[Rev. 2/11/2019 1:06:43 PM]
κ1999 Statutes of Nevada, Page 1331 (CHAPTER 316, AB 204)κ
consideration of the board before [accreditation.] the board approves the school of professional nursing.
Sec. 23. NRS 632.470 is hereby amended to read as follows:
632.470 1. [Not less than once every 3 years, the] Except as otherwise provided in this subsection, the board shall periodically cause to be surveyed all [accredited] approved schools of professional nursing in this state. [Full and complete written] Written reports of [such surveys shall] those surveys must be submitted to and considered by the full board. In lieu of causing the approved schools of professional nursing to be surveyed, the board may accept a survey and recommendation completed by a nationally recognized association that accredits schools of professional nursing, if the association has been approved by the board.
2. If, after consideration of [such] the reports, the board determines that [any such] a school of professional nursing is not maintaining the standards required by this chapter and by the board, notice thereof in writing specifying the [weaknesses shall immediately] deficiencies must forthwith be given to [such] the school.
3. The board shall revoke the [accreditation of any] approval of a school of professional nursing which fails to remedy such [weaknesses] deficiencies within a reasonable time after receiving written notice thereof.
________
Senate Bill No. 387Committee on Transportation
CHAPTER 317
AN ACT relating to tow cars; revising the provisions governing the maintenance and use by the Nevada highway patrol of lists of operators of tow cars; and providing other matters properly relating thereto.
[Approved May 27, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 706.4485 is hereby amended to read as follows:
706.4485 1. A law enforcement agency that maintains and uses a list of operators of tow cars which are called by that agency to provide towing shall not include an operator of a tow car on the list unless he:
[1.] (a) Holds a certificate of public convenience and necessity issued by the authority.
[2.] (b) Complies with all applicable provisions of this chapter and chapters 482 and 484 of NRS.
[3.] (c) Agrees to respond in a timely manner to requests for towing made by the agency.
[4.] (d) Maintains adequate, accessible and secure storage within the State of Nevada for any vehicle that is towed.
[5.] (e) Complies with all standards the law enforcement agency may adopt to protect the health, safety and welfare of the public.
κ1999 Statutes of Nevada, Page 1332 (CHAPTER 317, SB 387)κ
[6.] (f) Assesses only rates and charges that have been approved by the authority for towing services performed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle.
[7.] 2. The authority shall not require that an operator of a tow car charge the same rate to law enforcement agencies for towing services performed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle that the operator charges to other persons for such services.
3. Except as otherwise provided in this subsection, if an operator of a tow car is included on a list of operators of tow cars that is maintained and used by the Nevada highway patrol pursuant to this section, the Nevada highway patrol shall not remove the operator of the tow car from the list, or restrict his use pursuant thereto, solely on the ground that the operator is insured under the same policy of insurance as one other operator of a tow car who is included on the list and operates in the same geographical area. An operator of a tow car is not eligible for inclusion on the list if the operator is insured under the same policy of insurance as two or more other operators of tow cars who are included on the list and operate in the same geographical area.
Sec. 2. 1. Not later than 10 days after the effective date of this act, the Nevada highway patrol shall add to the list of operators of tow cars maintained and used by it pursuant to the provisions of NRS 706.4485 any operator of a tow car who:
(a) Is eligible pursuant to NRS 706.4485 to be included on the list; and
(b) Was included on the list on June 30, 1998, and was subsequently removed from that list by the Nevada highway patrol solely on the ground that the operator was insured under the same policy of insurance as one other operator of a tow car who was included on the list and operated in the same geographical area.
2. An operator of a tow car who is added to the list pursuant to the provisions of subsection 1:
(a) Must remain on the list as long as he is qualified for inclusion on the list pursuant to NRS 706.4485.
(b) Does not have a cause of action for any damages incurred by him because of his removal from the list.
Sec. 3. This act becomes effective upon passage and approval.
________
κ1999 Statutes of Nevada, Page 1333κ
Assembly Bill No. 18Committee on Judiciary
CHAPTER 318
AN ACT relating to the practice of law; revising certain provisions relating to the unauthorized practice of law; increasing the penalties for the unlawful practice of law; and providing other matters properly relating thereto.
[Approved May 28, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 7.285 is hereby amended to read as follows:
7.285 1. [No] A person shall not practice law in this state [unless he is] if the person:
(a) Is not an active member of the State Bar of Nevada or otherwise authorized to practice law in this state pursuant to the rules of the supreme court [.
2. Any person who, not being an active member of the State Bar of Nevada, or who, after he] ; or
(b) Is suspended or has been disbarred [or while suspended] from membership in the State Bar of Nevada [, as provided in] pursuant to the rules of the supreme court . [, shall practice law,]
2. A person who violates any provision of subsection 1 is guilty of :
(a) For a first offense within the immediately preceding 7 years, a misdemeanor.
(b) For a second offense within the immediately preceding 7 years, a gross misdemeanor.
(c) For a third and any subsequent offense within the immediately preceding 7 years, a category E felony and shall be punished as provided in NRS 193.130.
3. The State Bar of Nevada may bring a civil action to secure an injunction and any other appropriate relief against a person who violates this section.
Sec. 2. The amendatory provisions of this act do not apply to offenses that are committed before October 1, 1999.
________
κ1999 Statutes of Nevada, Page 1334κ
Assembly Bill No. 53Assemblyman Carpenter
CHAPTER 319
AN ACT relating to public safety; providing for an increased penalty for felonies committed under certain circumstances that threaten the safety of pupils and school employees; revising certain provisions governing the definition of first degree murder; establishing for the purposes of the death penalty an aggravating circumstance relating to murders committed under certain circumstances that threaten the safety of pupils and school employees; revising various provisions relating to juveniles who commit certain unlawful acts; making various other changes concerning the safety of pupils and school employees; providing penalties; and providing other matters properly relating thereto.
[Approved May 28, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 193.161 is hereby amended to read as follows:
193.161 1. Except as otherwise provided in subsection 2 and NRS 193.169, any person who commits a felony on the property of a public or private school, at an activity sponsored by a public or private school or on a school bus while the bus is engaged in its official duties shall be punished by imprisonment in the state prison for a term equal to and in addition to the term of imprisonment prescribed by statute for the crime. The sentence prescribed by this section must run consecutively with the sentence prescribed by statute for the crime.
2. [This section] Unless a greater penalty is provided by specific statute and except as otherwise provided in NRS 193.169, in lieu of an additional term of imprisonment as provided pursuant to subsection 1, if a felony that resulted in death or substantial bodily harm to the victim was committed on the property of a public or private school when pupils or employees of the school were present or may have been present, at an activity sponsored by a public or private school or on a school bus while the bus was engaged in its official duties, and the person who committed the felony intended to create a great risk of death or substantial bodily harm to more than one person by means of a weapon, device or course of action that would normally be hazardous to the lives of more than one person, the felony may be deemed a category A felony and the person who committed the felony may be punished by imprisonment in the state prison:
(a) For life without the possibility of parole;
(b) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 20 years has been served; or
(c) For a definite term of 50 years, with eligibility for parole beginning when a minimum of 20 years has been served.
3. Subsection 1 does not create [any] a separate offense but provides an additional penalty for the primary offense, [whose] the imposition of which is contingent upon the finding of the prescribed fact. Subsection 2 does not create a separate offense but provides an alternative penalty for the primary offense, the imposition of which is contingent upon the finding of the prescribed fact.
κ1999 Statutes of Nevada, Page 1335 (CHAPTER 319, AB 53)κ
[3.] 4. For the purposes of this section, school bus has the meaning ascribed to it in NRS 483.160.
Sec. 2. NRS 193.169 is hereby amended to read as follows:
193.169 1. A person who is sentenced to an additional term of imprisonment pursuant to the provisions of subsection 1 of NRS 193.161, NRS 193.162, 193.163, 193.165, 193.167, 193.1675, 193.168 or 453.3345 must not be sentenced to an additional term of imprisonment pursuant to any of the other listed sections even if the persons conduct satisfies the requirements for imposing an additional term of imprisonment pursuant to another one or more of those sections.
2. A person who is sentenced to an alternative term of imprisonment pursuant to subsection 2 of NRS 193.161 must not be sentenced to an additional term of imprisonment pursuant to subsection 1 of NRS 193.161, NRS 193.162, 193.163, 193.165, 193.167, 193.1675, 193.168 or 453.3345 even if the persons conduct satisfies the requirements for imposing an additional term of imprisonment pursuant to another one or more of those sections.
3. This section does not:
(a) Affect other penalties or limitations upon probation or suspension of a sentence contained in the sections listed in subsection 1 [.] or 2.
(b) Prohibit alleging in the alternative in the indictment or information that the persons conduct satisfies the requirements of more than one of the sections listed in subsection 1 or 2 and introducing evidence to prove the alternative allegations.
Sec. 3. NRS 200.030 is hereby amended to read as follows:
200.030 1. Murder of the first degree is murder which is:
(a) Perpetrated by means of poison, lying in wait [, torture or child abuse,] or torture, or by any other kind of willful, deliberate and premeditated killing;
(b) Committed in the perpetration or attempted perpetration of sexual assault, kidnaping, arson, robbery, burglary, invasion of the home, sexual abuse of a child , [or] sexual molestation of a child under the age of 14 years [;] or child abuse;
(c) Committed to avoid or prevent the lawful arrest of any person by a peace officer or to effect the escape of any person from legal custody [.] ; or
(d) Committed on the property of a public or private school, at an activity sponsored by a public or private school or on a school bus while the bus was engaged in its official duties by a person who intended to create a great risk of death or substantial bodily harm to more than one person by means of a weapon, device or course of action that would normally be hazardous to the lives of more than one person.
2. Murder of the second degree is all other kinds of murder.
3. The jury before whom any person indicted for murder is tried shall, if they find him guilty thereof, designate by their verdict whether he is guilty of murder of the first or second degree.
4. A person convicted of murder of the first degree is guilty of a category A felony and shall be punished:
κ1999 Statutes of Nevada, Page 1336 (CHAPTER 319, AB 53)κ
(a) By death, only if one or more aggravating circumstances are found and any mitigating circumstance or circumstances which are found do not outweigh the aggravating circumstance or circumstances; or
(b) By imprisonment in the state prison:
(1) For life without the possibility of parole;
(2) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 20 years has been served; or
(3) For a definite term of 50 years, with eligibility for parole beginning when a minimum of 20 years has been served.
A determination of whether aggravating circumstances exist is not necessary to fix the penalty at imprisonment for life with or without the possibility of parole.
5. A person convicted of murder of the second degree is guilty of a category A felony and shall be punished by imprisonment in the state prison:
(a) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served; or
(b) For a definite term of 25 years, with eligibility for parole beginning when a minimum of 10 years has been served.
6. As used in this section:
(a) Child abuse means physical injury of a nonaccidental nature to a child under the age of 18 years;
(b) School bus has the meaning ascribed to it in NRS 483.160;
(c) Sexual abuse of a child means any of the acts described in NRS 432B.100; and
[(c)] (d) Sexual molestation means any willful and lewd or lascivious act, other than acts constituting the crime of sexual assault, upon or with the body, or any part or member thereof, of a child under the age of 14 years, with the intent of arousing, appealing to, or gratifying the lust, passions or sexual desires of the perpetrator or of the child.
Sec. 4. NRS 200.033 is hereby amended to read as follows:
200.033 The only circumstances by which murder of the first degree may be aggravated are:
1. The murder was committed by a person under sentence of imprisonment.
2. The murder was committed by a person who, at any time before a penalty hearing is conducted for the murder pursuant to NRS 175.552, is or has been convicted of:
(a) Another murder and the provisions of subsection 12 do not otherwise apply to that other murder; or
(b) A felony involving the use or threat of violence to the person of another and the provisions of subsection 4 do not otherwise apply to that felony.
For the purposes of this subsection, a person shall be deemed to have been convicted at the time the jury verdict of guilt is rendered or upon pronouncement of guilt by a judge or judges sitting without a jury.
3. The murder was committed by a person who knowingly created a great risk of death to more than one person by means of a weapon, device or course of action which would normally be hazardous to the lives of more than one person.
κ1999 Statutes of Nevada, Page 1337 (CHAPTER 319, AB 53)κ
4. The murder was committed while the person was engaged, alone or with others, in the commission of or an attempt to commit or flight after committing or attempting to commit, any robbery, arson in the first degree, burglary, invasion of the home or kidnaping in the first degree, and the person charged:
(a) Killed or attempted to kill the person murdered; or
(b) Knew or had reason to know that life would be taken or lethal force used.
5. The murder was committed to avoid or prevent a lawful arrest or to effect an escape from custody.
6. The murder was committed by a person, for himself or another, to receive money or any other thing of monetary value.
7. The murder was committed upon a peace officer or fireman who was killed while engaged in the performance of his official duty or because of an act performed in his official capacity, and the defendant knew or reasonably should have known that the victim was a peace officer or fireman. For the purposes of this subsection, peace officer means:
(a) An employee of the department of prisons who does not exercise general control over offenders imprisoned within the institutions and facilities of the department but whose normal duties require him to come into contact with those offenders, when carrying out the duties prescribed by the director of the department.
(b) Any person upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 289.150 to 289.360, inclusive, when carrying out those powers.
8. The murder involved torture or the mutilation of the victim.
9. The murder was committed upon one or more persons at random and without apparent motive.
10. The murder was committed upon a person less than 14 years of age.
11. The murder was committed upon a person because of the actual or perceived race, color, religion, national origin, physical or mental disability or sexual orientation of that person.
12. The defendant has, in the immediate proceeding, been convicted of more than one offense of murder in the first or second degree. For the purposes of this subsection, a person shall be deemed to have been convicted of a murder at the time the jury verdict of guilt is rendered or upon pronouncement of guilt by a judge or judges sitting without a jury.
13. The person, alone or with others, subjected or attempted to subject the victim of the murder to nonconsensual sexual penetration immediately before, during or immediately after the commission of the murder. For the purposes of this subsection:
(a) Nonconsensual means against the victims will or under conditions in which the person knows or reasonably should know that the victim is mentally or physically incapable of resisting, consenting or understanding the nature of his conduct, including, but not limited to, conditions in which the person knows or reasonably should know that the victim is dead.
(b) Sexual penetration means cunnilingus, fellatio or any intrusion, however slight, of any part of the victims body or any object manipulated or inserted by a person, alone or with others, into the genital or anal openings of the body of the victim, whether or not the victim is alive.
κ1999 Statutes of Nevada, Page 1338 (CHAPTER 319, AB 53)κ
the body of the victim, whether or not the victim is alive. The term includes, but is not limited to, anal intercourse and sexual intercourse in what would be its ordinary meaning.
14. The murder was committed on the property of a public or private school, at an activity sponsored by a public or private school or on a school bus while the bus was engaged in its official duties by a person who intended to create a great risk of death or substantial bodily harm to more than one person by means of a weapon, device or course of action that would normally be hazardous to the lives of more than one person. For the purposes of this subsection, school bus has the meaning ascribed to it in NRS 483.160.
Sec. 5. NRS 62.040 is hereby amended to read as follows:
62.040 1. Except if the child involved is subject to the exclusive jurisdiction of an Indian tribe, and except as otherwise provided in this chapter, the court has exclusive original jurisdiction in proceedings:
(a) Concerning any child living or found within the county who is in need of supervision because he:
(1) Is a child who is subject to compulsory school attendance and is a habitual truant from school;
(2) Habitually disobeys the reasonable and lawful demands of his parents, guardian or other custodian, and is unmanageable; or
(3) Deserts, abandons or runs away from his home or usual place of abode,
and is in need of care or rehabilitation. The child must not be considered a delinquent.
(b) Concerning any child living or found within the county who has committed a delinquent act. A child commits a delinquent act if he violates a county or municipal ordinance or any rule or regulation having the force of law, or he commits an act designated a crime under the law of the State of Nevada.
(c) Concerning any child in need of commitment to an institution for the mentally retarded.
2. For the purposes of subsection 1, each of the following acts shall be deemed not to be a delinquent act, and the court does not have jurisdiction of a person who is charged with committing such an act:
(a) Murder or attempted murder and any other related offense arising out of the same facts as the murder or attempted murder, regardless of the nature of the related offense.
(b) Sexual assault or attempted sexual assault involving the use or threatened use of force or violence against the victim and any other related offense arising out of the same facts as the sexual assault or attempted sexual assault, regardless of the nature of the related offense, if:
(1) The person was 16 years of age or older when the sexual assault or attempted sexual assault was committed; and
(2) Before the sexual assault or attempted sexual assault was committed, the person previously had been adjudicated delinquent for an act that would have been a felony if committed by an adult.
(c) An offense or attempted offense involving the use or threatened use of a firearm and any other related offense arising out of the same facts as the offense or attempted offense involving the use or threatened use of a firearm, regardless of the nature of the related offense, if:
κ1999 Statutes of Nevada, Page 1339 (CHAPTER 319, AB 53)κ
offense or attempted offense involving the use or threatened use of a firearm, regardless of the nature of the related offense, if:
(1) The person was 16 years of age or older when the offense or attempted offense involving the use or threatened use of a firearm was committed; and
(2) Before the offense or attempted offense involving the use or threatened use of a firearm was committed, the person previously had been adjudicated delinquent for an act that would have been a felony if committed by an adult.
(d) A felony resulting in death or substantial bodily harm to the victim and any other related offense arising out of the same facts as the felony, regardless of the nature of the related offense, if:
(1) The felony was committed on the property of a public or private school when pupils or employees of the school were present or may have been present, at an activity sponsored by a public or private school or on a school bus while the bus was engaged in its official duties; and
(2) The person intended to create a great risk of death or substantial bodily harm to more than one person by means of a weapon, device or course of action that would normally be hazardous to the lives of more than one person.
(e) Any other offense if, before the offense was committed, the person previously had been convicted of a criminal offense.
3. If a child is charged with a minor traffic offense, the court may transfer the case and record to a justices or municipal court if the judge determines that it is in the best interest of the child. If a case is so transferred:
(a) The restrictions set forth in subsection 5 of NRS 62.170 are applicable in those proceedings; and
(b) The child must be accompanied at all proceedings by a parent or legal guardian.
With the consent of the judge of the juvenile division, the case may be transferred back to the juvenile court.
4. As used in this section, school bus has the meaning ascribed to it in NRS 483.160.
Sec. 6. Section 1 of Assembly Bill No. 262 of this session is hereby amended to read as follows:
Section 1. (Deleted by amendment.)
Sec. 7. Section 2 of Assembly Bill No. 262 of this session is hereby amended to read as follows:
Sec. 2. NRS 62.170 is hereby amended to read as follows:
62.170 1. Except as otherwise provided in NRS 62.175 and section 2 of Assembly Bill No. 221 of this [act,] session, a peace officer or probation officer may take into custody any child:
(a) Who the officer has probable cause to believe is violating or has violated any law, ordinance or rule or regulation having the force of law; or
(b) Whose conduct indicates that he is a child in need of supervision.
κ1999 Statutes of Nevada, Page 1340 (CHAPTER 319, AB 53)κ
2. Except as otherwise provided in this section, section 2 of Assembly Bill No. 221 of this [act] session and NRS 484.383, if a child is taken into custody:
(a) The officer shall [immediately] , without undue delay, attempt to notify , if known, the parent, guardian or custodian of the child [, if known, and the] ;
(b) The facility in which the child is detained shall, without undue delay:
(1) Notify a probation officer; and
[(b)] (2) Attempt to notify, if known, the parent, guardian or custodian of the child if such notification was not accomplished pursuant to paragraph (a); and
(c) Unless it is impracticable or inadvisable or has been otherwise ordered by the court, the child must be released to the custody of his parent or other responsible adult who has signed a written agreement to bring the child to the court at a stated time or at such time as the court may direct. The written agreement must be submitted to the court as soon as possible. If this person fails to produce the child as agreed or upon notice from the court, a writ may be issued for the attachment of the person or of the child requiring that the person or child, or both of them, be brought into the court at a time stated in the writ.
3. Except as otherwise provided in this section and section 2 of Assembly Bill No. 221 of this [act,] session, if a child who is taken into custody is not released pursuant to subsection 2:
(a) The child must be taken without unnecessary delay to:
(1) The court; or
(2) The place of detention designated by the court [,] and, as soon as possible thereafter, the fact of detention must be reported to the court; and
(b) Pending further disposition of the case, the court may order that the child be:
(1) Released to the custody of the parent or other person appointed by the court;
(2) Detained in such place as is designated by the court, subject to further order of the court; or
(3) Conditionally released for supervised detention at the home of the child in lieu of detention at a facility for the detention of juveniles.
4. Except as otherwise provided in section 2 of Assembly Bill No. 221 of this [act,] session, if a child is alleged to be delinquent or in need of supervision, the child must not, before disposition of the case, be detained in a facility for the secure detention of juveniles unless there is probable cause to believe that:
(a) If the child is not detained, he is likely to commit an offense dangerous to himself or to the community, or likely to commit damage to property;
(b) The child will run away or be taken away so as to be unavailable for proceedings of the court or to its officers;
κ1999 Statutes of Nevada, Page 1341 (CHAPTER 319, AB 53)κ
(c) The child was brought to the probation officer pursuant to a court order or warrant; or
(d) The child is a fugitive from another jurisdiction.
5. If a child is not alleged to be delinquent or in need of supervision, the child must not, at any time, be confined or detained in:
(a) A facility for the secure detention of juveniles; or
(b) Any police station, lockup, jail, prison or other facility in which adults are detained or confined.
6. If a child is less than 18 years of age, the child must not, at any time, be confined or detained in any police station, lockup, jail, prison or other facility where the child has regular contact with any adult who is confined or detained therein and who has been convicted of a crime or charged with a crime, unless:
(a) The child is alleged to be delinquent;
(b) An alternative facility is not available; and
(c) The child is separated by sight and sound from any adults who are confined or detained therein.
7. If a child who is alleged to be delinquent is taken into custody and detained, the child must be given a detention hearing, conducted by the judge or master:
(a) Within 24 hours after the child submits a written application;
(b) In a county whose population is less than 100,000, within 24 hours after the commencement of detention at a police station, lockup, jail, prison or other facility in which adults are detained or confined;
(c) In a county whose population is 100,000 or more, within 6 hours after the commencement of detention at a police station, lockup, jail, prison or other facility in which adults are detained or confined; or
(d) Within 72 hours after the commencement of detention at a facility in which adults are not detained or confined,
whichever occurs first, excluding Saturdays, Sundays and holidays. A child must not be released after a detention hearing without the written consent of the judge or master.
8. If the parent, guardian or custodian of the child appears with or on behalf of the child at a detention hearing, the judge or master shall provide to him a certificate of attendance which he may provide to his employer. The certificate of attendance must set forth the date and time of appearance and the provisions of NRS 62.900. The certificate of attendance must not set forth the name of the child or the offense alleged.
9. Except as otherwise provided in subsection 10, if a child who is alleged to be in need of supervision is taken into custody and detained, the child must be released within 24 hours, excluding Saturdays, Sundays and holidays, after his initial contact with a peace officer to his parent, guardian or custodian, to any other person who is able to provide adequate care and supervision, or to shelter care, unless the court holds a detention hearing and determines the child:
κ1999 Statutes of Nevada, Page 1342 (CHAPTER 319, AB 53)κ
(a) Has threatened to run away from home or from the shelter;
(b) Is accused of violent behavior at home; or
(c) Is accused of violating the terms of his supervision and consent decree.
If the court makes such a determination, the child may be detained for an additional 24 hours after the hearing, excluding Saturdays, Sundays and holidays, if needed by the court to make an alternative placement. Such an alternative placement must be in a facility in which there are no physically restraining devices or barriers. A child must not be detained pursuant to this subsection for a total period in excess of 48 hours, excluding Saturdays, Sundays and holidays.
10. If a child who is alleged to be in need of supervision is taken into custody and detained, the child need not be released pursuant to subsection 9, if the court holds a detention hearing and determines the child:
(a) Is a ward of a federal court or held pursuant to federal statute;
(b) Has run away from another state and a jurisdiction within the state has issued a want, warrant or request for the child; or
(c) Is accused of violating a valid court order.
If the court makes such a determination, the child may be detained for such an additional period as necessary for the court to return the child to the jurisdiction from which he originated or to make an alternative placement. Such an alternative placement must be in a facility in which there are no physically restraining devices or barriers.
11. During the pendency of a criminal or quasi-criminal charge of a crime excluded from the original jurisdiction of the juvenile court pursuant to NRS 62.040, a child may petition the juvenile court for temporary placement in a facility for the detention of juveniles.
12. In determining whether to release a child pursuant to this section to a person other than his parent, guardian or custodian, preference must be given to any person related within the third degree of consanguinity to the child who is suitable and able to provide proper care and guidance for the child.
Sec. 8. Assembly Bill No. 262 of this session is hereby amended by adding thereto a new section to read as follows:
Sec. 3. This act becomes effective at 12:01 a.m. on October 1, 1999.
Sec. 9. The amendatory provisions of this act do not apply to offenses committed before October 1, 1999.
Sec. 10. This act becomes effective at 12:02 a.m. on October 1, 1999.
________
κ1999 Statutes of Nevada, Page 1343κ
Assembly Bill No. 71Assemblywoman Buckley
Joint Sponsor: Senator Raggio
CHAPTER 320
AN ACT relating to personal identity; prohibiting a person from obtaining any personal identifying information of another person and using the information to harm that other person or for any unlawful purpose; making various changes to provisions concerning identity fraud and false status; authorizing a person to bring a civil action against another person who unlawfully obtained and used his personal identifying information; requiring a creditor who mails a solicitation for an extension of credit to a person to use the same address to mail the extension of credit to the person under certain circumstances; providing penalties; and providing other matters properly relating thereto.
[Approved May 28, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 199.480 is hereby amended to read as follows:
199.480 1. Except as otherwise provided in subsection 2, whenever two or more persons conspire to commit murder, robbery, sexual assault, kidnaping in the first or second degree, [or] arson in the first or second degree, or a violation of section 2 of this act, each person is guilty of a category B felony and shall be punished:
(a) If the conspiracy was to commit robbery, sexual assault, kidnaping in the first or second degree , [or] arson in the first or second degree, or a violation of section 2 of this act, by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years; or
(b) If the conspiracy was to commit murder, by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years,
and may be further punished by a fine of not more than $5,000.
2. If the conspiracy subjects the conspirators to criminal liability under NRS 207.400, they shall be punished in the manner provided in NRS 207.400.
3. Whenever two or more persons conspire:
(a) To commit any crime other than those set forth in subsections 1 and 2, and no punishment is otherwise prescribed by law;
(b) Falsely and maliciously to procure another to be arrested or proceeded against for a crime;
(c) Falsely to institute or maintain any action or proceeding;
(d) To cheat or defraud another out of any property by unlawful or fraudulent means;
(e) To prevent another from exercising any lawful trade or calling, or from doing any other lawful act, by force, threats or intimidation, or by interfering or threatening to interfere with any tools, implements or property belonging to or used by another, or with the use or employment thereof;
κ1999 Statutes of Nevada, Page 1344 (CHAPTER 320, AB 71)κ
(f) To commit any act injurious to the public health, public morals, trade or commerce, or for the perversion or corruption of public justice or the due administration of the law; or
(g) To accomplish any criminal or unlawful purpose, or to accomplish a purpose, not in itself criminal or unlawful, by criminal or unlawful means,
each person is guilty of a gross misdemeanor.
Sec. 2. Chapter 205 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 2, a person who knowingly:
(a) Obtains any personal identifying information of another person; and
(b) Uses the personal identifying information to harm that other person or for any unlawful purpose, including, without limitation, to obtain credit, a good, a service or anything of value in the name of that person,
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 20 years, and may be further punished by a fine of not more than $100,000.
2. A person who knowingly:
(a) Obtains any personal identifying information of another person; and
(b) Uses the personal identifying information to avoid or delay being prosecuted for an unlawful act,
is guilty of a category E felony and shall be punished as provided in NRS 193.130.
3. In addition to any other penalty, the court shall order a person convicted of violating subsection 1 to pay restitution, including, without limitation, any attorneys fees and costs incurred to:
(a) Repair the credit history or rating of the person whose personal identifying information he obtained and used in violation of subsection 1; and
(b) Satisfy a debt, lien or other obligation incurred by the person whose personal identifying information he obtained and used in violation of subsection 1.
4. As used in this section, personal identifying information has the meaning ascribed to it in NRS 205.465.
Sec. 3. NRS 205.450 is hereby amended to read as follows:
205.450 Every person who shall falsely represent or personate another, and, in such assumed character, shall marry another, become bail or surety for any party, in any proceeding, civil or criminal, before any court or officer authorized to take such bail or surety, or confess any judgment, or acknowledge the execution of any conveyance of real property, or of any other instrument which, by law, may be recorded, or do any other act in the course of any suit, proceeding or prosecution, whereby the person so represented or personated may be made liable, in any event, to the payment of any debt, damages, cost or sum of money, or his right or interest may, in
κ1999 Statutes of Nevada, Page 1345 (CHAPTER 320, AB 71)κ
any manner be affected, [shall be] is guilty of a [misdemeanor.] category C felony and shall be punished as provided in NRS 193.130.
Sec. 4. NRS 205.455 is hereby amended to read as follows:
205.455 [Every] Unless a greater penalty is provided pursuant to section 2 of this act, a person who falsely represents or personates another, and, in such assumed character, receives any money or valuable property of any description intended to be delivered to the person so personated, shall be punished in the same manner and to the same extent as [for feloniously stealing] if he stole the money or property so received.
Sec. 5. NRS 205.465 is hereby amended to read as follows:
205.465 1. It is unlawful for a person to possess, sell or transfer any document or personal identifying information for the purpose of establishing a false status, occupation, membership, license or identity for himself or any other person.
2. A person who [sells] :
(a) Sells or transfers any such document or personal identifying information in violation of subsection 1; or
(b) Possesses any such document or personal identifying information in violation of subsection 1 to commit any of the crimes set forth in NRS 205.085 to 205.217, inclusive, 205.473 to 205.491, inclusive, or 205.610 to 205.810, inclusive,
is guilty of a category C felony and shall be punished as provided in NRS 193.130. [A]
3. Except as otherwise provided in subsection 2, a person who possesses any such document or personal identifying information in violation of subsection 1 is guilty of a misdemeanor.
[3.] 4. Subsection 1 does not:
(a) Preclude the adoption by a city or county of an ordinance prohibiting the possession of any such document [.] or personal identifying information; or
(b) Prohibit the possession or use of [those documents] any such document or personal identifying information by officers of local police, sheriff and metropolitan police departments and by agents of the investigation division of the department of motor vehicles and public safety while engaged in undercover investigations [relating to narcotics or prostitution.] related to the lawful discharge of their duties.
5. As used in this section:
(a) Document includes, without limitation, a photocopy print, photostat and other replica of a document.
(b) Personal identifying information means any information designed, commonly used or capable of being used, alone or in conjunction with any other information, to identify a person, including, without limitation:
(1) The name, drivers license number, social security number, savings account number, credit card number, debit card number, date of birth, place of employment and maiden name of the mother of a person; and
(2) The fingerprints, voiceprint, retina image and iris image of a person.
κ1999 Statutes of Nevada, Page 1346 (CHAPTER 320, AB 71)κ
Sec. 6. Chapter 41 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A person who has suffered injury as the proximate result of a violation of the provisions of section 2 of this act may commence an action for the recovery of his actual damages, costs and reasonable attorneys fees and for any punitive damages that the facts may warrant.
2. An action described in subsection 1 must be commenced not later than 2 years after the person who suffered the injury discovers the facts constituting the violation of the provisions of section 2 of this act.
Sec. 7. Chapter 598B of NRS is hereby amended by adding thereto a new section to read as follows:
If a creditor mails a solicitation for the extension of credit to a person and the person applies for such credit, the creditor shall mail the extension of credit to the person to the same address as the solicitation, unless the creditor verifies any change of address of the person using a reliable method.
Sec. 8. The amendatory provisions of this act do not apply to offenses that were committed before October 1, 1999.
________
Assembly Bill No. 82Committee on Judiciary
CHAPTER 321
AN ACT relating to sanity commissions; revising the provisions governing the compensation of the members of a sanity commission; and providing other matters properly relating thereto.
[Approved May 28, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 178.465 is hereby amended to read as follows:
178.465 The members of the sanity commission are only entitled to receive [reasonable compensation fixed by the judge impaneling the commission.] compensation for conducting an examination of and preparing reports regarding the person designated by the judge in the order impaneling the commission. In consultation with the presiding judge of the judicial district from which the order to impanel the commission was issued or, if the district has no presiding judge, a judge designated by mutual consent of the district judges of that district, the administrator of the division of mental health and developmental services of the department of human resources shall fix a reasonable rate of compensation for the members of the commission. The compensation is a charge against and must be paid by the division [of mental health and developmental services of the department of human resources] upon an order therefor signed by the judge who impaneled the commission and submitted to the administrator . [of the division.] The administrator shall submit a claim for payment of the order in the manner provided by law. After the appropriation for this purpose is exhausted, money must be allocated to the division [of mental health and developmental services] out of the reserve for statutory contingency account upon approval by the state board of examiners, for payment of the compensation.
κ1999 Statutes of Nevada, Page 1347 (CHAPTER 321, AB 82)κ
developmental services] out of the reserve for statutory contingency account upon approval by the state board of examiners, for payment of the compensation.
Sec. 2. This act becomes effective on July 1, 1999.
________
Assembly Bill No. 86Committee on Judiciary
CHAPTER 322
AN ACT relating to justices of the peace; requiring that the justices of the peace in certain townships be licensed and admitted to practice law in the courts of this state; and providing other matters properly relating thereto.
[Approved May 28, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 4.010 is hereby amended to read as follows:
4.010 1. A person who is not a qualified elector is not eligible to the office of justice of the peace.
2. [A justice of the peace in a township whose population is 250,000 or more must be an attorney who is licensed and admitted to practice law in the courts of this state.] A justice of the peace [in a township whose population is less than 250,000] must have a high school diploma or its equivalent as determined by the state board of education [.] and:
(a) In a county whose population is 400,000 or more, a justice of the peace in a township whose population is 100,000 or more must be an attorney who is licensed and admitted to practice law in the courts of this state.
(b) In a county whose population is less than 400,000, a justice of the peace in a township whose population is 250,000 or more must be an attorney who is licensed and admitted to practice law in the courts of this state.
3. Subsection 2 does not apply to any person who held the office of justice of the peace on June 30, [1987.] 1999.
Sec. 2. Section 4 of Assembly Bill No. 20 of this session is hereby amended to read as follows:
Sec. 4. NRS 4.010 is hereby amended to read as follows:
4.010 1. A person [who is] shall not be a [qualified elector is not] candidate for or be eligible to the office of justice of the peace [.] unless he is a qualified elector and has never been removed or retired from any judicial office by the commission on judicial discipline. For the purposes of this subsection, a person shall not be ineligible to be a candidate for the office of justice of the peace if a decision to remove or retire him from a judicial office is pending appeal before the supreme court or has been overturned by the supreme court.
2. A justice of the peace must have a high school diploma or its equivalent as determined by the state board of education and:
κ1999 Statutes of Nevada, Page 1348 (CHAPTER 322, AB 86)κ
(a) In a county whose population is 400,000 or more, a justice of the peace in a township whose population is 100,000 or more must be an attorney who is licensed and admitted to practice law in the courts of this state.
(b) In a county whose population is less than 400,000, a justice of the peace in a township whose population is 250,000 or more must be an attorney who is licensed and admitted to practice law in the courts of this state.
3. Subsection 2 does not apply to any person who held the office of justice of the peace on June 30, 1999.
Sec. 3. This act becomes effective on July 1, 1999.
________
Assembly Bill No. 159Assemblymen Gibbons, Chowning, Hettrick, Ohrenschall, Dini, Bache, Gustavson, Freeman, Tiffany, de Braga, Mortenson, Cegavske, McClain, Claborn, Beers, Anderson, Goldwater, Lee, Neighbors, Segerblom, Carpenter, Nolan, Leslie and Thomas
CHAPTER 323
AN ACT relating to decedents; providing that a person who is a culpable actor in the felonious and intentional killing of a decedent may not inherit from the decedent or accrue other benefits based upon the death of the decedent; providing for a civil action; and providing other matters properly relating thereto.
[Approved May 28, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Title 3 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 28, inclusive, of this act.
Sec. 2. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 3 to 17, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 3. Acquitted includes, without limitation, a finding of not guilty by reason of insanity or diminished capacity.
Sec. 4. Agent means a person who is authorized to represent or act for another person. The term includes, without limitation, an attorney in fact under a durable or nondurable power of attorney or a person who is authorized pursuant to the provisions of a governing instrument to make decisions concerning the provision of health care to another person.
Sec. 5. Beneficiary means a person who is entitled to accrue, acquire or receive any property, interest or benefit pursuant to the provisions of a governing instrument or the laws of intestate succession.
Sec. 6. Community property has the meaning ascribed to it in NRS 123.220.
κ1999 Statutes of Nevada, Page 1349 (CHAPTER 323, AB 159)κ
Sec. 7. Community property with right of survivorship means community property in which a right of survivorship exists pursuant to NRS 111.064 or 115.060 or any other provision of law.
Sec. 8. Convicted and conviction mean a judgment based upon:
1. A plea of guilty, guilty but mentally ill or nolo contendere;
2. A finding of guilt by a jury or a court sitting without a jury;
3. An adjudication of delinquency or finding of guilt by a court having jurisdiction over juveniles; or
4. Any other admission or finding of guilt in a criminal action or a proceeding in a court having jurisdiction over juveniles.
Sec. 9. Culpable actor in the felonious and intentional killing of a decedent means a person who:
1. Causes or perpetrates the felonious and intentional killing of the decedent;
2. Aids, abets, commands, counsels, encourages, hires, induces, procures or solicits another person to cause or perpetrate the felonious and intentional killing of the decedent; or
3. Is a principal in any degree, accessory before the fact, accomplice or conspirator to the felonious and intentional killing of the decedent.
Sec. 10. Governing instrument means any of the following:
1. A deed or any other instrument that transfers any property, interest or benefit.
2. An annuity or a policy of insurance.
3. A trust, whether created by an instrument executed during the life of the settlor, a testamentary instrument or any other instrument, judgment or decree, including, without limitation, any of the following:
(a) An express trust, whether private or charitable, and any additions to such a trust.
(b) A trust created or determined by a judgment or decree under which the trust is to be administered in the manner of an express trust.
4. A will, a codicil or any other testamentary instrument, including, without limitation, a testamentary instrument that:
(a) Appoints a person to serve in a fiduciary or representative capacity, nominates a guardian or revokes or revises another will, codicil or testamentary instrument; or
(b) Excludes or limits the right of a person or class of persons to succeed to any property, interest or benefit pursuant to the laws of intestate succession.
5. Any account or deposit that is payable or transferable on the death of a person or any instrument that provides for the payment or transfer of any property, interest or benefit on the death of a person.
6. A security registered as transferable on the death of a person or a security registered in beneficiary form pursuant to NRS 111.480 to 111.650, inclusive.
7. Any instrument creating or exercising a power of appointment or a durable or nondurable power of attorney.
8. Any instrument that appoints or nominates a person to serve in any fiduciary or representative capacity, including, without limitation, an agent, guardian, executor, personal representative or trustee.
κ1999 Statutes of Nevada, Page 1350 (CHAPTER 323, AB 159)κ
9. Any public or private plan or system that entitles a person to the payment or transfer of any property, interest or benefit, including, without limitation, a plan or system that involves any of the following:
(a) Pension benefits, retirement benefits or other similar benefits.
(b) Profit-sharing or any other form of participation in profits, revenues, securities, capital or assets.
(c) Industrial insurance, workers compensation or other similar benefits.
(d) Group insurance.
10. A partnership agreement or an agreement concerning any joint adventure, enterprise or venture.
11. A premarital, antenuptial or postnuptial agreement, a marriage contract or settlement or any other similar agreement, contract or settlement.
12. Any instrument that declares a homestead pursuant to chapter 115 of NRS.
13. Any other dispositive, appointive, nominative or declarative instrument.
Sec. 11. Interest means:
1. Any interest, in whole or in part, in any property or estate, whether such interest is legal or equitable, present or future, or contingent or vested;
2. A right, power or privilege to appoint, consume, exercise, transfer or use any such interest; or
3. Any other right, power or privilege relating to any such interest.
Sec. 12. Interested person means:
1. A parent, spouse, child or sibling of a decedent;
2. A beneficiary or a person who would be a beneficiary if another person were found to be a killer of a decedent;
3. A person who serves in any fiduciary or representative capacity with respect to any property, interest or benefit that is in any way related to a decedent, his estate or a governing instrument or a person who would be entitled to serve in such a capacity if another person were found to be a killer of a decedent; or
4. A person who has a right to or claim against any property, interest or benefit that is in any way related to a decedent, his estate or a governing instrument or a person who would have such a right or claim if another person were found to be a killer of a decedent.
Sec. 13. Joint tenants with right of survivorship means two or more persons who hold any property, interest or benefit under circumstances that entitle one or more of the persons to the whole of the property, interest or benefit on the death of one or more of the other persons.
Sec. 14. Killer means a person who is deemed to be a killer of a decedent pursuant to section 20 or 21 of this act.
Sec. 15. Payor means a person who is authorized or obligated by law or a governing instrument to pay or transfer any property, interest or benefit to another person.
Sec. 16. Person means any of the following:
1. A natural person.
κ1999 Statutes of Nevada, Page 1351 (CHAPTER 323, AB 159)κ
2. Any form of business or social organization and any other nongovernmental legal entity, including, without limitation, a corporation, partnership, association, trust or unincorporated organization.
3. A government, a political subdivision of a government or an agency or instrumentality of a government or a political subdivision of a government.
Sec. 17. Property means anything that may be the subject of ownership, including, without limitation, any real or personal property or any estate in such property.
Sec. 18. For the purposes of this chapter:
1. A killing is felonious if it is committed without legal excuse or justification.
2. A killing is intentional if it is caused by or occurs during the commission of any act which involves a degree of culpability that is greater than criminal negligence.
3. Insanity or diminished capacity shall be deemed not to be a legal excuse or justification and must not be considered in determining whether a killing is felonious or intentional.
Sec. 19. 1. Notwithstanding any other provision of law, the provisions of this chapter apply to any appointment, nomination, power, right, property, interest or benefit that accrues or devolves to a killer of a decedent based upon the death of the decedent. If any such appointment, nomination, power, right, property, interest or benefit is not expressly covered by the provisions of this chapter, it must be treated in accordance with the principle that a killer cannot profit or benefit from his wrong.
2. The provisions of this chapter do not abrogate or limit the application of:
(a) The anti-lapse provisions of NRS 133.200 or the right of representation, as defined and applied in chapter 134 of NRS, with respect to a person who is not a killer of the decedent; or
(b) Any provision of a governing instrument that designates:
(1) A contingent or residuary beneficiary who is not a killer of the decedent; or
(2) Any other beneficiary who is not a killer of the decedent.
3. The provisions of this chapter do not abrogate or limit any principle or rule of the common law, unless the principle or rule is inconsistent with the provisions of this chapter.
Sec. 20. 1. If a court in this state or any other jurisdiction enters a judgment of conviction against a person in which the person is found to have been a culpable actor in the felonious and intentional killing of a decedent:
(a) The conviction conclusively establishes for the purposes of this chapter that the person feloniously and intentionally killed the decedent; and
(b) The person shall be deemed to be a killer of the decedent.
2. Notwithstanding the provisions of NRS 48.125 or 51.295 or any other provision of law, a judgment of conviction described in subsection 1, including, without limitation, a judgment of conviction based upon a plea of nolo contendere, is admissible in any civil action brought pursuant to the provisions of this chapter.
κ1999 Statutes of Nevada, Page 1352 (CHAPTER 323, AB 159)κ
of nolo contendere, is admissible in any civil action brought pursuant to the provisions of this chapter.
3. For the purposes of this section:
(a) A court in any other jurisdiction includes, without limitation, a tribal court or a court of the United States or the Armed Forces of the United States.
(b) A court enters a judgment of conviction against a person on the date on which guilt is admitted, adjudicated or found, whether or not:
(1) The court has imposed a sentence, a penalty or other sanction for the conviction; or
(2) The person has exercised any right to appeal the conviction.
(c) A killing in this state that constitutes murder of the first or second degree, as defined in NRS 200.010, 200.020 and 200.030, or voluntary manslaughter, as defined in NRS 200.040, 200.050 and 200.060, shall be deemed to be a felonious and intentional killing.
Sec. 21. 1. For the purposes of this chapter, an interested person may bring a civil action alleging that a person was a culpable actor in the felonious and intentional killing of a decedent. An interested person may bring such a civil action whether or not any person who is alleged to be a killer in the civil action or any other person is or has been, in a separate criminal action, charged with or convicted or acquitted of being:
(a) A culpable actor in the felonious and intentional killing of the decedent; or
(b) A culpable actor in any other offense arising out of the facts surrounding the killing of the decedent.
2. If an interested person brings a civil action pursuant to this section, the court shall determine, by a preponderance of the evidence, whether a person who is alleged to be a killer of the decedent was a culpable actor in the felonious and intentional killing of the decedent. If the court finds by a preponderance of the evidence that a person who is alleged to be a killer of the decedent was a culpable actor in the felonious and intentional killing of the decedent:
(a) The finding of the court conclusively establishes for the purposes of this chapter that the person feloniously and intentionally killed the decedent; and
(b) The person shall be deemed to be a killer of the decedent.
3. If, in a separate criminal action, a person is charged with being a culpable actor in the felonious and intentional killing of a decedent or with any other offense arising out of the facts surrounding the killing of the decedent and:
(a) The person is acquitted of the charge;
(b) The charge is dismissed; or
(c) A verdict or judgment is not reached or entered on the charge for any reason,
evidence concerning any such matter is not admissible in a civil action brought pursuant to this section.
4. Upon its own motion or the motion of an interested person, the court may, in whole or in part, stay the proceedings in a civil action brought pursuant to this section during the pendency of any separate criminal action that has been brought against a person who is alleged to be a killer in the civil action.
κ1999 Statutes of Nevada, Page 1353 (CHAPTER 323, AB 159)κ
action that has been brought against a person who is alleged to be a killer in the civil action. The provisions of this subsection do not limit the power of the court to stay the proceedings in the civil action for any other reason.
5. A civil action described in this section may not be commenced by an interested person more than 5 years after the interested person discovers or through the use of reasonable diligence should have discovered the material facts that constitute the cause of action.
Sec. 22. 1. A killer of a decedent forfeits any appointment, nomination, power, right, property, interest or benefit that, pursuant to the provisions of Title 12 of NRS or the common law, accrues or devolves to the killer from or through the estate of the decedent, including, without limitation:
(a) An intestate share.
(b) An elective share.
(c) The share of an omitted spouse or child.
(d) A family allowance.
(e) A homestead allowance.
(f) Any exempt property.
2. The intestate estate of the decedent passes as if the killer had predeceased the decedent, and any other appointment, nomination, power, right, property, interest or benefit described in subsection 1 must be treated as if the killer had predeceased the decedent.
Sec. 23. 1. Except as otherwise provided in section 24 of this act, a killer of a decedent forfeits any appointment, nomination, power, right, property, interest or benefit that, pursuant to the provisions of a governing instrument executed by the decedent or any other person, accrues or devolves to the killer based upon the death of the decedent.
2. In addition to any forfeiture required by subsection 1, if a governing instrument provides for the payment of certain benefits only upon the death of a decedent, a killer of the decedent forfeits any right or interest that the killer is entitled to assert against those benefits on the basis that community property was used, in whole or in part, to purchase the governing instrument or to pay one or more contributions or premiums that were related to the governing instrument.
3. If a killer of a decedent forfeits any appointment, nomination, power, right, property, interest or benefit pursuant to this section, the provisions of each governing instrument affected by the forfeiture must be treated as if the killer had predeceased the decedent.
Sec. 24. 1. A killer of a decedent forfeits any right of survivorship in property that, at the time of the killing, was held by the decedent and the killer as community property with right of survivorship or as joint tenants with right of survivorship.
2. If a killer forfeits any right of survivorship pursuant to subsection 1:
(a) The respective interests in the property held by the decedent and the killer:
(1) Shall be deemed to be severed and transformed into tenancies in common; and
(2) Are presumed to be undivided equal interests in the property, unless a personal representative of the decedent establishes that the contributions made by the decedent concerning the property exceeded the contributions made by the killer; and
κ1999 Statutes of Nevada, Page 1354 (CHAPTER 323, AB 159)κ
contributions made by the decedent concerning the property exceeded the contributions made by the killer; and
(b) The interest of the decedent passes as the separate property of the decedent and as if the killer had predeceased the decedent.
Sec. 25. 1. A killer of a decedent may not:
(a) Bring an action for wrongful death of the decedent pursuant to NRS 41.085; or
(b) Benefit in any way from such an action brought by a personal representative of the decedent.
2. Each person who may bring or benefit from an action for wrongful death of the decedent pursuant to NRS 41.085 must be determined as if the killer had predeceased the decedent.
Sec. 26. Except as otherwise provided by specific statute, if a payor or other third person, in good faith, pays or transfers any property, interest or benefit to a beneficiary in accordance with the provisions of a governing instrument, the payor or other third person is not liable to another person who alleges that the payment or transfer to the beneficiary violated the provisions of this chapter unless, before the payment or transfer, the payor or other third person had actual knowledge that the beneficiary was prohibited from acquiring or receiving the property, interest or benefit pursuant to the provisions of this chapter.
Sec. 27. 1. Except as otherwise provided in subsection 2, if a person, without legal right or authorization, acquires or receives any property, interest or benefit forfeited by a killer pursuant to the provisions of this chapter, the person is required to transfer the property, interest or benefit to the beneficiary who is entitled to it pursuant to the provisions of this chapter, or the person is liable to such beneficiary for the value of the property, interest or benefit.
2. The provisions of subsection 1 do not apply to a person who:
(a) Acquired the property, interest or benefit for value and without notice; or
(b) Received the property, interest or benefit in full or partial satisfaction of a legally enforceable obligation and without notice.
Sec. 28. 1. If a killer, for value or otherwise, transfers to a third person any property, interest or benefit forfeited by the killer pursuant to the provisions of this chapter, the killer is required to recover and transfer the property, interest or benefit to the beneficiary who is entitled to it pursuant to the provisions of this chapter, or the killer is liable to such beneficiary for the value of the property, interest or benefit.
2. If any federal law preempts any provision of this chapter requiring a killer to forfeit any property, interest or benefit and the property, interest or benefit accrues or devolves to the killer because of the preemption, the killer is required to transfer the property, interest or benefit to the beneficiary who, in the absence of the preemption, would have been entitled to it pursuant to the provisions of this chapter, or the killer is liable to such beneficiary for the value of the property, interest or benefit.
Sec. 29. NRS 41.085 is hereby amended to read as follows:
41.085 1. As used in this section, heir means a person who, under the laws of this state, would be entitled to succeed to the separate property of the decedent if he had died intestate.
κ1999 Statutes of Nevada, Page 1355 (CHAPTER 323, AB 159)κ
decedent if he had died intestate. The term does not include a person who is deemed to be a killer of the decedent pursuant to sections 2 to 28, inclusive, of this act, and such a person shall be deemed to have predeceased the decedent as set forth in section 25 of this act.
2. When the death of any person, whether or not a minor, is caused by the wrongful act or neglect of another, the heirs of the decedent and the personal representatives of the decedent may each maintain an action for damages against the person who caused the death, or if the wrongdoer is dead, against his personal representatives, whether the wrongdoer died before or after the death of the person he injured. If any other person is responsible for the wrongful act or neglect, or if the wrongdoer is employed by another person who is responsible for his conduct, the action may be maintained against that other person, or if he is dead against his personal representatives.
3. An action brought by the heirs of a decedent pursuant to subsection 2 and the cause of action of that decedent brought or maintained by his personal representatives which arose out of the same wrongful act or neglect may be joined.
4. The heirs may prove their respective damages in the action brought pursuant to subsection 2 , and the court or jury may award each person pecuniary damages for his grief or sorrow, loss of probable support, companionship, society, comfort and consortium, and damages for pain, suffering or disfigurement of the decedent. The proceeds of any judgment for damages awarded under this subsection are not liable for any debt of the decedent.
5. The damages recoverable by the personal representatives of a decedent on behalf of his estate include:
(a) Any special damages, such as medical expenses, which the decedent incurred or sustained before his death, and funeral expenses; and
(b) Any penalties, including, but not limited to, exemplary or punitive damages, that the decedent would have recovered if he had lived,
but do not include damages for pain, suffering or disfigurement of the decedent. The proceeds of any judgment for damages awarded under this subsection are liable for the debts of the decedent unless exempted by law.
Sec. 30. NRS 62.216 is hereby amended to read as follows:
62.216 1. A child adjudicated pursuant to this chapter is not a criminal and any adjudication is not a conviction, and a child may be charged with a crime or convicted in any other court only as provided in NRS 62.080 and 62.081.
2. [An] Except as otherwise provided by specific statute, an adjudication pursuant to this chapter upon the status of a child does not impose any of the civil disabilities ordinarily resulting from conviction, and the disposition of a child or any evidence given in court must not be used to disqualify the child in any future application for or appointment to the civil service.
Sec. 31. NRS 123.250 is hereby amended to read as follows:
123.250 1. [Upon] Except as otherwise provided in subsection 2, upon the death of either husband or wife:
(a) An undivided one-half interest in the community property is the property of the surviving spouse and his or her sole separate property.
κ1999 Statutes of Nevada, Page 1356 (CHAPTER 323, AB 159)κ
(b) The remaining interest [is] :
(1) Is subject to the testamentary disposition of the decedent [,] or, in the absence [thereof goes, except as otherwise provided in NRS 134.007,] of such a testamentary disposition, goes to the surviving spouse [, and is] ; and
(2) Is the only portion subject to administration under the provisions of Title 12 of NRS.
2. The provisions of this section [apply] :
(a) Do not apply to the extent that they are inconsistent with the provisions of sections 2 to 28, inclusive, of this act.
(b) Do not apply to community property with right of survivorship.
(c) Apply to all other community property, whether the community property was acquired before, on or after July 1, 1975.
3. As used in this section, community property with right of survivorship means community property in which a right of survivorship exists pursuant to NRS 111.064 or 115.060 or any other provision of law.
Sec. 32. NRS 134.005 is hereby amended to read as follows:
134.005 [1. With the exception of NRS 134.007 and 134.010, the provisions of this chapter, as to the inheritance of the husband and wife from each other, apply only to the separate property of the intestate.
2. With the exception of NRS 134.007, the] The provisions of this chapter [are inapplicable] do not apply to the extent that they are inconsistent with the provisions of a premarital agreement [between the deceased and his] which was executed by the decedent and the surviving spouse of the decedent and which is enforceable pursuant to chapter 123A of NRS.
Sec. 33. NRS 134.010 is hereby amended to read as follows:
134.010 [Upon the death of either the husband or the wife] If a decedent leaves a surviving spouse:
1. Community property with right of survivorship vests in accordance with the right of survivorship;
2. All other community property [shall vest] vests as provided in NRS 123.250 [.] ; and
3. The provisions of this chapter apply only to the separate property of the decedent.
Sec. 34. NRS 134.030 is hereby amended to read as follows:
134.030 [Except as provided in NRS 134.007, when any person having] If a decedent dies intestate and has title to any estate which is [his or her] the separate property [,] of the decedent and which is not otherwise limited by contract, [dies intestate as to such estate, it] the estate descends and must be distributed, subject to the payment of [his debts,] the debts of the decedent, in the manner provided in NRS 134.040 to 134.120, inclusive.
Sec. 35. NRS 111.067, 134.007 and 688A.420 are hereby repealed.
Sec. 36. The amendatory provisions of this act do not apply to a decedent who died before the effective date of this act.
Sec. 37. This act becomes effective upon passage and approval.
________
κ1999 Statutes of Nevada, Page 1357κ
Assembly Bill No. 219Assemblymen Cegavske, Hettrick, Perkins and Dini
Joint Sponsors: Senators Raggio, Rawson, Porter, Titus, James, Amodei, Care, ODonnell and Washington
CHAPTER 324
AN ACT relating to public schools; requiring school districts to spend a minimum amount of money each year on certain items for public schools; revising provisions regarding budgets of school districts; and providing other matters properly relating thereto.
[Approved May 28, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 387 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. 1. Except as otherwise provided in this section, in each school year a school district shall spend for textbooks, library books and supplies and materials relating to instruction, including, without limitation, software for computers, an amount of money, expressed as an amount per pupil, that is at least equal to the average of the total amount of money that was expended per year by the school district for those items in the immediately preceding 3 years.
2. Except as otherwise provided in this section, in each school year a school district shall spend for the purchase of equipment relating to instruction, including, without limitation, equipment for telecommunications and for the purchase of equipment relating to the transportation of pupils, an amount of money, expressed as an amount per pupil, that is at least equal to the average of the total amount of money that was expended per year by the school district for those items in the immediately preceding 3 years.
3. Except as otherwise provided in this section, in each school year a school district shall spend for the maintenance and repair of equipment, vehicles, and buildings and facilities an amount of money, expressed as an amount per pupil, that is at least equal to the average of the total amount of money that was expended per year by the school district for those items in the immediately preceding 3 years, excluding any amount of money derived from the proceeds of bonds.
4. A school district may satisfy the expenditures required by subsections 1, 2 and 3 if the school district spends an aggregate amount of money for all the items identified in those subsections that is at least equal to the average of the total amount of money expended by the school district per year for all those items in the immediately preceding 3 years.
5. A school district is not required to satisfy the expenditures required by this section for a school year in which:
κ1999 Statutes of Nevada, Page 1358 (CHAPTER 324, AB 219)κ
(a) The total number of pupils who are enrolled in public schools within the school district has declined from the immediately preceding school year; or
(b) The total revenue available in the general fund of the school district has declined from the immediately preceding school year.
Sec. 3. If the ending balance of the general fund of a school district has declined for 3 consecutive years, the school district shall submit to the committee on local government finance created pursuant to NRS 266.0165 a written explanation of the cause of the decline.
Sec. 4. (Deleted by amendment.)
Sec. 5. NRS 387.205 is hereby amended to read as follows:
387.205 1. [Money] Subject to the limitations set forth in section 2 of this act, money on deposit in the county school district fund or in a separate account, if the board of trustees of a school district has elected to establish such an account pursuant to the provisions of NRS 354.603, must be used for:
(a) Maintenance and operation of the public schools controlled by the county school district.
(b) Payment of premiums for Nevada industrial insurance.
(c) Rent of schoolhouses.
(d) Construction, furnishing or rental of teacherages, when approved by the superintendent of public instruction.
(e) Transportation of pupils, including the purchase of new buses.
(f) Programs of nutrition, if such expenditures do not curtail the established school program or make it necessary to shorten the school term, and each pupil furnished lunch whose parent or guardian is financially able so to do pays at least the actual cost of the lunch.
(g) Membership fees, dues and contributions to an interscholastic activities association.
(h) Repayment of a loan made from the state permanent school fund pursuant to NRS 387.526.
2. [Money] Subject to the limitations set forth in section 2 of this act, money on deposit in the county school district fund, or in a separate account, if the board of trustees of a school district has elected to establish such an account pursuant to the provisions of NRS 354.603, when available, may be used for:
(a) Purchase of sites for school facilities.
(b) Purchase of buildings for school use.
(c) Repair and construction of buildings for school use.
Sec. 6. NRS 354.598 is hereby amended to read as follows:
354.598 1. At the time and place advertised for public hearing, or at any time and place to which the public hearing is from time to time adjourned, the governing body shall hold a public hearing on the tentative budget, at which time interested persons must be given an opportunity to be heard.
2. At the public hearing, the governing body shall indicate changes, if any, to be made in the tentative budget, and shall adopt a final budget by the favorable votes of a majority of all members of the governing body. Except as otherwise provided in this subsection, the final budget must be adopted on or before June 1 of each year.
κ1999 Statutes of Nevada, Page 1359 (CHAPTER 324, AB 219)κ
or before June 1 of each year. The final budgets of school districts must be adopted on or before June 8 of each year and must be accompanied by copies of the written report and written procedure prepared pursuant to subsection 3 of NRS 385.351. Should the governing body fail to adopt a final budget that complies with the requirements of law and the regulations of the department of taxation on or before the required date, the budget adopted and approved by the department of taxation for the current year, adjusted as to content and rate in such a manner as the department of taxation may consider necessary, automatically becomes the budget for the ensuing fiscal year. When a budget has been so adopted by default, the governing body may not reconsider the budget without the express approval of the department of taxation. If the default budget creates a combined ad valorem tax rate in excess of the limit imposed by NRS 361.453, the Nevada tax commission shall adjust the budget as provided in NRS 361.4547 or 361.455.
3. The final budget must be certified by a majority of all members of the governing body and a copy of it, together with an affidavit of proof of publication of the notice of the public hearing, must be transmitted to the Nevada tax commission. If a tentative budget is adopted by default as provided in subsection 2, the clerk of the governing body shall certify the budget and transmit to the Nevada tax commission a copy of the budget, together with an affidavit of proof of the notice of the public hearing, if that notice was published. Certified copies of the final budget must be distributed as determined by the department of taxation.
4. Upon the adoption of the final budget or the amendment of the budget in accordance with NRS 354.606, the several amounts stated in it as proposed expenditures are appropriated for the purposes indicated in the budget.
5. No governing body may adopt any budget which appropriates for any fund any amount in excess of the budget resources of that fund.
6. On or before January 1 of each school year, each school district shall adopt an amendment to its final budget after the count of pupils is completed pursuant to subsection 1 of NRS 387.1233. The amendment must reflect any adjustments necessary as a result of the completed count of pupils.
Sec. 7. This act becomes effective on July 1, 1999.
________
κ1999 Statutes of Nevada, Page 1360κ
Assembly Bill No. 282Assemblymen Lee, Gibbons, Segerblom, Mortenson, Neighbors, Thomas, Koivisto, McClain, Goldwater, Perkins, Cegavske and Collins
CHAPTER 325
AN ACT relating to crimes; revising the provisions governing the unlawful exhibition or distribution of material that is harmful to minors; and providing other matters properly relating thereto.
[Approved May 28, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 201.261 is hereby amended to read as follows:
201.261 Nudity means [the] :
1. The showing of the human female breast with less than a fully opaque covering of any portion of the areola and nipple;
2. The showing of the human male or female genitals or pubic area with less than a fully opaque covering of any portion thereof; or [the]
3. The depiction of [covered] the human male genitals in a discernible turgid state [.] , whether or not covered.
Sec. 2. The amendatory provisions of this act do not apply to offenses that were committed before the effective date of this act.
Sec. 3. This act becomes effective upon passage and approval.
________
Assembly Bill No. 295Assemblywoman Von Tobel
CHAPTER 326
AN ACT relating to water districts; extending an exception from the advertising of public contracts to certain additional water districts; excluding a certain part of the original territory of the Virgin Valley water district; and providing other matters properly relating thereto.
[Approved May 28, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 338.143 is hereby amended to read as follows:
338.143 1. Except as otherwise provided in subsection 6 and NRS 338.1906 and 338.1907, an agency or political subdivision of the state, or a public officer, public employee or other person responsible for awarding a contract for the construction, alteration or repair of a public work, shall not:
(a) Commence such a project, for which the estimated cost exceeds $100,000, unless it advertises in a newspaper of general circulation in the state for bids for the project; or
(b) Divide such a project into separate portions to avoid the requirements of paragraph (a).
2. Except as otherwise provided in subsection 6, a public body that maintains a list of properly licensed contractors who are interested in receiving offers to bid on public works projects for which the estimated cost is more than $25,000 but less than $100,000 shall solicit bids from not more than three of the contractors on the list for a contract of that value for the construction, alteration or repair of a public work.
κ1999 Statutes of Nevada, Page 1361 (CHAPTER 326, AB 295)κ
receiving offers to bid on public works projects for which the estimated cost is more than $25,000 but less than $100,000 shall solicit bids from not more than three of the contractors on the list for a contract of that value for the construction, alteration or repair of a public work. The public body shall select contractors from the list in such a manner as to afford each contractor an equal opportunity to bid on a public works project. A properly licensed contractor must submit a written request annually to the public body to remain on the list. Offers for bids which are made pursuant to this subsection must be sent by certified mail.
3. Approved plans and specifications for the bids must be on file at a place and time stated in the advertisement for the inspection of all persons desiring to bid thereon and for other interested persons. Contracts for the project must be awarded on the basis of bids received.
4. Any or all bids received in response to an advertisement for bids may be rejected if the person responsible for awarding the contract determines that:
(a) The bidder is not responsive or responsible;
(b) The quality of the services, materials, equipment or labor offered does not conform to the approved plan or specifications; or
(c) The public interest would be served by such a rejection.
5. Before an agency or political subdivision of the state may commence a project subject to the provisions of this section, based upon a determination that the public interest would be served by rejecting any bids received in response to an advertisement for bids, it shall prepare and make available for public inspection a written statement containing:
(a) A list of all persons, including supervisors, who the agency or political subdivision intends to assign to the project, together with their classifications and an estimate of the direct and indirect costs of their labor;
(b) A list of all equipment that the agency or political subdivision intends to use on the project, together with an estimate of the number of hours each item of equipment will be used and the hourly cost to use each item of equipment;
(c) An estimate of the cost of administrative support for the persons assigned to the project;
(d) An estimate of the total cost of the project; and
(e) An estimate of the amount of money the agency or political subdivision expects to save by rejecting the bids and performing the project itself.
6. This section does not apply to:
(a) Any utility subject to the provisions of chapter 318 or 710 of NRS;
(b) Any work of construction, reconstruction, improvement and maintenance of highways subject to NRS 408.323 or 408.327;
(c) Normal maintenance of the property of a school district; or
(d) The Las Vegas Valley water district created pursuant to chapter 167, Statutes of Nevada 1947 [.] , the Moapa Valley water district created pursuant to chapter 477, Statutes of Nevada 1983 or the Virgin Valley water district created pursuant to chapter 100, Statutes of Nevada 1993.
κ1999 Statutes of Nevada, Page 1362 (CHAPTER 326, AB 295)κ
Sec. 2. NRS 338.143 is hereby amended to read as follows:
338.143 1. Except as otherwise provided in subsection 6, an agency or political subdivision of the state, or a public officer, public employee or other person responsible for awarding a contract for the construction, alteration or repair of a public work, shall not:
(a) Commence such a project, for which the estimated cost exceeds $100,000, unless it advertises in a newspaper of general circulation in the state for bids for the project; or
(b) Divide such a project into separate portions to avoid the requirements of paragraph (a).
2. Except as otherwise provided in subsection 6, a public body that maintains a list of properly licensed contractors who are interested in receiving offers to bid on public works projects for which the estimated cost is more than $25,000 but less than $100,000 shall solicit bids from not more than three of the contractors on the list for a contract of that value for the construction, alteration or repair of a public work. The public body shall select contractors from the list in such a manner as to afford each contractor an equal opportunity to bid on a public works project. A properly licensed contractor must submit a written request annually to the public body to remain on the list. Offers for bids which are made pursuant to this subsection must be sent by certified mail.
3. Approved plans and specifications for the bids must be on file at a place and time stated in the advertisement for the inspection of all persons desiring to bid thereon and for other interested persons. Contracts for the project must be awarded on the basis of bids received.
4. Any or all bids received in response to an advertisement for bids may be rejected if the person responsible for awarding the contract determines that:
(a) The bidder is not responsive or responsible;
(b) The quality of the services, materials, equipment or labor offered does not conform to the approved plan or specifications; or
(c) The public interest would be served by such a rejection.
5. Before an agency or political subdivision of the state may commence a project subject to the provisions of this section, based upon a determination that the public interest would be served by rejecting any bids received in response to an advertisement for bids, it shall prepare and make available for public inspection a written statement containing:
(a) A list of all persons, including supervisors, who the agency or political subdivision intends to assign to the project, together with their classifications and an estimate of the direct and indirect costs of their labor;
(b) A list of all equipment that the agency or political subdivision intends to use on the project, together with an estimate of the number of hours each item of equipment will be used and the hourly cost to use each item of equipment;
(c) An estimate of the cost of administrative support for the persons assigned to the project;
(d) An estimate of the total cost of the project; and
κ1999 Statutes of Nevada, Page 1363 (CHAPTER 326, AB 295)κ
(e) An estimate of the amount of money the agency or political subdivision expects to save by rejecting the bids and performing the project itself.
6. This section does not apply to:
(a) Any utility subject to the provisions of chapter 318 or 710 of NRS;
(b) Any work of construction, reconstruction, improvement and maintenance of highways subject to NRS 408.323 or 408.327;
(c) Normal maintenance of the property of a school district; or
(d) The Las Vegas Valley water district created pursuant to chapter 167, Statutes of Nevada 1947 [.] , the Moapa Valley water district created pursuant to chapter 477, Statutes of Nevada 1983 or the Virgin Valley water district created pursuant to chapter 100, Statutes of Nevada 1993.
Sec. 3. Section 1 of chapter 100, Statutes of Nevada 1993, as amended by chapter 266, Statutes of Nevada 1995, at page 440, is hereby amended to read as follows:
Section 1. There is hereby created a political subdivision of this state to be known as the Virgin Valley Water District. The jurisdiction and service area of the district are all that real property located in Clark County, Nevada, described as follows:
[Beginning at the northeast corner of section 10, Township 13 South, Range 71 East, Mount Diablo Meridian and running south approximately 15 miles along the section lines to the southeast corner of section 22, Township 15 South, Range 71 East, Mount Diablo Meridian; thence westerly along the section lines approximately 15 miles to the southwest corner of section 20, Township 15 South, Range 69 East; thence northerly along the section lines approximately 2 miles to the northwest corner of section 17, Township 15 South, Range 69 East; thence easterly along the north line of that section 17, a distance of 1 mile more or less to the southwesterly corner of section 9, Township 15 South, Range 69 East; thence northerly along the westerly section lines of sections 9 and 4 to the northwesterly corner of section 4, Township 15 South, Range 69 East; thence westerly along the south lines of Township 14 South approximately 14 miles to the southwesterly corner of section 31, Township 14 South, Range 67 East, that point also being on the west range line of Range 67 East; thence northerly along that range line a distance of 12 miles more or less to the northerly line of Clark County; thence easterly along the north line of Clark County 28 miles more or less to a point in the north-south boundary line between the States of Nevada and Arizona; thence southerly along the Nevada-Arizona state line to the northeast corner of section 10, Township 13 South, Range 71 East, Mount Diablo Meridian,] Beginning at the northeast corner of section 3, Township 13 South, Range 71 East, Mount Diablo Meridian (MDM), which is also the intersection of the common boundary line of Clark and Lincoln counties and the Nevada and Arizona state line; thence south along the Nevada and Arizona state line to the southeast corner of section 22, Township 15 South, Range 71 East, MDM, a distance of approximately 16 miles; thence westerly to the southwest corner of section 20, Township 15 South, Range 69 East, MDM, a distance of approximately 14 1/2 miles; thence northerly to the northwest corner of section 17, Township 15 South, Range 69 East, MDM, a distance of approximately 2 miles; thence easterly to the northeast corner of section 17, Township 15 South, Range 69 East, MDM, a distance of approximately 1 mile; thence northerly to the northwest corner of section 4, Township 15 South, Range 69 East, MDM, a distance of approximately 2 miles; thence westerly to the southwest corner of section 31, Township 14 South, Range 68 East, MDM, a distance of approximately 8 miles; thence northerly to the northwest corner of section 19, Township 14 South, Range 68 East, MDM, a distance of approximately 3 miles; thence easterly to the northeast corner of section 19, Township 14 South, Range 68 East, MDM, a distance of approximately 1 mile; thence northerly to the southeast corner of section 6, Township 14 South, Range 68 East, MDM, a distance of approximately 2 miles; thence westerly to the southwest corner of section 6, Township 14 South, Range 68 East, MDM, a distance of approximately 1 mile; thence northerly to the northwest corner of section 6, Township 13 South, Range 68 East, MDM, a distance of approximately 7 miles, a point located on the common boundary of Clark and Lincoln counties; thence easterly along said common county line to the northeast corner of section 3, Township 13 South, Range 71 East, MDM, a distance of approximately 21 1/2 miles, the intersection of the common boundary line of Clark and Lincoln counties and the Nevada and Arizona state line, that point being the true point of beginning.
κ1999 Statutes of Nevada, Page 1364 (CHAPTER 326, AB 295)κ
Range 69 East, MDM, a distance of approximately 14 1/2 miles; thence northerly to the northwest corner of section 17, Township 15 South, Range 69 East, MDM, a distance of approximately 2 miles; thence easterly to the northeast corner of section 17, Township 15 South, Range 69 East, MDM, a distance of approximately 1 mile; thence northerly to the northwest corner of section 4, Township 15 South, Range 69 East, MDM, a distance of approximately 2 miles; thence westerly to the southwest corner of section 31, Township 14 South, Range 68 East, MDM, a distance of approximately 8 miles; thence northerly to the northwest corner of section 19, Township 14 South, Range 68 East, MDM, a distance of approximately 3 miles; thence easterly to the northeast corner of section 19, Township 14 South, Range 68 East, MDM, a distance of approximately 1 mile; thence northerly to the southeast corner of section 6, Township 14 South, Range 68 East, MDM, a distance of approximately 2 miles; thence westerly to the southwest corner of section 6, Township 14 South, Range 68 East, MDM, a distance of approximately 1 mile; thence northerly to the northwest corner of section 6, Township 13 South, Range 68 East, MDM, a distance of approximately 7 miles, a point located on the common boundary of Clark and Lincoln counties; thence easterly along said common county line to the northeast corner of section 3, Township 13 South, Range 71 East, MDM, a distance of approximately 21 1/2 miles, the intersection of the common boundary line of Clark and Lincoln counties and the Nevada and Arizona state line, that point being the true point of beginning.
Sec. 4. 1. This section and sections 1 and 3 of this act become effective on October 1, 1999.
2. Section 2 of this act becomes effective at 12:01 a.m. on May 1, 2013.
3. Section 1 of this act expires by limitation on May 1, 2013.
________
κ1999 Statutes of Nevada, Page 1365κ
Assembly Bill No. 309Committee on Government Affairs
CHAPTER 327
AN ACT relating to the charter of the City of Reno; providing that the boundaries of wards must be determined on the basis of population; revising provisions prohibiting certain officers from holding certain other offices or employment; revising the qualifications for certain offices; revising certain provisions governing the adoption of ordinances; providing that a misdemeanor offense under state law is deemed also to be a misdemeanor offense against the city if the offense is committed within the city; repealing certain provisions; and providing other matters properly relating thereto.
[Approved May 28, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 1.050 of the charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 9, Statutes of Nevada 1993, at page 20, is hereby amended to read as follows:
Sec. 1.050 Wards: Creation; boundaries.
1. The city must be divided into five wards, which must be as nearly equal in [registered voters] population as can be conveniently provided. The territory comprising each ward must be contiguous, except that if any territory of the city which is not contiguous to the remainder of the city does not contain sufficient population to constitute a separate ward, it may be placed in any ward of the city.
2. The boundaries of the wards must be established and changed by ordinance, passed by a vote of at least five-sevenths of the city council. The boundaries of the wards [must] :
(a) Must be changed [on the second Monday in January preceding any regular election if, at the close of registration before each general state election held in even-numbered years, the number of registered voters] whenever the population, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, in any ward exceeds the [number of registered voters] population in any other ward by more than 5 percent.
[3. Ordinances establishing or changing the boundaries of wards must not be passed or amended until the registrar of voters of Washoe County, if his office is created, or the county clerk of Washoe County, if the registrars office is not created, certifies that the number of registered voters in each proposed ward will not exceed the number of registered voters in any other ward by more than 5 percent.]
(b) May be changed to include territory that has been annexed, or whenever the population in any ward exceeds the population in another ward by more than 5 percent by any measure that is found to be reliable by the city council.
κ1999 Statutes of Nevada, Page 1366 (CHAPTER 327, AB 309)κ
Sec. 2. Section 1.080 of the charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 561, Statutes of Nevada 1977, at page 1390, is hereby amended to read as follows:
Sec. 1.080 Mayor and councilmen not to hold other office [.] or employment.
1. The mayor and councilmen shall not:
(a) Hold any other elective office or employment with Washoe County or the city, except as provided by law or as a member of a board or commission for which no compensation is received.
(b) Be [elected or] appointed to any office or position created by or the compensation for which was increased or fixed by the city council until 1 year after the expiration of the term for which such person was elected.
2. Any person [holding any office proscribed by] who violates the provisions of subsection 1 shall automatically forfeit his office.
Sec. 3. Section 2.010 of the charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 462, Statutes of Nevada 1993, at page 1467, is hereby amended to read as follows:
Sec. 2.010 Mayor and city council: Qualifications; election; term of office; salary.
1. The legislative power of the city is vested in a city council consisting of six councilmen and a mayor.
2. The mayor and councilmen must be [:
(a) Bona fide residents of the wards they represent, or if representing the city at large, of the city, for at least 6 months immediately preceding their election, and each] qualified electors within the city. Each councilman elected from a ward must continue to live in that ward for as long as he represents the ward.
[(b) Qualified electors within the city.]
3. The mayor and one councilman represent the city at large and one councilman represents each ward. The mayor and councilmen serve for terms of 4 years.
4. The mayor and councilmen are entitled to receive a salary in an amount fixed by the city council.
Sec. 4. Section 2.100 of the charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 599, Statutes of Nevada 1993, at page 2500, is hereby amended to read as follows:
Sec. 2.100 Ordinances: Enactment procedure; emergency ordinances.
1. All proposed ordinances when first proposed must be referred to a committee for consideration, after which an adequate number of copies of the proposed ordinance must be filed with the city clerk for public distribution. Except as otherwise provided in subsection 3, notice of the filing must be published once in a newspaper qualified pursuant to the provisions of chapter 238 of NRS, [as amended from time to time,] and published in the city at least 10 days before the adoption of the ordinance.
κ1999 Statutes of Nevada, Page 1367 (CHAPTER 327, AB 309)κ
adoption of the ordinance. The city council shall adopt or reject the ordinance , or an amendment thereto, within [30] 45 days after the date of publication.
2. At the next regular meeting or adjourned meeting of the city council [following the proposal of an ordinance and its reference to committee,] held at least 10 days after the date of publication, the committee shall report the ordinance back to the city council. Thereafter, it must be read as first proposed or as amended, and thereupon the proposed ordinance must be finally voted upon or action thereon postponed.
3. In cases of emergency or where the ordinance is of a kind specified in section 7.030, by unanimous consent of the city council, final action may be taken immediately or at [a special] an emergency meeting called for that purpose, and no notice of the filing of the copies of the proposed ordinance with the city clerk need be published.
4. All ordinances must be signed by the mayor, attested by the city clerk and published by title, together with the names of the councilmen voting for or against passage, in a newspaper qualified pursuant to the provisions of chapter 238 of NRS, [as amended from time to time,] and published in the city for at least one publication, before the ordinance becomes effective. The city council may, by majority vote, order the publication of the ordinance in full in lieu of publication by title only.
5. The city clerk shall record all ordinances in a book kept for that purpose, together with the affidavits of publication by the publisher.
Sec. 5. Section 2.110 of the charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, at page 1967, is hereby amended to read as follows:
Sec. 2.110 Uniform codes: Procedure for adoption. [An ordinance adopting a] A uniform building, plumbing, electrical, health, traffic or fire code, or any other uniform code , [or codes,] printed in book or pamphlet form, [may adopt such code or codes,] or any portion thereof, with such changes as may be necessary to make [such code or codes] the code applicable to conditions in the city, and with such other changes as may be desirable, may be adopted in an ordinance by reference thereto. Copies of [such code or codes, either typewritten or printed,] the code, with such changes, if any, [shall] must be filed for use and examination by the public in the office of the clerk at least 1 week [prior to] before the passage of the ordinance adopting [such code or codes.] the code.
Sec. 6. Section 2.140 of the charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 565, Statutes of Nevada 1997, at page 2761, is hereby amended to read as follows:
Sec. 2.140 General powers of city council.
1. Except as otherwise provided in subsection 2 and section 2.150, the city council may:
κ1999 Statutes of Nevada, Page 1368 (CHAPTER 327, AB 309)κ
(a) Acquire, control, improve and dispose of any real or personal property for the use of the city, its residents and visitors.
(b) Regulate and impose a license tax for revenue upon all businesses, trades and professions.
(c) Provide or grant franchises for public transportation and utilities.
(d) Appropriate money for advertising and publicity and for the support of a municipal band.
(e) Enact and enforce any police, fire, traffic, health, sanitary or other measure which does not conflict with the general laws of the State of Nevada. An offense that is made a misdemeanor by the laws of the State of Nevada shall also be deemed to be a misdemeanor against the city whenever the offense is committed within the city.
(f) Fix the rate to be paid for any utility service provided by the city as a public enterprise. Any charges due for services, facilities or commodities furnished by any utility owned by the city is a lien upon the property to which the service is rendered and is perfected by filing with the county recorder a statement by the city clerk of the amount due and unpaid and describing the property subject to the lien. Any such lien is:
(1) Coequal with the latest lien upon the property to secure the payment of general taxes.
(2) Not subject to extinguishment by the sale of any property on account of the nonpayment of general taxes.
(3) Prior and superior to all liens, claims, encumbrances and titles other than the liens of assessments and general taxes.
2. The city council:
(a) Shall not sell telecommunications service to the general public.
(b) May purchase or construct facilities for providing telecommunications that intersect with public rights of way if the governing body:
(1) Conducts a study to evaluate the costs and benefits associated with purchasing or constructing the facilities; and
(2) Determines from the results of the study that the purchase or construction is in the interest of the general public.
3. Any information relating to the study conducted pursuant to subsection 2 must be maintained by the city clerk and made available for public inspection during the business hours of the office of the city clerk.
4. Notwithstanding the provisions of paragraph (a) of subsection 2, an airport may sell telecommunications service to the general public.
5. As used in this section:
(a) Telecommunications has the meaning ascribed to it in 47 U.S.C. § 153(43), as that section existed on July 16, 1997.
(b) Telecommunications service has the meaning ascribed to it in 47 U.S.C. § 153(46), as that section existed on July 16, 1997.
κ1999 Statutes of Nevada, Page 1369 (CHAPTER 327, AB 309)κ
Sec. 7. Section 3.060 of the charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 599, Statutes of Nevada 1993, at page 2501, is hereby amended to read as follows:
Sec. 3.060 City attorney: Qualifications; duties; salary.
1. The city attorney must be a duly licensed member of the State Bar of Nevada and a [resident of the city for at least 6 months before his election.] qualified elector within the city. Once elected, he shall hold office for a term of 4 years and until his successor is duly elected and qualified.
2. The city attorney is the legal officer of the city and shall:
(a) Perform such duties as may be designated by ordinance;
(b) Be present at all meetings of the city council;
(c) Be counsel for the civil service commission;
(d) Devote his full time to the duties of the office; and
(e) Not engage in the private practice of law.
3. The city attorney is entitled to receive a salary as fixed by resolution of the city council.
4. The city attorney may appoint and remove such assistants as he may require in the discharge of the duties of his office. Such assistants must not be civil service employees. The council may appropriate such an amount of money as it may deem proper to compensate [any] such assistants. Such assistants who are attorneys and are employed for more than 20 hours per week by the city attorney shall not engage in the private practice of law.
Sec. 8. Section 4.020 of the charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 599, Statutes of Nevada 1993, at page 2501, is hereby amended to read as follows:
Sec. 4.020 Municipal court: Qualifications of municipal judge; salary.
1. A municipal judge must be:
(a) An attorney licensed to practice law in the State of Nevada.
(b) A [resident of] qualified elector within the city . [for at least 6 months.
2. The]
2. A municipal judge [or judges] shall not engage in the private practice of law.
3. The salary of a municipal judge must be:
(a) Fixed by resolution of the city council.
(b) Uniform for all judges in the municipal court.
Sec. 9. Section 2.050 of the charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, at page 1966, and section 4.050 of the charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, at page 1977, are hereby repealed.
Sec. 10. This act becomes effective upon passage and approval.
________
κ1999 Statutes of Nevada, Page 1370κ
Assembly Bill No. 329Committee on Transportation
CHAPTER 328
AN ACT relating to motor vehicles; expanding the circumstances under which special license plates may be used on motor vehicles loaned by dealers and rebuilders of vehicles; and providing other matters properly relating thereto.
[Approved May 28, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 482.330 is hereby amended to read as follows:
482.330 1. Upon issuance of a dealers, distributors, manufacturers or rebuilders license certificate pursuant to NRS 482.322, the department shall furnish to the manufacturer, distributor, dealer or rebuilder one or more registration certificates and special plates for use on the vehicles [which come within] described in the provisions of NRS 482.320. Each plate must have displayed upon it the identification number which is assigned to the dealer, distributor, manufacturer or rebuilder, and may at the discretion of the department have a different letter or symbol on each plate or pair of plates. The manufacturers, distributors, dealers or rebuilders license plates may be used interchangeably on that vehicle.
2. The department shall issue to each dealer a reasonable number of registration certificates and license plates.
3. The department [may] shall provide by regulation for the issuance of special license plates to dealers or rebuilders [of special license plates] and for the number of those plates for use on vehicles loaned by those dealers or rebuilders to [customers] :
(a) Customers in the course of business.
(b) The State of Nevada.
(c) The University and Community College System of Nevada.
(d) A school district.
(e) A county, city or town.
(f) An organization that is exempt from taxation pursuant to the provisions of section 501(c)(3) of the Internal Revenue Code.
The regulations [, if adopted, must provide] must prescribe what use may be made of the plates [.] and the persons who may operate a motor vehicle with those plates.
________
κ1999 Statutes of Nevada, Page 1371κ
Assembly Bill No. 334Assemblymen Hettrick, Humke, Collins, Perkins, Dini, Cegavske, Beers, Nolan, Leslie, Evans, Goldwater, Thomas, Carpenter, Segerblom, Gustavson, Chowning, de Braga, Mortenson, Claborn, McClain and Koivisto
Joint Sponsors: Senators Townsend, OConnell and Rhoads
CHAPTER 329
AN ACT relating to industrial insurance; providing for industrial insurance coverage for domestic workers; and providing other matters properly relating thereto.
[Approved May 28, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 616B of NRS is hereby amended by adding thereto a new section to read as follows:
1. The system or a private carrier may provide industrial insurance, as a part of a homeowners policy of insurance, to a person who employs a domestic worker for the term of that workers employment. Upon providing such coverage, the manager or private carrier may, with the approval of the commissioner, determine and fix the premium rates to be paid for the industrial insurance so provided.
2. A domestic worker for whom industrial insurance is provided pursuant to subsection 1:
(a) Shall be deemed to be an employee while performing work for his employer at a wage:
(1) Equal to his average monthly wage as determined pursuant to the regulations adopted by the administrator pursuant to NRS 616C.420 if he is employed more than 20 hours per week; or
(2) Of $150 per month if he is employed not more than 20 hours per week; and
(b) Is entitled to the benefits of chapters 616A to 616D, inclusive, of NRS.
3. The provisions of this section do not authorize the system to transact property or casualty insurance in this state.
4. As used in this section:
(a) Domestic worker is a person who is engaged exclusively in household or domestic service performed inside or outside of a persons residence. The term includes, without limitation, a cook, housekeeper, maid, companion, babysitter, chauffeur or gardener.
(b) Homeowners policy of insurance means a policy of property or casualty insurance that provides coverage for the loss of or damage to a home or against liability for the death or injury of a person or damage to property.
________
κ1999 Statutes of Nevada, Page 1372κ
Assembly Bill No. 339Assemblymen Evans, Chowning, de Braga, Claborn, Koivisto, McClain, Parnell, Anderson, Cegavske, Humke, Mortenson, Gustavson, Angle, Buckley, Leslie and Brower
Joint Sponsors: Senators Amodei, Mathews, Shaffer and Wiener
CHAPTER 330
AN ACT relating to domestic violence; allowing a person who is applying for a temporary order for protection against domestic violence to apply, at the same time, for an extended order for protection against domestic violence; requiring that a hearing concerning the issuance of an extended order for protection against domestic violence be held within 45 days after the application for the extended order is filed; authorizing the court to appoint a master to take testimony and recommend orders in cases concerning orders for protection against domestic violence; and providing other matters properly relating thereto.
[Approved May 28, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 33 of NRS is hereby amended by adding thereto a new section to read as follows:
1. In an action to issue, dissolve, convert, modify, register or enforce a temporary or extended order pursuant to NRS 33.017 to 33.100, inclusive, the court may appoint a master to take testimony and recommend orders.
2. The master must be an attorney licensed to practice in this state.
3. The master shall:
(a) Take testimony and establish a record; and
(b) Make findings of fact, conclusions of law and recommendations concerning a temporary or extended order.
Sec. 2. NRS 33.017 is hereby amended to read as follows:
33.017 As used in NRS 33.017 to 33.100, inclusive, and section 1 of this act, unless the context otherwise requires:
1. Extended order means an extended order for protection against domestic violence.
2. Temporary order means a temporary order for protection against domestic violence.
Sec. 3. NRS 33.020 is hereby amended to read as follows:
33.020 1. If it appears to the satisfaction of the court from specific facts shown by a verified application that an act of domestic violence has occurred or there exists a threat of domestic violence, the court may grant a temporary or extended order for protection against domestic violence. A temporary or extended order for protection against domestic violence must not be granted to the applicant or the adverse party unless he has requested the order and has filed a verified application that an act of domestic violence has occurred or there exists a threat of domestic violence.
2. The court may require the applicant or the adverse party, or both, to appear before it before determining whether to grant the temporary or extended order.
κ1999 Statutes of Nevada, Page 1373 (CHAPTER 330, AB 339)κ
3. A temporary order may be granted with or without notice to the adverse party. An extended order may only be granted after notice to the adverse party and a hearing on the application. A hearing on an application for an extended order must be held within 45 days after the date on which the application for the extended order is filed.
4. The court shall rule upon an application for a temporary order within 1 judicial day after it is filed.
5. If it appears to the satisfaction of the court from specific facts communicated by telephone to the court by an alleged victim that an act of domestic violence has occurred and the alleged perpetrator of the domestic violence has been arrested and is presently in custody pursuant to NRS 171.137, the court may grant a temporary order for protection against domestic violence. Before approving an order under such circumstances, the court shall confirm with the appropriate law enforcement agency that the applicant is an alleged victim and that the alleged perpetrator is in custody. Upon approval by the court, the signed order may be transmitted to the facility where the alleged perpetrator is in custody by electronic or telephonic transmission to a facsimile machine. If such an order is received by the facility holding the alleged perpetrator while he is still in custody, the order must be personally served by an authorized employee of the facility before the alleged perpetrator is released. The court shall mail a copy of each order issued pursuant to this subsection to the alleged victim named in the order and cause the original order to be filed with the court clerk on the first judicial day after it is issued.
6. In a county whose population is 400,000 or more, the court shall be available 24 hours a day, 7 days a week, including nonjudicial days and holidays, to receive communications by telephone and for the issuance of a temporary order for protection against domestic violence pursuant to subsection 5.
7. In a county whose population is less than 400,000, the court may be available 24 hours a day, 7 days a week, including nonjudicial days and holidays, to receive communications by telephone and for the issuance of a temporary order for protection against domestic violence pursuant to subsection 5.
8. The clerk of the court shall inform the protected party upon the successful transfer of information concerning the registration to the central repository for Nevada records of criminal history as required pursuant to NRS 33.095.
Sec. 4. NRS 33.080 is hereby amended to read as follows:
33.080 1. A temporary order expires within such time, not to exceed 30 days, as the court fixes. If an application for an extended order is filed within the period of a temporary order [,] or at the same time that an application for a temporary order is filed, the temporary order remains in effect until the hearing on the extended order is held.
2. On 2 days notice to the party who obtained the temporary order, the adverse party may appear and move its dissolution or modification, and in that event the court shall proceed to hear and determine such motion as expeditiously as the ends of justice require.
κ1999 Statutes of Nevada, Page 1374 (CHAPTER 330, AB 339)κ
3. An extended order expires within such time, not to exceed 1 year, as the court fixes. A temporary order may be converted by the court, upon notice to the adverse party and a hearing, into an extended order effective for [no] not more than 1 year.
________
Assembly Bill No. 350Committee on Government Affairs
CHAPTER 331
AN ACT relating to the state seal; designating official colors for reproductions and facsimiles of the state seal; and providing other matters properly relating thereto.
[Approved May 28, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 235.010 is hereby amended to read as follows:
235.010 1. There must be a seal of the State of Nevada called The Great Seal of the State of Nevada, the design of which is as follows: In the foreground, there must be two large mountains, at the base of which, on the right, there must be located a quartz mill, and on the left a tunnel, penetrating the silver leads of the mountain, with a miner running out a carload of ore, and a team loaded with ore for the mill. Immediately in the foreground, there must be emblems indicative of the agricultural resources of the state, as follows: A plow, a sheaf and sickle. In the middle ground, there must be a railroad train passing a mountain gorge and a telegraph line extending along the line of the railroad. In the extreme background, there must be a range of snow-clad mountains, with the rising sun in the east. Thirty-six stars and the motto of our state, All for Our Country, must encircle the whole group. In an outer circle, the words The Great Seal of the State of Nevada must be engraved with Nevada at the base of the seal and separated from the other words by two groups of three stars each.
2. The size of the seal must not be more than 2 3/4 inches in diameter.
3. The seal must be kept by the governor and used by him officially. The secretary of state must have access to the seal at all times, and may use it in verification of all his official acts.
4. A reproduction or facsimile of the seal may only be used:
(a) With the written permission of the governor;
(b) In the performance of official acts by an agency of one of the branches of state government;
(c) On items distributed by an agency of one of the branches of state government which are not necessary to carry out the duties of that agency, if the use of the reproduction or facsimile is approved by the head of that agency;
(d) On medallions or bars minted pursuant to the direction of the director; or
(e) As otherwise permitted by a specific statute.
κ1999 Statutes of Nevada, Page 1375 (CHAPTER 331, AB 350)κ
5. Except as otherwise provided in subsection 6, a colored reproduction or facsimile of the state seal may only be used if it is in substantially the following colors:
6. A person or entity that is granted permission to use the state seal pursuant to:
(a) Paragraph (a) of subsection 4 may use a reproduction or facsimile of the state seal that does not consist of the official colors provided in subsection 5 if the governor has authorized such use in the written permission.
(b) Paragraph (b), (c), (d) or (e) of subsection 4 may use a one-color, two-color or metallic reproduction or facsimile of the state seal in addition to or in lieu of the official colors provided in subsection 5.
7. Except as otherwise provided in NRS 205.175, a person who uses or allows to be used, any reproduction or facsimile of The Great Seal of the State of Nevada in violation of subsection 4 is guilty of a misdemeanor.
________
κ1999 Statutes of Nevada, Page 1376κ
Assembly Bill No. 358Committee on Natural Resources, Agriculture, and Mining
CHAPTER 332
AN ACT relating to state land use planning; revising provisions governing the procedures to be followed if the Federal Government files a realty action concerning the purchase of private land in Nevada or the exchange of public land for private land in Nevada; and providing other matters properly relating thereto.
[Approved May 28, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 321 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Upon receipt of a notice of realty action from the United States concerning the purchase by the Federal Government of private land or the exchange of public land for private land, the state land use planning agency shall give written notice of the proposed action to the governing body of each county or city affected within 1 week after its receipt of the notice.
2. The governing body of each affected county or city may, in addition to submission of comments directly to the Federal Government, deliver its written comments on the proposed realty action, including an estimation of any related reduction in the total assessed valuation of the real property within the jurisdiction of the local government and recommendations for mitigation of the loss of assessed valuation, to the state land use planning agency within 30 days after receipt of the notice.
3. If the state land use planning agency elects to submit written comment to the Federal Government upon the realty action, it shall include in its submission any comments it received pursuant to subsection 2.
Sec. 2. NRS 321.655 is hereby amended to read as follows:
321.655 As used in NRS 321.640 to 321.770, inclusive [:] , and section 1 of this act:
1. Administrator means the executive head of the division.
2. Area of critical environmental concern means any area in this state where there is or could develop irreversible degradation of more than local significance but does not include an area of depleting water supply which is caused by the beneficial use or storage of water in other areas pursuant to legally owned and fully appropriated water rights.
3. Planning agency means:
(a) The planning commission for the city in which the land is entirely located; or
(b) A county or regional planning commission, if there is one, or the board of county commissioners or Nevada Tahoe regional planning agency, within whose jurisdiction the land is located.
4. Public lands means all lands within the exterior boundaries of the State of Nevada except lands:
κ1999 Statutes of Nevada, Page 1377 (CHAPTER 332, AB 358)κ
(a) To which title is held by any private person or entity;
(b) To which title is held by the State of Nevada, any of its local governments or the University and Community College System of Nevada;
(c) Which are located within congressionally authorized national parks, monuments, national forests or wildlife refuges, or which are lands acquired by purchase consented to by the legislature;
(d) Which are controlled by the United States Department of Defense, Department of Energy or Bureau of Reclamation; or
(e) Which are held in trust for Indian purposes or are Indian reservations.
Sec. 3. This act becomes effective upon passage and approval.
________
Assembly Bill No. 363Assemblymen Leslie, Anderson, Brower, Parnell, Gibbons, Giunchigliani, Perkins, Dini, Bache, Koivisto, McClain, Claborn, de Braga, Hettrick, Lee, Nolan, Arberry, Thomas, Parks, Neighbors, Goldwater, Beers, Chowning, Price, Freeman, Ohrenschall, Evans, Collins, Manendo, Mortenson, Humke, Carpenter, Cegavske, Williams, Gustavson, Segerblom, Berman, Buckley, Von Tobel, Tiffany and Marvel
Joint Sponsors: Senators Townsend, Titus, Mathews and James
CHAPTER 333
AN ACT relating to crimes; increasing the penalties for the crime of aggravated stalking; requiring certain training for peace officers concerning the crimes of stalking and aggravated stalking; and providing other matters properly relating thereto.
[Approved May 28, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 200.575 is hereby amended to read as follows:
200.575 1. A person who, without lawful authority, willfully or maliciously engages in a course of conduct that would cause a reasonable person to feel terrorized, frightened, intimidated or harassed, and that actually causes the victim to feel terrorized, frightened, intimidated or harassed, commits the crime of stalking. Except where the provisions of subsection 2 are applicable, a person who commits the crime of stalking:
(a) For the first offense, is guilty of a misdemeanor.
(b) For any subsequent offense, is guilty of a gross misdemeanor.
2. A person who:
(a) Commits the crime of stalking and in conjunction therewith threatens the person with the intent to cause him to be placed in reasonable fear of death or substantial bodily harm;
(b) Commits the crime of stalking on his spouse while a proceeding for the dissolution of their marriage is pending for which he has actual or legal notice or within 6 months after entry of the final decree of dissolution; or
κ1999 Statutes of Nevada, Page 1378 (CHAPTER 333, AB 363)κ
(c) Commits the crime of stalking on a person with whom he has a child in common while a proceeding for the custody of that child is pending for which he has actual or legal notice,
commits the crime of aggravated stalking.
3. A person who commits the crime of aggravated stalking shall be punished:
(a) If he commits the crime set forth in paragraph
(a) of subsection 2, for a category B felony by imprisonment in the state
prison for a minimum term of not less than [1 year] 2 years and a maximum term of not more than [6] 15 years, and may be
further punished by a fine of not more than $5,000.
(b) If he commits the crime set forth in paragraph (b) or (c) of sub-section 2:
(1) For the first offense, for a gross misdemeanor.
(2) For the second and any subsequent offense,
for a category B felony by imprisonment in the state prison for a minimum term
of not less than [1 year] 2 years and a maximum term
of not more than [6] 15 years, and may be
further punished by a fine of not more than $5,000.
4. Except as otherwise provided in subsection 2 of NRS 200.571, a criminal penalty provided for in this section may be imposed in addition to any penalty that may be imposed for any other criminal offense arising from the same conduct or for any contempt of court arising from the same conduct.
5. The penalties provided in this section do not preclude the victim from seeking any other legal remedy available.
6. As used in this section:
(a) Course of conduct means a pattern of conduct which consists of a series of acts over time that evidences a continuity of purpose directed at a specific person.
(b) Without lawful authority includes acts which are initiated or continued without the victims consent. The term does not include acts which are otherwise protected or authorized by constitutional or statutory law, regulation or order of a court of competent jurisdiction, including, but not limited to:
(1) Picketing which occurs during a strike, work stoppage or any other labor dispute.
(2) The activities of a reporter, photographer, cameraman or other person while gathering information for communication to the public if that person is employed or engaged by or has contracted with a newspaper, periodical, press association or radio or television station and is acting solely within that professional capacity.
(3) The activities of a person that are carried out in the normal course of his lawful employment.
(4) Any activities carried out in the exercise of the constitutionally protected rights of freedom of speech and assembly.
Sec. 2. Chapter 481 of NRS is hereby amended by adding thereto a new section to read as follows:
As a condition of the certification of each peace officer, the peace officers standards and training committee shall require each peace officer to be trained in dealing with the crimes of stalking and aggravated stalking, including, without limitation:
κ1999 Statutes of Nevada, Page 1379 (CHAPTER 333, AB 363)κ
1. The manner in which a report from a person who claims to be a victim of stalking or aggravated stalking should be taken;
2. The proper method of carrying out an investigation of alleged stalking or aggravated stalking; and
3. The elements of the crimes of stalking and aggravated stalking.
Sec. 3. The amendatory provisions of section 1 of this act do not apply to offenses that were committed before the effective date of this act.
Sec. 4. This act becomes effective upon passage and approval.
________
Assembly Bill No. 392Committee on Judiciary
CHAPTER 334
AN ACT relating to courts; authorizing the parties to certain actions to use a settlement conference, short trial and other alternative methods of resolving disputes under certain circumstances; providing for the adoption of rules and procedures governing the use of alternative methods of resolving disputes; and providing other matters properly relating thereto.
[Approved May 28, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 38.250 is hereby amended to read as follows:
38.250 1. Except as otherwise provided in NRS 38.310:
[1.] (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 , must be submitted to nonbinding arbitration in accordance with the provisions of NRS 38.250 to 38.258, inclusive, and section 1 of Senate Bill No. 315 of this [act.] session, unless the parties have agreed 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.
[2.] (b) A civil action for damages filed in justices court may be submitted to arbitration or to an alternative method of resolving disputes, including, without limitation, a settlement conference, mediation or a binding short trial, if the parties agree [, orally or in writing,] 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
κ1999 Statutes of Nevada, Page 1380 (CHAPTER 334, AB 392)κ
(c) Entered into knowingly and voluntarily.
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, and a specified limit on the amount of time each party may use to present his case.
Sec. 2. NRS 38.258 is hereby amended to read as follows:
38.258 [In any civil action that is required to be submitted to arbitration pursuant to NRS 38.250, the]
1. The supreme court may [also] 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 [the] a district court is located [, if] :
(a) Before submitting an action to nonbinding arbitration pursuant to NRS 38.250;
(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 or following nonbinding arbitration if the [court determines that such participation] 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. 3. This act becomes effective at 12:01 a.m. on October 1, 1999.
________
κ1999 Statutes of Nevada, Page 1381κ
Assembly Bill No. 406Assemblymen Hettrick, Cegavske, Anderson, Bache, Tiffany, Koivisto, McClain, Angle, Gustavson, Claborn, Mortenson, Beers, Nolan, Brower, Leslie, Evans, Perkins, Humke, Berman, Collins, Thomas, Lee, de Braga, Neighbors, Parks, Von Tobel, Segerblom, Goldwater, Dini, Buckley, Giunchigliani, Arberry, Gibbons, Carpenter and Marvel
Joint Sponsor: Senator Jacobsen
CHAPTER 335
AN ACT relating to crime; making various changes concerning probationers who are supervised by departments of alternative sentencing; authorizing a court to take certain actions if such a probationer violates a condition of a suspended sentence; and providing other matters properly relating thereto.
[Approved May 28, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 211A of NRS is hereby amended by adding thereto a new section to read as follows:
1. If a probationer has violated a condition of his suspended sentence, the court may, upon its own motion or upon the report and recommendation of the chief or an assistant, do any or all of the following:
(a) Modify the conditions of the suspension of the sentence.
(b) Modify and extend the suspension of the sentence, in whole or in part, for a period of not more than 1 year after the date on which the court finds that the probationer has committed the violation, unless a longer period is authorized by specific statute.
(c) Revoke the suspension of the sentence, in whole or in part, and cause all or part of the sentence to be executed.
2. Before taking any action described in subsection 1, the court shall provide the probationer with notice of the proposed action and an opportunity to be heard.
Sec. 2. NRS 4.373 is hereby amended to read as follows:
4.373 1. Except as otherwise provided in subsection 2, [by] section 1 of this act or another specific statute , or unless the suspension of a sentence is expressly forbidden, a justice of the peace may suspend, for not more than 1 year, the sentence of a person convicted of a misdemeanor. When the circumstances warrant, the justice of the peace may order as a condition of suspension that the offender:
(a) Make restitution to the owner of any property that is lost, damaged or destroyed as a result of the commission of the offense;
(b) Engage in a program of work for the benefit of the community, for not more than 200 hours;
(c) Actively participate in a program of professional counseling at the expense of the offender;
(d) Abstain from the use of alcohol and controlled substances;
(e) Refrain from engaging in any criminal activity;
κ1999 Statutes of Nevada, Page 1382 (CHAPTER 335, AB 406)κ
(f) Engage or refrain from engaging in any other conduct deemed appropriate by the justice of the peace;
(g) Submit to a search and seizure by the chief of a department of alternative sentencing, an assistant alternative sentencing officer or any other law enforcement officer at any time of the day or night without a search warrant; and
(h) Submit to periodic tests to determine whether the offender is using a controlled substance or consuming alcohol.
2. If a person is convicted of a misdemeanor that constitutes domestic violence pursuant to NRS 33.018, the justice of the peace may, after the person has served any mandatory minimum period of confinement, suspend the remainder of the sentence of the person for not more than 3 years upon the condition that the person actively participate in:
(a) A program of treatment for the abuse of alcohol or drugs which is certified by the bureau of alcohol and drug abuse of the rehabilitation division of the department of employment, training and rehabilitation;
(b) A program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 228.470; or
(c) Both programs set forth in paragraphs (a) and (b),
and that he comply with any other condition of suspension ordered by the justice of the peace.
3. The justice of the peace may order reports from a person whose sentence is suspended at such times as he deems appropriate concerning the compliance of the offender with the conditions of suspension. If the offender complies with the conditions of suspension to the satisfaction of the justice of the peace, the sentence may be reduced to not less than the minimum period of confinement established for the offense.
4. The justice of the peace may issue a warrant for the arrest of an offender who violates or fails to fulfill a condition of suspension.
Sec. 3. NRS 5.055 is hereby amended to read as follows:
5.055 1. Except as otherwise provided in subsection 2, [by] section 1 of this act or another specific statute , or unless the suspension of a sentence is expressly forbidden, a municipal judge may suspend, for not more than 1 year, the sentence of a person convicted of a misdemeanor. When the circumstances warrant, the municipal judge may order as a condition of suspension that the offender:
(a) Make restitution to the owner of any property that is lost, damaged or destroyed as a result of the commission of the offense;
(b) Engage in a program of work for the benefit of the community, for not more than 200 hours;
(c) Actively participate in a program of professional counseling at the expense of the offender;
(d) Abstain from the use of alcohol and controlled substances;
(e) Refrain from engaging in any criminal activity;
(f) Engage or refrain from engaging in any other conduct deemed appropriate by the municipal judge;
κ1999 Statutes of Nevada, Page 1383 (CHAPTER 335, AB 406)κ
(g) Submit to a search and seizure by the chief of a department of alternative sentencing, an assistant alternative sentencing officer or any other law enforcement officer at any time of the day or night without a search warrant; and
(h) Submit to periodic tests to determine whether the offender is using any controlled substance or alcohol.
2. If a person is convicted of a misdemeanor that constitutes domestic violence pursuant to NRS 33.018, the municipal judge may, after the person has served any mandatory minimum period of confinement, suspend the remainder of the sentence of the person for not more than 3 years upon the condition that the person actively participate in:
(a) A program of treatment for the abuse of alcohol or drugs which is certified by the bureau of alcohol and drug abuse of the rehabilitation division of the department of employment, training and rehabilitation;
(b) A program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 228.470; or
(c) Both programs set forth in paragraphs (a) and (b),
and that he comply with any other condition of suspension ordered by the municipal judge.
3. The municipal judge may order reports from a person whose sentence is suspended at such times as he deems appropriate concerning the compliance of the offender with the conditions of suspension. If the offender complies with the conditions of suspension to the satisfaction of the municipal judge, the sentence may be reduced to not less than the minimum period of confinement established for the offense.
4. The municipal judge may issue a warrant for the arrest of an offender who violates or fails to fulfill a condition of suspension.
Sec. 4. The amendatory provisions of this act do not apply to offenses that were committed before October 1, 1999.
________
κ1999 Statutes of Nevada, Page 1384κ
Assembly Bill No. 457Assemblymen Parks, Leslie, Koivisto, Bache, Freeman, Tiffany, Cegavske, Hettrick, Manendo, Berman, Gustavson, Gibbons, Williams, Anderson, Goldwater, Segerblom, Giunchigliani, Ohrenschall, Von Tobel, de Braga, Nolan, Angle and Neighbors
Joint Sponsor: Senator Amodei
CHAPTER 336
AN ACT relating to traffic laws; prohibiting a person from committing certain acts that constitute aggressive driving; providing in certain circumstances for the suspension or revocation of the drivers license of a person who commits certain acts that constitute aggressive driving; providing penalties; and providing other matters properly relating thereto.
[Approved May 28, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 483.460 is hereby amended to read as follows:
483.460 1. Except as otherwise provided by specific statute, the department shall revoke the license, permit or privilege of any driver upon receiving a record of his conviction of any of the following offenses, when that conviction has become final, and the driver is not eligible for a license, permit or privilege to drive for the period indicated:
(a) For a period of 3 years if the offense is:
(1) A violation of subsection 2 of NRS 484.377.
(2) A third or subsequent violation within 7 years of NRS 484.379.
(3) A violation of NRS 484.3795 or homicide resulting from driving a vehicle while under the influence of intoxicating liquor or a controlled substance.
The period during which such a driver is not eligible for a license, permit or privilege to drive must be set aside during any period of imprisonment and the period of revocation must resume upon completion of the period of imprisonment or when the person is placed on residential confinement.
(b) For a period of 1 year if the offense is:
(1) Any other manslaughter resulting from the driving of a motor vehicle or felony in the commission of which a motor vehicle is used, including the unlawful taking of a motor vehicle.
(2) Failure to stop and render aid as required pursuant to the laws of this state in the event of a motor vehicle accident resulting in the death or bodily injury of another.
(3) Perjury or the making of a false affidavit or statement under oath to the department pursuant to NRS 483.010 to 483.630, inclusive, or pursuant to any other law relating to the ownership or driving of motor vehicles.
(4) Conviction, or forfeiture of bail not vacated, upon three charges of reckless driving committed within a period of 12 months.
(5) A second violation within 7 years of NRS 484.379 and, except as otherwise provided in subsection 2 of NRS 483.490, the driver is not eligible for a restricted license during any of that period.
κ1999 Statutes of Nevada, Page 1385 (CHAPTER 336, AB 457)κ
(6) A violation of NRS 484.348.
(c) For a period of 90 days, if the offense is a first violation within 7 years of NRS 484.379.
2. The department shall revoke the license, permit or privilege of a driver convicted of violating NRS 484.379 who fails to complete the educational course on the use of alcohol and controlled substances within the time ordered by the court and shall add a period of 90 days during which the driver is not eligible for a license, permit or privilege to drive.
3. When the department is notified by a court that a person who has been convicted of violating NRS 484.379 has been permitted to enter a program of treatment pursuant to NRS 484.37937 or 484.3794, the department shall reduce by one-half the period during which he is not eligible for a license, permit or privilege to drive, but shall restore that reduction in time if notified that he was not accepted for or failed to complete the treatment.
4. The department shall revoke the license, permit or privilege to drive of a person who is required to install a device pursuant to NRS 484.3943 but who operates a motor vehicle without such a device:
(a) For 3 years, if it is his first such offense during the period of required use of the device.
(b) For 5 years, if it is his second such offense during the period of required use of the device.
5. A driver whose license, permit or privilege is revoked pursuant to subsection 4 is not eligible for a restricted license during the period set forth in paragraph (a) or (b) of that subsection, whichever is applicable.
6. [When] In addition to any other requirements set forth by specific statute, if the department is notified that a court has [:
(a) Pursuant to paragraph (h) of subsection 1 of NRS 62.211, NRS 62.224, 62.2255, 62.226 or 62.228,] ordered the revocation, suspension or delay in the issuance of a [childs license;
(b) Pursuant] license pursuant to chapter 62 of NRS, NRS 176.064 or 206.330, [ordered the suspension or delay in the issuance of a persons license; or
(c) Pursuant to NRS 62.227, ordered the revocation of a childs license,] chapter 484 of NRS or any other provision of law, the department shall take such actions as are necessary to carry out the courts order.
7. As used in this section, device has the meaning ascribed to it in NRS 484.3941.
Sec. 2. Chapter 484 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A driver commits an offense of aggressive driving if, during any single, continuous period of driving within the course of 1 mile, the driver does all the following, in any sequence:
(a) Commits one or more acts of speeding in violation of NRS 484.361 or 484.366.
(b) Commits two or more of the following acts, in any combination, or commits any of the following acts more than once:
(1) Failing to obey an official traffic-control device in violation of NRS 484.278.
κ1999 Statutes of Nevada, Page 1386 (CHAPTER 336, AB 457)κ
(2) Overtaking and passing another vehicle upon the right by driving off the paved portion of the highway in violation of NRS 484.297.
(3) Improper or unsafe driving upon a highway that has marked lanes for traffic in violation of NRS 484.305.
(4) Following another vehicle too closely in violation of NRS 484.307.
(5) Failing to yield the right of way in violation of any provision of NRS 484.315 to 484.323, inclusive.
(c) Creates an immediate hazard, regardless of its duration, to another vehicle or to another person, whether or not the other person is riding in or upon the vehicle of the driver or any other vehicle.
2. A driver may be prosecuted and convicted of an offense of aggressive driving in violation of subsection 1 whether or not the driver is prosecuted or convicted for committing any of the acts described in paragraphs (a) and (b) of subsection 1.
3. A driver who commits an offense of aggressive driving in violation of subsection 1 is guilty of a misdemeanor. In addition to any other penalty:
(a) For the first offense within 2 years, the court shall order the driver to attend, at his own expense, a course of traffic safety approved by the department and may issue an order suspending the drivers license of the driver for a period of not more than 30 days.
(b) For a second or subsequent offense within 2 years, the court shall issue an order revoking the drivers license of the driver for a period of 1 year.
4. To determine whether the provisions of paragraph (a) or (b) of subsection 3 apply to one or more offenses of aggressive driving, the court shall use the date on which each offense of aggressive driving was committed.
5. If the driver is already the subject of any other order suspending or revoking his drivers license, the court shall order the additional period of suspension or revocation, as appropriate, to apply consecutively with the previous order.
6. If the court issues an order suspending or revoking the drivers license of the driver pursuant to this section, the court shall require the driver to surrender to the court all drivers licenses then held by the driver. The court shall, within 5 days after issuing the order, forward the drivers licenses and a copy of the order to the department.
7. If the driver successfully completes a course of traffic safety ordered pursuant to this section, the department shall cancel three demerit points from his driving record in accordance with NRS 483.475, unless the driver would not otherwise be entitled to have those demerits points canceled pursuant to the provisions of that section.
8. This section does not preclude the suspension or revocation of the drivers license of the driver pursuant to any other provision of law.
Sec. 3. The amendatory provisions of this act do not apply to offenses committed before the effective date of this act.
Sec. 4. This act becomes effective upon passage and approval.
________
κ1999 Statutes of Nevada, Page 1387κ
Assembly Bill No. 481Committee on Natural Resources, Agriculture, and Mining
CHAPTER 337
AN ACT relating to agriculture; eliminating the requirement for the registration of apiaries; eliminating the annual fee for colonies of bees; eliminating the requirement for a permit issued by the division of agriculture of the department of business and industry to transport apiaries, bees, hives, combs or other used apiary supplies in this state; eliminating the requirement for a permit issued by the division to import into this state certain bees, used beehives, honeycombs or appliances; eliminating the requirement for the inspection of certain apiaries of queen bees; and providing other matters properly relating thereto.
[Approved May 28, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 552.085 is hereby amended to read as follows:
552.085 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 552.08505 to [552.0863,] 552.0862, inclusive, have the meanings ascribed to them in those sections.
Sec. 2. NRS 552.0858 is hereby amended to read as follows:
552.0858 Disease means any condition adversely affecting bees, or their brood, which may become epidemic, including [American foulbrood, mites of both the Acarapis woodi and the Varroa jacobsoni species,] , without limitation, bacteria, viruses or invertebrate pests and the presence of undesirable genetic characteristics including those associated with Apis mellifera scutellata or hybrids of this subspecies.
Sec. 3. NRS 552.160 is hereby amended to read as follows:
552.160 1. The division may order the inspection of any or all apiaries and all buildings used in connection with [such] those apiaries in any district or districts of the state annually, or [oftener] more often if deemed necessary, or upon report to it that there is reason to believe that any apiary [or apiaries] may be infected with any disease, or that any honey, honeycombs or beeswax are exposed to robber bees.
2. If [such] the inspection discloses any disease, the division may:
(a) Order the owner or any person in possession of the apiary to destroy the diseased bees, hives and appliances in a manner prescribed by the division and at the expense of the owner;
(b) Order the owner or any person in possession of the apiary to treat the hives and appliances in a manner prescribed by the division and at the expense of the owner [,] if, in the opinion of the inspector, the nuisance can be abated by treatment rather than destruction; or
(c) Proclaim a quarantine in accordance with chapter 554 of NRS.
3. [If inspection discloses the existence of American foulbrood, the] The order for destruction or treatment must require compliance within [not less than 24 hours nor more than 72 hours. Any other order must specify] a reasonable time with reference to the nature of the disease.
κ1999 Statutes of Nevada, Page 1388 (CHAPTER 337, AB 481)κ
4. If [such] the inspection discloses honey, honeycombs or beeswax exposed to robber bees, the division may order the abatement of [such] the nuisance in a manner appropriate to the circumstances.
5. The order must be served upon the owner or person in possession of the apiary personally or by registered or certified mail, or, if [such] that person cannot be located, by posting the order in a conspicuous place at the apiary.
Sec. 4. NRS 552.212 is hereby amended to read as follows:
552.212 1. A person shall not ship or transport into this state any queens or other bees in screened cages without comb unless the shipment is accompanied by a certificate of an authorized officer of the state of origin certifying that all bees intended for shipment:
(a) Were inspected within 60 days before the date of shipment; and
(b) Were found to be free from disease and pests.
2. The division [shall] may hold a shipment which is not accompanied by the certificate of inspection and notify the person who owns or controls the bees that they will be destroyed after 48 hours [from] after the time of the notice unless a proper certificate of inspection is supplied. If the certificate is not supplied within that time, the bees may be destroyed.
Sec. 5. NRS 552.215 is hereby amended to read as follows:
552.215 When an inspection is requested by any person [for the purpose of obtaining a certificate of inspection for bees or appliances, the applicant for such certificate] to determine the presence of disease or colony strength, the person who requests the inspection shall pay a reasonable fee as prescribed by the division to pay the expenses of the inspection.
Sec. 6. NRS 552.255 is hereby amended to read as follows:
552.255 The following [are hereby] may be declared to be public nuisances and are subject to abatement under the provisions of this chapter:
1. Diseased bees and any apiary in which they are found.
2. Honey, honeycombs and beeswax containing honey which are exposed to robber bees.
Sec. 7. NRS 561.055 is hereby amended to read as follows:
561.055 1. Three members of the board must be actively engaged in range or semirange cattle production, one in dairying, one in general farming, one in general agriculture, one in growing crops which are planted in rows spaced to permit mechanical cultivation, one [in beekeeping, one] in the control of pests, one in the petroleum industry and one in raising nursery stock.
2. [No] Not more than two members may be residents of the same county, and the range or semirange cattle production members must be residents of different counties.
Sec. 8. NRS 552.0857, 552.0863, 552.155, 552.157, 552.200, 552.210, 552.214, 552.220 and 552.270 are hereby repealed.
________
κ1999 Statutes of Nevada, Page 1389κ
Assembly Bill No. 520Committee on Elections, Procedures, and Ethics
CHAPTER 338
AN ACT relating to elections; revising the procedure by which independent candidates and candidates of minor parties qualify to appear on the ballot for the general election; revising certain provisions governing challenges to the registration of a voter; enacting certain provisions governing the reporting of election results; revising the procedure for consolidating precincts and for designating a precinct to be a mailing precinct; and providing other matters properly relating thereto.
[Approved May 28, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 293 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. The secretary of state, a board of county commissioners, a county clerk and any other person who prepares an abstract of votes or other report of votes pursuant to this chapter shall not include in that abstract or report a person designated as an inactive voter pursuant to subsection 7 of NRS 293.530 when determining the percentage of voters who have voted or the total number of voters.
Sec. 3. 1. A person who files a written challenge pursuant to NRS 293.547 or an affidavit pursuant to NRS 293.535 may withdraw the challenge or affidavit not later than the 25th day before the date of the election, by submitting a written request to the county clerk. Upon receipt of the request, the county clerk shall:
(a) Remove the challenge or affidavit from the registrar of voters register, any election board register and any other record in which the challenge or affidavit has been filed or entered;
(b) If a notice of the challenge or affidavit has been mailed to the person who is the subject of the challenge or affidavit, mail a notice and a copy of the request to withdraw to that person; and
(c) If a notice of the challenge has been mailed to the district attorney, mail a notice and a copy of the request to withdraw to the district attorney.
2. If the county clerk receives a request to withdraw pursuant to subsection 1, the county clerk shall withdraw the persons challenge or affidavit.
Sec. 4. NRS 293.1715 is hereby amended to read as follows:
293.1715 1. The names of the candidates of a minor political party must not appear on the ballot for a primary election.
2. The names of the candidates of a minor political party must be placed on the ballot for the general election if the party has filed a certificate of existence and a list of its candidates pursuant to the provisions of NRS 293.1725 with the secretary of state and:
(a) At the last preceding general election, the minor political party polled for any of its candidates a number of votes equal to or more than 1 percent of the total number of votes cast for the offices of Representative in Congress;
κ1999 Statutes of Nevada, Page 1390 (CHAPTER 338, AB 520)κ
(b) On January 1 preceding a primary election, the minor political party has been designated as the political party on the applications to register to vote of at least 1 percent of the total number of registered voters in the state; or
(c) Not later than the second Friday in August preceding the general election, files a petition with the secretary of state which is signed by a number of registered voters equal to at least 1 percent of the total number of votes cast at the last preceding general election for the offices of Representative in Congress.
3. The name of a candidate for a minor political party other than a candidate for the office of President or Vice President of the United States must be placed on the ballot for the general election if the party has filed:
(a) A certificate of existence;
(b) A list of candidates containing the name of the candidate pursuant to the provisions of NRS 293.1725 with the secretary of state; and
(c) Not earlier than the first Monday in May preceding the general election and not later than 5 p.m. on the third Monday in May, a petition on behalf of the candidate with the secretary of state containing not less than:
(1) Two hundred fifty signatures of registered voters if the candidate is to be nominated for a statewide office; or
(2) One hundred signatures of registered voters if the candidate is to be nominated for any office except a statewide office.
A minor political party that places names of one or more candidates on the ballot pursuant to this subsection may also place the names of one or more candidates on the ballot pursuant to subsection 2.
4. The name of only one candidate of each minor political party for each office may appear on the ballot for a general election.
[4.] 5. A minor political party must file a copy of the petition required by paragraph (c) of subsection 2 or paragraph (c) of subsection 3 with the secretary of state before the petition may be circulated for signatures.
Sec. 5. NRS 293.172 is hereby amended to read as follows:
293.172 1. A petition filed pursuant to [paragraph (c) of] subsection 2 or 3 of NRS 293.1715 may consist of more than one document. Each document of the petition must:
(a) Bear the name of the [county in which it was circulated;] minor political party and, if applicable, the candidate and office to which the candidate is to be nominated.
(b) Include the affidavit of the person who circulated the document verifying that the signers are registered voters in the state according to his best information and belief and that the signatures are genuine and were signed in his presence . [; and
(c) Be submitted to]
(c) Bear the name of a county and be verified by the county clerk [in the county in which it is circulated for verification] of that county in the manner prescribed in NRS 293.1276 to 293.1279, inclusive, [not later than 40 days before the third Tuesday in August.] before the petition is filed with the secretary of state pursuant to subsection 2 or 3 of NRS 293.1715. A challenge to the form of a [petition filed pursuant to paragraph (c) of subsection 2 of NRS 293.1715] document must be made in a district court in the county [in which the petition was circulated.
κ1999 Statutes of Nevada, Page 1391 (CHAPTER 338, AB 520)κ
subsection 2 of NRS 293.1715] document must be made in a district court in the county [in which the petition was circulated.
2. A document which bears the name of a county may be] that is named on the document.
(d) Be signed only by registered voters of [that county.] the county that is named on the document.
2. If the office to which the candidate is to be nominated is a county office, only the registered voters of that county may sign the petition. If the office to which the candidate is to be nominated is a district office, only the registered voters of that district may sign the petition.
3. Each person who signs a [document] petition shall also provide the address of the place where he resides, the date that he signs and the name of the county in which he is registered to vote.
4. The county clerk shall not disqualify the signature of a voter who failed to provide all of the information required by [this section] subsection 3 if the voter is registered in the county that is named on the document.
Sec. 6. NRS 293.1725 is hereby amended to read as follows:
293.1725 1. Except as otherwise provided in subsection 4, a minor political party [which] that wishes to place its candidates on the ballot for a general election and:
(a) Is entitled to do so pursuant to paragraph
(a) or (b) of subsection 2 of NRS 293.1715; [or]
(b) Files a petition pursuant to paragraph (c) of
subsection 2 of NRS 293.1715 [,] ; or
(c) Whose candidates are entitled to appear on the ballot pursuant to subsection 3 of NRS 293.1715,
must file with the secretary of state a list of its candidates not earlier than the first Monday in May preceding the election nor later than 5 p.m. on the [last Friday in June.] third Monday in May. The list must be signed by the person so authorized in the certificate of existence of the minor political party before a notary public or other person authorized to take acknowledgments. The secretary of state shall strike from the list each candidate who is not entitled to appear on the ballot pursuant to subsection 3 of NRS 293.1715 if the minor political party is not entitled to place candidates on the ballot pursuant to subsection 2 of NRS 293.1715. The list must not be amended after it is filed.
2. The secretary of state shall immediately forward a certified copy of the list of candidates of each minor political party to the filing officer with whom each candidate must file his declaration of candidacy.
3. Each candidate on the list must file his declaration of candidacy with the proper filing officer and pay the fee required by NRS 293.193 not earlier than the date on which the list of candidates of his minor political party is filed with the secretary of state nor later than 5 p.m. on the [first Wednesday in July.] third Monday in May.
4. A minor political party that wishes to
place candidates for the offices of President and Vice President of the United
States on the ballot and has [otherwise]
qualified to place the names of its candidates on the ballot for the general
election pursuant to [the provisions of this chapter] subsection 2 of NRS 293.1715 must file with the secretary of state a
certificate of nomination for these offices not later than the first Tuesday in
September.
κ1999 Statutes of Nevada, Page 1392 (CHAPTER 338, AB 520)κ
NRS 293.1715 must file with the secretary of state a certificate of nomination for these offices not later than the first Tuesday in September.
Sec. 7. NRS 293.174 is hereby amended to read as follows:
293.174 1. If the qualification of a minor political party is challenged, all affidavits and documents in support of the challenge must be filed not later than 5 p.m. on the [3rd] third Friday in August. Any judicial proceeding resulting from the challenge must be set for hearing not more than 5 days after the [3rd] third Friday in August.
[2. Any such] A challenge pursuant to this subsection must be filed with the first judicial district court if the petition was filed with the secretary of state.
2. If the qualification of a candidate of a minor political party other than a candidate for the office of President or Vice President of the United States is challenged, all affidavits and documents in support of the challenge must be filed not later than 5 p.m. on the fourth Monday in May. Any judicial proceeding resulting from the challenge must be set for hearing not more than 5 days after the fourth Monday in May. A challenge pursuant to this subsection must be filed with:
(a) The first judicial district court; or
(b) If a candidate who filed a declaration of candidacy with a county clerk is challenged, the district court for the county where the declaration of candidacy was filed.
Sec. 8. NRS 293.175 is hereby amended to read as follows:
293.175 1. The primary election must be held on the first Tuesday of September in each even-numbered year.
2. Candidates of a major political party and candidates for nonpartisan offices must be nominated at the primary election.
3. Candidates of a minor political party must be nominated in the manner prescribed pursuant to NRS 293.171 [.] to 293.174, inclusive.
4. Independent candidates for partisan office must be nominated in the manner provided in NRS 293.200.
5. The provisions of NRS 293.175 to 293.203, inclusive, do not apply to:
(a) Special elections to fill vacancies.
(b) The nomination of the officers of incorporated cities.
(c) The nomination of district officers whose nomination is otherwise provided for by statute.
Sec. 9. NRS 293.200 is hereby amended to read as follows:
293.200 1. An independent candidate for partisan office must file with the proper filing officer:
(a) A copy of the petition of candidacy that he intends to circulate for signatures. The copy must be filed before the petition may be circulated.
(b) Either of the following:
(1) A petition of candidacy signed by a number of registered voters equal to at least 1 percent of the total number of ballots cast in the state or in the county or district electing that officer at the last preceding general election in which a person was elected to that office.
(2) A petition of candidacy signed by 250 registered voters if the candidate is a candidate for statewide office, or signed by 100 registered voters if the candidate is a candidate for any office other than a statewide office.
κ1999 Statutes of Nevada, Page 1393 (CHAPTER 338, AB 520)κ
voters if the candidate is a candidate for any office other than a statewide office.
2. The petition may consist of more than one document. Each document must bear the name of the county in which it was circulated and only registered voters of that county may sign the document. The person who circulates the document must be a registered voter of that county. If the office is a district office, only the registered voters of that district may sign the document. The documents [which] that are circulated for signature in a county must be [submitted to] verified by that county clerk [for verification] in the manner prescribed in NRS 293.1276 to 293.1279, inclusive, [not later than 40 days before filing the petition of candidacy with the proper filing officer.] before the petition is filed pursuant to subsection 4. Each signer shall add to his signature the address of the place at which he actually resides, the date that he signs the petition and the name of the county where he is registered to vote for the purpose of determining whether he is a registered voter. The person who circulates each document of the petition shall sign an affidavit attesting that the signatures on the document are genuine to the best of his knowledge and belief and were signed in his presence by persons registered to vote in that county.
3. The petition of candidacy may state the principle, if any, which the person qualified represents.
4. Petitions of candidacy must be filed not earlier than the first Monday in May preceding the general election and not later than 5 p.m. on the third [Tuesday in August.] Monday in May.
5. No petition of candidacy may contain the name of more than one candidate for each office to be filled.
6. A person may not file as an independent candidate if he is proposing to run as the candidate of a political party.
7. The names of independent candidates must be placed on the general election ballot and must not appear on the primary election ballot.
8. If the candidacy of any person seeking to qualify pursuant to this section is challenged, all affidavits and documents in support of the challenge must be filed not later than 5 p.m. on the fourth [Tuesday in August.] Monday in May. Any judicial proceeding resulting from the challenge must be set for hearing not more than 5 days after the fourth [Tuesday in August.] Monday in May.
9. Any challenge pursuant to subsection 8 must be filed with:
(a) The first judicial district court if the petition of candidacy was filed with the secretary of state.
(b) The district court for the county where the petition of candidacy was filed if the petition was filed with a county clerk.
10. An independent candidate for partisan office must file a declaration of candidacy with the proper filing officer and pay the fee required by NRS 293.193 not earlier than the first Monday in May of the year in which the election is held nor later than 5 p.m. [of the first Wednesday in July.] on the third Monday in May.
κ1999 Statutes of Nevada, Page 1394 (CHAPTER 338, AB 520)κ
Sec. 10. NRS 293.207 is hereby amended to read as follows:
293.207 1. Election precincts must be established on the basis of the number of registered voters therein, with a maximum of 600 registered voters per precinct in those precincts in which paper ballots are used, or a maximum of 1,500 registered voters who are not designated inactive pursuant to NRS 293.530 per precinct in those precincts in which a mechanical voting system is used.
2. [The] Except as otherwise provided in subsections 3 and 4, the county clerk may consolidate two or more contiguous election precincts into a single voting district to conduct a particular election as public convenience, necessity and economy may require.
3. If a county clerk proposes to consolidate two or more contiguous election precincts, in whole or in part, pursuant to subsection 2, the county clerk shall, at least 14 days before consolidating the precincts, cause notice of the proposed consolidation to be:
(a) Posted in the manner prescribed for a regular meeting of the board of county commissioners; and
(b) Mailed to each assemblyman, state senator, county commissioner and, if applicable, member of the governing body of a city who represents residents of a precinct affected by the consolidation.
4. A person may file a written objection to the proposed consolidation with the county clerk. The county clerk shall consider each written objection filed pursuant to this subsection before consolidating the precincts.
Sec. 11. NRS 293.213 is hereby amended to read as follows:
293.213 1. Whenever there were not more than 20 voters registered in a precinct for the last preceding general election, the county clerk may establish [such] that precinct as a mailing precinct, and shall forthwith mail notification to the field registrar for [such] that precinct.
2. Except as otherwise provided [by] in NRS 293.208, the county clerk in any county where an absent ballot central counting board is appointed may abolish two or more existing mailing precincts and combine those mailing precincts into absent ballot precincts . [and those] Those mailing precincts must be designated absent ballot mailing precincts.
3. In any county where an absent ballot central counting board is appointed, any established precinct which had less than 200 ballots cast at the last preceding general election, or any newly established precinct with less than 200 registered voters, may be designated an absent ballot mailing precinct.
4. The county clerk shall, at least 14 days before establishing or designating a precinct as a mailing precinct or absent ballot mailing precinct or before abolishing a mailing precinct pursuant to this section, cause notice of such action to be:
(a) Posted in the manner prescribed for a regular meeting of the board of county commissioners; and
(b) Mailed to each assemblyman, state senator, county commissioner and, if applicable, member of the governing body of a city who represents residents of a precinct affected by the action.
κ1999 Statutes of Nevada, Page 1395 (CHAPTER 338, AB 520)κ
Sec. 12. NRS 293.547 is hereby amended to read as follows:
293.547 1. After the 30th day but not later than the [15th] 25th day before any election, a written challenge may be filed with the county clerk.
2. A registered voter may file a written challenge if:
(a) He is registered to vote in the same precinct or district as the person whose right to vote is challenged; or
(b) The challenge is based on the personal knowledge of the registered voter.
3. The challenge must be signed and verified by the registered voter and name the person whose right to vote is challenged and the ground of the challenge.
4. A challenge filed pursuant to this section must not contain the name of more than one person whose right to vote is challenged. The county clerk shall not accept for filing any challenge which contains more than one such name.
5. The county clerk shall [file] :
(a) File the challenge in the registrar of voters register and:
[(a)] (1) In counties where records of registration are not kept by computer, he shall attach a copy of the challenge to the challenged registration in the election board register.
[(b)] (2) In counties where records of registration are kept by computer, he shall have the challenge printed on the computer entry for the challenged registration and add a copy of it to the election board register.
[6. The county clerk shall, within]
(b) Within 5 days after a challenge is filed, mail a notice in the manner set forth in NRS 293.530 to the person whose right to vote has been challenged pursuant to this section informing him of the challenge. If the person fails to respond or appear to vote within the required time, the county clerk shall cancel his registration. A copy of the challenge and information describing how to reregister properly must accompany the notice.
(c) Immediately notify the district attorney. A copy of the challenge must accompany the notice.
6. Upon receipt of a notice pursuant to this section, the district attorney shall investigate the challenge within 14 days and, if appropriate, cause proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay. The court shall give such proceedings priority over other civil matters that are not expressly given priority by law. Upon court order, the county clerk shall cancel the registration of the person whose right to vote has been challenged pursuant to this section.
Sec. 13. Chapter 293C of NRS is hereby amended by adding thereto a new section to read as follows:
The governing body of a city, a city clerk and any other person who prepares an abstract of votes or other report of votes pursuant to this chapter shall not include in that abstract or report a person designated as an inactive voter pursuant to subsection 7 of NRS 293.530 when determining the percentage of voters who have voted or the total number of voters.
________
κ1999 Statutes of Nevada, Page 1396κ
Assembly Bill No. 517Assemblymen Freeman, Gibbons, Arberry, Giunchigliani, Williams and Parks
CHAPTER 339
AN ACT relating to adult persons; revising provisions concerning their guardianship; and providing other matters properly relating thereto.
[Approved May 28, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 159 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. If an adult ward or proposed adult ward is unable to retain legal counsel and requests the appointment of counsel, at any stage of a proceeding for guardianship and whether or not he lacks or appears to lack capacity, the court shall, at or before the time of the next hearing, appoint an attorney who works for legal aid services, if available, or a private attorney to represent him. The attorneys fees must be paid from the estate of the ward or proposed ward to the extent possible.
Sec. 3. 1. The guardian may retain assets for the anticipated expense of the wards funeral and the disposal of his remains. Of the amount so retained, $1,500 is exempt from all claims, including those of this state.
2. The guardian may place assets so retained in a pooled account or trust. If the assets are invested in a savings account or other financial account, they are not subject to disposition as unclaimed property during the lifetime of the ward.
3. Assets so retained may be disbursed for the wards funeral or the disposal of his remains without prior authorization of the court. An amount not so disbursed becomes part of the wards estate.
Sec. 4. NRS 159.019 is hereby amended to read as follows:
159.019 Incompetent [includes any] means an adult person who, by reason of mental illness, mental deficiency, [advanced age,] disease, weakness of mind or any other cause, is unable, without assistance, properly to manage and take care of himself or his property.
Sec. 5. NRS 159.022 is hereby amended to read as follows:
159.022 A person is of limited capacity if he is able to make independently some but not all of the decisions necessary for his own care and the management of his property [.] and has attained the age of majority.
Sec. 6. NRS 159.044 is hereby amended to read as follows:
159.044 1. Except as otherwise provided in NRS 127.045, a proposed ward, a governmental agency, a nonprofit corporation or any concerned person may petition the court for the appointment of a guardian.
2. The petition must state:
(a) The name and address of the petitioner.
(b) The name, age and address of the proposed ward. If he is a minor, the date on which he will attain the age of majority and whether he will need guardianship after attaining the age of majority.
(c) Whether the proposed ward is a resident or nonresident of this state.
κ1999 Statutes of Nevada, Page 1397 (CHAPTER 339, AB 517)κ
(d) The names and addresses, so far as they are known to the petitioner, of the relatives of the proposed ward within the second degree.
(e) The name and address of the proposed guardian.
(f) That the proposed guardian has never been convicted of a felony.
(g) A summary of the reasons why a guardian is needed.
(h) Whether the appointment of a general or a special guardian is sought.
(i) A general description and the probable value of the property of the proposed ward and any income to which he is entitled, if the petition is for the appointment of a guardian of the estate or a special guardian. If any money is paid or is payable to the proposed ward by the United States through the Department of Veterans Affairs, the petition must so state.
(j) The name and address of any person or institution having the care, custody or control of the proposed ward.
(k) The relationship, if any, of the petitioner to the proposed ward and the interest, if any, of the petitioner in the appointment.
(l) Requests for any of the specific powers set forth in NRS 159.117 to 159.175, inclusive, necessary to enable the guardian to carry out the duties of the guardianship.
(m) Whether the guardianship is sought as the result of an investigation of a report of abuse or neglect that is conducted pursuant to chapter 432B of NRS by an agency which provides protective services. As used in this paragraph, agency which provides protective services has the meaning ascribed to it in NRS 432B.030.
Sec. 7. NRS 159.047 is hereby amended to read as follows:
159.047 1. Except as otherwise provided in NRS 159.0475, 159.049 and 159.052, the court, upon the filing of a petition under NRS 159.044, shall direct the clerk to issue a citation setting forth a time and place for the hearing and directing the persons or institutions referred to in subsection 2 to appear and show cause why a guardian should not be appointed for the proposed ward.
2. A citation issued under subsection 1 must be served:
(a) If the proposed ward is an incompetent [:] or a person of limited capacity:
(1) Upon the spouse and adult children of the incompetent or person of limited capacity who are known to exist, or, if there are none, upon any parent, brother or sister of the incompetent or person of limited capacity;
(2) Upon any person or officer of an institution having the care, custody or control of the incompetent or person of limited capacity; and
(3) Upon the incompetent or person of limited capacity.
(b) If the proposed ward is a minor:
(1) Upon the parents of the minor;
(2) Upon any person or officer of an institution having care, custody or control of the minor; and
(3) If the minor is 14 years of age or older, upon the minor.
Sec. 8. NRS 159.052 is hereby amended to read as follows:
159.052 1. A petitioner may request the court to appoint a temporary guardian. To support the request, the petitioner must set forth in a petition and present to the court under oath:
(a) Facts which show that the proposed ward:
κ1999 Statutes of Nevada, Page 1398 (CHAPTER 339, AB 517)κ
(1) Faces a substantial and immediate risk of financial loss or physical harm or needs immediate medical attention; and
(2) Lacks capacity to respond to the risk of loss or harm or to obtain the necessary medical attention; and
(b) Facts which show that:
(1) The petitioner has tried in good faith to notify the persons entitled to notice pursuant to NRS 159.047; [or]
(2) The proposed ward would be exposed to an immediate risk of financial loss or physical harm if the petitioner were to provide notice to the persons entitled to notice pursuant to NRS 159.047 before the court determines whether to appoint a temporary guardian [.] ; or
(3) Giving notice to the persons entitled to notice pursuant to NRS 159.047 is not feasible under the circumstances.
2. If the court:
(a) Finds reasonable cause to believe that the proposed ward is unable to respond to a substantial and immediate risk of financial loss or physical harm or to a need for immediate medical attention; and
(b) Is satisfied that the petitioner has tried in good faith to notify the persons entitled to notice pursuant to NRS 159.047 or that giving notice to those persons is not feasible under the circumstances, or determines that such notice is not required pursuant to subparagraph (2) of paragraph (b) of subsection 1,
the court may appoint a temporary guardian to serve for 10 days. The court shall limit the temporary guardians powers to those necessary to assist in the emergency.
3. Except as otherwise provided in subsection 4, after the appointment of a temporary guardian, the petitioner shall [make a good faith effort] attempt in good faith to notify the persons entitled to notice pursuant to NRS 159.047. If the petitioner fails to make such an effort, the court may terminate the temporary guardianship.
4. If, before the appointment of a
temporary guardian, the court determined that advance notice was not required
pursuant to subparagraph (2) of paragraph (b) of subsection 1, the petitioner
shall notify the persons entitled to notice pursuant to NRS 159.047 without undue delay, but
not later than [24] 48 hours after the appointment of the
temporary guardian [.] or not later than 48 hours after he discovers the
existence, identity and location of the persons entitled to notice pursuant to
that section. If the petitioner fails to provide such notice, the
court may terminate the temporary guardianship.
5. Within 10 days after the appointment of a temporary guardian pursuant to subsection 2, the court shall hold a hearing to determine the need to extend the temporary guardianship. Except as otherwise provided in subsection 6, if the court finds by clear and convincing evidence that the proposed ward is unable to respond to a substantial and immediate risk of financial loss or physical harm or to a need for immediate medical attention, the court may extend the temporary guardianship until a general or special guardian is appointed, but not for more than 30 days. The court shall limit the temporary guardians powers to those necessary to assist in the emergency.
κ1999 Statutes of Nevada, Page 1399 (CHAPTER 339, AB 517)κ
6. The court may not extend a temporary guardianship pursuant to subsection 5 beyond the initial period of 10 days unless the petitioner demonstrates that:
(a) The provisions of NRS 159.0475 have been satisfied; or
(b) Notice by publication pursuant to N.R.C.P. 4(e) is currently being undertaken.
Sec. 9. NRS 159.059 is hereby amended to read as follows:
159.059 Any qualified person or entity that the court finds suitable may serve as a guardian. A person is not qualified to serve as a guardian who [is:
1. An] :
1. Is an incompetent.
2. [A] Is a minor.
3. [A person who has] Has been convicted of a felony.
4. [A person] Has been suspended for misconduct or disbarred from the practice of law during the period of the suspension or disbarment.
5. [A] Is a nonresident of this state [who] and has not:
(a) Associated as a coguardian, a resident of this state or a banking corporation whose principal place of business is in this state; and
(b) Caused the appointment to be filed in the guardianship proceeding.
6. Has been judicially determined, by clear and convincing evidence, to have committed abuse, neglect or exploitation of a child, spouse, parent or other adult.
Sec. 10. NRS 159.073 is hereby amended to read as follows:
159.073 Every guardian shall, before entering upon his duties as guardian and before letters of guardianship may issue, take and subscribe the official oath and file in the [guardianship] proceeding his name, residence and post office address. [Such] The oath, to be endorsed on the letters of guardianship, [shall state that:
1. The guardian] must state that he will well and faithfully perform the duties of guardian according to law . [;
2. All matters stated in any petition or paper filed with the court are true of his own knowledge, except as to matters stated on information and belief; and
3. As to matters stated on information and belief, he believes them to be true.]
Sec. 11. NRS 159.079 is hereby amended to read as follows:
159.079 1. Except as otherwise ordered by the court, a guardian of the person has the care, custody and control of the person of the ward, and has the authority and, subject to subsection 2, shall perform the duties necessary for the proper care, maintenance, education and support of the ward, including [but not limited to] the following:
(a) Supplying the ward with food, clothing, shelter and all incidental necessaries.
(b) Authorizing medical, surgical, dental, psychiatric, psychological, hygienic or other remedial care and treatment for the ward.
(c) Seeing that the ward is properly trained and educated and that he has the opportunity to learn a trade, occupation or profession.
κ1999 Statutes of Nevada, Page 1400 (CHAPTER 339, AB 517)κ
2. In the performance of the duties enumerated in subsection 1 by a guardian of the person, due regard [shall] must be given to the extent of the estate of the ward. A guardian of the person is not required to incur expenses on behalf of the ward except to the extent that the estate of the ward is sufficient to reimburse the guardian. [Nothing contained in this section shall be deemed to] This section does not relieve a parent or other person of any duty required by law to provide for the care, support and maintenance of any dependent.
Sec. 12. NRS 159.0805 is hereby amended to read as follows:
159.0805 A guardian shall not consent to experimental medical , biomedical or behavioral treatment , or sterilization of a ward , or to the wards participation in any biomedical or behavioral experiment, unless he is specifically empowered to do so by the court. The court may authorize experimental treatment or participation only if:
1. It is of direct benefit to, and intended to preserve the life or prevent serious impairment to the mental or physical health of, the ward; or
2. It is intended to assist the ward to develop or regain his abilities.
Sec. 13. NRS 159.085 is hereby amended to read as follows:
159.085 1. Within 60 days after the date of his appointment, or, if necessary, such further time as the court may allow, a guardian of the estate shall make and file in the guardianship proceeding a verified inventory of all the property of the ward which comes to his possession or knowledge.
2. Whenever any property of the ward not mentioned in the inventory comes to the possession or knowledge of a guardian of the estate, he shall make and file in the [guardianship] proceeding a verified supplemental inventory within 30 days after the property comes to his possession or knowledge or include the property in his next accounting. The court may order which of the two methods the guardian shall follow.
3. The court may order all or any part of the property of the ward appraised as provided in NRS 144.020, 144.025, 144.030, 144.070 and 144.090.
Sec. 14. NRS 159.189 is hereby amended to read as follows:
159.189 [Where,] If, at the time of the appointment of the guardian or thereafter, the estate of a ward consists of personal property having a value not exceeding by more than [$1,000] $5,000 the aggregate amount of unpaid expenses of administration of the guardianship estate and claims against the estate, the guardian of the estate, with prior approval of the court by order, may pay [such] those expenses and claims from the estate and deliver all the remaining personal property to such person as the court may designate in the order, to be held, invested or used as ordered by the court. The recipient of the property so delivered shall give a receipt therefor to the guardian. The receipt is a release and acquittance to the guardian as to the property so delivered. The guardian shall file in the [guardianship] proceeding proper receipts or other evidence satisfactory to the court showing [such] the delivery, and the guardian [shall be] is released from his trust and his bond exonerated.
κ1999 Statutes of Nevada, Page 1401 (CHAPTER 339, AB 517)κ
Sec. 15. NRS 159.1905 is hereby amended to read as follows:
159.1905 A ward [or other] , the guardian or another person may petition the court for the termination or modification of a guardianship. [Upon the filing of the petition, the court may appoint an attorney to represent the ward if he is unable to retain one and the court determines that the appointment is necessary to protect his interests.] The petition must state or contain:
1. The name and address of the petitioner.
2. The name, age and address of the ward, if the ward is not the petitioner, or the date of death of the ward if the ward is deceased.
3. The name and address of the guardian, if the guardian is not the petitioner.
4. The reason for termination or modification.
5. A general description and the value of the remaining property of the ward and the proposed disposition of that property.
Sec. 16. NRS 159.191 is hereby amended to read as follows:
159.191 A guardianship is terminated:
1. If for a minor, when [the minor] he reaches the age of majority according to the law of [such minors] his domicile;
2. By the death of the ward; [or]
3. Upon the wards change of domicile to a place outside this state and the transfer of jurisdiction to the court having jurisdiction in the new domicile; or
4. Upon order of the court, if the court determines that the guardianship no longer is necessary. If the guardianship is of the person and estate, the court may order the guardianship terminated as to the person, the estate or the person and estate.
Sec. 17. NRS 159.201 is hereby amended to read as follows:
159.201 If at any time during the course of the [guardianship] proceedings it appears to the court that, after payment of all claims and expenses of the guardianship the value of the wards property does not exceed [$3,000,] $5,000, the court may:
1. Authorize the guardian of the estate or special guardian who is authorized to manage the wards property to convert the property to cash [or marketable stocks and bonds] and sell any of the property, with or without notice, as the court may direct. After the payment of all claims and the expenses of the guardianship, the guardian shall deposit [such cash] the money in savings accounts or invest it as provided in NRS 159.117, and hold the investment and all interest, issues, dividends and profits for the benefit of the ward. The court may dispense with annual accountings and all other proceedings required by this chapter . [if the investment fund is held intact to be distributed to the ward upon removal of his legal disability.]
2. If the ward is a minor, terminate the guardianship of the estate and direct the guardian to deliver the wards property to the [father or mother] parent, guardian or custodian of the minor to hold, invest or use as the court may order.
________
κ1999 Statutes of Nevada, Page 1402κ
Assembly Bill No. 528Assemblymen Neighbors and Dini
Joint Sponsor: Senator McGinness
CHAPTER 340
AN ACT relating to local economic benefit; authorizing the creation of nonprofit regional development corporations by local governments in the area adjacent to the Nevada Test Site; and providing other matters properly relating thereto.
[Approved May 28, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. The legislature finds as facts that:
1. The reduction of federal activity at the Nevada Test Site has affected the surrounding region in a manner and to a degree different from the effects occurring elsewhere in the state, by eliminating employment and otherwise diminishing the financial stability and economic vitality of the communities in the region.
2. The affected communities, if they are to survive, must diversify their economies by attracting new enterprises and rehabilitating existing enterprises.
3. Existing general requirements pertaining to the management of public property make the cooperative use of public property and resources for that diversification and rehabilitation impractical.
4. Cooperative use of public and private resources has shown itself in other states to be effective in economic diversification and rehabilitation.
5. The Nevada Test Site Development Corporation has been organized as a Nevada corporation not for profit under section 3161 of the National Defense Authorization Act of 1993, Public Law 102-484, to facilitate economic development in the affected region.
6. A general law cannot be made applicable for the reasons explained in the preceding subsections to enable the full cooperative use of public and private resources to achieve the desired economic diversification and rehabilitation of this region.
Sec. 2. As used in this act, the words and terms defined in sections 3 to 6, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 3. Affected community means:
1. Esmeralda, Lincoln and Nye Counties and any city or unincorporated town therein; and
2. The town of Indian Springs in Clark County.
Sec. 4. Eligible, with respect to an economic development organization not for profit, means an association or corporation recognized and operating as:
1. A reuse organization pursuant to the provisions of section 3161 of the National Defense Authorization Act of 1993, Public Law 102-484;
2. An economic development district pursuant to the provisions of the Public Works and Economic Development Act of 1965, Public Law 89-136; or
κ1999 Statutes of Nevada, Page 1403 (CHAPTER 340, AB 528)κ
3. A local redevelopment authority pursuant to the provisions of the Base Closure Community Redevelopment and Homeless Assistance Act of 1994, Public Law 103-421,
and having sufficient financial resources, fiscal responsibility and powers to propose, plan, and carry out substantial projects of economic development.
Sec. 5. Population has the meaning ascribed to it in NRS 0.050.
Sec. 6. Regional development corporation means a corporation for public benefit organized in this state pursuant to this act and chapter 82 of NRS.
Sec. 7. 1. One or more affected communities, together with the Nevada Test Site Development Corporation or another eligible economic development organization not for profit, may form a regional development corporation to ensure the continuing economic and social viability and vitality of the affected community.
2. The governing body of each affected community that desires to participate in forming such a corporation must first enact an ordinance containing:
(a) Findings that:
(1) The economy of its territory needs revitalization, diversification or stabilization, or any combination of these;
(2) The corporation will assist in satisfying those needs, in accordance with a general plan for economic development then in force;
(3) The general welfare of its residents will be best served by organizing the corporation; and
(4) The governing body has reviewed the qualifications of the economic development organization not for profit with which it intends to organize the corporation, and has found that organization to be eligible.
(b) The organization and composition of the corporation and the powers to be delegated to it.
(c) The intended duration of the agreement under which the corporation will be formed.
(d) The proposed method of financing the undertaking and providing a budget for the corporation.
(e) The proposed method of acquiring, holding and disposing of real and personal property for the undertaking, and the method by which the affected community may furnish to or exchange with the corporation personnel, property or facilities.
(f) The authorized use of any gain from the operation of the corporation.
(g) The method for terminating the agreement and the corporation in whole or in part and for disposing of property and other assets upon termination.
Sec. 8. A regional development corporation must be formed in the manner provided in NRS 82.081 to 82.116, inclusive. Except to the extent superseded, enlarged or otherwise changed in application by this act, the provisions of chapter 82 of NRS apply to such a corporation.
Sec. 9. In addition to the matters required by chapter 82 of NRS, the articles of incorporation of a regional development corporation must contain:
1. In the name of the corporation, the words a regional development corporation or the initials RDC;
κ1999 Statutes of Nevada, Page 1404 (CHAPTER 340, AB 528)κ
2. The name and post office box or street address of each affected community, and of the eligible economic development organization not for profit, which are the incorporators;
3. The names of the members of the board of directors;
4. The purposes for which the corporation is organized;
5. A statement that the corporation may, except as otherwise provided in subsection 2 of section 11 of this act, engage in any lawful activity reasonably related to its purposes, and any desired limitation upon that power; and
6. An authorization of or prohibition against reconveyance to a member of the corporation of real or personal property contributed by the member, and any desired restriction upon reconveyance.
Sec. 10. 1. The number of members of the board of directors of a regional development corporation must be an odd number, not more than 11, that is equal to the number of incorporating members or a multiple of the number of incorporating members plus one or two members elected pursuant to subsection 3.
2. The governing body of each affected community which joined in organizing the corporation shall appoint at least one member to the board of directors and may agree to appoint an equal number of additional members, not to exceed the sum of 11 when combined with the member or members elected pursuant to subsection 3.
3. The appointed members shall by a two-thirds vote elect one or two additional members.
Sec. 11. 1. Except as otherwise provided in subsection 2, the purposes for which a regional development corporation is organized must be to:
(a) Assist, promote, encourage, develop and advance the economic welfare of the affected communities in accordance with their general plans for economic development;
(b) Facilitate and assist in the location of new business in the affected communities, and to rehabilitate and revitalize existing business;
(c) Stimulate and assist in the expansion of activity that will tend to promote the development and diversification of business resulting in the economic stability of the affected communities;
(d) Provide new opportunities for employment in the affected communities; and
(e) Cooperate and act in conjunction with governmental agencies and public or private organizations whose objectives are the support and advancement of commercial, industrial, agricultural or recreational activity that would advance the economic welfare of the affected communities, promote economic diversification, and effectuate their plans for economic development.
2. A regional development corporation must not be organized for the purpose of engaging in any activity which promotes, facilitates or otherwise relates to the transportation, disposal or storage of high-level radioactive waste.
Sec. 12. 1. Each affected community and eligible economic development organization not for profit which joins in the organization of a regional development corporation is a member of the corporation.
κ1999 Statutes of Nevada, Page 1405 (CHAPTER 340, AB 528)κ
2. After the formation of a regional development corporation, other affected communities, eligible economic development organizations not for profit, quasi-public agencies, including economic development authorities formed by interlocal agreement, corporations whether or not for profit, other business associations, or natural persons may request membership in, and if accepted become members of, the regional development corporation. A member so admitted may not appoint a member of the board of directors.
3. The articles of incorporation or bylaws of the regional development corporation must establish:
(a) Criteria or procedures for admission, but may not dispense with contribution of assets, personnel or services to the corporation; and
(b) The scope of participation for admitted members, which may vary according to the nature of the admitted member.
4. An admitted member may be expelled or suspended, or the membership terminated, in accordance with the provisions of NRS 82.251. If a member is admitted for a fixed term, the membership expires at the end of the term.
5. If the board of directors determines that the actions of an incorporator require its expulsion or the termination of its membership, the regional development corporation must be dissolved in the manner provided in NRS 82.491 to 82.521, inclusive, for involuntary dissolution.
Sec. 13. 1. An affected community that is an incorporator of a regional development corporation may furnish or exchange personnel, equipment, property or facilities to or with the corporation, and commit itself to the payment of money for the formation and operation of the corporation, to the extent provided in the ordinance adopted pursuant to section 7 of this act.
2. After the organization of a regional development corporation, an incorporator or admitted member may contribute by conveying any land, improvements, facilities and public works, or by providing personnel or professional services, to the corporation which its governing body deems necessary or desirable, without charge or competitive disposal. In dividing the assets of a regional development corporation upon dissolution, each member must be credited for the value of all contributions.
3. Contributions of real property may be made on the condition that upon dissolution of the corporation, if the contributed real property is still held by the corporation, it will be reconveyed to the contributor, but such a condition is not effective if, because of subsequent development of the property or for any other reason, reconveyance would result in an unfair division of assets among the members.
4. Reconveyance of real property or return of personal property to a member is not a distribution of gain or profit to the member for the purposes of NRS 82.136.
Sec. 14. In a civil action brought against an officer, employee, director or agent of a regional development corporation based on an act or omission related to his duty or employment, the corporation shall provide or reimburse the costs of his defense and indemnify him if a judgment is rendered against him, unless:
1. He failed to cooperate in good faith in the defense of the action;
κ1999 Statutes of Nevada, Page 1406 (CHAPTER 340, AB 528)κ
2. The act or omission was not within the scope of his duty to or employment with the corporation; or
3. The act or omission was wanton or malicious.
Sec. 15. A regional development corporation shall not engage in any activity which promotes, facilities or otherwise relates to the transportation, disposal or storage of high-level radioactive waste.
Sec. 16. This act becomes effective upon passage and approval.
________
Assembly Bill No. 539Committee on Government Affairs
CHAPTER 341
AN ACT relating to the charter of Carson City; providing for a charter committee; increasing the salary of the mayor; revising the restriction on certain city officials engaging in any other business or occupation; making various other changes to the city charter; and providing other matters properly relating thereto.
[Approved May 28, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. The charter of Carson City, being chapter 213, Statutes of Nevada 1969, is hereby amended by adding thereto new sections to be designated as sections 1.080, 1.090 and 1.100, respectively, immediately following section 1.070, to read as follows:
Sec. 1.080 Charter committee: Nomination; appointment; terms; qualifications; compensation.
1. The candidates for membership on the charter committee must be nominated as follows:
(a) Each supervisor shall nominate at least one candidate; and
(b) Each member of the senate and assembly delegation representing the residents of the city shall nominate at least one candidate.
2. The board shall:
(a) Determine the appropriate number of members of the charter committee from the candidates nominated; and
(b) Appoint the members of the charter committee.
3. Each member of the charter committee must:
(a) Be a registered voter in Carson City;
(b) Serve a term concurrent to the term of the public officer by whom he was nominated;
(c) Reside in Carson City during his term of office; and
(d) Serve without compensation.
Sec. 1.090 Charter committee: Meetings; duties. The charter committee shall:
1. Elect a chairman from among its members who shall serve for a term of 1 year;
κ1999 Statutes of Nevada, Page 1407 (CHAPTER 341, AB 539)κ
2. Meet at least once every 2 years before the beginning of each regular session of the legislature and when requested by the board or the chairman of the committee;
3. Advise the board with regard to the recommendations of the committee concerning necessary amendments to this charter; and
4. Assist the board in the timely preparation of such amendments for presentation to the legislature on behalf of the city.
Sec. 1.100 Charter committee: Removal; vacancies.
1. A member of the charter committee may be removed by the board for:
(a) Missing three consecutive regular meetings; or
(b) Other good cause.
2. The board shall fill any vacancy that occurs on the charter committee for the unexpired term.
Sec. 2. Section 2.180 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, as last amended by chapter 425, Statutes of Nevada 1983, at page 1059, is hereby amended to read as follows:
Sec. 2.180 Power of board: Animals and poultry. The board may:
1. Fix, impose and collect an annual per capita tax on all dogs and provide for the capture and disposal of all dogs on which the tax is not paid.
2. Regulate or prohibit the running at large within Carson City of all kinds of animals and poultry, establish a pound, appoint a poundkeeper and prescribe his duties, distrain and impound animals and poultry running at large, and provide for the [sale or other] disposition of such animals and poultry. The proceeds arising from the [sale] disposition of such animals and poultry , after the payment of all costs, must be deposited in the treasury to be disposed of according to law.
3. Prohibit cruelty to animals.
Sec. 3. Section 3.010 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, as last amended by chapter 118, Statutes of Nevada 1985, at page 476, is hereby amended to read as follows:
Sec. 3.010 Mayor: Duties [.] ; salary.
1. The mayor:
(a) Shall serve as a member of the board and preside over its meetings.
(b) Is the head of the government of Carson City for all ceremonial purposes and for purposes of military law.
(c) Shall perform such emergency duties as may be necessary for the general health, welfare and safety of Carson City.
(d) Shall perform such other duties as may be prescribed by ordinance or by the provisions of Nevada Revised Statutes which apply to a mayor or to the chairman of a board of county commissioners.
2. The mayor [shall receive $600 in addition to the annual salary provided] is entitled to an annual salary of 130 percent of the amount specified in NRS 245.043.
κ1999 Statutes of Nevada, Page 1408 (CHAPTER 341, AB 539)κ
Sec. 4. Section 3.020 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, as amended by chapter 118, Statutes of Nevada 1985, at page 476, is hereby amended to read as follows:
Sec. 3.020 Manager: Appointment; duties [.] ; salary.
1. The board may appoint a manager who is the chief administrative officer of the city. He is responsible for carrying out the policy of the board. His duties and salary must be fixed by the board.
2. The manager may appoint such clerical personnel and create such administrative [assistants] positions as he considers necessary, subject to the review and approval of the board.
Sec. 5. Section 3.030 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, as last amended by chapter 23, Statutes of Nevada 1987, at page 56, is hereby amended to read as follows:
Sec. 3.030 Clerk: Duties; salary.
1. The provisions of chapter 246 of NRS apply to the office of clerk, except that all deputy clerks other than the two provided for in section 2.330 must be appointed pursuant to and are governed by the regulations for the merit personnel system.
2. The clerk shall:
(a) Keep the corporate seal and all books and papers belonging to Carson City.
(b) Attend all meetings of the board and keep an accurate journal of its proceedings, including a record of all ordinances, bylaws and resolutions passed or adopted by it. After approval of the journal at each meeting of the board, the clerk shall attest the journal after it has been signed by the mayor.
(c) Enter in the journal the results of the vote of the board upon the passage of ordinances or of any resolution appropriating money, abolishing licenses or increasing or decreasing the rates of licenses.
(d) Act as ex officio recorder. The provisions of chapter 247 of NRS apply to the clerk while acting in that capacity, except that all deputy recorders other than the two provided for in section 2.330 must be appointed pursuant to and as governed by the regulations for the merit personnel system.
(e) Serve as public administrator without additional salary. The provisions of chapter 253 of NRS apply to the office of clerk while performing the duties of public administrator.
(f) Perform such other duties as may be required by [the board or by the] :
(1) The board; or
(2) The provisions of Nevada Revised Statutes ,
which apply to [a county clerk.] county clerks.
3. The clerk is entitled to an annual salary in the amount specified in NRS 245.043. The clerk shall not engage in any other business or occupation [.] that creates a conflict of interest between his personal interest in the business or occupation and his official duties.
κ1999 Statutes of Nevada, Page 1409 (CHAPTER 341, AB 539)κ
Sec. 6. Section 3.045 of the charter of Carson City, being chapter 23, Statutes of Nevada 1987, as amended by chapter 535, Statutes of Nevada 1993, at page 2240, is hereby amended to read as follows:
Sec. 3.045 Treasurer: Duties; salary.
1. The provisions of chapter 249 of NRS apply to the office of treasurer, except that all deputy treasurers other than the two [deputy treasurers] provided for in section 2.330 must be appointed pursuant to and are governed by the regulations for the merit personnel system.
2. The treasurer shall:
(a) Invest all surplus money of Carson City.
(b) Keep a record of the cash balance and reconcile it with the controllers records monthly.
(c) Perform such other duties as may be required by [the board or by the] :
(1) The board; or
(2) The provisions of Nevada Revised Statutes ,
which apply to county treasurers.
(d) Establish and maintain a policy for the investment of the surplus money of Carson City. The board of supervisors shall review the policy at least once each year at a public hearing at which public comment is accepted.
3. The treasurer is entitled to an annual salary in the amount specified in NRS 245.043 . [, and] The treasurer shall not engage in any other business or occupation [.] that creates a conflict of interest between his personal interest in the business or occupation and his official duties.
Sec. 7. Section 3.050 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, as last amended by chapter 690, Statutes of Nevada 1979, at page 1861, is hereby amended to read as follows:
Sec. 3.050 Assessor: Duties; salary.
1. The provisions of chapter 250 of NRS apply to the office of assessor, except that all deputy assessors other than the two provided for in section 2.330 must be appointed pursuant to and are governed by the regulations for the merit personnel system.
2. The assessor shall perform such other duties as may be [imposed by the board, or by] required by:
(a) The board; or
(b) The provisions of Nevada Revised Statutes ,
which apply to county assessors.
3. The assessor is entitled to an annual salary in the amount specified in NRS 245.043. The assessor shall not engage in any other business or occupation [.] that creates a conflict of interest between his personal interest in the business or occupation and his official duties.
κ1999 Statutes of Nevada, Page 1410 (CHAPTER 341, AB 539)κ
Sec. 8. Section 3.060 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, as last amended by chapter 690, Statutes of Nevada 1979, at page 1861, is hereby amended to read as follows:
Sec. 3.060 Sheriff: Duties; salary.
1. The provisions of chapter 248 of NRS apply to the office of sheriff, except that all deputy sheriffs except the five described in section 2.330 must be appointed pursuant to and are governed by the regulations for the merit personnel system.
2. The sheriff shall:
(a) Diligently enforce all ordinances of Carson City.
(b) Perform such other duties as may be [imposed by the board, or by] required by:
(1) The board; or
(2) The provisions of Nevada Revised Statutes ,
which apply to county sheriffs.
3. The sheriff [shall not be] is not answerable upon his official bond for the conduct of deputies appointed [under] pursuant to the provisions of this charter, but the board may require of such deputies such bonds as it may deem proper.
4. The sheriff is entitled to an annual salary in the amount specified in NRS 245.043. The sheriff shall not engage in any other business or occupation [.] that creates a conflict of interest between his personal interest in the business or occupation and his official duties.
Sec. 9. Section 3.070 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, as last amended by chapter 58, Statutes of Nevada 1981, at page 152, is hereby amended to read as follows:
Sec. 3.070 District attorney: Duties; salary.
1. The provisions of chapter 252 of NRS apply to the office of district attorney for Carson City but:
(a) All deputy district attorneys serve at the pleasure of the district attorney; and
(b) Deputy district attorneys shall not engage in the private practice of law after July 1, 1979.
2. The district attorney shall perform such other duties as may be [imposed by the board or by] required by:
(a) The board; or
(b) The provisions of Nevada Revised Statutes ,
which apply to county district attorneys.
3. The district attorney may, subject to the approval of the board, contract for the services of special deputy district attorneys.
4. The district attorney is entitled to an annual salary in the amount specified in NRS 245.043.
5. The district attorney shall not engage in the private practice of law or any other business or occupation [.] that creates a conflict of interest between his personal interest in the business or occupation and his official duties.
κ1999 Statutes of Nevada, Page 1411 (CHAPTER 341, AB 539)κ
Sec. 10. 1. This section and sections 1, 2, and 4 to 9, inclusive, of this act become effective on October 1, 1999.
2. Section 3 of this act becomes effective on January 1, 2001.
________
Assembly Bill No. 543Committee on Judiciary
CHAPTER 342
AN ACT relating to firearms; providing that certain lawsuits against a manufacturer or dealer of firearms or ammunition or a trade association related to firearms or ammunition by a governmental entity may be brought only by the State of Nevada; and providing other matters properly relating thereto.
[Approved May 28, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 12 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 2, the State of Nevada is the only governmental entity in this state that may commence a lawsuit against a manufacturer or distributor of a firearm or ammunition or a trade association related to firearms or ammunition for damages, abatement or injunctive relief resulting from or relating to the lawful design or manufacture of a firearm or ammunition or the marketing or sale of a firearm or ammunition to the public.
2. The provisions of this section do not prohibit a county, city, local government or other political subdivision of this state or an agency thereof from commencing a lawsuit against a manufacturer or distributor of a firearm or ammunition for breach of contract or warranty concerning a firearm or ammunition purchased by the county, city, local government or other political subdivision of this state or agency thereof.
Sec. 2. The amendatory provisions of this act apply to a lawsuit that is commenced on or after the effective date of this act.
Sec. 3. This act becomes effective upon passage and approval.
________
κ1999 Statutes of Nevada, Page 1412κ
Assembly Bill No. 583Committee on Judiciary
CHAPTER 343
AN ACT relating to gaming; revising the public policy of this state concerning gaming to clarify that it applies to gaming establishments which hold restricted or nonrestricted licenses; and providing other matters properly relating thereto.
[Approved May 28, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 463.0129 is hereby amended to read as follows:
463.0129 1. The legislature hereby finds, and declares to be the public policy of this state, that:
(a) The gaming industry is vitally important to the economy of the state and the general welfare of the inhabitants.
(b) The continued growth and success of gaming is dependent upon public confidence and trust that licensed gaming and the manufacture, sale and distribution of gaming devices and associated equipment are conducted honestly and competitively, that establishments which hold restricted and nonrestricted licenses where gaming is conducted and where gambling devices are operated do not unduly impact the quality of life enjoyed by residents of the surrounding neighborhoods, that the rights of the creditors of licensees are protected and that gaming is free from criminal and corruptive elements.
(c) Public confidence and trust can only be maintained by strict regulation of all persons, locations, practices, associations and activities related to the operation of licensed gaming establishments, the manufacture, sale or distribution of gaming devices and associated equipment and the operation of inter-casino linked systems.
(d) All establishments where gaming is conducted and where gaming devices are operated, and manufacturers, sellers and distributors of certain gaming devices and equipment, and operators of inter-casino linked systems must therefore be licensed, controlled and assisted to protect the public health, safety, morals, good order and general welfare of the inhabitants of the state, to foster the stability and success of gaming and to preserve the competitive economy and policies of free competition of the State of Nevada.
(e) To ensure that gaming is conducted honestly, competitively and free of criminal and corruptive elements, all gaming establishments in this state must remain open to the general public and the access of the general public to gaming activities must not be restricted in any manner except as provided by the legislature.
2. No applicant for a license or other affirmative commission approval has any right to a license or the granting of the approval sought. Any license issued or other commission approval granted pursuant to the provisions of this chapter or chapter 464 of NRS is a revocable privilege, and no holder acquires any vested right therein or thereunder.
3. This section does not:
κ1999 Statutes of Nevada, Page 1413 (CHAPTER 343, AB 583)κ
(a) Abrogate or abridge any common law right of a gaming establishment to exclude any person from gaming activities or eject any person from the premises of the establishment for any reason; or
(b) Prohibit a licensee from establishing minimum wagers for any gambling game or slot machine.
Sec. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 590Committee on Government Affairs
CHAPTER 344
AN ACT relating to the City of North Las Vegas; revising the provisions of the North Las Vegas City Charter regarding the election of city councilmen; and providing other matters properly relating thereto.
[Approved May 28, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. The charter of the City of North Las Vegas, being chapter 573, Statutes of Nevada 1971, at 1210, is hereby amended by adding thereto a new section to be designated as section 1.045, immediately following section 1.040, to read as follows:
Sec. 1.045 Wards: Creation; Boundaries.
1. The city must be divided into four wards which must be as nearly equal in population as practicable, and each of which must be composed entirely of contiguous territory.
2. The boundaries of the wards must be established and changed by ordinance. Except as otherwise provided in subsection 3, the boundaries of the wards must be changed whenever the population, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, in any ward exceeds the population in any other ward by more than 5 percent.
3. The boundaries of the wards must not be changed, except to accommodate an annexation of territory to the city, during the period beginning 30 days immediately preceding the last day for filing a declaration of candidacy for a municipal election and ending on the date of the election.
Sec. 2. Section 2.010 of the charter of the City of North Las Vegas, being chapter 573, Statutes of Nevada 1971, as last amended by chapter 215, Statutes of Nevada 1997, at page 748, is hereby amended to read as follows:
Sec. 2.010 City council: Qualifications; election; term of office; salary.
1. The legislative power of the city is vested in a city council consisting of four councilmen and a mayor.
2. The mayor [and councilmen]
must be:
κ1999 Statutes of Nevada, Page 1414 (CHAPTER 344, AB 590)κ
(a) [Bona fide residents] A bona fide resident of the city for at least 6 months immediately preceding [their election.
(b) Qualified electors] his election.
(b) A qualified elector within the city.
3. Each councilman:
(a) Must be a qualified elector who has resided in the ward which he represents for at least 30 days immediately preceding the last day for filing a declaration of candidacy for his office.
(b) Must continue to live in the ward he represents, except that changes in ward boundaries made pursuant to section 1.045 of this charter will not affect the right of any elected councilman to continue in office for the term for which he was elected.
4. At the time of filing, if so
required by an ordinance duly enacted, candidates for the office of mayor and
councilman shall produce evidence in satisfaction of any or all of the
qualifications provided in subsection 2 [.
4.] or 3, whichever is applicable.
5. All councilmen, including the mayor, must be voted upon by the registered voters of the city at large, and their terms of office are 4 years.
[5.] 6. The mayor and councilmen are entitled to receive a salary in an amount fixed by the city council.
Sec. 3. Section 5.020 of the charter of the City of North Las Vegas, being chapter 573, Statutes of Nevada 1971, as last amended by chapter 215, Statutes of Nevada 1997, at page 748, is hereby amended to read as follows:
Sec. 5.020 Primary municipal elections; declaration of candidacy.
1. The city council shall provide by ordinance for candidates for elective office to declare their candidacy and file the necessary documents. The seats for city councilmen must be designated by the numbers one through four which number must correspond with the wards the candidates for city councilmen will seek to represent the office of city councilman shall include in his declaration of candidacy the number of the ward which he seeks to represent. Each candidate for city council must be designated as a candidate for the city council seat that corresponds with the ward that he seeks to represent.
2. If for any general municipal election there are three or more candidates for the offices of mayor or municipal judge, or [five or more candidates for the office of councilman,] for a particular city council seat, a primary election for any such office must be held on the Tuesday following the first Monday in May preceding the general election.
3. Except as otherwise provided in [subsections 4 and 5,] subsection 4, after the primary election, the names of the two candidates for mayor , [and] municipal judge and [the names of the four candidates for city councilman] each city council seat who receive the highest number of votes must be placed on the ballot for the general election.
κ1999 Statutes of Nevada, Page 1415 (CHAPTER 344, AB 590)κ
receive the highest number of votes must be placed on the ballot for the general election.
4. If one of the candidates for mayor , [or] municipal judge or a city council seat receives a majority of the total votes cast for that office in the primary election, he shall be declared elected to office and his name must not appear on the ballot for the general election.
[5. If a candidate for city council receives votes equal to a majority of voters casting ballots in the primary election:
(a) He shall be declared elected to one of the open seats on the city council and his name must not appear on the ballot for the general election.
(b) Unless all the open seats were filled pursuant to paragraph (a), the names of those candidates who received the highest number of votes but did not receive a number of votes equal to a majority of the voters casting ballots in the primary election, not to exceed twice the number of candidates remaining to be elected, must be placed on the ballot for the general election.]
Sec. 4. The city council shall, on or before January 1, 2000, establish the boundaries of the wards pursuant to the amendatory provisions of section 1 of this act. The amendatory provisions of sections 2 and 3 of this act apply initially to the candidates for city council seats in the municipal election held in 2001.
________
Assembly Bill No. 591Committee on Government Affairs
CHAPTER 345
AN ACT relating to state purchasing; requiring the chief of the purchasing division of the department of administration to assess fees for the use of the procurement and inventory services of the purchasing division; and providing other matters properly relating thereto.
[Approved May 28, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 333.450 is hereby amended to read as follows:
333.450 1. All claims for supplies, materials , [and] equipment and services purchased pursuant to the provisions of this chapter must, when approved by the chief, be audited and paid in the same manner as other claims against the state are required to be audited and paid.
2. The [amount of administrative and handling charges must be determined by the chief in each case, but must not exceed a uniform percentage basis charge between departments or using agencies.
3. The amount receivable from each using agency to which supplies, material or equipment is delivered must include:
(a) The cost to the division of the items delivered; and
(b) The charges as determined pursuant to subsection 2.] chief shall annually assess each using agency a fee for the procurement and inventory services provided by the purchasing division to the using agency.
κ1999 Statutes of Nevada, Page 1416 (CHAPTER 345, AB 591)κ
services provided by the purchasing division to the using agency. The fee must be based on the using agencys use of the procurement and inventory services of the purchasing division during preceding years. The chief shall adjust the formula for calculating the fee each biennium.
3. If an agency is not a using agency, the chief shall assess a fee of not more than the cost to the division to process the order for the agency.
4. The chief may adopt regulations to carry out the provisions of this section.
Sec. 2. NRS 333.460 is hereby amended to read as follows:
333.460 Within 5 working days after the receipt of supplies, materials and equipment , [from the state purchasing fund,] each state officer, department, institution, board, commission or agency shall authorize the state controller to draw money by transfer or warrant from the using agencys account [as determined pursuant to subsection 3 of NRS 333.450 for the transfer to or placement in the state purchasing fund.] for payment of the claim.
Sec. 3. This act becomes effective on July 1, 1999.
________
Assembly Bill No. 599Committee on Government Affairs
CHAPTER 346
AN ACT relating to counties; revising the composition of certain county fair and recreation boards; and providing other matters properly relating thereto.
[Approved May 28, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 244A.603 is hereby amended to read as follows:
244A.603 1. In any county whose population is 400,000 or more, the county fair and recreation board consists of [12] 13 members selected as follows:
(a) Two members by the board of county commissioners from their own number.
(b) Two members by the governing body of the largest incorporated city in the county from their own number.
(c) One member by the governing body of the second largest incorporated city in the county from their own number.
(d) One member by the governing body of the third largest incorporated city in the county from their own number.
(e) One member by the governing body of one of the other incorporated cities in the county from their own number.
(f) [Five] Six members to be appointed by the members
selected pursuant to paragraphs (a) to (e), inclusive [. These]
, of which:
(1) Three members must be selected from a list of nominees submitted by the chamber of commerce of the largest incorporated city in the county. If the nominees so listed are unsatisfactory to the members making the selection, they may, until satisfied, request additional lists of nominees. The members appointed pursuant to this subparagraph must be selected as follows:
κ1999 Statutes of Nevada, Page 1417 (CHAPTER 346, AB 599)κ
members appointed pursuant to this subparagraph must be selected as follows:
[(1) Three]
(I) Two members who are representatives of tourism, at least one of whom must be a representative of the resort hotel business [, at least one of whom is engaged in that business in the central business district of the largest city;
(2)] ; and
(II) One member who is a representative of [motel operators; and
(3) One member who is a representative of] other commercial interests [.] or interests related to tourism.
(2) Three members must be selected from a list of nominees submitted by the association of gaming establishments whose membership in the county collectively paid the most gross revenue fees to the state pursuant to NRS 463.370 in the preceding year. If the nominees so listed are unsatisfactory to the members making the selection, they may, until satisfied, request additional lists of nominees. The members selected pursuant to this subparagraph must be representatives of the resort hotel business, at least one of whom is engaged in that business in the central business district of the largest incorporated city in the county.
2. In order to determine which of the incorporated cities in the county is entitled to the representative provided in paragraph (e) of subsection 1, the board of county commissioners shall at its first meeting after May 1, 1967, draw lots to determine which city will be first represented, which next, and so on. The city first drawn is entitled to representation until July 1, 1968, and each city is entitled thereafter to representation for 1 year, in its proper turn as determined by the original drawing, until July 1, 1975. Commencing July 1, 1975, the city then entitled to representation on the board is entitled to representation for 2 years, and thereafter each city is entitled to representation for 2 years in its proper turn as determined by the original drawing.
3. Any vacancy occurring on a county fair and recreation board must be filled by the authority entitled to appoint the member whose position is vacant.
4. After the initial appointments of members appointed pursuant to paragraph (f) of subsection 1, all members must be appointed for 2-year terms. If any such member ceases to be engaged in the business sector which he was appointed to represent, he ceases to be a member, and another person engaged in that business must be appointed to fill the unexpired term. Any such member may succeed himself.
5. The terms of members appointed pursuant to paragraphs (a) to (d), inclusive, of subsection 1 are coterminous with their terms of office. Any such member may succeed himself.
Sec. 2. The term of each member of the county fair and recreation board who was appointed pursuant to paragraph (f) of subsection 1 of NRS 244A.603 and holds office on June 30, 1999, expires on June 30, 1999. On or before July 1, 1999, the members of the county fair and recreation board selected pursuant to paragraphs (a) to (e), inclusive, of subsection 1 of NRS 244A.603 shall appoint to the county fair and recreation board in accordance with the amendatory provisions of this act:
κ1999 Statutes of Nevada, Page 1418 (CHAPTER 346, AB 599)κ
244A.603 shall appoint to the county fair and recreation board in accordance with the amendatory provisions of this act:
1. One member pursuant to subparagraph (1) of paragraph (f) of subsection 1 of NRS 244A.603 to an initial term that begins on July 1, 1999, and expires on June 30, 2000.
2. Two members pursuant to subparagraph (1) of paragraph (f) of subsection 1 of NRS 244A.603 to initial terms that begin on July 1, 1999, and expire on June 30, 2001.
3. One member pursuant to subparagraph (2) of paragraph (f) of subsection 1 of NRS 244A.603 to an initial term that begins on July 1, 1999, and expires on June 30, 2000.
4. Two members pursuant to subparagraph (2) of paragraph (f) of subsection 1 of NRS 244A.603 to initial terms that begin on July 1, 1999, and expire on June 30, 2001.
Sec. 3. This act becomes effective on July 1, 1999.
________
Assembly Bill No. 637Committee on Government Affairs
CHAPTER 347
AN ACT relating to the charter of the City of Las Vegas; revising provisions governing the description of the territory of the City of Las Vegas; placing the city auditor under the direction and supervision of the city council; and providing other matters properly relating thereto.
[Approved May 28, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 1.120 of the charter of the City of Las Vegas, being chapter 517, Statutes of Nevada 1983, at page 1392, is hereby amended to read as follows:
Sec. 1.120 Incorporation of city; description of territory.
1. All persons who are inhabitants of that portion of the state which is embraced within the limits set forth in subsection 2 [of this charter] constitute a political and corporate body by the name of City of Las Vegas, and by that name they and their successors must be known in law and have perpetual succession.
2. The territory which is embraced in the city is that certain land which is described in the official plat which is required by NRS 234.250 to be filed with the county recorder and county assessor, as [this plat is] the plat may be revised from time to time . [pursuant to NRS 268.600.]
κ1999 Statutes of Nevada, Page 1419 (CHAPTER 347, AB 637)κ
Sec. 2. Section 3.170 of the charter of the City of Las Vegas, being chapter 517, Statutes of Nevada 1983, at page 1410, is hereby amended to read as follows:
Sec. 3.170 City auditor: Duties.
1. The [director of financial management may recommend, for appointment by the city manager, a city auditor.] city council shall appoint a city auditor and fix the salary of that office.
2. The city auditor shall report directly to the city council, or to a committee designated by the city council, and shall perform such duties as may be designated by the [director of financial management] city council or prescribed by ordinance.
Sec. 3. Section 3.180 of the charter of the City of Las Vegas, being chapter 517, Statutes of Nevada 1983, as amended by chapter 45, Statutes of Nevada 1991, at page 93, is hereby amended to read as follows:
Sec. 3.180 Appointive officers: Qualification; duties restricted and altered.
1. The city council may prescribe by ordinance the qualifications, powers and duties of all appointive officers of the city, if those qualifications, powers and duties have not been established by this charter, and may add to, alter or restrict those qualifications, powers and duties from time to time.
2. The city manager may designate additional qualifications, powers and duties of all of the appointive city officers, except the city attorney [,] and city auditor, which are not in conflict with the provisions of this charter or any ordinance which prescribes those qualifications, powers and duties, as he deems necessary or appropriate , and may add to, alter or restrict those qualifications, powers and duties from time to time.
Sec. 4. Section 3.210 of the charter of the City of Las Vegas, being chapter 517, Statutes of Nevada 1983, as amended by chapter 45, Statutes of Nevada 1991, at page 94, is hereby amended to read as follows:
Sec. 3.210 Appointive officers: Removal.
1. Except as otherwise provided in subsection 2, each appointive officer serves at the pleasure of the city manager and may be removed by him at any time, subject to ratification by the city council.
2. The city attorney [serves] and city auditor serve at the pleasure of the city council and may be removed by an affirmative vote of a majority of the entire membership of the city council at any time.
Sec. 5. Section 3.220 of the charter of the City of Las Vegas, being chapter 517, Statutes of Nevada 1983, as amended by chapter 45, Statutes of Nevada 1991, at page 94, is hereby amended to read as follows:
Sec. 3.220 Appointive officers: Performance of duties; salary.
1. All appointive officers of the city, except the city manager, city attorney , city auditor and the board of civil service trustees, must have such qualifications and powers and shall perform such duties, under the direction of the city manager, as may be designated by the city manager or are prescribed, conferred or imposed by ordinance, this charter or general law.
κ1999 Statutes of Nevada, Page 1420 (CHAPTER 347, AB 637)κ
2. All appointive officers of the city and their deputies, except the city attorney [,] and city auditor, must receive such salary as may be designated by the city manager within the salary ranges which have been established for their respective positions by the city council.
Sec. 6. Section 3.230 of the charter of the City of Las Vegas, being chapter 517, Statutes of Nevada 1983, as amended by chapter 45, Statutes of Nevada 1991, at page 94, is hereby amended to read as follows:
Sec. 3.230 Appointive officers; city managers direction; administration of departments. All departments, offices and agencies, except the city manager, city attorney , city auditor and the board of civil service trustees, are under the general direction and supervision of the city manager and must be administered by an officer who is subject to the immediate direction and supervision of the city manager. With the consent of the city council, the city manager may serve also as the director of one or more departments, offices or agencies and may appoint one person to be the director of two or more departments, offices or agencies.
Sec. 7. This act becomes effective upon passage and approval.
________
Assembly Bill No. 638Committee on Government Affairs
CHAPTER 348
AN ACT relating to state financial administration; providing for the recording in the central accounting system of this state of certain revenue receivable by a state agency; and providing other matters properly relating thereto.
[Approved May 28, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 353 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A state agency that uses an invoicing and billing procedure shall record the revenue receivable from those billings in the central accounting system of this state.
2. As used in this section, state agency means an agency, bureau, board, commission, department, division or any other unit of the executive department of the state government.
Sec. 2. NRS 353.291 is hereby amended to read as follows:
353.291 NRS 353.291 to 353.3245, inclusive, and section 1 of this act may be cited as the State Accounting Procedures Law.
Sec. 3. This act becomes effective upon passage and approval.
________
κ1999 Statutes of Nevada, Page 1421κ
Assembly Bill No. 641Committee on Government Affairs
CHAPTER 349
AN ACT relating to land use planning; authorizing certain cities and counties to represent themselves with respect to certain matters involving the use of federal land; authorizing certain cities and counties to bring and intervene in actions with respect to certain activities of federal agencies and instrumentalities; authorizing the board of county commissioners of Esmeralda, Lincoln or Nye County to create an area or zone for the preservation of a species or subspecies of wildlife that is threatened with extinction and to impose and collect a fee for that purpose; and providing other matters properly relating thereto.
[Approved May 28, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 278 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. A city or county whose governing body has adopted a master plan pursuant to NRS 278.220 may represent its own interests with respect to land and appurtenant resources that are located within the city or county and are affected by policies and activities involving the use of federal land.
Sec. 3. 1. Except as otherwise provided in subsection 2, a city or county whose governing body has adopted a master plan pursuant to NRS 278.220 may:
(a) On its own initiative bring and maintain an action in its own name and on its own behalf; or
(b) Intervene on behalf of or bring and maintain an action on the relation of, any person in any meritorious case,
in any court or before any federal agency, if an action or proposed action by a federal agency or instrumentality with respect to the lands, appurtenant resources or streets that are located within the city or county impairs or tends to impair the traditional functions of the city or county or the carrying out of the master plan.
2. A city or county may not:
(a) Bring and maintain an action pursuant to subsection 1 that would request a court to grant relief that would violate a state statute;
(b) Participate in any proceeding of a federal agency pursuant to subsection 1 to request the federal agency to take any action that would violate a state statute; or
(c) Bring or maintain an action pursuant to subsection 1 on behalf of this state or as representative of the interests of this state or any of its agencies.
Sec. 4. NRS 278.010 is hereby amended to read as follows:
278.010 As used in NRS 278.010 to 278.630, inclusive, and sections 2 and 3 of this act, unless the context otherwise requires, the words and terms defined in NRS 278.0105 to 278.0195, inclusive, have the meanings ascribed to them in those sections.
κ1999 Statutes of Nevada, Page 1422 (CHAPTER 349, AB 641)κ
Sec. 5. NRS 321.735 is hereby amended to read as follows:
321.735 1. The state land use planning agency may represent the interests of the state, its local or regional entities, or its citizens as these interests are affected by policies and activities involving the use of federal land.
2. The provisions of this section do not preclude a city or county whose governing body has adopted a master plan pursuant to NRS 278.220 from representing its own interests in accordance with section 2 of this act.
Sec. 6. 1. The legislature hereby finds and declares that:
(a) Esmeralda, Lincoln and Nye counties contain species and subspecies of wildlife that have been or are likely to be declared endangered or threatened pursuant to the federal Endangered Species Act of 1973, as amended;
(b) These counties are not authorized currently to carry out programs for the preservation of endangered or threatened species or subspecies of wildlife;
(c) The declaration of species and subspecies of wildlife in Esmeralda, Lincoln and Nye counties as endangered or threatened will have a serious adverse effect on the economy of those counties and on the lifestyles of their residents; and
(d) Because a general law cannot be made applicable because of the economic and geographical diversity of these rural counties, it is necessary by special act to provide a means by which Esmeralda, Lincoln and Nye counties may promote the protection of their natural resources while simultaneously protecting their human and financial resources.
2. The board of county commissioners of Esmeralda, Lincoln or Nye County, individually or jointly by interlocal agreement, may by ordinance establish, control, manage and operate or provide money for the establishment, control, management and operation of an area or zone for the preservation of a species or subspecies of wildlife that has been declared endangered or threatened pursuant to the federal Endangered Species Act of 1973, as amended. In addition, the board of county commissioners, in cooperation with the responsible state and federal agencies, may encourage in any other manner the preservation of those species or subspecies or any species or subspecies of wildlife in the county which have been determined by the board of county commissioners to be likely to have a significant impact upon the economy and lifestyles of the residents of the county if listed as endangered or threatened, including, without limitation, the expenditure for this purpose of money collected pursuant to subsection 3 or the participation in an agreement made pursuant to NRS 503.589. The board of county commissioners may purchase, sell, exchange or lease real property, personal property, water rights, grazing permits and other interests in such property for this purpose, pursuant to such reasonable regulations as the board of county commissioners may establish. If any such property, rights or other interests are purchased from a nonprofit organization, the board of county commissioners may reimburse the organization for its cost of acquisition, not to exceed its appraised value, and any interest, carrying costs, direct expenses and reasonable overhead charges.
κ1999 Statutes of Nevada, Page 1423 (CHAPTER 349, AB 641)κ
3. The board of county commissioners may, by ordinance, impose a reasonable fee of not more than $550 per acre on the construction of a structure or the grading of land in the unincorporated areas of the county for the expense of carrying out the provisions of subsection 2. Except as otherwise provided in this subsection, the fee must be collected at the same time and in the same manner as the fee for the issuance of a building permit collected pursuant to NRS 278.580. If a county does not issue building permits in all areas of the county, the fee must be collected before the construction of a structure or the grading of land in an area of the county in which the county does not issue building permits.
4. If a fee is imposed pursuant to subsection 3, the board of county commissioners shall create an enterprise fund exclusively for fees collected pursuant to subsection 3. Any interest or other income earned on the money in the fund, after deducting any applicable charges, must be credited to the fund. The money in the fund may only be used to pay the actual direct costs of the program or programs established pursuant to subsection 2.
Sec. 7. This act becomes effective upon passage and approval.
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Assembly Bill No. 646Committee on Judiciary
CHAPTER 350
AN ACT relating to gaming; changing the deadline for collection of the annual excise tax on slot machines; clarifying a provision governing the issuance and expiration of a manufacturers, sellers or distributors license; and providing other matters properly relating thereto.
[Approved May 28, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 463.385 is hereby amended to read as follows:
463.385 1. In addition to any other license fees and taxes imposed by this chapter, there is hereby imposed upon each slot machine operated in this state an annual excise tax of $250. If a slot machine is replaced by another, the replacement is not considered a different slot machine for the purpose of imposing this tax.
2. The commission shall:
(a) Collect the tax annually on or before June [20,] 30, as a condition precedent to the issuance of a state gaming license to operate any slot machine for the ensuing fiscal year beginning July 1, from a licensee whose operation is continuing.
(b) Collect the tax in advance from a licensee who begins operation or puts additional slot machines into play during the fiscal year, prorated monthly after July 31.
(c) Include the proceeds of the tax in its reports of state gaming taxes collected.
κ1999 Statutes of Nevada, Page 1424 (CHAPTER 350, AB 646)κ
3. Any other person, including, without limitation, an operator of an inter-casino linked system, who is authorized to receive a share of the revenue from any slot machine that is operated on the premises of a licensee is liable to the licensee for that persons proportionate share of the license fees paid by the licensee pursuant to this section and shall remit or credit the full proportionate share to the licensee on or before the dates set forth in subsection 2. A licensee is not liable to any other person authorized to receive a share of the licensees revenue from any slot machine that is operated on the premises of a licensee for that persons proportionate share of the license fees to be remitted or credited to the licensee by that person pursuant to this section.
4. The commission shall pay over the tax as collected to the state treasurer to be deposited to the credit of the state distributive school account in the state general fund, and the capital construction fund for higher education and the special capital construction fund for higher education, which are hereby created in the state treasury as special revenue funds, in the amounts and to be expended only for the purposes specified in this section.
5. During each fiscal year , the state treasurer shall deposit the tax paid over to him by the commission as follows:
(a) The first $5,000,000 of the tax in the capital construction fund for higher education;
(b) Twenty percent of the tax in the special capital construction fund for higher education; and
(c) The remainder of the tax in the state distributive school account in the state general fund.
6. There is hereby appropriated from the balance in the special capital construction fund for higher education on July 31 of each year the amount necessary to pay the principal and interest due in that fiscal year on the bonds issued pursuant to section 5 of chapter 679, Statutes of Nevada 1979, as amended by chapter 585, Statutes of Nevada 1981, at page 1251, the bonds authorized to be issued by section 2 of chapter 643, Statutes of Nevada 1987, at page 1503, the bonds authorized to be issued by section 2 of chapter 614, Statutes of Nevada 1989, at page 1377, the bonds authorized to be issued by section 2 of chapter 718, Statutes of Nevada 1991, at page 2382, and the bonds authorized to be issued by section 2 of chapter 629, Statutes of Nevada 1997, at page 3106. If in any year the balance in that fund is not sufficient for this purpose, the remainder necessary is hereby appropriated on July 31 from the capital construction fund for higher education. The balance remaining unappropriated in the capital construction fund for higher education on August 1 of each year and all amounts received thereafter during the fiscal year must be transferred to the state general fund for the support of higher education. If bonds described in this subsection are refunded and if the amount required to pay the principal of and interest on the refunding bonds in any fiscal year during the term of the bonds is less than the amount that would have been required in the same fiscal year to pay the principal of and the interest on the original bonds if they had not been refunded, there is appropriated to the University and Community College System of Nevada an amount sufficient to pay the principal of and interest on the original bonds, as if they had not been refunded. The amount required to pay the principal of and interest on the refunding bonds must be used for that purpose from the amount appropriated.
κ1999 Statutes of Nevada, Page 1425 (CHAPTER 350, AB 646)κ
and interest on the refunding bonds must be used for that purpose from the amount appropriated. The amount equal to the saving realized in that fiscal year from the refunding must be used by the University and Community College System of Nevada to defray, in whole or in part, the expenses of operation and maintenance of the facilities acquired in part with the proceeds of the original bonds.
7. After the requirements of subsection 6 have been met for each fiscal year, when specific projects are authorized by the legislature, money in the capital construction fund for higher education and the special capital construction fund for higher education must be transferred by the state controller and the state treasurer to the state public works board for the construction of capital improvement projects for the University and Community College System of Nevada, including, but not limited to, capital improvement projects for the community colleges of the University and Community College System of Nevada. As used in this subsection, construction includes, but is not limited to, planning, designing, acquiring and developing a site, construction, reconstruction, furnishing, equipping, replacing, repairing, rehabilitating, expanding and remodeling. Any money remaining in either fund at the end of a fiscal year does not revert to the state general fund but remains in those funds for authorized expenditure.
8. The money deposited in the state distributive school account in the state general fund under this section must be apportioned as provided in NRS 387.030 among the several school districts of the state at the times and in the manner provided by law.
9. The board of regents of the University of Nevada may use any money in the capital construction fund for higher education and the special capital construction fund for higher education for the payment of interest and amortization of principal on bonds and other securities, whether issued before, on or after July 1, 1979, to defray in whole or in part the costs of any capital project authorized by the legislature.
Sec. 2. NRS 463.660 is hereby amended to read as follows:
463.660 1. The commission shall charge and collect from each applicant a fee of:
(a) For the issuance or renewal of a manufacturers license, $1,000.
(b) For the issuance or renewal of a sellers or distributors license, $500.
2. All licenses must be issued for the calendar year beginning on January 1 and [expire] expiring on December 31. If the operation is continuing, the commission shall charge and collect the fee prescribed by subsection 1 on or before December 31 for the ensuing calendar year. Regardless of the date of application or issuance of the license, the fee to be charged and collected under this section is the full annual fee.
3. All license fees collected pursuant to this section must be paid over immediately to the state treasurer to be deposited to the credit of the state general fund.
Sec. 3. This act becomes effective upon passage and approval.
________
κ1999 Statutes of Nevada, Page 1426κ
Senate Bill No. 10Committee on Human Resources and Facilities
CHAPTER 351
AN ACT relating to health care; requiring the department of human resources to take certain actions to increase the enrollment of and health care services provided to Indian children in the childrens health insurance program; establishing an advisory committee to provide advice and recommendations to the Nevada Indian commission concerning the childrens health insurance program as it relates to Indian children; and providing other matters properly relating thereto.
[Approved May 28, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 422 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. Childrens health insurance program means the program established pursuant to 42 U.S.C. §§ 1397aa to 1397jj, inclusive, to provide health insurance for uninsured children from low-income families in this state.
Sec. 3. The department shall:
1. Seek the assistance of and cooperate with Indian tribes, tribal organizations and organizations that collaborate with Indian tribes to identify Indian children who may be eligible to enroll in the childrens health insurance program and facilitate the enrollment of such children in the childrens health insurance program;
2. Upon determining that an Indian child is eligible for the childrens health insurance program, immediately take any necessary action to enroll the child in the childrens health insurance program; and
3. Contract with the Indian Health Service and tribal clinics that provide health care services to Indians to provide health care services to Indian children who are enrolled in the childrens health insurance program.
Sec. 4. NRS 422.001 is hereby amended to read as follows:
422.001 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 422.010 to 422.055, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.
Sec. 5. NRS 422.001 is hereby amended to read as follows:
422.001 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 422.005 to 422.055, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.
Sec. 6. NRS 422.050 is hereby amended to read as follows:
422.050 1. Public assistance includes:
[1.] (a) State supplementary assistance;
[2.] (b) Temporary assistance for needy families;
[3.] (c) Medicaid;
[4.] (d) Food stamp assistance;
[5.] (e) Low-income home energy assistance;
[6.] (f) The program for child care and development; and
κ1999 Statutes of Nevada, Page 1427 (CHAPTER 351, SB 10)κ
[7.] (g) Benefits provided pursuant to any other public welfare program administered by the welfare division or the division of health care financing and policy pursuant to such additional federal legislation as is not inconsistent with the purposes of this chapter.
2. The term does not include the childrens health insurance program.
Sec. 7. NRS 422.050 is hereby amended to read as follows:
422.050 1. Public assistance includes:
[1.] (a) State supplementary assistance;
[2.] (b) Temporary assistance for needy families;
[3.] (c) Medicaid;
[4.] (d) Food stamp assistance;
[5.] (e) Low-income home energy assistance;
[6.] (f) The program for child care and development; and
[7.] (g) Benefits provided pursuant to any other public welfare program administered by the welfare division pursuant to such additional federal legislation as is not inconsistent with the purposes of this chapter.
2. The term does not include the childrens health insurance program.
Sec. 8. NRS 422.240 is hereby amended to read as follows:
422.240 1. Money to carry out the provisions of NRS 422.001 to 422.410, inclusive, and sections 2 and 3 of this act and NRS 422.580, including, without limitation, any federal money allotted to the State of Nevada pursuant to the program to provide temporary assistance for needy families and the program for child care and development, must be provided by appropriation by the legislature from the state general fund.
2. Disbursements for the purposes of NRS 422.001 to 422.410, inclusive, and sections 2 and 3 of this act and NRS 422.580 must be made upon claims duly filed, audited and allowed in the same manner as other money in the state treasury is disbursed.
Sec. 9. NRS 422.270 is hereby amended to read as follows:
422.270 The department shall:
1. Administer all public welfare programs of this state, including:
(a) State supplementary assistance;
(b) Temporary assistance for needy families;
(c) Medicaid;
(d) Food stamp assistance;
(e) Low-income home energy assistance;
(f) The program for child care and development;
(g) The program for the enforcement of child support; [and]
(h) The childrens health insurance program; and
(i) Other welfare activities and services provided for by the laws of this state.
2. Act as the single state agency of the State of Nevada and its political subdivisions in the administration of any federal money granted to the [state] State of Nevada to aid in the furtherance of any of the services and activities set forth in subsection 1.
3. Cooperate with the Federal Government in adopting state plans, in all matters of mutual concern, including adoption of methods of administration found by the Federal Government to be necessary for the efficient operation of welfare programs, and in increasing the efficiency of welfare programs by prompt and judicious use of new federal grants which will assist the department in carrying out the provisions of this chapter.
κ1999 Statutes of Nevada, Page 1428 (CHAPTER 351, SB 10)κ
prompt and judicious use of new federal grants which will assist the department in carrying out the provisions of this chapter.
4. Observe and study the changing nature and extent of welfare needs and develop through tests and demonstrations effective ways of meeting those needs and employ or contract for personnel and services supported by legislative appropriations from the state general fund or money from federal or other sources.
5. Enter into reciprocal agreements with other states relative to public assistance, welfare services and institutional care, when deemed necessary or convenient by the director.
6. Make such agreements with the Federal Government as may be necessary to carry out the supplemental security income program.
Sec. 10. NRS 422.270 is hereby amended to read as follows:
422.270 The department, through the welfare division, shall:
1. Except as otherwise provided in NRS 432.010 to 432.085, inclusive, administer all public welfare programs of this state, including:
(a) State supplementary assistance;
(b) Temporary assistance for needy families;
(c) Medicaid;
(d) Food stamp assistance;
(e) Low-income home energy assistance;
(f) The program for child care and development;
(g) The program for the enforcement of child support; [and]
(h) The childrens health insurance program; and
(i) Other welfare activities and services provided for by the laws of this state.
2. Act as the single state agency of the State of Nevada and its political subdivisions in the administration of any federal money granted to the [state] State of Nevada to aid in the furtherance of any of the services and activities set forth in subsection 1.
3. Cooperate with the Federal Government in adopting state plans, in all matters of mutual concern, including adoption of methods of administration found by the Federal Government to be necessary for the efficient operation of welfare programs, and in increasing the efficiency of welfare programs by prompt and judicious use of new federal grants which will assist the welfare division in carrying out the provisions of NRS 422.070 to 422.410, inclusive [.] , and section 3 of this act.
4. Observe and study the changing nature and extent of welfare needs and develop through tests and demonstrations effective ways of meeting those needs and employ or contract for personnel and services supported by legislative appropriations from the state general fund or money from federal or other sources.
5. Enter into reciprocal agreements with other states relative to public assistance, welfare services and institutional care, when deemed necessary or convenient by the administrator.
6. Make such agreements with the Federal Government as may be necessary to carry out the supplemental security income program.
κ1999 Statutes of Nevada, Page 1429 (CHAPTER 351, SB 10)κ
Sec. 11. Chapter 233A of NRS is hereby amended by adding thereto the provisions set forth as sections 12 to 17, inclusive, of this act.
Sec. 12. As used in sections 12 to 17, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 13 and 14 of this act have the meanings ascribed to them in those sections.
Sec. 13. Advisory committee means the advisory committee concerning the childrens health insurance program created pursuant to section 15 of this act.
Sec. 14. Childrens health insurance program has the meaning ascribed to it in section 2 of this act.
Sec. 15. 1. There is hereby created in the commission the advisory committee concerning the childrens health insurance program. The advisory committee consists of:
(a) One member who is the chairman of a tribal council or chief of a Nevada Indian tribe and is appointed by the governing body of a unit of the Indian Health Service that is designated to serve the health care needs of Indians in the eastern portion of this state. The appointed member may designate a representative to serve in his absence.
(b) One member who is the chairman of a tribal council or chief of a Nevada Indian tribe and is appointed by the governing body of a unit of the Indian Health Service that is designated to serve the health care needs of Indians in the western portion of this state. The appointed member may designate a representative to serve in his absence.
(c) One member who is appointed by the Inter-Tribal Council of Nevada, Inc.
(d) One member who is appointed by the governing board of an organization that is partially funded by the Indian Health Service and which specifically serves the health care needs of Indians in each county whose population is more than 100,000, but less than 400,000.
(e) One member who is appointed by the governing board of an organization that is partially funded by the Indian Health Service and which specifically serves the health care needs of Indians in each county whose population is 400,000 or more.
2. Each member serves a term of 2 years. A member may be reappointed for additional terms of 2 years in the same manner as the original appointment.
3. A vacancy occurring in the membership of the advisory committee must be filled in the same manner as the original appointment.
4. The advisory committee shall meet at least twice annually.
5. At its first meeting and annually thereafter, the advisory committee shall elect a chairman from among its members.
Sec. 16. 1. Each member of the advisory committee serves without compensation.
2. Each member of the advisory committee who is an employee of the State of Nevada or a local government 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 local governmental entity shall not require an employee who is a member of the advisory committee to make up the time that he is absent from work or to take annual vacation or compensatory time for the time that he is absent from work to carry out his duties as a member of the advisory committee.
κ1999 Statutes of Nevada, Page 1430 (CHAPTER 351, SB 10)κ
an employee who is a member of the advisory committee to make up the time that he is absent from work or to take annual vacation or compensatory time for the time that he is absent from work to carry out his duties as a member of the advisory committee.
Sec. 17. 1. The advisory committee shall:
(a) Provide written reports, analysis and advice to the commission on matters related to the childrens health insurance program, including, without limitation, matters related to the enrollment of Indian children in the program, outreach efforts to raise awareness about the program among Indians and other matters concerning the program which affect Indians; and
(b) Make written recommendations concerning those matters to the commission.
2. The commission shall:
(a) Consider the advice and recommendations of the advisory committee and make any appropriate written recommendations to the director of the department of human resources as a result of this review; and
(b) Provide the necessary staff to assist the advisory committee in performing its duties, including, without limitation, staff to assist in preparing written reports and analysis pursuant to subsection 1.
Sec. 18. 1. This section and sections 1 to 4, inclusive, 6, 8, 9 and 11 to 17, inclusive, of this act become effective upon passage and approval.
2. Sections 4, 6, 8 and 9 of this act expire by limitation on June 30, 1999.
3. Sections 5, 7 and 10 of this act become effective at 12:01 a.m. on July 1, 1999.
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Senate Bill No. 21Committee on Human Resources and Facilities
CHAPTER 352
AN ACT relating to education; making various changes regarding the administration, required reporting and security of the achievement and proficiency examinations administered to pupils in public schools; providing administrative penalties for breaches of the security or confidentiality of the achievement and proficiency examinations; and providing other matters properly relating thereto.
[Approved May 28, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 389.015 is hereby amended to read as follows:
389.015 1. The board of trustees of each school district shall administer examinations in all public schools of the school district. The governing body of a charter school shall administer the same examinations in the charter school. The examinations administered by the board of trustees and governing body must determine the achievement and proficiency of pupils in:
(a) Reading;
(b) Writing;
κ1999 Statutes of Nevada, Page 1431 (CHAPTER 352, SB 21)κ
(c) Mathematics; and
(d) Science.
2. The examinations required by subsection 1 must be:
(a) Administered before the completion of grades 4, 8, 10 and 11.
(b) Administered in each school district and each charter school at the same time. The time for the administration of the examinations must be prescribed by the state board.
(c) Administered in each school in accordance with uniform procedures adopted by the state board. The department shall monitor the compliance of school districts and individual schools with the uniform procedures.
(d) Scored by the department or a single private entity that has contracted with the state board to score the examinations. If a private entity scores the examinations, it shall report the results of the examinations in the form and by the date required by the department.
3. Not more than 14 working days after the results of the examinations are reported to the department by a private entity that scored the examinations or the department completes the scoring of the examinations, the superintendent of public instruction shall certify that the results of the examinations have been transmitted to each school district and each charter school. Not more than 10 working days after a school district receives the results of the examinations, the superintendent of [public instruction] schools of the school district shall certify that the results of the examinations have been transmitted to each school within the school district. Not more than [10] 15 working days after each school receives the results of the examinations, the principal of each school and the governing body of each charter school shall certify that the results for each pupil have been provided to the parent or legal guardian of the pupil:
(a) During a conference between the teacher of the pupil or administrator of the school and the parent or legal guardian of the pupil; or
(b) By mailing the results of the examinations to the last known address of the parent or legal guardian of the pupil.
4. Different standards of proficiency may be adopted for pupils with diagnosed learning disabilities. If a pupil with a disability is unable to take an examination under regular testing conditions or with modifications and accommodations that are approved by the publisher of the examination, the pupil may take the examination with modifications and accommodations approved by the state board pursuant to subsection 8. The results of such an examination must not be reported pursuant to subsection 2 of NRS 389.017. If different standards of proficiency are adopted or other modifications or accommodations are made in the administration of the examinations for a pupil who is enrolled in a program of special education pursuant to NRS 388.440 to 388.520, inclusive, other than a gifted and talented pupil, the different standards adopted or other modifications or accommodations must be set forth in the pupils program of special education developed in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., and the standards prescribed by the state board.
κ1999 Statutes of Nevada, Page 1432 (CHAPTER 352, SB 21)κ
5. If a pupil fails to demonstrate at least adequate achievement on the examination administered before the completion of grade 4, 8 or 10, he may be promoted to the next higher grade, but the results of his examination must be evaluated to determine what remedial study is appropriate. If such a pupil is enrolled at a school that has been designated as demonstrating inadequate achievement pursuant to NRS 385.367 the pupil must, in accordance with the requirements set forth in this subsection, complete a program of remedial study pursuant to NRS 385.389.
6. If a pupil fails to pass the proficiency examination administered before the completion of grade 11, he must not be graduated until he is able, through remedial study, to pass the proficiency examination, but he may be given a certificate of attendance, in place of a diploma, if he has reached the age of 17 years.
7. The state board shall prescribe standard examinations of achievement and proficiency to be administered pursuant to subsection 1. The examinations on reading, mathematics and science prescribed for grades 4, 8 and 10 must be selected from examinations created by private entities and administered to a national reference group, and must allow for a comparison of the achievement and proficiency of pupils in grades 4, 8 and 10 in this state to that of a national reference group of pupils in grades 4, 8 and 10. The questions contained in the examinations and the approved answers used for grading them are confidential, and disclosure is unlawful except:
(a) To the extent necessary for administering and evaluating the examinations.
(b) That a disclosure may be made to a [state] :
(1) State officer who is a member of the executive or legislative branch to the extent that it is [related to] necessary for the performance of [that officers duties.] his duties;
(2) Superintendent of schools of a school district to the extent that it is necessary for the performance of his duties;
(3) Director of curriculum of a school district to the extent that it is necessary for the performance of his duties; and
(4) Director of testing of a school district to the extent that it is necessary for the performance of his duties.
(c) That specific questions and answers may be disclosed if the superintendent of public instruction determines that the content of the questions and answers is not being used in a current examination and making the content available to the public poses no threat to the security of the current examination process.
8. The state board shall prescribe, in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., the modifications and accommodations that may be used in the administration of an examination to a pupil with a disability who is unable to take the examination under regular testing conditions or with the modifications and accommodations approved by the publisher of the examination.
Sec. 2. NRS 389.017 is hereby amended to read as follows:
389.017 1. The state board shall prescribe regulations requiring that each board of trustees of a school district and each governing body of a charter school submit to the superintendent of public instruction and the department, in the form and manner prescribed by the superintendent, the results of achievement and proficiency examinations given in the 4th, 8th, 10th and 11th grades to public school pupils of the district and charter schools.
κ1999 Statutes of Nevada, Page 1433 (CHAPTER 352, SB 21)κ
department, in the form and manner prescribed by the superintendent, the results of achievement and proficiency examinations given in the 4th, 8th, 10th and 11th grades to public school pupils of the district and charter schools. The state board shall not include in the regulations any provision which would violate the confidentiality of the test scores of any individual pupil.
2. The results of examinations administered to all pupils must be reported for each school, including, without limitation, each charter school, school district and this state as follows:
(a) The average score of pupils with disabilities for whom different standards of achievement are adopted or other modifications or accommodations are made if [such] :
(1) The modifications or accommodations are approved by the publisher of the examination; and
(2) Such reporting does not violate the confidentiality of the test scores of any individual pupil;
(b) The average score of pupils for whom different standards of achievement were not adopted or other modifications or accommodations were not made; and
(c) The average score of all pupils who were tested [.] , except for pupils with disabilities who took an examination pursuant to subsection 4 of NRS 389.015 with modifications or accommodations that are not approved by the publisher of the examination.
3. On or before November 1 of each year, each school district and each charter school shall report to the department the following information for each examination administered in the public schools in the school district or charter school:
(a) The examination administered;
(b) The grade level or levels of pupils to whom the examination was administered;
(c) The costs incurred by the school district or charter school in administering each examination; and
(d) The purpose, if any, for which the results of the examination are used by the school district or charter school.
On or before December 1 of each year, the department shall transmit to the budget division of the department of administration and the fiscal analysis division of the legislative counsel bureau the information submitted to the department pursuant to this subsection.
4. The superintendent of schools of each school district and the governing body of each charter school shall certify that the number of pupils who took the examinations required pursuant to NRS 389.015 is equal to the number of pupils who are enrolled in each school in the school district or in the charter school who are required to take the examinations except for those pupils who are exempt from taking the examinations. A pupil may be exempt from taking the examinations if:
(a) His primary language is not English and his proficiency in the English language is below the average proficiency of pupils at the same grade level [;] as measured by an assessment of proficiency in the English language prescribed by the state board; or
κ1999 Statutes of Nevada, Page 1434 (CHAPTER 352, SB 21)κ
(b) He is enrolled in a program of special education pursuant to NRS 388.440 to 388.520, inclusive, and his program of special education specifies that he is exempt from taking the examinations.
5. In addition to the information required by subsection 3, the superintendent of public instruction shall:
(a) Report the number of pupils who were not exempt from taking the examinations but were absent from school on the day that the examinations were administered; and
(b) Reconcile the number of pupils who were required to take the examinations with the number of pupils who were exempt from taking the examinations or absent from school on the day that the examinations were administered.
6. The state board shall prescribe an assessment of proficiency in the English language for pupils whose primary language is not English to determine which pupils are exempt from the examinations pursuant to paragraph (a) of subsection 4.
Sec. 3. NRS 391.312 is hereby amended to read as follows:
391.312 1. A teacher may be suspended, dismissed or not reemployed and an administrator may be demoted, suspended, dismissed or not reemployed for the following reasons:
(a) Inefficiency;
(b) Immorality;
(c) Unprofessional conduct;
(d) Insubordination;
(e) Neglect of duty;
(f) Physical or mental incapacity;
(g) A justifiable decrease in the number of positions due to decreased enrollment or district reorganization;
(h) Conviction of a felony or of a crime involving moral turpitude;
(i) Inadequate performance;
(j) Evident unfitness for service;
(k) Failure to comply with such reasonable requirements as a board may prescribe;
(l) Failure to show normal improvement and evidence of professional training and growth;
(m) Advocating overthrow of the Government of the United States or of the State of Nevada by force, violence or other unlawful means, or the advocating or teaching of communism with the intent to indoctrinate pupils to subscribe to communistic philosophy;
(n) Any cause which constitutes grounds for the revocation of a teachers license;
(o) Willful neglect or failure to observe and carry out the requirements of this Title; [or]
(p) Dishonesty [.] ; or
(q) Breaches in the security or confidentiality of the questions and answers of the achievement and proficiency examinations that are administered pursuant to NRS 389.015.
κ1999 Statutes of Nevada, Page 1435 (CHAPTER 352, SB 21)κ
2. In determining whether the professional performance of a licensed employee is inadequate, consideration must be given to the regular and special evaluation reports prepared in accordance with the policy of the employing school district and to any written standards of performance which may have been adopted by the board.
Sec. 4. NRS 391.330 is hereby amended to read as follows:
391.330 The state board may suspend or revoke the license of any teacher, administrator or other licensed employee, after notice and an opportunity for hearing have been provided pursuant to NRS 391.322 and 391.323, for:
1. Immoral or unprofessional conduct.
2. Evident unfitness for service.
3. Physical or mental incapacity which renders the teacher, administrator or other licensed employee unfit for service.
4. Conviction of a felony or crime involving moral turpitude.
5. Conviction of a sex offense under NRS 200.366, 200.368, 201.190, 201.220, 201.230 or 207.260 in which a pupil enrolled in a school of a county school district was the victim.
6. Knowingly advocating the overthrow of the Federal Government or of the State of Nevada by force, violence or unlawful means.
7. Persistent defiance of or refusal to obey the regulations of the state board, the commission or the superintendent of public instruction, defining and governing the duties of teachers, administrators and other licensed employees.
8. Breaches in the security or confidentiality of the questions and answers of the achievement and proficiency examinations that are administered pursuant to NRS 389.015.
Sec. 5. This act becomes effective on July 1, 1999.
________
Senate Bill No. 32Committee on Commerce and Labor
CHAPTER 353
AN ACT relating to real property; revising certain provisions governing claims against contractors for constructional defects in residences; revising the statutes of limitation and statutes of repose relating to certain actions on real property; requiring specified disclosures on the sale of certain residences; revising certain provisions governing insurance for home protection; and providing other matters properly relating thereto.
[Approved May 29, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 40 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.
Sec. 2. Except as otherwise provided in this section and NRS 40.670:
1. Notwithstanding the provisions of subsection 1 of NRS 40.680, a claimant may commence an action in district court in a complex matter. If the claimant commences an action in district court he shall:
(a) File and serve the summons and complaint as required by law; and
κ1999 Statutes of Nevada, Page 1436 (CHAPTER 353, SB 32)κ
(b) At the same time and in the same manner as the claimant serves the summons and complaint upon the contractor, serve upon the contractor a written notice specifying in reasonable detail to the extent known the defects, and any damages or injuries to each residence or appurtenance that is the subject of the claim. The notice must describe in reasonable detail each defect, the specific location of each defect, and the nature and extent that is known of the damage or injury resulting from each defect. If an expert opinion has been rendered concerning the existence or extent of the defects, a written copy of the opinion must accompany the notice. An expert opinion that specifies each defect to the extent known, the specific location of each defect to the extent known, and the nature and extent that is known of the damage or injury resulting from each defect, based on a valid and reliable representative sample of the residences and appurtenances involved in the action, satisfies the requirements of this section.
2. The contractor shall file and serve an answer to the complaint as required by law.
3. Not later than 30 days after the date of service of the answer to the complaint, the contractor and claimant shall meet to establish a schedule for:
(a) The exchange of or reasonable access for the other party to all relevant reports, photos, correspondence, plans, specifications, warranties, contracts, subcontracts, work orders for repair, videotapes, technical reports, soil and other engineering reports and other documents or materials relating to the claim that are not privileged;
(b) The inspection of the residence or appurtenance that is the subject of the claim to evaluate the defects set forth in the notice served pursuant to subsection 1; and
(c) The conduct of any tests that are reasonably necessary to determine the nature and cause of a defect or any damage or injury, and the nature and extent of repairs necessary to remedy a defect or any damage or injury. The party conducting the test shall provide reasonable notice of the test to all other parties and conduct the test at a reasonable time.
4. At the meeting held pursuant to subsection 3, the claimant and contractor shall:
(a) Establish a schedule for the addition of any additional parties to the complaint or to file any third-party complaint against an additional party who may be responsible for all or a portion of the defects set forth in the notice served pursuant to subsection 1;
(b) Unless the claimant and contractor agree otherwise in writing, select a mediator and proceed with mediation as provided in subsections 2 to 6, inclusive, of NRS 40.680; and
(c) If the claimant and contractor agree, select a special master and jointly petition the court for his appointment pursuant to subsection 7.
5. Each party added to the complaint or against whom a third‑party complaint is filed pursuant to subsection 4 shall file and serve an answer as required by law.
κ1999 Statutes of Nevada, Page 1437 (CHAPTER 353, SB 32)κ
6. If the claimant or contractor adds a party to the complaint or files a third‑party complaint, then not later than 60 days after the date determined pursuant to paragraph (a) of subsection 4, the contractor, claimant and each party added to the complaint or against whom a third‑party complaint is filed shall meet to establish a schedule for the activities set forth in paragraphs (a), (b) and (c) of subsection 3.
7. If a special master has not been appointed, the contractor, claimant or a party added to the complaint or against whom a third‑party complaint is filed may petition the court for the appointment of a special master at any time after the meeting held pursuant to subsection 3. The special master may:
(a) Take any action set forth in subsection 4 of NRS 40.680;
(b) Exercise any power set forth in Rule 53 of the Nevada Rules of Civil Procedure; and
(c) Subject to the provisions of NRS 40.680, if the parties fail to establish a schedule or determine a date as required in subsection 3, 4 or 6, establish the schedule or determine the date.
8. Unless the mediation required pursuant to paragraph (b) of subsection 4 is completed or the contractor and claimant have agreed in writing not to mediate the claim pursuant to paragraph (b) of subsection 4, a party shall not propound interrogatories or requests for admission, take a deposition or file a motion that is dispositive of the action except:
(a) Upon agreement of the parties; or
(b) With the prior approval of the court or special master.
9. If a residence or appurtenance that is the subject of the claim is covered by a homeowners warranty that is purchased by or on behalf of a claimant pursuant to NRS 690B.100 to 690B.180, inclusive, a claimant shall diligently pursue a claim under the contract.
10. Unless the parties agree otherwise, not less than 60 days before the date of the mediation pursuant to paragraph (b) of subsection 4 is convened, the contractor shall make a written response to the claimant that meets the requirements set forth in subsection 3 of NRS 40.645.
11. If the claimant is a representative of a homeowners association, the association shall submit any response made by the contractor to each member of the association in writing not more than 30 days after the date the claimant receives the response.
12. The claimant shall respond to the written response of the contractor within 45 days after the response of the contractor is mailed to the claimant.
Sec. 3. Except as otherwise provided in NRS 40.670, if a contractor receives written notice of a constructional defect that is not part of a complex matter not more than 1 year after the close of escrow of the initial purchase of the residence, the contractor shall make the repairs within 45 days after the contractor receives the written notice unless completion is delayed by the claimant or by other events beyond the control of the contractor, or timely completion of repairs is not reasonably possible. The contractor and claimant may agree in writing to extend the period prescribed by this section. If the contractor fails to comply with this section, he is immediately subject to discipline pursuant to NRS 624.300.
κ1999 Statutes of Nevada, Page 1438 (CHAPTER 353, SB 32)κ
Sec. 4. If, after complying with the procedural requirements of NRS 40.645 and 40.680, or section 2 of this act, a claimant proceeds with an action for damages arising from a constructional defect:
1. The claimant and each contractor who is named in the original complaint when the action is commenced are not required, while the action is pending, to comply with the requirements of NRS 40.645 or 40.680, or section 2 of this act, for any constructional defect that the claimant includes in an amended complaint, if the constructional defect:
(a) Is attributable, in whole or in part, to such a contractor;
(b) Is located on the same property described in the original complaint; and
(c) Was not discovered before the action was commenced provided that a good faith effort had been undertaken by the claimant.
2. The claimant is not required to give written notice of a defect pursuant to subsection 1 of NRS 40.645 or subsection 1 of section 2 of this act to any person who is joined to or intervenes in the action as a party after it is commenced. If such a person becomes a party to the action:
(a) For the purposes of subsection 1 of NRS 40.645 or subsection 1 of section 2 of this act, the person shall be deemed to have been given notice of the defect by the claimant on the date on which the person becomes a party to the action; and
(b) The provisions of NRS 40.600 to 40.695, inclusive, and sections 2 to 6, inclusive, of this act apply to the person after that date.
Sec. 5. 1. Notwithstanding the provisions of NRS 40.600 to 40.695, inclusive, and sections 2, 3, 4 and 6 of this act, a claimant may not commence an action against a subdivider or master developer for a constructional defect in an appurtenance constructed on behalf of the subdivider or master developer in a planned unit development, to the extent that the appurtenance was constructed by or through a licensed general contractor, unless:
(a) The subdivider or master developer fails to provide to the claimant the name, address and telephone number of each contractor hired by the subdivider or master developer to construct the appurtenance within 30 days of the receipt by the subdivider or master developer of a request from the claimant for such information; or
(b) After the claimant has made a good faith effort to obtain full recovery from the contractors hired by the subdivider or master developer to construct the appurtenance, the claimant has not obtained a full recovery.
2. All statutes of limitation or repose applicable to a claim governed by this section are tolled from the time the claimant notifies a contractor hired by the subdivider or master developer of the claim until the earlier of the date:
(a) A court determines that the claimant cannot obtain a full recovery against those contractors; or
(b) The claimant receives notice that those contractors are bankrupt, insolvent or dissolved.
Tolling pursuant to this subsection applies only to the subdivider or master developer. Notwithstanding any applicable statute of limitation or repose, the claimant may commence an action against the subdivider or master developer for the claim within 1 year after the end of the tolling described in this subsection.
κ1999 Statutes of Nevada, Page 1439 (CHAPTER 353, SB 32)κ
the claimant may commence an action against the subdivider or master developer for the claim within 1 year after the end of the tolling described in this subsection.
3. Nothing in this section prohibits the commencement of an action against a subdivider or master developer for a constructional defect in a residence sold, designed or constructed by or on behalf of the subdivider or master developer.
4. Nothing in this section prohibits a person other than the claimant from commencing an action against a subdivider or master developer to enforce his own rights.
5. The provisions of this section do not apply to a subdivider or master developer who acts as a general contractor or uses his license as a general contractor in the course of constructing the appurtenance that is the subject of the action.
6. As used in this section:
(a) Master developer means a person who buys, sells or develops a planned unit development, including, without limitation, a person who enters into a development agreement pursuant to NRS 278.0201.
(b) Planned unit development has the meaning ascribed to it in NRS 278A.065.
(c) Subdivider has the meaning ascribed to it in NRS 278.0185.
Sec. 6. 1. If a claimant attempts to sell a residence that is or has been the subject of a claim governed by NRS 40.600 to 40.695, inclusive, and sections 2 to 6, inclusive, of this act, he shall disclose, in writing, to any prospective purchaser of the residence, not less than 30 days before the close of escrow for the sale of the residence or, if escrow is to close less than 30 days after the execution of the sales agreement, then immediately upon the execution of the sales agreement or, if a claim is initiated less than 30 days before the close of escrow, within 24 hours after giving written notice to the contractor pursuant to subsection 1 of NRS 40.645 or subsection 1 of section 2 of this act:
(a) All notices given by the claimant to the contractor pursuant to NRS 40.600 to 40.695, inclusive, and sections 2 to 6, inclusive, of this act that are related to the residence;
(b) All opinions the claimant has obtained from experts regarding a constructional defect that is or has been the subject of the claim;
(c) The terms of any settlement, order or judgment relating to the claim; and
(d) A detailed report of all repairs made to the residence by or on behalf of the claimant as a result of a constructional defect that is or has been the subject of the claim.
2. Before taking any action on a claim pursuant to NRS 40.600 to 40.695, inclusive, and sections 2 to 6, inclusive, of this act, the attorney for a claimant shall notify the claimant in writing of the provisions of this section.
κ1999 Statutes of Nevada, Page 1440 (CHAPTER 353, SB 32)κ
Sec. 7. NRS 40.600 is hereby amended to read as follows:
40.600 As used in NRS 40.600 to 40.695, inclusive, and sections 2 to 6, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 40.605 to 40.630, inclusive, have the meanings ascribed to them in those sections.
Sec. 8. NRS 40.605 is hereby amended to read as follows:
40.605 1. Appurtenance means a structure, installation, facility [or] amenity or other improvement that is appurtenant to [a residence,] or benefits one or more residences, but is not a part of the dwelling unit. The term includes, without limitation, the parcel of real property, recreational facilities, golf courses, walls, sidewalks, driveways, landscaping , common elements and limited common elements other than those described in NRS 116.2102, and other structures, installations, facilities and amenities associated with [a residence.] or benefiting one or more residences.
2. As used in this section:
(a) Common elements has the meaning ascribed to it in NRS 116.110318.
(b) Limited common element has the meaning ascribed to it in NRS 116.110355.
Sec. 8.5. NRS 40.625 is hereby amended to read as follows:
40.625 Homeowners warranty means a warranty or policy of insurance:
1. Issued or purchased by or on behalf of a contractor for the protection of a claimant; or
2. Purchased by or on behalf of a claimant pursuant to NRS 690B.100 to 690B.180, inclusive.
The term includes a warranty contract issued by a risk retention group that operates in compliance with chapter 695E of NRS and insures all or any part of the liability of a contractor for the cost to repair a constructional defect in a residence.
Sec. 9. NRS 40.645 is hereby amended to read as follows:
40.645 Except as otherwise provided in this section and NRS 40.670:
1. [At] For a claim that is not a complex matter, at least 60 days before a claimant commences an action against a contractor for damages arising from a constructional defect, the claimant must give written notice by certified mail, return receipt requested, to the contractor, at the contractors last known address, specifying in reasonable detail the defects or any damages or injuries to each residence or [each unit within a multiple-unit residence] appurtenance that is the subject of the claim. The notice must describe in reasonable detail the cause of the defects if the cause is known, [and] the nature and extent that is known of the damage or injury resulting from the defects [. In a complex matter, an] and the location of each defect within each residence or appurtenance to the extent known. An expert opinion concerning the cause of the defects and the nature and extent of the damage or injury resulting from the defects based on a representative sample of the components of the residences [or of the units of each multiple-unit residence] and appurtenances involved in the action satisfies the requirements of this section. During the [35-day] 45‑day period after the contractor receives the notice, on his written request, the contractor is entitled to inspect the property that is the subject of the claim to determine the nature and cause of the defect, damage or injury and the nature and extent of repairs necessary to remedy the defect.
κ1999 Statutes of Nevada, Page 1441 (CHAPTER 353, SB 32)κ
to inspect the property that is the subject of the claim to determine the nature and cause of the defect, damage or injury and the nature and extent of repairs necessary to remedy the defect. The contractor shall, before making the inspection, provide reasonable notice of the inspection and [must] shall make the inspection at a reasonable time. The contractor may take reasonable steps to establish the existence of the defect.
2. If [the] a residence or appurtenance that is the subject of the claim is covered by a homeowners warranty [,] that is purchased by or on behalf of a claimant pursuant to NRS 690B.100 to 690B.180, inclusive, a claimant [must] shall diligently pursue a claim under the [warranty or] contract.
3. Within [45] 60 days after the contractor receives the notice, the contractor [may] shall make a written [offer of settlement] response to the claimant. The [offer:] response:
(a) Must be served to the claimant by certified mail, return receipt requested, at the claimants last known address.
(b) Must respond to each constructional defect set forth in the claimants notice, and describe in reasonable detail the cause of the defect, if known, the nature and extent of the damage or injury resulting from the defect, and, unless the [offer] response is limited to a proposal for monetary compensation, the method, adequacy and estimated cost of [the] any proposed repair.
(c) May include:
(1) A proposal for monetary compensation [.] , which may include a contribution from a subcontractor.
(2) If the contractor or his subcontractor is licensed to make the repairs, an agreement by the contractor or subcontractor to make the repairs.
(3) An agreement by the contractor to cause the repairs to be made, at the contractors expense, by another contractor who is licensed to make the repairs, bonded and insured.
The repairs must be made within 45 days after the contractor receives written notice of acceptance of the [offer,] response, unless completion is delayed by the claimant or by other events beyond the control of the contractor [.] , or timely completion of the repairs is not reasonably possible. The claimant and the contractor may agree in writing to extend the periods prescribed by this section.
4. [The periods provided in subsections 1 and 3 must be extended by 60 days if the claim is a complex matter. The parties may stipulate to a further extension.
5.] Not later than 15 days before the mediation required pursuant to NRS 40.680 and upon providing 15 days notice, each party shall provide the other party, or shall make a reasonable effort to assist the other party to obtain, all relevant reports, photos, correspondence, plans, specifications, warranties, contracts, subcontracts, work orders for repair, videotapes [and] , technical reports, soil and other engineering reports and other documents or materials relating to the claim that are not privileged.
[6.] 5. If the claimant is a representative of a homeowners association, the association shall submit any [offer of settlement] response made by the contractor to each member of the association.
κ1999 Statutes of Nevada, Page 1442 (CHAPTER 353, SB 32)κ
6. As used in this section, subcontractor means a contractor who performs work on behalf of another contractor in the construction of a residence or appurtenance.
Sec. 10. NRS 40.650 is hereby amended to read as follows:
40.650 1. If a claimant unreasonably rejects a reasonable written offer of settlement made as part of a response made pursuant to NRS 40.645 or section 2 of this act or does not permit the contractor or independent contractor a reasonable opportunity to repair the defect pursuant to an accepted offer of settlement and thereafter commences an action governed by NRS 40.600 to 40.695, inclusive, and sections 2 to 6, inclusive, of this act, the court in which the action is commenced may:
(a) Deny the claimants attorneys fees and costs; and
(b) Award attorneys fees and costs to the contractor.
Any sums paid under a homeowners warranty, other than sums paid in satisfaction of claims that are collateral to any coverage issued to or by the contractor, must be deducted from any recovery.
2. If a contractor fails to:
(a) Make an offer of settlement;
(b) Make a good faith response to the claim asserting no liability;
(c) Complete, in a good and workmanlike manner, the repairs specified in an accepted offer;
(d) Agree to a mediator or accept the appointment
of a mediator pursuant to NRS 40.680 [;] or subsection 4 of section 2 of this act; or
(e) Participate in mediation,
the limitations on damages and defenses to liability provided
in NRS 40.600 to 40.695, inclusive, and sections 2 to 6, inclusive, of this act do not apply
and the claimant may commence an action without satisfying any other
requirement of NRS 40.600 to 40.695, inclusive [.] , and
sections 2 to 6, inclusive, of this act.
3. If coverage under a homeowners warranty is denied by an insurer in bad faith, the homeowner and the contractor have a right of action for the sums that would have been paid if coverage had been provided, plus reasonable attorneys fees and costs.
Sec. 11. NRS 40.660 is hereby amended to read as follows:
40.660 An offer of settlement that is not accepted within :
1. In a complex matter, 45 days; or
2. In a matter that is not a complex matter, 25 days ,
after the offer is received by the claimant is considered rejected if the offer contains a clear and understandable statement notifying the claimant of the consequences of his failure to respond or otherwise accept or reject the offer of settlement. An affidavit certifying rejection of an offer of settlement under this section may be filed with the court.
Sec. 12. NRS 40.685 is hereby amended to read as follows:
40.685 1. Except as otherwise provided in subsection 2, a written waiver or settlement agreement executed by a claimant after a contractor has corrected or otherwise repaired a constructional defect does not bar a claim for the constructional defect if it is determined that the contractor failed to correct or repair the defect properly.
κ1999 Statutes of Nevada, Page 1443 (CHAPTER 353, SB 32)κ
2. The provisions of subsection 1 do not apply to any written waiver or settlement agreement described in subsection 1, unless:
(a) The claimant has obtained the opinion of an expert concerning the constructional defect;
(b) The claimant has provided the contractor with a written notice of the defect pursuant to NRS 40.645 or section 2 of this act and a copy of the experts opinion; and
(c) The claimant and the contractor have complied with the requirements for inspection and repair as provided in NRS 40.600 to 40.695, inclusive [.] , and sections 2 to 6, inclusive, of this act.
3. If a claimant does not prevail in any action which is not barred pursuant to this section, the court may:
(a) Deny the claimants attorneys fees, fees for an expert witness or costs; and
(b) Award attorneys fees and costs to the contractor.
Sec. 12.5. NRS 40.687 is hereby amended to read as follows:
40.687 Notwithstanding any other provision of law:
1. A claimant shall, within 10 days after commencing an action against a contractor, disclose to the contractor all information about any homeowners warranty that is applicable to the claim.
2. The contractor shall, no later than 10
days after [any settlement offer]
a response is made
pursuant to this chapter, disclose to the claimant any information about
insurance agreements that may be obtained by discovery pursuant to rule
26(b)(2) of the Nevada Rules of Civil Procedure. Such disclosure does not
affect the admissibility at trial of the information disclosed.
3. Except as otherwise provided in subsection 4, if either party fails to provide the information required pursuant to subsection 1 or 2 within the time allowed, the other party may petition the court to compel production of the information. Upon receiving such a petition, the court may order the party to produce the required information and may award the petitioning party reasonable attorneys fees and costs incurred in petitioning the court pursuant to this subsection.
4. The parties may agree to an extension of time to produce the information required pursuant to this section.
5. For the purposes of this section, information about insurance agreements is limited to any declaration sheets, endorsements and contracts of insurance issued to the contractor from the commencement of construction of the residence of the claimant to the date on which the request for the information is made and does not include information concerning any disputes between the contractor and an insurer or information concerning any reservation of rights by an insurer.
Sec. 13. NRS 40.690 is hereby amended to read as follows:
40.690 1. A claim governed by NRS 40.600 to 40.695, inclusive, and sections 2 to 6, inclusive, of this act may not be brought by a claimant or contractor against [any third parties, including] a government, governmental agency or political subdivision of a government, during the period in which a claim for a constructional defect is being settled, mediated or otherwise resolved pursuant to NRS 40.600 to 40.695, inclusive [.] , and sections 2 to 6, inclusive, of this act.
κ1999 Statutes of Nevada, Page 1444 (CHAPTER 353, SB 32)κ
6, inclusive, of this act. The settlement of such a claim does not affect the rights or obligations [of any person who is not a party to the settlement, and the failure to reach such a settlement does not affect the rights or obligations] of the claimant or contractor in any action brought by the claimant or contractor against a third party.
2. A contractor or claimant may require [any third party except an insurer, government, governmental agency or political subdivision of a government] a party against whom the contractor or claimant asserts a claim governed by NRS 40.600 to 40.695, inclusive, and sections 2 to 6, inclusive, of this act to appear and participate in proceedings held pursuant to [NRS 40.600 to 40.695, inclusive,] those sections as if the [third] party were a contractor [.] and the party requiring him to appear were a claimant. The party must receive notice of the proceedings from the contractor or claimant.
Sec. 14. NRS 40.695 is hereby amended to read as follows:
40.695 1. [All] Except as otherwise provided in subsection 2, statutes of limitation or repose applicable to a claim based on a constructional defect governed by NRS 40.600 to 40.695, inclusive, and sections 2 to 6, inclusive, of this act are tolled from the time notice of the claim is given, until 30 days after mediation is concluded or waived in writing pursuant to NRS 40.680 [.] or subsection 4 of section 2 of this act.
2. Tolling under this section applies [to] :
(a) Only to a claim that is not a complex matter.
(b) To a third party regardless of whether the party is required to appear in the proceeding.
Sec. 15. Chapter 11 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 2, for the purposes of this section and NRS 11.202 to 11.206, inclusive, the date of substantial completion of an improvement to real property shall be deemed to be the date on which:
(a) The final building inspection of the improvement is conducted;
(b) A notice of completion is issued for the improvement; or
(c) A certificate of occupancy is issued for the improvement,
whichever occurs later.
2. If none of the events described in subsection 1 occurs, the date of substantial completion of an improvement to real property must be determined by the rules of the common law.
Sec. 16. NRS 11.203 is hereby amended to read as follows:
11.203 1. Except as otherwise provided in NRS 11.202 [,] and 11.206, no action may be commenced against the owner, occupier or any person performing or furnishing the design, planning, supervision or observation of construction, or the construction of an improvement to real property more than 10 years after the substantial completion of such an improvement, for the recovery of damages for:
(a) Any deficiency in the design, planning, supervision or observation of construction or the construction of such an improvement which is known or through the use of reasonable diligence should have been known to him;
(b) Injury to real or personal property caused by any such deficiency; or
κ1999 Statutes of Nevada, Page 1445 (CHAPTER 353, SB 32)κ
(c) Injury to or the wrongful death of a person caused by any such deficiency.
2. Notwithstanding the provisions of NRS 11.190 and subsection 1 of this section, [where] if an injury occurs in the [tenth] 10th year after the substantial completion of such an improvement, an action for damages for injury to property or person, damages for wrongful death resulting from such injury or damages for breach of contract may be commenced within 2 years after the date of such injury, irrespective of the date of death, but in no event may an action be commenced more than 12 years after the substantial completion of the improvement.
3. The provisions of this section do not apply to a claim for indemnity or contribution.
Sec. 17. NRS 11.204 is hereby amended to read as follows:
11.204 1. Except as otherwise provided in NRS 11.202 [and 11.203,] , 11.203 and 11.206, no action may be commenced against the owner, occupier or any person performing or furnishing the design, planning, supervision or observation of construction, or the construction, of an improvement to real property more than 8 years after the substantial completion of such an improvement, for the recovery of damages for:
(a) Any latent deficiency in the design, planning, supervision or observation of construction or the construction of such an improvement;
(b) Injury to real or personal property caused by any such deficiency; or
(c) Injury to or the wrongful death of a person caused by any such deficiency.
2. Notwithstanding the provisions of NRS 11.190 and subsection 1 of this section, [where] if an injury occurs in the eighth year after the substantial completion of such an improvement, an action for damages for injury to property or person, damages for wrongful death resulting from such injury or damages for breach of contract may be commenced within 2 years after the date of such injury, irrespective of the date of death, but in no event may an action be commenced more than 10 years after the substantial completion of the improvement.
3. The provisions of this section do not apply to a claim for indemnity or contribution.
4. For the purposes of this section, latent deficiency means a deficiency which is not apparent by reasonable inspection.
Sec. 18. NRS 11.205 is hereby amended to read as follows:
11.205 1. Except as otherwise provided in NRS 11.202 [and 11.203,] , 11.203 and 11.206, no action may be commenced against the owner, occupier or any person performing or furnishing the design, planning, supervision or observation of construction, or the construction of an improvement to real property more than 6 years after the substantial completion of such an improvement, for the recovery of damages for:
(a) Any patent deficiency in the design, planning, supervision or observation of construction or the construction of such an improvement;
(b) Injury to real or personal property caused by any such deficiency; or
(c) Injury to or the wrongful death of a person caused by any such deficiency.
κ1999 Statutes of Nevada, Page 1446 (CHAPTER 353, SB 32)κ
2. Notwithstanding the provisions of NRS 11.190 and subsection 1 of this section, [where] if an injury occurs in the sixth year after the substantial completion of such an improvement, an action for damages for injury to property or person, damages for wrongful death resulting from such injury or damages for breach of contract may be commenced within 2 years after the date of such injury, irrespective of the date of death, but in no event may an action be commenced more than 8 years after the substantial completion of the improvement.
3. The provisions of this section do not apply to a claim for indemnity or contribution.
4. For the purposes of this section, patent deficiency means a deficiency which is apparent by reasonable inspection.
Sec. 19. Chapter 113 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Upon signing a sales agreement with the initial purchaser of residential property that was not occupied by the purchaser for more than 120 days after substantial completion of the construction of the residential property, the seller shall:
(a) Provide to the initial purchaser a copy of NRS 11.202 to 11.206, inclusive, and section 15 of this act and NRS 40.600 to 40.695, inclusive, and sections 2 to 6, inclusive, of this act;
(b) Notify the initial purchaser of any soil report prepared for the residential property or for the subdivision in which the residential property is located; and
(c) If requested in writing by the initial purchaser not later than 5 days after signing the sales agreement, provide to the purchaser without cost each report described in paragraph (b) not later than 5 days after the seller receives the written request.
2. Not later than 20 days after receipt of all reports pursuant to paragraph (c) of subsection 1, the initial purchaser may rescind the sales agreement.
3. The initial purchaser may waive his right to rescind the sales agreement pursuant to subsection 2. Such a waiver is effective only if it is made in a written document that is signed by the purchaser.
Sec. 20. NRS 113.100 is hereby amended to read as follows:
113.100 As used in NRS 113.100 to 113.150, inclusive, and section 19 of this act, unless the context otherwise requires:
1. Defect means a condition that materially affects the value or use of residential property in an adverse manner.
2. Disclosure form means a form that complies with the regulations adopted pursuant to NRS 113.120.
3. Dwelling unit means any building, structure or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one person who maintains a household or by two or more persons who maintain a common household.
4. Residential property means any land in this state to which is affixed not less than one nor more than four dwelling units.
5. Seller means a person who sells or intends to sell any residential property.
κ1999 Statutes of Nevada, Page 1447 (CHAPTER 353, SB 32)κ
Sec. 21. NRS 624.300 is hereby amended to read as follows:
624.300 1. Except as otherwise provided in subsection 6, the board may:
(a) Suspend or revoke licenses already issued;
(b) Refuse renewals of licenses;
(c) Impose limits on the field, scope and monetary limit of the license;
(d) Impose an administrative fine of not more than $10,000;
(e) Order the licensee to take action to correct a condition resulting from an act which constitutes a cause for disciplinary action, at the licensees cost; or
(f) Reprimand or take other less severe disciplinary action, including, without limitation, increasing the amount of the surety bond or cash deposit of the licensee,
if the licensee commits any act which constitutes a cause for disciplinary action.
2. If the board suspends or revokes the license of a contractor for failure to establish financial responsibility, the board may, in addition to any other conditions for reinstating or renewing the license, require that each contract undertaken by the licensee for a period to be designated by the board, not to exceed 12 months, be separately covered by a bond or bonds approved by the board and conditioned upon the performance of and the payment of labor and materials required by the contract.
3. If a licensee commits a fraudulent act which is a cause for disciplinary action under NRS 624.3016, the correction of any condition resulting from the act does not preclude the board from taking disciplinary action.
4. If the board finds that a licensee has engaged in repeated acts that would be cause for disciplinary action, the correction of any resulting conditions does not preclude the board from taking disciplinary action pursuant to this section.
5. The expiration of a license by operation of law or by order or decision of the board or a court, or the voluntary surrender of a license by a licensee, does not deprive the board of jurisdiction to proceed with any investigation of, or action or disciplinary proceeding against, the licensee or to render a decision suspending or revoking the license.
6. [The] Except as otherwise provided in section 3 of this act, the board shall not take any disciplinary action pursuant to this section regarding a constructional defect, as that term is defined in NRS 40.615, during the period in which any claim arising out of that defect is being settled, mediated or otherwise resolved pursuant to NRS 40.600 to 40.695, inclusive, and sections 2 to 6, inclusive, of this act, unless the disciplinary action is necessary to protect the public health or safety.
7. If discipline is imposed pursuant to this section, the costs of the proceeding, including investigative costs and attorneys fees, may be recovered by the board.
Sec. 22. NRS 690B.100 is hereby amended to read as follows:
690B.100 As used in NRS 690B.100 to 690B.180, inclusive, unless the context otherwise requires:
1. Home means a structure used primarily for residential purposes and includes [a single-family dwelling, a] , without limitation:
κ1999 Statutes of Nevada, Page 1448 (CHAPTER 353, SB 32)κ
(a) A single-family dwelling;
(b) A unit in a multiple-family structure [and a] ;
(c) A mobile home [.] ; and
(d) The common elements of a common-interest community, as defined in NRS 116.110318, and any appurtenance to the common elements.
2. Insurance for home protection means a contract of insurance, which affords coverage over a specified term for a predetermined fee, under which a person, other than the manufacturer, builder, seller or lessor of the home, agrees to repair, replace or indemnify from the cost of repair or replacement based upon the failure of any structure, component, system or appliance of the home. The term does not include a contract which insures against any consequential losses caused by the defects or failures.
Sec. 23. NRS 690B.140 is hereby amended to read as follows:
690B.140 An insurer who issues policies of insurance for home protection, other than casualty insurance, may make investments in tangible personal property for use in fulfilling its obligations to repair or replace components, systems or appliances of the home under its contracts of insurance for home protection, in an amount not to exceed [25] 35 percent of its assets, as determined pursuant to NRS 681B.010, unless the commissioner, whenever he deems it appropriate, waives this limitation by regulation.
Sec. 24. NRS 690B.160 is hereby amended to read as follows:
690B.160 1. A contract of insurance for home protection must specify:
(a) The structures, components, systems and appliances covered by the provisions of the contract.
(b) Any exclusions from and limitations on coverage.
(c) The period during which the contract will be in effect, and the renewal terms, if any.
(d) The services to be performed by the insurer and the terms and conditions of his performance.
(e) The copayment, service fee or deductible charge, if any, to be charged [for his services.] to the insured.
(f) All limitations regarding the performance of services, including any restrictions as to the time during or geographical area within which services may be requested or will be performed.
(g) That [services will be performed upon a telephoned request to] the insurer will commence an investigation of a claim upon a request from the insured by telephone, without any requirement that claim forms or applications be filed before the [performance of service.] commencement of the investigation.
(h) That , except in an emergency, including, without limitation, the loss of heating, cooling, plumbing or electrical service by the insured, services will be initiated by or under the direction of the insurer within 48 hours after [proper request is made for services.] the conclusion of an investigation of a claim. Work must commence on an emergency not later than 24 hours after the report of the claim. The commissioner may adopt regulations to define emergency for the purposes of this paragraph.
κ1999 Statutes of Nevada, Page 1449 (CHAPTER 353, SB 32)κ
(i) Other conditions and provisions pertaining to the coverage as required by the insurance laws of this state or regulations adopted by the commissioner.
2. Insurance for home protection may not be canceled during the term for which it is issued, except:
(a) For nonpayment of the fee for the contract.
(b) For fraud or misrepresentation of facts material to the issuance or renewal of the contract.
(c) Insurance which provides coverage before the home is sold if the sale is not made. The cancellation must be made in accordance with the contract provisions.
3. Insurance for home protection is not renewable unless its terms provide otherwise.
Sec. 25. NRS 690B.180 is hereby amended to read as follows:
690B.180 An insurer who issues policies of insurance for home protection, other than casualty insurance, shall not:
1. Engage in any other business [other than the furnishing] of insurance [for home protection.] or real estate pursuant to chapters 645 to 645D, inclusive, of NRS.
2. Assume reinsurance from any other insurer.
Sec. 26. The amendatory provisions of this act do not apply to a claim initiated or an action commenced pursuant to NRS 40.600 to 40.695, inclusive, and sections 2 to 6, inclusive, of this act, unless the claim was initiated or the action was commenced on or after July 1, 1999.
Sec. 27. This act becomes effective on July 1, 1999.
________
Senate Bill No. 39Senator Amodei
CHAPTER 354
AN ACT relating to credit unions; authorizing the State of Nevada and agencies and subdivisions thereof, and certain other persons, to deposit money in credit unions; requiring the commissioner of financial institutions to adopt regulations relating to records of credit unions; providing that deposits for insurance for credit unions members accounts are nonrisk assets; increasing the amount a credit union may loan to its directors and committee members without approval of its board of directors; authorizing credit unions to invest in certain bank obligations; and providing other matters properly relating thereto.
[Approved May 29, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 673.276 is hereby amended to read as follows:
673.276 An association may invest in:
1. Without limit, obligations of, or obligations guaranteed as to principal and interest by, the United States or any state.
2. Obligations of the United States Postal Service, whether or not guaranteed as to principal and interest by the United States.
κ1999 Statutes of Nevada, Page 1450 (CHAPTER 354, SB 39)κ
3. Stock of a Federal Home Loan Bank of which the association is eligible to be a member.
4. Any obligations or consolidated obligations of any Federal Home Loan Bank or Banks.
5. Stock or obligations of the Federal Deposit Insurance Corporation.
6. Stock or obligations of a national mortgage association or any successor or successors thereto, including the Federal National Mortgage Association.
7. Demand, time or savings deposits with any bank , credit union or trust company whose deposits are insured by the Federal Deposit Insurance Corporation [.] , the National Credit Union Share Insurance Fund or a private insurer approved pursuant to NRS 678.755.
8. Stock or obligations of any corporation or agency of the United States or any state, or in deposits therewith to the extent that such a corporation or agency assists in furthering or facilitating the associations purposes or powers.
9. Savings accounts of any insured association licensed by the state and of any federal savings and loan association, if the accounts of the savings and loan association are insured by the Federal Deposit Insurance Corporation.
10. Bonds, notes or other evidences of indebtedness which are general obligations of any city, town, county, school district or other municipal corporation or political subdivision of any state.
11. Capital stock and other securities of:
(a) A state development corporation organized under the provisions of chapter 670 of NRS.
(b) A corporation for economic revitalization and diversification organized under the provisions of chapter 670A of NRS, if the association is a member of the corporation, and to the extent of its loan limit established under NRS 670A.200.
12. Any other investment at the discretion of the associations directors if, after the investment is made, the associations accounts remain insurable by the Federal Deposit Insurance Corporation.
Sec. 2. NRS 673.377 is hereby amended to read as follows:
673.377 1. Every association shall have on hand at all times in available money, [bank deposits,] deposits in banks and credit unions, United States Government bonds, certificates of insured savings and loan associations, Federal Home Loan Bank evidences of indebtedness, time certificates of insured federal and state banks , time certificates of insured credit unions or [of] any indebtedness of any United States Government instrumentality which is by statute fully guaranteed, a sum not less than 5 percent of the aggregate of savings accounts and investment certificates to enable it to pay withdrawals in excess of receipts and to meet accruing expenses. The commissioner may prescribe from time to time different amounts required for liquidity purposes, but the amounts must not be less than 4 percent or more than 8 percent.
2. A deposit in a bank , credit union or association under the control or the possession of appropriate supervisory authority must not be considered as cash. Except for deposits in a Federal Home Loan Bank, a time deposit established hereafter, whether or not time deposit-open account or deposit evidenced by a certificate of deposit, must not be considered as cash for such purposes unless:
κ1999 Statutes of Nevada, Page 1451 (CHAPTER 354, SB 39)κ
evidenced by a certificate of deposit, must not be considered as cash for such purposes unless:
(a) The member itself made the deposit in question;
(b) The deposit, together with all other time deposits of the association in the same bank [,] or credit union, does not exceed the greater of [one-quarter] :
(1) One-quarter of 1 percent of the [banks] total deposits of the bank or credit union as of the [banks] last published statement of condition of the bank or credit union; or [$15,000;]
(2) Fifteen thousand dollars; and
(c) No consideration was received from a third party in connection with the making of the deposit.
3. An association must not make or purchase any loan, other than advances on the sole security of its savings accounts, at any time when its liquidity drops below the required level. For the purpose of this section, a loan is deemed to have been made as of the date the borrower executed the security instrument, and a loan is deemed to have been purchased as of the date of the payment therefor.
Sec. 3. NRS 676.220 is hereby amended to read as follows:
676.220 Each licensee shall:
1. Open and maintain a separate trust account in a state [bank] or national bank or credit union doing business in this state. All money received from debtors for the benefit of creditors must be deposited in, and all payments to creditors must be disbursed from, this account.
2. Keep and use such books and accounting records as are in accord with sound and accepted accounting practices.
3. Maintain a separate record or ledger card for the account of each debtor, showing the amount of money received from and disbursed on behalf of each debtor.
4. Maintain a separate record, in a form approved by the commissioner, or ledger card for each creditor, identifying the particular debtor-source of money and showing the amount of money disbursed in accordance with the appropriate debt-adjustment contract.
5. Preserve all books and accounting records for at least 7 years after making the final entry therein.
Sec. 4. NRS 677.230 is hereby amended to read as follows:
677.230 1. Except as otherwise provided in subsection 2, the commissioner may establish the basis upon which reasonable and adequate reserves must be created and maintained, which must be no less than 3 percent of the deposits, in [cash] :
(a) Cash and due from federally insured financial institutions in this state , financial institutions insured by a private insurer approved pursuant to NRS 678.755, or any Federal Reserve Bank [, in] ;
(b) United States treasury bills or notes [, short-term] ;
(c) Short-term obligations of the federal or state government ; or [money]
(d) Money deposited in federally insured financial institutions in this state , financial institutions insured by a private insurer approved pursuant to NRS 678.755, or any Federal Reserve Bank.
κ1999 Statutes of Nevada, Page 1452 (CHAPTER 354, SB 39)κ
For the purposes of this subsection, short-term means having a maturity of 2 years or less.
2. The commissioner shall require a licensee who is insured by the Federal Deposit Insurance Corporation to comply with the reserve requirements established by that insurer.
Sec. 5. NRS 677.570 is hereby amended to read as follows:
677.570 When the commissioner takes possession of the property and business of any company for the purpose of liquidation or conservation, he may liquidate or conserve the company. In such a liquidation or conservation the commissioner has the same authority with reference to licensees as are vested in the commissioner by Title 55 of NRS with reference to banks and in addition may deposit money coming into his hands in the course of liquidation in one or more state or national banks [.] or credit unions.
Sec. 6. NRS 677.600 is hereby amended to read as follows:
677.600 A licensee shall not deposit any of its money with any other moneyed corporation, unless that corporation has been designated as a depository by a majority vote of the directors or the executive committee, exclusive of any director who is an officer, director or trustee of the depository so designated. Such a depository must be a federally insured financial institution , a financial institution insured by a private insurer approved pursuant to NRS 678.755 or any Federal Reserve Bank.
Sec. 7. NRS 677.610 is hereby amended to read as follows:
677.610 A licensee shall not invest any of its money, except:
1. As authorized in this chapter;
2. In legal investments for banks , credit unions or savings associations; or
3. To the extent of 5 percent or less of its total assets, in preferred stock of corporations which have been given a rating of A or better by a national rating service and which are not in default in the payment of dividends.
Sec. 8. NRS 678.260 is hereby amended to read as follows:
678.260 The commissioner shall:
1. Adopt a regulation establishing the minimum surety bond required of credit unions in relation to the amount of property under their control.
2. Adopt a regulation that sets forth the records a credit union must keep and prescribes the period for which those records must be retained.
3. Maintain the original application of every credit union in a permanent file.
[3.] 4. Maintain for at least 6 years, every report filed by a credit union with the division of financial institutions.
[4.] 5. Except as otherwise provided in NRS 678.800 and 678.810, deposit all fees, charges for expenses, assessments and other money which is collected pursuant to the provisions of this chapter or any regulation adopted thereunder, in the state treasury for credit to the state general fund.
[5.] 6. Prepare copies of articles of incorporation and bylaws consistent with the provisions of this chapter which may be used by persons interested in organizing a credit union.
κ1999 Statutes of Nevada, Page 1453 (CHAPTER 354, SB 39)κ
Sec. 9. NRS 678.490 is hereby amended to read as follows:
678.490 A credit union may:
1. Hold membership in other credit unions organized under this chapter, in the Nevada Credit Union League and in other organizations composed of credit unions;
2. Perform such tasks and missions as may be requested by the Federal Government, the State of Nevada or any agency or political subdivision thereof , including, without limitation, a city, county or school district, when approved by the board of directors and not inconsistent with the provisions of this chapter;
3. Act as fiscal agent for and receive deposits from the Federal Government, [or any of the subdivisions thereof;] the State of Nevada or an agency or political subdivision thereof, including, without limitation, a city, county or school district; and
4. Perform trust services for its members, including the trust estates of deceased members, and act as a custodian of qualified pension funds of self-employed individuals under the provisions of 26 U.S.C. §§ 861 et seq.
Sec. 10. NRS 678.690 is hereby amended to read as follows:
678.690 For the purpose of establishing the reserves required by NRS 678.670 and 678.680, all assets except the following are considered risk assets:
1. Cash on hand;
2. Deposits or shares in federal or state banks, savings and loan associations and credit unions;
3. Assets which are insured by, fully guaranteed as to principal and interest by, or due from the [U.S.] United States Government, its agencies, the Federal National Mortgage Association or the Government National Mortgage Association;
4. Loans to other credit unions;
5. Loans to members of the credit union which are fully secured by the shares of the member applying therefor;
6. Loans to students insured under the provisions of the Higher Education Act of 1965 , [(] 20 U.S.C. §§ 1071 et seq. , [)] or similar state insurance programs;
7. Loans insured under the National Housing Act, as amended , [(] 12 U.S.C. § 1703 , [)] by the Federal Housing Administration;
8. Shares or deposits in central credit unions organized under the provisions of NRS 678.850, or of any other state law or the Federal Credit Union Act of 1934, as amended , [(] 12 U.S.C. §§ 1751 et seq. , [);]
9. Common trust investments which deal in investments authorized by this chapter;
10. Prepaid expenses;
11. Accrued interest on nonrisk investments;
12. Furniture and equipment; [and]
13. Land and buildings [.] ; and
14. A deposit for insurance for members accounts required pursuant to subsection 3 of NRS 678.750.
κ1999 Statutes of Nevada, Page 1454 (CHAPTER 354, SB 39)κ
Sec. 11. NRS 678.730 is hereby amended to read as follows:
678.730 1. A credit union may make loans to its directors and to members of its committees, except that any loan or aggregate of loans to any one director or member of a committee which is more than [$10,000] $30,000 plus pledged shares must be approved by the board.
2. A credit union may permit its directors and members of its committees to act as guarantor or endorser of loans to other members, except that when such a loan standing alone or when added to any outstanding loan to the guarantor is more than [$10,000,] $30,000, approval of the board is required.
Sec. 12. NRS 678.760 is hereby amended to read as follows:
678.760 Money not used in loans to members may be invested in:
1. Securities, obligations, participations or other instruments of or issued by or fully guaranteed as to principal and interest by the United States of America or any agency thereof or in any trust or trusts established for investing directly or collectively in these instruments;
2. Obligations of this state or any political subdivision thereof [;] , including, without limitation, a city, county or school district;
3. Certificates of deposit or passbook type accounts issued by a state or national bank, mutual savings bank or savings and loan association;
4. Loans to or shares or deposits of other credit unions as permitted by the bylaws;
5. Capital shares, obligations or preferred stock issues of any agency or association organized either as a stock company, mutual association or membership corporation if the membership or stockholdings, as the case may be, of the agency or association are confined or restricted to credit unions or organizations of credit unions, and the purposes for which the agency or association is organized are designed to service or otherwise assist credit union operations;
6. Shares of a cooperative society organized under the laws of this state or the United States in a total amount not exceeding 10 percent of the shares, deposits and surplus of the credit union;
7. Capital stock and other securities of a corporation for economic revitalization and diversification organized under the provisions of chapter 670A of NRS, if the credit union is a member of the corporation, and to the extent of its loan limit established under NRS 670A.200;
8. Stocks and bonds of United States corporations to a maximum of 5 percent of unallocated reserves, except that such an investment must be limited to stocks or bonds yielding income which are approved by the commissioner; [and]
9. Loans to any credit union association, national or state, of which the credit union is a member, except that such an investment must be limited to 1 percent of the shares, capital deposits and unimpaired surplus of the credit union [.] ; and
10. Negotiable obligations of federal or state banks.
Sec. 13. NRS 11.290 is hereby amended to read as follows:
11.290 Except as otherwise provided in subsection 5 of NRS 104.3118, to actions brought to recover money or other property deposited with any bank, credit union, banker, trust company or savings and loan society, there is no limitation.
κ1999 Statutes of Nevada, Page 1455 (CHAPTER 354, SB 39)κ
Sec. 14. NRS 31.291 is hereby amended to read as follows:
31.291 1. Debts and credits, due or to become due, from a bank incorporated under the laws of the State of Nevada or the laws of the United States of America, or other personal property held by the bank must be garnished by serving a copy of the writ of garnishment on one of the following officers of the bank:
(a) If the bank has no branches, trust department or military facility, on the president, vice president, assistant vice president, cashier, assistant cashier, manager or other managing officer in charge of the bank owing the debts, or having in its possession or under its control the credits or other personal property.
(b) If the bank has branches or military facilities owing the debts or having in its possession or under its control the credits or other personal property, on the vice president, assistant vice president, assistant cashier, manager or other managing officer in charge of the branch or in charge of the military facility. Service on that officer or agent constitutes a valid levy on any debt, credit or other personal property owing by any branch or military facility of the bank.
(c) If the bank has a trust department owing the debts or having in its possession or under its control the credits or other personal property, on the vice president and trust officer, trust officer, assistant trust officer or other managing officer of the trust department.
2. Debts and credits due or to become due from a credit union or savings and loan association incorporated under the laws of the State of Nevada or the laws of the United States of America or other personal property and choses in action held by the credit union or savings and loan association must be garnished by serving the writ of garnishment in the same manner as upon banks pursuant to subsection 1.
3. A garnishment pursuant to this section creates a lien only upon the amounts in the accounts or to the credit of the debtor at the time of service of the writ of garnishment. An item in the process of collection is included in the amount of an account unless the item is returned unpaid. Money in the accounts that the garnishee has declared under oath and in answers to interrogatories to be exempt from execution is not included in the amount of the account.
4. No garnishment may occur until the defendant has been served with the notice of execution in substantially the form prescribed in NRS 31.045 and in the manner prescribed in NRS 21.076.
Sec. 15. NRS 80.015 is hereby amended to read as follows:
80.015 1. For the purposes of this chapter, the following activities do not constitute doing business in this state:
(a) Maintaining, defending or settling any proceeding;
(b) Holding meetings of the board of directors or stockholders or carrying on other activities concerning internal corporate affairs;
(c) Maintaining [bank accounts;] accounts in banks or credit unions;
(d) Maintaining offices or agencies for the transfer, exchange and registration of the corporations own securities or maintaining trustees or depositaries with respect to those securities;
(e) Making sales through independent contractors;
κ1999 Statutes of Nevada, Page 1456 (CHAPTER 354, SB 39)κ
(f) Soliciting or receiving orders outside of this state through or in response to letters, circulars, catalogs or other forms of advertising, accepting those orders outside of this state and filling them by shipping goods into this state;
(g) Creating or acquiring indebtedness, mortgages and security interests in real or personal property;
(h) Securing or collecting debts or enforcing mortgages and security interests in property securing the debts;
(i) Owning, without more, real or personal property;
(j) Isolated transactions completed within 30 days and not a part of a series of similar transactions;
(k) The production of motion pictures as defined in NRS 231.020;
(l) Transacting business as an out-of-state depository institution pursuant to the provisions of Title 55 of NRS; and
(m) Transacting business in interstate commerce.
2. The list of activities in subsection 1 is not exhaustive.
3. A person who is not doing business in this state within the meaning of this section need not qualify or comply with any provision of NRS 80.010 to [80.270,] 80.280, inclusive, chapter 645A or 645B of NRS or Title 55 or 56 of NRS unless he:
(a) Maintains an office in this state for the transaction of business; or
(b) Solicits or accepts deposits in the state, except pursuant to the provisions of chapter 666 or 666A of NRS.
Sec. 16. NRS 91.110 is hereby amended to read as follows:
91.110 Financial institution means a bank, credit union, savings institution or trust company organized under, or supervised pursuant to, the laws of the United States or of any state.
Sec. 17. NRS 100.060 is hereby amended to read as follows:
100.060 It [shall be] is lawful for any party of whom a bond, undertaking or other obligation is required, to agree with his surety or sureties for the deposit of any [or all moneys] money and assets for which he and his surety or sureties are or may be held responsible, with a bank, credit union, savings bank, safe-deposit or trust company, authorized by law to do business as such, or with [other] another depository approved by the court or a judge thereof, if [such] the deposit is otherwise proper, for the safekeeping thereof, and in such manner as to prevent the withdrawal of [such] the money or assets or any part thereof, without the written consent of [such] the surety or sureties, or an order of court or a judge thereof, made on such notice to [such] the surety or sureties as [such] the court or judge may direct; but [such agreement shall] the agreement does not in any manner release from or change the liability of the principal or sureties as established by the terms of the bond.
Sec. 18. NRS 100.065 is hereby amended to read as follows:
100.065 1. In lieu of any cash payment or surety bond required as protection for the State of Nevada, the person required to provide the cash payment or surety bond may deposit with the state treasurer, unless a different custodian is named by specific statute:
κ1999 Statutes of Nevada, Page 1457 (CHAPTER 354, SB 39)κ
(a) Bonds of the United States or of the State of Nevada of an actual market value of not less than the amount of the required cash payment or surety bond;
(b) A letter of credit from a bank, savings bank , credit union or savings and loan association situated in Nevada, which meets the requirements set for that purpose by the state treasurer; or
(c) A savings certificate, certificate of deposit or investment certificate of a bank, savings bank , credit union or savings and loan association situated in Nevada, which must indicate an account of an amount not less than the amount of the required cash payment or surety bond and, except as otherwise provided by specific statute, that the amount is not available for withdrawal except by direct order of the state treasurer.
2. Whenever a savings certificate, certificate of deposit or investment certificate is deposited as provided in this section, interest earned on the certificate accrues to the account of the depositor.
3. If a surety bond is provided as protection for the State of Nevada, the bond must be issued by an insurer who is authorized or otherwise allowed under Title 57 of NRS to issue such a bond pursuant to Title 57 of NRS.
Sec. 19. NRS 117.065 is hereby amended to read as follows:
117.065 Any person who receives fees from a purchaser of a condominium for the maintenance of the project shall:
1. Immediately deposit [such moneys] the money in a separate custodial account maintained by him with some bank , credit union or recognized depositary in this state.
2. Keep records of all such [moneys] money deposited therein.
Sec. 20. NRS 142.020 is hereby amended to read as follows:
142.020 1. Except as otherwise provided in subsection 6, the requirement of a bond of an executor, administrator or successor executor or administrator is discretionary with the court. Whether a bond is expressly required by the will or not, the court may:
(a) Require a bond if it determines a bond is desirable; or
(b) Dispense with the requirement of a bond if it determines a bond is unnecessary.
2. The bond must be conditioned that the executor or administrator will faithfully execute the duties of the trust according to law, and the bond must be recorded by the clerk.
3. Personal assets of an estate may be deposited with a domestic banking or trust corporation or credit union upon such terms as may be prescribed by order of the court having jurisdiction of the estate. The deposit is subject to the further order of the court. The bond of the executor or administrator may be reduced accordingly.
4. During the pendency of the administration, any person, including a creditor, having an interest in the estate whose value exceeds $10,000 may make a written demand that the executor, administrator or any successor submit a bond. Upon receipt of the demand, the executor, administrator or any successor shall refrain from exercising any powers, except those necessary to preserve the estate, until the bond is filed. The executor, administrator or any successor is not required to file a bond in an amount which is greater than the amount of the claim of the person having an interest in the estate.
κ1999 Statutes of Nevada, Page 1458 (CHAPTER 354, SB 39)κ
in the estate. The court may, upon the petition of the executor, administrator or any successor, dispense with the requirement of a bond.
5. The amount of the bond is the estimated value of all personal property plus income for 1 year from both real and personal property, unless the amount of the bond is expressly mentioned in the will, changed by the court, or required pursuant to subsection 4.
6. If a banking corporation, as defined in NRS 657.016, or trust company, as defined in NRS 669.070, doing business in this state is appointed executor or administrator of the estate of a deceased, no bond is required of the executor or administrator, unless otherwise specifically required by the court.
Sec. 21. NRS 143.175 is hereby amended to read as follows:
143.175 Executors and administrators may, without court approval, deposit or invest [funds] money of the estate in:
1. United States treasury notes, bills or bonds;
2. Negotiable commercial paper, not exceeding 180 days maturity, of prime quality as defined by a nationally recognized organization which rates such securities;
3. Bankers acceptances;
4. Savings accounts or certificates of deposit in national banks, banks chartered by the State of Nevada, federal credit unions, credit unions chartered by the State of Nevada, federal savings and loan associations or savings and loan associations chartered by the State of Nevada; or
5. Any other investment in which an executor or administrator is authorized by law or by a will to invest [moneys or funds] money under his control.
Sec. 22. NRS 144.020 is hereby amended to read as follows:
144.020 1. The executor or administrator may engage a qualified and disinterested appraiser to ascertain the fair market value, as of the decedents death, of any asset the value of which is subject to reasonable doubt. Different persons may be engaged to appraise different kinds of assets included in the estate.
2. Any such appraiser is entitled to a reasonable compensation for his appraisal and may be paid the compensation by the executor or administrator out of the estate at any time after completion of the appraisal.
3. Where there is no reasonable doubt as to the value of assets, such as money, deposits in banks [,] or credit unions, bonds, policies of life insurance or securities for money or evidence of indebtedness, [when the same is] which are equal in value to money, the executor or administrator shall file a verified record of value in lieu of the appraisement.
Sec. 23. NRS 159.117 is hereby amended to read as follows:
159.117 1. Upon approval of the court by order, a guardian of the estate may:
(a) Invest the property of the ward, make loans and accept security therefor, in the manner and to the extent authorized by the court.
(b) Exercise options of the ward to purchase or exchange securities or other property.
2. A guardian of the estate may, without securing the prior approval of the court, invest the property of the ward in the following:
κ1999 Statutes of Nevada, Page 1459 (CHAPTER 354, SB 39)κ
(a) Savings accounts in any bank , credit union or savings and loan association in this state, to the extent that [such] the deposits are insured by the Federal Deposit Insurance Corporation [.] , the National Credit Union Share Insurance Fund or a private insurer approved pursuant to NRS 678.755.
(b) Interest-bearing obligations of or fully guaranteed by the United States.
(c) Interest-bearing obligations of the United States Postal Service.
(d) Interest-bearing obligations of the Federal National Mortgage Association.
(e) Interest-bearing general obligations of this state.
(f) Interest-bearing general obligations of any county, city or school district of this state.
(g) Money market mutual funds which are invested only in those instruments listed in paragraphs (a) to (f), inclusive.
3. A guardian of the estate for two or more wards may invest the property of two or more of the wards in property in which each ward whose property is so invested has an undivided interest. The guardian shall keep a separate record showing the interest of each ward in the investment and in the income, profits or proceeds therefrom.
Sec. 24. NRS 163.150 is hereby amended to read as follows:
163.150 Where a person who is a trustee of two or more trusts has mingled the [funds] money of two or more trusts in the same aggregate of cash, or in the same bank , credit union or brokerage account or other investment, and a withdrawal is made therefrom by the trustee for his own benefit, or for the benefit of a third person not a beneficiary or creditor of one or more of the trusts, or for an unknown purpose, [such a withdrawal shall] the withdrawal must be charged first to the amount of cash, credit, or other property of the trustee in the mingled fund, if any, and after the exhaustion of the trustees cash, credit, or other property, then to the [several] trusts in proportion to their [several] interests in the cash, credit, or other property at the time of the withdrawal.
Sec. 25. NRS 209.201 is hereby amended to read as follows:
209.201 1. The prison revolving account in the sum of $10,000 is hereby created, and may be used for the payment of bills requiring immediate payment and for the issuance of money to assist newly released or paroled offenders, and for no other purposes.
2. The director may deposit the prison revolving account in one or more banks or credit unions of reputable standing.
3. Payments made from the prison revolving account must be promptly reimbursed from appropriated money of the department on claims as other claims against the state are paid.
Sec. 26. NRS 209.248 is hereby amended to read as follows:
209.248 1. The department of prisons shall establish in any insured bank , credit union or savings and loan association doing business in this state an account for disbursements to offenders. The balance in the account must not exceed $600,000. Money in the account may be expended only for the payment of transactions involving offenders trust funds.
κ1999 Statutes of Nevada, Page 1460 (CHAPTER 354, SB 39)κ
2. Payments made from the account for disbursements to offenders must be promptly reimbursed from money in the appropriate fund on deposit with the state treasurer.
Sec. 27. NRS 210.160 is hereby amended to read as follows:
210.160 1. The superintendent may accept money and other valuables of inmates for safekeeping pending their discharges, and shall deposit any such money in a trust fund which he shall establish in a bank , credit union or savings and loan association qualified to receive deposits of public money. He shall keep a full account of any such money and valuables, and shall submit reports to the administrator relative to them as may be required from time to time.
2. The superintendent may transfer the amount of any uncashed check issued by the school to an inmate to the youth training centers gift account after 1 year from the date the check was issued. Each check so issued must be stamped void after 1 year from date of issue.
Sec. 28. NRS 210.170 is hereby amended to read as follows:
210.170 1. The superintendent, subject to the approval of the administrator, may establish an inmates commissary or store for the benefit and use of the inmates. So far as practicable, sales of supplies and materials to the inmates must be at cost. The superintendent shall keep, or cause to be kept, a record of all transactions of the commissary.
2. The youth training center commissary fund is hereby created, and must be used to purchase supplies and materials for resale to the inmates, to provide money for needy inmates, and for other incidentals as may be deemed necessary by the superintendent. All money drawn from the fund must be repaid wherever possible.
3. The superintendent shall deposit any money received for the fund in insured banks [or in insured] credit unions or savings and loan associations and maintain a small sum as petty cash at the commissary.
Sec. 29. NRS 210.540 is hereby amended to read as follows:
210.540 1. [Moneys] Money to carry out the provisions of NRS 210.400 to 210.715, inclusive, [shall] must be provided by legislative appropriation from the general fund.
2. All [moneys] money in any fund in the state treasury available to the school [shall] must be paid out on claims approved by the superintendent as other claims against the state are paid.
3. All [moneys] money on deposit in banks [, which are] or credit unions, which is available to the school, [shall] must be paid out by checks signed by the superintendent or by a deputy designated by him for the purpose.
Sec. 30. NRS 210.560 is hereby amended to read as follows:
210.560 1. The superintendent may accept money and other valuables of inmates for safekeeping pending their discharges, and shall deposit any such money in a trust fund which he shall establish in a bank , credit union or [in a] savings and loan association qualified to receive deposits of public money. The superintendent shall keep a full account of any such money and valuables, and shall submit reports to the administrator relative to them as may be required from time to time.
κ1999 Statutes of Nevada, Page 1461 (CHAPTER 354, SB 39)κ
2. The superintendent may transfer the amount of any uncashed check issued by the school to an inmate to the Caliente youth centers gift account after 1 year from the date the check was issued. Each check so issued must be stamped void after 1 year from date of issue.
Sec. 31. NRS 210.570 is hereby amended to read as follows:
210.570 1. The superintendent, subject to the approval of the administrator, may establish an inmates commissary or store for the benefit and use of the inmates. So far as practicable, sales of supplies and materials to the inmates must be at cost. The superintendent shall keep, or cause to be kept, a record of all transactions of the commissary.
2. The Caliente youth center commissary fund is hereby created, and must be used to purchase supplies and materials for resale to the inmates, to provide money for needy inmates, and for such other incidentals as may be deemed necessary by the superintendent. All money from the fund must be repaid wherever possible.
3. The superintendent shall deposit any money received for the fund in [a bank or in an insured] an insured bank, credit union or savings and loan association qualified to receive deposits of public money under the provisions of chapter 356 of NRS, and the deposit must be secured by a depository bond satisfactory to the state board of examiners.
4. The superintendent may maintain a small sum as petty cash at the commissary.
Sec. 32. NRS 210.750 is hereby amended to read as follows:
210.750 1. Each person who is paroled from the Nevada youth training center or the Caliente youth center must be placed in a reputable home and in either an educational or work program or both. The chief of the youth parole bureau may pay the expenses incurred in providing alternative placements for residential programs and for structured nonresidential programs from money appropriated to the bureau for that purpose.
2. The chief may accept money of parolees for safekeeping pending their discharges from parole. The chief must deposit the money in [federally insured] accounts in banks , credit unions or savings and loan associations [.] that are federally insured or insured by a private insurer approved pursuant to NRS 678.755. He shall keep or cause to be kept a fair and full account of the money, and shall submit such reports concerning the accounts to the administrator of the division of child and family services of the department of human resources as the administrator may require.
3. When any person so paroled has proven his ability to make an acceptable adjustment outside the center or, in the opinion of the chief, is no longer amenable to treatment as a juvenile, the chief shall apply to the committing court for a dismissal of all proceedings and accusations pending against the person.
4. Before the chief recommends that the committing court revoke a persons parole, he shall ascertain from the superintendent of the appropriate center whether adequate facilities remain available at the center to provide the necessary care for the person. If the superintendent advises that there are not such facilities available, that there is not enough money available for support of the person at the center or that the person is not suitable for admission to the center, the chief shall report that fact to the administrator of the division of child and family services, who shall recommend a suitable alternative to the court.
κ1999 Statutes of Nevada, Page 1462 (CHAPTER 354, SB 39)κ
the division of child and family services, who shall recommend a suitable alternative to the court.
Sec. 33. NRS 211.380 is hereby amended to read as follows:
211.380 1. The sheriff of each county may accept money and valuables in the physical possession of a prisoner at the time he is taken into custody. The sheriff shall account separately for all money so accepted and deposit the money in a trust fund which he has established in a bank , credit union or savings and loan association qualified to receive deposits of public money. During the time of the prisoners incarceration, the sheriff may also accept and deposit in the trust fund money belonging to the prisoner which is intended for use by the prisoner to purchase items at the commissary.
2. The sheriff:
(a) Shall keep, or cause to be kept, a full and accurate account of the money and valuables, and shall submit reports to the board of county commissioners relating to the money and valuables as may be required from time to time.
(b) May permit withdrawals for immediate expenditure by a prisoner for personal needs, for payment to a person who is not incarcerated in the jail or for payment required of a prisoner pursuant to NRS 211.241 to 211.249, inclusive.
(c) Shall, upon the release of each prisoner, return his valuables and pay over to the prisoner any remaining balance in his individual account.
3. The interest and income earned on the money in the fund, after deducting any applicable charges, must be credited to the account established for the commissary pursuant to NRS 211.360. If a commissary has not been established, the interest and income earned must be deposited with the county treasurer for credit to the county general fund.
Sec. 34. NRS 218.644 is hereby amended to read as follows:
218.644 1. The legislative counsel bureau shall maintain a checking account in any qualified bank or credit union for the purposes of providing advance money and reimbursement to legislators and employees for travel expenses, paying the salaries of persons on the payroll of the legislative branch of government, related payroll costs and any other expenses directed by the legislative commission. The account must be secured by a depository bond to the extent the account is not insured by the Federal Deposit Insurance Corporation [.] , the National Credit Union Share Insurance Fund or a private insurer approved pursuant to NRS 678.755. All checks written on this account must be signed by the chairman of the legislative commission and the director of the legislative counsel bureau or his designee, except that during a regular session of the legislature, the majority leader of the senate and the speaker of the assembly shall sign the checks.
2. A request for advance money for travel constitutes a lien in favor of the legislative fund upon the accrued salary, subsistence allowance and travel expenses of the legislator or employee in an amount equal to the sum advanced.
3. The legislator or employee is entitled to receive upon request any authorized travel expenses in excess of the amount advanced. The legislator or employee shall reimburse the legislative fund any amount advanced that is not used for reimbursable travel expenses.
κ1999 Statutes of Nevada, Page 1463 (CHAPTER 354, SB 39)κ
Sec. 35. NRS 228.099 is hereby amended to read as follows:
228.099 1. There is hereby created a revolving account for the office of attorney general in the sum of $5,000, which must be used for payment of expenses related to litigation which are unexpected and require prompt payment and for no other purposes.
2. The attorney general shall deposit the money in the revolving account in a bank or credit union qualified to receive deposits of public [funds] money as provided by law and the deposit must be secured by a depository bond satisfactory to the state board of examiners.
3. The attorney general or his designee may sign all checks drawn upon the revolving account.
4. Payments made from the revolving account must be promptly reimbursed from the legislative appropriation, if any, to the attorney general for special litigation expenses. The claim for reimbursement must be processed and paid as other claims against the state are paid.
Sec. 36. NRS 244.207 is hereby amended to read as follows:
244.207 1. Notwithstanding any other provision of law, the boards of county commissioners in their respective counties may establish by ordinance central receiving and disbursing systems for the handling of county money and money held in trust by the county or by any of its elected or appointed officers. Such systems may include, but are not limited to, the following:
(a) The commingling of all the money from any source if the accounting system employed supplies full information concerning the sources of the money.
(b) The elimination of departmental accounts in an insured bank [accounts, or accounts in insured] , credit union or savings and loan [associations] association by commingling the money in an account or accounts maintained by the county treasurer.
(c) The elimination of trust [bank] accounts in a bank or credit union, created for any reason [whatsoever,] as long as adequate records are maintained to identify fully all trust money. The money previously held in such trust [bank] accounts may be commingled with other money held in [bank] accounts maintained in a bank or credit union by the county treasurer.
(d) The centralization of all disbursing of all money, including trust money, if the accounting system employed supplies full information concerning the disposition of the money.
(e) The centralization of part or all of billing and collection aspects of business licenses, personal property and any other activity of any of the offices of the county that involves billing for services, taxes or fees imposed by statute or ordinance, or the collection of money in payment of such billings.
(f) In a county whose population is 100,000 or more, the centralization of part or all of the billing and collection aspects of any fine, fee, bail or forfeiture imposed by a court and any payment ordered by a court pursuant to NRS 178.3975.
2. Investment income from the commingled money [will] must be credited to the general fund of the county if other provisions of law or contract do not require other allocation of [such] the investment income.
κ1999 Statutes of Nevada, Page 1464 (CHAPTER 354, SB 39)κ
3. [Nothing in this section:
(a) Eliminates] This section does not:
(a) Eliminate the reporting requirements of various elected and appointed officials relating to the receipt and disposition of money.
(b) [Limits] Limit the right of a local government as defined in NRS 354.474, but not including a county, whose money is held in trust by the county to direct the receipt, disbursement and investment of its money independently of the system provided for in this section, where [such] the independent direction is otherwise authorized by law.
Sec. 37. NRS 244A.721 is hereby amended to read as follows:
244A.721 1. The county may provide that proceeds from the sale of bonds and special funds from the revenues of the project must be invested and reinvested in such securities and other investments, whether or not any such investment or reinvestment is authorized under any other law of this state, as may be provided in the proceedings under which the bonds are authorized to be issued, including, but not limited to:
(a) Bonds or other obligations of the United States of America.
(b) Bonds or other obligations, the payment of the principal and interest of which is unconditionally guaranteed by the United States of America.
(c) Obligations issued or guaranteed as to principal and interest by any agency or person controlled or supervised by and acting as an instrumentality of the United States of America pursuant to authority granted by the Congress of the United States of America.
(d) Obligations issued or guaranteed by any state of the United States of America, or any political subdivision of any such state.
(e) Prime commercial paper.
(f) Prime finance company paper.
(g) Bankers acceptances drawn on and accepted by commercial banks.
(h) Repurchase agreements fully secured by obligations issued or guaranteed as to principal and interest by the United States of America or by any person controlled or supervised by and acting as an instrumentality of the United States of America pursuant to authority granted by the Congress of the United States of America.
(i) Certificates of deposit issued by credit unions or commercial banks, including banks domiciled outside of the United States of America.
(j) Money market mutual funds that:
(1) Are registered with the Securities and Exchange Commission;
(2) Are rated by a nationally recognized rating service as AAA or its equivalent; and
(3) Invest only in securities issued or guaranteed as to payment of principal and interest by the Federal Government, or its agencies or instrumentalities, or in repurchase agreements that are fully collateralized by [such] the securities.
2. The county may also provide that such proceeds or funds or investments and the payments payable under the lease, the agreement of sale or the financing agreement must be received, held and disbursed by one or more banks , credit unions or trust companies located within or out of this state.
κ1999 Statutes of Nevada, Page 1465 (CHAPTER 354, SB 39)κ
Sec. 38. NRS 266.515 is hereby amended to read as follows:
266.515 1. The treasurer, or the county treasurer when acting as ex officio city treasurer, shall keep all money belonging to the city separate from all other money held by him for any other purpose or fund and may, when one or more insured banks , credit unions or [insured] savings and loan associations are located in the city, deposit, with unanimous consent of his bondsmen, city money in such banks , credit unions or savings and loan associations in demand or time accounts. When no such banks , credit unions or savings and loan associations exist in the city, he may deposit, with the unanimous consent of his bondsmen, city money with any insured bank, [or any insured] credit union or savings and loan association in the State of Nevada in demand or time accounts.
2. The accounts must be kept in the name of the city in such manner as the governing board of the city may prescribe and under such terms and conditions for the protection of the money as the governing board may determine, not inconsistent with other laws of the State of Nevada regulating the deposit of public money.
3. The balances in banks , credit unions or savings and loan associations, as certified to by the proper officer thereof, and by the oath of the city treasurer, may be counted as cash.
Sec. 39. NRS 268.025 is hereby amended to read as follows:
268.025 Any incorporated city or other local government may deposit any money under the control of its treasurer in any insured state or national bank, [or in any insured] credit union or savings and loan association which has an office within the State of Nevada.
Sec. 40. NRS 268.540 is hereby amended to read as follows:
268.540 1. Unless prohibited by its charter, the city may provide that proceeds from the sale of bonds and special funds from the revenues of the project be invested and reinvested in such securities and other investments, whether or not any such investment or reinvestment is authorized under any other law of this state, as provided in the proceedings under which the bonds are authorized to be issued, including , but not limited to:
(a) Bonds or other obligations of the United States of America.
(b) Bonds or other obligations, the payment of the principal and interest of which is unconditionally guaranteed by the United States of America.
(c) Obligations issued or guaranteed as to principal and interest by any agency or person controlled or supervised by and acting as an instrumentality of the United States of America pursuant to authority granted by the Congress of the United States of America.
(d) Obligations issued or guaranteed by any state of the United States of America, or any political subdivision of any such state.
(e) Prime commercial paper.
(f) Prime finance company paper.
(g) Bankers acceptances drawn on and accepted by commercial banks.
(h) Repurchase agreements fully secured by obligations issued or guaranteed as to principal and interest by the United States of America or by any person controlled or supervised by and acting as an instrumentality of the United States of America pursuant to authority granted by the Congress of the United States of America.
κ1999 Statutes of Nevada, Page 1466 (CHAPTER 354, SB 39)κ
(i) Certificates of deposit issued by credit unions or commercial banks, including banks domiciled outside of the United States of America.
(j) Money market mutual funds that:
(1) Are registered with the Securities and Exchange Commission;
(2) Are rated by a nationally recognized rating service as AAA or its equivalent; and
(3) Invest only in securities issued or guaranteed as to payment of principal and interest by the Federal Government, or its agencies or instrumentalities, or in repurchase agreements that are fully collateralized by [such] the securities.
2. The city may also provide that such proceeds or funds or investments and the payments payable under the lease, the agreement of sale or the financing agreement be received, held and disbursed by one or more banks , credit unions or trust companies located within or out of this state.
Sec. 41. NRS 281.171 is hereby amended to read as follows:
281.171 1. The account for travel advances is hereby created. Money in the account must be used by the state treasurer [for the purpose of providing] to provide advance money to state officers and employees for travel expenses and subsistence allowances.
2. The state treasurer shall deposit the money in the account in a bank or credit union qualified to receive deposits of public [funds,] money, and the deposit must be secured by collateral satisfactory to the state board of examiners.
3. The state treasurer or any of his officers or employees whom he has designated for [the] this purpose may sign all checks and warrants drawn upon the account.
Sec. 42. NRS 286.220 is hereby amended to read as follows:
286.220 1. The board shall establish a fund known as the public employees retirement fund.
2. It is hereby declared to be the policy of the legislature that the public employees retirement fund is a trust fund established to afford a degree of security to long-time public employees of the state and its political subdivisions. The money in the fund must not be used or appropriated for any purpose incompatible with the policy of the public employees retirement system, as expressed in NRS 286.015. The fund must be invested and administered to assure the highest return consistent with safety in accordance with accepted investment practices.
3. The interest and income earned on the money in the public employees retirement fund, after deducting any applicable charges, must be credited to the fund.
4. Money in the public employees retirement fund must be expended by the board for the purpose of paying:
(a) Service retirement allowances;
(b) Disability retirement allowances;
(c) Post-retirement allowances;
(d) Benefits for survivors;
(e) Authorized refunds to members and their beneficiaries;
(f) Amounts equivalent to disability retirement allowances to be used by employers for rehabilitation; and
κ1999 Statutes of Nevada, Page 1467 (CHAPTER 354, SB 39)κ
(g) Allowances to beneficiaries,
and for the payment of expenses authorized by law to be paid from the fund.
5. Contributions from members and from participating public employers to the public employees retirement fund must be deposited in a bank or credit union of reputable standing in the State of Nevada. Such deposits must be secured in a manner satisfactory to the board.
6. All checks drawn upon the public employees retirement fund must be signed by two persons designated by the board.
Sec. 43. NRS 286.680 is hereby amended to read as follows:
286.680 1. In addition to the provisions of chapter 355 of NRS, the board may invest and reinvest the money in its funds as provided in this section and NRS 286.682 and may employ investment counsel for that purpose. The board may also employ investment supervisory services, trust audit services and other related investment services which it deems necessary to invest effectively and safeguard the money in the systems funds.
2. No person engaged in business as a broker or dealer in securities or who has a direct pecuniary interest in any such business who receives commissions for transactions performed as agent for the board is eligible for employment as investment counsel for the board.
3. The board shall not engage investment counsel unless:
(a) The principal business of the person selected by the board consists of giving continuous advice as to the investment of money on the basis of the individual needs of each client;
(b) The person and his predecessors have been continuously engaged in such a business for a period of 5 or more years;
(c) The person is registered as an investment adviser under the laws of the United States as from time to time in effect, or is a bank or an investment management subsidiary of a bank; and
(d) The contract between the board and the investment counsel is of no specific duration and is voidable at any time by either party.
4. The board and its individual members are not liable for investment decisions made by investment counsel if they obtain qualified investment counsel, establish proper objectives and policies for investments, and issue appropriate interim directives. Investment counsel is liable for any investment decision that is not made in accordance with the objectives and policies established by the board and any applicable interim directives.
5. The expenses incurred in obtaining and reviewing services pursuant to the provisions of this section and the reimbursements to employees for their expenses incurred in connection with investment decisions must be paid out of the public employees retirement fund and the police and firemens retirement fund in proportion to their respective assets.
6. The board shall tender invitations to banks and credit unions for commercial banking and trust services, consider proposals submitted by interested banks [,] and credit unions, and consider contracts for commercial banking and trust services at least every 5 years.
Sec. 44. NRS 287.010 is hereby amended to read as follows:
287.010 1. The governing body of any county, school district, municipal corporation, political subdivision, public corporation or other public agency of the State of Nevada may:
κ1999 Statutes of Nevada, Page 1468 (CHAPTER 354, SB 39)κ
(a) Adopt and carry into effect a system of group life, accident or health insurance, or any combination thereof, for the benefit of its officers and employees, and the dependents of officers and employees who elect to accept the insurance and who, where necessary, have authorized the governing body to make deductions from their compensation for the payment of premiums on the insurance.
(b) Purchase group policies of life, accident or health insurance, or any combination thereof, for the benefit of such officers and employees, and the dependents of such officers and employees, as have authorized the purchase, from insurance companies authorized to transact the business of such insurance in the State of Nevada, and, where necessary, deduct from the compensation of officers and employees the premiums upon insurance and pay the deductions upon the premiums.
(c) Provide group life, accident or health coverage through a self-insurance reserve fund and, where necessary, deduct contributions to the maintenance of the fund from the compensation of officers and employees and pay the deductions into the fund. The money accumulated for this purpose through deductions from the compensation of officers and employees and contributions of the governing body must be maintained as an internal service fund as defined by NRS 354.543. The money must be deposited in a state or national bank or credit union authorized to transact business in the State of Nevada. Any independent administrator of a fund created under this section is subject to the licensing requirements of chapter 683A of NRS, and must be a resident of this state. Any contract with an independent administrator must be approved by the commissioner of insurance as to the reasonableness of administrative charges in relation to contributions collected and benefits provided. The provisions of NRS 689B.030 to 689B.050, inclusive, apply to coverage provided pursuant to this paragraph.
(d) Defray part or all of the cost of maintenance of a self-insurance fund or of the premiums upon insurance. The money for contributions must be budgeted for in accordance with the laws governing the county, school district, municipal corporation, political subdivision, public corporation or other public agency of the State of Nevada.
2. If a school district offers group insurance to its officers and employees pursuant to this section, members of the board of trustees of the school district must not be excluded from participating in the group insurance. If the amount of the deductions from compensation required to pay for the group insurance exceeds the compensation to which a trustee is entitled, the difference must be paid by the trustee.
Sec. 45. NRS 315.400 is hereby amended to read as follows:
315.400 1. A commissioner or employee of the authority shall not voluntarily acquire any interest, direct or indirect, except as a residential tenant, in any housing project or in any property included or planned to be included in any housing project, or in any contract or proposed contract in connection with any housing project. Where the acquisition is not voluntary, the commissioner or employee shall immediately disclose the interest in writing to the authority and the disclosure must be entered upon the minutes of the authority. Upon disclosure the commissioner or employee shall not participate in any action by the authority involving the housing project, property or contract.
κ1999 Statutes of Nevada, Page 1469 (CHAPTER 354, SB 39)κ
property or contract. If any commissioner or employee of the authority previously owned or controlled an interest, direct or indirect, in any housing project or in any property included or planned to be included in any housing project, or in any contract or proposed contract in connection with any housing project, he shall immediately disclose the interest in writing to the authority and the disclosure must be entered upon the minutes of the authority. Upon disclosure the commissioner or employee shall not participate in any action by the authority involving the housing project, property or contract.
2. Any violation of this section constitutes misconduct in office.
3. This section is not applicable to the acquisition of any interest in notes or bonds of the authority issued in connection with any housing project or the execution of agreements by [banking] financial institutions for the deposit or handling of [funds] money in connection with a housing project or to act as trustee under any trust indenture.
Sec. 46. NRS 315.981 is hereby amended to read as follows:
315.981 1. A commissioner or employee of the authority shall not voluntarily acquire any interest, direct or indirect, except as a residential tenant, in any housing project or in any property included or planned to be included in any housing project, or in any contract or proposed contract in connection with any housing project. Where the acquisition is not voluntary, the commissioner or employee shall immediately disclose the interest in writing to the authority and the disclosure must be entered upon the minutes of the authority. Upon disclosure the commissioner or employee shall not participate in any action by the authority involving the housing project, property or contract. If any commissioner or employee of the authority previously owned or controlled an interest, direct or indirect, in any housing project or in any property included or planned to be included in any housing project, or in any contract or proposed contract in connection with any housing project, he shall immediately disclose the interest in writing to the authority and the disclosure must be entered upon the minutes of the authority. Upon disclosure the commissioner or employee shall not participate in any action by the authority involving the housing project, property or contract.
2. A violation of any provision of this section constitutes malfeasance in office.
3. This section is not applicable to the acquisition of any interest in notes or bonds of the authority issued in connection with any housing project or the execution of agreements by [banking] financial institutions for the deposit or handling of [funds] money in connection with a housing project or to act as trustee under any trust indenture.
Sec. 47. NRS 349.160 is hereby amended to read as follows:
349.160 Commercial bank means [a] :
1. A state or national bank or trust company [which] that is a member of the Federal Deposit Insurance Corporation, including , without limitation [any trust bank as herein defined.] , a branch of the Federal Reserve Bank.
2. A credit union whose deposits are insured by the National Credit Union Share Insurance Fund or by a private insurer approved pursuant to NRS 678.755.
κ1999 Statutes of Nevada, Page 1470 (CHAPTER 354, SB 39)κ
Sec. 48. NRS 349.208 is hereby amended to read as follows:
349.208 Trust bank means [a] :
1. A commercial bank as defined in NRS 349.160 [which bank] that is authorized to exercise and is exercising trust powers . [and also means any]
2. A branch of the Federal Reserve Bank.
3. A credit union whose deposits are insured by the National Credit Union Share Insurance Fund or by a private insurer approved pursuant to NRS 678.755 that is authorized to exercise and is exercising trust powers.
Sec. 49. NRS 349.450 is hereby amended to read as follows:
349.450 Expense of operation and maintenance means any reasonable and necessary current expense of the state for the operation, maintenance or administration of a project or of the collection and administration of revenues from a project. The term includes, among other expenses:
1. Expenses for engineering, auditing, reporting, legal services and other expenses of the director which are directly related to the administration of projects.
2. Premiums for fidelity bonds and policies of property and liability insurance pertaining to projects, and shares of the premiums of blanket bonds and policies which may be reasonably allocated to the state.
3. Payments to pension, retirement, health insurance and other insurance funds.
4. Reasonable charges made by any paying agent, commercial bank, credit union, trust company or other depository bank pertaining to any bonds.
5. Services rendered under the terms of contracts, services of professionally qualified persons, salaries, administrative expenses and the cost of materials, supplies and labor pertaining to the issuance of any bonds, including the expenses of any trustee, receiver or other fiduciary.
6. Costs incurred in the collection and any refund of revenues from the project, including the amount of the refund.
Sec. 50. NRS 349.630 is hereby amended to read as follows:
349.630 The director shall adopt regulations for:
1. Investment and reinvestment of the proceeds from the sale of bonds, including, but not limited to:
(a) Bonds or other obligations of the United States of America.
(b) Bonds or other obligations, the payment of the principal and interest of which is unconditionally guaranteed by the United States of America.
(c) Obligations issued or guaranteed as to principal and interest by any agency or person controlled or supervised by and acting as an instrumentality of the United States of America pursuant to authority granted by the Congress of the United States of America.
(d) Obligations issued or guaranteed by any state of the United States of America, or any political subdivision of any state.
(e) Prime commercial paper.
(f) Prime finance company paper.
(g) Bankers acceptances drawn on and accepted by commercial banks.
(h) Repurchase agreements fully secured by obligations issued or guaranteed as to principal and interest by the United States of America or by any person controlled or supervised by and acting as an instrumentality of the United States of America pursuant to authority granted by the Congress of the United States of America.
κ1999 Statutes of Nevada, Page 1471 (CHAPTER 354, SB 39)κ
United States of America pursuant to authority granted by the Congress of the United States of America.
(i) Certificates of deposit issued by credit unions or commercial banks, including banks domiciled outside of the United States of America.
(j) Money market mutual funds that:
(1) Are registered with the Securities and Exchange Commission;
(2) Are rated by a nationally recognized rating service as AAA or its equivalent; and
(3) Invest only in securities issued or guaranteed as to payment of principal and interest by the Federal Government, or its agencies or instrumentalities, or in repurchase agreements that are fully collateralized by such securities.
2. Receiving, holding and disbursing of proceeds of the sale of bonds by one or more banks , credit unions or trust companies located within or out of this state.
Sec. 51. NRS 349.907 is hereby amended to read as follows:
349.907 Expense of operation and maintenance means any reasonable and necessary current expense of the state for the operation, maintenance or administration of the financing or of the collection and administration of revenues from the financing, and includes, but is not limited to:
1. Expenses for engineering, auditing, reporting or legal services and any other expense incurred by the director which are directly related to the administration of the financing;
2. Premiums for fidelity bonds and policies of property and liability insurance pertaining to the financing;
3. Premiums for blanket bonds and policies, or any portion of, which may be reasonably allocated to the state;
4. Payments to pension, retirement and health insurance and other insurance funds;
5. Reasonable charges by any paying agent, commercial bank, credit union, trust company or other depository bank pertaining to any bonds;
6. Salaries or fees paid pursuant to any contract for professional services;
7. Cost of materials, supplies and labor pertaining to the issuance of any bonds, including the expenses of any trustee, receiver or other fiduciary; and
8. Costs incurred in the collection and any refund of revenues pursuant to the financing.
Sec. 52. NRS 349.924 is hereby amended to read as follows:
349.924 The director shall adopt regulations for:
1. Investment and reinvestment of the proceeds designated for the account for venture capital from the sale of bonds, including, but not limited to:
(a) Bonds or other obligations of the United States.
(b) Bonds or other obligations, the payment of the principal and interest of which is unconditionally guaranteed by the United States.
(c) Obligations issued or guaranteed as to principal and interest by any agency or person controlled or supervised by and acting as an instrumentality of the United States pursuant to authority granted by the Congress of the United States.
κ1999 Statutes of Nevada, Page 1472 (CHAPTER 354, SB 39)κ
(d) Obligations issued or guaranteed by any state of the United States, or any political subdivision of any state.
(e) Prime commercial paper.
(f) Prime finance company paper.
(g) Bankers acceptances drawn on and accepted by commercial banks.
(h) Repurchase agreements fully secured by obligations issued or guaranteed as to principal and interest by the United States or by any person controlled or supervised by and acting as an instrumentality of the United States pursuant to authority granted by the Congress of the United States.
(i) Certificates of deposit issued by credit unions or commercial banks, including banks domiciled outside of the United States.
(j) Money market mutual funds that:
(1) Are registered with the Securities and Exchange Commission;
(2) Are rated by a nationally recognized rating service as AAA or its equivalent; and
(3) Invest only in securities issued or guaranteed as to payment of principal and interest by the Federal Government, or its agencies or instrumentalities, or in repurchase agreements that are fully collateralized by such securities.
2. Receiving, holding and disbursing of proceeds of the sale of bonds by one or more banks or trust companies located within or outside of this state.
This section does not expand the authority for investing the proceeds of bonds placed in the fund for the retirement of bonds.
Sec. 53. NRS 349.939 is hereby amended to read as follows:
349.939 Expense of operation and maintenance means any reasonable and necessary current expense of the state for the operation, maintenance or administration of a water project or of the collection and administration of revenues from a water project. The term includes, among other expenses:
1. Expenses for engineering, auditing, reporting, legal services and other expenses of the director which are directly related to the administration of water projects.
2. Premiums for fidelity bonds and policies of property and liability insurance pertaining to water projects, and shares of the premiums of blanket bonds and policies which may be reasonably allocated to the state.
3. Payments to pension, retirement, health insurance and other insurance funds.
4. Reasonable charges made by any paying agent, commercial bank, credit union, trust company or other depository bank pertaining to any bonds.
5. Services rendered under the terms of contracts, services of professionally qualified persons, salaries, administrative expenses and the cost of materials, supplies and labor pertaining to the issuance of any bonds, including the expenses of any trustee, receiver or other fiduciary.
6. Costs incurred in the collection and any refund of revenues from the water project, including the amount of the refund.
κ1999 Statutes of Nevada, Page 1473 (CHAPTER 354, SB 39)κ
Sec. 54. NRS 350.512 is hereby amended to read as follows:
350.512 Commercial bank means [a] :
1. A state or national bank or trust company [which] that is a member of the Federal Deposit Insurance Corporation, including , without limitation [any trust bank as herein defined.] , a branch of the Federal Reserve Bank.
2. A credit union whose deposits are insured by the National Credit Union Share Insurance Fund or by a private insurer approved pursuant to NRS 678.755.
Sec. 55. NRS 350.564 is hereby amended to read as follows:
350.564 Trust bank means [a] :
1. A commercial bank as defined in NRS 350.512 [which bank] that is authorized to exercise and is exercising trust powers . [and also means any]
2. A branch of the Federal Reserve Bank.
3. A credit union whose deposits are insured by the National Credit Union Share Insurance Fund or by a private insurer approved pursuant to NRS 678.755 that is authorized to exercise and is exercising trust powers.
Sec. 56. NRS 350A.040 is hereby amended to read as follows:
350A.040 Cost of a lending project means all or any designated part of the cost of any lending project, including any incidental cost pertaining to such a project. The cost of a lending project may include, without limitation, the costs of:
1. Surveys, audits, preliminary plans, other plans, specifications, estimates and other costs of preparations.
2. Appraising, printing, estimating, advice, services of engineers, architects, financial consultants, attorneys, clerical personnel and other agents and employees.
3. Publishing, posting, mailing and otherwise giving notice, filing or recording instruments, taking options and fees to banks [.] and credit unions.
4. Establishment of a reserve for contingencies.
5. Interest on state securities for any time which does not exceed 3 years, discounts on such state securities, reserves for the payment of the principal of and interest on such securities, replacement expenses and other costs of issuing such securities.
6. Amending any resolution or other instrument authorizing the issuance of, or otherwise relating to, state securities for any lending project.
7. Funding medium-term obligations.
8. Financing the issuance of state securities and any other expenses necessary in connection with a lending project, as determined by the board.
Sec. 57. NRS 350A.050 is hereby amended to read as follows:
350A.050 Expense of operation and maintenance means any reasonable and necessary current expense of the state for the operation, maintenance or administration of a lending project or of the collection and administration of revenues therefrom. The term includes, without limitation:
1. Expenses for engineering, auditing, reporting, legal services and other expenses of the state treasurer which are directly related to the administration of lending projects.
κ1999 Statutes of Nevada, Page 1474 (CHAPTER 354, SB 39)κ
2. Premiums for fidelity bonds and policies of property and liability insurance pertaining to lending projects, and shares of the premiums of blanket bonds and policies which may be reasonably allocated to lending projects.
3. Payments to pension, retirement, health insurance and other insurance funds.
4. Reasonable charges made by any paying agent, commercial bank, credit union, trust company or other depository bank pertaining to any state securities.
5. Services rendered under the terms of contracts, services of professionally qualified persons, salaries, administrative expenses and the cost of materials, supplies and labor pertaining to the issuance of any state securities, including the expenses of any trustee, receiver or other fiduciary.
6. Costs incurred in the collection and any refund of revenues from a lending project, including the amount of the refund.
Sec. 58. NRS 354.603 is hereby amended to read as follows:
354.603 1. The board of trustees of any county school district, the board of hospital trustees of any county hospital or the board of trustees of any consolidated library district or district library may establish and administer separate accounts in [any bank] :
(a) A bank whose deposits are insured by the Federal Deposit Insurance Corporation ;
(b) A credit union whose deposits are insured by the National Credit Union Share Insurance Fund or by a private insurer approved pursuant to NRS 678.755; or [in any]
(c) A savings and loan association whose deposits if made by the state, a local government or an agency of either , are insured by the Federal Deposit Insurance Corporation, or the legal successor of the Federal Deposit Insurance Corporation,
for money deposited by the county treasurer which is by law to be administered and expended by those boards.
2. The county treasurer shall transfer the money to [such] a separate account pursuant to subsection 1 when the following conditions are met:
(a) The board of trustees of the county school district, the board of hospital trustees of the county hospital or the board of trustees of the consolidated library district or district library adopts a resolution declaring an intention to establish and administer a separate account in accordance with the provisions of this section.
(b) The board of trustees of the county school district, the board of hospital trustees of the county hospital or the board of trustees of the consolidated library district or district library sends a certificate to the county treasurer, the county auditor, the board of county commissioners and, in the case of the board of trustees of the county school district, to the department of education, attested by the secretary of the board, declaring the intention of the board to establish and administer a separate account in accordance with the provisions of this section.
(c) The board of hospital trustees of the county hospital or the board of trustees of the consolidated library district or district library submits monthly reports, listing all transactions involving the separate account, to the county treasurer, the county auditor and the board of county commissioners.
κ1999 Statutes of Nevada, Page 1475 (CHAPTER 354, SB 39)κ
treasurer, the county auditor and the board of county commissioners. The reports must be certified by the secretary of the board. In addition, the board shall give a full account and record of all money in such an account upon request of the board of county commissioners.
[2.] 3. The separate account of the board of trustees of the county school district established under the provisions of this section must be composed of:
(a) The county school district fund; and
(b) The county school district building and sites fund.
[3.] 4. The separate account established by the board of county hospital trustees is designated the county hospital fund.
[4.] 5. The separate account of the board of trustees of the consolidated library district or district library established under the provisions of this section must be composed of:
(a) The fund for the consolidated library or district library, as appropriate; and
(b) The fund for capital projects of the consolidated library or district library, as appropriate.
[5.] 6. No expenditures from an account may be made in excess of the balance of the account.
[6.] 7. Such an account must support all expenditures properly related to the purpose of the fund, excluding direct payments of principal and interest on general obligation bonds, and including, but not limited to, debt service, capital projects, capital outlay and operating expenses.
[7.] 8. The board of county commissioners, if it determines that there is clear evidence of misuse or mismanagement of money in any separate account, may order the closing of the account and the return of the money to the county treasury to be administered in accordance with existing provisions of law. The board of trustees of the county school district, the board of hospital trustees of the county hospital or the board of trustees of the consolidated library district or district library is entitled to a hearing before the board of county commissioners.
Sec. 59. NRS 354.609 is hereby amended to read as follows:
354.609 1. The governing body of any local government may, by resolution, establish one or more petty cash accounts, imprest accounts or revolving [bank] accounts in a bank or credit union to assist in the administration of any activities in which [such] the local government is authorized by law to engage.
2. [Such] A resolution establishing any petty cash account, imprest account or revolving [bank] account in a bank or credit union shall, in detail, set forth the following:
(a) The object and purpose of [such] the account.
(b) The source of money to be used to establish and maintain [such] the account.
(c) The method of controlling expenditures from [such] the account.
(d) The maximum dollar amount of any single expenditure.
3. Payments made out of any such accounts in accordance with the establishing resolution may be made directly without approval of the governing body of any local government.
κ1999 Statutes of Nevada, Page 1476 (CHAPTER 354, SB 39)κ
4. Reimbursement of any such petty cash, imprest or revolving accounts [shall be effected] must be made no less often than monthly. [Such reimbursement shall] The reimbursement must be supported by proper evidences of expenditures made from the account and [shall] must be approved by the governing body in the same manner as other claims against the fund to which [such] the reimbursement is to be charged.
Sec. 60. NRS 354.695 is hereby amended to read as follows:
354.695 1. As soon as practicable after taking over the management of a local government, the department shall, with the approval of the committee:
(a) Establish and implement a management policy and a financing plan for the local government;
(b) Provide for the appointment of a financial manager for the local government who is qualified to manage the fiscal affairs of the local government;
(c) Provide for the appointment of any other persons necessary to enable the local government to provide the basic services for which it was created in the most economical and efficient manner possible;
(d) Establish an accounting system and separate [bank accounts,] accounts in a bank or credit union, if necessary, to receive and expend all money and assets of the local government;
(e) Impose such hiring restrictions as deemed necessary after considering the recommendations of the financial manager;
(f) Negotiate and approve all contracts entered into by or on behalf of the local government before execution and enter into such contracts on behalf of the local government as the department deems necessary;
(g) Negotiate and approve all collective bargaining contracts to be entered into by the local government, except issues submitted to a factfinder whose findings and recommendations are final and binding pursuant to the provisions of the Local Government Employee-Management Relations Act;
(h) Approve all expenditures of money from any fund or account and all transfers of money from one fund to another;
(i) Employ such technicians as are necessary for the improvement of the financial condition of the local government;
(j) Meet with the creditors of the local government and formulate a debt liquidation program;
(k) Approve the issuance of bonds or other forms of indebtedness by the local government;
(l) Discharge any of the outstanding debts and obligations of the local government; and
(m) Take any other actions necessary to ensure that the local government provides the basic services for which it was created in the most economical and efficient manner possible.
2. The department may provide for reimbursement from the local government for the expenses it incurs in managing the local government. If such reimbursement is not possible, the department may request an allocation by the interim finance committee from the contingency fund pursuant to NRS 353.266, 353.268 and 353.269.
κ1999 Statutes of Nevada, Page 1477 (CHAPTER 354, SB 39)κ
3. The governing body of a local government which is being managed by the department pursuant to this section may make recommendations to the department or the financial manager concerning the management of the local government.
4. Each state agency, board, department, commission, committee or other entity of the state shall provide such technical assistance concerning the management of the local government as is requested by the department.
5. The department may delegate any of the powers and duties imposed by this section to the financial manager appointed pursuant to paragraph (b) of subsection 1.
6. Except as otherwise provided in section 1 of Assembly Bill No. 275 of this [act,] session, once the department has taken over the management of a local government pursuant to the provisions of subsection 1, that management may only be terminated pursuant to NRS 354.725.
Sec. 61. NRS 355.140 is hereby amended to read as follows:
355.140 1. In addition to other investments provided for by a specific statute, the following bonds and other securities are proper and lawful investments of any of the money of this state, of its various departments, institutions and agencies, and of the state insurance fund:
(a) Bonds and certificates of the United States;
(b) Bonds, notes, debentures and loans if they are underwritten by or their payment is guaranteed by the United States;
(c) Obligations or certificates of the United States Postal Service, the Federal National Mortgage Association, the Government National Mortgage Association, the Federal Home Loan Banks, the Federal Home Loan Mortgage Corporation or the Student Loan Marketing Association, whether or not guaranteed by the United States;
(d) Bonds of this state or other states of the Union;
(e) Bonds of any county of this state or of other states;
(f) Bonds of incorporated cities in this state or in other states of the Union, including special assessment district bonds if those bonds provide that any deficiencies in the proceeds to pay the bonds are to be paid from the general fund of the incorporated city;
(g) General obligation bonds of irrigation districts and drainage districts in this state which are liens upon the property within those districts, if the value of the property is found by the board or commission making the investments to render the bonds financially sound over all other obligations of the districts;
(h) Bonds of school districts within this state;
(i) Bonds of any general improvement district whose population is 200,000 or more and which is situated in two or more counties of this state or of any other state, if:
(1) The bonds are general obligation bonds and constitute a lien upon the property within the district which is subject to taxation; and
(2) That property is of an assessed valuation of not less than five times the amount of the bonded indebtedness of the district;
(j) Medium-term obligations for counties, cities and school districts authorized pursuant to chapter 350 of NRS;
κ1999 Statutes of Nevada, Page 1478 (CHAPTER 354, SB 39)κ
(k) Loans bearing interest at a rate determined by the state board of finance when secured by first mortgages on agricultural lands in this state of not less than three times the value of the amount loaned, exclusive of perishable improvements, and of unexceptional title and free from all encumbrances;
(l) Farm loan bonds, consolidated farm loan bonds, debentures, consolidated debentures and other obligations issued by federal land banks and federal intermediate credit banks under the authority of the Federal Farm Loan Act, formerly 12 U.S.C. §§ 636 to 1012, inclusive, and §§ 1021 to 1129, inclusive, and the Farm Credit Act of 1971, 12 U.S.C. §§ 2001 to 2259, inclusive, and bonds, debentures, consolidated debentures and other obligations issued by banks for cooperatives under the authority of the Farm Credit Act of 1933, formerly 12 U.S.C. §§ 1131 to 1138e, inclusive, and the Farm Credit Act of 1971, 12 U.S.C. §§ 2001 to 2259, inclusive, excluding such money thereof as has been received or which may be received hereafter from the Federal Government or received pursuant to some federal law which governs the investment thereof;
(m) Negotiable certificates of deposit issued by commercial banks , [or] insured credit unions or savings and loan associations;
(n) Bankers acceptances of the kind and maturities made eligible by law for rediscount with Federal Reserve banks or trust companies which are members of the Federal Reserve System, except that acceptances may not exceed 180 days maturity, and may not, in aggregate value, exceed 20 percent of the total par value of the portfolio as determined on the date of purchase;
(o) Commercial paper issued by a corporation organized and operating in the United States or by a depository institution licensed by the United States or any state and operating in the United States that:
(1) At the time of purchase has a remaining term to maturity of no more than 270 days; and
(2) Is rated by a nationally recognized rating service as A-1, P-1 or its equivalent, or better,
except that investments pursuant to this paragraph may not, in aggregate value, exceed 20 percent of the total par value of the portfolio as determined on the date of purchase, and if the rating of an obligation is reduced to a level that does not meet the requirements of this paragraph, it must be sold as soon as possible;
(p) Notes, bonds and other unconditional obligations for the payment of money, except certificates of deposit that do not qualify pursuant to paragraph (m), issued by corporations organized and operating in the United States or by depository institutions licensed by the United States or any state and operating in the United States that:
(1) Are purchased from a registered broker-dealer;
(2) At the time of purchase have a remaining term to maturity of no more than 5 years; and
(3) Are rated by a nationally recognized rating service as A or its equivalent, or better,
except that investments pursuant to this paragraph may not, in aggregate value, exceed 20 percent of the total par value of the portfolio, and if the rating of an obligation is reduced to a level that does not meet the requirements of this paragraph, it must be sold as soon as possible;
κ1999 Statutes of Nevada, Page 1479 (CHAPTER 354, SB 39)κ
rating of an obligation is reduced to a level that does not meet the requirements of this paragraph, it must be sold as soon as possible;
(q) Money market mutual funds which:
(1) Are registered with the Securities and Exchange Commission;
(2) Are rated by a nationally recognized rating service as AAA or its equivalent; and
(3) Invest only in securities issued by the Federal Government or agencies of the Federal Government or in repurchase agreements fully collateralized by such securities;
(r) Collateralized mortgage obligations that are rated by a nationally recognized rating service as AAA or its equivalent; and
(s) Asset-backed securities that are rated by a nationally recognized rating service as AAA or its equivalent.
2. Repurchase agreements are proper and lawful investments of money of the state and the state insurance fund for the purchase or sale of securities which are negotiable and of the types listed in subsection 1 if made in accordance with the following conditions:
(a) The state treasurer shall designate in advance and thereafter maintain a list of qualified counterparties which:
(1) Regularly provide audited and, if available, unaudited financial statements to the state treasurer;
(2) The state treasurer has determined to have adequate capitalization and earnings and appropriate assets to be highly credit worthy; and
(3) Have executed a written master repurchase agreement in a form satisfactory to the state treasurer and the state board of finance pursuant to which all repurchase agreements are entered into. The master repurchase agreement must require the prompt delivery to the state treasurer and the appointed custodian of written confirmations of all transactions conducted thereunder, and must be developed giving consideration to the Federal Bankruptcy Act.
(b) In all repurchase agreements:
(1) At or before the time money to pay the purchase price is transferred, title to the purchased securities must be recorded in the name of the appointed custodian, or the purchased securities must be delivered with all appropriate, executed transfer instruments by physical delivery to the custodian;
(2) The state must enter into a written contract with the custodian appointed pursuant to subparagraph (1) which requires the custodian to:
(I) Disburse cash for repurchase agreements only upon receipt of the underlying securities;
(II) Notify the state when the securities are marked to the market if the required margin on the agreement is not maintained;
(III) Hold the securities separate from the assets of the custodian; and
(IV) Report periodically to the state concerning the market value of the securities;
(3) The market value of the purchased securities must exceed 102 percent of the repurchase price to be paid by the counterparty and the value of the purchased securities must be marked to the market weekly;
κ1999 Statutes of Nevada, Page 1480 (CHAPTER 354, SB 39)κ
(4) The date on which the securities are to be repurchased must not be more than 90 days after the date of purchase; and
(5) The purchased securities must not have a term to maturity at the time of purchase in excess of 10 years.
3. As used in subsection 2:
(a) Counterparty means a bank organized and operating or licensed to operate in the United States pursuant to federal or state law or a securities dealer which is:
(1) A registered broker-dealer;
(2) Designated by the Federal Reserve Bank of New York as a primary dealer in United States government securities; and
(3) In full compliance with all applicable capital requirements.
(b) Repurchase agreement means a purchase of securities by the state or state insurance fund from a counterparty which commits to repurchase those securities or securities of the same issuer, description, issue date and maturity on or before a specified date for a specified price.
4. No money of this state may be invested pursuant to a reverse-repurchase agreement, except money invested pursuant to chapter 286 or chapters 616A to 616D, inclusive, of NRS.
Sec. 62. NRS 355.165 is hereby amended to read as follows:
355.165 1. The local government pooled long-term investment account is hereby created. The account must be administered by the state treasurer.
2. All of the provisions of NRS 355.167 apply to the local government pooled long-term investment account.
3. In addition to the investments which are permissible pursuant to subsection 3 of NRS 355.167, the treasurer may invest the money in the local government pooled long-term investment account in:
(a) Mutual funds which:
(1) Are registered with the Securities and Exchange Commission;
(2) Are rated in the highest rating category by at least one nationally recognized rating service; and
(3) Invest only in securities issued by the Federal Government or agencies of the Federal Government or in repurchase agreements fully collateralized by such securities.
(b) An investment contract that is collateralized with securities issued by the Federal Government or agencies of the Federal Government if:
(1) The collateral has a market value of at least 102 percent of the amount invested and any accrued unpaid interest thereon;
(2) The treasurer receives a security interest in the collateral that is fully perfected and the collateral is held in custody for the state by a third-party agent of the state which is a commercial bank authorized to exercise trust powers;
(3) The market value of the collateral is determined not less frequently than weekly and, if the ratio required by subparagraph (1) is not met, sufficient additional collateral is deposited with the agent of this state to meet that ratio within 2 business days after the determination; and
(4) The party with whom the investment contract is executed is a commercial bank [,] or credit union, or that party or a guarantor of the performance of that party is:
κ1999 Statutes of Nevada, Page 1481 (CHAPTER 354, SB 39)κ
(I) An insurance company which has a rating on its ability to pay claims of not less than Aa2 by Moodys Investors Service, Inc., or AA by Standard and Poors Ratings Services, or their equivalent; or
(II) An entity which has a credit rating on its outstanding long-term debt of not less than A2 by Moodys Investors Service, Inc., or A by Standard and Poors Ratings Services, or their equivalent.
4. In addition to the reasonable charges against the account which the state treasurer may assess pursuant to subsection 7 of NRS 355.167, the state treasurer may, in the case of a local government pooled long-term investment account, assess the costs:
(a) Associated with a calculation of any rebate of arbitrage profits which is required to be paid to the Federal Government by 26 U.S.C. § 148; and
(b) Of contracting with qualified persons to assist in the:
(1) Calculation of any rebate of arbitrage profits which is required to be paid to the Federal Government by 26 U.S.C. § 148; and
(2) Administration of the account.
5. In addition to the quarterly computations of interest to be reinvested for or paid to each participating local government pursuant to subsection 8 of NRS 355.167, the state treasurer may, in the case of a local government pooled long-term investment account, compute and reinvest or pay the interest more frequently. He may also base his computations on the amount of interest accrued rather than the amount received.
6. The treasurer may establish one or more separate subaccounts in the local government pooled long-term investment account for identified investments that are made for and allocated to specific participating local governments.
Sec. 63. NRS 355.169 is hereby amended to read as follows:
355.169 1. If an investment of the money of a county or other local government is made by the county treasurer, whether separately or through a pooling arrangement as provided in NRS 355.168, the county may, on behalf of that local government, take any lawful action necessary to recover the money invested if:
(a) The principal of and interest on any investment is not received when due; or
(b) The corporation, bank, credit union, broker or other person with whom the investment is made becomes insolvent or bankrupt or is placed in receivership.
2. The expenses of any action taken pursuant to this section must be paid from the money recovered and allocated among the funds from which the investment is made in the same manner as any loss on an investment is allocated. If the total amount of money recovered is insufficient to pay those expenses, the excess amount is a charge against the county.
Sec. 64. NRS 355.170 is hereby amended to read as follows:
355.170 1. Except as otherwise provided in this section and in NRS 354.750, a board of county commissioners, a board of trustees of a county school district or the governing body of an incorporated city may purchase for investment the following securities and no others:
(a) Bonds and debentures of the United States, the maturity dates of which do not extend more than 10 years [from] after the date of purchase.
κ1999 Statutes of Nevada, Page 1482 (CHAPTER 354, SB 39)κ
(b) Farm loan bonds, consolidated farm loan bonds, debentures, consolidated debentures and other obligations issued by federal land banks and federal intermediate credit banks under the authority of the Federal Farm Loan Act, formerly 12 U.S.C. §§ 636 to 1012, inclusive, and §§ 1021 to 1129, inclusive, and the Farm Credit Act of 1971, 12 U.S.C. §§ 2001 to 2259, inclusive, and bonds, debentures, consolidated debentures and other obligations issued by banks for cooperatives under the authority of the Farm Credit Act of 1933, formerly 12 U.S.C. §§ 1131 to 1138e, inclusive, and the Farm Credit Act of 1971, 12 U.S.C. §§ 2001 to 2259, inclusive.
(c) Bills and notes of the United States Treasury, the maturity date of which is not more than 10 years [from] after the date of purchase.
(d) Obligations of an agency or instrumentality of the United States of America or a corporation sponsored by the government, the maturity date of which is not more than 10 years [from] after the date of purchase.
(e) Negotiable certificates of deposit issued by commercial banks , [or] insured credit unions or savings and loan associations.
(f) Securities which have been expressly authorized as investments for local governments or agencies, as defined in NRS 354.474, by any provision of Nevada Revised Statutes or by any special law.
(g) Subject to the limitations contained in NRS 355.177, negotiable notes or short-time negotiable bonds issued by local governments of the State of Nevada pursuant to NRS 350.091.
(h) Bankers acceptances of the kind and maturities made eligible by law for rediscount with Federal Reserve Banks, and generally accepted by banks or trust companies which are members of the Federal Reserve System. Eligible bankers acceptances may not exceed 180 days maturity. Purchases of bankers acceptances may not exceed 20 percent of the money available to a local government for investment as determined on the date of purchase.
(i) Obligations of state and local governments if:
(1) The interest on the obligation is exempt from gross income for federal income tax purposes; and
(2) The obligation has been rated A or higher by one or more nationally recognized bond credit rating agencies.
(j) Commercial paper issued by a corporation organized and operating in the United States or by a depository institution licensed by the United States or any state and operating in the United States that:
(1) Is purchased from a registered broker-dealer;
(2) At the time of purchase has a remaining term to maturity of no more than 270 days; and
(3) Is rated by a nationally recognized rating service as A-1, P-1 or its equivalent, or better,
except that investments pursuant to this paragraph may not, in aggregate value, exceed 20 percent of the total portfolio as determined on the date of purchase, and if the rating of an obligation is reduced to a level that does not meet the requirements of this paragraph, it must be sold as soon as possible.
(k) Money market mutual funds which:
(1) Are registered with the Securities and Exchange Commission;
(2) Are rated by a nationally recognized rating service as AAA or its equivalent; and
κ1999 Statutes of Nevada, Page 1483 (CHAPTER 354, SB 39)κ
(3) Invest only in securities issued by the Federal Government or agencies of the Federal Government or in repurchase agreements fully collateralized by such securities.
2. Repurchase agreements are proper and lawful investments of money of a board of county commissioners, a board of trustees of a county school district or a governing body of an incorporated city for the purchase or sale of securities which are negotiable and of the types listed in subsection 1 if made in accordance with the following conditions:
(a) The board of county commissioners, the board of trustees of the school district or the governing body of the city shall designate in advance and thereafter maintain a list of qualified counterparties which:
(1) Regularly provide audited and, if available, unaudited financial statements;
(2) The board of county commissioners, the board of trustees of the school district or the governing body of the city has determined to have adequate capitalization and earnings and appropriate assets to be highly credit worthy; and
(3) Have executed a written master repurchase agreement in a form satisfactory to the board of county commissioners, the board of trustees of the school district or the governing body of the city pursuant to which all repurchase agreements are entered into. The master repurchase agreement must require the prompt delivery to the board of county commissioners, the board of trustees of the school district or the governing body of the city and the appointed custodian of written confirmations of all transactions conducted thereunder, and must be developed giving consideration to the Federal Bankruptcy Act.
(b) In all repurchase agreements:
(1) At or before the time money to pay the purchase price is transferred, title to the purchased securities must be recorded in the name of the appointed custodian, or the purchased securities must be delivered with all appropriate, executed transfer instruments by physical delivery to the custodian;
(2) The board of county commissioners, the board of trustees of the school district or the governing body of the city must enter a written contract with the custodian appointed pursuant to subparagraph (1) which requires the custodian to:
(I) Disburse cash for repurchase agreements only upon receipt of the underlying securities;
(II) Notify the board of county commissioners, the board of trustees of the school district or the governing body of the city when the securities are marked to the market if the required margin on the agreement is not maintained;
(III) Hold the securities separate from the assets of the custodian; and
(IV) Report periodically to the board of county commissioners, the board of trustees of the school district or the governing body of the city concerning the market value of the securities;
(3) The market value of the purchased securities must exceed 102 percent of the repurchase price to be paid by the counterparty and the value of the purchased securities must be marked to the market weekly;
κ1999 Statutes of Nevada, Page 1484 (CHAPTER 354, SB 39)κ
(4) The date on which the securities are to be repurchased must not be more than 90 days after the date of purchase; and
(5) The purchased securities must not have a term to maturity at the time of purchase in excess of 10 years.
3. The securities described in paragraphs (a), (b) and (c) of subsection 1 and the repurchase agreements described in subsection 2 may be purchased when, in the opinion of the board of county commissioners, the board of trustees of a county school district or the governing body of the city, there is sufficient money in any fund of the county, the school district or city to purchase those securities and the purchase will not result in the impairment of the fund for the purposes for which it was created.
4. When the board of county commissioners, the board of trustees of a county school district or governing body of the city has determined that there is available money in any fund or funds for the purchase of bonds as set out in subsection 1 or 2, those purchases may be made and the bonds paid for out of any one or more of the funds, but the bonds must be credited to the funds in the amounts purchased, and the money received from the redemption of the bonds, as and when redeemed, must go back into the fund or funds from which the purchase money was taken originally.
5. Any interest earned on money invested pursuant to subsection 3, may, at the discretion of the board of county commissioners, the board of trustees of a county school district or governing body of the city, be credited to the fund from which the principal was taken or to the general fund of the county, school district or incorporated city.
6. The board of county commissioners, the board of trustees of a county school district or governing body of an incorporated city may invest any money apportioned into funds and not invested pursuant to subsection 3 and any money not apportioned into funds in bills and notes of the United States Treasury, the maturity date of which is not more than 1 year after the date of investment. These investments must be considered as cash for accounting purposes, and all the interest earned on them must be credited to the general fund of the county, school district or incorporated city.
7. This section does not authorize the investment of money administered pursuant to a contract, debenture agreement or grant in a manner not authorized by the terms of the contract, agreement or grant.
8. As used in this section:
(a) Counterparty means a bank organized and operating or licensed to operate in the United States pursuant to federal or state law or a securities dealer which is:
(1) A registered broker-dealer;
(2) Designated by the Federal Reserve Bank of New York as a primary dealer in United States government securities; and
(3) In full compliance with all applicable capital requirements.
(b) Repurchase agreement means a purchase of securities by a board of county commissioners, the board of trustees of a county school district or the governing body of an incorporated city from a counterparty which commits to repurchase those securities or securities of the same issuer, description, issue date and maturity on or before a specified date for a specified price.
κ1999 Statutes of Nevada, Page 1485 (CHAPTER 354, SB 39)κ
Sec. 65. NRS 355.210 is hereby amended to read as follows:
355.210 1. When any money has been deposited in any court pursuant to law or rule of court, and when in the judgment of the clerk of [such] the court, or the judge thereof if there is no clerk, payment out of [such] the deposit will not be required for 90 days or more, the clerk or the judge, as the case may be, may invest the money so deposited, either alone or by commingling it with other [moneys] money deposited.
2. The investment may be made:
(a) By deposit at interest in a state or national bank or credit union in the State of Nevada; or
(b) In bills, bonds, debentures, notes or other securities whose purchase by a board of county commissioners is authorized by NRS 355.170.
3. The interest earned from any investment of money pursuant to this section shall be deposited to the credit of the general fund of the political subdivision or municipality which supports the court.
4. The requirements of this section may be modified by an ordinance adopted pursuant to the provisions of NRS 244.207.
Sec. 66. NRS 356.015 is hereby amended to read as follows:
356.015 1. The state treasurer shall establish the rate of interest to be paid on the maturity of each time certificate of deposit.
2. The state treasurer shall make all such deposits through warrants of the state controller.
3. The state controller shall maintain accurate records of inactive deposits. Time certificates of deposit which are placed with insured banks , credit unions and savings and loan associations shall be deemed to constitute inactive deposits.
Sec. 67. NRS 356.025 is hereby amended to read as follows:
356.025 1. To be accepted as collateral for a deposit of money by the state treasurer, first mortgages or first deeds of trust must be on real property which is located in this state and is used for residences of single families.
2. Each such first mortgage or first deed of trust must be accompanied by the promissory note which it secures.
3. No first mortgage or first deed of trust may be accepted for such collateral if:
(a) Any payment on the related promissory note is more than 30 days past due;
(b) A prior lien is on the mortgage or deed;
(c) In the case of a mortgage, an action to foreclose has been commenced or, in the case of a deed of trust, a notice of default and election to sell has been recorded;
(d) In the case of a loan which is not insured or guaranteed by the Federal Government, the initial amount lent was greater than 80 percent of the appraised value of the real property at the time the loan was made;
(e) The loan has been outstanding for less than 1 year;
(f) The grantor of the property resides on the property; or
κ1999 Statutes of Nevada, Page 1486 (CHAPTER 354, SB 39)κ
(g) The loan does not meet the requirements for eligibility of the Federal Home Loan Mortgage Corporation, the Federal National Mortgage Association or the Government National Mortgage Association , [(] although it is not necessary that any of those agencies have participated in the loan . [).]
4. If any collateral consisting of a promissory note with a mortgage or deed of trust is found not to meet the requirements of this section, the depository bank , credit union or savings and loan association shall substitute a note of equal or greater value which does meet the requirements.
5. The financial institution shall assign the pledged mortgages and deeds of trust to the depositor and deliver them with their promissory notes to the trust company. The assignment must be recorded when the financial institution fails to pay any part of the deposit for which the security is pledged.
Sec. 68. NRS 356.050 is hereby amended to read as follows:
356.050 1. Where the state treasurer, in accordance with the terms and provisions of NRS 356.010 to 356.110, inclusive, has deposited and kept on deposit any public money in depositories so designated, he is not liable personally or upon his official bond for any public money that may be lost by reason of the failure or insolvency of any such depository; but the state treasurer is chargeable with the safekeeping, management and disbursement of the bonds deposited with him as security for deposits of state money and with interest thereon, and with the proceeds of any sale under the provisions of NRS 356.010 to 356.110, inclusive.
2. The state treasurer may deposit for safekeeping with any insured bank, [insured] credit union or savings and loan association or a trust company within or without this state any securities or bonds pledged with him, as state treasurer, as collateral or as security for any purpose, but the securities or bonds may only be so deposited by him with the joint consent and approval, in writing, of the pledgor thereof and the state board of finance. Any bonds or securities so deposited by him must be deposited under a written deposit agreement between the pledgor and the state treasurer, to be held and released only upon a written order of the state treasurer or his deputy, and signed by the governor or acting governor and by one additional member of the state board of finance.
Secs. 69 and 70. (Deleted by amendment.)
Sec. 71. NRS 356.130 is hereby amended to read as follows:
356.130 Whenever the written consent of any bondsman or bondsmen to deposit the county [funds] money in any insured banks , credit unions or savings and loan associations has not been obtained, [such] the bondsman or bondsmen [shall,] must, upon giving notice as required by law, be released from all responsibility on the bond of the county treasurer.
Secs. 72-75. (Deleted by amendment.)
Sec. 76. NRS 356.180 is hereby amended to read as follows:
356.180 If a warrant of the county auditor is presented to the county treasurer for payment, the warrant becomes a check or order of the county treasurer if the county treasurer endorses thereon the name of the insured depository bank [or insured] , credit union or savings and loan association, where payable, and a number, as provided in NRS 356.170, and countersigns his name thereto as county treasurer.
κ1999 Statutes of Nevada, Page 1487 (CHAPTER 354, SB 39)κ
where payable, and a number, as provided in NRS 356.170, and countersigns his name thereto as county treasurer.
Sec. 77. NRS 356.200 is hereby amended to read as follows:
356.200 1. With unanimous consent of his bondsmen, a county officer, other than a county treasurer, may deposit county money received by the office of the county officer in an insured bank, insured credit union or insured savings and loan association located in the State of Nevada.
2. If the written consent of any bondsman to such a deposit has not been obtained, the bondsman must, upon giving notice as required by law, be released from all responsibility on the bond of the officer.
3. The accounts must be kept in the name of the county in such manner as the board of county commissioners may prescribe.
4. The balance in each such account, as certified by the proper officer of the bank, credit union or savings and loan association in which the money is deposited, and by oath of the county treasurer, may be accounted for by the county as cash.
5. All money deposited in any depository bank, credit union or savings and loan association by such a county officer may be drawn out by him on check or order payable only to the county treasurer or his order, but every county assessor may also withdraw money received in payment for license fees for motor vehicles by check or order payable to the department of motor vehicles and public safety, and may also withdraw money received in payment for use taxes for motor vehicles by check or order payable to the department of taxation.
6. The county officer shall keep a register which shows the amount of county money on deposit and lists every check or order drawn upon the depository bank, credit union or savings and loan association, numbering the items consecutively.
7. The county officer maintaining a deposit in any depository bank , credit union or savings and loan association shall draw upon the deposit not later than the first Monday of each month and whenever the deposit exceeds $100 for the full amount of county money deposited therein, a withdrawal to be by check or order payable to the county treasurer, and shall thereupon deliver the withdrawal to the county treasurer.
8. This section does not apply to any deposit made by the clerk of any court pursuant to NRS 355.210.
Sec. 78. NRS 360.278 is hereby amended to read as follows:
360.278 The department and the state board of finance may enter into contracts for armored car service or engage such service where necessary [in order] to transport to the designated banks or credit unions any [moneys] money collected in the offices of the department.
Sec. 79. NRS 360.510 is hereby amended to read as follows:
360.510 1. If any person is delinquent in the payment of any tax or fee administered by the department or if a determination has been made against him which remains unpaid, the department may:
(a) Not later than 3 years after the payment became delinquent or the determination became final; or
κ1999 Statutes of Nevada, Page 1488 (CHAPTER 354, SB 39)κ
(b) Not later than 5 years after the last recording of an abstract of judgment or of a certificate constituting a lien for tax owed,
give a notice of the delinquency and a demand to transmit personally or by registered or certified mail to any person, including, without limitation, any officer or department of the state or any political subdivision or agency of the state, who has in his possession or under his control any credits or other personal property belonging to the delinquent, or owing any debts to the delinquent or person against whom a determination has been made which remains unpaid, or owing any debts to the delinquent or that person. In the case of any state officer, department or agency, the notice must be given to the officer, department or agency before it presents the claim of the delinquent taxpayer to the state controller.
2. A state officer, department or agency which receives such a notice may satisfy any debt owed to it by that person before it honors the departments notice.
3. After receiving the demand to transmit, the persons so notified may not transfer or otherwise dispose of the credits, other personal property, or debts in their possession or under their control at the time they received the notice until the department consents to a transfer or other disposition.
4. All persons so notified shall, within 10 days after receipt of the demand to transmit, inform the department of, and transmit to the department all such credits, other personal property, or debts in their possession, under their control or owing by them within the time and in the manner requested by the department. Except as otherwise provided in subsection 5, no further notice is required to be served to those persons.
5. If the property of the delinquent taxpayer consists of a series of payments owed to him, the person who owes or controls the payments shall transmit the payments to the department until otherwise notified by the department. If the debt of the delinquent taxpayer is not paid within 1 year after the department issued the original demand to transmit, it shall issue another demand to transmit to the person responsible for making the payments informing him to continue to transmit payments to the department or that his duty to transmit the payments to the department has ceased.
6. If the notice of the delinquency seeks to prevent the transfer or other disposition of a deposit in a bank or credit union or other credits or personal property in the possession or under the control of a bank , credit union or other depository institution, the notice must be delivered or mailed to the branch or office of the bank , credit union or other depository institution at which the deposit is carried or at which the credits or personal property is held.
7. If any person so notified makes any transfer or other disposition of the property or debts required to be withheld or transmitted, to the extent of the value of the property or the amount of the debts thus transferred or paid, he is liable to the state for any indebtedness due pursuant to NRS 482.313, this chapter or chapter 362, 364A, 365, 369, 370, 372, 372A, 373, 374, 377, 377A, 444A, 585, 590 or 680B of NRS from the person with respect to whose obligation the notice was given if solely by reason of the transfer or other disposition the state is unable to recover the indebtedness of the person with respect to whose obligation the notice was given.
κ1999 Statutes of Nevada, Page 1489 (CHAPTER 354, SB 39)κ
Sec. 80. NRS 364A.140 is hereby amended to read as follows:
364A.140 1. A tax is hereby imposed upon the privilege of conducting business in this state. The tax for each calendar quarter is due on the last day of the quarter and must be paid on or before the last day of the month immediately following the quarter on the basis of the total number of equivalent full-time employees employed by the business in the quarter.
2. The total number of equivalent full-time employees employed by the business in the quarter must be calculated pursuant to NRS 364A.150.
3. Except as otherwise provided in NRS 364A.152 and 364A.170, the amount of tax due per quarter for a business is $25 for each equivalent full-time employee employed by the business in the quarter.
4. Each business shall file a return on a form prescribed by the department with each remittance of the tax. If the payment due is greater than $1,000, the payment must be made by direct deposit at a bank or credit union in which the state has an account, unless the department waives this requirement pursuant to regulations adopted by the commission. The return must include a statement of the number of equivalent full-time employees employed by the business in the preceding quarter and any other information the department determines is necessary.
5. The commission shall adopt regulations concerning the payment of the tax imposed pursuant to this section by direct deposit.
Sec. 81. NRS 387.090 is hereby amended to read as follows:
387.090 The board of trustees of each school district and the governing body of each charter school may:
1. Operate or provide for the operation of programs of nutrition in the public schools under their jurisdiction.
2. Use therefor money disbursed to them pursuant to the provisions of NRS 387.070 to 387.105, inclusive, gifts, donations and other money received from the sale of food under those programs.
3. Deposit the money in one or more accounts in [a bank or] one or more banks or credit unions within the state.
4. Contract with respect to food, services, supplies, equipment and facilities for the operation of the programs.
Sec. 82. NRS 394.271 is hereby amended to read as follows:
394.271 1. Except as otherwise provided in this section, at the time application is made for an agents permit, a license to operate or a license renewal, the superintendent shall require the elementary or secondary educational institution making the application to file a good and sufficient surety bond in the sum of not less than $5,000. The bond must be executed by the applicant as principal and by a surety company qualified and authorized to do business in this state. The bond must be made payable to the State of Nevada and be conditioned to provide indemnification to any pupil, enrollee or his parent or guardian determined to have suffered damage as a result of any act by any elementary or secondary educational institution or its agent which is a violation of any provision of NRS 394.201 to 394.351, inclusive, and the bonding company shall pay any final, nonappealable judgment of any court of this state that has jurisdiction, upon receipt of written notice of final judgment. The bond may be continuous but, regardless of the duration of the bond, the aggregate liability of the surety does not exceed the penal sum of the bond.
κ1999 Statutes of Nevada, Page 1490 (CHAPTER 354, SB 39)κ
of the duration of the bond, the aggregate liability of the surety does not exceed the penal sum of the bond.
2. The surety bond must cover the period of the license or the agents permit, as appropriate, except when a surety is released.
3. A surety on any bond filed pursuant to this section may be released after the surety gives 30 days written notice to the superintendent, but the release does not discharge or otherwise affect any claim filed by a pupil, enrollee or his parent or guardian for damage resulting from any act of the elementary or secondary educational institution or agent which is alleged to have occurred while the bond was in effect, nor for an institutions closing operations during the term for which tuition had been paid while the bond was in force.
4. In lieu of the bond otherwise required by this section, an institution may purchase a certificate of deposit in an amount of not less than $5,000 from a financial institution insured by an agency of the Federal Government [.] or by a private insurer approved pursuant to NRS 678.755. The deposit may be withdrawn only on the order of the superintendent, except that the interest may accrue to the institution. Any pupil, enrollee or his parent or guardian who suffers damage as the result of an act described in subsection 1 may bring and maintain an action to recover against the certificate of deposit.
5. A license or an agents permit is suspended by operation of law when the institution or agent is no longer covered by a surety bond as required by this section and no deposit has been made pursuant to subsection 4 or the deposit has been withdrawn. If a bond has been filed, the superintendent shall give the institution or agent, or both, at least 30 days written notice before the release of the surety that the license or permit will be suspended by operation of law until another surety bond is filed in the same manner and amount as the bond being terminated.
Sec. 83. NRS 396.383 is hereby amended to read as follows:
396.383 1. The University and Community College System of Nevada accounts payable revolving fund is hereby created. The board of regents may deposit the money of the fund in [any] one or more state or national [bank or] banks or credit unions in the State of Nevada.
2. The chief business officer of each business center of the system shall:
(a) Pay from the fund such operating expenses of the system as the board of regents may by rule prescribe.
(b) Submit claims to the state board of examiners for money of the system on deposit in the state treasury or elsewhere to replace money paid from the University and Community College System of Nevada accounts payable revolving fund.
Sec. 84. NRS 396.7954 is hereby amended to read as follows:
396.7954 Any [moneys] money received by the board of regents [in] on behalf of the desert research institute pursuant to NRS 396.7952, may be deposited by the board of regents to the credit of the desert research institute in [any] one or more state or national [bank or] banks or credit unions in the State of Nevada. Such deposits may be either time deposits or on open account subject to check without notice. The board of regents may act through any authorized agent or agents in depositing or withdrawing any [moneys] money in such accounts.
κ1999 Statutes of Nevada, Page 1491 (CHAPTER 354, SB 39)κ
Sec. 85. NRS 396.7974 is hereby amended to read as follows:
396.7974 Any money received by the board of regents on behalf of the ethics institute pursuant to NRS 396.7972, may be deposited by the board of regents to the credit of the ethics institute in any [federally insured] financial institution in the State of Nevada [.] that is federally insured or insured by a private insurer approved pursuant to NRS 678.755. The board of regents may act through any authorized agent in depositing or withdrawing any money in such an account.
Sec. 86. NRS 396.815 is hereby amended to read as follows:
396.815 Commercial bank means [a] :
1. A state or national bank or trust company [which] that is a member of the Federal Deposit Insurance Corporation, including , without limitation [any trust bank as herein defined.] , a branch of the Federal Reserve Bank.
2. A credit union whose deposits are insured by the National Credit Union Share Insurance Fund or by a private insurer approved pursuant to NRS 678.755.
Sec. 87. NRS 396.836 is hereby amended to read as follows:
396.836 Trust bank means [a] :
1. A commercial bank [which] that is authorized to exercise and is exercising trust powers . [and also means any]
2. A branch of the Federal Reserve Bank.
3. A credit union whose deposits are insured by the National Credit Union Share Insurance Fund or by a private insurer approved pursuant to NRS 678.755 that is authorized to exercise and is exercising trust powers.
Sec. 88. (Deleted by amendment.)
Sec. 89. NRS 408.240 is hereby amended to read as follows:
408.240 1. The state highway revolving account is hereby established in an amount not to exceed $500,000. The money in the account may be used by the department to provide advances to employees of the department for travel expenses and subsistence allowances and for paying travel expenses and subsistence allowances and other charges and obligations requiring prompt payment, and for no other purposes.
2. The state controller shall draw his warrant to establish an amount of $125,000 in the account. Thereafter, upon written request of the board, as it deems increases in the account to be necessary, the controller shall draw additional warrants. Upon presentation of such a warrant to the state treasurer, the state treasurer shall pay it.
3. All money paid by the department from the state highway revolving account must, after payment thereof, be passed upon by the state board of examiners in the same manner as other claims against the state. When approved by the state board of examiners, the state controller shall draw his warrant for the amount of the money paid in favor of the state highway revolving account to be paid to the order of the director, and the state treasurer shall pay the warrant.
4. The director shall deposit the state highway revolving account in one or more banks or credit unions of reputable standing and secure the deposit by a depositary bond satisfactory to the state board of examiners.
κ1999 Statutes of Nevada, Page 1492 (CHAPTER 354, SB 39)κ
5. A least once each calendar quarter, the director shall transfer any interest and other income earned on the money in the state highway revolving account to the state highway fund.
Sec. 90. NRS 408.383 is hereby amended to read as follows:
408.383 1. Except as otherwise provided in subsections 2 and 11, the director may pay at the end of each calendar month, or as soon thereafter as practicable, to any contractor satisfactorily performing any highway improvement or construction as the work progresses in full for the work as completed but not more than 95 percent of the entire contract price. The progress estimates must be based upon materials in place, or on the job site, or at a location approved by the director, and invoiced, and labor expended thereon. The remaining 5 percent, but not more than $50,000, must be retained until the entire contract is completed satisfactorily and accepted by the director.
2. If the work in progress is being performed on a satisfactory basis, the director may reduce the percentage retained if he finds that sufficient reasons exist for additional payment and has obtained written approval from every surety furnishing bonds for the work. Any remaining money must be retained until the entire contract is completed satisfactorily and accepted by the director.
3. If it becomes necessary for the department to take over the completion of any highway contract or contracts, all of the amounts owing the contractor, including the withheld percentage, must first be applied toward the cost of completion of the contract or contracts. Any balance remaining in the retained percentage after completion by the department is payable to the contractor or the contractors creditors.
4. Such retained percentage as may be due any contractor is due and payable at the expiration of the 30-day period as provided in NRS 408.363 for filing of creditors claims, and this retained percentage is due and payable to the contractor at that time without regard to creditors claims filed with the department.
5. The contractor under any contract made or awarded by the department, including any contract for the construction, improvement, maintenance or repair of any road or highway or the appurtenances thereto, may, from time to time, withdraw the whole or any portion of the sums otherwise due to the contractor under the contract which are retained by the department, pursuant to the terms of the contract, if the contractor deposits with the director:
(a) United States treasury bonds, United States treasury notes, United States treasury certificates of indebtedness or United States treasury bills;
(b) Bonds or notes of the State of Nevada; or
(c) General obligation bonds of any political subdivision of the State of Nevada.
Certificates of deposit must be of a market value not exceeding par, at the time of deposit, but at least equal in value to the amount so withdrawn from payments retained under the contract.
6. The director has the power to enter into a contract or agreement with any national bank, state bank, credit union, trust company or safe deposit company located in the State of Nevada, designated by the contractor after notice to the owner and surety, to provide for the custodial care and servicing of any obligations deposited with him pursuant to this section.
κ1999 Statutes of Nevada, Page 1493 (CHAPTER 354, SB 39)κ
notice to the owner and surety, to provide for the custodial care and servicing of any obligations deposited with him pursuant to this section. Such services include the safekeeping of the obligations and the rendering of all services required to effectuate the purposes of this section.
7. The director or any national bank, state bank, credit union, trust company or safe deposit company located in the State of Nevada, designated by the contractor to serve as custodian for the obligations pursuant to subsection 6, shall collect all interest or income when due on the obligations so deposited and shall pay them, when and as collected, to the contractor who deposited the obligation. If the deposit is in the form of coupon bonds, the director shall deliver each coupon as it matures to the contractor.
8. Any amount deducted by the State of Nevada, or pursuant to the terms of a contract, from the retained payments otherwise due to the contractor thereunder, must be deducted first from that portion of the retained payments for which no obligation has been substituted, then from the proceeds of any deposited obligation. In the latter case, the contractor is entitled to receive the interest, coupons or income only from those obligations which remain on deposit after that amount has been deducted.
9. A contractor shall disburse money paid to him pursuant to this section, including any interest that the contractor receives, to his subcontractors and suppliers within 15 days after he receives the money in the proportion that the value of the work performed by each subcontractor or the materials furnished by each supplier bears to the total amount of the contract between the principal contractor and the department.
10. Money payable to a subcontractor or supplier accrues interest at a rate equal to the lowest daily prime rate at the three largest banks in the United States on the date the subcontract or order for supplies was executed plus 2 percent, from 15 days after the money was received by the principal contractor until the date of payment.
11. If a contractor withholds more than 10 percent of a payment required by subsection 9, the subcontractor or supplier may inform the director in writing of the amount due. The director shall attempt to resolve the dispute between the contractor and the subcontractor or supplier within 20 working days after the date that the director receives notice of the amount due. If the dispute is not resolved within 20 working days after the date that the director receives notice of the amount due, the contractor shall deposit the disputed amount in an escrow account that bears interest. The contractor, subcontractor or supplier may pursue any legal or equitable remedy to resolve the dispute over the amount due. The director may not be made a party to any legal or equitable action brought by the contractor, subcontractor or supplier.
Sec. 91. NRS 417.130 is hereby amended to read as follows:
417.130 1. Notwithstanding the provisions of subsection 2 of NRS 417.110, the executive director may receive a fee, in an amount set by the court, for his guardianship services in any estate where the ward dies leaving no will or heirs.
2. The fee must be deposited in a bank or credit union in an account for veterans relief.
κ1999 Statutes of Nevada, Page 1494 (CHAPTER 354, SB 39)κ
Sec. 92. NRS 417.140 is hereby amended to read as follows:
417.140 1. The money in the account for veterans relief must, in the discretion of the executive director, be used to aid destitute veterans and their dependents.
2. The executive director shall deposit the money in the account in:
(a) A savings account in a bank [.] or credit union.
(b) A commercial checking account in a bank [.] or credit union.
3. The executive director shall keep an accurate record of any receipt or deposit, and of any withdrawal from any account provided in subsection 2. Any record of withdrawal must contain the following information:
(a) The date of the withdrawal.
(b) The name of the payee.
(c) The purpose of the expenditure.
Sec. 93. NRS 423.085 is hereby amended to read as follows:
423.085 Each superintendent may establish a savings account with a bank , credit union or a savings and loan association authorized to do business in this state. The superintendent may place in the account money that was not appropriated by the State of Nevada but which is held for the benefit of the children in:
1. The childrens home; or
2. Any other home or structure in which shelter and care is provided to the children under a contract entered into pursuant to NRS 423.147.
Sec. 94. NRS 423.135 is hereby amended to read as follows:
423.135 1. The Nevada childrens gift revolving account is hereby created. All money in the Nevada childrens gift revolving account must be deposited in a financial institution qualified to receive deposits of public money and must be secured with a depository bond that is satisfactory to the state board of examiners, unless it is otherwise secured by the Federal Deposit Insurance Corporation [.] , the National Credit Union Share Insurance Fund or a private insurer approved pursuant to NRS 678.755.
2. The money in the Nevada childrens gift revolving account may be distributed by the division to foster parents, upon request, on the basis of need, to pay the costs associated with participation by a child in foster care in intramural, recreational, social, school and sports-related activities, including, but not limited to, uniforms and equipment, the rental of musical instruments, registration fees and art lessons.
3. All requests for distributions of money from the Nevada childrens gift revolving account must be made to the division in writing. The person making the request must demonstrate that all other resources for money to pay for the activity have been exhausted.
4. The division shall develop policies for the administration of this section.
5. Purchases made by the division pursuant to this section are exempt from the provisions of the State Purchasing Act.
6. The balance in the Nevada childrens gift revolving account must be carried forward at the end of each fiscal year.
κ1999 Statutes of Nevada, Page 1495 (CHAPTER 354, SB 39)κ
Sec. 95. NRS 426.565 is hereby amended to read as follows:
426.565 1. There is hereby created the services to the blind revolving account, in the amount of $25,000, which must be used by the chief for the purposes of:
(a) Providing inventories of tools, aids, appliances, supplies and other accessories used by the blind; and
(b) Payment of the claims of applicants for or recipients of services of the bureau and vendors providing services to those applicants or recipients, including maintenance and transportation.
The chief shall sell tools, aids, appliances, supplies and other accessories used by the blind at cost or at cost plus the costs of administration and receipts must be deposited forthwith in the services to the blind revolving account.
2. The chief shall deposit the money in the services to the blind revolving account in a bank or credit union qualified to receive deposits of public money. The deposit must be secured by a depository bond satisfactory to the state board of examiners, unless otherwise secured by the Federal Deposit Insurance Corporation [.] , the National Credit Union Share Insurance Fund or a private insurer approved pursuant to NRS 678.755.
3. Purchases made for the purpose of providing and maintaining the inventories authorized by subsection 1 are exempt from the provisions of the State Purchasing Act at the discretion of the chief of the purchasing division of the department of administration or his designated representative.
4. The bureau shall:
(a) Maintain current inventory records of all merchandise charged to the services to the blind revolving account;
(b) Conduct a periodic physical count of all the merchandise; and
(c) Reconcile the results of the periodic physical count with all assets and liabilities of the account.
The balance in the revolving account must equal $25,000 after subtracting the accounts payable from the total of the cash, inventories and receivables.
5. After expenditure of money for payment of the claims of applicants for or recipients of services from the bureau and vendors providing services to those applicants or recipients, including maintenance and transportation, from the services to the blind revolving account, the chief shall present a claim to the state board of examiners. When approved by the state board of examiners, the state controller shall draw his warrant in the amount of the claim in favor of the services to the blind revolving account and the state treasurer shall pay it. The receipt must be deposited forthwith in the services to the blind revolving account.
Sec. 96. NRS 426.677 is hereby amended to read as follows:
426.677 1. The bureau may, in interim periods when no blind licensee is available to operate a vending facility and its continuous operation is required, establish a checking account in a depository bank or credit union qualified to receive deposits of public money pursuant to chapter 356 of NRS. All money received from the vending facility during the interim period must be deposited to the account and all expenses necessary to maintain the interim operation of the facility must be paid from the account.
κ1999 Statutes of Nevada, Page 1496 (CHAPTER 354, SB 39)κ
2. If the blind licensee who operated the facility returns after a temporary disability, the bureau shall prepare a financial report and close the checking account by making a check in the amount of any balance remaining in the account payable to the licensee.
3. If a blind licensee other than the one who previously operated the facility is permanently assigned to it, the bureau shall prepare a financial report and close the checking account by making a check in the amount of any balance remaining in the account payable to the business enterprise account for the blind.
Sec. 97. NRS 432.038 is hereby amended to read as follows:
432.038 Subject to the approval and regulations of the state board of examiners, the division may maintain an account in a bank [account] or credit union for the purchase of birth certificates, death certificates and other records of vital statistics [records] necessary to perform eligibility and other case‑work functions of the division pursuant to NRS 432.010 to 432.085, inclusive.
Sec. 98. NRS 432.095 is hereby amended to read as follows:
432.095 1. There is hereby created the placement prevention revolving account in the amount of $25,000 to be used for the payment of claims of recipients of goods or services from the division and vendors providing goods or services to those recipients pursuant to procedures established by the division.
2. Upon written request from the administrator, the state controller shall draw his warrant from money already authorized for the use of the division in the sum of $25,000. When the warrant is paid, the administrator shall deposit the money in a financial institution qualified to receive deposits of public money. All money deposited in the placement prevention revolving account pursuant to this section must be secured with a depository bond that is satisfactory to the state board of examiners, unless it is otherwise secured by the Federal Deposit Insurance Corporation [.] , the National Credit Union Share Insurance Fund or a private insurer approved pursuant to NRS 678.755.
3. After an expenditure of money from the placement prevention revolving account, the administrator shall present a claim to the state board of examiners to maintain a balance of $25,000. If the claim is approved by the state board of examiners, the state controller shall draw his warrant from money already authorized for the use of the division in the amount of the claim in favor of the placement prevention revolving account, and the state treasurer shall pay the warrant.
4. Money in the placement prevention revolving account does not revert to the state general fund at the end of the fiscal year, and the balance in the account must be carried forward.
5. Purchases made by the division pursuant to this section are exempt from the State Purchasing Act.
Sec. 99. NRS 433.424 is hereby amended to read as follows:
433.424 A mental health and mental retardation center revolving account up to the amount of $5,000 is hereby created for each division mental health and mental retardation center, and may be used for the payment of mental health or mental retardation center bills requiring immediate payment and for no other purposes.
κ1999 Statutes of Nevada, Page 1497 (CHAPTER 354, SB 39)κ
no other purposes. The respective administrative officers shall deposit the money for the respective revolving accounts in one or more banks or credit unions of reputable standing. Payments made from each account must be promptly reimbursed from appropriated money of the respective mental health or mental retardation centers on claims as other claims against the state are paid.
Sec. 100. NRS 433.539 is hereby amended to read as follows:
433.539 1. There may be maintained as a trust fund at each division facility a clients personal deposit fund.
2. Money coming into the possession of the administrative officer of a division facility which belongs to a client must be credited in the fund in the name of that client.
3. When practicable, individual credits in the fund must not exceed the sum of $300.
4. Any amounts to the credit of a client may be used for purchasing personal necessities, for expenses of burial or may be turned over to the client upon his demand, except that when the client is adjudicated mentally incompetent the guardian of his estate has the right to demand and receive the money.
5. An amount accepted for the benefit of a client for a special purpose must be reserved for that purpose regardless of the total amount to the credit of the client.
6. Except as otherwise provided in subsection 7, the administrative officers shall deposit any money received for the funds of their respective facilities in commercial accounts with one or more banks or credit unions of reputable standing. When deposits in a commercial account exceed $15,000, the administrative officer may deposit the excess in a savings account paying interest in any reputable commercial bank, or in any [federally insured] credit union or savings and loan association within [the state.] this state that is federally insured or insured by a private insurer approved pursuant to NRS 678.755. The savings account must be in the name of the fund. Interest paid on deposits in the savings account may be used for recreational purposes at the division facility.
7. The administrative officers may maintain at their respective division facilities petty cash of not more than $400 of the money in the clients personal deposit fund to enable clients to withdraw small sums from their accounts.
Sec. 101. NRS 433A.090 is hereby amended to read as follows:
433A.090 There is hereby created a revolving account for the mental health institute in the sum of $7,500, which may be used for the payment of bills of the institute requiring immediate payment and for no other purpose. The administrative officer for the institute shall deposit the revolving account in one or more banks or credit unions of reputable standing. Payments made from the revolving account must be promptly reimbursed from appropriated money of the institute as other claims against the state are paid.
Sec. 102. NRS 433B.270 is hereby amended to read as follows:
433B.270 A revolving account of not more than $5,000 is hereby created for each division facility. Money in the respective revolving accounts may be expended only for the payment of bills of the respective division facilities requiring immediate payment.
κ1999 Statutes of Nevada, Page 1498 (CHAPTER 354, SB 39)κ
requiring immediate payment. The respective administrative officers shall deposit the money for the respective revolving accounts in one or more banks or credit unions of reputable standing. Payments made from each account must be promptly reimbursed from appropriated money of the respective division facilities on claims as other claims against the state are paid.
Sec. 103. NRS 435.390 is hereby amended to read as follows:
435.390 1. The administrative officer of any division facility where mentally retarded persons reside may establish a canteen operated for the benefit of clients and employees of the facility. The administrative officer shall keep a record of transactions in the operation of the canteen.
2. Each canteen must be self-supporting. No money provided by the state may be used for its operation.
3. The respective administrative officers shall deposit the money used for the operation of the canteen in one or more banks or credit unions of reputable standing, except that an appropriate sum may be maintained as petty cash at each canteen.
Sec. 104. 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, and 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 [account] or credit union for the purpose of refunding overpayments of fees for vital statistics.
Sec. 105. NRS 452.160 is hereby amended to read as follows:
452.160 1. Endowment care funds must not be used for any purpose other than to provide, through income only, for the reserves authorized by law and for the endowment care of the cemetery in accordance with the resolutions, bylaws, rules and regulations or other actions or instruments of the cemetery authority.
2. The funds must be invested and reinvested in:
(a) Bonds of the United States;
(b) Bonds of this state or the bonds of other states;
(c) Bonds of counties or municipalities of any state;
(d) With the approval of the administrator, first mortgages or first trust deeds on improved real estate;
(e) [Bank deposits] Deposits in any [federally insured] bank , credit union or savings and loan association [;] that is federally insured or insured by a private insurer approved pursuant to NRS 678.755; or
(f) With the written approval of the administrator, any investment which would be proper under the provisions of NRS 164.050.
Pending investment as provided in this subsection, such funds may be deposited in [a federally insured] an account in any savings bank , credit union or savings and loan association which is qualified to do business in the
κ1999 Statutes of Nevada, Page 1499 (CHAPTER 354, SB 39)κ
State of Nevada [.] and which is federally insured or insured by a private insurer approved pursuant to NRS 678.755.
3. Each cemetery authority operating an endowment care cemetery shall submit to the administrator annually, on a form prescribed and adopted by the administrator, a financial statement of the condition of its endowment care fund. The statement must be accompanied by a fee of $10. If the statement is not received by the administrator he may, after giving 10 days notice, revoke the cemetery authoritys certificate of authority.
Sec. 106. NRS 452.720 is hereby amended to read as follows:
452.720 1. Money held in trust for the endowment care of a cemetery for pets must not be used for any purpose other than to provide, through income only, for the reserves authorized by law and for the endowment care of the cemetery in accordance with the resolutions, bylaws, rules and regulations or other actions or instruments of the cemetery authority.
2. The money must be invested and reinvested in:
(a) Bonds of the United States;
(b) Bonds of this state or the bonds of other states;
(c) Bonds of counties or municipalities of any state;
(d) With the approval of the administrator, first mortgages or first trust deeds on improved real estate;
(e) [Bank deposits] Deposits in any [federally insured] bank , credit union or savings and loan association [;] that is federally insured or insured by a private insurer approved pursuant to NRS 678.755; or
(f) With the written approval of the administrator, any investment which would be proper under the provisions of NRS 164.050.
Pending investment as provided in this subsection, such money may be deposited in [a federally insured] an account in any savings bank , credit union or savings and loan association which is qualified to do business in this state [.] and which is federally insured or insured by a private insurer approved pursuant to NRS 678.755.
3. Each cemetery authority shall annually submit to the administrator, on a form prescribed and adopted by the administrator, a financial statement of the condition of its trust fund for the endowment care of the cemetery. The statement must be accompanied by a fee of $10. If the statement is not received by the administrator he may, after giving 10 days notice, revoke the cemetery authoritys certificate of authority.
Sec. 107. NRS 463.330 is hereby amended to read as follows:
463.330 1. Costs of administration of this chapter incurred by the commission and the gaming control board must be paid from the state general fund on claims presented by the commission and the board, respectively, and approved and paid as other claims against the state are paid. The commission and the board shall comply with the provisions of the State Budget Act in order that legislative authorization for budgeted expenditures may be provided.
2. In order to facilitate the confidential investigation of violations of this chapter and the regulations adopted by the commission pursuant to [it,] this chapter, there is hereby created the state gaming control board revolving account. Upon the written request of the chairman of the board, the state controller shall draw his warrant in favor of the chairman in the amount of $10,000, and upon presentation of the warrant to the state treasurer, he shall pay it.
κ1999 Statutes of Nevada, Page 1500 (CHAPTER 354, SB 39)κ
$10,000, and upon presentation of the warrant to the state treasurer, he shall pay it. When the warrant is paid, the chairman shall deposit the $10,000 in a bank or credit union of reputable standing [, which bank] which shall secure the deposit with a depository bond satisfactory to the state board of examiners.
3. The chairman of the board may use the revolving account to pay the reasonable expenses of agents and employees of the board engaged in confidential investigations concerning the enforcement of this chapter, including the prepayment of expenses where necessary, whether such expenses are incurred for investigation of known or suspected violations. In allowing such expenses the chairman is not limited or bound by the provisions of NRS 281.160.
4. After the expenditure of money from the revolving account, the chairman of the board shall present a claim to the state board of examiners for the amount of the expenditure to be replaced in the revolving account. The claim must be audited, allowed and paid as are other claims against the state, but the claim must not detail the investigation made as to the agent or employee making the investigation or the person or persons investigated. If the state board of examiners is not satisfied with the claim, the members thereof may orally examine the chairman concerning the claim.
5. Expenditures from the revolving account may not exceed the amount authorized by the legislature in any [1] fiscal year.
Sec. 108. NRS 463.368 is hereby amended to read as follows:
463.368 1. A credit instrument accepted on or after June 1, 1983, and the debt that the credit instrument represents are valid and may be enforced by legal process.
2. A licensee or a person acting on behalf of a licensee may accept an incomplete credit instrument which:
(a) Is signed by a patron; and
(b) States the amount of the debt in figures,
and may complete the instrument as is necessary for the instrument to be presented for payment.
3. A licensee or person acting on behalf of a licensee:
(a) May accept a credit instrument that is payable to an affiliated company or may complete a credit instrument in the name of an affiliated company as payee if the credit instrument otherwise complies with this subsection and the records of the affiliated company pertaining to the credit instrument are made available to agents of the board upon request.
(b) May accept a credit instrument either before, at the time [,] or after the patron incurs the debt. The credit instrument and the debt that the credit instrument represents are enforceable without regard to whether the credit instrument was accepted before, at the time or after the debt is incurred.
4. This section does not prohibit the establishment of an account by a deposit of cash, recognized travelers check, or any other instrument which is equivalent to cash.
5. If a credit instrument is lost or destroyed, the debt represented by the credit instrument may be enforced if the licensee or person if acting on behalf of the licensee can prove the existence of the credit instrument.
κ1999 Statutes of Nevada, Page 1501 (CHAPTER 354, SB 39)κ
6. A patrons claim of having a mental or behavioral disorder involving gambling:
(a) Is not a defense in any action by a licensee or a person acting on behalf of a licensee to enforce a credit instrument or the debt that the credit instrument represents.
(b) Is not a valid counterclaim to such an action.
7. Any person who violates the provisions of this section is subject only to the penalties provided in NRS 463.310 to 463.318, inclusive. The failure of a person to comply with the provisions of this section or the regulations of the commission does not invalidate a credit instrument or affect the ability to enforce the credit instrument or the debt that the credit instrument represents.
8. The commission may adopt regulations prescribing the conditions under which a credit instrument may be redeemed or presented to a bank or credit union for collection or payment.
Sec. 109. NRS 481.260 is hereby amended to read as follows:
481.260 1. The director may expend money appropriated for that purpose, as he determines necessary, to assist local law enforcement agencies or the investigation division in the purchase of evidence and in employing persons other than peace officers to obtain evidence.
2. Upon receiving a written request from the director for money appropriated pursuant to this section, the state controller shall draw his warrant, payable to the director, in an amount which does not exceed any limit set by the legislature in the appropriation.
3. The director may keep money which he has drawn pursuant to this section in [bank] accounts in one or more banks or credit unions or in cash.
Sec. 110. NRS 482.3337 is hereby amended to read as follows:
482.3337 1. Each broker shall open and maintain a separate trust account in a [federally insured] bank , credit union or savings and loan association in this state [into which he] that is federally insured or insured by a private insurer approved pursuant to NRS 678.755. He shall deposit into the trust account any money received from a prospective buyer as a deposit on a vehicle. A broker shall not:
(a) Commingle the money in the trust account with any money that is not a deposit on a vehicle.
(b) Use any money in the trust account to pay his operational expenses.
2. A broker shall not require the buyer of a vehicle to pay a deposit on a vehicle in an amount that exceeds 10 percent of the purchase price of the vehicle.
Sec. 111. NRS 482.346 is hereby amended to read as follows:
482.346 1. In lieu of a bond an applicant may deposit with the department, under terms prescribed by the department:
(a) A like amount of lawful money of the United States or bonds of the United States or of the State of Nevada of an actual market value of not less than the amount fixed by the department; or
(b) A savings certificate of a bank , credit union or savings and loan association situated in Nevada, which must indicate an account of an amount equal to the amount of the bond which would otherwise be required by NRS 482.345 and that this amount is unavailable for withdrawal except upon order of the department.
κ1999 Statutes of Nevada, Page 1502 (CHAPTER 354, SB 39)κ
482.345 and that this amount is unavailable for withdrawal except upon order of the department. Interest earned on the amount accrues to the account of the applicant.
2. A deposit made pursuant to subsection 1 may be disbursed by the director, for good cause shown and after notice and opportunity for hearing, in an amount determined by him to compensate a person injured by an action of the licensee, or released upon receipt of:
(a) A court order requiring the director to release all or a specified portion of the deposit; or
(b) A statement signed by the person or persons under whose name the deposit is made and acknowledged before any person authorized to take acknowledgments in this state, requesting the director to release the deposit, or a specified portion thereof, and stating the purpose for which the release is requested.
3. When a deposit is made pursuant to subsection 1, liability under the deposit is in the amount prescribed by the department. If the amount of the deposit is reduced or there is an outstanding court judgment for which the licensee is liable under the deposit, the license is automatically suspended. The license must be reinstated if the licensee:
(a) Files an additional bond pursuant to subsection 1 of NRS 482.345;
(b) Restores the deposit with the department to the original amount required under this section; or
(c) Satisfies the outstanding judgment for which he is liable under the deposit.
4. A deposit made pursuant to subsection 1 may be refunded:
(a) By order of the director, [at the expiration of] 3 years [from] after the date [when] the licensee ceases to be licensed by the department, if the director is satisfied that there are no outstanding claims against the deposit; or
(b) By order of court, at any time [prior to the expiration of] within 3 years [from] after the date the licensee ceases to be licensed by the department, upon evidence satisfactory to the court that there are no outstanding claims against the deposit.
5. Any money received by the department pursuant to subsection 1 must be deposited with the state treasurer for credit to the motor vehicle fund.
Sec. 112. NRS 487.060 is hereby amended to read as follows:
487.060 1. No license may be issued to an automobile wrecker until he has procured and filed with the department a good and sufficient bond in the amount of $50,000, with a corporate surety thereon licensed to do business in the State of Nevada, approved as to form by the attorney general, and conditioned that the applicant conducts his business as a wrecker without fraud or fraudulent representation, and without violation of the provisions of NRS 487.045 to [487.190,] 487.200, inclusive. The department may, by agreement with any automobile wrecker who has been licensed for 5 years or more by the department or a department of motor vehicles in another state, reduce the amount of the bond of the wrecker, if the business of that wrecker has been conducted satisfactorily for the preceding 5 years, but no bond may be in an amount less than $5,000. The department shall make the necessary investigation to determine whether a wrecker licensed in another state has conducted its business satisfactorily.
κ1999 Statutes of Nevada, Page 1503 (CHAPTER 354, SB 39)κ
investigation to determine whether a wrecker licensed in another state has conducted its business satisfactorily.
2. The bond may be continuous in form and the total aggregate liability on the bond must be limited to the payment of the total amount of the bond.
3. The bond must provide that any person injured by the action of the automobile wrecker in violation of any of the provisions of NRS 487.045 to 487.160, inclusive, may apply to the director for compensation from the bond. The director, for good cause shown and after notice and opportunity for hearing, may determine the amount of compensation and the person to whom it is to be paid. The surety shall then make the payment.
4. In lieu of a bond an automobile wrecker may deposit with the department, under the terms prescribed by the department:
(a) A like amount of money or bonds of the United States or of the State of Nevada of an actual market value of not less than the amount fixed by the department; or
(b) A savings certificate of a bank , credit union or savings and loan association situated in Nevada, which must indicate an account of an amount equal to the amount of the bond which would otherwise be required by this section and that this amount is unavailable for withdrawal except upon order of the department. Interest earned on the certificate accrues to the account of the applicant.
5. A deposit made pursuant to subsection 4 may be disbursed by the director, for good cause shown and after notice and opportunity for hearing, in an amount determined by him to compensate a person injured by an action of the licensee, or released upon receipt of:
(a) A court order requiring the director to release all or a specified portion of the deposit; or
(b) A statement signed by the person in whose name the deposit is made and acknowledged before any person authorized to take acknowledgments in this state, requesting the director to release the deposit, or a specified portion thereof, and stating the purpose for which the release is requested.
6. When a deposit is made pursuant to subsection 4, liability under the deposit is in the amount prescribed by the department. If the amount of the deposit is reduced or there is an outstanding judgment for which the licensee is liable under the deposit, the license is automatically suspended. The license must be reinstated if the licensee:
(a) Files an additional bond pursuant to subsection 1;
(b) Restores the deposit with the department to the original amount required under this section; or
(c) Satisfies the outstanding judgment for which he is liable under the deposit.
7. A deposit made pursuant to subsection 4 may be refunded:
(a) By order of the director, 3 years after the date the licensee ceases to be licensed by the department, if the director is satisfied that there are no outstanding claims against the deposit; or
(b) By order of court, at any time within 3 years after the date the licensee ceases to be licensed by the department, upon evidence satisfactory to the court that there are no outstanding claims against the deposit.
κ1999 Statutes of Nevada, Page 1504 (CHAPTER 354, SB 39)κ
8. Any money received by the department pursuant to subsection 4 must be deposited with the state treasurer for credit to the motor vehicle fund.
Sec. 113. NRS 487.420 is hereby amended to read as follows:
487.420 1. No applicant may be granted a license to operate a salvage pool until he has procured and filed with the department a good and sufficient bond in the amount of $50,000, with a corporate surety thereon licensed to do business in the State of Nevada, approved as to form by the attorney general, and conditioned that the applicant conducts his business as an operator of a salvage pool without fraud or fraudulent representation, and without violation of the provisions of NRS 487.400 to 487.510, inclusive. The department may, by agreement with any operator of a salvage pool who has been licensed by the department for 5 years or more, allow a reduction in the amount of his bond, if his business has been conducted satisfactorily for the preceding 5 years, but no bond may be in an amount less than $5,000.
2. The bond may be continuous in form and the total aggregate liability on the bond must be limited to the payment of the total amount of the bond.
3. The bond must provide that any person injured by the action of the operator of the salvage pool in violation of any of the provisions of NRS 487.400 to 487.510, inclusive, may apply to the director for compensation from the bond. The director, for good cause shown and after notice and opportunity for hearing, may determine the amount of compensation and the person to whom it is to be paid. The surety shall then make the payment.
4. In lieu of a bond an operator of a salvage pool may deposit with the department, under the terms prescribed by the department:
(a) A like amount of money or bonds of the United States or of the State of Nevada of an actual market value of not less than the amount fixed by the department; or
(b) A savings certificate of a bank , credit union or savings and loan association situated in Nevada, which must indicate an account of an amount equal to the amount of the bond which would otherwise be required by this section and that this amount is unavailable for withdrawal except upon order of the department. Interest earned on the certificate accrues to the account of the applicant.
5. A deposit made pursuant to subsection 4 may be disbursed by the director, for good cause shown and after notice and opportunity for hearing, in an amount determined by him to compensate a person injured by an action of the licensee, or released upon receipt of:
(a) A court order requiring the director to release all or a specified portion of the deposit; or
(b) A statement signed by the person under whose name the deposit is made and acknowledged before any person authorized to take acknowledgments in this state, requesting the director to release the deposit, or a specified portion thereof, and stating the purpose for which the release is requested.
6. When a deposit is made pursuant to subsection 4, liability under the deposit is in the amount prescribed by the department. If the amount of the deposit is reduced or there is an outstanding judgment of a court for which the licensee is liable under the deposit, the license is automatically suspended. The license must be reinstated if the licensee:
κ1999 Statutes of Nevada, Page 1505 (CHAPTER 354, SB 39)κ
(a) Files an additional bond pursuant to subsection 1;
(b) Restores the deposit with the department to the original amount required under this section; or
(c) Satisfies the outstanding judgment for which he is liable under the deposit.
7. A deposit made pursuant to subsection 4 may be refunded:
(a) By order of the director, 3 years after the date the licensee ceases to be licensed by the department, if the director is satisfied that there are no outstanding claims against the deposit; or
(b) By order of court, at any time within 3 years after the date the licensee ceases to be licensed by the department, upon evidence satisfactory to the court that there are no outstanding claims against the deposit.
8. Any money received by the department pursuant to subsection 4 must be deposited with the state treasurer for credit to the motor vehicle fund.
Sec. 114. NRS 487.640 is hereby amended to read as follows:
487.640 1. No license may be issued to an operator of a body shop until he procures and files with the department a good and sufficient bond in the amount of $10,000, with a corporate surety thereon licensed to do business in the State of Nevada, approved as to form by the attorney general, and conditioned that the applicant shall conduct his business as an operator of a body shop without fraud or fraudulent representation, and in compliance with the provisions of NRS 487.035, [487.610] 487.600 to 487.690, inclusive, and 597.480 to 597.590, inclusive. The department may, by agreement with any operator of a body shop who has been licensed by the department for 5 years or more, allow a reduction in the amount of the bond of the operator, if the business of the operator has been conducted satisfactorily for the preceding 5 years, but no bond may be in an amount less than $1,000.
2. The bond may be continuous in form and the total aggregate liability on the bond must be limited to the payment of the total amount of the bond.
3. The bond must provide that any person injured by the action of the operator of the body shop in violation of any of the provisions of NRS 487.035, [487.610] 487.600 to 487.690, inclusive, and 597.480 to 597.590, inclusive, may apply to the director for compensation from the bond. The director, for good cause shown and after notice and opportunity for hearing, may determine the amount of compensation and the person to whom it is to be paid. The surety shall then make the payment.
4. In lieu of a bond an operator of a body shop may deposit with the department, under the terms prescribed by the department:
(a) A like amount of money or bonds of the United States or of the State of Nevada of an actual market value of not less than the amount fixed by the department; or
(b) A savings certificate of a bank , credit union or savings and loan association situated in Nevada, which must indicate an account of an amount equal to the amount of the bond which would otherwise be required by this section and that this amount is unavailable for withdrawal except upon order of the department. Interest earned on the certificate accrues to the account of the applicant.
κ1999 Statutes of Nevada, Page 1506 (CHAPTER 354, SB 39)κ
5. A deposit made pursuant to subsection 4 may be disbursed by the director, for good cause shown and after notice and opportunity for hearing, in an amount determined by him to compensate a person injured by an action of the licensee, or released upon receipt of:
(a) An order of a court requiring the director to release all or a specified portion of the deposit; or
(b) A statement signed by the person under whose name the deposit is made and acknowledged before any person authorized to take acknowledgments in this state, requesting the director to release the deposit, or a specified portion thereof, and stating the purpose for which the release is requested.
6. When a deposit is made pursuant to subsection 4, liability under the deposit is in the amount prescribed by the department. If the amount of the deposit is reduced or there is an outstanding judgment of a court for which the licensee is liable under the deposit, the license is automatically suspended. The license must be reinstated if the licensee:
(a) Files an additional bond pursuant to subsection 1;
(b) Restores the deposit with the department to the original amount required under this section; or
(c) Satisfies the outstanding judgment for which he is liable under the deposit.
7. A deposit made pursuant to subsection 4 may be refunded:
(a) By order of the director, 3 years after the date the licensee ceases to be licensed by the department, if the director is satisfied that there are no outstanding claims against the deposit; or
(b) By order of court, at any time within 3 years after the date the licensee ceases to be licensed by the department, upon evidence satisfactory to the court that there are no outstanding claims against the deposit.
8. Any money received by the department pursuant to subsection 4 must be deposited with the state treasurer for credit to the motor vehicle fund.
Sec. 115. NRS 489.724 is hereby amended to read as follows:
489.724 1. All down payments, deposits of earnest money, proceeds of loans or other money which a dealer receives, on behalf of his principal or any other person, must be deposited in a separate checking account, which must be designated a trust account, in a financial institution in this state whose deposits are insured by an agency of the Federal Government [.] or by a private insurer approved pursuant to NRS 678.755.
2. Every dealer required to maintain a separate or trust account shall keep records of all money deposited therein. The records must clearly indicate the date and from whom he received money, the date deposited, the dates of withdrawals, and other pertinent information concerning the transaction, and must show clearly for whose account the money is deposited and to whom the money belongs. All such records and money are subject to inspection and audit by the division and its authorized representatives. All such separate trust accounts must designate the dealer as trustee and provide for the withdrawal of money without previous notice.
3. All money deposited in a separate trust account from down payments, deposits of earnest money, proceeds of loans or other money received by a dealer from a person pursuant to a written contract signed by the dealer and that person must not be withdrawn from the account except to pay specific expenses as authorized by the written contract.
κ1999 Statutes of Nevada, Page 1507 (CHAPTER 354, SB 39)κ
that person must not be withdrawn from the account except to pay specific expenses as authorized by the written contract.
4. Each dealer shall notify the division of the names of the financial institutions in which he maintains trust accounts and specify the names of the accounts on forms provided by the division.
Sec. 116. NRS 501.359 is hereby amended to read as follows:
501.359 1. The wildlife imprest account in the amount of $15,000 is hereby created for the use of the division, subject to the following conditions:
(a) The money must be deposited in a bank or credit union qualified to receive deposits of public money, except that $500 must be kept in the custody of an employee designated by the administrator for immediate use for purposes set forth in this section.
(b) The account must be replenished periodically from the wildlife account in the state general fund upon approval of expenditures as required by law and submission of vouchers or other documents to indicate payment as may be prescribed.
2. The wildlife imprest account may be used to pay for postage, C.O.D. packages, travel or other minor expenses which are proper as claims for payment from the wildlife account in the state general fund.
3. The wildlife imprest account may be used to provide money to employees of the division for travel expenses and subsistence allowances arising out of their official duties or employment. All advances constitute a lien in favor of the division upon the accrued wages of the requesting employee in an amount equal to the money advanced, but the administrator may advance more than the amount of the accrued wages of the employee. Upon the return of the employee, he is entitled to receive money for any authorized expenses and subsistence in excess of the amount advanced.
Sec. 117. NRS 522.113 is hereby amended to read as follows:
522.113 1. The owner, lessee, operator or other person who is liable for payment of the money derived from the sale of the production from an oil or gas well located in [the] this state shall:
(a) Pay the money directly to each person identified as being legally entitled thereto not later than:
(1) Six months after the first day of the month following the date of the first sale of the production, and thereafter not later than 60 days after the end of the month within which subsequent production is sold; or
(2) Twelve months after the first day of the month following the date of the first sale of the production, and every 12 months thereafter, if the amount owed is $25 or less.
(b) If unable to pay timely any portion of the money because of inability to locate a person entitled to receive the money or for any other reason, deposit the unpaid portion of the money in an escrow account in a [federally insured] bank , credit union or savings and loan institution in Nevada, using a standard escrow document form approved by the attorney general of Nevada. The bank, credit union or savings and loan association must be federally insured or insured by a private insurer approved pursuant to NRS 678.755. The deposit must earn interest at the highest rate being offered by that institution for similar deposits. The escrow agent may commingle money so received into escrow from any one source. The escrow agent shall pay the appropriate amount of principal and accrued interest from such an account to a person legally entitled thereto within 30 days after the date of receipt by the escrow agent of a final legal determination of entitlement thereto.
κ1999 Statutes of Nevada, Page 1508 (CHAPTER 354, SB 39)κ
appropriate amount of principal and accrued interest from such an account to a person legally entitled thereto within 30 days after the date of receipt by the escrow agent of a final legal determination of entitlement thereto. Applicable escrow fees must be deducted from the payment.
2. Any person who violates the provisions of subsection 1 is liable to each person legally entitled thereto for the unpaid amounts of money, together with interest at the rate of 18 percent per annum on the unpaid balance from the date the payment was due pursuant to paragraph (a) of subsection 1.
3. This section does not apply to payments from an owner, lessee, operator or other person who is liable for payment of the money derived from the sale of the production from an oil or gas well located in this state to a person identified as being legally entitled to such a payment if those persons have agreed in writing to some other period of payment for the first payment or for subsequent payments.
Sec. 118. NRS 533.435 is hereby amended to read as follows:
533.435 1. The state engineer shall collect the following fees:
For examining and filing an application for a permit to appropriate water $250.00
This fee includes the cost of publication, which is $50.
For examining and acting upon plans and specifications for construction of a dam....................................................................................................................... 500.00
For examining and filing an application for each permit to change the point of diversion, manner of use or place of use of an existing right............. 150.00
This fee includes the cost of the publication of the application, which is $50.
For issuing and recording each permit to appropriate water for any purpose, except for generating hydroelectric power which results in nonconsumptive use of the water or watering livestock or wildlife purposes................................... 150.00
plus $2 per acre-foot approved or fraction thereof.
For issuing and recording each permit to change an existing right whether temporary or permanent for any purpose, except for generating hydroelectric power which results in nonconsumptive use of the water, for watering livestock or wildlife purposes which change the point of diversion or place of use only, or for irrigational purposes which change the point of diversion or place of use only............................................................................................................... 100.00
plus $2 per acre-foot approved or fraction thereof.
For issuing and recording each permit to change the point of diversion or place of use only of an existing right whether temporary or permanent for irrigational purposes....................................................................................................... 200.00
For issuing and recording each permit to appropriate or change the point of diversion or place of use of an existing right only whether temporary or permanent for watering livestock or wildlife purposes for each second-foot of water approved or fraction thereof........................................................... 50.00
κ1999 Statutes of Nevada, Page 1509 (CHAPTER 354, SB 39)κ
For issuing and recording each permit to appropriate or change an existing right whether temporary or permanent for water for generating hydroelectric power which results in nonconsumptive use of the water for each second-foot of water approved or fraction thereof................................................................. $100.00
This fee must not exceed $1,000.
For filing a secondary application under a reservoir permit...................... 200.00
For approving and recording a secondary permit under a reservoir permit 200.00
For reviewing each tentative subdivision map............................................ 150.00
plus $1 per lot.
For storage approved under a dam permit for privately owned nonagricultural dams which store more than 50 acre-feet............................................. 100.00
plus $1 per acre-foot storage capacity. This fee includes the cost of inspection and must be paid annually.
For filing proof of completion of work............................................................ 10.00
For filing proof of beneficial use...................................................................... 50.00
For filing any protest........................................................................................... 25.00
For filing any application for extension of time within which to file proofs 100.00
For examining and filing a report of conveyance filed pursuant to paragraph (a) of subsection 1 of NRS 533.384..................................................................... 25.00
plus $10 per conveyance document
For filing any other instrument............................................................................ 1.00
For making copy of any document recorded or filed in his office, for the first page............................................................................................................................ 1.00
For each additional page....................................................................................... .20
For certifying to copies of documents, records or maps, for each certificate 1.00
For each blueprint copy of any drawing or map, per square foot................. .50
The minimum charge for a blueprint copy, per print...................................... 3.00
2. When fees are not specified in subsection 1 for work required of his office, the state engineer shall collect the actual cost of the work.
3. Except as otherwise provided in this subsection, all fees collected by the state engineer under the provisions of this section must be deposited in the state treasury for credit to the general fund. All fees received for blueprint copies of any drawing or map must be kept by him and used only to pay the costs of printing, replacement and maintenance of printing equipment. Any publication fees received which are not used by him for publication expenses must be returned to the persons who paid the fees. If, after exercising due diligence, the state engineer is unable to make the refunds, he shall deposit the fees in the state treasury for credit to the general fund. The state engineer may maintain, with the approval of the state board of examiners, a checking account in any bank or credit union qualified to handle state money to carry out the provisions of this subsection.]
κ1999 Statutes of Nevada, Page 1510 (CHAPTER 354, SB 39)κ
out the provisions of this subsection. The [bank] account must be secured by a depository bond satisfactory to the state board of examiners to the extent the account is not insured by the Federal Deposit Insurance Corporation [.] , the National Credit Union Share Insurance Fund or a private insurer approved pursuant to NRS 678.755.
Sec. 119. NRS 539.530 is hereby amended to read as follows:
539.530 All [moneys] money belonging to or in the custody of any irrigation district within this state, or of the treasurer or other officer thereof, shall, so far as possible, be deposited in [such] state or national [bank or] banks or credit unions in this state as the treasurer or other officer of such irrigation district having legal custody of such [moneys] money shall select for the safekeeping thereof, and shall be subject to withdrawal at any time on demand of the treasurer or other authorized officer.
Sec. 120. NRS 539.537 is hereby amended to read as follows:
539.537 1. For the security of such deposits there shall be delivered to the treasurer of the irrigation district a bond or bonds of a corporate surety qualified to act as sole surety on bonds or undertakings required by the laws of this state, and approved by the commissioner of insurance as a company possessing the qualifications required for the purpose of transacting a surety business within this state. The penal amount of such bond or bonds shall at no time be less than the amount of money deposited by the irrigation district with such depositary. The bond or bonds shall secure and guarantee the full and complete repayment to the irrigation district or the payment to its order of all [funds] money so deposited, together with interest thereon. The premium for such corporate surety bond or bonds, in the discretion of the board of directors of the irrigation district, may be paid out of the [funds] money so deposited or may be required to be paid by the depositary.
2. The depositary may, in lieu of the corporate surety bond or bonds, deposit with the treasurer of the irrigation district treasury notes or United States bonds, or other securities which are legal investments for savings banks and credit unions in this state, the market value of which shall at all times equal the amount of [funds] money so deposited, as collateral security, and such securities shall be placed by the treasurer in escrow in some bank or credit union other than the depositary of the [funds] money of the district. In the event of the failure of the depositary to repay such [funds] money to the district on demand, or to pay the same to its order, the securities so placed in escrow shall be redelivered to the treasurer and may be sold by him with or without notice, and the proceeds thereof used to reimburse the district.
Sec. 121. NRS 539.6135 is hereby amended to read as follows:
539.6135 1. Except as otherwise provided in this chapter, the proceeds of refunding bonds must be immediately applied to the retirement of the bonds to be refunded or be placed in escrow or trust in any trust banks or credit unions within or without or both within and without this state to be applied to the payment of the refunded bonds or the refunding bonds, or both, upon their presentation therefor to the extent, in the priority and otherwise in the manner which the board may determine.
2. The incidental costs of refunding bonds may be paid by the purchaser of the refunding bonds or be defrayed from any money of the district, subject to appropriations therefor as otherwise provided by statute, or other available revenues of the district under the control of the board, from the proceeds of the refunding bonds, from the interest or other yield derived from the investment of any proceeds of the refunding bonds or other money in escrow or trust, or from any other sources legally available therefor, or any combination thereof, as the board may determine.
κ1999 Statutes of Nevada, Page 1511 (CHAPTER 354, SB 39)κ
revenues of the district under the control of the board, from the proceeds of the refunding bonds, from the interest or other yield derived from the investment of any proceeds of the refunding bonds or other money in escrow or trust, or from any other sources legally available therefor, or any combination thereof, as the board may determine.
Sec. 122. NRS 539.6137 is hereby amended to read as follows:
539.6137 1. Any escrow or trust provided pursuant to NRS 539.6135 is not necessarily limited to the proceeds of refunding bonds but may include other money available for its purpose. Any proceeds in escrow or trust, pending their use, may only be invested or reinvested in securities which are direct obligations of or which the principal of and interest on are unconditionally guaranteed by the Federal Government.
2. Any trust bank or credit union shall continuously secure any money placed in escrow or trust and not so invested or reinvested in federal securities by a pledge in any trust banks [,] or credit unions, within or without or both within and without [the] this state, of similar federal securities in an amount which is at all times at least equal to the total uninvested amount of the money accounted for in the escrow or trust.
3. The proceeds and investments in escrow or trust, together with any interest or other gain to be derived from any such investment, must be in an amount at all times at least sufficient to pay the principal of, interest on and any prior redemption premiums due, any charges of the escrow agent or trustee and any other incidental expenses payable therefrom, except to the extent provision may have been previously otherwise made therefor, as those obligations become due at their respective maturities or due at the designated prior redemption dates in connection with which the board has exercised or is obligated to exercise a prior redemption option on behalf of the district.
4. The computations made in determining that sufficiency must be verified by a certified public accountant licensed to practice in this state or in any other state.
Sec. 123. NRS 539.633 is hereby amended to read as follows:
539.633 The principal and interest shall be payable at the place designated in the bonds, which may be at any place within or outside of this state, and any district may deposit [moneys in any bank or] money in one or more banks or credit unions within or outside of this state for the payment of the principal or interest on such bonds at the place or places at which the same are payable, or for any other lawful purpose.
Sec. 124. NRS 539.655 is hereby amended to read as follows:
539.655 1. Whenever any bond of an irrigation district organized and existing under and pursuant to the laws of the State of Nevada, including any bond authorized in any such district but not sold, which is eligible to certification by the state controller under NRS 539.647, is presented to the state controller, he shall attach a certificate in substantially the following form:
Carson City, Nevada....................................(insert date).
I, ........................, state controller of the State of Nevada, do hereby certify that the within bond, No. ..... of issue No. ........ of the ................ Irrigation District, issued ................ (insert date), is, in accordance with NRS 539.640 to 539.665, inclusive, a legal investment for all trust funds and for the [funds] money of all insurance companies, banks, both commercial and savings, credit unions, trust companies, and any [funds] money which may be invested in county, municipal or school district bonds, and it may be deposited as security for the performance of any act whenever the bonds of any county, city or school district may be so deposited, it being entitled to such privileges by virtue of an examination by the department of taxation in pursuance of NRS 539.640 to 539.665, inclusive.
κ1999 Statutes of Nevada, Page 1512 (CHAPTER 354, SB 39)κ
to 539.665, inclusive, a legal investment for all trust funds and for the [funds] money of all insurance companies, banks, both commercial and savings, credit unions, trust companies, and any [funds] money which may be invested in county, municipal or school district bonds, and it may be deposited as security for the performance of any act whenever the bonds of any county, city or school district may be so deposited, it being entitled to such privileges by virtue of an examination by the department of taxation in pursuance of NRS 539.640 to 539.665, inclusive. The within bond may also be used as security for the deposit of public money in banks or credit unions in this state.
.......................................................................
State Controller of the State of Nevada
2. In case of a change in the constitution or any of the laws of this state relating to the bonds of irrigation districts, the state controller shall, if necessary, modify the above certificate so that it conforms to the facts.
3. A facsimile of the state controllers signature, printed or otherwise, impressed upon the certificate is a sufficient signing thereof.
Sec. 125. NRS 539.660 is hereby amended to read as follows:
539.660 1. All bonds certified in accordance with the terms of NRS 539.640 to 539.665, inclusive, are legal investments for all trust funds, and for the [funds] money of all insurance companies, banks, both commercial and savings, credit unions and trust companies.
2. Whenever any money [or funds] may, by law now or hereafter enacted, be invested in bonds of cities, counties, school districts or municipalities in the State of Nevada, such money [or funds] may be invested in the bonds of irrigation districts, and whenever bonds of cities, counties, school districts or municipalities may by any law now or hereafter enacted be used as security for the performance of any act, bonds of irrigation districts under the limitations in NRS 539.640 to 539.665, inclusive, provided it may be so used.
Sec. 126. NRS 561.335 is hereby amended to read as follows:
561.335 1. The revolving account for agriculture working capital in the amount of $10,000 is hereby created for the use of the division.
2. The account must be used specifically for carrying out the provisions of NRS [569.010] 569.005 to 569.080, inclusive, and 569.100 to 569.130, inclusive.
3. The account may be used for:
(a) Paying the expenses of all programs and laws administered by the division, except expenses related to estrays which are required to be paid pursuant to NRS 569.090. The account must be reimbursed promptly from the proper funds in the state treasury by claims paid as other claims against the state are paid for any expenses paid pursuant to this paragraph.
(b) Providing advance money to officers and employees of the division for travel expenses and subsistence allowances arising out of their official duties or employment. Such an advance constitutes a lien in favor of the division upon the accrued wages of the requesting officer or employee in an amount equal to the sum advanced, but the administrator may advance more than the amount of the accrued wages of the officer or employee.
κ1999 Statutes of Nevada, Page 1513 (CHAPTER 354, SB 39)κ
amount of the accrued wages of the officer or employee. Upon the return of the officer or employee, he is entitled to receive any authorized expenses and subsistence in excess of the amount advanced, and a sum equal to the advance must be paid into the revolving account for agriculture working capital.
(c) Making grants and loans for any purpose authorized by subsection 2 of NRS 561.445. Any loan or grant made pursuant to this paragraph must be reimbursed promptly, as other claims against the state are paid, from the money deposited in the state treasury pursuant to subsection 1 of NRS 561.445.
4. The revolving account for agriculture working capital must be deposited in a bank or credit union qualified to receive deposits of public money and the deposit must be secured by a depository bond satisfactory to the state board of examiners.
Sec. 127. NRS 569.090 is hereby amended to read as follows:
569.090 1. Except as otherwise provided pursuant to a cooperative agreement established pursuant to NRS 569.031, the division shall:
(a) Pay the reasonable expenses incurred in taking up, holding, advertising and selling the estray, and any damages for trespass allowed pursuant to NRS 569.440, out of the proceeds of the sale of the estray and shall place the balance in an interest-bearing checking account in a bank or credit union qualified to receive deposits of public money. The proceeds from the sale and any interest on those proceeds, which are not claimed pursuant to subsection 2 within 1 year after the sale, must be deposited in the state treasury for credit to the livestock inspection account.
(b) Make a complete record of the transaction, including the marks and brands and other means of identification of the estray, and shall keep the record open to the inspection of the public.
2. If the lawful owner of the estray is found within 1 year after its sale and proves ownership to the satisfaction of the division, the net amount received from the sale must be paid to the owner.
3. If any claim pending [after the expiration of] 1 year after the date of sale is denied, the proceeds and any interest thereon must be deposited in the livestock inspection account.
Sec. 128. NRS 573.020 is hereby amended to read as follows:
573.020 1. A person shall not hold, operate, conduct or carry on a public livestock auction in this state without first securing a license therefor from the division.
2. The application for a license must be on forms prescribed and furnished by the division and set forth:
(a) The name of the operator of the public livestock auction.
(b) The location of the establishment or premises where the public livestock auction is to be conducted.
(c) The type or kinds of livestock to be handled, sold or exchanged.
(d) A description of the facilities to be used in conducting the public livestock auction.
(e) The weekly or monthly sales day or days on which the applicant proposes to operate his public livestock auction.
κ1999 Statutes of Nevada, Page 1514 (CHAPTER 354, SB 39)κ
(f) The name and address of the bank or credit union where the custodial account for consignors proceeds will be established and maintained by the operator of the public livestock auction in compliance with the provisions of NRS 573.104.
(g) Such other information as the division reasonably may require, including, without limitation, proof that at the time of application the applicant has a line of credit established at a bank or credit union in the State of Nevada in an amount at least equal to the estimated average weekly gross sales receipts of the public livestock auction to be conducted by him.
3. The application must be accompanied by a bond or deposit receipt and the required fee as provided in this chapter.
Sec. 129. NRS 573.037 is hereby amended to read as follows:
573.037 1. As authorized by subsection 3 of NRS 573.030, in lieu of filing the bond described in NRS 573.033 or 573.035, the applicant may deliver to the administrator the receipt of a bank , credit union or trust company doing business in this state showing the deposit with such bank , credit union or trust company of cash or of securities endorsed in blank by the owner thereof and of a market value equal at least to the required principal amount of the bond, such cash or securities to be deposited in escrow under an agreement conditioned as in the case of a bond. A receipt must be accompanied by evidence that there are no unsatisfied judgments against the applicant of record in the county where the applicant resides.
2. An action for recovery against any such deposit may be brought in the same manner as in the case of an action for recovery on a bond filed under the provisions of this chapter.
3. If any licensed operator of a public livestock auction for any reason ceases to operate such auction, the amount of money or securities deposited in lieu of a bond must be retained by the division for 1 year. If [after the expiration of] 1 year [from] after the cessation of such operation, no legal action has been commenced to recover against such money or securities, the amount thereof must be delivered to the owner thereof. If a legal action has been commenced within such time, all such money and securities must be held by the administrator subject to the order of a court of competent jurisdiction.
Sec. 130. NRS 573.104 is hereby amended to read as follows:
573.104 1. Each licensee shall deposit the gross proceeds received by him from the sale of livestock handled on a commission or agency basis in a separate [bank] account established and maintained by the licensee in the bank or credit union at which his line of credit, as required by paragraph (g) of subsection 2 of NRS 573.020, is established. The separate [bank] account must be designated a custodial account for consignors proceeds.
2. The custodial account for consignors proceeds may be drawn on only:
(a) For the payment of net proceeds to the consignor, or any other person or persons of whom the licensee has knowledge who is entitled to those proceeds;
(b) To obtain the sums due the licensee as compensation for his services; and
κ1999 Statutes of Nevada, Page 1515 (CHAPTER 354, SB 39)κ
(c) For such sums as are necessary to pay all legal charges against the consignment of livestock which the licensee in his capacity as agent is required to pay for and on behalf of the consignor.
3. The licensee shall:
(a) In each case keep such accounts and records as will at all times disclose the names of the consignors and the amount due to each from the money in the custodial account for consignors proceeds.
(b) Maintain the custodial account for consignors proceeds in a manner that will expedite examination by the administrator and reflect compliance with the requirements of this section.
Sec. 131. NRS 573.105 is hereby amended to read as follows:
573.105 The administrator shall ascertain, at least quarterly, the continued existence and amount of the line of credit shown pursuant to paragraph (g) of subsection 2 of NRS 573.020, or its replacement by a line of credit at another bank or credit union in the State of Nevada and the amount of the replacement. If the line of credit is so replaced, the custodial account must be transferred to the bank or credit union issuing the new line of credit. If a line of credit in the amount required is not maintained, the administrator shall suspend the operators license.
Sec. 132. NRS 573.183 is hereby amended to read as follows:
573.183 When the administrator determines, on the basis of any verified complaint or of any inspection or investigation made by him pursuant to this chapter, that any operator of a public livestock auction is violating or is about to violate any provision of this chapter for the protection of consignor creditors, he may order:
1. The operator to cease and desist from:
(a) Receiving or selling any livestock;
(b) Receiving or disbursing any money; or
(c) Any practice which violates any provision of this chapter or any other law or any rule, order or regulation issued pursuant to law.
2. Any bank or credit union which holds the custodial account of the operator, as required by NRS 573.104, to refrain from paying out any money from the account.
The order ceases to be effective upon the expiration of 3 days, exclusive of Saturdays, Sundays and other nonjudicial days, [from] after its date of issuance unless a court has, pursuant to NRS 573.185, issued an order which continues the restraint.
Sec. 133. NRS 576.040 is hereby amended to read as follows:
576.040 1. Each applicant to whom a license to act as a dealer, broker or commission merchant is issued shall:
(a) File one of the following:
(1) A bond of a surety company authorized to do business in this state.
(2) A bond with individual sureties owning unencumbered real property within this state subject to execution and worth, above all exemptions, double the amount of the bond.
(3) A personal bond secured by a first deed of trust on real property within this state which is subject to execution and worth, above all exemptions, double the amount of the bond. When the applicant files the bond with the division he shall also file a policy of title insurance on the real property from a title insurance company licensed in this state which states that the property is free and clear of all encumbrances and liens other than the first deed of trust.
κ1999 Statutes of Nevada, Page 1516 (CHAPTER 354, SB 39)κ
property from a title insurance company licensed in this state which states that the property is free and clear of all encumbrances and liens other than the first deed of trust. The applicant shall certify under oath that the property is worth at least twice the amount of the bond and that it is unencumbered. The certificate must be approved by the division.
The bond must be in the form prescribed by, and to the satisfaction of, the division, conditioned for the payment of a judgment against the applicant and arising out of the failure of the applicant or his agent to conduct his business in accordance with the provisions of this chapter, or for nonpayment of obligations in connection with the purchase and sale of livestock or farm products. The bond must provide that the surety company, if any, will notify the division before the end of the second business day after any claim or judgment has been made against the bond. The aggregate liability of any surety to all claimants is limited to the amount of the bond for each licensing period.
(b) File a copy of the bond required by the United States pursuant to the provisions of the Packers and Stockyards Act , [(] 7 U.S.C. § 204 . [).]
(c) Furnish other security in the amount required by this section which is acceptable to the division.
2. In lieu of complying with one of the alternatives provided in subsection 1, the dealer, broker or commission merchant may deliver to the division the receipt of a bank , credit union or trust company in this state showing the deposit with that bank , credit union or trust company of cash or of securities endorsed in blank by the owner thereof and of a market value equal at least to the required principal amount of the bond. The cash or securities must be deposited in escrow under an agreement conditioned as in the case of a bond. Any receipt must be accompanied by evidence that there are no unsatisfied judgments against the dealer, broker or commission merchant of record in the county or counties in which he is doing business or resides. An action for recovery against any such deposit may be brought in the same manner as in the case of an action for recovery on a bond filed under the provisions of NRS 576.042.
3. The amount of the bond, other security or deposit must be:
(a) Based on the applicants annual volume of purchases, according to a schedule adopted by the division; and
(b) Not less than $5,000 nor more than $100,000.
4. All bonds must be renewed or continued in accordance with regulations adopted by the division.
5. Any licensed dealer, broker or commission merchant who knowingly sells or otherwise encumbers real property which is the security for a bond under subsection 1, after a policy of title insurance on that property has been issued and while the bond is in force, is guilty of a gross misdemeanor.
Sec. 134. NRS 598.0966 is hereby amended to read as follows:
598.0966 1. There is hereby created a revolving account for the consumer affairs division of the department of business and industry in the sum of $7,500, which must be used for the payment of expenses related to conducting an undercover investigation of a person who is allegedly engaging in a deceptive trade practice.
κ1999 Statutes of Nevada, Page 1517 (CHAPTER 354, SB 39)κ
2. The commissioner shall deposit the money in the revolving account in a bank or credit union qualified to receive deposits of public [funds] money as provided by law, and the deposit must be secured by a depository bond satisfactory to the state board of examiners.
3. The commissioner or his designee may:
(a) Sign all checks drawn upon the revolving account; and
(b) Make withdrawals of cash from the revolving account.
4. Payments made from the revolving account must be promptly reimbursed from the legislative appropriation, if any, to the consumer affairs division for the expenses related to conducting an undercover investigation of a person who is allegedly engaging in a deceptive trade practice. The claim for reimbursement must be processed and paid as other claims against the state are paid.
5. The commissioner shall:
(a) Approve any disbursement from the revolving account; and
(b) Maintain records of any such disbursement.
Sec. 135. NRS 598.2807 is hereby amended to read as follows:
598.2807 1. Each registrant shall deposit with the division:
(a) A bond executed by a corporate surety approved by the commissioner and licensed to do business in this state;
(b) An irrevocable letter of credit for which the registrant is the obligor, issued by a bank whose deposits are federally insured; or
(c) A certificate of deposit in a [federally insured] financial institution which is doing business in this state [,] and which is federally insured or insured by a private insurer approved pursuant to NRS 678.755. The certificate of deposit may be withdrawn only on the order of the commissioner, except that the interest may accrue to the registrant.
2. The term of the bond, letter of credit or certificate of deposit, or any renewal thereof, must be not less than 1 year.
3. If the registrant deposits a bond, the registrant shall keep accurate records of the bond and the payments made on the premium. The records must be open to inspection by the division during business hours. The registrant shall notify the division not later than 30 days before the date of expiration of the bond and provide written proof of the renewal of the bond to the division.
4. The commissioner may reject any bond, letter of credit or certificate of deposit which fails to conform to the requirements of this chapter.
5. A registrant may change the form of security which he has deposited with the division. If the registrant changes the form of the security, the commissioner may retain for not more than 1 year any portion of the security previously deposited by the registrant as security for claims arising during the time the previous security was in effect.
6. If the amount of the deposited security falls below the amount required by this chapter for that security, the registrant shall be deemed not to be registered as required by NRS 598.2806 for the purposes of this chapter.
κ1999 Statutes of Nevada, Page 1518 (CHAPTER 354, SB 39)κ
Sec. 136. NRS 598.281 is hereby amended to read as follows:
598.281 As used in NRS 598.281 to 598.289, inclusive, unless the context otherwise requires:
1. Buyer means a natural person who is solicited to purchase or who purchases the services of an organization which provides credit services.
2. Commissioner means the commissioner of consumer affairs.
3. Division means the consumer affairs division of the department of business and industry.
4. Extension of credit means the right to defer payment of debt or to incur debt and defer its payment, offered or granted primarily for personal, family or household purposes.
5. Organization:
(a) Means a person who, with respect to the extension of credit by others, sells, provides or performs, or represents that he can or will sell, provide or perform, any of the following services, in return for the payment of money or other valuable consideration:
(1) Improving a buyers credit record, history or rating.
(2) Obtaining an extension of credit for a buyer.
(3) Providing counseling or assistance to a person in establishing or effecting a plan for the payment of his indebtedness, unless such counseling or assistance is provided by and is within the scope of the authorized practice of a debt adjuster licensed pursuant to chapter 676 of NRS.
(4) Providing advice or assistance to a buyer with regard to either subparagraph (1) or (2).
(b) Does not include any of the following:
(1) A person organized, chartered or holding a license or authorization certificate to make loans or extensions of credit pursuant to the laws of this state or the United States who is subject to regulation and supervision by an officer or agency of this state or the United States.
(2) A bank , credit union or savings and loan institution whose deposits or accounts are eligible for insurance by the Federal Deposit Insurance Corporation [.] , the National Credit Union Share Insurance Fund or a private insurer approved pursuant to NRS 678.755.
(3) A nonprofit organization exempt from taxation under section 501(c)(3) of the Internal Revenue Code.
(4) A person licensed as a real estate broker by this state where the person is acting within the course and scope of that license.
(5) A person licensed to practice law in this state where the person renders services within the course and scope of his practice as an attorney at law, unless the person is rendering such services in the course and scope of employment by or other affiliation with an organization.
(6) A broker-dealer registered with the Securities and Exchange Commission or the Commodity Futures Trading Commission where the broker-dealer is acting within the course and scope of such regulation.
(7) A person licensed as a debt adjuster pursuant to chapter 676 of NRS.
(8) A reporting agency.
κ1999 Statutes of Nevada, Page 1519 (CHAPTER 354, SB 39)κ
6. Reporting agency means a person who, for fees, dues or on a cooperative nonprofit basis, regularly engages in whole or in part in the business of assembling or evaluating information regarding the credit of or other information regarding consumers to furnish consumer reports to third parties, regardless of the means or facility of commerce used to prepare or furnish the consumer reports. The term does not include:
(a) A person solely for the reason that he conveys a decision regarding whether to guarantee a check in response to a request by a third party;
(b) A person who obtains or creates a consumer report and provides the report or information contained in it to a subsidiary or affiliate; or
(c) A person licensed pursuant to chapter 463 of NRS.
Sec. 137. NRS 598.855 is hereby amended to read as follows:
598.855 1. Before the organization receives any money from any buyer pursuant to a contract for membership in the organization, it shall establish a trust account for payments on contracts at a [federally insured] financial institution [.] that is federally insured or insured by a private insurer approved pursuant to NRS 678.755. Each payment from a buyer for his contract for membership except for $50 of the first payment, must be deposited in the account. During each quarter of the term of a contract or each 6 months, whichever is shorter , the trustee shall withdraw one quarter of the buyers payments from the account and pay the amount to the organization.
2. If the organization sells, transfers or assigns the contract with the buyer to a third party, and the third party gives reasonable consideration for the contract, the organization shall deposit the consideration in the trust account. If the third party does not give reasonable consideration for the contract, the organization shall deposit all payments on the contract from the buyer in the organizations trust account for payments on the contract.
Sec. 138. NRS 599B.100 is hereby amended to read as follows:
599B.100 1. An application filed pursuant to NRS 599B.090 must be accompanied by:
(a) A bond executed by a corporate surety approved by the commissioner and licensed to do business in this state;
(b) An irrevocable letter of credit issued for the benefit of the applicant by a bank whose deposits are insured by an agency of the Federal Government; or
(c) A certificate of deposit in a financial institution insured by an agency of the Federal Government [, which] or by a private insurer approved pursuant to NRS 678.755. The certificate of deposit may be withdrawn only on the order of the commissioner, except that the interest may accrue to the applicant.
2. The amount of the bond, letter of credit or certificate of deposit must be $50,000, and the bond, letter of credit or certificate of deposit must be conditioned upon compliance by the applicant with the provisions of this chapter.
3. The amount of the security required to be filed by the seller may be increased to not more than $250,000 as part of an assurance of discontinuance accepted by the attorney general pursuant to NRS 599B.235.
κ1999 Statutes of Nevada, Page 1520 (CHAPTER 354, SB 39)κ
4. If, after a registration certificate is issued, the amount of the bond, letter of credit or certificate of deposit which secures the registration falls below the amount that is required by subsection 2 or the amount determined by the commissioner pursuant to subsection 3, the seller shall be deemed not to be registered pursuant to this chapter for the purposes of NRS 599B.080.
5. The term of any bond, letter of credit or certificate of deposit, or any renewal thereof, must not be less than 1 year.
6. The commissioner may reject any bond, letter of credit or certificate of deposit which fails to conform to the requirements of this section.
7. A seller may change the form of the security. If a seller changes the form of the security, the commissioner may retain for not more than 1 year all or a portion of the security previously filed by the seller as security for claims arising at the time the security was in effect.
8. If no claims have been filed against the bond, letter of credit or certificate of deposit within 6 months after the registrant ceases to operate or his registration expires, whichever occurs later, the commissioner shall release the bond, letter of credit or certificate of deposit to the registrant and shall not audit any claims filed thereafter by consumers. If one or more claims have been filed against the bond, letter of credit or certificate of deposit within 6 months after the registrant ceases to operate or his registration expires, whichever occurs later, the proceeds must not be released to the registrant or distributed to any consumer earlier than 1 year after the registrant ceases to operate or his registration expires, whichever occurs later. The division shall not audit any claims which are filed pursuant to NRS 599B.105 more than 1 year after the registrant ceases to operate or his registration expires, whichever occurs later. For the purposes of this subsection, the commissioner shall determine the date on which a registrant ceases to operate.
Sec. 139. NRS 604.120 is hereby amended to read as follows:
604.120 1. In lieu of any surety bond, or any portion of the principal sum thereof as required by this chapter, a registrant may deposit with the state treasurer or with any bank , credit union or trust company authorized to do business in this state as the registrant may select, with the approval of the commissioner:
(a) Interest-bearing stocks;
(b) Bills, bonds, notes, debentures or other obligations of the United States or any agency or instrumentality thereof, or guaranteed by the United States; or
(c) Any obligation of this state or any city, county, town, township, school district or other instrumentality of this state or guaranteed by this state,
in an aggregate amount of, based upon principal amount or market value, whichever is lower, of not less than the amount of the required surety bond or portion thereof.
2. The securities must be held to secure the same obligation as would the surety bond, but the depositor may receive any interest or dividends and, with the approval of the commissioner, substitute other suitable securities for those deposited.
κ1999 Statutes of Nevada, Page 1521 (CHAPTER 354, SB 39)κ
Sec. 140. NRS 607.170 is hereby amended to read as follows:
607.170 1. When the labor commissioner deems it necessary, he may take an assignment of a claim for wages and commissions and prosecute an action for collection of wages, commissions and other demands of any person who is financially unable to employ counsel in a case in which, in the judgment of the labor commissioner, the claim for wages or commissions is valid and enforceable in the courts.
2. In all matters relating to wages or commissions and before taking any assignment, the labor commissioner may summon to appear before him, at a suitable place in the county of the claimant, his employer and all other necessary persons for the purpose of adjusting and settling claims for wages or commissions before bringing suit therefor, and the labor commissioner may effect reasonable compromises of those claims.
3. The labor commissioner or his deputy may maintain a commercial account with any bank or credit union within [the] this state for the deposit of money collected for claims for wages or commissions. The money must be promptly paid to the person entitled thereto. At the end of each calendar year, any unclaimed money in the commercial account which has been a part of the account for 5 years or more is presumed abandoned under NRS 120A.220.
Sec. 141. NRS 608.120 is hereby amended to read as follows:
608.120 The payment of wages or compensation must be made in lawful money of the United States or by a good and valuable negotiable check or draft drawn only to the order of the employee unless:
1. The employee has agreed in writing to some other disposition of his wages; or
2. The employer has been directed to make some other disposition of the employees wages by:
(a) A court of competent jurisdiction; or
(b) An agency of federal, state or local government with jurisdiction to issue such directives.
Such checks or drafts must be payable on presentation thereof at some bank , credit union or established place of business without discount in lawful money of the United States. They must be payable at the place designated in the notice prescribed in NRS 608.080.
Sec. 142. NRS 608.130 is hereby amended to read as follows:
608.130 1. A person engaged in any business or enterprise of any kind in this state shall not issue, in payment of, or as evidence of, any indebtedness for wages due an employee, any order, check, memorandum or other acknowledgment of indebtedness unless it is a negotiable instrument payable without discount, in cash on demand, at some bank , credit union or other established place of business but this subsection does not limit or interfere with the right of any employee, by agreement, to accept from any such person, as an evidence or acknowledgment of indebtedness for wages due him, a negotiable instrument payable at some future date with interest.
2. In the event of nonpayment when due of any negotiable instrument issued in payment of wages, the holder in due course of the instrument succeeds and has the same rights, priorities and preferences with respect to payment thereof, and stands in the same position, as the payee of the instrument with respect to a claim for wages unpaid when due, in addition to any other remedy available to the holder in due course provided by law.
κ1999 Statutes of Nevada, Page 1522 (CHAPTER 354, SB 39)κ
instrument with respect to a claim for wages unpaid when due, in addition to any other remedy available to the holder in due course provided by law.
3. An employer who knowingly issues to an employee a negotiable instrument in payment of wages for which there is insufficient money, property or credit with the drawee of the instrument to pay it in full upon presentation shall reimburse the employee for any penalty or charge incurred by him arising from his reliance on the validity of the instrument.
Sec. 143. NRS 611.070 is hereby amended to read as follows:
611.070 1. Before a license is issued, the applicant shall deposit with the labor commissioner a bond, approved by the labor commissioner, in the sum of $1,000 with two or more sureties or an authorized surety company as surety. A notice of 30 days must be given to the labor commissioner before cancellation of the bond.
2. The bond must be conditioned so that the suspension, revocation, surrender or expiration of the license to operate the employment agency does not affect the coverage of the bond as to a claim arising out of acts that occurred before the date of the suspension, revocation, surrender or expiration of the license.
3. In lieu of a bond an applicant may deposit with the labor commissioner:
(a) An amount of money or bonds of the United States or of the State of Nevada of an actual market value not less than the amount fixed by the labor commissioner; or
(b) A savings certificate of a bank , credit union or savings and loan association situated in Nevada, which indicates an account containing an amount equal to the amount of the bond which would otherwise be required by this section and that this amount is unavailable for withdrawal except upon order of the labor commissioner. Interest earned on this amount accrues to the account of the applicant.
4. The labor commissioner may at any time require the licensee to file a new or supplementary bond, or a deposit in lieu thereof, in a form and amount of not more than $5,000 to conform to the provisions of this section if the labor commissioner deems the initial deposit or surety of the initial bond to be unsatisfactory or the amount of the deposit or bond to have become insufficient to satisfy all claims, accrued or contingent, against the licensee.
5. Any money received in lieu of a bond must be deposited with the state treasurer for credit to the labor commissioners account for bonds, which is hereby created in the state agency fund for bonds. The deposit must not be released for a period of 90 days following the date of suspension, revocation, surrender or expiration of the license.
Sec. 144. NRS 611.135 is hereby amended to read as follows:
611.135 1. The labor commissioner may accept assignments of claims arising under NRS 611.020 to 611.320, inclusive, against employment agencies.
2. The labor commissioner may maintain a commercial account with any bank or credit union within [the] this state for the deposit of any [moneys] money recovered for the use of such assigning claimants. The [moneys shall] money must be promptly paid to the claimants entitled thereto. At the end of each calendar year, any unclaimed [moneys] money in the commercial account which [have] has been a part of [such] the account for 7 years or more [shall] must be paid into the state treasury for credit to the state general fund.
κ1999 Statutes of Nevada, Page 1523 (CHAPTER 354, SB 39)κ
each calendar year, any unclaimed [moneys] money in the commercial account which [have] has been a part of [such] the account for 7 years or more [shall] must be paid into the state treasury for credit to the state general fund.
Sec. 145. NRS 612.590 is hereby amended to read as follows:
612.590 1. The state treasurer shall:
(a) Be the treasurer and custodian of the fund.
(b) Administer the fund in accordance with the directions of the administrator.
(c) Issue his warrants upon it in accordance with such regulations as the administrator prescribes.
2. The state treasurer shall maintain within the fund three separate accounts:
(a) A clearing account.
(b) An unemployment trust fund account.
(c) A benefit account.
3. All money payable to the fund, upon receipt thereof by the administrator, must be forwarded to the state treasurer, who shall immediately deposit it in the clearing account.
4. Refunds payable pursuant to NRS 612.655 may be paid from the clearing account or from the benefit account upon warrants issued by the state treasurer under the direction of the administrator.
5. After clearance thereof, all other money in the clearing account must be immediately deposited with the Secretary of the Treasury to the credit of the account of this state in the unemployment trust fund established and maintained pursuant to Section 904 of the Social Security Act, as amended , [(] 42 U.S.C. § 1104 , [),] any provisions of law in this state relating to the deposit, administration, release or disbursement of money in the possession or custody of this state to the contrary notwithstanding.
6. The benefit account consists of all money requisitioned from this states account in the unemployment trust fund.
7. Except as herein otherwise provided, money in the clearing and benefit accounts may be deposited by the state treasurer, under the direction of the administrator, in any bank , credit union or public depositary in which general money of the state may be deposited, but no public deposit insurance charge or premium may be paid out of the fund.
8. Money in the clearing and benefit accounts must not be commingled with other state money, but must be maintained in a separate account on the books of the depositary. Money in the clearing and benefit accounts must be secured by the bank , credit union or public depositary to the same extent and in the same manner as required by the general depositary laws of the State of Nevada, and collateral pledged must be maintained in a separate custody account.
Sec. 146. NRS 615.255 is hereby amended to read as follows:
615.255 1. There is hereby created the vocational rehabilitation revolving account in the amount of $35,000 to be used for the payment of claims of applicants for or recipients of services from the bureau and vendors providing services to those applicants or recipients under procedures established by the bureau.
κ1999 Statutes of Nevada, Page 1524 (CHAPTER 354, SB 39)κ
2. Upon written request from the chief, the state controller shall draw his warrant from money already appropriated in favor of the chief in the sum of $35,000. When the warrant is paid, the chief shall deposit the $35,000 in a bank or credit union qualified to receive deposits of public money. The bank or credit union must secure the deposit with a depository bond satisfactory to the state board of examiners, unless it is otherwise secured by the Federal Deposit Insurance Corporation [.] , the National Credit Union Share Insurance Fund or a private insurer approved pursuant to NRS 678.755.
3. After expenditure of money from the revolving account, the chief shall present a claim to the state board of examiners. When approved by the state board of examiners, the state controller shall draw his warrant in the amount of the claim in favor of the vocational rehabilitation revolving account, to be paid to the order of the chief, and the state treasurer shall pay it.
4. Money in the vocational rehabilitation revolving account does not revert to the state general fund at the end of the fiscal year, but remains in the revolving account.
5. Purchases paid for from the vocational rehabilitation revolving account for the purposes authorized by subsection 1 may be exempt from the provisions of the State Purchasing Act at the discretion of the chief of the purchasing division of the department of administration or his designated representative.
Sec. 147. NRS 616B.056 is hereby amended to read as follows:
616B.056 The manager shall:
1. Approve annual and biennial budgets of the system.
2. Approve investment policies of the system.
3. Approve the appointment of investment counselors and custodians of investments.
4. Approve the designation of banks and credit unions as collection depositories.
5. Approve the appointment of an independent actuary and arrange for an annual actuarial valuation and report of the soundness of the system and the state insurance fund as prepared by the independent actuary.
6. Appoint an independent certified accountant who shall provide an annual audit of the state insurance fund and report to the manager.
7. Before each legislative session, report to the legislature on the operation of the system and any recommendation for legislation which he deems appropriate.
Sec. 148. NRS 616B.107 is hereby amended to read as follows:
616B.107 1. No person engaged in business as a broker or dealer in securities or who has a direct pecuniary interest in any such business who receives commissions for transactions performed as an agent for the system is eligible for employment as investment counsel for the system.
2. The manager shall not engage investment counsel unless:
(a) The principal business of the person selected by the manager consists of rendering investment supervisory services, that is, the giving of continuous advice as to the investment of money on the basis of the individual needs of each client;
κ1999 Statutes of Nevada, Page 1525 (CHAPTER 354, SB 39)κ
(b) The person and his predecessors have been continuously engaged in such business for a period of 3 or more years, and, if a firm or corporation, the senior management personnel of the firm or corporation have an average of 10 years professional experience as investment managers;
(c) The person as of the time originally hired, has at least $250,000,000 of assets under management contract, exclusive of any assets related to governmental agencies in this state;
(d) The person is registered as an investment adviser under the laws of the United States as from time to time in effect, or is a bank or an investment management subsidiary of a bank;
(e) The contract between the system and the investment counsel is of no specific duration and is voidable at any time by either party; and
(f) The person has been approved by the state board of finance for employment as investment counsel.
3. More than one investment counsel may be employed in the discretion of the manager.
4. The expense of such employment must be paid from the state insurance fund.
5. Any investment program adopted by the system and all investments made thereunder must be reported quarterly in writing by the manager to the state board of finance, and the report is subject to review by the state board of finance. The state board of finance may require the manager to provide further reports and may recommend modifications in the investment program, including replacement of the investment counsel. If, after a reasonable time, the manager has not taken suitable corrective action in response to recommendations by the state board of finance, the state board of finance may direct the manager to carry out its recommendations in a manner acceptable to the state board of finance. Any directives from the state board of finance must be in writing.
6. With the approval of the state board of finance, the manager may designate [the bank or] one or more banks or credit unions which shall have [the] custody of the various investments authorized in NRS 616B.116 to 616B.164, inclusive.
7. The system may accept due bills from brokers upon delivery of warrants if the certificates representing the investments are not readily available.
Sec. 149. NRS 616B.149 is hereby amended to read as follows:
616B.149 The manager may invest and reinvest the money in the funds of the system in:
1. Negotiable instruments as they are set forth in the Uniform Commercial Code — Negotiable Instruments, NRS 104.3101 et seq. Eligible negotiable instruments may not exceed 180 days maturity and must be of prime quality as defined by a nationally recognized organization which rates such securities. It is further limited to issuing corporations with net worth in excess of $50 million which are incorporated under the laws of the United States or any state thereof or the District of Columbia.
2. Collective or part interest in negotiable instruments held by national banks and issued by companies whose negotiable instruments meet the requirements prescribed in subsection 1.
κ1999 Statutes of Nevada, Page 1526 (CHAPTER 354, SB 39)κ
3. Bankers acceptances of the kind and maturities made eligible by law for rediscount with Federal Reserve Banks, and generally accepted by banks or trust companies which are members of the Federal Reserve System.
4. Time certificates of deposit issued by commercial banks , insured credit unions or insured savings and loan associations.
5. Savings accounts in state banks, located in and organized under the laws of this state, or national banks.
6. Savings accounts in insured credit unions or insured savings and loan associations located in or organized under the laws of this state.
Sec. 150. NRS 616B.254 is hereby amended to read as follows:
616B.254 1. As used in this section, person includes this state and any county, municipality, district or other political subdivision thereof.
2. If any employer is delinquent in the payment of the amount of any premium, penalty or interest required by chapters 616A to 616D, inclusive, or chapter 617 of NRS or a determination has been made against him which remains unpaid, the manager may, not later than 3 years after the payment became delinquent or within 6 years after the recording of a judgment pursuant to NRS 616B.266, give notice of the amount of the delinquency personally or by registered or certified mail to any person having in his possession or under his control any money, credits or other personal property belonging to the delinquent employer or owing any debts to the delinquent employer at the time of the receipt of the registered or certified notice. In the case of any state officer, department or agency, the notice must be given to the officer, department or agency before it presents the claim of the delinquent employer to the state controller.
3. A state officer, department or agency which receives such a notice may satisfy any debt owed to it by that person before it honors the managers notice.
4. After receiving the notice, a person so notified may not transfer or otherwise dispose of the money, credits, other personal property or debts in his possession or under his control at the time he received the notice until the manager consents to a transfer or other disposition in writing, or until 30 days after the receipt of the notice, whichever period expires earlier.
5. A person so notified shall, within 5 days after receipt of the notice, inform the manager of all money, credits, other personal property or debts belonging to the delinquent employer in his possession, under his control or owing by him.
6. If the notice seeks to prevent the transfer or other disposition of a deposit in a bank or credit union or other credits or personal property in the possession or under the control of a bank [,] or credit union, the notice must be delivered or mailed to the branch or office of the bank or credit union at which the deposit is carried or at which the credits or personal property is held.
7. If, during the effective period of the notice to withhold, any person so notified makes any transfer or other disposition of the property or debts required to be withheld, to the extent of the value of the property or the amount of the debts thus transferred or paid, he is liable to the state for any indebtedness due pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS from the person with respect to whose obligation the notice was given if solely by reason of the transfer or other disposition the state is unable to recover the indebtedness of the person with respect to whose obligation the notice was given.
κ1999 Statutes of Nevada, Page 1527 (CHAPTER 354, SB 39)κ
given if solely by reason of the transfer or other disposition the state is unable to recover the indebtedness of the person with respect to whose obligation the notice was given.
8. Upon the demand of the manager, the person shall remit or deliver to the manager the money, credit or other personal property up to the amount owed by the delinquent employer.
Sec. 151. NRS 616B.368 is hereby amended to read as follows:
616B.368 1. The board of trustees of an association of self-insured public or private employers is responsible for the money collected and disbursed by the association.
2. The board of trustees shall:
(a) Establish a claims account in a [federally insured] financial institution in this state which is approved by the commissioner [.] and which is federally insured or insured by a private insurer approved pursuant to NRS 678.755. Except as otherwise provided in subsection 3, at least 75 percent of the annual assessment collected by the association from its members must be deposited in this account to pay:
(1) Claims;
(2) Expenses related to those claims;
(3) The costs associated with the associations policy of excess insurance; and
(4) Assessments, payments and penalties related to the subsequent injury fund and the uninsured employers claim fund.
(b) Establish an administrative account in a [federally insured] financial institution in this state which is approved by the commissioner [.] and which is federally insured or insured by a private insurer approved pursuant to NRS 678.755. The amount of the annual assessment collected by the association that is not deposited in its claims account must be deposited in this account to pay the administrative expenses of the association.
3. The commissioner may authorize an association to deposit less than 75 percent of its annual assessment in its claims account if the association presents evidence to the satisfaction of the commissioner that:
(a) More than 25 percent of the associations annual assessment is needed to maintain its programs for loss control and occupational safety; and
(b) The associations policy of excess insurance attaches at less than 75 percent.
4. The board of trustees may invest the money of the association not needed to pay the obligations of the association pursuant to chapter 682A of NRS.
5. The commissioner shall review the accounts of an association established pursuant to this section at such times as he deems necessary to ensure compliance with the provisions of this section.
Sec. 152. NRS 623.160 is hereby amended to read as follows:
623.160 Except as otherwise provided in NRS 623.190, all fees provided for by the provisions of this chapter must be paid to and receipted for by the secretary of the board, who shall deposit the fees in banks or credit unions in the State of Nevada or institutions in this state whose business is the making of investments. Fees so deposited may be drawn against only for the purposes of this chapter.
κ1999 Statutes of Nevada, Page 1528 (CHAPTER 354, SB 39)κ
Sec. 153. NRS 623A.150 is hereby amended to read as follows:
623A.150 1. All money coming into the possession of the board must be kept or deposited by the executive director in banks , credit unions or savings and loan associations in the State of Nevada.
2. Except as otherwise provided in subsection 6, all money collected by the board must be used to pay the expenses of examinations, expenses of the issuance of certificates and expenses to conduct the business of the board.
3. The expenses, including the per diem allowances and travel expenses of the members and employees of the board while engaged in the business of the board and the expenses to conduct examinations, must be paid from the current receipts. No portion thereof may be paid from the state treasury.
4. Any balance remaining in excess of the expenses incurred may be retained by the board and used to defray the future expenses of the board.
5. The board may delegate to a hearing officer or panel its authority to take any disciplinary action pursuant to this chapter, impose and collect fines and penalties therefor and deposit the money therefrom in banks , credit unions or savings and loan associations in this state.
6. If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 5 and the board deposits the money collected from the imposition of fines with the state treasurer for credit to the state general fund, it may present a claim to the state board of examiners for recommendation to the interim finance committee if money is needed to pay attorneys fees or the costs of an investigation, or both.
Sec. 154. NRS 624.140 is hereby amended to read as follows:
624.140 1. Except as otherwise provided in subsection 3, if money becomes available from the operations of this chapter and payments made for licenses, the board may pay from that money:
(a) The expenses of the operations of this chapter, including the maintenance of offices.
(b) The salary of the executive officer who must be named by the board.
(c) A salary to each member of the board of not more than $80 per day, as fixed by the board, while engaged in the business of the board.
(d) A per diem allowance and travel expenses for each member and employee of the board at a rate fixed by the board, while engaged in the business of the board. The rate must not exceed the rate provided for state officers and employees generally.
2. The board may delegate to a hearing officer or panel its authority to take any disciplinary action pursuant to this chapter, impose and collect fines therefor and deposit the money therefrom in banks , credit unions or savings and loan associations in this state.
3. If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 2 and the board deposits the money collected from the imposition of fines with the state treasurer for credit to the state general fund, it may present a claim to the state board of examiners for recommendation to the interim finance committee if money is needed to pay attorneys fees or the costs of an investigation, or both.
κ1999 Statutes of Nevada, Page 1529 (CHAPTER 354, SB 39)κ
Sec. 155. NRS 624.150 is hereby amended to read as follows:
624.150 1. The board shall elect one of its members as treasurer.
2. All [funds] money received by the board shall be turned over to the treasurer who shall keep books of account and who is authorized to deposit the [funds] money in banks , credit unions or savings and loan associations in the State of Nevada, and to expend [from the funds moneys] money necessary for the operation of the board under the terms of this chapter when the expenses have been approved by the board.
3. All balances at any time in the possession of the treasurer shall be subject to legislative disposition.
Sec. 156. NRS 625.150 is hereby amended to read as follows:
625.150 1. The board shall deposit in banks , credit unions and savings and loan associations in the State of Nevada all money collected by it.
2. Except as otherwise provided in subsection 6, all money collected by the board must be used to meet the expenses of conducting examinations, issuing licenses and conducting the office of the board.
3. The expenses of the board, including the per diem allowances and travel expenses of the members and employees of the board while engaged in the business of the board and the expenses of conducting examinations, must be paid from the current receipts. No portion thereof may be paid from the state treasury.
4. Any balance remaining in excess of the expenses incurred may be retained by the board and used in defraying the future expenses thereof.
5. The board may delegate to a hearing officer or panel its authority to take any disciplinary action pursuant to this chapter, impose and collect fines and penalties therefor and deposit the money therefrom in banks , credit unions or savings and loan associations in this state.
6. If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 5 and the board deposits the money collected from the imposition of fines with the state treasurer for credit to the state general fund, it may present a claim to the state board of examiners for recommendation to the interim finance committee if money is needed to pay attorneys fees or the costs of an investigation, or both.
7. The board shall consider and take appropriate action concerning a written notification received by the board pursuant to NRS 278.587 or 338.176.
Sec. 157. NRS 625A.060 is hereby amended to read as follows:
625A.060 1. The secretary of the board shall receive and account for all money paid to the board and deposit it in banks , credit unions and savings and loan associations in this state.
2. The compensation and expenses of the members and employees of the board and the expenses of administering the provisions of this chapter must be paid from the fees received by the board upon approval by the board.
Sec. 158. NRS 628.140 is hereby amended to read as follows:
628.140 1. Except as otherwise provided in subsection 3, all fees and other money received by the board pursuant to the provisions of this chapter must be deposited in banks , credit unions or savings and loan associations in the State of Nevada and expended solely for the purposes of this chapter. The money so deposited does not revert to the state general fund.
κ1999 Statutes of Nevada, Page 1530 (CHAPTER 354, SB 39)κ
money so deposited does not revert to the state general fund. The compensation provided for by this chapter and all expenses incurred under this chapter must be paid from this money. No compensation or expenses incurred under this chapter may be charged against the state general fund.
2. The board may delegate to a hearing officer or panel its authority to take any disciplinary action pursuant to this chapter, impose and collect civil penalties, court costs and attorneys fees therefor and deposit the money therefrom in banks , credit unions or savings and loan associations in this state.
3. If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 2 and the board deposits the money collected from the imposition of civil penalties, court costs and attorneys fees with the state treasurer for credit to the state general fund, it may present a claim to the state board of examiners for recommendation to the interim finance committee if money is needed to pay attorneys fees or the costs of an investigation, or both.
Sec. 159. NRS 630.110 is hereby amended to read as follows:
630.110 1. Out of the money coming into the possession of the board, each member and advisory member of the board is entitled to receive:
(a) A salary of not more than $80 per day, as fixed by the board, while engaged in the business of the board; and
(b) A per diem allowance and travel expenses at a rate fixed by the board, while engaged in the business of the board. The rate must not exceed the rate provided for state officers and employees generally.
2. While engaged in the business of the board, each employee of the board is entitled to receive a per diem allowance and travel expenses at a rate fixed by the board. The rate must not exceed the rate provided for state officers and employees generally.
3. Expenses of the board and the expenses and salaries of its members and employees must be paid from the fees received by the board pursuant to the provisions of this chapter, and no part of the salaries or expenses of the board may be paid out of the state general fund or from the penalties imposed by the board pursuant to this chapter.
4. All money received by the board from:
(a) Fees must be deposited in financial institutions in this state [which] that are federally insured [,] or insured by a private insurer pursuant to NRS 678.755, invested in treasury bills or notes of the United States, deposited in institutions in this state whose business is the making of investments , or invested as authorized by NRS 355.140.
(b) Penalties must be deposited with the state treasurer for credit to the state general fund.
Sec. 160. NRS 630A.160 is hereby amended to read as follows:
630A.160 1. Out of the money coming into the possession of the board, each member of the board is entitled to receive:
(a) A salary of not more than $80 per day, as fixed by the board, while engaged in the business of the board; and
(b) A per diem allowance and travel expenses at a rate fixed by the board, while engaged in the business of the board. The rate must not exceed the rate provided for state officers and employees generally.
κ1999 Statutes of Nevada, Page 1531 (CHAPTER 354, SB 39)κ
2. While engaged in the business of the board, each employee of the board is entitled to receive a per diem allowance and travel expenses at a rate fixed by the board. The rate must not exceed the rate provided for state officers and employees generally.
3. Expenses of the board and the expenses and salaries of the members and employees of the board must be paid from the fees received by the board pursuant to the provisions of this chapter. Except as otherwise provided in subsection 6, no part of the salaries or expenses of the members of the board may be paid out of the state general fund.
4. All money received by the board must be deposited in financial institutions in this state [which] that are federally insured [.] or insured by a private insurer approved pursuant to NRS 678.755.
5. The board may delegate to a hearing officer or panel its authority to take any disciplinary action pursuant to this chapter, impose and collect administrative fines, court costs and attorneys fees therefor and deposit the money therefrom in financial institutions in this state [which] that are federally insured [.] or insured by a private insurer approved pursuant to NRS 678.755.
6. If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 5, the board shall deposit the money collected from the imposition of administrative fines, court costs and attorneys fees with the state treasurer for credit to the state general fund. The board may present a claim to the state board of examiners for recommendation to the interim finance committee if money is needed to pay attorneys fees or the costs of an investigation, or both.
Sec. 161. NRS 631.180 is hereby amended to read as follows:
631.180 1. Each member of the board is entitled to receive:
(a) A salary of not more than $80 per day as fixed by the board, while engaged in the business of the board; and
(b) A per diem allowance and travel expenses at a rate fixed by the board, while engaged in the business of the board. The rate must not exceed the rate provided for state officers and employees generally.
2. While engaged in the business of the board, each employee of the board is entitled to receive a per diem allowance and travel expenses at a rate fixed by the board. The rate must not exceed the rate provided for state officers and employees generally.
3. The board shall deposit in banks , credit unions or savings and loan associations in this state all fees which it receives.
4. All expenses of the board must be paid from the fees received by the board, and no part thereof may be paid from the state general fund.
Sec. 162. NRS 631.350 is hereby amended to read as follows:
631.350 1. Except as otherwise provided in NRS 631.347, the board may:
(a) Refuse to issue a license to any person;
(b) Revoke or suspend the license or renewal certificate issued by it to any person;
(c) Fine a person it has licensed;
(d) Place a person on probation for a specified period on any conditions the board may order;
κ1999 Statutes of Nevada, Page 1532 (CHAPTER 354, SB 39)κ
(e) Issue a public reprimand to a person;
(f) Limit a persons practice to certain branches of dentistry;
(g) Require a person to participate in a program to correct alcohol or drug abuse or any other impairment;
(h) Require that a persons practice be supervised;
(i) Require a person to perform public service without compensation;
(j) Require a person to take a physical or mental examination or an examination of his competence;
(k) Require a person to fulfill certain training or educational requirements; or
(l) Any combination thereof,
upon proof satisfactory to the board that the person has engaged in any of the activities listed in subsection 2.
2. The following activities may be punished as provided in subsection 1:
(a) Engaging in the illegal practice of dentistry or dental hygiene;
(b) Engaging in unprofessional conduct; or
(c) Violating any regulations adopted by the board or the provisions of this chapter.
3. The board may delegate to a hearing officer or panel its authority to take any disciplinary action pursuant to this chapter, impose and collect fines therefor and deposit the money therefrom in banks , credit unions or savings and loan associations in this state.
4. If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 3 and the board deposits the money collected from the imposition of fines with the state treasurer for credit to the state general fund, it may present a claim to the state board of examiners for recommendation to the interim finance committee if money is needed to pay attorneys fees or the costs of an investigation, or both.
Sec. 163. NRS 632.090 is hereby amended to read as follows:
632.090 1. Except as otherwise provided in subsection 3, all money received by the board under the provisions of this chapter must be paid to the executive director of the board, who shall deposit the money in banks , credit unions or savings and loan associations in the State of Nevada. The money may be drawn on by the board for payment of all expenses incurred in the administration of the provisions of this chapter.
2. The board may delegate to a hearing officer or panel its authority to take any disciplinary action pursuant to this chapter, impose and collect fines and penalties therefor and deposit the money therefrom in banks , credit unions or savings and loan associations in this state.
3. If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 2 and the board deposits the money collected from the imposition of fines with the state treasurer for credit to the state general fund, it may present a claim to the state board of examiners for recommendation to the interim finance committee if money is needed to pay attorneys fees or the costs of an investigation, or both.
κ1999 Statutes of Nevada, Page 1533 (CHAPTER 354, SB 39)κ
Sec. 164. NRS 633.261 is hereby amended to read as follows:
633.261 1. All reasonable expenses incurred by the board in carrying out the provisions of this chapter shall be paid from the fees which it receives, and no part of the salaries or expenses of the board may be paid out of the general fund of the state treasury.
2. All money received by the board shall be deposited in banks , credit unions or savings and loan associations in this state and shall be paid out on its order for its expenses.
Sec. 165. NRS 634.050 is hereby amended to read as follows:
634.050 1. Except as otherwise provided in subsection 3, all money collected by the board must be deposited in banks , credit unions or savings and loan associations in the State of Nevada, and must be used by the board to defray its legitimate expenses.
2. The board may delegate to a hearing officer or panel its authority to take any disciplinary action pursuant to this chapter, impose and collect fines therefor and deposit the money therefrom in banks , credit unions or savings and loan associations in this state.
3. If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 2 and the board deposits the money collected from the imposition of fines with the state treasurer for credit to the state general fund, it may present a claim to the state board of examiners for recommendation to the interim finance committee if money is needed to pay attorneys fees or the costs of an investigation, or both.
Sec. 166. NRS 635.040 is hereby amended to read as follows:
635.040 1. All fees provided for in this chapter must be paid to the treasurer of the board, who shall deposit the fees in banks , credit unions or savings and loan associations in this state. All of the salaries and expenses for the operation of the board must be paid from the fees.
2. The board shall deposit the money collected from the imposition of civil penalties with the state treasurer for credit to the state general fund, and may present a claim to the state board of examiners for recommendation to the interim finance committee if money is needed to pay attorneys fees or the costs of an investigation, or both.
Sec. 167. NRS 636.110 is hereby amended to read as follows:
636.110 1. Except as otherwise provided in subsection 3, all money coming into possession of the board must be deposited by the executive director in a special fund to be expended for payment of compensation and expenses of members of the board and for other necessary or proper purposes in the administration of this chapter. The executive director shall deposit the money in banks , credit unions or savings and loan associations in this state.
2. The board may delegate to a hearing officer or panel its authority to take any disciplinary action pursuant to this chapter, impose and collect administrative fines and penalties therefor and forward the money therefrom to the executive director for deposit in banks , credit unions or savings and loan associations in this state.
3. If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 2 and the board deposits the money collected from the imposition of administrative fines and penalties with the state treasurer for credit to the state general fund, it may present a claim to the state board of examiners for recommendation to the interim finance committee if money is needed to pay attorneys fees or the costs of an investigation, or both.
κ1999 Statutes of Nevada, Page 1534 (CHAPTER 354, SB 39)κ
state board of examiners for recommendation to the interim finance committee if money is needed to pay attorneys fees or the costs of an investigation, or both.
Sec. 168. NRS 637.060 is hereby amended to read as follows:
637.060 1. Except as otherwise provided in subsection 3, all money received by the board under the provisions of this chapter must be deposited in banks , credit unions or savings and loan associations in the State of Nevada. The money may be drawn on by the board for payment of all expenses incurred in the administration of the provisions of this chapter.
2. The board may delegate to a hearing officer or panel its authority to take any disciplinary action pursuant to this chapter, impose and collect administrative fines therefor and deposit the money therefrom in banks , credit unions or savings and loan associations in this state.
3. If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 2 and the board deposits the money collected from the imposition of administrative fines with the state treasurer for credit to the state general fund, it may present a claim to the state board of examiners for recommendation to the interim finance committee if money is needed to pay attorneys fees or the costs of an investigation, or both.
Sec. 169. NRS 637A.080 is hereby amended to read as follows:
637A.080 1. All fees provided for in this chapter must be paid to the board.
2. Except as otherwise provided in subsection 4, all money coming into the possession of the board must be kept or deposited by the secretary in banks, credit unions, savings and loan associations or other financial institutions in this state to be expended for the payment of the salaries and expenses of the members and employees of the board and for other necessary or proper purposes in the administration of this chapter.
3. The board may delegate to a hearing officer or panel its authority to take any disciplinary action pursuant to this chapter, impose and collect penalties therefor and deposit the money therefrom in banks, credit unions, savings and loan associations or other financial institutions in this state.
4. If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 3 and the board deposits the money collected from the imposition of penalties with the state treasurer for credit to the state general fund, it may present a claim to the state board of examiners for recommendation to the interim finance committee if money is needed to pay attorneys fees or the costs of an investigation, or both.
Sec. 170. NRS 637B.240 is hereby amended to read as follows:
637B.240 1. All fees collected under the provisions of this chapter must be paid to the secretary-treasurer of the board to be used [for the purpose of defraying] to defray the necessary expenses of the board. The secretary-treasurer shall deposit the fees in qualified banks , credit unions or savings and loan associations in this state.
2. The board may delegate to a hearing officer or panel its authority to take any disciplinary action pursuant to this chapter, impose and collect civil penalties therefor and deposit the money therefrom in banks , credit unions or savings and loan associations in this state.
κ1999 Statutes of Nevada, Page 1535 (CHAPTER 354, SB 39)κ
3. If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 2 and the board deposits the money collected from the imposition of civil penalties with the state treasurer for credit to the state general fund, it may present a claim to the state board of examiners for recommendation to the interim finance committee if money is needed to pay attorneys fees or the costs of an investigation, or both.
Sec. 171. NRS 638.1473 is hereby amended to read as follows:
638.1473 1. Except as otherwise provided in subsection 4, all reasonable expenses incurred by the board in carrying out the provisions of this chapter must be paid from the money which it receives. No part of the salaries or expenses of the board may be paid out of the state general fund.
2. Except as otherwise provided in this section, all money collected by the board from the imposition of fines must be deposited with the state treasurer for credit to the state general fund. All other money received by the board must be deposited in qualified banks , credit unions or savings and loan associations in this state and paid out on its order for its expenses.
3. The board may delegate to a hearing officer or panel its authority to take any disciplinary action pursuant to this chapter, impose and collect fines therefor and deposit the money therefrom in banks , credit unions or savings and loan associations in this state.
4. If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 3 and the board deposits the money collected from the imposition of fines with the state treasurer for credit to the state general fund, it may present a claim to the state board of examiners for recommendation to the interim finance committee if money is needed to pay attorneys fees or the costs of an investigation, or both.
Sec. 172. NRS 639.081 is hereby amended to read as follows:
639.081 1. Except as otherwise provided in subsection 3, all money coming into the possession of the board must be kept or deposited by the secretary in banks , credit unions or savings and loan associations in the State of Nevada, or invested in United States treasury bills or notes, to be expended for payment of compensation and expenses of members of the board and for other necessary or proper purposes in the administration of this chapter.
2. The board may delegate to a hearing officer or panel its authority to take any disciplinary action pursuant to this chapter, impose and collect fines therefor and deposit the money therefrom in banks , credit unions or savings and loan associations in this state.
3. If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 2 and the board deposits the money collected from the imposition of fines with the state treasurer for credit to the state general fund, it may present a claim to the state board of examiners for recommendation to the interim finance committee if money is needed to pay attorneys fees or the costs of an investigation, or both.
Sec. 173. NRS 640.070 is hereby amended to read as follows:
640.070 1. All fees collected under this chapter must be deposited by the board in banks , credit unions or savings and loan associations in the State of Nevada.
κ1999 Statutes of Nevada, Page 1536 (CHAPTER 354, SB 39)κ
2. All expenses incident to the operation of this chapter must be paid from the revenue derived therefrom.
3. The board may delegate to a hearing officer or panel its authority to take any disciplinary action pursuant to this chapter and impose and collect administrative fines therefor. If the board so delegates its authority, the board may deposit the money from the fines in banks , credit unions or savings and loan associations in this state for the support of the board. In addition, the hearing officer or panel may assess a licensee against whom disciplinary action is taken any costs and fees incurred by the board as a result of the hearing. The money from the reimbursed costs and fees may also be deposited for use by the board.
4. If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 3, the board shall deposit the money collected from the imposition of administrative fines with the state treasurer for credit to the state general fund. The board may present a claim to the state board of examiners for recommendation to the interim finance committee if money is needed to pay attorneys fees or the costs of an investigation, or both.
Sec. 174. NRS 641.380 is hereby amended to read as follows:
641.380 All [moneys] money coming into possession of the board [shall] must be kept or deposited by the secretary-treasurer in banks , credit unions or savings and loan associations in the State of Nevada to be expended for payment of compensation and expenses of board members and for other necessary or proper purposes in the administration of this chapter.
Sec. 175. NRS 641A.300 is hereby amended to read as follows:
641A.300 All [moneys] money coming into possession of the board [shall] must be kept or deposited by the secretary-treasurer in banks , credit unions or savings and loan associations in the State of Nevada to be expended for payment of compensation and expenses of board members and for other necessary or proper purposes in the administration of this chapter.
Sec. 176. NRS 641B.150 is hereby amended to read as follows:
641B.150 1. Except as otherwise provided in subsection 4, all reasonable expenses incurred by the board in carrying out the provisions of this chapter must be paid from the money which it receives. No part of the salaries or expenses of the board may be paid out of the state general fund.
2. All money received by the board must be deposited in qualified banks , credit unions or savings and loan associations in this state and paid out on its order for its expenses.
3. The board may delegate to a hearing officer or panel its authority to take any disciplinary action pursuant to this chapter, impose and collect fines and penalties therefor and deposit the money therefrom in banks , credit unions or savings and loan associations in this state.
4. If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 3 and the board deposits the money collected from the imposition of fines with the state treasurer for credit to the state general fund, it may present a claim to the state board of examiners for recommendation to the interim finance committee if money is needed to pay attorneys fees or the costs of an investigation, or both.
κ1999 Statutes of Nevada, Page 1537 (CHAPTER 354, SB 39)κ
Sec. 177. NRS 642.070 is hereby amended to read as follows:
642.070 All fees collected under the provisions of this chapter shall be paid to the treasurer of the board to be used [for the purpose of defraying] to defray the necessary expenses of the board. The treasurer shall deposit the fees in banks , credit unions or savings and loan associations in the State of Nevada.
Sec. 178. NRS 642.075 is hereby amended to read as follows:
642.075 1. Except as otherwise provided in subsection 4, all reasonable expenses incurred by the board in carrying out the provisions of this chapter must be paid from the money which it receives. No part of the salaries or expenses of the board may be paid out of the state general fund.
2. Except as otherwise provided in this section, all money collected by the board from the imposition of fines must be deposited with the state treasurer for credit to the state general fund. All other money received by the board must be deposited in qualified banks , credit unions or savings and loan associations in this state and paid out on its order for its expenses.
3. The board may delegate to a hearing officer or panel its authority to take any disciplinary action pursuant to this chapter, impose and collect fines therefor and deposit the money therefrom in banks , credit unions or savings and loan associations in this state.
4. If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 3 and the board deposits the money collected from the imposition of fines with the state treasurer for credit to the state general fund, it may present a claim to the state board of examiners for recommendation to the interim finance committee if money is needed to pay attorneys fees or the costs of an investigation, or both.
Sec. 179. NRS 643.060 is hereby amended to read as follows:
643.060 1. Except as otherwise provided in subsection 3, money received by the board under this chapter must be paid to the secretary‑treasurer of the board, who shall deposit [it] the money in banks , credit unions or savings and loan associations in the State of Nevada and give a receipt for it.
2. The money must be expended in accordance with the provisions of this chapter for all necessary and proper expenses in carrying out the provisions of this chapter and upon proper claims approved by the board.
3. The board shall deposit the money collected from the imposition of fines with the state treasurer for credit to the state general fund, and may present a claim to the state board of examiners for recommendation to the interim finance committee if money is needed to pay an attorneys fees or the costs of an investigation, or both.
Sec. 180. NRS 644.170 is hereby amended to read as follows:
644.170 1. All fees collected on behalf of the board and all receipts of every kind and nature must be reported at the beginning of each month, for the month preceding, to the board. At the same time , the entire amount of collections, except as otherwise provided in subsection 5, must be paid to the treasurer of the board, who shall deposit them in banks , credit unions or savings and loan associations in the State of Nevada.
κ1999 Statutes of Nevada, Page 1538 (CHAPTER 354, SB 39)κ
2. The receipts must be for the uses of the board and out of them must be paid all salaries and all other expenses necessarily incurred in carrying into effect the provisions of this chapter.
3. All orders for payment of money must be drawn on the treasurer of the board and countersigned by the president and the secretary of the board.
4. The board may delegate to a hearing officer or panel its authority to take any disciplinary action pursuant to this chapter, impose and collect fines therefor and deposit the money therefrom in banks , credit unions or savings and loan associations in this state.
5. If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 4 and the board deposits the money collected from the imposition of fines with the state treasurer for credit to the state general fund, it may present a claim to the state board of examiners for recommendation to the interim finance committee if money is needed to pay attorneys fees or the costs of an investigation, or both.
Sec. 181. NRS 645.310 is hereby amended to read as follows:
645.310 1. All deposits accepted by every real estate broker or person registered as an owner-developer pursuant to this chapter, which are retained by him pending consummation or termination of the transaction involved, must be accounted for in the full amount at the time of the consummation or termination.
2. Every real estate salesman or broker-salesman who receives any money on behalf of a broker or owner-developer shall pay over the money promptly to the real estate broker or owner-developer.
3. A real estate broker shall not commingle the money or other property of his client with his own.
4. If a real estate broker receives money, as a broker, which belongs to others, he shall promptly deposit the money in a separate checking account located in a bank or credit union in this state which must be designated a trust account. All down payments, earnest money deposits, rents, or other money which he receives, on behalf of his client or any other person, must be deposited in the account unless all persons who have any interest in the money have agreed otherwise in writing. A real estate broker may pay to any seller or the sellers authorized agent the whole or any portion of such special deposit. The real estate broker is personally responsible and liable for such deposit at all times. A real estate broker shall not permit any advance payment of money belonging to others to be deposited in the real estate brokers business or personal account or to be commingled with any money he may have on deposit.
5. Every real estate broker required to maintain a separate trust account shall keep records of all money deposited therein. The records must clearly indicate the date and from whom he received money, the date deposited, the dates of withdrawals, and other pertinent information concerning the transaction, and must show clearly for whose account the money is deposited and to whom the money belongs. The real estate broker shall balance each separate trust account at least monthly. The real estate broker shall provide to the division, on a form provided by the division, an annual accounting which shows an annual reconciliation of each separate trust account. All such records and money are subject to inspection and audit by the division and its authorized representatives.
κ1999 Statutes of Nevada, Page 1539 (CHAPTER 354, SB 39)κ
authorized representatives. All such separate trust accounts must designate the real estate broker as trustee and provide for withdrawal of money without previous notice.
6. Each real estate broker shall notify the division of the names of the banks and credit unions in which he maintains trust accounts and specify the names of the accounts on forms provided by the division.
7. If a real estate broker who has money in a trust account dies or becomes mentally disabled, the division, upon application to the district court, may have a trustee appointed to administer and distribute the money in the account with the approval of the court. The trustee may serve without posting a bond.
Sec. 182. NRS 645.606 is hereby amended to read as follows:
645.606 1. As used in NRS 645.606 to 645.609, inclusive, qualified intermediary has the meaning ascribed to it in 26 C.F.R. § 1.1031(k)-1(g).
2. The term includes any person who advertises or holds himself out as prepared to facilitate a tax-deferred exchange of property in this state by acting as the custodian of money or other property.
3. The term does not include a bank , credit union or other depository institution, an escrow company, a title insurer, an agent licensed pursuant to chapter 692A of NRS or its subsidiaries or employees.
Sec. 183. NRS 645A.160 is hereby amended to read as follows:
645A.160 All money deposited in escrow to be delivered upon the close of the escrow or upon any other contingency must be kept separate from money belonging to the escrow agent or agency and must be deposited in a [federally insured] financial institution that is federally insured or insured by a private insurer approved pursuant to NRS 678.755 unless another financial institution has been designated in writing in the instructions for the escrow. The money when deposited must be designated as trust funds or escrow accounts or under some other appropriate name indicating that the money is not the money of the escrow agent or agency.
Sec. 184. NRS 645A.170 is hereby amended to read as follows:
645A.170 1. Money deposited in escrow is not subject to execution or attachment on any claim against the escrow agent or agency.
2. An escrow agent or agency shall not knowingly keep or cause to be kept any money in any bank , credit union or other financial institution under any name designating the money as belonging to the clients of any escrow agent or agency, unless the money was actually entrusted to the agent or agency by the client for deposit in escrow.
Sec. 185. NRS 645B.170 is hereby amended to read as follows:
645B.170 1. All money paid to the mortgage company for payment of taxes or insurance premiums on property which secures any loan made by the mortgage company must be deposited in a bank or credit union and kept separate, distinct and apart from money belonging to the mortgage company. Such money, when deposited, is to be designated as an impound trust account or under some other appropriate name indicating that the accounts are not the money of the mortgage company.
2. The mortgage company has a fiduciary duty to its debtors with respect to the money in its impound trust account.
κ1999 Statutes of Nevada, Page 1540 (CHAPTER 354, SB 39)κ
3. The mortgage company shall, upon reasonable notice, account to any debtor whose property secures a loan made by the mortgage company for any money which that person has paid to the mortgage company for the payment of taxes or insurance premiums on the property in question.
4. The mortgage company shall, upon reasonable notice, account to the commissioner for all money in the companys impound trust account.
5. A mortgage company shall:
(a) Require contributions to an impound trust account in an amount reasonably necessary to pay the obligations as they become due.
(b) Within 30 days after the completion of its annual review of an impound trust account, notify the debtor:
(1) Of the amount by which the contributions exceed the amount reasonably necessary to pay the annual obligations due from the account; and
(2) That he may specify the disposition of the excess money within 20 days after receipt of the notice. If the debtor fails to specify such a disposition within that time, the mortgage company shall maintain the excess money in the account.
This subsection does not prohibit a mortgage company from requiring additional amounts to be paid into an impound trust account to recover a deficiency that exists in the account.
6. A mortgage company shall not make payments from an impound trust account in a manner that causes a policy of insurance to be canceled or causes property taxes or similar payments to become delinquent.
Sec. 186. NRS 645B.180 is hereby amended to read as follows:
645B.180 1. Money in an impound trust account is not subject to execution or attachment on any claim against the mortgage company.
2. It is unlawful for any mortgage company knowingly to keep or cause to be kept any money in any bank or credit union under the heading of impound trust account or any other name designating such money as belonging to the debtors of the mortgage company, except money paid to the mortgage company for the payment of taxes and insurance premiums on property securing loans made by the company, and money held in trust pursuant to NRS 645B.175.
Sec. 187. NRS 649.345 is hereby amended to read as follows:
649.345 1. Each licensed collection agency shall file with the commissioner a written report, signed and sworn to by its manager, no later than January 31 of each year, unless the commissioner determines that there is good cause for later filing of the report. The report must include:
(a) The total sum of money due to all creditors as of the close of the last business day of the preceding month.
(b) The total sum on deposit in customer trust fund accounts and available for immediate distribution as of the close of the last business day of the preceding month, the title of the trust account or accounts, and the name of the [bank or] banks or credit unions where the money is deposited.
(c) The total amount of creditors or forwarders share of money collected more than 60 days before the last business day of the preceding month and not remitted by that date.
(d) When the total sum under paragraph (c) exceeds $10, the name of each creditor or forwarder and the respective share of each in that sum.
κ1999 Statutes of Nevada, Page 1541 (CHAPTER 354, SB 39)κ
(e) Such other information, audit or reports as the commissioner may require.
2. The filing of any report required by this section which is known by the collection agency to contain false information or statements constitutes grounds for the suspension of the agencys license or the managers certificate, or both.
Sec. 188. NRS 649.355 is hereby amended to read as follows:
649.355 1. Every collection agency and collection agent shall openly, fairly and honestly conduct the collection agency business and shall at all times conform to the accepted business ethics and practices of the collection agency business.
2. Every licensee shall at all times maintain a separate [bank] account in a bank or credit union in which must be deposited all money collected. Except as otherwise provided in regulations adopted by the commissioner pursuant to NRS 649.054, the account must be maintained in a bank or credit union located in this state and bear some title sufficient to distinguish it from the licensees personal or general checking account and to designate it as a trust account, such as customers trust fund account. The trust account must at all times contain sufficient money to pay all money due or owing to all customers, and no disbursement may be made from the account except to customers or to pay costs advanced for those customers, except that a licensee may periodically withdraw from the account such money as may accrue to the licensee from collections deposited or from adjustments resulting from costs advanced and payments made directly to customers.
3. Every licensee maintaining a separate custodial or trust account shall keep a record of all money deposited in the account, which must indicate clearly the date and from whom the money was received, the date deposited, the dates of withdrawals and other pertinent information concerning the transaction, and must show clearly for whose account the money is deposited and to whom the money belongs. The money must be remitted to the creditors respectively entitled thereto within 30 days following the end of the month in which payment is received. The records and money are subject to inspection by the commissioner or his authorized representative. The records must be maintained at the premises in this state at which the licensee is authorized to conduct business.
4. If the commissioner finds that a licensees records are not maintained pursuant to subsections 2 and 3, he may require the licensee to deliver an audited financial statement prepared from his records by a certified public accountant who holds a certificate to engage in the practice of public accounting in this state. The statement must be submitted within 60 days after the commissioner requests it. The commissioner may grant a reasonable extension for the submission of the financial statement if an extension is requested before the statement is due.
Sec. 189. NRS 654.120 is hereby amended to read as follows:
654.120 1. The secretary of the board shall receive and account for all money paid to the board pursuant to this chapter. The secretary of the board shall deposit the money in banks , credit unions or savings and loan associations in the State of Nevada.
κ1999 Statutes of Nevada, Page 1542 (CHAPTER 354, SB 39)κ
2. Except as otherwise provided in subsection 5, all money received by the board pursuant to this chapter must be used to:
(a) Pay the per diem and travel expenses of the members of the board.
(b) Pay the salaries and per diem and travel expenses of the employees of the board.
(c) Administer the provisions of this chapter.
3. Any money which remains at the end of the fiscal year must be retained by the board for future disbursement for the purposes enumerated in subsection 2.
4. The board may delegate to a hearing officer or panel its authority to take any disciplinary action pursuant to this chapter, impose and collect fines and penalties therefor and deposit the money therefrom in banks , credit unions or savings and loan associations in this state.
5. If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 4 and the board deposits the money collected from the imposition of fines with the state treasurer for credit to the state general fund, it may present a claim to the state board of examiners for recommendation to the interim finance committee if money is needed to pay attorneys fees or the costs of an investigation, or both.
Sec. 190. NRS 656.230 is hereby amended to read as follows:
656.230 All [moneys] money coming into the possession of the board [shall] must be kept or deposited by the executive secretary of the board in banks , credit unions or savings and loan institutions in the State of Nevada to be expended for payment of compensation and expenses of board members and for other necessary or proper purposes in the administration of this chapter.
Sec. 191. NRS 663.025 is hereby amended to read as follows:
663.025 Whenever any deposit is made in any bank or credit union doing business within this state by any person in trust for another, and no other or further notice of the existence and terms of a legal and valid trust has been given in writing to the bank [,] or credit union, upon the death of the trustee the deposit or any part thereof, together with the dividends or interest thereon, may be paid to the person for whom the deposit was made.
Sec. 192. NRS 663.045 is hereby amended to read as follows:
663.045 Notwithstanding any provision of law of this state or of any political subdivision thereof requiring security for deposits in the form of collateral [,] or surety bond or in any other form, security for such deposits shall not be required to the extent such deposits are insured under the provisions of the Federal Deposit Insurance Act, as now or hereafter amended [.] , or insured by the National Credit Union Share Insurance Fund or by a private insurer approved pursuant to NRS 678.755.
Sec. 193. NRS 663.055 is hereby amended to read as follows:
663.055 Any bank or credit union or officer of any bank or credit union whose authority to transact a banking business has been revoked as provided in this Title [,] or Title 56 of NRS, receiving any deposit of whatever nature after such revocation, shall be subject to the same penalty as provided in this Title or Title 56 of NRS for those who transact a banking business without authority.
κ1999 Statutes of Nevada, Page 1543 (CHAPTER 354, SB 39)κ
Sec. 194. NRS 663.065 is hereby amended to read as follows:
663.065 1. When any deposit is made in a bank or credit union by a minor, the bank or credit union may pay to such depositor such sums as may be due him, and the receipt of such minor to such bank or credit union is valid.
2. A bank or credit union may operate a deposit account in the name of a minor or in the name of two or more persons one or more of whom are minors with the same effect upon its liability as if such minors were of full age.
3. A bank or credit union may lease a safe-deposit box to, and in connection therewith deal with, a minor with the same effect as if leasing to and dealing with a person of full legal capacity.
4. An institution may rent a safe-deposit box or other receptacle for safe deposit of property to, and receive property for safe deposit from, a married minor and spouse, whether adult or minor, jointly.
5. This section does not affect the law governing transactions with minors in cases outside the scope of this section.
Sec. 195. NRS 663.075 is hereby amended to read as follows:
663.075 1. A bank or credit union may arrange for the collection of savings from school children by the principal of the school, by the teachers, or by collectors pursuant to regulations issued by the commissioner and approved, in the case of public schools, by the board of trustees of the school district in which the school is situated. The principal, teacher or person authorized by the bank or credit union to make collections from the school children must be the agent of the bank or credit union to make collections from the school children, and the bank or credit union is liable to the pupil for all deposits made with such principal, teacher or other authorized person to the same extent as if the deposits were made directly with the bank [.] or credit union.
2. The acceptance of deposits in furtherance of a school thrift or savings plan by an officer, employee or agent of a bank or credit union at any school is not the establishment or operation of a branch facility.
Sec. 196. NRS 666A.250 is hereby amended to read as follows:
666A.250 1. Each foreign bank which is licensed to establish and maintain a state branch or agency shall hold in this state currency, bonds, notes, debentures, drafts, bills of exchange or other evidence of indebtedness, including loan participation agreements or certificates, or other obligations payable in the United States or in United States money or, with the prior approval of the commissioner, in money freely convertible into United States money, or such other assets as the commissioner by regulation permits, in an amount which bears such relationship as the commissioner prescribes to liabilities of the foreign bank payable at or through its state branch or agency, including acceptances, but excluding amounts due and other liabilities to other offices, agencies or branches of, and wholly owned, except for a nominal number of directors shares, subsidiaries of, the foreign bank and such other liabilities as the commissioner determines.
2. For the purposes of this section, the commissioner shall value marketable securities at principal amount or market value, whichever is lower, may determine the value of any nonmarketable bond, note, debenture, draft, bill of exchange, other evidence of indebtedness, including agreements for or certificates of participation in loans, or of any other asset or obligation held or owed to the foreign bank or its state branch or agency in this state, and in determining the amount of assets for the purpose of computing the ratio of assets to liabilities, may by regulation exclude in whole or in part any particular asset.
κ1999 Statutes of Nevada, Page 1544 (CHAPTER 354, SB 39)κ
draft, bill of exchange, other evidence of indebtedness, including agreements for or certificates of participation in loans, or of any other asset or obligation held or owed to the foreign bank or its state branch or agency in this state, and in determining the amount of assets for the purpose of computing the ratio of assets to liabilities, may by regulation exclude in whole or in part any particular asset.
3. If, by reason of the existence or the potential occurrence of unusual and extraordinary circumstances, the commissioner deems it necessary or desirable for the maintenance of a sound financial condition, the protection of depositors, creditors and the public interest, and to maintain public confidence in the business of a state branch or agency, he may, subject to such terms and conditions as he may prescribe, require a foreign bank to deposit the assets required to be held in this state pursuant to this section with such Nevada banks or credit unions as he may designate.
4. The assets held to satisfy the relationship of assets to liabilities prescribed by the commissioner pursuant to this section may include obligations of any person for money borrowed from a foreign bank holding a license to establish and maintain a state branch or agency only to the extent that the total of such obligations of any person are not more than 10 percent of the assets considered for purposes of this section.
Sec. 197. NRS 669.220 is hereby amended to read as follows:
669.220 1. A trust company:
(a) Shall keep all trust funds and investments separate from the assets of the trust company, and all investments made by the trust company as a fiduciary must be designated so that the trust or estate to which the investments belong may be clearly identified.
(b) When it holds trust funds awaiting investment or distribution may deposit or leave those funds on deposit with a state or national bank [.] or credit union. The funds must not be deposited or left with the same corporation depositing them or leaving them on deposit, or with a corporation or association holding or owning a majority of the stock of the trust company making or leaving the deposit, unless that corporation or association first pledges, as security for the deposit, securities eligible for investment by state banks or credit unions which have a market value equal to that of the deposited funds. No security is required with respect to any portion of the deposits that is insured under the provisions of [any] NRS 678.755 or a law of the United States.
(c) When it acts in any capacity under a court trust or private trust, unless the instrument creating the trust provides otherwise, may cause any securities held by it in its representative capacity to be registered in the name of a nominee or nominees of the trust company.
(d) When acting as depositary or custodian for the personal representative of a court trust or private trust, unless the instrument creating the trust provides otherwise, may with the consent of the personal representative of the trust, cause any securities held by it to be registered in the name of a nominee or nominees of the trust company.
2. A trust company is liable for any loss occasioned by the acts of its nominees with respect to securities registered under this section.
κ1999 Statutes of Nevada, Page 1545 (CHAPTER 354, SB 39)κ
3. No corporation or the registrar or transfer agent of the corporation is liable for registering or causing to be registered on the books of the corporation any securities in the name of any nominee of a trust company or for transferring or causing to be transferred on the books of the corporation any securities registered by the corporation in the name of any nominee of a trust company when the transfer is made on the authorization of the nominee.
4. Except as otherwise provided in subsection 5, the assets forming the capital of a trust company must:
(a) Be governmental obligations or insured deposits that mature within 3 years after acquisition.
(b) Have an aggregate market value that equals or exceeds 60 percent of the companys current stockholders equity or 60 percent of the companys initial stockholders equity, whichever is greater.
5. A trust company may purchase or rent land and equipment for use in the daily activities of the trust company.
Sec. 198. NRS 670.040 is hereby amended to read as follows:
670.040 Financial institution means any banking corporation , credit union or trust company, savings and loan association, insurance company or related corporation, partnership, foundation or other institution engaged primarily in lending or investing [funds.] money.
Sec. 199. NRS 670A.040 is hereby amended to read as follows:
670A.040 Financial institution means any banking corporation , credit union or trust company, savings and loan association, insurance company or related corporation, partnership, foundation or other institution engaged primarily in lending or investing money.
Sec. 200. NRS 671.110 is hereby amended to read as follows:
671.110 1. In lieu of any surety bond, or any portion of the principal sum thereof as required by this chapter, a licensee may deposit with the state treasurer or with any bank , credit union or trust company authorized to do business in this state as the licensee may select, with the approval of the commissioner:
(a) Interest-bearing stocks;
(b) Bills, bonds, notes, debentures or other obligations of the United States or any agency or instrumentality thereof, or guaranteed by the United States; or
(c) Any obligation of this state or any city, county, town, township, school district or other instrumentality of this state or guaranteed by this state,
in an aggregate amount of, based upon principal amount or market value, whichever is lower, of not less than the amount of the required surety bond or portion thereof.
2. The securities must be held to secure the same obligation as would the surety bond, but the depositor may receive any interest or dividends and, with the approval of the commissioner, substitute other suitable securities for those deposited.
Sec. 201. NRS 671.150 is hereby amended to read as follows:
671.150 1. All money or credits received by an agent of a licensee from the sale and issuance of checks or for the purpose of transmission must be remitted to the licensee or deposited with a bank or credit union authorized to do business in this state for credit to an account of the licensee not later than the third business day following its receipt.
κ1999 Statutes of Nevada, Page 1546 (CHAPTER 354, SB 39)κ
authorized to do business in this state for credit to an account of the licensee not later than the third business day following its receipt.
2. Money received from the sale or issuance of checks or for the purpose of transmission must not be commingled with the other assets of the licensee or his agents.
3. If a license is suspended or terminated, the licensee shall immediately deposit in an account in the name of the commissioner, an amount which is sufficient to make the total money in the account equal to all outstanding checks in the State of Nevada sold or issued and money or credits received but not transmitted.
4. Each licensee shall at all times maintain liquid assets, government or municipal securities or other marketable securities having a value, computed in accordance with generally accepted accounting principles, equal to or more than the aggregate liability of the licensee with respect to checks sold and issued and money or credits received for transmission.
Sec. 202. NRS 681A.460 is hereby amended to read as follows:
681A.460 1. A transaction between a broker for reinsurance and the insurer he represents may only be entered into by written agreement. The agreement must specify the responsibilities of each party.
2. The insurer may terminate the authority of the broker for reinsurance at any time.
3. The broker for reinsurance shall:
(a) Render accounts to the insurer accurately detailing all material transactions, including information necessary to support all commissions, charges and other fees received by or owing to the broker for reinsurance; and
(b) Remit all money due to the insurer within 30 days after receipt.
4. All money collected for the account of the insurer must be held by the broker for reinsurance in a fiduciary capacity in a bank or credit union which is a qualified financial institution.
5. The broker for reinsurance shall comply with the written standards established by the insurer for the cession or retrocession of all risks.
6. The broker for reinsurance shall disclose to the insurer any relationship with any reinsurer to which insurance will be ceded or retroceded.
Sec. 203. NRS 681A.490 is hereby amended to read as follows:
681A.490 1. Transactions between a manager for reinsurance and the reinsurer he represents must only be entered into pursuant to a written contract which specifies the responsibilities of each party and is approved by the board of directors of the reinsurer. At least 30 days before a reinsurer assumes or cedes insurance, a copy of the contract must be filed with the commissioner for approval.
2. The reinsurer may terminate the contract for cause upon written notice to the manager for reinsurance and the reinsurer may suspend the authority of the manager for reinsurance to assume or cede insurance during the pendency of any dispute regarding the cause for termination.
3. The manager for reinsurance shall:
κ1999 Statutes of Nevada, Page 1547 (CHAPTER 354, SB 39)κ
(a) Render accounts to the reinsurer accurately detailing all material transactions, including information necessary to support all commissions, charges and other fees received by or owing to him; and
(b) Remit all money due pursuant to the contract to the reinsurer monthly.
4. All money collected for the account of the reinsurer must be held by the manager for reinsurance, in a fiduciary capacity, in a bank or credit union which is a qualified financial institution. The manager for reinsurance may retain no more than the total of 3 months estimated payments on claims and allocated expenses of adjusting losses. The manager for reinsurance shall maintain a separate [bank] account in a bank or credit union for each reinsurer that he represents.
5. The contract must not be assigned in whole or in part by the manager for reinsurance.
Sec. 204. NRS 681B.010 is hereby amended to read as follows:
681B.010 In any determination of the financial condition of an insurer, there must be allowed as assets only such assets as are owned by the insurer and which consist of:
1. Cash in the possession of the insurer, or in transit under its control, and including the true balance of any deposit in a solvent bank , credit union or trust company.
2. Investments, securities, properties and loans acquired or held in accordance with this code, and in connection therewith the following items:
(a) Interest due or accrued on any bond or evidence of indebtedness which is not in default and which is not valued on a basis including accrued interest.
(b) Declared and unpaid dividends on stock and shares, unless such amount has otherwise been allowed as an asset.
(c) Interest due or accrued upon a collateral loan in an amount not to exceed 1 years interest thereon.
(d) Interest due or accrued on deposits in solvent banks , credit unions and trust companies, and interest due or accrued on other assets, if such interest is, in the judgment of the commissioner, a collectible asset.
(e) Interest due or accrued on a mortgage loan, in an amount not exceeding in any event the amount, if any, of the excess of the value of the property less delinquent taxes thereon over the unpaid principal; but in no event may interest accrued for a period in excess of 18 months be allowed as an asset.
(f) Rent due or accrued on real property if such rent is not in arrears for more than 3 months, and rent more than 3 months in arrears if the payment of such rent is adequately secured by property held in the name of the tenant and conveyed to the insurer as collateral.
(g) The unaccrued portion of taxes paid before the due date on real property.
3. Premium notes, policy loans and other policy assets and liens on policies and certificates of life insurance and annuity contracts and accrued interest thereon, in an amount not exceeding the legal reserve and other policy liabilities carried on each individual policy.
4. The net amount of uncollected and deferred premiums and annuity considerations in the case of a life insurer.
κ1999 Statutes of Nevada, Page 1548 (CHAPTER 354, SB 39)κ
5. Premiums in the course of collection, other than for life insurance, not more than 3 months past due, less commissions payable thereon. The foregoing limitation does not apply to premiums payable directly or indirectly by the United States Government or by any of its instrumentalities.
6. Installment premiums other than life insurance premiums to the extent of the unearned premium reserve carried on the policy to which premiums apply.
7. Notes and like written obligations not past due, taken for premiums other than life insurance premiums, on policies permitted to be issued on such basis, to the extent of the unearned premium reserves carried thereon.
8. The full amount of reinsurance recoverable by a ceding insurer from a solvent reinsurer, which reinsurance is authorized under NRS 681A.110.
9. Amounts receivable by an assuming insurer representing [funds] money withheld by a solvent ceding insurer under a reinsurance treaty.
10. Deposits or equities recoverable from underwriting associations, syndicates and reinsurance funds, or from any suspended [banking] financial institution, to the extent deemed by the commissioner available for the payment of losses and claims and at values to be determined by him.
11. All such assets, whether or not consistent with the provisions of this section, as may be allowed pursuant to the annual statement form approved by the commissioner for the kinds of insurance to be reported upon therein.
12. As to a title insurer, its title plant and equipment reasonably necessary for the conduct of its abstract or title insurance business, at not to exceed the cost thereof.
13. Electronic and mechanical machines and related equipment constituting a data processing, recordkeeping or accounting system or systems if the cost of each such system is at least $25,000, which cost must be amortized in full over a period not to exceed 10 years. The aggregate amount invested in all such systems must not exceed 5 percent of the insurers assets.
14. Other assets, not inconsistent with the provisions of this section, deemed by the commissioner to be available for the payment of losses and claims at values to be determined by him.
Sec. 205. NRS 682A.190 is hereby amended to read as follows:
682A.190 An insurer may invest in share or savings accounts of credit unions or savings and loan associations, or in savings accounts of banks, and in any one such institution only to the extent that the investment is insured by the Federal Deposit Insurance Corporation [.] , the National Credit Union Share Insurance Fund or a private insurer approved pursuant to NRS 678.755.
Sec. 206. NRS 682B.050 is hereby amended to read as follows:
682B.050 1. In lieu of a deposit made as provided in NRS 682B.040, the commissioner in his discretion may, upon written request of the insurer and where of greater convenience to the insurer, permit such deposit to be made with and held by the trust department of an established bank or credit union located in Nevada if both the bank or credit union and the custodial arrangements are approved by the commissioner . [for the purpose, and under custodial arrangements likewise approved by him.]
κ1999 Statutes of Nevada, Page 1549 (CHAPTER 354, SB 39)κ
2. All such custodial arrangements shall comply in substance with the requirements of this code as to like deposits through the commissioner, as to amount, purposes, maintenance, replenishment, release and withdrawal, and as to the rights of the insurer therein.
3. The cost of any such custodianship shall be borne by the insurer. The State of Nevada shall have no responsibility for the safekeeping of any such deposit.
4. The commissioner may at any time, in his discretion, terminate any such custodial arrangement and require the deposit represented thereby to be made as otherwise provided for under NRS 682B.010 to 682B.120, inclusive.
Sec. 207. NRS 682B.130 is hereby amended to read as follows:
682B.130 1. An alien insurer may use Nevada as a state of entry to transact insurance in the United States of America by making and maintaining in this state a deposit of assets in trust with a bank , credit union or trust company approved by the commissioner.
2. The deposit, together with other trust deposits of the insurer held in the United States of America for the same purpose, [shall] must be in an amount not less than as required of an alien insurer under NRS 680A.140 , [(] deposit requirement in general , [), and shall] and must consist of United States [cash funds,] money, public obligations of the government or states or political subdivisions of the United States of America, and obligations of corporations and institutions in the United States of America, all as eligible for the investment of [funds] money of domestic insurers under NRS 682A.060, 682A.070 and 682A.080.
3. Such a deposit may be referred to as trusteed assets.
Sec. 208. NRS 683A.0877 is hereby amended to read as follows:
683A.0877 1. All insurance charges and premiums collected by an administrator on behalf of an insurer and return premiums received from an insurer are held by the administrator in a fiduciary capacity.
2. Money shall be remitted within 15 days to the person or persons entitled to it, or shall be deposited within 15 days in a fiduciary [bank] account established and maintained by the administrator within the state [.] in a bank or credit union.
3. If charges or premiums deposited in an account have been collected on behalf of more than one insurer, the administrator shall cause the bank or credit union in which the account is maintained to record clearly the deposits and withdrawals from the account on behalf of each insurer.
4. The administrator shall promptly obtain and keep copies of all [bank] account records and shall furnish any insurer with copies of the records which pertain to him upon demand of the insurer.
5. The administrator may not pay any claim by withdrawing money from his fiduciary account.
6. Withdrawals shall be made as provided in the agreement between the insurer and the administrator for:
(a) Remittance to the insurer.
(b) Deposit in an account maintained in the name of the insurer.
(c) Transfer to and deposit in an account for the payment of claims.
(d) Payment to a group policyholder for remittance to the insurer entitled to the money.
κ1999 Statutes of Nevada, Page 1550 (CHAPTER 354, SB 39)κ
(e) Payment to the administrator of his commission, fees or charges.
(f) Remittance of return premiums to persons entitled to them.
Sec. 209. NRS 683A.400 is hereby amended to read as follows:
683A.400 1. All [funds] money of others received by any person in any way licensed or acting as an insurance agent, broker, solicitor, surplus lines broker, motor club agent or bail agent under any insurance policy or undertaking of bail, are received and held by [such] the person in a fiduciary capacity. Any such person who diverts or appropriates such fiduciary [funds] money to his own use is guilty of embezzlement.
2. Each such person who does not make immediate remittance of [such funds] the money to the insurer or other person entitled thereto, shall elect and follow with respect to [funds] money received for the account of a particular insurer or person either of the following methods:
(a) Remit received premiums, less applicable commissions, if any, and return premiums to the insurer or other person entitled thereto within 15 days after [such] receipt; or
(b) Establish and maintain in a commercial bank , credit union or other established financial institution depositary in this state one or more accounts, separate from accounts holding his general personal, firm or corporate [funds,] money, and forthwith deposit and retain [therein] in the accounts pending transmittal to the insurer or other person entitled thereto, all such premiums, net of applicable commissions, if any, and return premiums. [Funds] Money belonging to more than one principal may be so deposited and held in the same such account if the amount so held for each [such] principal is readily ascertainable from the records of the depositor. The depositor may commingle with such fiduciary [funds] money in a particular account such additional [funds] money as he may deem prudent to advance premiums, establish reserves for the payment of return commissions, or for other contingencies arising in his business of receiving and transmitting premiums or return premiums.
3. Such a person may commingle with his own [funds] money to an unlimited amount [funds] money of a particular principal if the principal in writing in advance has specifically waived the segregation requirements of subsection 2.
4. Any commingling of [funds with funds] money with money of any such person permitted under this section does not alter the fiduciary capacity of such person with respect to the [funds] money of others.
Sec. 210. NRS 689.145 is hereby amended to read as follows:
689.145 Trustee means [any] :
1. A state or national bank [,] ;
2. A trust company [or] ;
3. A federally insured savings and loan association [,] ; or
4. A credit union insured by the National Credit Union Share Insurance Fund or by a private insurer approved pursuant to NRS 678.755,
authorized to transact such business in the State of Nevada and designated as the trustee of the trust fund in a prepaid contract.
κ1999 Statutes of Nevada, Page 1551 (CHAPTER 354, SB 39)κ
Sec. 211. NRS 689.325 is hereby amended to read as follows:
689.325 1. Not more than 75 percent of the earnings of such investments, including capital gains, as they accrue and are received, may be disbursed by the trustee to the seller or his designee. The remainder of any earnings must be held by the trustee to establish a reserve for securities valuation until the reserve equals 25 percent of the total trust liabilities.
2. The trustee shall maintain in the trust fund an amount of money equal to 125 percent of the total trust liabilities.
3. If money in the trust fund is invested or reinvested in:
(a) Securities which are issued or guaranteed by the United States of America;
(b) Bonds of this state or the bonds of any other state;
(c) Bonds of counties or municipalities of any state;
(d) [Bank deposits] Deposits in any [federally insured] bank , credit union or savings and loan association [;] that is federally insured or insured by a private insurer approved pursuant to NRS 678.755; or
(e) With the written approval of the commissioner, any investment which would have guaranteed liquidity,
then no earnings of those investments, including capital gains, if any, as such earnings accrue and are received, may be disbursed by the trustee to the seller or his designee which would reduce the corpus of the trust fund below 100 percent of the required value of the trust. Earnings in excess of 100 percent of the required value of the trust or 125 percent of the total trust liability, whichever is appropriate, may be distributed annually.
4. Earnings are defined as any sum remaining in the trust fund after deducting costs of administration over and above 100 percent of the required value of the trust.
5. Every trustee handling money in a trust fund pursuant to NRS 689.150 to 689.375, inclusive, shall file with the commissioner, within 15 days after the first day of each calendar quarter, a financial statement showing the activity of all trusts required to be maintained by any seller and the total market value of each trust as of the first day of the calendar quarter. The statement must be on forms prescribed and adopted by the commissioner. Every quarterly report must be accompanied by a fee of $10. If the statement is not received by the commissioner as required, he may, after giving the seller 10 days written notice, revoke the sellers certificate of authority.
6. The trust must be valued quarterly and averaged annually to determine the total value of the trust. If the average market value as of December 31 of each year is below 100 percent of the required value of the trust or 125 percent of the total trust liability, the commissioner may suspend the sellers certificate of authority until the deficiency is made up.
Sec. 212. NRS 689.565 is hereby amended to read as follows:
689.565 1. Not more than 60 percent of the earnings of such investments, including capital gains, as they accrue and are received, may be disbursed by the trustee to the seller or his designee. The remainder of any earnings must be held by the trustee to establish a reserve for securities valuation until the reserve equals 40 percent of the total trust liabilities.
2. The trustee shall maintain in the trust fund an amount of money equal to 125 percent of the total trust liabilities.
κ1999 Statutes of Nevada, Page 1552 (CHAPTER 354, SB 39)κ
3. If money in the trust fund is invested or reinvested in:
(a) Securities which are issued or guaranteed by the United States of America;
(b) Bonds of this state or the bonds of any other state;
(c) Bonds of counties or municipalities of any state;
(d) [Bank deposits] Deposits in any [federally insured] bank , credit union or savings and loan association [;] that is federally insured or insured by a private insurer approved pursuant to NRS 678.755; or
(e) With the written approval of the commissioner, any investment which has guaranteed liquidity,
then no earnings of those investments, including capital gains, if any, as such earnings accrue and are received, may be disbursed by the trustee to the seller or his designee which would reduce the corpus of the trust fund below 100 percent of the required value of the trust. Earnings in excess of 100 percent of the required value of the trust or 125 percent of the total trust liability, whichever is appropriate, may be distributed annually.
4. Earnings are defined as any sum remaining in the trust fund after deducting costs of administration over and above 100 percent of the required value of the trust.
5. Every trustee handling money in a trust fund pursuant to NRS 689.450 to 689.595, inclusive, shall file with the commissioner, within 15 days after the first day of each calendar quarter, a financial statement showing the activity of all trusts required to be maintained by any seller and the total market value of each trust as of the first day of the calendar quarter. The statement for the fourth quarter must be a summary of all transactions involving the account. The statement must be on forms prescribed and adopted by the commissioner. Every quarterly report must be accompanied by a fee of $10. If the statement is not received by the commissioner as required, he may, after giving the seller 10 days written notice, revoke the sellers permit.
6. The trust must be valued quarterly and averaged annually to determine the total value of the trust. If the average market value of the trust as of December 31 of each year is below 100 percent of the required value of the trust or 125 percent of the total trust liability, the commissioner may suspend the sellers permit until the deficiency is made up.
Sec. 213. NRS 692A.250 is hereby amended to read as follows:
692A.250 1. Money deposited in escrow is not subject to execution or attachment on any claim against the title insurer, title agent or escrow officer.
2. A title insurer, title agent or escrow officer shall not knowingly keep or cause to be kept any money in any bank , credit union or other financial institution under any name designating the money as belonging to his clients or those of another such person unless the money was actually entrusted to him for deposit in escrow.
3. All money deposited in escrow to be delivered upon the close of the escrow or upon any other contingency must be kept separate from money belonging to the title insurer, title agent or escrow officer and must be deposited in a [federally insured] financial institution that is federally insured or insured by a private insurer approved pursuant to NRS 678.755 unless another financial institution has been designated in writing in the instructions for the escrow.
κ1999 Statutes of Nevada, Page 1553 (CHAPTER 354, SB 39)κ
instructions for the escrow. The money when deposited must be designated as trust funds or escrow accounts or under some other appropriate name indicating that the money is not the money of the title insurer, title agent or escrow officer.
4. The commissioner shall adopt regulations defining the term commingling for the purposes of this chapter and prescribing acceptable business practices for title agents and escrow officers for handling money deposited in escrow.
Sec. 214. NRS 692B.170 is hereby amended to read as follows:
692B.170 1. The holder of the solicitation permit shall promptly deposit all [funds] money, [(] except as provided in paragraph (a) of subsection 2 , [)] received from an offering of securities in this state pursuant to the permit, other than advance premiums for insurance which are subject to NRS 692B.230, in escrow in a bank , credit union or trust company located in this state and under an agreement consistent with this chapter filed with and approved by the commissioner.
2. No part of [such funds shall] the money may be withdrawn from [such] the deposit, except:
(a) For payment of organization, sales and promotion expenses as earned and as authorized by the permit, and [funds] money for such purposes, up to the applicable expense limit on [funds] money as received, may be withheld from the deposit;
(b) For the purpose of making any deposit with the commissioner required for the issuance of a certificate of authority to an insurer, or if the organization is not, or is not to be, an insurer, upon completion of payments on securities subscriptions made under the permit and deposit or appropriation of such [funds] money to the purposes specified in the permit; or
(c) For the making of refunds as provided in NRS [692B.180.
3. Funds] 692B.240.
3. Money while so held in escrow may be invested in certificates of deposit or savings accounts. Interest accruing thereon [shall become] becomes part of the [funds] money released as provided in paragraph (b) of subsection 2, or [shall] must be applied toward the cost of making refunds under paragraph (c) of subsection 2, or to supplement the bond or deposit in lieu thereof if the [same] bond or deposit is called on pursuant to NRS 692B.150.
4. When the commissioner has issued a certificate of authority to a proposed insurer he shall release to the insurer any [such funds] the money remaining in escrow for its account.
5. The commissioner may in his discretion waive compliance with this section as to [funds] money to be received under a subsequent financing permit pursuant to NRS 692B.260, or in other circumstances where he deems such an escrow to be unnecessary for the protection of investors or the public.
Sec. 215. NRS 692B.230 is hereby amended to read as follows:
692B.230 1. All sums collected by a domestic mutual corporation as premiums or fees on qualifying applications for insurance therein [shall] must be deposited in escrow with a bank , credit union or trust company located in this state under a written agreement filed with and approved by the commissioner.
κ1999 Statutes of Nevada, Page 1554 (CHAPTER 354, SB 39)κ
located in this state under a written agreement filed with and approved by the commissioner. [Terms] The terms of such an agreement [shall] must be consistent with those of the solicitation permit and of the applicable provisions of this section and NRS 692B.250.
2. Upon issuance to the corporation of a certificate of authority as an insurer for the kind of insurance for which such applications were solicited, all [funds] money so held in escrow [shall become the funds] becomes the money of the insurer. Until the certificate of authority is issued, [such funds shall remain] the money remains the property of the applicants for insurance as respectively entitled thereto.
Sec. 216. NRS 695D.250 is hereby amended to read as follows:
695D.250 1. An organization for dental care shall set aside a reserve equal to 3 percent of the premiums collected from its members up to a total of $500,000. This reserve is in addition to the bond or deposit filed with the commissioner.
2. This section does not apply to organizations receiving money from federal, state or municipal governments or their political subdivisions or another comparable resource which have had their deposit or bond reduced by the commissioner.
3. Every organization shall maintain the reserves required by NRS 681B.080, unless a larger amount is required by subsection 1 of this section.
4. The reserve required by subsection 1 is held by the organization in a fiduciary capacity. The organization must deposit the reserve in an interest-bearing trust account established in a [federally insured] bank, credit union or savings and loan association in this state [.] that is federally insured or insured by a private insurer approved pursuant to NRS 678.755. The account must be separate from all other accounts maintained by the organization.
5. Any person who diverts or appropriates reserves held in a fiduciary capacity pursuant to this section for his own use is guilty of embezzlement.
6. The commissioner may adopt reasonable regulations related to the adequacy of a reserve required by this section and the establishment and maintenance of a trust account pursuant to this section.
Sec. 217. NRS 695F.190 is hereby amended to read as follows:
695F.190 1. A prepaid limited health service organization shall set aside a reserve equal to 3 percent of the premiums collected from its enrollees in an amount not to exceed $500,000. The reserve is in addition to the bond or deposit filed with the commissioner.
2. The reserve:
(a) Must be deposited in a trust account in a [federally insured] financial institution which is located in this state [.] and which is federally insured or insured by a private insurer approved pursuant to NRS 678.755. The income earned on money in the account must be paid to the organization and used for its operations.
(b) Is in addition to the reserve established by the organization according to good business and accounting practices for incurred but unreported claims and other similar claims.
κ1999 Statutes of Nevada, Page 1555 (CHAPTER 354, SB 39)κ
Sec. 218. NRS 696B.360 is hereby amended to read as follows:
696B.360 1. The [moneys] money collected by the commissioner in a proceeding under this chapter [shall] must be from time to time deposited in one or more state or national banks, savings banks , credit unions or trust companies, and in the case of the insolvency or voluntary or involuntary liquidation of any such depositary which is an institution organized and supervised under the laws of this state, such deposits [shall be] are entitled to priority of payment on an equality with any other priority given by the banking laws of this state.
2. The commissioner may in his discretion deposit [such moneys] the money or any part thereof in a national bank , credit union or trust company as a trust fund.
Sec. 219. NRS 706.3058 is hereby amended to read as follows:
706.3058 For the purposes of NRS 706.3056, the department may accept from the operator of a taxicab any one of the following forms of security, or any combination thereof:
1. A time certificate of deposit with any bank or credit union licensed or chartered by this state or the Federal Government, made payable to the operator and the department.
2. Bonds and securities issued or guaranteed by the Federal Government made payable to the operator and the department.
3. A deposit in an amount required by NRS 706.3056 made with the state treasurer, with the department appointed as trustee of the deposit.
4. A surety bond submitted on behalf of the operator by any surety company authorized to transact business in this state.
5. Any other form of security, including the net worth of the operator, which is acceptable to the department.
Sec. 220. Section 50 of Assembly Bill No. 584 of this session is hereby amended to read as follows:
Sec. 50. NRS 360.510 is hereby amended to read as follows:
360.510 1. If any person is delinquent in the payment of any tax or fee administered by the department or if a determination has been made against him which remains unpaid, the department may:
(a) Not later than 3 years after the payment became delinquent or the determination became final; or
(b) Not later than 5 years after the last recording of an abstract of judgment or of a certificate constituting a lien for tax owed,
give a notice of the delinquency and a demand to transmit personally or by registered or certified mail to any person, including, without limitation, any officer or department of [the] this state or any political subdivision or agency of [the] this state, who has in his possession or under his control any credits or other personal property belonging to the delinquent, or owing any debts to the delinquent or person against whom a determination has been made which remains unpaid, or owing any debts to the delinquent or that person. In the case of any state officer, department or agency, the notice must be given to the officer, department or agency before [it] the department presents the claim of the delinquent taxpayer to the state controller.
κ1999 Statutes of Nevada, Page 1556 (CHAPTER 354, SB 39)κ
2. A state officer, department or agency which receives such a notice may satisfy any debt owed to it by that person before it honors the [departments notice.] notice of the department.
3. After receiving the demand to transmit, the [persons so] person notified by the demand may not transfer or otherwise dispose of the credits, other personal property, or debts in [their] his possession or under [their] his control at the time [they] he received the notice until the department consents to a transfer or other disposition.
4. [All persons so] Every person notified by a demand to transmit shall, within 10 days after receipt of the demand to transmit, inform the department of, and transmit to the department all such credits, other personal property, or debts in [their] his possession, under [their] his control or owing by [them] him within the time and in the manner requested by the department. Except as otherwise provided in subsection 5, no further notice is required to be served to [those persons.] that person.
5. If the property of the delinquent taxpayer consists of a series of payments owed to him, the person who owes or controls the payments shall transmit the payments to the department until otherwise notified by the department. If the debt of the delinquent taxpayer is not paid within 1 year after the department issued the original demand to transmit, [it] the department shall issue another demand to transmit to the person responsible for making the payments informing him to continue to transmit payments to the department or that his duty to transmit the payments to the department has ceased.
6. If the notice of the delinquency seeks to prevent the transfer or other disposition of a deposit in a bank or credit union or other credits or personal property in the possession or under the control of a bank, credit union or other depository institution, the notice must be delivered or mailed to the branch or office of the bank, credit union or other depository institution at which the deposit is carried or at which the credits or personal property is held.
7. If any person [so] notified by the notice of the delinquency makes any transfer or other disposition of the property or debts required to be withheld or transmitted, to the extent of the value of the property or the amount of the debts thus transferred or paid, he is liable to the state for any indebtedness due pursuant to [NRS 482.313,] this chapter , or chapter 362, 364A, [365,] 369, 370, 372, 372A, [373,] 374, 377, 377A [, 444A, 585, 590] or 444A of NRS, NRS 482.313, or chapter 585 or 680B of NRS from the person with respect to whose obligation the notice was given if solely by reason of the transfer or other disposition the state is unable to recover the indebtedness of the person with respect to whose obligation the notice was given.
Sec. 221. NRS 678.770 is hereby repealed.
Sec. 222. Sections 76, 77, 90, 150 and 197 of this act become effective at 12:01 a.m. on October 1, 1999.
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κ1999 Statutes of Nevada, Page 1557κ
Senate Bill No. 50Committee on Human Resources and Facilities
CHAPTER 355
AN ACT relating to educational personnel; authorizing the boards of trustees of school districts to prescribe by regulation or negotiate with respect to the payment of unused sick leave to licensed teachers in the form of the purchase of retirement credit; and providing other matters properly relating thereto.
[Approved May 29, 1999]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 391.180 is hereby amended to read as follows:
391.180 1. As used in this section, employee means any employee of a school district or charter school in this state.
2. A school month in any public school in this state consists of 4 weeks of 5 days each.
3. Nothing contained in this section prohibits the payment of employees compensation in 12 equal monthly payments for 9 or more months work.
4. The per diem deduction from the salary of an employee because of absence from service for reasons other than those specified in this section is that proportion of the yearly salary which is determined by the ratio between the duration of the absence and the total number of contracted work days in the year.
5. Boards of trustees shall either prescribe by regulation or negotiate pursuant to chapter 288 of NRS, with respect to sick leave, accumulation of sick leave, payment for unused sick leave, sabbatical leave, personal leave, professional leave, military leave and such other leave as they determine to be necessary or desirable for employees. In addition, boards of trustees may either prescribe by regulation or negotiate pursuant to chapter 288 of NRS with respect to the payment of unused sick leave to licensed teachers in the form of purchase of service pursuant to subsection 3 of NRS 286.300. The amount of service so purchased must not exceed the number of hours of unused sick leave or 1 year, whichever is less.
6. The salary of any employee unavoidably absent because of personal illness or accident, or because of serious illness, accident or death in the family, may be paid up to the number of days of sick leave accumulated by the employee. An employee may not be credited with more than 15 days of sick leave in any 1 school year. Except as otherwise provided in this subsection, if an employee takes a position with another school district or charter school, all sick leave that he has accumulated must be transferred from his former school district or charter school to his new school district or charter school. The amount of sick leave so transferred may not exceed the maximum amount of sick leave which may be carried forward from one year to the next according to the applicable negotiated agreement or the policy of the district or charter school into which the employee transferred. Unless the applicable negotiated agreement or policy of the employing district or charter school provides otherwise, such an employee:
κ1999 Statutes of Nevada, Page 1558 (CHAPTER 355, SB 50)κ
(a) Shall first use the sick leave credited to the employee from the district or charter school into which he transferred before using any of the transferred leave; and
(b) Is not entitled to compensation for any sick leave transferred pursuant to this subsection.
7. Subject to the provisions of subsection 8:
(a) If an intermission of less than 6 days is ordered by the board of trustees of a school district or the governing body of a charter school for any good reason, no deduction of salary may be made therefor.
(b) If, on account of sickness, epidemic or other emergency in the community, a longer intermission is ordered by the board of trustees of a school district, the governing body of a charter school or a board of health and the intermission or closing does not exceed 30 days at any one time, there may be no deduction or discontinuance of salaries.
8. If the board of trustees of a school district or the governing body of a charter school orders an extension of the number of days of school to compensate for the days lost as the result of an intermission because of those reasons contained in paragraph (b) of subsection 7, an employee may be required to render his services to the school district or charter school during that extended period. If the salary of the employee was continued during the period of intermission as provided in subsection 7, the employee is not entitled to additional compensation for services rendered during the extended period.
9. If any subject referred to in this section is included in an agreement or contract negotiated by:
(a) The board of trustees of a school district pursuant to chapter 288 of NRS; or
(b) The governing body of a charter school pursuant to NRS 386.595,
the provisions of the agreement or contract regarding that subject supersede any conflicting provisions of this section or of a regulation of the board of trustees.
Sec. 2. NRS 286.300 is hereby amended to read as follows:
286.300 Except as otherwise required as a result of NRS 286.537:
1. Any member of the system may purchase all previous creditable service performed with his present employing agency if that service was performed before the enrollment of his agency in the system, even if the service is still creditable in some other system where it cannot be canceled. The public employer must certify the inclusive dates of employment and number of hours regularly worked by the member to validate the service. The member must pay the full actuarial cost as determined by the actuary.
2. In addition to the purchase authorized pursuant to the provisions of subsection 1, any member who has 5 years of creditable service may purchase up to 5 years of service. The member must pay the full actuarial cost of the service as determined by an actuary of the system.
3. In addition to the purchase authorized pursuant to the provisions of subsection 1, any member who:
(a) Is a licensed teacher;
(b) Has 5 years of creditable service;