federal laws and regulations regarding the delivery of the services.
Sec. 13. NRS 430A.200 is hereby amended to read as follows:
430A.200 1. On or before [April] August 1 of each year, each [local governing board] family resource center shall submit a report to the Director summarizing its achievements [and progress toward reaching the goals outlined in the neighborhood action plans in effect in its jurisdiction] and accounting for the expenditure of any money provided to it by the Director [.] for the previous fiscal year.
2. On or before September 30 of each year, the Director shall provide a written report to the Interim Finance Committee concerning the expenditure during the preceding fiscal year of all money received by the Director for carrying out the provisions of this chapter.
Sec. 14. NRS 430A.210 is hereby amended to read as follows:
430A.210 All social service agencies shall cooperate with [local governing boards] family resource centers in carrying out the provisions of this chapter, to the extent that doing so does not conflict with federal law or a specific state statute or administrative regulation.
Sec. 15. NRS 432.131 is hereby amended to read as follows:
432.131 1. The Childrens Trust Account is hereby created in the State General Fund. [The] Except as otherwise provided in subsection 2, the money in the Account must be used to prevent the abuse or neglect of children.
2. No more than 5 percent of the money credited to the Account each year may be used for the expenses [of] :
(a) Of administering the [Fund.] Account; and
κ2005 Statutes of Nevada, Page 471 (CHAPTER 137, SB 297)κ
(b) For travel of members of the Grants Management Advisory Committee created by section 18 of this act or members of a working group of the Grants Management Advisory Committee that is appointed pursuant to section 20 of this act.
3. The interest and income earned on the money in this Account, after deducting any applicable charges, must be credited to the Account.
4. Any money remaining in the Account at the end of each fiscal year does not revert to the State General Fund but must be carried over into the next fiscal year.
Sec. 16. NRS 432.133 is hereby amended to read as follows:
432.133 1. The Director of the Department of Human Resources is responsible for administering the Childrens Trust Account. [He may delegate to the Administrator any of the duties involved in administering the Account.]
2. The Director shall make awards of money, by contract or grant, from the Childrens Trust Account to agencies of the State or its political subdivisions and nonprofit community organizations or educational institutions which provide or will provide services for the prevention of the abuse or neglect of children. The duration of an award granted pursuant to this subsection must not exceed 3 years.
3. The Director shall report to each regular session of the Legislature regarding the agencies , [or] organizations or institutions that have been awarded money from the Childrens Trust Account, the money credited to the Account, the interest and income on the money in the Account, any unexpended money in the Account [,] and the general expenses of administering the Account.
4. Requests for awards of money from the Childrens Trust Account must be reviewed by the Grants Management Advisory Committee created by section 18 of this act.
Sec. 17. Chapter 232 of NRS is hereby amended by adding thereto the provisions set forth as sections 18, 19 and 20 of this act.
Sec. 18. 1. The Grants Management Advisory Committee is hereby created within the Department.
2. The Advisory Committee consists of the following 11 members appointed by the Director:
(a) A superintendent of a county school district;
(b) A director of a local agency providing services for abused or neglected children;
(c) A representative of a community organization involved with children;
(d) A representative of a department of juvenile justice services;
(e) A member who possesses knowledge, skill and experience in the provision of services to senior citizens;
(f) Two members who possess knowledge, skill and experience in finance or in business generally;
(g) A representative of the Nevada Association of Counties;
(h) A representative of a broad-based nonprofit organization who possesses knowledge, skill and experience in collaborating with the community and in building partnerships between the public sector and the private sector; and
κ2005 Statutes of Nevada, Page 472 (CHAPTER 137, SB 297)κ
(i) Two members of the public who possess knowledge of or experience in the provision of services to persons or families who are disadvantaged or at risk.
3. The Director shall ensure that, insofar as practicable, the members whom he appoints reflect the ethnic and geographical diversity of this State.
4. After the initial terms, each member of the Advisory Committee serves for a term of 2 years. Each member of the Advisory Committee continues in office until his successor is appointed.
5. Each member of the Advisory Committee who is not an officer or employee of this State or a political subdivision of this State is entitled to receive a salary of not more than $80 per day, fixed by the Director, while engaged in the business of the Advisory Committee.
6. While engaged in the business of the Advisory Committee, each member of the Advisory Committee is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.
7. A majority of the members of the Advisory Committee constitutes a quorum for the transaction of business, and a majority of a quorum present at any meeting is sufficient for any official action taken by the Advisory Committee.
8. A member of the Advisory Committee who is an officer or employee of this State or a political subdivision of this State must be relieved from his duties without loss of his regular compensation so that he may prepare for and attend meetings of the Advisory Committee and perform any work necessary to carry out the duties of the Advisory Committee in the most timely manner practicable. A state agency or political subdivision of this State shall not require an officer or employee who is a member of the Advisory Committee to:
(a) Make up the time he is absent from work to carry out his duties as a member of the Advisory Committee; or
(b) Take annual leave or compensatory time for the absence.
9. The Advisory Committee shall:
(a) At its first meeting and annually thereafter, elect a Chairman from among its members;
(b) Meet at the call of the Director, the Chairman or a majority of its members as necessary, within the budget of the Advisory Committee, but not to exceed six meetings per year; and
(c) Adopt rules for its own management and government.
Sec. 19. The Grants Management Advisory Committee created by section 18 of this act shall:
1. Review all requests received by the Department for awards of money from agencies of the State or its political subdivisions and nonprofit community organizations or educational institutions which provide or will provide services to persons served by the programs administered by the Department;
2. Submit recommendations to the Director concerning each request for an award of money that the Advisory Committee believes should be granted, including, without limitation, the name of the agency, nonprofit community organization or educational institution that submitted the request;
κ2005 Statutes of Nevada, Page 473 (CHAPTER 137, SB 297)κ
3. Adopt policies setting forth criteria to determine which agencies, organizations and institutions to recommend for an award of money;
4. Monitor awards of money granted by the Department to agencies of the State or its political subdivisions, and nonprofit community organizations or educational institutions which provide or will provide services to persons served by the programs administered by the Department;
5. Assist the staff of the Department in determining the needs of local communities and in setting priorities for funding programs administered by the Department; and
6. Consider funding strategies for the Department, including, without limitation, seeking ways to avoid unnecessary duplication of the services for which awards of money to agencies of the State or its political subdivisions and nonprofit community organizations or educational institutions are granted, and make recommendations concerning funding strategies to the Director.
Sec. 20. The Chairman of the Grants Management Advisory Committee created by section 18 of this act may appoint working groups composed of members of the Advisory Committee, former members of the Advisory Committee and members of the public who have relevant experience or knowledge:
1. To consider specific problems or other matters that are related to and within the scope of the functions of the Advisory Committee; and
2. To review requests for awards of money related to specific programs administered by the Department.
Sec. 21. NRS 232.290 is hereby amended to read as follows:
232.290 As used in NRS 232.290 to 232.465, inclusive, and sections 18, 19 and 20 of this act, unless the context requires otherwise:
1. Department means the Department of Human Resources.
2. Director means the Director of the Department.
Sec. 22. NRS 232.320 is hereby amended to read as follows:
232.320 1. Except as otherwise provided in subsection 2, the Director:
(a) Shall appoint, with the consent of the Governor, administrators of the divisions of the Department, who are respectively designated as follows:
(1) The Administrator of the Aging Services Division;
(2) The Administrator of the Health Division;
(3) The State Welfare Administrator;
(4) The Administrator of the Division of Child and Family Services; and
(5) The Administrator of the Division of Health Care Financing and Policy.
(b) Shall administer, through the divisions of the Department and the Office of Disability Services, the provisions of chapters 63, 423, 424, 425, 426A, 427A, 432A to 442, inclusive, 446 to 450, inclusive, of NRS, NRS 127.220 to 127.310, inclusive, 422.001 to 422.410, inclusive, 422.580, 426.205 to 426.295, inclusive, 432.010 to [432.139,] 432.133, inclusive, 444.003 to 444.430, inclusive, and 445A.010 to 445A.055, inclusive, and all other provisions of law relating to the functions of the divisions of the Department and the Office of Disability Services, but is not responsible for the clinical activities of the Health Division or the professional line activities of the other divisions or the Office of Disability Services.
κ2005 Statutes of Nevada, Page 474 (CHAPTER 137, SB 297)κ
(c) Shall, after considering advice from agencies of local governments and nonprofit organizations which provide social services, adopt a master plan for the provision of human services in this State. The Director shall revise the plan biennially and deliver a copy of the plan to the Governor and the Legislature at the beginning of each regular session. The plan must:
(1) Identify and assess the plans and programs of the Department for the provision of human services, and any duplication of those services by federal, state and local agencies;
(2) Set forth priorities for the provision of those services;
(3) Provide for communication and the coordination of those services among nonprofit organizations, agencies of local government, the State and the Federal Government;
(4) Identify the sources of funding for services provided by the Department and the allocation of that funding;
(5) Set forth sufficient information to assist the Department in providing those services and in the planning and budgeting for the future provision of those services; and
(6) Contain any other information necessary for the Department to communicate effectively with the Federal Government concerning demographic trends, formulas for the distribution of federal money and any need for the modification of programs administered by the Department.
(d) May, by regulation, require nonprofit organizations and state and local governmental agencies to provide information to him regarding the programs of those organizations and agencies, excluding detailed information relating to their budgets and payrolls, which he deems necessary for his performance of the duties imposed upon him pursuant to this section.
(e) Has such other powers and duties as are provided by law.
2. The Governor shall appoint the Administrator of the Division of Mental Health and Developmental Services.
Sec. 23. NRS 440.690 is hereby amended to read as follows:
440.690 1. The State Registrar shall keep a true and correct account of all fees received under this chapter.
2. The money collected pursuant to subsection 2 of NRS 440.700 must be remitted by the State Registrar to the State Treasurer for credit to the Childrens Trust Account [.] created by NRS 432.131. The money collected pursuant to subsection 3 of NRS 440.700 must be remitted by the State Registrar to the State Treasurer for credit to the Review of Death of Children Account [.] created by NRS 432B.409. Any other proceeds accruing to the State of Nevada under the provisions of this chapter must be forwarded to the State Treasurer for deposit in the State General Fund.
3. Upon the approval of the State Board of Examiners and pursuant to its regulations, the Health Division may maintain an account in a bank or credit union for the purpose of refunding overpayments of fees for vital statistics.
Sec. 24. NRS 440.700 is hereby amended to read as follows:
440.700 1. The State Registrar shall charge and collect the following fees:
For searching the files for one name, if no copy is made.................... $8
For verifying a vital record........................................................................... 8
κ2005 Statutes of Nevada, Page 475 (CHAPTER 137, SB 297)κ
For establishing and filing a record of paternity , [(] other than a hospital-based paternity , [),] and providing a certified copy of the new record...................................... $20
For a certified copy of a record of birth................................................................ 13
For a certified copy of a record of death.............................................................. 10
For correcting a record on file with the State Registrar and providing a certified copy of the corrected record.................................................................................................. 20
For replacing a record on file with the State Registrar and providing a certified copy of the new record.................................................................................................................... 20
For filing a delayed certificate of birth and providing a certified copy of the certificate 20
For the services of a Notary Public [,] provided by the State Registrar............. 2
For an index of records of marriage provided on microfiche to a person other than a county recorder of a county of this State................................................................. 200
For an index of records of divorce provided on microfiche to a person other than a county recorder of a county in this State.................................................................. 100
For compiling data files which require specific changes in computer programming 200
2. The fee collected for furnishing a copy of a certificate of birth or death includes the sum of $3 for credit to the Childrens Trust Account [.] created by NRS 432.131.
3. The fee collected for furnishing a copy of a certificate of death includes the sum of $1 for credit to the Review of Death of Children Account [.] created by NRS 432B.409.
4. Upon the request of any parent or guardian, the State Registrar shall supply, without the payment of a fee, a certificate limited to a statement as to the date of birth of any child as disclosed by the record of such birth when the certificate is necessary for admission to school or for securing employment.
5. The United States Bureau of the Census may obtain, without expense to the State, transcripts or certified copies of births and deaths without payment of a fee.
Sec. 25. NRS 430A.050, 430A.060, 430A.090, 432.135, 432.137 and 432.139 are hereby repealed.
Sec. 26. As soon as practicable after the effective date of this section, the Director of the Department of Human Resources shall appoint to the Grants Management Advisory Committee created by section 18 of this act:
1. Five members whose terms begin on July 1, 2005, and expire on June 30, 2006; and
2. Six members whose terms begin on July 1, 2005, and expire on June 30, 2007.
Sec. 27. 1. The term of each member of the Committee for Protection of Children created by NRS 432.135 expires on June 30, 2005.
2. To the extent practicable, the Director of the Department of Human Resources shall ensure that each person who was a member of the Committee for Protection of Children on June 30, 2005, is appointed as a member of or otherwise involved with:
κ2005 Statutes of Nevada, Page 476 (CHAPTER 137, SB 297)κ
(a) The Grants Management Advisory Committee created by section 18 of this act; or
(b) A working group of the Grants Management Advisory Committee that is appointed pursuant to section 20 of this act.
Sec. 28. Notwithstanding the provisions of sections 19 and 25 of this act that transfer the authority to adopt certain regulations from the Committee for Protection of Children created by NRS 432.135 to the Grants Management Advisory Committee created by section 18 of this act, any regulations adopted by the Committee for Protection of Children pursuant to NRS 432.139 before July 1, 2005, remain in effect and may be enforced by the Grants Management Advisory Committee until the Grants Management Advisory Committee adopts regulations to replace those regulations of the Committee for Protection of Children.
Sec. 29. If there is any time remaining on the duration of an award of money granted by the Committee for Protection of Children pursuant to NRS 432.139, the Grants Management Advisory Committee shall monitor the award of money for the time remaining.
Sec. 30. 1. This section becomes effective upon passage and approval.
2. Sections 8 and 19 of this act become effective upon passage and approval for the purpose of adopting regulations and policies and on July 1, 2005, for all other purposes.
3. Section 26 of this act becomes effective upon passage and approval for the purposes of appointing members to the Grants Management Advisory Committee created by section 18 of this act and on July 1, 2005, for all other purposes.
4. Sections 1 to 7, inclusive, 9 to 18, inclusive, 20 to 25, inclusive, 27 and 28 of this act become effective on July 1, 2005.
________
Assembly Bill No. 486Committee on Judiciary
CHAPTER 138
AN ACT relating to civil litigation; making various changes to the provisions governing the provision of a bond in certain civil actions concerning manufacturers of tobacco products; and providing other matters properly relating thereto.
[Approved: May 24, 2005]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 20.035 is hereby amended to read as follows:
20.035 1. Except as otherwise provided in subsection 2, if an appeal is taken of a judgment in a civil action involving a signatory, or a successor in interest or affiliate of a signatory, of the Master Settlement Agreement in which an appellant [described in subsection 3] is required to give a bond in order to secure a stay of execution of the judgment during the pendency of [the appeal, the amount of the bond] any or all such appeals, the total cumulative sum of all the bonds required from all the appellants involved in the civil action must not exceed $50,000,000.
κ2005 Statutes of Nevada, Page 477 (CHAPTER 138, AB 486)κ
cumulative sum of all the bonds required from all the appellants involved in the civil action must not exceed $50,000,000.
2. If the plaintiff proves by a preponderance of evidence that [the] an appellant who posted [the] a bond pursuant to subsection 1 is purposefully dissipating or diverting assets outside of the ordinary course of its business to evade the ultimate payment of the judgment, the court may [enter such orders as are] , if it determines that such an order is necessary to prevent such dissipation or diversion, [including, without limitation, requiring that a bond be posted] require the appellant to post a bond in an amount [equal to] that does not exceed the full amount of the judgment.
3. [The provisions of this section apply only to civil litigation involving a signatory or a successor in interest of a signatory of the Master Settlement Agreement, as the term is defined in NRS 370A.070.
4.] The provisions of this section do not limit the discretion of a court, for good cause shown, to set the bond on appeal in an amount less than the amount otherwise required by law.
4. For the purposes of this section:
(a) Affiliate has the meaning ascribed to it in NRS 370A.030.
(b) Master Settlement Agreement has the meaning ascribed to it in NRS 370A.070.
Sec. 2. The amendatory provisions of this act apply to all actions pending or filed on or after July 1, 2005.
Sec. 3. This act becomes effective on July 1, 2005.
________
Assembly Bill No. 537Committee on Commerce and Labor
CHAPTER 139
AN ACT relating to property; clarifying that a claimant or any contractor, subcontractor, supplier or design professional may submit a question or dispute to the State Contractors Board concerning any matter which may affect or relate to a constructional defect; and providing other matters properly relating thereto.
[Approved: May 24, 2005]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 40.6887 is hereby amended to read as follows:
40.6887 1. A claimant [and] or any contractor, subcontractor, supplier [and] or design professional may submit a question or dispute to the State Contractors Board concerning any matter which may affect or relate to a constructional defect, including, without limitation, questions concerning the need for repairs, the appropriate method for repairs, the sufficiency of any repairs that have been made and the respective rights and responsibilities of homeowners, claimants, contractors, subcontractors, suppliers and design professionals.
2. If a question or dispute is submitted to the State Contractors Board pursuant to this section, the State Contractors Board shall, pursuant to its regulations, rules and procedures, respond to the question or investigate the dispute and render a decision.
κ2005 Statutes of Nevada, Page 478 (CHAPTER 139, AB 537)κ
dispute and render a decision. Nothing in this section authorizes the State Contractors Board to require the owner of a residence or appurtenance to participate in any administrative hearing which is held pursuant to this section.
3. Not later than 30 days after a question or dispute is submitted to the State Contractors Board pursuant to subsection 1, the State Contractors Board shall respond to the question or render its decision. The response or decision of the State Contractors Board:
(a) Is not binding and is not subject to judicial review pursuant to the provisions of chapters 233B and 624 of NRS; and
(b) Is not admissible in any judicial or administrative proceeding brought pursuant to the provisions of this chapter.
4. The provisions of this chapter do not preclude a claimant or a contractor, subcontractor, supplier or design professional from pursuing any remedy otherwise available from the State Contractors Board pursuant to the provisions of chapter 624 of NRS concerning a constructional defect.
5. If an action for a constructional defect has been commenced, the court shall not stay or delay any proceedings before the court pending an answer to a question or decision concerning a dispute submitted to the State Contractors Board.
6. The State Contractors Board shall adopt regulations necessary to carry out the provisions of this section and may charge and collect reasonable fees from licensees to cover the cost of carrying out its duties pursuant to this section.
Sec. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 181Assemblymen Goicoechea, Carpenter, Grady, Atkinson and Marvel
CHAPTER 140
AN ACT relating to agriculture; removing the requirement that a person obtain a license to act as a cash buyer or as an agent of a cash buyer of farm products or livestock; and providing other matters properly relating thereto.
[Approved: May 24, 2005]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 576.0115 is hereby amended to read as follows:
576.0115 Agent means any person who, on behalf of any commission merchant, dealer [, broker or cash buyer,] or broker, receives, contracts for or solicits the sale, exchange or transfer of farm products or livestock from a producer thereof, or who negotiates the consignment or purchase of any farm product or livestock on behalf of any commission merchant, dealer [, broker or cash buyer.] or broker.
κ2005 Statutes of Nevada, Page 479 (CHAPTER 140, AB 181)κ
Sec. 2. NRS 576.020 is hereby amended to read as follows:
576.020 1. A person shall not act as a broker, dealer, commission merchant [, cash buyer] or agent without having obtained a license from the Department as provided in this chapter.
2. A cash buyer or an agent of a cash buyer is not required to obtain a license pursuant to this chapter before acting as a cash buyer or an agent of a cash buyer.
Sec. 3. NRS 576.030 is hereby amended to read as follows:
576.030 1. Every person, before acting as a broker, dealer, commission merchant [, cash buyer] or agent, shall file an application with the Department for a license to transact such business. Separate applications must be filed for each class of business.
2. The application must be on a form prescribed and furnished by the Department and must set forth:
(a) The full name of the person applying for the license. If the applicant is a firm, exchange, association or corporation, the full name of each member of the firm, or the names of the officers of the exchange, association or corporation must be given in the application.
(b) If the applicant is a natural person, the social security number of the applicant.
(c) The principal business address of the applicant in this State and elsewhere.
(d) The name of the person authorized to accept service of summons and legal notice of all kinds for the applicant.
(e) The names and addresses of all persons by whom the applicant has been employed for a period of 3 years immediately preceding the making of the application.
(f) A complete statement of the applicants business activity for the 3 years immediately preceding the making of the application which is not covered by paragraph (e).
(g) A statement of whether the applicant has ever been arrested for any crime other than a traffic violation punishable by a fine of $25 or less and, if so, when and where, the nature of the crime charged, the disposition of the charge, the title and address of the police officers having custody of the record of arrest, and the names and locations of all the courts before which any proceedings in connection with the arrest took place.
(h) A statement of whether the applicant has ever been a party in a civil suit and, if so, the nature of the suit, whether the applicant was the plaintiff or the defendant, the disposition of the suit, and, if the applicant was the defendant and lost, whether there is a judgment or any portion thereof which remains unpaid.
(i) The county or counties in which the applicant proposes to engage in business.
(j) The class or classes of farm products the applicant proposes to handle.
(k) Such other information as the Department may reasonably require.
3. In addition to the general requirements applicable to all classes of applications as set forth in subsection 2, the following requirements apply to the class of applications specified in this subsection:
(a) Commission merchants. Each application must include a complete schedule of commissions and an itemized listing of all charges for all services.
κ2005 Statutes of Nevada, Page 480 (CHAPTER 140, AB 181)κ
services. Any services rendered for which charges are made, if not listed in the schedule on the application, must be rendered on a strictly cost basis.
(b) Agents. Each application must be in the same form as an application for a license as a broker, dealer or commission merchant, and must include the name and address of the broker, dealer [,] or commission merchant [or cash buyer] represented or sought to be represented by the agent, and the written endorsement or nomination of the broker, dealer [,] or commission merchant . [or cash buyer.]
4. The application must be accompanied by an executed instrument whereby the applicant:
(a) Appoints and constitutes the Director and his successor or successors in office the true and lawful attorney of the applicant upon whom all lawful process in any action or legal proceeding against the applicant arising in this State from a transaction under the provisions of this chapter may be served; and
(b) Agrees that any lawful process against him which may be served upon his attorney as provided in this subsection is of the same force and validity as if served upon him and that the authority thereof continues in force irrevocably as long as any liability of the applicant in the State remains outstanding.
Sec. 4. NRS 576.030 is hereby amended to read as follows:
576.030 1. Every person, before acting as a broker, dealer, commission merchant [, cash buyer] or agent, shall file an application with the Department for a license to transact such business. Separate applications must be filed for each class of business.
2. The application must be on a form prescribed and furnished by the Department and must set forth:
(a) The full name of the person applying for the license. If the applicant is a firm, exchange, association or corporation, the full name of each member of the firm, or the names of the officers of the exchange, association or corporation must be given in the application.
(b) The principal business address of the applicant in this State and elsewhere.
(c) The name of the person authorized to accept service of summons and legal notice of all kinds for the applicant.
(d) The names and addresses of all persons by whom the applicant has been employed for a period of 3 years immediately preceding the making of the application.
(e) A complete statement of the applicants business activity for the 3 years immediately preceding the making of the application which is not covered by paragraph (d).
(f) A statement of whether the applicant has ever been arrested for any crime other than a traffic violation punishable by a fine of $25 or less and, if so, when and where, the nature of the crime charged, the disposition of the charge, the title and address of the police officers having custody of the record of arrest, and the names and locations of all the courts before which any proceedings in connection with the arrest took place.
(g) A statement of whether the applicant has ever been a party in a civil suit and, if so, the nature of the suit, whether the applicant was the plaintiff or the defendant, the disposition of the suit, and, if the applicant was the defendant and lost, whether there is a judgment or any portion thereof which remains unpaid.
κ2005 Statutes of Nevada, Page 481 (CHAPTER 140, AB 181)κ
(h) The county or counties in which the applicant proposes to engage in business.
(i) The class or classes of farm products the applicant proposes to handle.
(j) Such other information as the Department may reasonably require.
3. In addition to the general requirements applicable to all classes of applications as set forth in subsection 2, the following requirements apply to the class of applications specified in of this subsection:
(a) Commission merchants. Each application must include a complete schedule of commissions and an itemized listing of all charges for all services. Any services rendered for which charges are made, if not listed in the schedule on the application, must be rendered on a strictly cost basis.
(b) Agents. Each application must be in the same form as an application for a license as a broker, dealer or commission merchant, and must include the name and address of the broker, dealer [,] or commission merchant [or cash buyer] represented or sought to be represented by the agent, and the written endorsement or nomination of the broker, dealer [,] or commission merchant . [or cash buyer.]
4. The application must be accompanied by an executed instrument whereby the applicant:
(a) Appoints and constitutes the Director and his successor or successors in office the true and lawful attorney of the applicant upon whom all lawful process in any action or legal proceeding against the applicant arising in this State from a transaction under the provisions of this chapter may be served; and
(b) Agrees that any lawful process against him which may be served upon his attorney as provided in this subsection is of the same force and validity as if served upon him and that the authority thereof continues in force irrevocably as long as any liability of the applicant in the State remains outstanding.
Sec. 5. NRS 576.032 is hereby amended to read as follows:
576.032 1. A natural person who applies for the issuance or renewal of a license as a broker, dealer, commission merchant [, cash buyer] or agent shall submit to the Department the statement prescribed by the Welfare Division of the Department of Human Resources pursuant to NRS 425.520. The statement must be completed and signed by the applicant.
2. The Department shall include the statement required pursuant to subsection 1 in:
(a) The application or any other forms that must be submitted for the issuance or renewal of the license; or
(b) A separate form prescribed by the Department.
3. A license as a broker, dealer, commission merchant [, cash buyer] or agent may not be issued or renewed by the Department if the applicant is a natural person who:
(a) Fails to submit the statement required pursuant to subsection 1; or
(b) Indicates on the statement submitted pursuant to subsection 1 that he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.
4. If an applicant indicates on the statement submitted pursuant to subsection 1 that he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Department shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.
κ2005 Statutes of Nevada, Page 482 (CHAPTER 140, AB 181)κ
is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Department shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.
Sec. 6. NRS 576.035 is hereby amended to read as follows:
576.035 1. The Department shall require the applicant for a license as a broker, dealer, commission merchant [, cash buyer] or agent to make a showing of character, responsibility and good faith in seeking to carry on the business stated in the application, and may make investigations, hold hearings and make determinations regarding those matters.
2. If the applicant is a corporation or partnership, it shall satisfy the Department of the character, responsibility and good faith of all persons connected with it in a responsible or managing position, including the manager, superintendent, officer and director.
3. Failure of any person to satisfy the Department of his character, responsibility or good faith may be considered by the Department as adverse to a showing of such qualifications and is sufficient grounds for the denial of an application for a license or of the renewal thereof. A previous conviction of a felony, previous bankruptcy, voluntary or involuntary, or previous violation of this chapter may be considered by the Department as adverse to a showing of such character, responsibility or good faith on the part of the applicant.
4. Any person adjudged a bankrupt, or any person against whose bondsman or bondsmen or deposit in lieu of bond a claim has been collected by a court order, who has not made full settlement with all producer-creditors, may not be licensed by the Department for 3 years after the date of the adjudication or collection.
5. The Department may refuse to accept a new application for a license by an applicant rejected pursuant to this section for a period not exceeding 3 years after the date of rejection of the first application.
Sec. 7. NRS 576.050 is hereby amended to read as follows:
576.050 Each applicant for a license as a broker, dealer, commission merchant [, cash buyer] or agent shall pay to the Department an annual license fee established by regulation of the State Board of Agriculture.
Sec. 8. NRS 576.080 is hereby amended to read as follows:
576.080 Licenses must be in such form as the Department may prescribe, must be under the seal of the Department and must set forth:
1. The name and address of the dealer, broker, commission merchant [, cash buyer] or agent.
2. The period of the license.
3. Such other information as the Department reasonably may require.
4. The amount of the bond, deposit or other security required by NRS 576.040.
Sec. 9. NRS 576.095 is hereby amended to read as follows:
576.095 Any person who has applied for and obtained a license as a dealer, broker [, cash buyer] or commission merchant as provided in this chapter may apply for and secure a license in any other classification or classifications without payment of further fee upon complying with the provisions of this chapter relating to the licensing of the other classifications involved.
κ2005 Statutes of Nevada, Page 483 (CHAPTER 140, AB 181)κ
Sec. 10. NRS 576.100 is hereby amended to read as follows:
576.100 1. An agent shall not act for any dealer, broker [, cash buyer] or commission merchant unless:
(a) The dealer, broker [, cash buyer] or commission merchant is licensed and has designated the agent to act in his behalf; and
(b) The Department has been notified in writing and has approved the appointment of the agent.
2. The dealer, broker [, cash buyer] or commission merchant is accountable and responsible for contracts made by his agents.
3. An agent must, before approval by the Department, file an application with the Department pursuant to paragraph (b) of subsection 3 of NRS 576.030.
Sec. 11. NRS 576.121 is hereby amended to read as follows:
576.121 1. If the Department receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a license as a broker, dealer, commission merchant [, cash buyer] or agent, the Department shall deem the license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the Department receives a letter issued to the holder of the license by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
2. The Department shall reinstate a license as a broker, dealer, commission merchant [, cash buyer] or agent that has been suspended by a district court pursuant to NRS 425.540 if the Department receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose license was suspended stating that the person whose license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
Sec. 12. NRS 576.127 is hereby amended to read as follows:
576.127 1. Each dealer [,] and commission merchant [and cash buyer] operating a motor vehicle in the conduct of his licensed business shall carry on the motor vehicle a manifest on a form to be prescribed or approved by the Department showing:
(a) A description of the cargo on the motor vehicle.
(b) The brand inspection certificate number for any livestock being transported.
(c) Where and from whom the cargo was purchased.
(d) The weight or measure upon which the purchase was made and, if purchased upon weight, where and by whom weighed and the weight obtained at the weighing.
2. The manifest must be executed in triplicate. One copy must be given to the consignor or seller. One copy must be retained by the licensee, and the original, signed by the licensee, must be transmitted immediately to the Department.
3. Any false statements included on a manifest concerning the nature, quantity, weight, count, grade, quality or any other essential feature of the cargo constitute grounds for suspension or cancellation of the licensees license issued pursuant to the provisions of this chapter.
κ2005 Statutes of Nevada, Page 484 (CHAPTER 140, AB 181)κ
Sec. 13. NRS 576.150 is hereby amended to read as follows:
576.150 1. Except as otherwise provided by a specific statute, a person who acts as a dealer, broker, commission merchant [, cash buyer] or agent without a license therefor as required by the provisions of this chapter, or who violates any other provision of this chapter, or any of the regulations lawfully adopted pursuant to provisions of this chapter, is guilty of a misdemeanor. If the violation relates to the failure to make payment for farm products, an intent to defraud must be proven before a misdemeanor or other penalty may be imposed.
2. Any prosecution brought pursuant to this chapter may be brought in any county of this State in which the defendant or any one of the defendants resides, or in which the unlawful act was committed, or in which the defendant or any one of the defendants has his principal place of business.
3. In addition to any criminal penalty imposed pursuant to, or any remedy provided by, this chapter, the Director, after notice and a hearing in an administrative proceeding, may issue an order against any person who has violated any provision of this chapter or any regulation adopted pursuant to this chapter imposing a civil penalty of not more than $5,000 for each violation. Any civil penalty collected pursuant to this subsection must be deposited in the State General Fund.
Sec. 14. 1. This section and sections 2, 3 and 5 to 13, inclusive, of this act become effective on July 1, 2005.
2. Sections 3, 5 and 11 of this act expire by limitation on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:
(a) Have failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or
(b) Are in arrears in the payment for the support of one or more children,
Κ are repealed by the Congress of the United States.
3. Section 4 of this act becomes effective on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:
(a) Have failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or
(b) Are in arrears in the payment for the support of one or more children,
Κ are repealed by the Congress of the United States.
________
κ2005 Statutes of Nevada, Page 485κ
Assembly Bill No. 271Assemblymen Pierce, Leslie, Parks and Parnell
CHAPTER 141
AN ACT relating to hospice care; authorizing a licensed facility for hospice care to provide certain palliative services to a patient who is terminally ill; and providing other matters properly relating thereto.
[Approved: May 24, 2005]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 449 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. Palliative services means services and treatments directed toward the control of pain and symptoms which provide the greatest degree of relief for the longest period while minimizing any adverse effects of the services and treatments, including, without limitation, any side effects of any medications given or administered.
Sec. 3. Terminally ill means a medical diagnosis made by a physician that a person has an anticipated life expectancy of not more than 12 months.
Sec. 4. NRS 449.001 is hereby amended to read as follows:
449.001 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 449.0015 to 449.019, inclusive, and sections 2 and 3 of this act have the meanings ascribed to them in those sections.
Sec. 5. NRS 449.0115 is hereby amended to read as follows:
449.0115 1. Hospice care means a centrally administered program of palliative services and supportive services provided by an interdisciplinary team directed by a physician. The program includes the provision of physical, psychological, custodial and spiritual care for persons who are terminally ill and their families. The care may be provided in the home, at a residential facility or at a medical facility at any time of the day or night. The term includes the supportive care and services provided to the family after the patient dies.
2. As used in this section:
(a) Family includes the immediate family, the person who primarily cared for the patient and other persons with significant personal ties to the patient, whether or not related by blood.
(b) Interdisciplinary team means a group of persons who work collectively to meet the special needs of terminally ill patients and their families and includes such persons as a physician, registered nurse, social worker, clergyman and trained volunteer.
[(c) Palliative services means services and treatments directed toward the control of pain and symptoms which provide the greatest degree of relief for the longest period while minimizing side effects.]
Sec. 6. NRS 449.0315 is hereby amended to read as follows:
449.0315 1. A licensed facility for hospice care may provide any of the following levels of care for terminally ill patients:
κ2005 Statutes of Nevada, Page 486 (CHAPTER 141, AB 271)κ
(a) Medical care for a patient who is in an acute episode of illness;
(b) Skilled nursing care;
(c) Intermediate care; [and]
(d) Custodial care [.] ; and
(e) Palliative services.
2. A licensed facility for hospice care may provide direct supportive services to a patients family and persons who provide care for the patient, including services which provide care for the patient during the day and other services which provide a respite from the stresses and responsibilities that result from the daily care of the patient.
Sec. 7. NRS 422.304 is hereby amended to read as follows:
422.304 1. [The] Except as otherwise provided in subsection 2, the Department, through the Division of Health Care Financing and Policy, shall pay, under the State Plan for Medicaid:
(a) A facility for hospice care licensed pursuant to chapter 449 of NRS for the services for hospice care, including room and board, provided by that facility to a person who is eligible to receive Medicaid.
(b) A program for hospice care licensed pursuant to chapter 449 of NRS for the services for hospice care provided by that program to a person who is eligible to receive Medicaid.
2. The Department, through the Division of Health Care Financing and Policy, is required to pay, under the State Plan for Medicaid, for the services for hospice care provided by a facility or program described in subsection 1 only to the extent that the Federal Government provides matching federal money under Medicaid for the services for hospice care.
3. As used in this section:
(a) Facility for hospice care has the meaning ascribed to it in NRS 449.0033.
(b) Hospice care has the meaning ascribed to it in NRS 449.0115.
________
Assembly Bill No. 392Assemblyman Hettrick
CHAPTER 142
AN ACT relating to taxation; requiring the Nevada Tax Commission to adopt regulations governing the assessment of property for the purposes of taxation; requiring county boards of equalization and the State Board of Equalization to comply with such regulations; and providing other matters properly relating thereto.
[Approved: May 24, 2005]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 360.250 is hereby amended to read as follows:
360.250 1. The Nevada Tax Commission shall adopt general and uniform regulations governing the assessment of property by the county assessors of the various counties, county boards of equalization, the State Board of Equalization and the Department. The regulations must include, without limitation, standards for the appraisal and reappraisal of land to determine its taxable value.
κ2005 Statutes of Nevada, Page 487 (CHAPTER 142, AB 392)κ
without limitation, standards for the appraisal and reappraisal of land to determine its taxable value.
2. The Nevada Tax Commission may:
(a) Confer with, advise and direct county assessors, sheriffs as ex officio collectors of licenses and all other county officers having to do with the preparation of the assessment roll or collection of taxes or other revenues as to their duties.
(b) [Establish and prescribe general and uniform regulations governing the assessment of property by the county assessors of the various counties, not in conflict with law.
(c)] Prescribe the form and manner in which assessment rolls or tax lists must be kept by county assessors.
[(d)] (c) Prescribe the form of the statements of property owners in making returns of their property.
[(e)] (d) Require county assessors, sheriffs as ex officio collectors of licenses and all other county officers having to do with the preparation of the assessment roll or collection of taxes or other revenues, to furnish such information in relation to assessments, licenses or the equalization of property valuations, and in such form as the Nevada Tax Commission may demand.
[(f)] (e) Except as otherwise provided in this title, share information in its records with agencies of local governments which are responsible for the collection of debts or obligations if the confidentiality of the information is otherwise maintained under the terms and conditions required by law.
[2.] 3. Each assessor and any other such officer shall certify under penalty of perjury that in assessing property or furnishing other information required pursuant to this section he has complied with the regulations of the Nevada Tax Commission. This certificate must be appended to each assessment roll and any other information furnished.
[3.] 4. A county assessor or other county officer whose certificate is knowingly falsified is guilty of a misdemeanor. If the Nevada Tax Commission finds that a county assessor or other county officer has knowingly violated its regulations and thereby has caused less revenue to be collected from taxes, it shall deduct the amount of the undercollection from the money otherwise payable to the county from the proceeds of the supplemental city-county relief tax.
Sec. 2. NRS 360.291 is hereby amended to read as follows:
360.291 1. The Legislature hereby declares that each taxpayer has the right:
(a) To be treated by officers and employees of the Department with courtesy, fairness, uniformity, consistency and common sense.
(b) To a prompt response from the Department to each communication from the taxpayer.
(c) To provide the minimum documentation and other information as may reasonably be required by the Department to carry out its duties.
(d) To written explanations of common errors, oversights and violations that taxpayers experience and instructions on how to avoid such problems.
(e) To be notified, in writing, by the Department whenever its officer, employee or agent determines that the taxpayer is entitled to an exemption or has been taxed or assessed more than is required by law.
(f) To written instructions indicating how the taxpayer may petition for:
(1) An adjustment of an assessment;
κ2005 Statutes of Nevada, Page 488 (CHAPTER 142, AB 392)κ
(2) A refund or credit for overpayment of taxes, interest or penalties; or
(3) A reduction in or the release of a bond or other form of security required to be furnished pursuant to the provisions of this title that are administered by the Department.
(g) Except as otherwise provided in NRS 361.485, to recover an overpayment of taxes promptly upon the final determination of such an overpayment.
(h) To obtain specific advice from the Department concerning taxes imposed by the State.
(i) In any meeting with the Department, including an audit, conference, interview or hearing:
(1) To an explanation by an officer, agent or employee of the Department that describes the procedures to be followed and the taxpayers rights thereunder;
(2) To be represented by himself or anyone who is otherwise authorized by law to represent him before the Department;
(3) To make an audio recording using the taxpayers own equipment and at the taxpayers own expense; and
(4) To receive a copy of any document or audio recording made by or in the possession of the Department relating to the determination or collection of any tax for which the taxpayer is assessed, upon payment of the actual cost to the Department of making the copy.
(j) To a full explanation of the Departments authority to assess a tax or to collect delinquent taxes, including the procedures and notices for review and appeal that are required for the protection of the taxpayer. An explanation which meets the requirements of this section must also be included with each notice to a taxpayer that an audit will be conducted by the Department.
(k) To the immediate release of any lien which the Department has placed on real or personal property for the nonpayment of any tax when:
(1) The tax is paid;
(2) The period of limitation for collecting the tax expires;
(3) The lien is the result of an error by the Department;
(4) The Department determines that the taxes, interest and penalties are secured sufficiently by a lien on other property;
(5) The release or subordination of the lien will not jeopardize the collection of the taxes, interest and penalties;
(6) The release of the lien will facilitate the collection of the taxes, interest and penalties; or
(7) The Department determines that the lien is creating an economic hardship.
(l) To the release or reduction of a bond or other form of security required to be furnished pursuant to the provisions of this title by the Department in accordance with applicable statutes and regulations.
(m) To be free from investigation and surveillance by an officer, agent or employee of the Department for any purpose that is not directly related to the administration of the provisions of this title that are administered by the Department.
(n) To be free from harassment and intimidation by an officer, agent or employee of the Department for any reason.
κ2005 Statutes of Nevada, Page 489 (CHAPTER 142, AB 392)κ
(o) To have statutes imposing taxes and any regulations adopted pursuant thereto construed in favor of the taxpayer if those statutes or regulations are of doubtful validity or effect, unless there is a specific statutory provision that is applicable.
2. The provisions of this title governing the administration and collection of taxes by the Department must not be construed in such a manner as to interfere or conflict with the provisions of this section or any applicable regulations.
3. The provisions of this section apply to any tax administered , regulated and collected pursuant to the provisions of this title or any applicable regulations by the Department.
Sec. 3. 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. 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:
(a) Determining the replacement cost, subtracting all applicable depreciation and obsolescence, applying the assessment ratio for improvements, if any, and applying a factor for land to the assessed value for the preceding year; or
(b) 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 NRS 361.261.
κ2005 Statutes of Nevada, Page 490 (CHAPTER 142, AB 392)κ
improvements must be adopted by the Nevada Tax Commission in the manner required in NRS 361.261.
Κ 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] use the standards for appraising and reappraising land adopted by the Nevada Tax Commission pursuant to [this section. In establishing] NRS 360.250. In using 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. 4. NRS 361.340 is hereby amended to read as follows:
361.340 1. Except as otherwise provided in subsection 2, the board of equalization of each county consists of:
(a) Five members, only two of whom may be elected public officers, in counties having a population of 15,000 or more; and
(b) Three members, only one of whom may be an elected public officer, in counties having a population of less than 15,000.
2. The board of county commissioners may by resolution provide for an additional panel of like composition to be added to the board of equalization to serve for a designated fiscal year. The board of county commissioners may also appoint alternate members to either panel.
3. A district attorney, county treasurer or county assessor or any of their deputies or employees may not be appointed to the county board of equalization.
4. The chairman of the board of county commissioners shall nominate persons to serve on the county board of equalization who are sufficiently experienced in business generally to be able to bring knowledge and sound judgment to the deliberations of the board or who are elected public officers. The nominees must be appointed upon a majority vote of the board of county commissioners. The chairman of the board of county commissioners shall designate one of the appointees to serve as chairman of the county board of equalization.
5. Except as otherwise provided in this subsection, the term of each member is 4 years and any vacancy must be filled by appointment for the unexpired term. The term of any elected public officer expires upon the expiration of the term of his elected office.
6. The county clerk or his designated deputy is the clerk of each panel of the county board of equalization.
7. Any member of the county board of equalization may be removed by the board of county commissioners if, in its opinion, the member is guilty of malfeasance in office or neglect of duty.
κ2005 Statutes of Nevada, Page 491 (CHAPTER 142, AB 392)κ
8. The members of the county board of equalization are entitled to receive per diem allowance and travel expenses as provided for state officers and employees. The board of county commissioners of any county may by resolution provide for compensation to members of the board of equalization in their county who are not elected public officers as they deem adequate for time actually spent on the work of the board of equalization. In no event may the rate of compensation established by a board of county commissioners exceed $40 per day.
9. A majority of the members of the county board of equalization constitutes a quorum, and a majority of the board determines the action of the board.
10. A county board of equalization shall comply with any applicable regulation adopted by the Nevada Tax Commission.
11. The county board of equalization of each county shall hold such number of meetings as may be necessary to care for the business of equalization presented to it. Every appeal to the county board of equalization must be filed not later than January 15. Each county board shall cause to be published, in a newspaper of general circulation published in that county, a schedule of dates, times and places of the board meetings at least 5 days before the first meeting. The county board of equalization shall conclude the business of equalization on or before the last day of February of each year except as to matters remanded by the State Board of Equalization. The State Board of Equalization may establish procedures for the county boards, including setting the period for hearing appeals and for setting aside time to allow the county board to review and make final determinations. The district attorney or his deputy shall be present at all meetings of the county board of equalization to explain the law and the boards authority.
[11.] 12. The county assessor or his deputy shall attend all meetings of each panel of the county board of equalization.
Sec. 5. NRS 361.375 is hereby amended to read as follows:
361.375 1. The State Board of Equalization, consisting of five members appointed by the Governor, is hereby created. The Governor shall designate one of the members to serve as Chairman of the Board.
2. The Governor shall appoint:
(a) One member who is a certified public accountant or a registered public accountant.
(b) One member who is a property appraiser with a professional designation.
(c) One member who is versed in the valuation of centrally assessed properties.
(d) Two members who are versed in business generally.
3. Only three of the members may be of the same political party and no more than two may be from the same county.
4. An elected public officer or his deputy, employee or any person appointed by him to serve in another position must not be appointed to serve as a member of the State Board of Equalization.
5. After the initial terms, members serve terms of 4 years, except when appointed to fill unexpired terms. No member may serve more than two full terms consecutively.
6. Any member of the Board may be removed by the Governor if, in his opinion, that member is guilty of malfeasance in office or neglect of duty.
κ2005 Statutes of Nevada, Page 492 (CHAPTER 142, AB 392)κ
7. Each member of the Board is entitled to receive a salary of not more than $80, as fixed by the Board, for each day actually employed on the work of the Board.
8. While engaged in the business of the Board, each member and employee of the Board is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.
9. A majority of the members of the Board constitutes a quorum, and a majority of the Board shall determine the action of the Board. The Board may adopt regulations governing the conduct of its business.
10. The Board shall comply with any applicable regulation adopted by the Nevada Tax Commission.
11. The staff of the State Board of Equalization must be provided by the Department and the Executive Director is the Secretary of the Board.
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Assembly Bill No. 112Assemblywoman Parnell
Joint Sponsor: Senator Amodei
CHAPTER 143
AN ACT relating to watercraft; requiring certain vessels to carry on board certain personal flotation devices accessible for use in an emergency; providing a penalty; and providing other matters properly relating thereto.
[Approved: May 24, 2005]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 488.193 is hereby amended to read as follows:
488.193 1. Except for a contrivance, propelled by a sail, whose occupant must stand erect, every vessel must carry at least one personal flotation device of a type approved by the United States Coast Guard and prescribed by the regulations of the Commission for each person on board and any person in a vessel being towed, so placed as to be readily accessible for use in an emergency. Every vessel carrying passengers for hire must carry so placed as to be readily accessible for use in an emergency at least one personal flotation device of the sort prescribed by the regulations of the Commission for each person on board. A personal flotation device required by this subsection is readily accessible for use in an emergency if:
(a) It is being worn; or
(b) It is stowed where it is quickly reachable and is:
(1) Ready to wear;
(2) Out of its original packaging; and
(3) Not under lock and key.
2. In addition to the requirements set forth in subsection 1, unless exempted by the United States Coast Guard or the regulations of the Commission: