requires two-thirds majority vote (§ 3)                                                                                                                 

                                                                                                  

 

Assembly Bill No. 481–Committee on
Government Affairs

 

(On Behalf of the State Controller)

 

March 24, 2003

____________

 

Referred to Concurrent Committees on Government
Affairs and Ways and Means

 

SUMMARY—Makes various changes concerning state financial administration. (BDR 31‑101)

 

FISCAL NOTE:    Effect on Local Government: No.

                             Effect on the State: Yes.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to state financial administration; providing for the suspension, cancellation or refusal to renew certain licenses, permits or registrations of persons who are in default of a debt owed to certain state agencies or to the State of Nevada; requiring the State Controller to adopt regulations establishing the fees that must be charged by certain state agencies for returned checks and drafts; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1. Chapter 353C of NRS is hereby amended by adding

1-2  thereto the provisions set forth as sections 2 and 3 of this act.

1-3  Sec. 2.  1.  Except as otherwise provided in this section,

1-4  upon the determination that a debt owed by a person to an agency

1-5  or the State of Nevada is in default, the State Controller shall

1-6  notify each agency which has issued a license, permit or

1-7  registration to the person.

1-8  2.  If an agency receives a notice from the State Controller

1-9  pursuant to subsection 1 that a person to whom the agency has

1-10  issued a license, permit or registration is in default on a debt owed

2-1  to an agency or the State of Nevada, the agency shall send a

2-2  written notice to that person advising him that his license, permit

2-3  or registration is subject to suspension, cancellation or refusal to

2-4  renew. The notice must include:

2-5  (a) The reason for the suspension, cancellation or refusal to

2-6  renew the license, permit or registration;

2-7  (b) The text of this section; and

2-8  (c) Any other information that the agency deems necessary.

2-9  3.  After sending the written notice required pursuant to

2-10  subsection 2, the agency may suspend, cancel or refuse to renew

2-11  the license, permit or registration issued to the person. The agency

2-12  shall reinstate such a license, permit or registration if the agency

2-13  receives:

2-14      (a) A notice from the State Controller that the person has:

2-15          (1) Paid the debt, including all penalties, interest, costs and

2-16  fees, if any;

2-17          (2) Entered into an agreement for the payment of the debt

2-18  on an installment basis pursuant to NRS 353C.130; or

2-19          (3) Obtained a discharge in bankruptcy of the debt; and

2-20      (b) Payment of any fee specifically prescribed by statute or

2-21  regulation for the reinstatement of the license, permit or

2-22  registration.

2-23      4.  For the purposes of this section, “agency” does not include

2-24  the Department of Taxation, Nevada Gaming Commission or State

2-25  Gaming Control Board.

2-26      5.  As used in this section, “license, permit or registration”

2-27  includes, without limitation:

2-28      (a) A professional, occupational or recreational license,

2-29  permit, certificate or registration;

2-30      (b) A driver’s license; and

2-31      (c) A registration for a vehicle or boat.

2-32      Sec. 3.  1.  The State Controller shall adopt regulations

2-33  establishing a fee of $25 that an agency shall charge a person for

2-34  each check or draft returned to the agency because the person had

2-35  insufficient money or credit with the drawee to pay the check or

2-36  draft, or because the person stopped payment on the check or

2-37  draft.

2-38      2.  Notwithstanding any specific statute or regulation to the

2-39  contrary, an agency may only charge and collect a fee for a check

2-40  or draft returned to the agency because the person has insufficient

2-41  money or credit, or because the person stopped payment on the

2-42  check or draft, in accordance with the regulations adopted by the

2-43  State Controller pursuant to this section.

3-1  3.  For the purposes of this section, “agency” does not include

3-2  the Department of Taxation, Nevada Gaming Commission or State

3-3  Gaming Control Board.

3-4  Sec. 4.  NRS 481.079 is hereby amended to read as follows:

3-5  481.079  1.  Except as otherwise provided by specific statute,

3-6  all taxes, license fees and money collected [pursuant to NRS

3-7  481.0475] by the Department must be deposited with the State

3-8  Treasurer to the credit of the Motor Vehicle Fund.

3-9  2.  If a check or any other method of payment accepted by the

3-10  Department in payment of such fees [pursuant to NRS 481.0475] is

3-11  dishonored upon presentation for payment:

3-12      (a) The drawer or any other person responsible for payment of

3-13  the fee is subject to a [service charge of $25,] fee in the amount

3-14  established by the State Controller pursuant to section 3 of this act

3-15  in addition to any other penalties provided by law; and

3-16      (b) The Department may require that future payments from the

3-17  person be made by cashier’s check, money order, traveler’s check or

3-18  cash.

3-19      3.  The Department may adjust the amount of a deposit made

3-20  with the State Treasurer to the credit of the Motor Vehicle Fund for

3-21  any cash shortage or overage resulting from the collection of fees.

3-22      Sec. 5.  NRS 612.618 is hereby amended to read as follows:

3-23      612.618  1.  If a check is tendered on or before the due date in

3-24  payment of contributions but is afterward dishonored by the

3-25  financial institution on which it is drawn, the check does not

3-26  constitute timely payment unless the Administrator determines that

3-27  dishonor occurred because of fault on the part of the financial

3-28  institution.

3-29      2.  The Administrator [may] shall charge an additional fee [of

3-30  not more than $25] in the amount established by the State

3-31  Controller pursuant to section 3 of this act for handling against a

3-32  person who presents a check afterward dishonored. The fee must be

3-33  deposited in the Unemployment Compensation Administration

3-34  Fund.

3-35      Sec. 6.  NRS 623A.240 is hereby amended to read as follows:

3-36      623A.240  1.  The following fees must be prescribed by the

3-37  Board and must not exceed the following amounts:

 

3-38  Application fee............................ $200.00

3-39  Examination fee............................ 100.00,

3-40                                               plus the actual

3-41                                                      cost of the

3-42                                                   examination

3-43  Certificate of registration................ 25.00

3-44  Annual renewal fee........................ 200.00

4-1  Reinstatement fee......................... $300.00

4-2  Delinquency fee................................ 50.00

 

4-3  Change of address fee....................... 10.00

4-4  Copy of a document, per page............  .25

 

4-5  2.  In addition to the fees set forth in subsection 1, the Board

4-6  may charge and collect a fee for any other service it provides. The

4-7  fee must not exceed the cost incurred by the Board to provide the

4-8  service.

4-9  3.  The Board may authorize a landscape architect intern to pay

4-10  the application fee or any portion of that fee during any period in

4-11  which he is the holder of a certificate to practice as a landscape

4-12  architect intern. If a landscape architect intern pays the fee or any

4-13  portion of the fee during that period, the Board shall credit the

4-14  amount paid by him towards the entire amount of the application fee

4-15  for the certificate of registration required pursuant to this section.

4-16      4.  The fees prescribed by the Board pursuant to this section

4-17  must be paid in United States currency in the form of a check,

4-18  cashier’s check or money order. If any check submitted to the Board

4-19  is dishonored upon presentation for payment, repayment of the fee,

4-20  including the fee for a returned check[,] in the amount established

4-21  by the State Controller pursuant to section 3 of this act, must be

4-22  made by money order or certified check.

4-23      5.  The fees prescribed by the Board pursuant to this section are

4-24  nonrefundable.

4-25      Sec. 7.  NRS 634.135 is hereby amended to read as follows:

4-26      634.135  1.  The Board may charge and collect fees not to

4-27  exceed:

 

4-28  For an application for a license to practice

4-29  chiropractic.................................. $200.00

4-30  For an examination for a license to practice

4-31  chiropractic.................................... 200.00

4-32  For an application for, and the issuance of, a

4-33  certificate as a chiropractor’s assistant100.00

4-34  For an examination for a certificate as a

4-35  chiropractor’s assistant.................. 100.00

4-36  For the issuance of a license to practice

4-37  chiropractic.................................... 300.00

4-38  For the annual renewal of a license to practice

4-39  chiropractic.................................... 300.00

4-40  For the annual renewal of an inactive license to

4-41  practice chiropractic...................... 100.00

5-1  For the annual renewal of a certificate as a

5-2  chiropractor’s assistant.................. $50.00

5-3  For the restoration to active status of an inactive

5-4  license to practice chiropractic...... 300.00

5-5  For reinstating a license to practice chiropractic

5-6  which has been suspended or revoked500.00

5-7  For reinstating a certificate as a chiropractor’s

5-8  assistant which has been suspended pursuant to

5-9  NRS 634.130.................................. 100.00

5-10  For a review of any subject on the examination       25.00

5-11  For the issuance of a duplicate license or for

5-12  changing the name on a license....... 35.00

5-13  For written certification of licensure25.00

5-14  For providing a list of persons who are licensed

5-15  to practice chiropractic to a person who is not

5-16  licensed to practice chiropractic...... 25.00

5-17  For providing a list of persons who were licensed

5-18  to practice chiropractic following the most recent

5-19  examination of the Board to a person who is not

5-20  licensed to practice chiropractic...... 10.00

5-21  For a set of mailing labels containing the names

5-22  and addresses of the persons who are licensed to

5-23  practice chiropractic in this state..... 35.00

5-24  [For a check made payable to the Board that is

5-25  dishonored upon presentation for payment     25.00]

5-26  For providing a copy of the statutes, regulations

5-27  and other rules governing the practice of

5-28  chiropractic in this state to a person who is not

5-29  licensed to practice chiropractic...... 25.00

5-30  For each page of a list of continuing education

5-31  courses that have been approved by the Board          .50

5-32  For an application to a preceptor program offered

5-33  by the Board to graduates of chiropractic schools

5-34  or colleges........................................ 35.00

5-35  For a review by the Board of a course offered by

5-36  a chiropractic school or college or a course of

5-37  continuing education in chiropractic10.00

 

5-38      2.  In addition to the fees set forth in subsection 1, the Board

5-39  may charge and collect reasonable and necessary fees for any other

5-40  service it provides.

5-41      3.  For a check made payable to the Board that is dishonored

5-42  upon presentation for payment, the Board shall assess and collect

5-43  a fee in the amount established by the State Controller pursuant to

5-44  section 3 of this act.

6-1  Sec. 8.  NRS 679B.228 is hereby amended to read as follows:

6-2  679B.228  The Division [may] shall charge a person a fee [of

6-3  $25] in the amount established by the State Controller pursuant to

6-4  section 3 of this act for each check returned to the Division because

6-5  the person had insufficient money or credit with the drawee to pay

6-6  the check or because the person stopped payment on the check.

6-7  Sec. 9.  Section 16 of chapter 389, Statutes of Nevada 2001, at

6-8  page 1883, is hereby amended to read as follows:

6-9  Sec. 16.  [1.] This act becomes effective upon passage

6-10  and approval.

6-11      [2.  Sections 13, 14 and 15 of this act expire by limitation

6-12  on October 1, 2003.]

6-13      Sec. 10.  Sections 13, 14 and 15 of chapter 389, Statutes of

6-14  Nevada 2001, at pages 1881 and 1882 are hereby repealed.

6-15      Sec. 11.  1.  This section and sections 1, 2, 9 and 10 of this act

6-16  become effective upon passage and approval.

6-17      2.  Sections 3 to 8, inclusive, of this act become effective upon

6-18  passage and approval for the purpose of adopting regulations and on

6-19  July 1, 2003, for all other purposes.

 

 

6-20  TEXT OF REPEALED SECTIONS

 

6-21  Section 13 of chapter 389, Statutes of Nevada 2001:

6-22      Sec. 13.  1.  The state controller, in cooperation with

6-23   the department of motor vehicles and public safety and the

6-24   division of wildlife of the state department of conservation

6-25   and natural resources, may establish a pilot program to

6-26   improve the collection of debts owed to an agency or the

6-27   State of Nevada through the suspension of, cancellation of or

6-28   refusal to renew vehicle registrations and certain licenses and

6-29   permits issued by the state and the refusal to provide related

6-30   services.

6-31      2.  As used in this section, “agency” has the meaning

6-32   ascribed to it in NRS 353C.020.

6-33  Section 14 of chapter 389, Statutes of Nevada 2001:

6-34      Sec. 14. 1.  If a pilot program is established pursuant

6-35   to section 13 of this act, the department of motor vehicles

6-36   and public safety, when it receives a notice from the state

6-37   controller that a person to whom the department has issued a

6-38   license or permit or for whom the department has registered

6-39   a vehicle is in default on a debt owed to an agency or the

6-40   State

7-1  of Nevada, shall send a written notice to that person advising

7-2  him that his license or permit and vehicle registration are

7-3   subject to suspension, cancellation or refusal to renew.

7-4  2.  The notice must include:

7-5  (a) The reason for the suspension of, cancellation of or

7-6   refusal to renew the license or permit and vehicle

7-7   registration;

7-8  (b) The text of this section; and

7-9  (c) Any other information that the department deems

7-10   necessary.

7-11      3.  Upon receipt of notice from the state controller

7-12   pursuant to subsection 1 that a person to whom the

7-13   department has issued a license or permit or for whom the

7-14   department has registered a vehicle is in default on a debt

7-15   owed to an agency or the State of Nevada, the department

7-16   may, after sending the written notice required pursuant to

7-17   that subsection, suspend, cancel or refuse to renew the

7-18   license or permit of the person and the registration of a

7-19   vehicle owned by the person.

7-20      4.  The department shall reinstate such a license or permit

7-21   and vehicle registration if it receives:

7-22      (a) A notice from the state controller that the person has:

7-23          (1) Paid the debt, including all penalties, interest, costs

7-24   and fees, if any;

7-25          (2) Entered into an agreement for the payment of the

7-26   debt on an installment basis pursuant to NRS 353C.130; or

7-27          (3) Obtained a discharge in bankruptcy of the debt;

7-28   and

7-29      (b) Payment of the fee prescribed in:

7-30          (1) NRS 483.410 for reinstatement of a suspended or

7-31   canceled license; or

7-32          (2) NRS 482.480 for reinstatement of a suspended

7-33   vehicle registration.

7-34      5.  The department shall not require a person whose

7-35   driver’s license or permit is suspended or canceled pursuant

7-36   to this section to submit to the tests and other requirements

7-37   which are adopted by regulation pursuant to subsection 1 of

7-38   NRS 483.495 as a condition of the reinstatement of the

7-39   license or permit.

7-40      6.  As used in this section, “agency” has the meaning

7-41   ascribed to it in NRS 353C.020.

7-42  Section 15 of chapter 389, Statutes of Nevada 2001:

7-43      Sec. 15.  1.  If a pilot program is established pursuant

7-44   to section 13 of this act, the division of wildlife of the state

7-45   department of conservation and natural resources, when it

7-46   receives a notice from the state controller that a person who

8-1  holds a license or permit to hunt, fish or trap, or any other

8-2  license or permit issued by the division, is in default on a debt

8-3   owed to an agency or the State of Nevada, shall send a

8-4   written notice to that person advising him that:

8-5  (a) His license or permit is subject to suspension,

8-6   cancellation or refusal to renew; and

8-7  (b) He is subject to a fee of $25 for each check or draft

8-8   returned to the division because the person had insufficient

8-9   money or credit with the drawee to pay the check or draft or

8-10   because the person stopped payment on the check or draft.

8-11      2.  The notice must include:

8-12      (a) The reason for the suspension of, cancellation of or

8-13   refusal to renew the license or permit;

8-14      (b) The text of this section; and

8-15      (c) Any other information that the division deems

8-16   necessary.

8-17      3.  Upon receipt of notice from the state controller

8-18   pursuant to subsection 1 that a person to whom the division

8-19   has issued a license or permit is in default on a debt owed to

8-20   an agency or the State of Nevada, the division may, after

8-21   sending the written notice required pursuant to that

8-22   subsection, suspend, cancel or refuse to renew the license or

8-23   permit of the person.

8-24      4.  The division shall reinstate such a license or permit if:

8-25      (a) The license or permit is still valid and has not expired;

8-26   and

8-27      (b) The division receives a notice from the state controller

8-28   that the person has:

8-29          (1) Paid the debt, including all penalties, interest, costs

8-30   and fees, if any;

8-31          (2) Entered into an agreement for the payment of the

8-32   debt on an installment basis pursuant to NRS 353C.130; or

8-33          (3) Obtained a discharge in bankruptcy of the debt.

8-34      5.  The division shall not issue a new license or permit to

8-35   hunt, fish or trap, or any other license or permit issued by the

8-36   division, to a person whose license or permit is suspended,

8-37   cancelled or refused renewal pursuant to this section unless

8-38   the division receives a notice from the state controller that

8-39   the person has:

8-40      (a) Paid the debt, including all penalties, interest, costs

8-41   and fees, if any;

8-42      (b) Entered into an agreement for the payment of the debt

8-43   on an installment basis pursuant to NRS 353C.130; or

8-44      (c) Obtained a discharge in bankruptcy of the debt.

9-1  6.  As used in this section, “agency” has the meaning

9-2  ascribed to it in NRS 353C.020.

 

9-3  H