[Rev. 10/24/2013 7:58:11 PM--2013]

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ê2013 Statutes of Nevada, Page 703ê

 

CHAPTER 188, SB 343

Senate Bill No. 343–Senators Goicoechea; Gustavson and Settelmeyer

 

Joint Sponsors: Assemblymen Ellison; Grady and Oscarson

 

CHAPTER 188

 

[Approved: May 27, 2013]

 

AN ACT relating to motor vehicles; allowing certain off-highway vehicles to be registered as motor vehicles intended for use on a highway; requiring the owner of an off-highway vehicle registered as a motor vehicle intended for use on a highway to obtain and maintain insurance on the vehicle; allowing certain off-highway vehicles to be operated on certain county roads under certain circumstances; providing a penalty; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Under existing law, no off-highway vehicle may be registered for highway use or operated on a highway except in limited circumstances. (NRS 490.090, 490.100, 490.110) Any off-highway vehicle that is operated on a highway under these limited circumstances must be registered as an off-highway vehicle and have certain required equipment. (NRS 490.120) Sections 2-5 of this bill allow certain off-highway vehicles that are defined as “large all-terrain vehicles” to be registered as: (1) motor vehicles intended for use on a highway; or (2) off-highway vehicles. Section 5 requires the owner of a large all-terrain vehicle who registers the vehicle as a motor vehicle intended for use on a highway to provide proof that the owner carries insurance on the vehicle which meets the requirements for insurance on motor vehicles in this State generally. Section 12 of this bill provides that the fee for registration of an off-highway vehicle is the same for all off-highway vehicles, regardless of whether the owner of a large all-terrain vehicle chooses to register the vehicle as a motor vehicle intended for use on a highway. Sections 4 and 13 of this bill allow large all-terrain vehicles to be operated on a general county road or minor county road, unless the applicable city or county prohibits such use, provided that such vehicles are registered with the Department of Motor Vehicles for on-road use and have the requisite equipment for on-road use. Section 10 of this bill requires that the registration sticker or decal of a large all-terrain vehicle registered as a motor vehicle intended for use on a highway be distinguishable from the sticker or decal of other off-highway vehicles. Section 14 of this bill provides that operating or knowingly allowing the operation of a large all-terrain vehicle registered as a motor vehicle intended for use on a highway without having the required insurance is punishable as a misdemeanor and the imposition of a fine not to exceed $100.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 484A.650 is hereby amended to read as follows:

      484A.650  Whenever the driver of a vehicle is stopped by a peace officer for violating a provision of chapters 484A to 484E, inclusive, of NRS, except for violating a provision of NRS 484B.440 to 484B.523, inclusive, the officer shall demand proof of the insurance required by NRS 485.185, or section 5 of this act, and issue a citation as provided in NRS 484A.630 if the officer has probable cause to believe that the driver of the vehicle is in violation of NRS 485.187 [.]

 


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ê2013 Statutes of Nevada, Page 704 (Chapter 188, SB 343)ê

 

violation of NRS 485.187 [.] or subsection 4 of NRS 490.520. If the driver of the vehicle is not the owner, a citation must also be issued to the owner, and in such a case the driver:

      1.  May sign the citation on behalf of the owner; and

      2.  Shall notify the owner of the citation within 3 days after it is issued.

Ê The agency which employs the peace officer shall immediately forward a copy of the citation to the registered owner of the vehicle, by certified mail, at his or her address as it appears on the certificate of registration.

      Sec. 2. Chapter 490 of NRS is hereby amended by adding thereto the provisions set forth as sections 3, 4 and 5 of this act.

      Sec. 3. “Large all-terrain vehicle” means any all-terrain vehicle that includes seating capacity for at least two people abreast and:

      1.  Total seating capacity for at least four people; or

      2.  A truck bed.

      Sec. 4. 1.  Except as otherwise provided in subsection 2, a person may operate a large all-terrain vehicle on any portion of a highway that has been designated in accordance with NRS 403.170 as a general county road or minor county road if the large all-terrain vehicle:

      (a) Meets the requirements set forth in NRS 490.120; and

      (b) Is registered by the Department in accordance with section 5 of this act as a motor vehicle intended to be operated upon the highways of this State.

      2.  The governing body of a city or county within which is located a highway or portion of a highway that has been designated in accordance with NRS 403.170 as a general county road or minor county road may by ordinance or resolution prohibit the operation of large all-terrain vehicles on any portion of such a road.

      Sec. 5. 1.  Upon the request of an owner of a large all-terrain vehicle, the Department shall register the large all-terrain vehicle to operate on the roads specified in section 4 of this act.

      2.  The owner of a large all-terrain vehicle wishing to apply for registration or renewal of registration pursuant to this section must obtain and maintain insurance on the vehicle that meets the requirements of NRS 485.185.

      3.  If an owner of a large all-terrain vehicle applies to the Department for the registration of the vehicle pursuant to this section, the owner shall submit to the Department:

      (a) The information required for registration pursuant to NRS 490.082;

      (b) The fee for registration required pursuant to NRS 490.084;

      (c) Proof satisfactory to the Department that the applicant carries insurance on the vehicle provided by an insurance company licensed by the Division of Insurance of the Department of Business and Industry and approved to do business in this State which meets the requirements of NRS 485.185; and

      (d) A declaration signed by the applicant that he or she will maintain the insurance required by this section during the period of registration.

      Sec. 6. NRS 490.010 is hereby amended to read as follows:

      490.010  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 490.020 to 490.062, inclusive, and section 3 of this act have the meanings ascribed to them in those sections.

 


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ê2013 Statutes of Nevada, Page 705 (Chapter 188, SB 343)ê

 

      Sec. 7. NRS 490.060 is hereby amended to read as follows:

      490.060  1.  “Off-highway vehicle” means a motor vehicle that is designed primarily for off-highway and all-terrain use. The term includes, but is not limited to:

      (a) An all-terrain vehicle [;] , including, without limitation, a large all-terrain vehicle without regard to whether that large all-terrain vehicle is registered by the Department in accordance with section 5 of this act as a motor vehicle intended to be operated upon the highways of this State;

      (b) An all-terrain motorcycle;

      (c) A dune buggy;

      (d) A snowmobile; and

      (e) Any motor vehicle used on public lands for the purpose of recreation.

      2.  The term does not include:

      (a) A motor vehicle designed primarily for use in water;

      (b) A motor vehicle that is registered by the Department [;] in accordance with chapter 482 of NRS;

      (c) A low-speed vehicle as defined in NRS 484B.637; or

      (d) Special mobile equipment, as defined in NRS 482.123.

      Sec. 8. NRS 490.070 is hereby amended to read as follows:

      490.070  1.  Upon the request of an off-highway vehicle dealer, the Department may authorize the off-highway vehicle dealer to receive and submit to the Department applications for the:

      (a) Issuance of certificates of title and registration for off-highway vehicles; and

      (b) Renewal of registration for off-highway vehicles.

      2.  An authorized dealer shall:

      (a) Except as otherwise provided in paragraph (b) and subsection 4, submit to the State Treasurer for allocation to the Department or to the Fund all fees collected by the authorized dealer from each applicant and properly account for those fees each month;

      (b) Submit to the State Treasurer for deposit into the Fund all fees charged and collected and required to be deposited in the Fund pursuant to NRS 490.084;

      (c) Comply with the regulations adopted pursuant to subsection 5; and

      (d) Bear any cost of equipment which is required to receive and submit to the Department the applications described in subsection 1, including any computer software or hardware.

      3.  Except as otherwise provided in subsection 4, an authorized dealer is not entitled to receive compensation for the performance of any services pursuant to this section.

      4.  An authorized dealer may charge and collect a fee of not more than $2 for each application for a certificate of title or registration received by the authorized dealer pursuant to this section. An authorized dealer may retain any fee collected by the authorized dealer pursuant to this subsection.

      5.  The Department shall adopt regulations to carry out the provisions of this section. The regulations must include, without limitation, provisions for:

      (a) The expedient and secure issuance of:

             (1) Forms for applying for the issuance of certificates of title for, or registration of, off-highway vehicles;

             (2) Certificates of title and registration by the Department to each applicant whose application is approved by the Department; and

 


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ê2013 Statutes of Nevada, Page 706 (Chapter 188, SB 343)ê

 

             (3) Renewal notices for registrations before the date of expiration of the registrations;

      (b) The renewal of registrations by mail or the Internet;

      (c) The collection of a fee of not less than $20 or more than $30 for the renewal of a registration of an off-highway vehicle [;] pursuant to NRS 490.082 or section 5 of this act;

      (d) The submission by mail or electronic transmission to the Department of an application for:

             (1) The issuance of a certificate of title for, or registration of, an off-highway vehicle; or

             (2) The renewal of registration of an off-highway vehicle;

      (e) The replacement of a lost, damaged or destroyed certificate of title or registration certificate, sticker or decal; and

      (f) The revocation of the authorization granted to a dealer pursuant to subsection 1 if the authorized dealer fails to comply with the regulations.

      Sec. 9. NRS 490.082 is hereby amended to read as follows:

      490.082  1.  An owner of an off-highway vehicle that is acquired:

      (a) Before the effective date of this section:

             (1) May apply for, to the Department by mail or to an authorized dealer, and obtain from the Department, a certificate of title for the off-highway vehicle.

             (2) Except as otherwise provided in subsection 3, shall, within 1 year after the effective date of this section, apply for, to the Department by mail or to an authorized dealer, and obtain from the Department, the registration of the off-highway vehicle.

      (b) On or after the effective date of this section, shall, within 30 days after acquiring ownership of the off-highway vehicle:

             (1) Apply for, to the Department by mail or to an authorized dealer, and obtain from the Department, a certificate of title for the off-highway vehicle.

             (2) Except as otherwise provided in subsection 3, apply for, to the Department by mail or to an authorized dealer, and obtain from the Department, the registration of the off-highway vehicle [.] pursuant to this section or section 5 of this act.

      2.  If an owner of an off-highway vehicle applies to the Department or to an authorized dealer for:

      (a) A certificate of title for the off-highway vehicle, the owner shall submit to the Department or to the authorized dealer proof prescribed by the Department that he or she is the owner of the off-highway vehicle.

      (b) [The] Except as otherwise provided in section 5 of this act, the registration of the off-highway vehicle, the owner shall submit:

             (1) If ownership of the off-highway vehicle was obtained before the effective date of this section, proof prescribed by the Department:

                   (I) That he or she is the owner of the off-highway vehicle; and

                   (II) Of the unique vehicle identification number, serial number or distinguishing number obtained pursuant to NRS 490.0835 for the off-highway vehicle; or

             (2) If ownership of the off-highway vehicle was obtained on or after the effective date of this section:

                   (I) Evidence satisfactory to the Department that he or she has paid all taxes applicable in this State relating to the purchase of the off-highway vehicle, or submit an affidavit indicating that he or she purchased the vehicle through a private party sale and no tax is due relating to the purchase of the off-highway vehicle; and

 


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ê2013 Statutes of Nevada, Page 707 (Chapter 188, SB 343)ê

 

vehicle, or submit an affidavit indicating that he or she purchased the vehicle through a private party sale and no tax is due relating to the purchase of the off-highway vehicle; and

                   (II) Proof prescribed by the Department that he or she is the owner of the off-highway vehicle and of the unique vehicle identification number, serial number or distinguishing number obtained pursuant to NRS 490.0835 for the off-highway vehicle.

      3.  Registration of an off-highway vehicle is not required if the off-highway vehicle:

      (a) Is owned and operated by:

             (1) A federal agency;

             (2) An agency of this State; or

             (3) A county, incorporated city or unincorporated town in this State;

      (b) Is part of the inventory of a dealer of off-highway vehicles;

      (c) Is registered or certified in another state and is located in this State for not more than 60 days;

      (d) Is used solely for husbandry on private land or on public land that is leased to or used under a permit issued to the owner or operator of the off-highway vehicle;

      (e) Is used for work conducted by or at the direction of a public or private utility; or

      (f) Was manufactured before January 1, 1976.

      4.  The registration of an off-highway vehicle pursuant to this section or section 5 of this act expires 1 year after its issuance. If an owner of an off-highway vehicle fails to renew the registration of the off-highway vehicle before it expires, the registration may be reinstated upon the payment to the Department of the annual renewal fee , [and] a late fee of $25 [.] and, if applicable, proof of insurance required pursuant to section 5 of this act. Any late fee collected by the Department must be deposited with the State Treasurer for credit to the Revolving Account for the Administration of Off-Highway Vehicle Titling and Registration created by NRS 490.085.

      5.  If a certificate of title or registration for an off-highway vehicle is lost or destroyed, the owner of the off-highway vehicle may apply to the Department by mail, or to an authorized dealer, for a duplicate certificate of title or registration. The Department may collect a fee to replace a certificate of title or registration certificate, sticker or decal that is lost, damaged or destroyed. Any such fee collected by the Department must be:

      (a) Set forth by the Department by regulation; and

      (b) Deposited with the State Treasurer for credit to the Revolving Account for the Administration of Off-Highway Vehicle Titling and Registration created by NRS 490.085.

      6.  The provisions of subsections 1 to 5, inclusive, do not apply to an owner of an off-highway vehicle who is not a resident of this State.

      Sec. 10. NRS 490.083 is hereby amended to read as follows:

      490.083  1.  Each registration of an off-highway vehicle must:

      [1.](a) Be in the form of a sticker or decal, as prescribed by the Department.

      [2.](b) Be approximately the size of a license plate for a motorcycle, as set forth by the Department.

      [3.](c) Include the unique vehicle identification number, serial number or distinguishing number obtained pursuant to NRS 490.0835 for the off-highway vehicle.

 


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ê2013 Statutes of Nevada, Page 708 (Chapter 188, SB 343)ê

 

      [4.](d) Be displayed on the off-highway vehicle in the manner set forth by the Commission.

      2.  The registration sticker or decal of a large all-terrain vehicle registered pursuant to section 5 of this act must be distinguishable from the sticker or decal of an off-highway vehicle registered pursuant to NRS 490.082 in a manner to be determined by the Department.

      Sec. 11. NRS 490.0835 is hereby amended to read as follows:

      490.0835  1.  The Department may assign a distinguishing number to any off-highway vehicle if:

      (a) The off-highway vehicle does not have a unique vehicle identification number or serial number provided by the manufacturer of the vehicle;

      (b) The unique vehicle identification number or serial number provided by the manufacturer of the off-highway vehicle has been removed, defaced, altered or obliterated; or

      (c) The off-highway vehicle is homemade.

      2.  Any off-highway vehicle to which there is assigned a distinguishing number pursuant to subsection 1 must be registered, if required pursuant to NRS 490.082, under the distinguishing number.

      3.  The Department shall collect a fee of $2 for the assignment and recording of each such distinguishing number.

      4.  The number by which an off-highway vehicle is registered pursuant to NRS 490.082 or section 5 of this act must be permanently stamped or attached to the vehicle. False attachment or willful removal, defacement, alteration or obliteration of such a number with intent to defraud is a gross misdemeanor.

      Sec. 12. NRS 490.084 is hereby amended to read as follows:

      490.084  1.  The Department shall determine the fee for issuing a certificate of title for an off-highway vehicle, but such fee must not exceed the fee imposed for issuing a certificate of title pursuant to NRS 482.429. Money received from the payment of the fees described in this subsection must be deposited with the State Treasurer for credit to the Revolving Account for the Administration of Off-Highway Vehicle Titling and Registration created by NRS 490.085.

      2.  The Commission shall determine the fee for the annual registration of an off-highway vehicle [,] pursuant to NRS 490.082 or section 5 of this act, but such fee must not be less than $20 or more than $30. Money received from the payment of the fees described in this subsection must be distributed as follows:

      (a) During the period beginning on July 1, 2012, and ending on June 30, 2013:

             (1) Eighty-five percent must be deposited with the State Treasurer for credit to the Revolving Account for the Administration of Off-Highway Vehicle Titling and Registration created by NRS 490.085.

             (2) To the extent that any portion of the fee for registration is not for the operation of the off-highway vehicle on a highway, 15 percent must be deposited into the Fund.

      (b) On or after July 1, 2013:

             (1) Fifteen percent must be deposited with the State Treasurer for credit to the Revolving Account for the Administration of Off-Highway Vehicle Titling and Registration created by NRS 490.085.

 


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ê2013 Statutes of Nevada, Page 709 (Chapter 188, SB 343)ê

 

             (2) To the extent that any portion of the fee for registration is not for the operation of the off-highway vehicle on a highway, 85 percent must be deposited into the Fund.

      Sec. 13. NRS 490.110 is hereby amended to read as follows:

      490.110  1.  Except as otherwise provided in subsection 2, if an off-highway vehicle meets the requirements of this chapter and the operator holds a valid driver’s license and operates the off-highway vehicle in accordance with the requirements of those sections, the off-highway vehicle may be operated on a highway in accordance with NRS 490.090 to 490.130, inclusive [.] , and section 4 of this act.

      2.  An off-highway vehicle may not be operated pursuant to this section:

      (a) On an interstate highway;

      (b) On a paved highway in this State for more than 2 miles; [or]

      (c) Unless the highway is specifically designated for use by off-highway vehicles in a city whose population is 100,000 or more [.] ; or

      (d) Unless it is a large all-terrain vehicle registered pursuant to section 5 of this act and being operated in accordance with section 4 of this act.

      Sec. 14. NRS 490.520 is hereby amended to read as follows:

      490.520  1.  It is a gross misdemeanor for any person knowingly to falsify:

      (a) An off-highway vehicle dealer’s report of sale, as described in NRS 490.440; or

      (b) An application or document to obtain any license, permit, certificate of title or registration issued under the provisions of this chapter.

      2.  Except as otherwise provided in [subsection] subsections 3 [,] and 4, it is a misdemeanor for any person to violate any of the provisions of this chapter unless the violation is by this section or other provision of this chapter or other law of this State declared to be a gross misdemeanor or a felony.

      3.  [Any] Except as otherwise provided in subsection 4, a person who violates a provision of this chapter relating to the registration or operation of an off-highway vehicle is guilty of a misdemeanor and shall be punished by a fine not to exceed $100.

      4.  Any person who registers a large all-terrain vehicle pursuant to section 5 of this act and who:

      (a) Operates or knowingly permits the operation of the vehicle without having insurance as required by section 5 of this act;

      (b) Operates or knowingly permits the operation of the vehicle without having evidence of insurance of the vehicle in the possession of the operator of the vehicle; or

      (c) Fails or refuses to surrender, upon demand, to a peace officer or to an authorized representative of the Department the evidence of insurance,

Ê is guilty of a misdemeanor and shall be punished by a fine not to exceed $100.

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ê2013 Statutes of Nevada, Page 710ê

 

CHAPTER 189, SB 350

Senate Bill No. 350–Senators Hutchison and Roberson

 

CHAPTER 189

 

[Approved: May 27, 2013]

 

AN ACT relating to school districts; expanding the authority of the board of trustees of a school district to issue general obligations; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law enumerates the purposes for which a school district may issue its general obligations. (NRS 387.335) This bill expands the list of authorized purposes to include the purchase of motor vehicles and other equipment used for the transportation of pupils.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. (Deleted by amendment.)

      Sec. 2. NRS 387.335 is hereby amended to read as follows:

      387.335  1.  The board of trustees of a county school district may issue its general obligations to raise money for the following purposes, and no others:

      (a) Construction, design or purchase of new buildings for schools, including, but not limited to, teacherages, dormitories, dining halls, gymnasiums and stadiums.

      (b) Enlarging, remodeling or repairing existing buildings or grounds for schools, including, but not limited to, teacherages, dormitories, dining halls, gymnasiums and stadiums.

      (c) Acquiring sites for building schools, or additional real property for necessary purposes related to schools, including, but not limited to, playgrounds, athletic fields and sites for stadiums.

      (d) Paying expenses relating to the acquisition of school facilities which have been leased by a school district pursuant to NRS 393.080.

      (e) Purchasing necessary motor vehicles and other equipment to be used for the transportation of pupils or furniture and equipment for schools. If money from the issuance of general obligations is used to purchase vehicles and other equipment used for the transportation of pupils or furniture and equipment to replace existing vehicles and equipment or furniture and equipment, as applicable, and [that] the existing vehicles and equipment or furniture and equipment subsequently [is] are sold, the proceeds from the sale must be applied toward the retirement of those obligations.

      2.  Any one or more of the purposes enumerated in subsection 1 may, by order of the board of trustees entered in its minutes, be united and voted upon as one single proposition.

      3.  Any question submitted pursuant to this section and any question submitted pursuant to NRS 387.3285 may, by order of the board of trustees entered in its minutes, be united and voted upon as a single proposition.

 


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ê2013 Statutes of Nevada, Page 711 (Chapter 189, SB 350)ê

 

      Sec. 3.  The amendatory provisions of section 2 of this act apply only to money raised by general obligations issued by the board of trustees of a school district on or after July 1, 2013.

      Sec. 4.  This act becomes effective on July 1, 2013.

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CHAPTER 190, SB 351

Senate Bill No. 351–Senator Hutchison

 

CHAPTER 190

 

[Approved: May 27, 2013]

 

AN ACT relating to health care; prohibiting the purchase of certain liens relating to health care services; providing a penalty; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      This bill prohibits a provider of health care or a health facility that treats a patient for a condition for which the patient has filed or intends to file a civil claim to recover damages, or any business in which such a provider or facility has a financial interest, from acquiring a debt or lien for services which arise from the same claim and are provided to the patient by another provider or facility.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 629 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A provider of health care or a health facility that provides services to a patient who has filed or intends to file a civil claim to recover damages, or a business in which such a provider of health care or health facility holds a financial interest, shall not purchase or acquire a debt or a lien that is based upon services which:

      (a) Are provided to the patient in relation to the same claim for which the provider of health care or health facility provided services to the patient; and

      (b) Are provided to that patient by another provider of health care or health facility.

      2.  A person who violates subsection 1 is guilty of a category E felony and shall be punished as provided in NRS 193.130, and may be further punished by a fine of not more than $25,000 for each violation.

      3.  As used in this section:

      (a) “Financial interest” includes, without limitation, any share in the ownership of or profit from a business and any form of compensation from a business relating to a debt or lien based upon services provided by a provider of health care or health facility.

      (b) “Health facility” has the meaning ascribed to it in NRS 439A.015.

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ê2013 Statutes of Nevada, Page 712ê

 

CHAPTER 191, SB 108

Senate Bill No. 108–Committee on Judiciary

 

CHAPTER 191

 

[Approved: May 27, 2013]

 

AN ACT relating to juvenile justice; providing that a child who violates certain local ordinances relating to curfews and loitering is to be treated by the juvenile court as a child in need of supervision rather than as a delinquent child; decreasing the length of time a child may remain in detention or shelter care pending the filing of a petition alleging delinquency or need of supervision; authorizing the juvenile court to order the Department of Motor Vehicles to issue a restricted driver’s license to a child in certain circumstances; revising the statement of state policy concerning a probation program of special supervision for certain delinquent juveniles; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law provides that a juvenile court has exclusive jurisdiction over proceedings concerning a child who is: (1) alleged or adjudicated to be in need of supervision as a result of certain acts committed by the child; or (2) alleged or adjudicated to have committed a delinquent act, including the violation of a county or municipal ordinance. (NRS 62B.320, 62B.330) Sections 1 and 2 of this bill provide that a child who violates a county or municipal ordinance imposing a curfew on or restricting loitering by a child is to be adjudicated by the juvenile court as a child in need of supervision rather than as a delinquent child.

      Under existing law, a child who is in detention or shelter care pending the filing of a petition alleging delinquency or need of supervision must be released if the district attorney has not filed the petition within 8 days after the complaint was referred to a probation officer. (NRS 62C.100) Section 3 of this bill decreases the length of time that a child may remain in detention or shelter care pending the filing of a petition by requiring a child to be released if the district attorney has not filed a petition in juvenile court within 4 days after the referral of the complaint to a probation officer, excluding Saturdays, Sundays and holidays. Section 3 also provides that a juvenile court may, for good cause shown by the district attorney, allow an additional 4 days for the filing of the petition, excluding Saturdays, Sundays and holidays.

      Existing law authorizes the juvenile court to suspend or delay the issuance of the driver’s license of a child who has been adjudicated delinquent or in need of supervision for certain acts. (NRS 62E.250, 62E.430, 62E.630, 62E.640, 62E.650, 62E.690) Under existing law, the Department of Motor Vehicles may issue a restricted driver’s license permitting a child whose driver’s license has been revoked or suspended by the juvenile court to drive: (1) to and from work or in the course of work, or both; or (2) to and from school. (NRS 483.390) Sections 4 and 6 of this bill authorize the juvenile court to order the Department of Motor Vehicles to issue a restricted driver’s license to a child if: (1) the juvenile court has suspended or delayed the issuance of the child’s driver’s license because the child was adjudicated delinquent for the unlawful use, possession, sale or distribution of a controlled substance, or the unlawful purchase, consumption or possession of an alcoholic beverage; and (2) the juvenile court finds that the suspension or delay causes severe or undue hardship to the child or his or her immediate family.

      Existing law establishes a program of special supervision of certain juveniles who have been adjudicated delinquent and authorizes the Department of Health and Human Services to adopt rules and distribute money to juvenile courts to carry out the program. (NRS 62G.400-62G.470) Section 5 of this bill revises the statement of the state policy concerning the program.

 


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ê2013 Statutes of Nevada, Page 713 (Chapter 191, SB 108)ê

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 62B.320 is hereby amended to read as follows:

      62B.320  1.  Except as otherwise provided in this title, the juvenile court has exclusive original jurisdiction in proceedings concerning any child living or found within the county who is alleged or adjudicated to be in need of supervision because the child:

      (a) Is subject to compulsory school attendance and is a habitual truant from school;

      (b) Habitually disobeys the reasonable and lawful demands of the parent or guardian of the child and is unmanageable;

      (c) Deserts, abandons or runs away from the home or usual place of abode of the child and is in need of care or rehabilitation; [or]

      (d) Uses an electronic communication device to transmit or distribute a sexual image of himself or herself to another person or to possess a sexual image in violation of NRS 200.737 [.] ;

      (e) Violates a county or municipal ordinance imposing a curfew on a child; or

      (f) Violates a county or municipal ordinance restricting loitering by a child.

      2.  A child who is subject to the jurisdiction of the juvenile court pursuant to this section must not be considered a delinquent child.

      3.  As used in this section:

      (a) “Electronic communication device” has the meaning ascribed to it in NRS 200.737.

      (b) “Sexual image” has the meaning ascribed to it in NRS 200.737.

      Sec. 2. NRS 62B.330 is hereby amended to read as follows:

      62B.330  1.  Except as otherwise provided in this title, the juvenile court has exclusive original jurisdiction over a child living or found within the county who is alleged or adjudicated to have committed a delinquent act.

      2.  For the purposes of this section, a child commits a delinquent act if the child:

      (a) Violates a county or municipal ordinance [;] other than those specified in paragraph (e) or (f) of subsection 1 of NRS 62B.320;

      (b) Violates any rule or regulation having the force of law; or

      (c) Commits an act designated a criminal offense pursuant to the laws of the State of Nevada.

      3.  For the purposes of this section, each of the following acts shall be deemed not to be a delinquent act, and the juvenile court does not have jurisdiction over 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:

 


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             (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:

             (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) A category A or B felony and any other related offense arising out of the same facts as the category A or B felony, regardless of the nature of the related offense, if the person was at least 16 years of age but less than 18 years of age when the offense was committed, and:

             (1) The person is not identified by law enforcement as having committed the offense and charged before the person is at least 20 years, 3 months of age, but less than 21 years of age; or

             (2) The person is not identified by law enforcement as having committed the offense until the person reaches 21 years of age.

      (f) Any other offense if, before the offense was committed, the person previously had been convicted of a criminal offense.

      Sec. 3. NRS 62C.100 is hereby amended to read as follows:

      62C.100  1.  When a complaint is made alleging that a child is delinquent or in need of supervision:

      (a) The complaint must be referred to a probation officer of the appropriate county; and

      (b) The probation officer shall conduct a preliminary inquiry to determine whether the best interests of the child or of the public:

             (1) Require that a petition be filed; or

             (2) Would better be served by placing the child under informal supervision pursuant to NRS 62C.200.

      2.  If, after conducting the preliminary inquiry, the probation officer recommends the filing of a petition, the district attorney shall determine whether to file the petition.

 


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      3.  If, after conducting the preliminary inquiry, the probation officer does not recommend the filing of a petition or that the child be placed under informal supervision, the probation officer must notify the complainant regarding the complainant’s right to seek a review of the complaint by the district attorney.

      4.  If the complainant seeks a review of the complaint by the district attorney, the district attorney shall:

      (a) Review the facts presented by the complainant;

      (b) Consult with the probation officer; and

      (c) File the petition with the juvenile court if the district attorney believes that the filing of the petition is necessary to protect the interests of the child or of the public.

      5.  The determination of the district attorney concerning whether to file the petition is final.

      6.  Except as otherwise provided in NRS 62C.060, if a child is in detention or shelter care, the child must be released immediately if a petition alleging that the child is delinquent or in need of supervision is not:

      (a) Approved by the district attorney; or

      (b) Filed within [8] 4 days after the date the complaint was referred to the probation officer [.] , excluding Saturdays, Sundays and holidays, except that the juvenile court may, for good cause shown by the district attorney, allow an additional 4 days for the filing of the petition, excluding Saturdays, Sundays and holidays.

      Sec. 4. NRS 62E.630 is hereby amended to read as follows:

      62E.630  1.  Except as otherwise provided in this section, if a child is adjudicated delinquent for the unlawful act of using, possessing, selling or distributing a controlled substance, or purchasing, consuming or possessing an alcoholic beverage in violation of NRS 202.020, the juvenile court shall:

      (a) If the child possesses a driver’s license, issue an order suspending the driver’s license of the child for at least 90 days but not more than 2 years; or

      (b) If the child does not possess a driver’s license and the child is or will be eligible to receive a driver’s license within the 2 years immediately following the date of the order, issue an order prohibiting the child from receiving a driver’s license for a period specified by the juvenile court which must be at least 90 days but not more than 2 years:

             (1) Immediately following the date of the order, if the child is eligible to receive a driver’s license; or

             (2) After the date the child will be eligible to receive a driver’s license, if the child is not eligible to receive a driver’s license on the date of the order.

      2.  If the child is already the subject of a court order suspending or delaying the issuance of the driver’s license of the child, the juvenile court shall order the additional suspension or delay, as appropriate, to apply consecutively with the previous order.

      3.  If the juvenile court finds that a suspension or delay in the issuance of the driver’s license of a child pursuant to this section would cause or is causing a severe or undue hardship to the child or his or her immediate family and that the child is otherwise eligible to receive a driver’s license, the juvenile court may order the Department of Motor Vehicles to issue a restricted driver’s license to the child pursuant to NRS 483.490.

 


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      4.  If the juvenile court issues an order requiring the Department of Motor Vehicles to issue a restricted driver’s license to a child pursuant to subsection 3, not later than 5 days after issuing the order, the juvenile court shall forward to the Department of Motor Vehicles a copy of the order.

      Sec. 5. NRS 62G.410 is hereby amended to read as follows:

      62G.410  1.  It is the policy of this state to [rehabilitate delinquent children, to effect a more even administration of justice and to increase] effectuate a system of youth interventions, in a civil arena, to improve outcomes for juveniles, to diminish juvenile criminality, to facilitate juvenile accountability and to improve juvenile health and welfare, fairly and equally in the best interest of the child and in furtherance of the public welfare of the citizens of this state.

      2.  It is the purpose of NRS 62G.400 to 62G.470, inclusive, to reduce the necessity for commitment of delinquent children to a state facility for the detention of children by strengthening and improving local supervision of children placed on probation by the juvenile court.

      Sec. 6. NRS 483.490 is hereby amended to read as follows:

      483.490  1.  Except as otherwise provided in this section, after a driver’s license has been suspended or revoked for an offense other than a second violation within 7 years of NRS 484C.110, and one-half of the period during which the driver is not eligible for a license has expired, the Department may, unless the statute authorizing the suspension prohibits the issuance of a restricted license, issue a restricted driver’s license to an applicant permitting the applicant to drive a motor vehicle:

      (a) To and from work or in the course of his or her work, or both; or

      (b) To acquire supplies of medicine or food or receive regularly scheduled medical care for himself, herself or a member of his or her immediate family.

Ê Before a restricted license may be issued, the applicant must submit sufficient documentary evidence to satisfy the Department that a severe hardship exists because the applicant has no alternative means of transportation and that the severe hardship outweighs the risk to the public if the applicant is issued a restricted license.

      2.  A person who has been ordered to install a device in a motor vehicle pursuant to NRS 484C.460:

      (a) Shall install the device not later than 21 days after the date on which the order was issued; and

      (b) May not receive a restricted license pursuant to this section until:

             (1) After at least 1 year of the period during which the person is not eligible for a license, if the person was convicted of:

                   (I) A violation of NRS 484C.430 or a homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484C.110, 484C.130 or 484C.430; or

                   (II) A violation of NRS 484C.110 that is punishable as a felony pursuant to NRS 484C.410 or 484C.420;

             (2) After at least 180 days of the period during which the person is not eligible for a license, if the person was convicted of a violation of subsection 6 of NRS 484B.653; or

 


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             (3) After at least 45 days of the period during which the person is not eligible for a license, if the person was convicted of a first violation within 7 years of NRS 484C.110.

      3.  If the Department has received a copy of an order requiring a person to install a device in a motor vehicle pursuant to NRS 484C.460, the Department shall not issue a restricted driver’s license to such a person pursuant to this section unless the applicant has submitted proof of compliance with the order and subsection 2.

      4.  [After] Except as otherwise provided in NRS 62E.630, after a driver’s license has been revoked or suspended pursuant to title 5 of NRS, the Department may issue a restricted driver’s license to an applicant permitting the applicant to drive a motor vehicle:

      (a) If applicable, to and from work or in the course of his or her work, or both; or

      (b) If applicable, to and from school.

      5.  After a driver’s license has been suspended pursuant to NRS 483.443, the Department may issue a restricted driver’s license to an applicant permitting the applicant to drive a motor vehicle:

      (a) If applicable, to and from work or in the course of his or her work, or both;

      (b) To receive regularly scheduled medical care for himself, herself or a member of his or her immediate family; or

      (c) If applicable, as necessary to exercise a court-ordered right to visit a child.

      6.  A driver who violates a condition of a restricted license issued pursuant to subsection 1 or by another jurisdiction is guilty of a misdemeanor and, if the license of the driver was suspended or revoked for:

      (a) A violation of NRS 484C.110, 484C.210 or 484C.430;

      (b) A homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484C.110, 484C.130 or 484C.430; or

      (c) A violation of a law of any other jurisdiction that prohibits the same or similar conduct as set forth in paragraph (a) or (b),

Ê the driver shall be punished in the manner provided pursuant to subsection 2 of NRS 483.560.

      7.  The periods of suspensions and revocations required pursuant to this chapter and NRS 484C.210 must run consecutively, except as otherwise provided in NRS 483.465 and 483.475, when the suspensions must run concurrently.

      8.  Whenever the Department suspends or revokes a license, the period of suspension, or of ineligibility for a license after the revocation, begins upon the effective date of the revocation or suspension as contained in the notice thereof.

________

 

 

 

 

 


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ê2013 Statutes of Nevada, Page 718ê

 

CHAPTER 192, AB 60

Assembly Bill No. 60–Committee on Judiciary

 

CHAPTER 192

 

[Approved: May 28, 2013]

 

AN ACT relating to charities; requiring nonprofit corporations to file certain information with the Secretary of State before soliciting charitable contributions in this State; requiring the Secretary of State to provide to the public certain information concerning nonprofit corporations that solicit charitable contributions in this State; requiring the disclosure of certain information by a person conducting a solicitation for charitable contributions for or on behalf of a nonprofit corporation or other charitable organization; authorizing the imposition of penalties; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law regulates the activities of nonprofit corporations within the State. (Chapter 82 of NRS)

      Section 3 of this bill requires every nonprofit corporation that intends to solicit tax-deductible charitable contributions in this State to file certain information and a financial report with the Secretary of State at the time the corporation files its articles of incorporation and its annual list. Section 3 authorizes the financial report to be a copy of the nonprofit corporation’s Form 990 IRS filing for the most recent fiscal year. Section 5 of this bill provides that if a nonprofit corporation fails to file the information and financial statement with its annual list, the nonprofit corporation is required to pay the $50 penalty for a default in the requirement for filing an annual list. Section 5 further authorizes the Secretary of State to issue a cease and desist order if the nonprofit corporation fails to file the information and financial statement and pay the penalty for default within 90 days after notice of the default. If the nonprofit corporation fails to comply with the cease and desist order, section 5 authorizes the Secretary of State to: (1) forfeit the right of the nonprofit corporation to transact business in this State; and (2) refer the matter to the Attorney General for a determination of whether to institute the appropriate proceedings in a court of competent jurisdiction. Section 4 of this bill requires the Secretary of State to publish certain information provided by the nonprofit corporation on the Secretary of State’s Internet website.

      Section 6.5 of this bill requires the Secretary of State to provide written notice to a person who is alleged to have violated certain provisions of law governing the solicitation of charitable contributions if the Secretary of State believes such a violation has occurred. Section 6.5 further authorizes the Secretary of State to refer a violation of certain provisions of law governing the solicitation of charitable contributions to the Attorney General for a determination of whether to institute the appropriate proceedings in a court of competent jurisdiction. Under section 6.5, in such a proceeding, the Attorney General may seek an injunction or other equitable relief and a civil penalty of not more than $1,000. If the Attorney General prevails in the proceeding, the Attorney General is entitled to recover the costs of the proceeding, including, without limitation, investigation costs and reasonable attorney’s fees.

      Existing law prohibits a person soliciting contributions for or on behalf of a charitable organization from making a false, deceiving or misleading claim or representation. (NRS 598.1305) Section 12 of this bill requires a person representing that he or she is soliciting contributions for or on behalf of a charitable organization or nonprofit corporation to disclose: (1) the name of the charitable organization or nonprofit corporation as registered with the Secretary of State; (2) the state or jurisdiction in which the charitable organization or nonprofit corporation is formed; (3) the purpose of the charitable organization or nonprofit corporation; and (4) certain information relating to whether the contribution or donation is tax deductible pursuant to section 170(c) of the Internal Revenue Code.

 


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jurisdiction in which the charitable organization or nonprofit corporation is formed; (3) the purpose of the charitable organization or nonprofit corporation; and (4) certain information relating to whether the contribution or donation is tax deductible pursuant to section 170(c) of the Internal Revenue Code. Under section 12, the failure to make this disclosure is a deceptive trade practice.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 82 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 9, inclusive, of this act.

      Sec. 2. As used in sections 2 to 9, inclusive, of this act, unless the context otherwise requires, “charitable contribution” means a contribution that is recognized as a tax deductible contribution pursuant to the provisions of section 170(c) of the Internal Revenue Code of 1986, 26 U.S.C. § 170(c), future amendments to that section and the corresponding provisions of future internal revenue laws.

      Sec. 2.5. The provisions of sections 2 to 9, inclusive, of this act do not apply to a corporation that is a unit or instrumentality of the United States government.

      Sec. 3. 1.  Except as otherwise provided in section 2.5 of this act, a corporation shall not solicit charitable contributions in this State by any means, or have charitable contributions solicited in this State on its behalf by another person or entity, unless the corporation is registered with the Secretary of State pursuant to this section. Each chapter, branch or affiliate of a corporation may register separately.

      2.  A corporation which intends to solicit charitable contributions must, at the time of filing its articles of incorporation pursuant to NRS 82.081, file on a form prescribed by the Secretary of State:

      (a) The information required by subsection 3; and

      (b) A financial report.

      3.  The form required by subsection 2 must include, without limitation:

      (a) The exact name of the corporation as registered with the Internal Revenue Service;

      (b) The federal tax identification number of the corporation;

      (c) The name of the corporation as registered with the Secretary of State or, if a foreign nonprofit corporation, the name of the foreign nonprofit corporation as filed in its jurisdiction of origin;

      (d) The purpose for which the corporation is organized;

      (e) The name or names under which the corporation intends to solicit charitable contributions;

      (f) The address and telephone number of the principal place of business of the corporation and the address and telephone number of any offices of the corporation in this State or, if the corporation does not maintain an office in this State, the name, address and telephone number of the custodian of the financial records of the corporation;

      (g) The names and addresses, either residence or business, of the officers, directors, trustees and executive personnel of the corporation;

      (h) The last day of the fiscal year of the corporation;

      (i) The jurisdiction and date of the formation of the corporation;

 


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      (j) The tax exempt status of the corporation; and

      (k) Any other information deemed necessary by the Secretary of State, as prescribed by regulations adopted by the Secretary of State pursuant to section 9 of this act.

      4.  Except as otherwise provided in this subsection, a financial report must contain the financial information of the corporation for the most recent fiscal year. In the discretion of the Secretary of State, the financial report may be a copy of the Form 990 of the corporation, with all schedules except the schedules of donors, for the most recent fiscal year. If a corporation was first formed within the past year and does not have any financial information or a Form 990 for its most recent fiscal year, the corporation must complete the financial report using good faith estimates for its current fiscal year on a form prescribed by the Secretary of State.

      5.  A corporation which intends to solicit charitable contributions in this State must, at the time the corporation files the annual list required by subsection 3 of NRS 82.193, file with the Secretary of State:

      (a) If the purpose for which the corporation is organized has changed, a statement of that purpose.

      (b) A new financial report pursuant to subsection 4.

      6.  All information filed pursuant to this section are public records. The filing of information pursuant to this section is not an endorsement of any corporation by the Secretary of State or the State of Nevada.

      7.  As used in this section:

      (a) “Form 990” means the Return of Organization Exempt from Income Tax (Form 990) of the Internal Revenue Service of the United States Department of the Treasury, or any equivalent or successor form of the Internal Revenue Service of the United States Department of the Treasury.

      (b) “Solicit charitable contributions” means to request a contribution, donation, gift or the like that is made by any means, including, without limitation:

             (1) Mail;

             (2) Commercial carrier;

             (3) Telephone, facsimile, electronic mail or other electronic device; or

             (4) A face-to-face meeting.

Ê The term includes requests for contributions, donations, gifts or the like which are made from a location within this State and solicitations which are made from a location outside of this State to persons located in this State, but does not include a request for contributions, donations, gifts or the like which is directed only to a total of fewer than 15 persons or only to persons who are related within the third degree of consanguinity or affinity to the officers, directors, trustees or executive personnel of the corporation.

      Sec. 4. The Secretary of State shall make available to the public and post on the official Internet website of the Secretary of State the information provided by each corporation pursuant to section 3 of this act.

      Sec. 5. 1.  If the Secretary of State finds that a corporation required to file information pursuant to subsection 5 of section 3 of this act is soliciting charitable contributions in this State, or is having charitable contributions solicited in this State on its behalf by another person or entity, without filing the information required by subsection 5 of section 3 of this act on or before the due date for the filing, the Secretary of State shall impose on the corporation the penalty for default set forth in subsection 3 of NRS 82.193 and notify the corporation of the violation by providing written notice to its registered agent.

 


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shall impose on the corporation the penalty for default set forth in subsection 3 of NRS 82.193 and notify the corporation of the violation by providing written notice to its registered agent. The written notice:

      (a) Must include a statement indicating that the corporation is required to file the information required by subsection 5 of section 3 of this act and pay the penalty for default set forth in subsection 3 of NRS 82.193.

      (b) May be provided electronically.

      2.  Not later than 90 days after receiving notice from the Secretary of State pursuant to subsection 1, the corporation must file the information required by subsection 5 of section 3 of this act and pay the penalty for default set forth in subsection 3 of NRS 82.193. If the corporation fails to file the information required by subsection 5 of section 3 of this act and pay the penalty for default set forth in subsection 3 of NRS 82.193 within 90 days after receiving the notice, the Secretary of State may, in addition to imposing the penalty for default set forth in subsection 3 of NRS 82.193, take any or all of the following actions:

      (a) Impose a civil penalty of not more than $1,000.

      (b) Issue an order to cease and desist soliciting charitable contributions or having charitable contributions solicited on behalf of the corporation by another person or entity.

      3.  An action taken pursuant to subsection 2 is a final decision for the purposes of judicial review pursuant to chapter 233B of NRS.

      4.  If a corporation fails to pay a civil penalty imposed by the Secretary of State pursuant to subsection 2 or comply with an order to cease and desist issued by the Secretary of State pursuant to subsection 2, the Secretary of State may:

      (a) If the corporation is organized pursuant to this chapter, revoke the charter of the corporation. If the charter of the corporation is revoked pursuant to this paragraph, the corporation forfeits its right to transact business in this State.

      (b) If the corporation is a foreign nonprofit corporation, forfeit the right of the foreign nonprofit corporation to transact business in this State.

      (c) Refer the matter to the Attorney General for a determination of whether to institute proceedings pursuant to section 6.5 of this act.

      Sec. 6. (Deleted by amendment.)

      Sec. 6.5. 1.  If the Secretary of State believes that a person has violated NRS 598.1305 or sections 2 to 9, inclusive, of this act, or any other provision of the laws of this State governing the solicitation of charitable contributions, the Secretary of State shall notify the person in writing of the alleged violation.

      2.  The Secretary of State may refer an alleged violation of NRS 598.1305 or sections 2 to 9, inclusive, of this act, or any other provision of the laws of this State governing the solicitation of charitable contributions to the Attorney General for a determination of whether to institute proceedings in a court of competent jurisdiction to enforce NRS 598.1305 or sections 2 to 9, inclusive, of this act, or any other provision of the laws of this State governing the solicitation of charitable contributions. The Attorney General may institute and prosecute the appropriate proceedings to enforce NRS 598.1305 or sections 2 to 9, inclusive, of this act, or any other provision of the laws of this State governing the solicitation of charitable contributions.

 


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      3.  In a proceeding instituted by the Attorney General pursuant to subsection 2, the Attorney General may seek an injunction or other equitable relief, and may recover a civil penalty of not more than $1,000 for each violation. If the Attorney General prevails in such a proceeding, the Attorney General is entitled to recover the costs of the proceeding, including, without limitation, the cost of any investigation and reasonable attorney’s fees.

      Sec. 7. The powers and duties of the Secretary of State and the Attorney General pursuant to sections 2 to 9, inclusive, of this act are in addition to other powers and duties of the Secretary of State and Attorney General with respect to corporations and charitable contributions.

      Sec. 8. (Deleted by amendment.)

      Sec. 9. The Secretary of State may adopt regulations to administer the provisions of sections 2 to 9, inclusive, of this act.

      Sec. 10. NRS 82.131 is hereby amended to read as follows:

      82.131  Subject to such limitations, if any, as may be contained in its articles, and except as otherwise provided in section 3 of this act, every corporation may:

      1.  Borrow money and contract debts when necessary for the transaction of its business, or for the exercise of its corporate rights, privileges or franchises, or for any other lawful purpose of its incorporation, issue bonds, promissory notes, drafts, debentures and other obligations and evidences of indebtedness, payable at a specified time or times, or payable upon the happening of a specified event or events, whether secured by mortgage, pledge or other security, or unsecured, for money borrowed, or in payment for property purchased or acquired, or for any other lawful object.

      2.  Guarantee, purchase, hold, take, obtain, receive, subscribe for, own, use, dispose of, sell, exchange, lease, lend, assign, mortgage, pledge or otherwise acquire, transfer or deal in or with bonds or obligations of, or shares, securities or interests in or issued by any person, government, governmental agency or political subdivision of government, and exercise all the rights, powers and privileges of ownership of such an interest, including the right to vote, if any.

      3.  Issue certificates evidencing membership and issue identity cards.

      4.  Make donations for the public welfare or for community funds, hospital, charitable, educational, scientific, civil, religious or similar purposes.

      5.  Levy dues, assessments and fees.

      6.  Purchase, take, receive, lease, take by gift, devise or bequest, or otherwise acquire, own, improve, use and otherwise deal in and with real or personal property, or any interest therein, wherever situated.

      7.  Carry on a business for profit and apply any profit that results from the business to any activity in which it may lawfully engage.

      8.  Participate with others in any partnership, joint venture or other association, transaction or arrangement of any kind, whether or not participation involves sharing or delegation of control with or to others.

      9.  Act as trustee under any trust incidental to the principal objects of the corporation, and receive, hold, administer, exchange and expend funds and property subject to the trust.

      10.  Pay reasonable compensation to officers, directors and employees, pay pensions, retirement allowances and compensation for past services, and establish incentive or benefit plans, trusts and provisions for the benefit of its officers, directors, employees, agents and their families, dependents and beneficiaries, and indemnify and buy insurance for a fiduciary of such a benefit or incentive plan, trust or provision.

 


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ê2013 Statutes of Nevada, Page 723 (Chapter 192, AB 60)ê

 

officers, directors, employees, agents and their families, dependents and beneficiaries, and indemnify and buy insurance for a fiduciary of such a benefit or incentive plan, trust or provision.

      11.  Have one or more offices, and hold, purchase, mortgage and convey real and personal property in this State, and in any of the several states, territories, possessions and dependencies of the United States, the District of Columbia and any foreign countries.

      12.  Do everything necessary and proper for the accomplishment of the objects enumerated in its articles of incorporation, or necessary or incidental to the protection and benefit of the corporation, and, in general, to carry on any lawful business necessary or incidental to the attainment of the objects of the corporation, whether or not the business is similar in nature to the objects set forth in the articles of incorporation of the corporation, except that:

      (a) A corporation does not, by any implication or construction, possess the power of issuing bills, notes or other evidences of debt for circulation of money; and

      (b) This chapter does not authorize the formation of banking corporations to issue or circulate money or currency within this State, or outside of this State, or at all, except the federal currency, or the notes of banks authorized under the laws of the United States.

      Sec. 11. NRS 82.5231 is hereby amended to read as follows:

      82.5231  [If] Except as otherwise provided in section 3 of this act, if a foreign nonprofit corporation has filed the initial or annual list in compliance with NRS 82.523 and has paid the appropriate fee for the filing, the cancelled check or other proof of payment received by the foreign nonprofit corporation constitutes a certificate authorizing it to transact its business within this State until the last day of the month in which the anniversary of its qualification to transact business occurs in the next succeeding calendar year.

      Sec. 12. NRS 598.1305 is hereby amended to read as follows:

      598.1305  1.  A person representing that he or she is conducting a solicitation for or on behalf of a charitable organization or nonprofit corporation shall disclose:

      (a) The full legal name of the charitable organization or nonprofit corporation as registered with the Secretary of State pursuant to section 3 of this act;

      (b) The state or jurisdiction in which the charitable organization or nonprofit corporation was formed;

      (c) The purpose of the charitable organization or nonprofit corporation; and

      (d) That the contribution or donation may be tax deductible pursuant to the provisions of section 170(c) of the Internal Revenue Code of 1986, 26 U.S.C. § 170(c), or that the contribution or donation does not qualify for such a federal tax deduction.

      2.  A person, in planning, conducting or executing a solicitation for or on behalf of a charitable organization [,] or nonprofit corporation, shall not:

      (a) Make any claim or representation concerning a contribution which directly, or by implication, has the capacity, tendency or effect of deceiving or misleading a person acting reasonably under the circumstances; or

      (b) Omit any material fact deemed to be equivalent to a false, misleading or deceptive claim or representation if the omission, when considering what has been said or implied, has or would have the capacity, tendency or effect of deceiving or misleading a person acting reasonably under the circumstances.

 


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ê2013 Statutes of Nevada, Page 724 (Chapter 192, AB 60)ê

 

has been said or implied, has or would have the capacity, tendency or effect of deceiving or misleading a person acting reasonably under the circumstances.

      [2.]3.  Any solicitation that is made in writing for or on behalf of a charitable organization or nonprofit corporation, including, without limitation, an electronic communication, must contain the full legal name of the charitable organization or nonprofit corporation as registered with the Secretary of State pursuant to section 3 of this act and a disclaimer stating that the contribution or donation may be tax deductible pursuant to the provisions of section 170(c) of the Internal Revenue Code of 1986, 26 U.S.C. § 170(c), or that the contribution or donation does not qualify for such a federal tax deduction.

      4.  Notwithstanding any other provisions of this chapter, the Attorney General has primary jurisdiction to investigate and prosecute a violation of this section.

      [3.]5.  Except as otherwise provided in NRS 41.480 and 41.485, a violation of this section constitutes a deceptive trade practice for the purposes of NRS 598.0903 to 598.0999, inclusive.

      [4.]6.  As used in this section:

      (a) “Charitable organization” means any person who, directly or indirectly, solicits contributions and who [:

             (1) The] the Secretary of the Treasury has determined to be tax exempt pursuant to the provisions of section 501(c)(3) of the Internal Revenue Code . [; or

             (2) Is, or holds himself or herself out to be, established for a charitable purpose.

Ê] The term does not include an organization which is established for and serving bona fide religious purposes.

      (b) “Solicitation” means a request for a contribution to a charitable organization or nonprofit corporation that is made by [:] any means, including, without limitation:

            (1) Mail;

             (2) Commercial carrier;

             (3) Telephone, facsimile , electronic mail or other electronic device; or

             (4) A face-to-face meeting.

Ê The term includes solicitations which are made from a location within this State and solicitations which are made from a location outside of this State to persons located in this State. For the purposes of subsections 1 and 3, the term does not include solicitations which are directed only to a total of fewer than 15 persons or only to persons who are related within the third degree of consanguinity or affinity to the officers, directors, trustees or executive personnel of the charitable organization or nonprofit corporation.

      Sec. 13.  This act becomes effective on January 1, 2014.

________

 

 

 

 


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ê2013 Statutes of Nevada, Page 725ê

 

CHAPTER 193, AB 65

Assembly Bill No. 65–Committee on Government Affairs

 

CHAPTER 193

 

[Approved: May 28, 2013]

 

AN ACT relating to public meetings; exempting certain entities, proceedings and meetings from compliance with the Open Meeting Law in certain circumstances; prohibiting a member of a public body from designating a person to attend a meeting in the member’s place without certain authority; revising provisions relating to the prosecution of an alleged violation of the Open Meeting Law; revising provisions governing the provision of supporting material for meetings to the public; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      The Open Meeting Law requires that meetings of public bodies be open to the public, with limited exceptions set forth specifically in statute. (NRS 241.020) Section 2 of this bill provides certain exceptions and exemptions to the Open Meeting Law and provides that any other provision of law which: (1) exempts a meeting, hearing or proceeding from the requirements of the Open Meeting Law; or (2) otherwise authorizes or requires a closed meeting, hearing or proceeding prevails over the general provisions of the Open Meeting Law. Sections 6 and 8 of this bill make conforming changes.

      Section 3 of this bill prohibits a member of a public body from designating a person to attend a meeting of the public body in the place of the member unless members of the public body are expressly authorized to do so by the constitutional provision, statute, ordinance, resolution or other legal authority that created the public body. Section 3 also requires that any such designation be made in writing or made on the record at a meeting of the public body, deems any person so designated to be a member of the public body for purposes of determining a quorum at the meeting and entitles such a person to exercise the same powers as the regular members of the public body at the meeting.

      Any action taken by a public body in violation of the Open Meeting Law is void. (NRS 241.036) Under existing law, the Attorney General is required to investigate and prosecute any violation of the Open Meeting Law. (NRS 241.039) Existing law authorizes the Attorney General or a member of the public to sue a public body: (1) within 60 days after an alleged violation to have an action by the public body declared void; or (2) within 120 days after an alleged violation to require the public body to comply with the Open Meeting Law. (NRS 241.037) Section 4 of this bill provides that if a public body takes certain corrective action within 30 days after an alleged violation, the Attorney General may decide not to commence prosecution of the alleged violation if the Attorney General determines that foregoing prosecution would be in the best interests of the public. Section 4 also extends by 30 days the deadline by which lawsuits to enforce the Open Meeting Law may be filed by the Attorney General in the context of corrective action. Section 4 further provides that any action taken by a public body to correct an alleged violation of the Open Meeting Law is effective prospectively.

      With certain exceptions, a public body is required to comply with the Open Meeting Law when a quorum of its members is present to deliberate toward a decision or take action on a matter over which the public body has supervision, control, jurisdiction or advisory power. (NRS 241.015) Section 6 of this bill defines “deliberate” for purposes of this requirement to mean collectively examining, weighing and reflecting on the reasons for or against an action and includes the collective discussion or exchange of facts preliminary to the ultimate decision. Section 6 also clarifies that a quorum of members may be present in person or by means of electronic communication.

 


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ê2013 Statutes of Nevada, Page 726 (Chapter 193, AB 65)ê

 

      Under the Open Meeting Law, a public body is required, upon request and at no charge, to provide a copy of an agenda for the meeting, any proposed ordinance or regulation to be discussed at the meeting, and other supporting material, with certain exceptions, provided to members of the public body for an item on the agenda. (NRS 241.020) Section 7 of this bill requires that a public body include on the notice for a meeting: (1) the name and contact information for the person designated by the public body from whom a member of the public may request the supporting material for a meeting; and (2) a list of the locations where the supporting material is available to the public. Section 7 also requires the governing body of a city or county whose population is 45,000 or more (currently Clark, Douglas, Elko, Lyon and Washoe Counties and the cities of Carson City, Henderson, Las Vegas, North Las Vegas, Reno and Sparks) to post the supporting material to its website not later than the time at which the material is provided to the members of the governing body or, if the supporting material is provided to the governing body at a meeting, not later than 24 hours after the meeting. Section 7 also authorizes such a public body to provide the supporting material via a link to the posting on its website to a person who has requested to receive the material by electronic mail if the person so agrees.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 241 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.

      Sec. 2. 1.  The meetings of a public body that are quasi-judicial in nature are subject to the provisions of this chapter.

      2.  The following are exempt from the requirements of this chapter:

      (a) The Legislature of the State of Nevada.

      (b) Judicial proceedings, including, without limitation, proceedings before the Commission on Judicial Selection and, except as otherwise provided in NRS 1.4687, the Commission on Judicial Discipline.

      (c) Meetings of the State Board of Parole Commissioners when acting to grant, deny, continue or revoke the parole of a prisoner or to establish or modify the terms of the parole of a prisoner.

      3.  Any provision of law which:

      (a) Provides that any meeting, hearing or other proceeding is not subject to the provisions of this chapter; or

      (b) Otherwise authorizes or requires a closed meeting, hearing or proceeding,

Ê prevails over the general provisions of this chapter.

      4.  The exceptions provided to this chapter, and electronic communication, must not be used to circumvent the spirit or letter of this chapter to deliberate or act, outside of an open and public meeting, upon a matter over which the public body has supervision, control, jurisdiction or advisory powers.

      Sec. 3. 1.  A member of a public body may not designate a person to attend a meeting of the public body in the place of the member unless such designation is expressly authorized by the legal authority pursuant to which the public body was created. Any such designation must be made in writing or made on the record at a meeting of the public body.

      2.  A person designated pursuant to subsection 1:

      (a) Shall be deemed to be a member of the public body for the purposes of determining a quorum at the meeting; and

 


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ê2013 Statutes of Nevada, Page 727 (Chapter 193, AB 65)ê

 

      (b) Is entitled to exercise the same powers as the regular members of the public body at the meeting.

      Sec. 4. 1.  Except as otherwise provided in subsection 4, if a public body, after providing the notice described in subsection 2, takes action in conformity with this chapter to correct an alleged violation of this chapter within 30 days after the alleged violation, the Attorney General may decide not to commence prosecution of the alleged violation if the Attorney General determines foregoing prosecution would be in the best interests of the public.

      2.  Except as otherwise provided in subsection 4, before taking any action to correct an alleged violation of this chapter, the public body must include an item on the agenda posted for the meeting at which the public body intends to take the corrective action in conformity with this chapter. The inclusion of an item on the agenda for a meeting of a public body pursuant to this subsection is not an admission of wrongdoing for the purposes of civil action, criminal prosecution or injunctive relief.

      3.  For purposes of subsection 1, the period of limitations set forth in subsection 3 of NRS 241.037 by which the Attorney General may bring suit is tolled for 30 days.

      4.  The provisions of this section do not prohibit a public body from taking action in conformity with this chapter to correct an alleged violation of the provisions of this chapter before the adjournment of the meeting at which the alleged violation occurs.

      5.  Any action taken by a public body to correct an alleged violation of this chapter by the public body is effective prospectively.

      Sec. 5. NRS 241.010 is hereby amended to read as follows:

      241.010  1.  In enacting this chapter, the Legislature finds and declares that all public bodies exist to aid in the conduct of the people’s business. It is the intent of the law that their actions be taken openly and that their deliberations be conducted openly.

      2.  If any member of a public body is present by means of teleconference or videoconference at any meeting of the public body, the public body shall ensure that all the members of the public body and the members of the public who are present at the meeting can hear or observe and participate in the meeting.

      Sec. 6. NRS 241.015 is hereby amended to read as follows:

      241.015  As used in this chapter, unless the context otherwise requires:

      1.  “Action” means:

      (a) A decision made by a majority of the members present , whether in person or by means of electronic communication, during a meeting of a public body;

      (b) A commitment or promise made by a majority of the members present , whether in person or by means of electronic communication, during a meeting of a public body;

      (c) If a public body may have a member who is not an elected official, an affirmative vote taken by a majority of the members present , whether in person or by means of electronic communication, during a meeting of the public body; or

      (d) If all the members of a public body must be elected officials, an affirmative vote taken by a majority of all the members of the public body.

 


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ê2013 Statutes of Nevada, Page 728 (Chapter 193, AB 65)ê

 

      2.  “Deliberate” means collectively to examine, weigh and reflect upon the reasons for or against the action. The term includes, without limitation, the collective discussion or exchange of facts preliminary to the ultimate decision.

      3.  “Meeting”:

      (a) Except as otherwise provided in paragraph (b), means:

             (1) The gathering of members of a public body at which a quorum is present , whether in person or by means of electronic communication, to deliberate toward a decision or to take action on any matter over which the public body has supervision, control, jurisdiction or advisory power.

             (2) Any series of gatherings of members of a public body at which:

                   (I) Less than a quorum is present , whether in person or by means of electronic communication, at any individual gathering;

                   (II) The members of the public body attending one or more of the gatherings collectively constitute a quorum; and

                   (III) The series of gatherings was held with the specific intent to avoid the provisions of this chapter.

      (b) Does not include a gathering or series of gatherings of members of a public body, as described in paragraph (a), at which a quorum is actually or collectively present [:] , whether in person or by means of electronic communication:

             (1) Which occurs at a social function if the members do not deliberate toward a decision or take action on any matter over which the public body has supervision, control, jurisdiction or advisory power.

             (2) To receive information from the attorney employed or retained by the public body regarding potential or existing litigation involving a matter over which the public body has supervision, control, jurisdiction or advisory power and to deliberate toward a decision on the matter, or both.

      [3.] 4.  Except as otherwise provided in [this subsection,] section 2 of this act, “public body” means:

      (a) Any administrative, advisory, executive or legislative body of the State or a local government consisting of at least two persons which expends or disburses or is supported in whole or in part by tax revenue or which advises or makes recommendations to any entity which expends or disburses or is supported in whole or in part by tax revenue, including, but not limited to, any board, commission, committee, subcommittee or other subsidiary thereof and includes an educational foundation as defined in subsection 3 of NRS 388.750 and a university foundation as defined in subsection 3 of NRS 396.405, if the administrative, advisory, executive or legislative body is created by:

             (1) The Constitution of this State;

             (2) Any statute of this State;

             (3) A city charter and any city ordinance which has been filed or recorded as required by the applicable law;

             (4) The Nevada Administrative Code;

             (5) A resolution or other formal designation by such a body created by a statute of this State or an ordinance of a local government;

             (6) An executive order issued by the Governor; or

             (7) A resolution or an action by the governing body of a political subdivision of this State;

      (b) Any board, commission or committee consisting of at least two persons appointed by:

 


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ê2013 Statutes of Nevada, Page 729 (Chapter 193, AB 65)ê

 

             (1) The Governor or a public officer who is under the direction of the Governor, if the board, commission or committee has at least two members who are not employees of the Executive Department of the State Government;

             (2) An entity in the Executive Department of the State Government consisting of members appointed by the Governor, if the board, commission or committee otherwise meets the definition of a public body pursuant to this subsection; or

             (3) A public officer who is under the direction of an agency or other entity in the Executive Department of the State Government consisting of members appointed by the Governor, if the board, commission or committee has at least two members who are not employed by the public officer or entity; and

      (c) A limited-purpose association that is created for a rural agricultural residential common-interest community as defined in subsection 6 of NRS 116.1201.

[Ê “Public body” does not include the Legislature of the State of Nevada.

      4.] 5.  “Quorum” means a simple majority of the constituent membership of a public body or another proportion established by law.

      Sec. 7. NRS 241.020 is hereby amended to read as follows:

      241.020  1.  Except as otherwise provided by specific statute, all meetings of public bodies must be open and public, and all persons must be permitted to attend any meeting of these public bodies. A meeting that is closed pursuant to a specific statute may only be closed to the extent specified in the statute allowing the meeting to be closed. All other portions of the meeting must be open and public, and the public body must comply with all other provisions of this chapter to the extent not specifically precluded by the specific statute. Public officers and employees responsible for these meetings shall make reasonable efforts to assist and accommodate persons with physical disabilities desiring to attend.

      2.  Except in an emergency, written notice of all meetings must be given at least 3 working days before the meeting. The notice must include:

      (a) The time, place and location of the meeting.

      (b) A list of the locations where the notice has been posted.

      (c) The name and contact information for the person designated by the public body from whom a member of the public may request the supporting material for the meeting described in subsection 5 and a list of the locations where the supporting material is available to the public.

      (d) An agenda consisting of:

             (1) A clear and complete statement of the topics scheduled to be considered during the meeting.

             (2) A list describing the items on which action may be taken and clearly denoting that action may be taken on those items by placing the term “for possible action” next to the appropriate item [.] or, if the item is placed on the agenda pursuant to section 4 of this act, by placing the term “for possible corrective action” next to the appropriate item.

             (3) Periods devoted to comments by the general public, if any, and discussion of those comments. Comments by the general public must be taken:

                   (I) At the beginning of the meeting before any items on which action may be taken are heard by the public body and again before the adjournment of the meeting; or

 


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ê2013 Statutes of Nevada, Page 730 (Chapter 193, AB 65)ê

 

                   (II) After each item on the agenda on which action may be taken is discussed by the public body, but before the public body takes action on the item.

Ê The provisions of this subparagraph do not prohibit a public body from taking comments by the general public in addition to what is required pursuant to sub-subparagraph (I) or (II). Regardless of whether a public body takes comments from the general public pursuant to sub-subparagraph (I) or (II), the public body must allow the general public to comment on any matter that is not specifically included on the agenda as an action item at some time before adjournment of the meeting. No action may be taken upon a matter raised during a period devoted to comments by the general public until the matter itself has been specifically included on an agenda as an item upon which action may be taken pursuant to subparagraph (2).

             (4) If any portion of the meeting will be closed to consider the character, alleged misconduct or professional competence of a person, the name of the person whose character, alleged misconduct or professional competence will be considered.

             (5) If, during any portion of the meeting, the public body will consider whether to take administrative action against a person, the name of the person against whom administrative action may be taken.

             (6) Notification that:

                   (I) Items on the agenda may be taken out of order;

                   (II) The public body may combine two or more agenda items for consideration; and

                   (III) The public body may remove an item from the agenda or delay discussion relating to an item on the agenda at any time.

             (7) Any restrictions on comments by the general public. Any such restrictions must be reasonable and may restrict the time, place and manner of the comments, but may not restrict comments based upon viewpoint.

      3.  Minimum public notice is:

      (a) Posting a copy of the notice at the principal office of the public body or, if there is no principal office, at the building in which the meeting is to be held, and at not less than three other separate, prominent places within the jurisdiction of the public body not later than 9 a.m. of the third working day before the meeting; and

      (b) Providing a copy of the notice to any person who has requested notice of the meetings of the public body. A request for notice lapses 6 months after it is made. The public body shall inform the requester of this fact by enclosure with, notation upon or text included within the first notice sent. The notice must be:

             (1) Delivered to the postal service used by the public body not later than 9 a.m. of the third working day before the meeting for transmittal to the requester by regular mail; or

             (2) If feasible for the public body and the requester has agreed to receive the public notice by electronic mail, transmitted to the requester by electronic mail sent not later than 9 a.m. of the third working day before the meeting.

      4.  If a public body maintains a website on the Internet or its successor, the public body shall post notice of each of its meetings on its website unless the public body is unable to do so because of technical problems relating to the operation or maintenance of its website. Notice posted pursuant to this subsection is supplemental to and is not a substitute for the minimum public notice required pursuant to subsection 3.

 


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ê2013 Statutes of Nevada, Page 731 (Chapter 193, AB 65)ê

 

minimum public notice required pursuant to subsection 3. The inability of a public body to post notice of a meeting pursuant to this subsection as a result of technical problems with its website shall not be deemed to be a violation of the provisions of this chapter.

      5.  Upon any request, a public body shall provide, at no charge, at least one copy of:

      (a) An agenda for a public meeting;

      (b) A proposed ordinance or regulation which will be discussed at the public meeting; and

      (c) Subject to the provisions of subsection 6 [,] or 7, as applicable, any other supporting material provided to the members of the public body for an item on the agenda, except materials:

             (1) Submitted to the public body pursuant to a nondisclosure or confidentiality agreement which relates to proprietary information;

             (2) Pertaining to the closed portion of such a meeting of the public body; or

             (3) Declared confidential by law, unless otherwise agreed to by each person whose interest is being protected under the order of confidentiality.

Ê The public body shall make at least one copy of the documents described in paragraphs (a), (b) and (c) available to the public at the meeting to which the documents pertain. As used in this subsection, “proprietary information” has the meaning ascribed to it in NRS 332.025.

      6.  A copy of supporting material required to be provided upon request pursuant to paragraph (c) of subsection 5 must be:

      (a) If the supporting material is provided to the members of the public body before the meeting, made available to the requester at the time the material is provided to the members of the public body; or

      (b) If the supporting material is provided to the members of the public body at the meeting, made available at the meeting to the requester at the same time the material is provided to the members of the public body.

Ê If the requester has agreed to receive the information and material set forth in subsection 5 by electronic mail, the public body shall, if feasible, provide the information and material by electronic mail.

      7.  The governing body of a county or city whose population is 45,000 or more shall post the supporting material described in paragraph (c) of subsection 5 to its website not later than the time the material is provided to the members of the governing body or, if the supporting material is provided to the members of the governing body at a meeting, not later than 24 hours after the conclusion of the meeting. Such posting is supplemental to the right of the public to request the supporting material pursuant to subsection 5. The inability of the governing body, as a result of technical problems with its website, to post supporting material pursuant to this subsection shall not be deemed to be a violation of the provisions of this chapter.

      8.  A public body may provide the public notice, information [and] or supporting material required by this section by electronic mail. [If] Except as otherwise provided in this subsection, if a public body makes such notice, information [and] or supporting material available by electronic mail, the public body shall inquire of a person who requests the notice, information or supporting material if the person will accept receipt by electronic mail. If a public body is required to post the public notice, information or supporting material on its website pursuant to this section, the public body shall inquire of a person who requests the notice, information or supporting material if the person will accept by electronic mail a link to the posting on the website when the documents are made available.

 


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ê2013 Statutes of Nevada, Page 732 (Chapter 193, AB 65)ê

 

inquire of a person who requests the notice, information or supporting material if the person will accept by electronic mail a link to the posting on the website when the documents are made available. The inability of a public body, as a result of technical problems with its electronic mail system, to provide a public notice, information or supporting material or a link to a website required by this section to a person who has agreed to receive such notice, information [or] , supporting material or link by electronic mail shall not be deemed to be a violation of the provisions of this chapter.

      [8.] 9.  As used in this section, “emergency” means an unforeseen circumstance which requires immediate action and includes, but is not limited to:

      (a) Disasters caused by fire, flood, earthquake or other natural causes; or

      (b) Any impairment of the health and safety of the public.

      Sec. 8. NRS 241.030 is hereby amended to read as follows:

      241.030  1.  Except as otherwise provided in this section and NRS 241.031 and 241.033, a public body may hold a closed meeting to:

      (a) Consider the character, alleged misconduct, professional competence, or physical or mental health of a person.

      (b) Prepare, revise, administer or grade examinations that are conducted by or on behalf of the public body.

      (c) Consider an appeal by a person of the results of an examination that was conducted by or on behalf of the public body, except that any action on the appeal must be taken in an open meeting and the identity of the appellant must remain confidential.

      2.  A person whose character, alleged misconduct, professional competence, or physical or mental health will be considered by a public body during a meeting may waive the closure of the meeting and request that the meeting or relevant portion thereof be open to the public. A request described in this subsection:

      (a) May be made at any time before or during the meeting; and

      (b) Must be honored by the public body unless the consideration of the character, alleged misconduct, professional competence, or physical or mental health of the requester involves the appearance before the public body of another person who does not desire that the meeting or relevant portion thereof be open to the public.

      3.  A public body may close a meeting pursuant to subsection 1 upon a motion which specifies:

      (a) The nature of the business to be considered; and

      (b) The statutory authority pursuant to which the public body is authorized to close the meeting.

      4.  [Except as otherwise provided in this subsection, meetings of a public body that are quasi-judicial in nature are subject to the provisions of this chapter. The provisions of this subsection do not apply to meetings of the State Board of Parole Commissioners when acting to grant, deny, continue or revoke parole of a prisoner or to establish or modify the terms of the parole of a prisoner.

      5.]  This chapter does not:

      (a) [Apply to judicial proceedings.

      (b)] Prevent the removal of any person who willfully disrupts a meeting to the extent that its orderly conduct is made impractical.

      [(c)] (b) Prevent the exclusion of witnesses from a public or [private] closed meeting during the examination of another witness.

 


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ê2013 Statutes of Nevada, Page 733 (Chapter 193, AB 65)ê

 

      [(d)] (c) Require that any meeting be closed to the public.

      [(e)] (d) Permit a closed meeting for the discussion of the appointment of any person to public office or as a member of a public body.

      [6.  The exceptions provided by this section, and electronic communication, must not be used to circumvent the spirit or letter of this chapter to act, outside of an open and public meeting, upon a matter over which the public body has supervision, control, jurisdiction or advisory powers.]

      Sec. 9. NRS 241.035 is hereby amended to read as follows:

      241.035  1.  Each public body shall keep written minutes of each of its meetings, including:

      (a) The date, time and place of the meeting.

      (b) Those members of the public body who were present , whether in person or by means of electronic communication, and those who were absent.

      (c) The substance of all matters proposed, discussed or decided and, at the request of any member, a record of each member’s vote on any matter decided by vote.

      (d) The substance of remarks made by any member of the general public who addresses the public body if the member of the general public requests that the minutes reflect those remarks or, if the member of the general public has prepared written remarks, a copy of the prepared remarks if the member of the general public submits a copy for inclusion.

      (e) Any other information which any member of the public body requests to be included or reflected in the minutes.

      2.  Minutes of public meetings are public records. Minutes or audiotape recordings of the meetings must be made available for inspection by the public within 30 working days after the adjournment of the meeting at which taken. The minutes shall be deemed to have permanent value and must be retained by the public body for at least 5 years. Thereafter, the minutes may be transferred for archival preservation in accordance with NRS 239.080 to 239.125, inclusive. Minutes of meetings closed pursuant to:

      (a) Paragraph (a) of subsection 1 of NRS 241.030 become public records when the public body determines that the matters discussed no longer require confidentiality and the person whose character, conduct, competence or health was considered has consented to their disclosure. That person is entitled to a copy of the minutes upon request whether or not they become public records.

      (b) Paragraph (b) of subsection 1 of NRS 241.030 become public records when the public body determines that the matters discussed no longer require confidentiality.

      (c) Paragraph (c) of subsection 1 of NRS 241.030 become public records when the public body determines that the matters considered no longer require confidentiality and the person who appealed the results of the examination has consented to their disclosure, except that the public body shall remove from the minutes any references to the real name of the person who appealed the results of the examination. That person is entitled to a copy of the minutes upon request whether or not they become public records.

      3.  All or part of any meeting of a public body may be recorded on audiotape or any other means of sound or video reproduction by a member of the general public if it is a public meeting so long as this in no way interferes with the conduct of the meeting.

 


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      4.  Except as otherwise provided in subsection 6, a public body shall, for each of its meetings, whether public or closed, record the meeting on audiotape or another means of sound reproduction or cause the meeting to be transcribed by a court reporter who is certified pursuant to chapter 656 of NRS. If a public body makes an audio recording of a meeting or causes a meeting to be transcribed pursuant to this subsection, the audio recording or transcript:

      (a) Must be retained by the public body for at least 1 year after the adjournment of the meeting at which it was recorded or transcribed;

      (b) Except as otherwise provided in this section, is a public record and must be made available for inspection by the public during the time the recording or transcript is retained; and

      (c) Must be made available to the Attorney General upon request.

      5.  Except as otherwise provided in subsection 6, any portion of a public meeting which is closed must also be recorded or transcribed and the recording or transcript must be retained and made available for inspection pursuant to the provisions of subsection 2 relating to records of closed meetings. Any recording or transcript made pursuant to this subsection must be made available to the Attorney General upon request.

      6.  If a public body makes a good faith effort to comply with the provisions of subsections 4 and 5 but is prevented from doing so because of factors beyond the public body’s reasonable control, including, without limitation, a power outage, a mechanical failure or other unforeseen event, such failure does not constitute a violation of the provisions of this chapter.

      Sec. 10. NRS 241.037 is hereby amended to read as follows:

      241.037  1.  The Attorney General may sue in any court of competent jurisdiction to have an action taken by a public body declared void or for an injunction against any public body or person to require compliance with or prevent violations of the provisions of this chapter. The injunction:

      (a) May be issued without proof of actual damage or other irreparable harm sustained by any person.

      (b) Does not relieve any person from criminal prosecution for the same violation.

      2.  Any person denied a right conferred by this chapter may sue in the district court of the district in which the public body ordinarily holds its meetings or in which the plaintiff resides. A suit may seek to have an action taken by the public body declared void, to require compliance with or prevent violations of this chapter or to determine the applicability of this chapter to discussions or decisions of the public body. The court may order payment of reasonable attorney’s fees and court costs to a successful plaintiff in a suit brought under this subsection.

      3.  Except as otherwise provided in section 4 of this act:

      (a) Any suit brought against a public body pursuant to subsection 1 or 2 to require compliance with the provisions of this chapter must be commenced within 120 days after the action objected to was taken by that public body in violation of this chapter.

      (b) Any such suit brought to have an action declared void must be commenced within 60 days after the action objected to was taken.

      Sec. 11. NRS 241.039 is hereby amended to read as follows:

      241.039  1.  [The] Except as otherwise provided in section 4 of this act, the Attorney General shall investigate and prosecute any violation of this chapter.

 


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ê2013 Statutes of Nevada, Page 735 (Chapter 193, AB 65)ê

 

      2.  In any investigation conducted pursuant to subsection 1, the Attorney General may issue subpoenas for the production of any relevant documents, records or materials.

      3.  A person who willfully fails or refuses to comply with a subpoena issued pursuant to this section is guilty of a misdemeanor.

      Sec. 12.  This act becomes effective on July 1, 2013.

________

CHAPTER 194, AB 109

Assembly Bill No. 109–Assemblymen Bobzien, Elliot Anderson, Kirkpatrick, Eisen; and Diaz

 

Joint Sponsors: Senators Denis and Smith

 

CHAPTER 194

 

[Approved: May 28, 2013]

 

AN ACT relating to public welfare; setting forth the required qualifications of a licensee of a child care facility, or a person appointed by the licensee, who is responsible for the daily operation, administration or management of the child care facility; revising the amount of training that persons who are employed at certain child care facilities must complete for certain years; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law requires the State Board of Health to adopt licensing standards for child care facilities. (NRS 432A.077) The Board currently requires each director of a child care facility, other than a facility that provides care for ill children, an accommodation facility, a special needs facility or a family or group home, to be at least 21 years of age and to meet certain requirements for education and experience. (NAC 432A.300) Section 1 of this bill requires a licensee of a child care facility, or a person appointed by the licensee, who is responsible for the daily operation, administration or management of a child care facility to: (1) be at least 21 years of age; (2) have certain verified experience or training in business administration; (3) apply to the Nevada Registry and annually renew his or her registration with the Nevada Registry; and (4) meet certain increased requirements for education and experience. Section 3 of this bill provides that these requirements do not apply to a person who has been approved as a director before the effective date of this bill if that person obtains a waiver from the Health Division of the Department of Health and Human Services or, if that person does not obtain such a waiver, until January 1, 2016.

      Existing law requires any person who is employed in a child care facility, other than a facility that provides care for ill children, to complete at least 15 hours of training annually. (NRS 432A.1775) Section 2 of this bill increases the amount of training required for each person employed in a child care facility that provides care for more than 12 children, other than a facility that provides care for ill children, each year between January 1, 2014, and January 1, 2016. On and after January 1, 2016, section 2 requires each such person to complete at least 24 hours of training annually.

 


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ê2013 Statutes of Nevada, Page 736 (Chapter 194, AB 109)ê

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 432A of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A licensee of a child care facility, or a person appointed by the licensee, who is responsible for the daily operation, administration or management of a child care facility must:

      (a) Be at least 21 years of age and:

             (1) Hold an associate’s degree or a higher degree in early childhood education and have at least 1,000 hours of verifiable experience in a child care facility;

             (2) Hold an associate’s degree or a higher degree in any field other than early childhood education, have completed at least 15 semester hours in early childhood education or related courses and have at least 2,000 hours of verifiable experience in a child care facility;

             (3) Hold a high school diploma or, if approved by the Administrator of the Health Division, a general educational development certificate, have completed at least 15 semester hours in early childhood education or related courses and have at least 3,000 hours of experience in a child care facility;

             (4) Hold a current credential as a “Child Development Associate” with an endorsement for preschool age children or infants or toddlers, as appropriate, which has been issued by the Council for Professional Recognition, or its successor organization, and have at least 2,000 hours of verifiable experience in a child care facility; or

             (5) Have a combination of education and experience which, in the judgment of the Administrator of the Health Division, is equivalent to that required by subparagraph (1), (2), (3) or (4);

      (b) Have at least 1,000 verifiable hours in an administrative position or have completed a course or other training in business administration; and

      (c) Within 90 days after the licensee or person appointed by the licensee commences service as the director of a child care facility, apply to the Nevada Registry or its successor organization, and annually renew his or her registration before the date on which it expires.

      2.  As used in this section, “Nevada Registry” means the organization that operates the statewide system of career development and recognition created to:

      (a) Acknowledge and encourage professional achievement in the early childhood care and education workforce in this State;

      (b) Establish a professional development system in this State for the field of early childhood care and education;

      (c) Approve and track all informal training in the field of early childhood care and education in this State; and

      (d) Act as a statewide clearinghouse of information concerning the field of early childhood care and education.

      Sec. 2. NRS 432A.1775 is hereby amended to read as follows:

      432A.1775  1.  Each person who is employed in a child care facility [,] that provides care for more than 12 children, other than in a facility that provides care for ill children, shall complete :

 


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ê2013 Statutes of Nevada, Page 737 (Chapter 194, AB 109)ê

 

      (a) Before January 1, 2014, at least 15 hours of training [each year.] ;

      (b) On or after January 1, 2014, and before January 1, 2015, at least 18 hours of training;

      (c) On or after January 1, 2015, and before January 1, 2016, at least 21 hours of training; and

      (d) On or after January 1, 2016, 24 hours of training each year.

      2.  Except as otherwise provided in subsection 1, each person who is employed in any child care facility, other than in a facility that provides care for ill children, shall complete at least 15 hours of training each year.

      3.  At least 2 hours of [such] the training required by subsections 1 and 2 each year must be devoted to the lifelong wellness, health and safety of children and must include training relating to childhood obesity, nutrition and physical activity.

      Sec. 2.5. NRS 432A.220 is hereby amended to read as follows:

      432A.220  Any person who operates a child care facility without a license issued pursuant to NRS 432A.131 to 432A.220, inclusive, and section 1 of this act is guilty of a misdemeanor.

      Sec. 3.  A person who, before the effective date of this act and in accordance with regulations adopted by the State Board of Health, was approved as the director of a child care facility is not required to comply with the requirements set forth in section 1 of this act:

      1.  If the person obtains a waiver from the Health Division of the Department of Health and Human Services; or

      2.  If the person does not obtain such a waiver until January 1, 2016.

      Sec. 4.  This act becomes effective upon passage and approval.

________

CHAPTER 195, AB 173

Assembly Bill No. 173–Assemblymen Healey, Kirkpatrick; Elliot Anderson, Bustamante Adams, Carrillo, Diaz, Frierson, Livermore, Martin, Neal, Oscarson, Pierce and Spiegel

 

CHAPTER 195

 

[Approved: May 28, 2013]

 

AN ACT relating to electric utilities; prohibiting certain electric utilities from requiring that residential customers pay certain electric service rates based on the time of use of electricity; prohibiting the Public Utilities Commission of Nevada, except under certain circumstances, from approving any change of schedule or imposition of an electric service rate by an electric utility which requires residential customers to pay rates based on the time of use of the electricity; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law prohibits a public utility from making changes to any schedule of rates or imposing any rate on its customers without the approval of the Public Utilities Commission of Nevada. (NRS 704.061-704.140) Section 4 of this bill prohibits an electric utility which, in the most recently completed calendar year or in any other calendar year within the 7 calendar years immediately preceding the most recently completed calendar year, had a gross operating revenue of $250,000,000 or more in this State, from making changes in any schedule or imposing any rate which requires a residential customer to purchase electric service at a rate which is based on the time during which the electricity is used.

 


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ê2013 Statutes of Nevada, Page 738 (Chapter 195, AB 173)ê

 

requires a residential customer to purchase electric service at a rate which is based on the time during which the electricity is used. Section 4 also prohibits the Commission from approving any such changes in any schedule or authorizing the imposition of any such rate by an electric utility, except that the Commission may approve such a change in a schedule or authorize the imposition of such a rate if the approval or authorization is conditioned upon an election by a residential customer to purchase electric service at such a rate.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 703.130 is hereby amended to read as follows:

      703.130  1.  The Commission shall, within the limits of legislative appropriations or authorizations, employ and fix the salaries of or contract for the services of such professional, technical and operational personnel and consultants as the execution of its duties and the operation of the Commission may require.

      2.  The Commission shall appoint an Executive Director, who must be:

      (a) Knowledgeable and experienced in public administration and fiscal management;

      (b) Knowledgeable in the areas of utility regulation by the Commission; and

      (c) Independent of and have no pecuniary interest in any entity regulated by the Commission.

      3.  The Executive Director shall:

      (a) Serve as Chief Financial Officer for the Commission;

      (b) Direct the daily operation of the Commission, including, without limitation:

             (1) Budget preparation;

             (2) Administration;

             (3) Human resources;

             (4) Purchases and acquisitions made by the Commission; and

             (5) Contracts and leases entered into by the Commission;

      (c) Develop and implement policies and procedures to ensure the efficient operation of the Commission;

      (d) Oversee:

             (1) The review of applications for certificates, permits and modifications of tariffs;

             (2) The maintenance of a hearing calendar of all matters pending before the Commission; and

             (3) Compliance with and enforcement of statutes and regulations pertaining to utilities which are regulated by the Commission; and

      (e) Authenticate documents and serve as custodian of all agency records.

      4.  The Executive Director is in the unclassified service of the State.

      5.  The Executive Director, with the approval of the Commission, shall designate a Secretary who shall perform such administrative and other duties as are prescribed by the Executive Director. The Executive Director, with the approval of the Commission, shall also designate an Assistant Secretary.

      6.  The Executive Director may employ such other clerks, experts or engineers as may be necessary.

      7.  Except as otherwise provided in subsection 8, the Commission:

 


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ê2013 Statutes of Nevada, Page 739 (Chapter 195, AB 173)ê

 

      (a) May appoint one or more hearing officers for a period specified by the Commission to conduct proceedings or hearings that may be conducted by the Commission pursuant to NRS 702.160 and 702.170 and chapters 704, 704A, 704B, 705, 708 and 711 of NRS.

      (b) Shall prescribe by regulation the procedure for appealing a decision of a hearing officer to the Commission.

      8.  The Commission shall not appoint a hearing officer to conduct proceedings or hearings:

      (a) In any matter pending before the Commission pursuant to NRS 704.7561 to 704.7595, inclusive; or

      (b) In any matter pending before the Commission pursuant to NRS 704.061 to 704.110, inclusive, and section 4 of this act in which an electric utility has filed a general rate application or an annual deferred energy accounting adjustment application.

      9.  As used in this section, “electric utility” has the meaning ascribed to it in NRS 704.187.

      Sec. 2. NRS 703.320 is hereby amended to read as follows:

      703.320  Except as otherwise provided in subsections 9 and 11 of NRS 704.110:

      1.  In any matter pending before the Commission, if a hearing is required by a specific statute or is otherwise required by the Commission, the Commission shall give notice of the pendency of the matter to all persons entitled to notice of the hearing. The Commission shall by regulation specify:

      (a) The manner of giving notice in each type of proceeding; and

      (b) The persons entitled to notice in each type of proceeding.

      2.  The Commission shall not dispense with a hearing:

      (a) In any matter pending before the Commission pursuant to NRS 704.7561 to 704.7595, inclusive; or

      (b) Except as otherwise provided in paragraph (f) of subsection 1 of NRS 704.100, in any matter pending before the Commission pursuant to NRS 704.061 to 704.110, inclusive, and section 4 of this act in which an electric utility has filed a general rate application or an annual deferred energy accounting adjustment application pursuant to NRS 704.187.

      3.  In any other matter pending before the Commission, the Commission may dispense with a hearing and act upon the matter pending unless, within 10 days after the date of the notice of pendency, a person entitled to notice of the hearing files with the Commission a request that the hearing be held. If such a request for a hearing is filed, the Commission shall give at least 10 days’ notice of the hearing.

      4.  As used in this section, “electric utility” has the meaning ascribed to it in NRS 704.187.

      Sec. 3. NRS 703.374 is hereby amended to read as follows:

      703.374  1.  A court of competent jurisdiction, after hearing, may issue an injunction suspending or staying any final order of the Commission if:

      (a) The applicant has filed a motion for a preliminary injunction;

      (b) The applicant has served the motion on the Commission and other interested parties within 20 days after the rendition of the order on which the complaint is based;

      (c) The court finds there is a reasonable likelihood that the applicant will prevail on the merits of the matter and will suffer irreparable injury if injunctive relief is not granted; and

 


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ê2013 Statutes of Nevada, Page 740 (Chapter 195, AB 173)ê

 

      (d) The applicant files a bond or other undertaking to secure the adverse parties in such manner as the court finds sufficient.

      2.  The decision of the Commission on each matter considered shall be deemed reasonable and just until set aside by the court. In all actions for an injunction or for any other relief, the burden of proof is upon the party attacking or resisting the order of the Commission to show by clear and satisfactory evidence that the order is unlawful or unreasonable.

      3.  If an injunction is granted by the court and the order complained of is one which:

      (a) Disapproves a public utility’s proposed changes in a schedule of rates, or any part thereof, pursuant to NRS 704.061 to 704.110, inclusive [;] , and section 4 of this act; or

      (b) Otherwise prevents the proposed changes in the schedule, or any part thereof, from taking effect,

Ê the public utility complaining may place into effect the proposed changes in the schedule, or any part thereof, pending final determination by the court having jurisdiction, by filing a bond with the court in such an amount as the court may fix, conditioned upon the refund to persons entitled to the excess amount if the proposed changes in the schedule, or any part thereof, are finally determined by the court to be excessive.

      Sec. 4. Chapter 704 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  An electric utility shall not make changes in any schedule or impose any rate, and the Commission shall not approve any changes in any schedule or authorize the imposition of any rate by an electric utility, which requires a residential customer to purchase electric service at a rate which is based on the time of day, day of the week or time of year during which the electricity is used or which otherwise varies based upon the time during which the electricity is used, except that the Commission may approve such a change in a schedule or authorize the imposition of such a rate if the approval or authorization is conditioned upon an election by a residential customer to purchase electric service at such a rate.

      2.  As used in this section, “electric utility” has the meaning ascribed to it in NRS 704.187.

      Sec. 5. NRS 704.061 is hereby amended to read as follows:

      704.061  As used in NRS 704.061 to 704.110, inclusive, and section 4 of this act, unless the context otherwise requires, the words and terms defined in NRS 704.062, 704.065 and 704.066 have the meanings ascribed to them in those sections.

      Sec. 6. NRS 704.068 is hereby amended to read as follows:

      704.068  For the purposes of NRS 704.061 to 704.110, inclusive, and section 4 of this act, a public utility shall be deemed to make changes in a schedule if the public utility implements a new schedule or amends an existing schedule.

      Sec. 7. NRS 704.069 is hereby amended to read as follows:

      704.069  1.  Except as otherwise provided in subsections 9 and 11 of NRS 704.110, the Commission shall conduct a consumer session to solicit comments from the public in any matter pending before the Commission pursuant to NRS 704.061 to 704.110, inclusive, and section 4 of this act in which:

      (a) A public utility has filed a general rate application, an application to recover the increased cost of purchased fuel, purchased power, or natural gas purchased for resale, an annual deferred energy accounting adjustment application pursuant to NRS 704.187 or an annual rate adjustment application; and

 


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ê2013 Statutes of Nevada, Page 741 (Chapter 195, AB 173)ê

 

purchased for resale, an annual deferred energy accounting adjustment application pursuant to NRS 704.187 or an annual rate adjustment application; and

      (b) The changes proposed in the application will result in an increase in annual gross operating revenue, as certified by the applicant, in an amount that will exceed $50,000 or 10 percent of the applicant’s annual gross operating revenue, whichever is less.

      2.  In addition to the case-specific consumer sessions required by subsection 1, the Commission shall, during each calendar year, conduct at least one general consumer session in the county with the largest population in this State and at least one general consumer session in the county with the second largest population in this State. At each general consumer session, the Commission shall solicit comments from the public on issues concerning public utilities. Not later than 60 days after each general consumer session, the Commission shall submit the record from the general consumer session to the Legislative Commission.

      Sec. 8. NRS 228.360 is hereby amended to read as follows:

      228.360  1.  The Consumer’s Advocate:

      (a) Shall intervene in and represent the public interest in:

             (1) All proceedings conducted pursuant to NRS 704.7561 to 704.7595, inclusive; and

             (2) All proceedings conducted pursuant to NRS 704.061 to 704.110, inclusive, and section 4 of this act in which an electric utility has filed a general rate application or an annual deferred energy accounting adjustment application.

      (b) May, with respect to all public utilities except railroads and cooperative utilities, and except as otherwise provided in NRS 228.380:

             (1) Conduct or contract for studies, surveys, research or expert testimony relating to matters affecting the public interest or the interests of utility customers.

             (2) Examine any books, accounts, minutes, records or other papers or property of any public utility subject to the regulatory authority of the Public Utilities Commission of Nevada in the same manner and to the same extent as authorized by law for members of the Public Utilities Commission of Nevada and its staff.

             (3) Except as otherwise provided in paragraph (a), petition for, request, initiate, appear or intervene in any proceeding concerning rates, charges, tariffs, modifications of service or any related matter before the Public Utilities Commission of Nevada or any court, regulatory body, board, commission or agency having jurisdiction over any matter which the Consumer’s Advocate may bring before or has brought before the Public Utilities Commission of Nevada or in which the public interest or the interests of any particular class of utility customers are involved. The Consumer’s Advocate may represent the public interest or the interests of any particular class of utility customers in any such proceeding, and the Consumer’s Advocate is a real party in interest in the proceeding.

      2.  As used in this section, “electric utility” has the meaning ascribed to it in NRS 704.187.

      Sec. 9.  This act becomes effective upon passage and approval.

________

 


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ê2013 Statutes of Nevada, Page 742ê

 

CHAPTER 196, AB 210

Assembly Bill No. 210–Committee on Education

 

CHAPTER 196

 

[Approved: May 28, 2013]

 

AN ACT relating to education; requiring an individualized education program team to consider certain factors when developing an individualized education program for a pupil with a hearing impairment; requiring that minimum standards for the special education of pupils with hearing impairments prescribed by the State Board of Education include certain provisions; requiring the Department of Education to post certain information relating to children with disabilities on the Department’s Internet website; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing federal law prescribes certain requirements for the education of pupils with disabilities pursuant to the Individuals with Disabilities Education Act, including an individual education program for each pupil with a disability developed by an individualized education program team composed of certain persons. (20 U.S.C. § 1414) Section 1 of this bill requires an individualized education program team to consider certain factors when developing an individualized education program for a pupil with a hearing impairment. Additionally, section 1 authorizes the team to consider certain factors when determining the best feasible instruction for a pupil with a hearing impairment.

      Existing law requires the State Board of Education to prescribe minimum standards for programs of instruction or special services for the purpose of serving pupils with disabilities. (NRS 388.520) Section 3 of this bill provides that the minimum standards prescribed by the State Board for the special education of pupils with hearing impairments must provide: (1) that a pupil with a hearing impairment cannot be denied the opportunity for instruction in a particular communication mode, for example, American Sign Language, solely because the communication mode originally chosen for the pupil is different from a communication mode recommended by the pupil’s individualized education program team; and (2) that, to the extent feasible, as determined by the board of trustees of the school district, a school is required to provide instruction to such pupils in more than one communication mode.

      The Individuals with Disabilities Education Act requires each state to submit annually to the United States Secretary of Education data relating to the number and percentage of children with disabilities who are receiving special education and services in the state. (20 U.S.C. § 1418) Section 3 of this bill requires the Department to post the information that is submitted to the Secretary on the Internet website maintained by the Department within 30 days after submission to the Secretary.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 388 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  When developing an individualized education program for a pupil with a hearing impairment in accordance with NRS 388.520, the pupil’s individualized education program team shall consider, without limitation:

 


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ê2013 Statutes of Nevada, Page 743 (Chapter 196, AB 210)ê

 

      (a) The related services and program options that provide the pupil with an appropriate and equal opportunity for communication access;

      (b) The pupil’s primary communication mode;

      (c) The availability to the pupil of a sufficient number of age, cognitive, academic and language peers of similar abilities;

      (d) The availability to the pupil of adult models who are deaf or hearing impaired and who use the pupil’s primary communication mode;

      (e) The availability of special education teachers, interpreters and other special education personnel who are proficient in the pupil’s primary communication mode;

      (f) The provision of academic instruction, school services and direct access to all components of the educational process, including, without limitation, advanced placement courses, career and technical education courses, recess, lunch, extracurricular activities and athletic activities;

      (g) The preferences of the parent or guardian of the pupil concerning the best feasible services, placement and content of the pupil’s individualized education program; and

      (h) The appropriate assistive technology necessary to provide the pupil with an appropriate and equal opportunity for communication access.

      2.  When determining the best feasible instruction to be provided to the pupil in his or her primary communication mode, the pupil’s individualized education program team may consider, without limitation:

      (a) Changes in the pupil’s hearing or vision;

      (b) Development in or availability of assistive technology;

      (c) The physical design and acoustics of the learning environment; and

      (d) The subject matter of the instruction to be provided.

      Sec. 2. NRS 388.440 is hereby amended to read as follows:

      388.440  As used in NRS 388.440 to 388.5317, inclusive [:] , and section 1 of this act:

      1.  “Communication mode” means any system or method of communication used by a person who is deaf or whose hearing is impaired to facilitate communication which may include, without limitation:

      (a) American Sign Language;

      (b) English-based manual or sign systems;

      (c) Oral and aural communication;

      (d) Spoken and written English, including speech reading or lip reading; and

      (e) Communication with assistive technology devices.

      2.  “Gifted and talented pupil” means a person under the age of 18 years who demonstrates such outstanding academic skills or aptitudes that the person cannot progress effectively in a regular school program and therefore needs special instruction or special services.

      [2.]3.  “Individualized education program” has the meaning ascribed to it in 20 U.S.C. § 1414(d)(1)(A).

      4.  “Individualized education program team” has the meaning ascribed to it in 20 U.S.C. § 1414(d)(1)(B).

      5.  “Pupil who receives early intervening services” means a person enrolled in kindergarten or grades 1 to 12, inclusive, who is not a pupil with a disability but who needs additional academic and behavioral support to succeed in a regular school program.

      [3.]6.  “Pupil with a disability” means a person under the age of 22 years who deviates either educationally, physically, socially or emotionally so markedly from normal patterns that the person cannot progress effectively in a regular school program and therefore needs special instruction or special services.

 


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ê2013 Statutes of Nevada, Page 744 (Chapter 196, AB 210)ê

 

so markedly from normal patterns that the person cannot progress effectively in a regular school program and therefore needs special instruction or special services.

      Sec. 3. NRS 388.520 is hereby amended to read as follows:

      388.520  1.  The Department shall:

      (a) Prescribe a form that contains the basic information necessary for the uniform development, review and revision of an individualized education program for a pupil with a disability in accordance with 20 U.S.C. § 1414(d); and

      (b) Make the form available on a computer disc for use by school districts and, upon request, in any other manner deemed reasonable by the Department.

      2.  Except as otherwise provided in this subsection, each school district shall ensure that the form prescribed by the Department is used for the development, review and revision of an individualized education program for each pupil with a disability who receives special education in the school district. A school district may use an expanded form that contains additions to the form prescribed by the Department if the basic information contained in the expanded form complies with the form prescribed by the Department.

      3.  The State Board:

      (a) Shall prescribe minimum standards for the special education of pupils with disabilities and gifted and talented pupils.

      (b) May prescribe minimum standards for the provision of early intervening services.

      4.  The minimum standards prescribed by the State Board must include standards for programs of instruction or special services maintained for the purpose of serving pupils with:

      (a) Hearing impairments, including, but not limited to, deafness.

      (b) Visual impairments, including, but not limited to, blindness.

      (c) Orthopedic impairments.

      (d) Speech and language impairments.

      (e) Mental retardation.

      (f) Multiple impairments.

      (g) Serious emotional disturbances.

      (h) Other health impairments.

      (i) Specific learning disabilities.

      (j) Autism spectrum disorders.

      (k) Traumatic brain injuries.

      (l) Developmental delays.

      (m) Gifted and talented abilities.

      5.  The minimum standards prescribed by the State Board for pupils with hearing impairments, including, without limitation, deafness, pursuant to paragraph (a) of subsection 4 must provide:

      (a) That a pupil cannot be denied the opportunity for instruction in a particular communication mode solely because the communication mode originally chosen for the pupil is different from a communication mode recommended by the pupil’s individualized education program team; and

      (b) That, to the extent feasible, as determined by the board of trustees of the school district, a school is required to provide instruction to those pupils in more than one communication mode.

      6.  No apportionment of state money may be made to any school district or charter school for the instruction of pupils with disabilities and gifted and talented pupils until the program of instruction maintained therein for such pupils is approved by the Superintendent of Public Instruction as meeting the minimum standards prescribed by the State Board.

 


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ê2013 Statutes of Nevada, Page 745 (Chapter 196, AB 210)ê

 

talented pupils until the program of instruction maintained therein for such pupils is approved by the Superintendent of Public Instruction as meeting the minimum standards prescribed by the State Board.

      [6.]7. The Department shall, upon the request of the board of trustees of a school district, provide information to the board of trustees concerning the identification and evaluation of pupils with disabilities in accordance with the standards prescribed by the State Board.

      [7.  As used in this section, “individualized education program” has the meaning ascribed to it in 20 U.S.C. § 1414(d)(1)(A).]

      8.  The Department shall post on the Internet website maintained by the Department the data that is submitted to the United States Secretary of Education pursuant to 20 U.S.C. § 1418 within 30 days after submission of the data to the Secretary in a manner that does not result in the disclosure of data that is identifiable to an individual pupil.

      Sec. 4. NRS 388.524 and 388.5245 are hereby repealed.

      Sec. 5.  This act becomes effective on July 1, 2013.

________

CHAPTER 197, AB 221

Assembly Bill No. 221–Assemblymen Dondero Loop, Kirkpatrick and Eisen

 

CHAPTER 197

 

[Approved: May 28, 2013]

 

AN ACT relating to public welfare; requiring the Director of the Department of Health and Human Services to issue a request for information to determine the availability, cost and appropriateness of certain measures to revise the manner in which payments are reviewed and made to providers under Medicaid and the Children’s Health Insurance Program; requiring the Director to submit a report of the responses to the Legislative Committee on Health Care; and providing other matters properly related thereto.

 

Legislative Counsel’s Digest:

      Under existing law, Medicaid and the Children’s Health Insurance Program are administered by the Department of Health and Human Services. (NRS 422.270) This bill requires the Director of the Department to issue a request for information to determine the availability and cost of technology, data verification and resources to assist the Department in reducing waste, fraud and abuse under Medicaid and the Children’s Health Insurance Program. The request issued by the Director is specifically required to seek information on strategies for determining the validity of claims for payment for services to recipients of Medicaid or the Children’s Health Insurance Program before payments are sent to reimburse providers. This bill also requires the Director to review the responses to the request for information to determine measures that may be taken to reduce waste, fraud and abuse under Medicaid and the Children’s Health Insurance Program and to submit a report of the responses to the Legislative Committee on Health Care.

 


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ê2013 Statutes of Nevada, Page 746 (Chapter 197, AB 221)ê

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  On or before January 1, 2014, the Director of the Department of Health and Human Services or his or her designee shall issue a request for information to determine the availability and cost of technology, data verification and resources to assist the Department in reducing waste, fraud and abuse under Medicaid and the Children’s Health Insurance Program. The request must seek information concerning strategies for determining the validity of claims for payment for services to recipients of Medicaid or the Children’s Health Insurance Program before such payments are sent to reimburse providers.

      2.  The request issued pursuant to subsection 1 must seek information concerning technology that is capable of being integrated into the existing system that is used to evaluate claims for payment of services provided to recipients of Medicaid and the Children’s Health Insurance Program. The information must inform the Department whether the technology will provide the ability for the Department to make predictions about and analyze data before payments are made for such claims for payment, including, without limitation, the ability to:

      (a) Automatically analyze billing or utilization patterns by providers and recipients of Medicaid and the Children’s Health Insurance Program to identify possible waste, fraud and abuse;

      (b) Identify specific transactions to be subject to additional review based on the likelihood of potential waste, fraud or abuse and, to the extent possible, automatically identify and authorize payment for transactions that are not wasteful, fraudulent or abusive;

      (c) Prevent the payment of claims for services that have been identified as potentially wasteful, fraudulent or abusive until the claims have been confirmed as valid; and

      (d) Collect and analyze information regarding the outcomes of appeals conducted pursuant to NRS 422.276 regarding denials of claims for payment of services to determine whether better predictions and analysis may be achieved.

      3.  The request issued pursuant to subsection 1 must seek information concerning technology that is capable of verifying data regarding providers for and recipients of Medicaid and the Children’s Health Insurance Program using publicly available records. The information must inform the Department whether such technology may be used to automate the review of transactions with those programs and to identify and prevent wasteful, fraudulent and abusive payments by identifying:

      (a) Associations between providers, practitioners and recipients which indicate that any of those persons are acting in collusion with each other to engage in fraudulent practices; and

 

 

 

 

 


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ê2013 Statutes of Nevada, Page 747 (Chapter 197, AB 221)ê

 

      (b) Potential factors that would disqualify a person from eligibility for Medicaid or the Children’s Health Insurance Program, which may include, without limitation, death, residence outside this State, ownership of too many assets and incarceration.

      4.  The request issued pursuant to subsection 1 must seek information concerning other fraud investigation services that combine a retrospective analysis of claims for payment of services under Medicaid and the Children’s Health Insurance Program and prospective detection of waste, fraud and abuse. The information must inform the Department whether such services are available to:

      (a) Analyze historical data regarding claims for payment of services and medical records;

      (b) Analyze databases of information regarding providers suspected of submitting fraudulent claims for payment and of interviews with providers and recipients of Medicaid and the Children’s Health Insurance Program; and

      (c) Provide an opportunity for providers to review and correct any problems which are identified and place an emphasis on educating providers.

      5.  The Director shall review the responses to the request for information issued pursuant to this section to determine measures that may be taken to reduce waste, fraud and abuse under Medicaid and the Children’s Health Insurance Program by allowing determinations to be made about claims for reimbursement before payments are made. The Director shall submit a report of the responses to the Legislative Committee on Health Care. The Legislative Committee on Health Care shall consider the report and make any appropriate recommendations to the Department, including whether the Committee supports the Department entering into any contracts to carry out measures identified in the report.

      6.  As used in this section:

      (a) “Children’s 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.

      (b) “Medicaid” means the program established pursuant to Title XIX of the Social Security Act, 42 U.S.C. §§ 1396 et seq., to provide assistance for part or all of the cost of medical care rendered on behalf of indigent persons.

      (c) “Provider” means a person or governmental entity who provides services to a recipient of Medicaid or the Children’s Health Insurance Program for remuneration.

      Sec. 2.  This act becomes effective on July 1, 2013.

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CHAPTER 198, AB 255

Assembly Bill No. 255–Assemblymen Livermore, Hickey, Hambrick; Aizley, Paul Anderson, Bustamante Adams, Ellison, Fiore, Grady, Hansen, Hardy, Kirner, Munford, Oscarson, Stewart, Wheeler and Woodbury

 

Joint Sponsors: Senators Jones and Settelmeyer

 

CHAPTER 198

 

[Approved: May 28, 2013]

 

AN ACT relating to state financial administration; requiring the Legislative Auditor to conduct an audit concerning the use by the Department of Health and Human Services of certain assessments paid by counties to the Department; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law requires each county to pay an assessment to the Health Division of the Department of Health and Human Services for the costs of services provided in that county by the Health Division or the State Health Officer. (NRS 439.4905) Additionally, existing law requires each county to pay an assessment to the Division of Child and Family Services of the Department for the activities of the Youth Parole Bureau and requires certain counties to pay an assessment to the Division for the operation of certain facilities for the detention of children. (NRS 62B.150, 62B.165) Existing law also requires each county whose population is less than 100,000 to pay an assessment to the Division of Child and Family Services for the provision of child protective services by the Division in the county. (NRS 432B.326) This bill requires the Legislative Auditor to conduct an audit concerning the use by the Department of the assessments paid by the counties. The Legislative Auditor is required to present a final report of the audit to the Audit Subcommittee of the Legislative Commission on or before January 31, 2015.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  The Legislative Auditor shall conduct an audit concerning the use by the Department of Health and Human Services of the assessments paid by counties pursuant to NRS 62B.150, 62B.165, 432B.326 and 439.4905. The Director of the Department shall provide such information as is requested by the Legislative Auditor to assist with the completion of the audit.

      2.  The Legislative Auditor shall present a final written report of the audit to the Audit Subcommittee of the Legislative Commission on or before January 31, 2015.

      Sec. 2.  This act becomes effective upon passage and approval.

________

 


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ê2013 Statutes of Nevada, Page 749ê

 

CHAPTER 199, AB 266

Assembly Bill No. 266–Assemblymen Livermore, Hambrick, Healey, Elliot Anderson; Paul Anderson, Duncan, Ellison, Fiore, Grady, Hardy, Kirner, Munford, Stewart, Swank, Wheeler and Woodbury

 

CHAPTER 199

 

[Approved: May 28, 2013]

 

AN ACT relating to veterans; defining the term “veteran” for the purpose of certain privileges and benefits related to military service; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law creates the Office of Veterans Services to provide various kinds of assistance to veterans and their families. (NRS 417.020, 417.090) Existing law also provides certain privileges and benefits to veterans, including the establishment and regulation of veterans’ homes, the establishment and operation of veterans’ cemeteries and programs which provide opportunities for training in actual employment for veterans. (NRS 417.147, 417.200, 418.045) This bill defines “veteran” for the purpose of establishing who is entitled to these privileges and benefits.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 417 of NRS is hereby amended by adding thereto a new section to read as follows:

      As used in this title, unless the context otherwise requires, “veteran” means a resident of this State who:

      1.  Was regularly enlisted, drafted, inducted or commissioned in the:

      (a) Armed Forces of the United States and was accepted for and assigned to active duty in the Armed Forces of the United States;

      (b) National Guard or a reserve component of the Armed Forces of the United States and was accepted for and assigned to duty for a minimum of 6 continuous years; or

      (c) Commissioned Corps of the United States Public Health Service or the Commissioned Corps of the National Oceanic and Atmospheric Administration of the United States and served in the capacity of a commissioned officer while on active duty in defense of the United States; and

      2.  Was separated from such service under conditions other than dishonorable.

      Sec. 2.  This act becomes effective on July 1, 2013.

________

 

 

 


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ê2013 Statutes of Nevada, Page 750ê

 

CHAPTER 200, AB 281

Assembly Bill No. 281–Assemblymen Hogan, Munford; Aizley, Bustamante Adams, Daly, Horne, Kirkpatrick, Martin, Neal, Ohrenschall, Pierce, Sprinkle, Stewart and Swank

 

Joint Sponsors: Senators Parks, Manendo, Segerblom, Atkinson, Ford; Denis and Kihuen

 

CHAPTER 200

 

[Approved: May 28, 2013]

 

AN ACT relating to public works; revising provisions requiring that certain records pertaining to workers be kept by a contractor and a subcontractor on a public works project; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law requires a contractor and a subcontractor engaged on a public work to keep or cause to be kept certain records about the workers who are employed by the contractor and subcontractor in connection with the public work, including, for example, the name, occupation and wages of each worker. Such records must be open at all reasonable hours to the inspection of the public body that awarded the contract and are considered public records of the public entity. (NRS 239.010, 338.070) This bill requires that such records also include the gender and ethnicity of each such worker, but only if the worker agrees to supply such information voluntarily.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 338.010 is hereby amended to read as follows:

      338.010  As used in this chapter:

      1.  “Authorized representative” means a person designated by a public body to be responsible for the development, solicitation, award or administration of contracts for public works pursuant to this chapter.

      2.  “Contract” means a written contract entered into between a contractor and a public body for the provision of labor, materials, equipment or supplies for a public work.

      3.  “Contractor” means:

      (a) A person who is licensed pursuant to the provisions of chapter 624 of NRS.

      (b) A design-build team.

      4.  “Day labor” means all cases where public bodies, their officers, agents or employees, hire, supervise and pay the wages thereof directly to a worker or workers employed by them on public works by the day and not under a contract in writing.

      5.  “Design-build contract” means a contract between a public body and a design-build team in which the design-build team agrees to design and construct a public work.

      6.  “Design-build team” means an entity that consists of:

 


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ê2013 Statutes of Nevada, Page 751 (Chapter 200, AB 281)ê

 

      (a) At least one person who is licensed as a general engineering contractor or a general building contractor pursuant to chapter 624 of NRS; and

      (b) For a public work that consists of:

             (1) A building and its site, at least one person who holds a certificate of registration to practice architecture pursuant to chapter 623 of NRS.

             (2) Anything other than a building and its site, at least one person who holds a certificate of registration to practice architecture pursuant to chapter 623 of NRS or landscape architecture pursuant to chapter 623A of NRS or who is licensed as a professional engineer pursuant to chapter 625 of NRS.

      7.  “Design professional” means:

      (a) A person who is licensed as a professional engineer pursuant to chapter 625 of NRS;

      (b) A person who is licensed as a professional land surveyor pursuant to chapter 625 of NRS;

      (c) A person who holds a certificate of registration to engage in the practice of architecture, interior design or residential design pursuant to chapter 623 of NRS;

      (d) A person who holds a certificate of registration to engage in the practice of landscape architecture pursuant to chapter 623A of NRS; or

      (e) A business entity that engages in the practice of professional engineering, land surveying, architecture or landscape architecture.

      8.  “Division” means the State Public Works Division of the Department of Administration.

      9.  “Eligible bidder” means a person who is:

      (a) Found to be a responsible and responsive contractor by a local government or its authorized representative which requests bids for a public work in accordance with paragraph (b) of subsection 1 of NRS 338.1373; or

      (b) Determined by a public body or its authorized representative which awarded a contract for a public work pursuant to NRS 338.1375 to 338.139, inclusive, to be qualified to bid on that contract pursuant to NRS 338.1379 or 338.1382.

      10.  “General contractor” means a person who is licensed to conduct business in one, or both, of the following branches of the contracting business:

      (a) General engineering contracting, as described in subsection 2 of NRS 624.215.

      (b) General building contracting, as described in subsection 3 of NRS 624.215.

      11.  “Governing body” means the board, council, commission or other body in which the general legislative and fiscal powers of a local government are vested.

      12.  “Local government” means every political subdivision or other entity which has the right to levy or receive money from ad valorem or other taxes or any mandatory assessments, and includes, without limitation, counties, cities, towns, boards, school districts and other districts organized pursuant to chapters 244A, 309, 318, 379, 474, 538, 541, 543 and 555 of NRS, NRS 450.550 to 450.750, inclusive, and any agency or department of a county or city which prepares a budget separate from that of the parent political subdivision.

 


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ê2013 Statutes of Nevada, Page 752 (Chapter 200, AB 281)ê

 

political subdivision. The term includes a person who has been designated by the governing body of a local government to serve as its authorized representative.

      13.  “Offense” means failing to:

      (a) Pay the prevailing wage required pursuant to this chapter;

      (b) Pay the contributions for unemployment compensation required pursuant to chapter 612 of NRS;

      (c) Provide and secure compensation for employees required pursuant to chapters 616A to 617, inclusive, of NRS; or

      (d) Comply with subsection [4 or] 5 or 6 of NRS 338.070.

      14.  “Prime contractor” means a contractor who:

      (a) Contracts to construct an entire project;

      (b) Coordinates all work performed on the entire project;

      (c) Uses his or her own workforce to perform all or a part of the public work; and

      (d) Contracts for the services of any subcontractor or independent contractor or is responsible for payment to any contracted subcontractors or independent contractors.

Ê The term includes, without limitation, a general contractor or a specialty contractor who is authorized to bid on a project pursuant to NRS 338.139 or 338.148.

      15.  “Public body” means the State, county, city, town, school district or any public agency of this State or its political subdivisions sponsoring or financing a public work.

      16.  “Public work” means any project for the new construction, repair or reconstruction of:

      (a) A project financed in whole or in part from public money for:

             (1) Public buildings;

             (2) Jails and prisons;

             (3) Public roads;

             (4) Public highways;

             (5) Public streets and alleys;

             (6) Public utilities;

             (7) Publicly owned water mains and sewers;

             (8) Public parks and playgrounds;

             (9) Public convention facilities which are financed at least in part with public money; and

             (10) All other publicly owned works and property.

      (b) A building for the Nevada System of Higher Education of which 25 percent or more of the costs of the building as a whole are paid from money appropriated by this State or from federal money.

      17.  “Specialty contractor” means a person who is licensed to conduct business as described in subsection 4 of NRS 624.215.

      18.  “Stand-alone underground utility project” means an underground utility project that is not integrated into a larger project, including, without limitation:

      (a) An underground sewer line or an underground pipeline for the conveyance of water, including facilities appurtenant thereto; and

      (b) A project for the construction or installation of a storm drain, including facilities appurtenant thereto,

 


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Ê that is not located at the site of a public work for the design and construction of which a public body is authorized to contract with a design-build team pursuant to subsection 2 of NRS 338.1711.

      19.  “Subcontract” means a written contract entered into between:

      (a) A contractor and a subcontractor or supplier; or

      (b) A subcontractor and another subcontractor or supplier,

Ê for the provision of labor, materials, equipment or supplies for a construction project.

      20.  “Subcontractor” means a person who:

      (a) Is licensed pursuant to the provisions of chapter 624 of NRS or performs such work that the person is not required to be licensed pursuant to chapter 624 of NRS; and

      (b) Contracts with a contractor, another subcontractor or a supplier to provide labor, materials or services for a construction project.

      21.  “Supplier” means a person who provides materials, equipment or supplies for a construction project.

      22.  “Wages” means:

      (a) The basic hourly rate of pay; and

      (b) The amount of pension, health and welfare, vacation and holiday pay, the cost of apprenticeship training or other similar programs or other bona fide fringe benefits which are a benefit to the worker.

      23.  “Worker” means a skilled mechanic, skilled worker, semiskilled mechanic, semiskilled worker or unskilled worker in the service of a contractor or subcontractor under any appointment or contract of hire or apprenticeship, express or implied, oral or written, whether lawfully or unlawfully employed. The term does not include a design professional.

      Sec. 2. NRS 338.060 is hereby amended to read as follows:

      338.060  1.  Except as otherwise provided in subsection 8, a contractor engaged on a public work shall forfeit, as a penalty to the public body on behalf of which the contract has been made and awarded to the contractor, not less than $20 nor more than $50 for each calendar day or portion thereof that each worker employed on the public work is paid less than the designated rate for any work done under the contract, by the contractor or any subcontractor engaged on the public work.

      2.  Except as otherwise provided in subsection 8, a contractor engaged on a public work shall forfeit, as a penalty to the public body on behalf of which the contract has been made and awarded to the contractor, not less than $20 nor more than $50 for each calendar day or portion thereof for each worker employed on the public work for which the contractor or subcontractor willfully included inaccurate or incomplete information in the monthly record required to be submitted to the public body pursuant to subsection [5] 6 of NRS 338.070.

      3.  Except as otherwise provided in subsection 8, a contractor engaged on a public work shall forfeit, as a penalty to the public body on behalf of which the contract has been made and awarded to the contractor, not less than $20 nor more than $50 for each calendar day or portion thereof that each worker employed on the public work is not reported to the public body awarding the contract by the contractor or any subcontractor engaged on the public work as required pursuant to subsection [5] 6 of NRS 338.070, up to a maximum of:

      (a) For the first failure to comply during the term of the contract for the public work, $1,000; and

 


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      (b) For each subsequent failure to comply during the term of the contract for the public work, $5,000.

      4.  Except as otherwise provided in subsection 8, if a violation of more than one provision of subsections 1, 2 and 3 involves the same worker, the contractor shall forfeit the penalty set forth in each subsection that was violated.

      5.  A public body awarding a contract for a public work shall cause a stipulation setting forth the penalties specified in subsections 1 to 4, inclusive, to be inserted in the contract.

      6.  The Labor Commissioner shall, by regulation, establish a sliding scale based on the size of the business of a contractor engaged on a public work to determine the amount of the penalty to be imposed pursuant to subsections 1 and 2.

      7.  If a penalty is imposed pursuant to this section, the costs of the proceeding, including investigative costs and attorney’s fees, may be recovered by the Labor Commissioner and the public body.

      8.  The Labor Commissioner may, for good cause shown, waive or reduce any penalty imposed pursuant to this section.

      Sec. 3. NRS 338.070 is hereby amended to read as follows:

      338.070  1.  Any public body awarding a contract shall:

      (a) Investigate possible violations of the provisions of NRS 338.010 to 338.090, inclusive, committed in the course of the execution of the contract, and determine whether a violation has been committed and inform the Labor Commissioner of any such violations; and

      (b) When making payments to the contractor engaged on the public work of money becoming due under the contract, withhold and retain all sums forfeited pursuant to the provisions of NRS 338.010 to 338.090, inclusive.

      2.  No sum may be withheld, retained or forfeited, except from the final payment, without a full investigation being made by the awarding public body.

      3.  Except as otherwise provided in subsection [6,] 7, it is lawful for any contractor engaged on a public work to withhold from any subcontractor engaged on the public work sufficient sums to cover any penalties withheld from the contractor by the awarding public body on account of the failure of the subcontractor to comply with the terms of NRS 338.010 to 338.090, inclusive. If payment has already been made to the subcontractor, the contractor may recover from the subcontractor the amount of the penalty or forfeiture in a suit at law.

      4.  A contractor engaged on a public work and each subcontractor engaged on the public work shall:

      (a) Inquire of each worker employed by the contractor or subcontractor in connection with the public work:

             (1) Whether the worker wishes to specify voluntarily his or her gender; and

             (2) Whether the worker wishes to specify voluntarily his or her ethnicity; and

      (b) For each response the contractor or subcontractor receives pursuant to paragraph (a):

             (1) If the worker chose voluntarily to specify his or her gender or ethnicity, or both, record the worker’s responses; and

             (2) If the worker declined to specify his or her gender or ethnicity, or both, record that the worker declined to specify such information.

 


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Ê A contractor or subcontractor shall not compel or coerce a worker to specify his or her gender or ethnicity and shall not penalize or otherwise take any adverse action against a worker who declines to specify his or her gender or ethnicity. Before inquiring as to whether a worker wishes to specify voluntarily his or her gender or ethnicity, the applicable contractor or subcontractor must inform the worker that such information, if provided, will be open to public inspection as set forth in subsection 6.

      5.  A contractor engaged on a public work and each subcontractor engaged on the public work shall keep or cause to be kept:

      (a) An accurate record showing, for each worker employed by the contractor or subcontractor in connection with the public work:

             (1) The name of the worker;

             (2) The occupation of the worker;

             (3) The gender of the worker, if the worker voluntarily agreed to specify that information pursuant to subsection 4, or an entry indicating that the worker declined to specify such information;

             (4) The ethnicity of the worker, if the worker voluntarily agreed to specify that information pursuant to subsection 4, or an entry indicating that the worker declined to specify such information;

             (5) If the worker has a driver’s license or identification card, an indication of the state or other jurisdiction that issued the license or card; and

             [(4)] (6) The actual per diem, wages and benefits paid to the worker; and

      (b) An additional accurate record showing, for each worker employed by the contractor or subcontractor in connection with the public work who has a driver’s license or identification card:

             (1) The name of the worker;

             (2) The driver’s license number or identification card number of the worker; and

             (3) The state or other jurisdiction that issued the license or card.

      [5.] 6.  The records maintained pursuant to subsection [4] 5 must be open at all reasonable hours to the inspection of the public body awarding the contract. The contractor engaged on the public work or subcontractor engaged on the public work shall ensure that a copy of each record for each calendar month is received by the public body awarding the contract no later than 15 days after the end of the month. The copy of the record maintained pursuant to paragraph (a) of subsection [4] 5 must be open to public inspection as provided in NRS 239.010. The copy of the record maintained pursuant to paragraph (b) of subsection [4] 5 is confidential and not open to public inspection. The records in the possession of the public body awarding the contract may be discarded by the public body 2 years after final payment is made by the public body for the public work.

      [6.] 7.  A contractor engaged on a public work shall not withhold from a subcontractor engaged on the public work the sums necessary to cover any penalties provided pursuant to subsection 3 of NRS 338.060 that may be withheld from the contractor by the public body awarding the contract because the public body did not receive a copy of the record maintained by the subcontractor pursuant to subsection [4] 5 for a calendar month by the time specified in subsection [5] 6 if:

      (a) The subcontractor provided to the contractor, for submission to the public body by the contractor, a copy of the record not later than the later of:

 


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             (1) Ten days after the end of the month; or

             (2) A date agreed upon by the contractor and subcontractor; and

      (b) The contractor failed to submit the copy of the record to the public body by the time specified in subsection [5.] 6.

Ê Nothing in this subsection prohibits a subcontractor from submitting a copy of a record for a calendar month directly to the public body by the time specified in subsection [5.] 6.

      [7.] 8.  Any contractor or subcontractor, or agent or representative thereof, performing work for a public work who neglects to comply with the provisions of this section is guilty of a misdemeanor.

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CHAPTER 201, AB 321

Assembly Bill No. 321–Assemblymen Paul Anderson, Hardy, Hickey, Hambrick; Carrillo, Duncan, Ellison, Fiore, Grady, Healey, Kirner, Livermore, Munford, Oscarson, Sprinkle, Stewart, Wheeler and Woodbury

 

Joint Sponsors: Senators Hammond; Brower and Gustavson

 

CHAPTER 201

 

[Approved: May 28, 2013]

 

AN ACT relating to state employees; revising provisions governing the Merit Award Program; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law establishes the Merit Award Program to provide awards to state employees who propose suggestions that would reduce, eliminate or avoid state expenditures or improve the operation of State Government. (NRS 285.014, 285.020)

      Sections 1 and 8 of this bill require each state agency to provide to its employees information relating to the Merit Award Program.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 284.337 is hereby amended to read as follows:

      284.337  An employee whose duties include the supervision of an employee who holds a position in the classified service shall:

      1.  For filing at the times specified in NRS 284.340, prepare reports on the performance of that employee. In preparing a report, the supervisory employee shall meet with the employee to [discuss] :

      (a) Discuss goals and objectives [, to evaluate] ;

      (b) Evaluate the employee’s improvement in performance and personal development [, and to discuss] ;

      (c) Discuss the report [.] ; and

      (d) Provide to the employee information relating to the Merit Award Program established by NRS 285.020.

      2.  Provide the employee with a copy of the report.

 


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      3.  Transmit the report to the appointing authority.

      Secs. 2-7. (Deleted by amendment.)

      Sec. 8.  As soon as practicable on or after July 1, 2013, each state agency, as defined in NRS 285.016, shall:

      1.  When the next reprint of any manual or handbook that the state agency provides to employees is prepared, add a description of the Merit Award Program established by NRS 285.020 to the manual or handbook.

      2.  When any Internet website maintained by the state agency is updated, add to the website a description of the Merit Award Program that is readily available to employees of the state agency.

      Sec. 9. (Deleted by amendment.)

      Sec. 10.  This act becomes effective on July 1, 2013.

________

CHAPTER 202, AB 352

Assembly Bill No. 352–Assemblymen Horne, Frierson, Hambrick; Grady, Martin, Pierce and Stewart

 

Joint Sponsors: Senators Parks; Gustavson and Jones

 

CHAPTER 202

 

[Approved: May 28, 2013]

 

AN ACT relating to crimes; revising provisions relating to the unlawful use of a hoax bomb; providing penalties; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law provides that it constitutes a gross misdemeanor for a person to manufacture, purchase, possess, sell, advertise for sale or transport a hoax bomb if the person knows or should know that such actions would make another person believe that the hoax bomb is an explosive or incendiary device. (NRS 202.263) This bill provides that to be guilty of such a crime a person must have the intent to: (1) make a person believe that the hoax bomb is an explosive or incendiary device; (2) cause alarm or reaction by an officer, an employee or a volunteer of a public safety agency; or (3) cause the evacuation of any private or public building. This bill further increases the penalty to a category C felony if the person commits the act in the furtherance of any other felony or to a category E felony if the act causes the evacuation of any private or public building.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 202.263 is hereby amended to read as follows:

      202.263  1.  A person shall not knowingly manufacture, purchase, possess, sell, advertise for sale or transport a hoax bomb [if the person knows or should know that the hoax bomb is to be used to make] with the intent to:

      (a) Make a reasonable person believe that the hoax bomb is an explosive or incendiary device [.] ;

 


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      (b) Cause alarm or reaction by an officer, an employee or a volunteer of a public safety agency; or

      (c) Cause the evacuation of any private or public building, whether or not any threat has been conveyed.

      2.  A person who violates subsection 1 [is] :

      (a) Is guilty of a gross misdemeanor [.] , unless a greater penalty is provided pursuant to paragraph (b) or (c).

      (b) In a manner that causes the evacuation of any private or public building, is guilty of a category E felony and shall be punished as provided in NRS 193.130, unless a greater penalty is provided pursuant to paragraph (c).

      (c) In the furtherance of any other crime punishable as a felony, is guilty of a category C felony and shall be punished as provided in NRS 193.130.

      3.  This section does not prohibit:

      (a) The purchase, possession, sale, advertising for sale, transportation or use of a military artifact, if the military artifact is harmless or inert, unless the military artifact is used to make a reasonable person believe that the military artifact is an explosive or incendiary device.

      (b) The authorized manufacture, purchase, possession, sale, transportation or use of any material, substance or device by a member of the Armed Forces of the United States, a fire department or a law enforcement agency if the person is acting lawfully while in the line of duty.

      (c) The manufacture, purchase, possession, sale, transportation or use of any material, substance or device that is permitted by a specific statute.

      4.  As used in this section [, “hoax] :

      (a) “Hoax bomb” means [:

      (a) An] anything that by its design, construction, content, characteristics or representation appears to be or to contain:

             (1) An inoperative facsimile or imitation of an explosive or incendiary device; or

      [(b) A device or object that appears to be or to contain an]

             (2) An explosive or incendiary device.

      (b) “Public building” has the meaning ascribed to it in NRS 203.119.

      (c) “Public safety agency” has the meaning ascribed to it in NRS 239B.020.

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CHAPTER 203, AB 354

Assembly Bill No. 354–Assemblymen Diaz, Bobzien; Pierce and Swank

 

CHAPTER 203

 

[Approved: May 28, 2013]

 

AN ACT relating to consumer protection; prohibiting the manufacture, sale or distribution of certain consumer products that contain or come in direct physical contact with Bisphenol A (BPA); and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      This bill prohibits the manufacture, sale or distribution of: (1) certain bottles and cups which contain intentionally added Bisphenol A (BPA) and are intended primarily for use by certain children; and (2) baby food and infant formula stored in any container which contains intentionally added BPA.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 597 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  A person shall not knowingly manufacture, sell or distribute in this State any bottle or cup which contains intentionally added Bisphenol A if the bottle or cup is designed or intended to be filled with any liquid or food intended primarily for consumption directly from the bottle or cup by a child who is less than 4 years of age.

      Sec. 3. 1.  A person shall not knowingly manufacture, sell or distribute in this State any baby food or infant formula stored in a container which contains intentionally added Bisphenol A.

      2.  As used in this section:

      (a) “Baby food” means any prepared solid food consisting of a soft paste or is otherwise easily chewed and is intended primarily for consumption by a child who is less than 4 years of age and is commercially available.

      (b) “Container” means any receptacle, including, without limitation, a box, can, jar, or a lid, that comes in direct physical contact with baby food or infant formula.

      (c) “Infant formula” means any liquid or powder that purports or is represented to be for special dietary use solely as a food for infants by nature of its simulation of human milk or its suitability as a complete or partial substitute for human milk.

      Sec. 4.  1.  This section and sections 1 and 2 of this act become effective on January 1, 2014.

      2.  Section 3 of this act becomes effective on July 1, 2014.

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ê2013 Statutes of Nevada, Page 760ê

 

CHAPTER 204, AB 358

Assembly Bill No. 358–Assemblymen Ohrenschall and Bustamante Adams

 

CHAPTER 204

 

[Approved: May 28, 2013]

 

AN ACT relating to domestic relations; enacting the Uniform Deployed Parents Custody and Visitation Act; repealing provisions governing custody and visitation orders concerning children of members of the military; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law contains provisions governing the custody and visitation of a child when a parent or legal guardian of the child receives military deployment orders. (NRS 125C.100-125C.185) This bill repeals those provisions and enacts the Uniform Deployed Parents Custody and Visitation Act adopted by the Uniform Law Commission.

      Section 23 of this bill sets forth the circumstances under which a court of this State has jurisdiction to issue orders concerning the custodial responsibility of a child when a parent or other custodian of the child has received military deployment orders. Section 24 of this bill provides for notice of a pending deployment to the other parent and the provision of a plan for fulfilling the custodial responsibility of each parent during the deployment. Section 25 of this bill requires a person to whom custodial responsibility for a child has been assigned or granted during a deployment to notify the deploying parent of a change of his or her mailing address. Section 26 of this bill governs the manner in which a court considers the past or possible future deployment of a parent in a proceeding for custodial responsibility of the child.

      Sections 27-31 of this bill provide procedures for out-of-court resolution of issues relating to the custodial responsibility of a child which arise upon the deployment of a service member. Section 27 provides for a temporary agreement granting custodial responsibility during deployment. Section 29 authorizes the modification of a temporary agreement regarding custodial responsibility. Section 30 provides for a grant of custodial responsibility to a nonparent of the child under certain circumstances.

      Sections 32-41 of this bill provide for a judicial resolution of issues that arise when the parents of a child do not reach an agreement concerning the custody or visitation of a child during the deployment of one parent. Section 33 requires an expedited hearing if a motion to grant custodial responsibility is filed before a deploying parent deploys. Section 34 authorizes a party or witness who is not reasonably available to appear personally in court to provide testimony and present evidence by electronic means, unless the court finds good cause to require a personal appearance. Section 35 establishes certain rules that apply in a proceeding to grant custodial responsibility during the deployment of a parent. Section 36 authorizes the court to grant caretaking authority of a child to a nonparent under certain circumstances and requires the court to consider certain factors in determining whether to grant caretaking authority. Section 38 provides that a grant by a court of custodial responsibility or caretaking authority is temporary.

      Sections 42-45 of this bill set forth the procedures governing the termination of a temporary custody arrangement following the return from deployment of a deployed parent. Section 42 provides the procedure for terminating a temporary custody arrangement established by an agreement of the parties. Section 43 establishes a consent procedure for terminating a temporary custody arrangement established by court order. Under section 45, if no agreement to terminate a temporary custody arrangement established by court order is reached between the parents, the order terminates 60 days after the date on which the deploying parent gives notice of having returned from deployment to the other parent or to any nonparent granted custodial responsibility.

 


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having returned from deployment to the other parent or to any nonparent granted custodial responsibility. Section 45.5 of this bill authorizes an expedited hearing concerning custody or visitation under certain circumstances following the deploying parent’s return from deployment.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 125.510 is hereby amended to read as follows:

      125.510  1.  In determining the custody of a minor child in an action brought pursuant to this chapter, the court may, except as otherwise provided in this section [, NRS 125C.100 to 125C.185, inclusive,] , sections 2 to 48, inclusive, of this act and chapter 130 of NRS:

      (a) During the pendency of the action, at the final hearing or at any time thereafter during the minority of any of the children of the marriage, make such an order for the custody, care, education, maintenance and support of the minor children as appears in their best interest; and

      (b) At any time modify or vacate its order, even if the divorce was obtained by default without an appearance in the action by one of the parties.

Ê The party seeking such an order shall submit to the jurisdiction of the court for the purposes of this subsection. The court may make such an order upon the application of one of the parties or the legal guardian of the minor.

      2.  Any order for joint custody may be modified or terminated by the court upon the petition of one or both parents or on the court’s own motion if it is shown that the best interest of the child requires the modification or termination. The court shall state in its decision the reasons for the order of modification or termination if either parent opposes it.

      3.  Any order for custody of a minor child or children of a marriage entered by a court of another state may, subject to the provisions of [NRS 125C.100 to 125C.185, inclusive,] sections 2 to 48, inclusive, of this act and to the jurisdictional requirements in chapter 125A of NRS, be modified at any time to an order of joint custody.

      4.  A party may proceed pursuant to this section without counsel.

      5.  Any order awarding a party a limited right of custody to a child must define that right with sufficient particularity to ensure that the rights of the parties can be properly enforced and that the best interest of the child is achieved. The order must include all specific times and other terms of the limited right of custody. As used in this subsection, “sufficient particularity” means a statement of the rights in absolute terms and not by the use of the term “reasonable” or other similar term which is susceptible to different interpretations by the parties.

      6.  All orders authorized by this section must be made in accordance with the provisions of chapter 125A of NRS and [NRS 125C.100 to 125C.185, inclusive,] sections 2 to 48, inclusive, of this act, and must contain the following language:

 

      PENALTY FOR VIOLATION OF ORDER: THE ABDUCTION, CONCEALMENT OR DETENTION OF A CHILD IN VIOLATION OF THIS ORDER IS PUNISHABLE AS A CATEGORY D FELONY AS PROVIDED IN NRS 193.130. NRS 200.359 provides that every person having a limited right of custody to a child or any parent having no right of custody to the child who willfully detains, conceals or removes the child from a parent, guardian or other person having lawful custody or a right of visitation of the child in violation of an order of this court, or removes the child from the jurisdiction of the court without the consent of either the court or all persons who have the right to custody or visitation is subject to being punished for a category D felony as provided in NRS 193.130.

 


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custody to the child who willfully detains, conceals or removes the child from a parent, guardian or other person having lawful custody or a right of visitation of the child in violation of an order of this court, or removes the child from the jurisdiction of the court without the consent of either the court or all persons who have the right to custody or visitation is subject to being punished for a category D felony as provided in NRS 193.130.

 

      7.  In addition to the language required pursuant to subsection 6, all orders authorized by this section must specify that the terms of the Hague Convention of October 25, 1980, adopted by the 14th Session of the Hague Conference on Private International Law, apply if a parent abducts or wrongfully retains a child in a foreign country.

      8.  If a parent of the child lives in a foreign country or has significant commitments in a foreign country:

      (a) The parties may agree, and the court shall include in the order for custody of the child, that the United States is the country of habitual residence of the child for the purposes of applying the terms of the Hague Convention as set forth in subsection 7.

      (b) Upon motion of one of the parties, the court may order the parent to post a bond if the court determines that the parent poses an imminent risk of wrongfully removing or concealing the child outside the country of habitual residence. The bond must be in an amount determined by the court and may be used only to pay for the cost of locating the child and returning the child to his or her habitual residence if the child is wrongfully removed from or concealed outside the country of habitual residence. The fact that a parent has significant commitments in a foreign country does not create a presumption that the parent poses an imminent risk of wrongfully removing or concealing the child.

      9.  Except where a contract providing otherwise has been executed pursuant to NRS 123.080, the obligation for care, education, maintenance and support of any minor child created by any order entered pursuant to this section ceases:

      (a) Upon the death of the person to whom the order was directed; or

      (b) When the child reaches 18 years of age if the child is no longer enrolled in high school, otherwise, when the child reaches 19 years of age.

      10.  As used in this section, a parent has “significant commitments in a foreign country” if the parent:

      (a) Is a citizen of a foreign country;

      (b) Possesses a passport in his or her name from a foreign country;

      (c) Became a citizen of the United States after marrying the other parent of the child; or

      (d) Frequently travels to a foreign country.

      Sec. 2.  Chapter 125C of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 48, inclusive, of this act.

      Sec. 3. Sections 3 to 48, inclusive, of this act may be cited as the Uniform Deployed Parents Custody and Visitation Act.

      Sec. 4. As used in sections 3 to 48, inclusive, of this act unless the context otherwise requires, the words and terms defined in sections 5 to 22, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 5. “Adult” means a person who is at least 18 years of age or an emancipated minor.

 


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      Sec. 6.  “Caretaking authority” means the right to live with and care for a child on a day-to-day basis, including physical custody, parenting time, right to access and visitation.

      Sec. 7. “Child” means:

      1.  An unemancipated minor who has not attained 18 years of age; or

      2.  An adult son or daughter by birth or adoption, or under the laws of this State other than sections 3 to 48, inclusive, of this act, who is the subject of an existing court order concerning custodial responsibility.

      Sec. 8. “Close and substantial relationship” means a relationship in which a significant bond exists between a child and a nonparent.

      Sec. 9. “Court” means an entity authorized under the laws of this State other than sections 3 to 48, inclusive, of this act to establish, enforce or modify a decision regarding custodial responsibility.

      Sec. 10. “Custodial responsibility” is a comprehensive term that includes any and all powers and duties relating to caretaking authority and decision-making authority for a child. The term includes custody, physical custody, legal custody, parenting time, right to access, visitation and the authority to designate limited contact with a child.

      Sec. 11. “Decision-making authority” means the power to make important decisions regarding a child, including decisions regarding the child’s education, religious training, health care, extracurricular activities and travel. The term does not include day-to-day decisions that necessarily accompany a grant of caretaking authority.

      Sec. 12. “Deploying parent” means a service member, who is deployed or has been notified of impending deployment, and is:

      1.  A parent of a child under the laws of this State other than sections 3 to 48, inclusive, of this act; or

      2.  A person other than a parent who has custodial responsibility of a child under the laws of this State other than sections 3 to 48, inclusive, of this act.

      Sec. 13. “Deployment” means the movement or mobilization of a service member to a location for more than 90 days but less than 18 months pursuant to an official order that:

      1.  Is designated as unaccompanied;

      2.  Does not authorize dependent travel; or

      3.  Otherwise does not permit the movement of family members to that location.

      Sec. 14. “Family member” includes a sibling, aunt, uncle, cousin, stepparent or grandparent of a child, and a person recognized to be in a familial relationship with a child under the laws of this State other than sections 3 to 48, inclusive, of this act.

      Sec. 15. “Limited contact” means the opportunity for a nonparent to visit with a child for a limited period of time. The term includes authority to take the child to a place other than the residence of the child.

      Sec. 16. “Nonparent” means a person other than a deploying parent or other parent.

      Sec. 17. “Other parent” means a person who, in common with a deploying parent, is:

      1.  The parent of a child under the laws of this State other than sections 3 to 48, inclusive, of this act; or

 


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      2.  A person other than a parent with custodial responsibility of a child under the laws of this State other than sections 3 to 48, inclusive, of this act.

      Sec. 18. “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

      Sec. 19. “Return from deployment” means the conclusion of a service member’s deployment as specified in uniformed service orders.

      Sec. 20. “Service member” means a member of a uniformed service.

      Sec. 21. “State” means a state of the United States, the District of Columbia, Puerto Rico and the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

      Sec. 22. “Uniformed service” means:

      1.  Active and reserve components of the Army, Navy, Air Force, Marine Corps or Coast Guard of the United States;

      2.  The Merchant Marine, the Commissioned Corps of the Public Health Service or the Commissioned Corps of the National Oceanic and Atmospheric Administration of the United States; or

      3.  The National Guard.

      Sec. 23. 1.  A court may issue an order regarding custodial responsibility under sections 3 to 48, inclusive of this act only if the court has jurisdiction pursuant to chapter 125A of NRS. If the court has issued a temporary order regarding custodial responsibility pursuant to sections 32 to 41, inclusive, of this act, the residence of the deploying parent is not changed by reason of the deployment for the purposes of chapter 125A of NRS during the deployment.

      2.  If a court has issued a permanent order regarding custodial responsibility before notice of deployment and the parents modify that order temporarily by agreement pursuant to sections 27 to 31, inclusive, of this act, the residence of the deploying parent is not changed by reason of the deployment for the purposes of chapter 125A of NRS.

      3.  If a court in another state has issued a temporary order regarding custodial responsibility as a result of impending or current deployment, the residence of the deploying parent is not changed by reason of the deployment for the purposes of chapter 125A of NRS.

      4.  This section does not prohibit the exercise of temporary emergency jurisdiction by a court under chapter 125A of NRS.

      Sec. 24. 1.  Except as otherwise provided in subsection 4, and subject to subsection 3, a deploying parent shall notify in a record the other parent of a pending deployment not later than 7 days after receiving notice of deployment unless reasonably prevented from doing so by the circumstances of service. If the circumstances of service prevent such notification within 7 days, such notification must be made as soon as reasonably possible thereafter.

      2.  Except as otherwise provided in subsection 4, and subject to subsection 3, each parent shall in a record provide the other parent with a plan for fulfilling that parent’s share of custodial responsibility during deployment as soon as reasonably possible after receiving notice of deployment under subsection 1.

      3.  If an existing court order prohibits disclosure of the address or contact information of the other parent, a notification of deployment under subsection 1, or notification of a plan for custodial responsibility during deployment under subsection 2, may be made only to the issuing court.

 


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subsection 1, or notification of a plan for custodial responsibility during deployment under subsection 2, may be made only to the issuing court. If the address of the other parent is available to the issuing court, the court shall forward the notification to the other parent. The court shall keep confidential the address or contact information of the other parent.

      4.  Notice in a record is not required if the parents are living in the same residence and there is actual notice of the deployment or plan.

      5.  In a proceeding regarding custodial responsibility between parents, a court may consider the reasonableness of a parent’s efforts to comply with this section.

      Sec. 25. 1.  Except as otherwise provided in subsection 2, a person to whom custodial responsibility has been assigned or granted during deployment pursuant to sections 27 to 41, inclusive, of this act shall notify the deploying parent and any other person with custodial responsibility of any change of mailing address or residence until the assignment or grant is terminated. The person shall provide the notice to any court that has issued an existing custody or child support order concerning the child.

      2.  If an existing court order prohibits disclosure of the address or contact information of a person to whom custodial responsibility has been assigned or granted, a notification of change of mailing address or residence under subsection 1 may be made only to the court that issued the order. The court shall keep confidential the mailing address or residence of the person to whom custodial responsibility has been assigned or granted.

      Sec. 26. In a proceeding for custodial responsibility of a child of a service member, a court may not consider a parent’s past deployment or possible future deployment in itself in determining the best interest of the child, but may consider any significant impact on the best interest of the child of the parent’s past or possible future deployment.

      Sec. 27. 1.  The parents of a child may enter into a temporary agreement granting custodial responsibility during deployment.

      2.  An agreement under subsection 1 must be:

      (a) In writing; and

      (b) Signed by both parents and any nonparent to whom custodial responsibility is granted.

      3.  An agreement under subsection 1 may:

      (a) Identify to the extent feasible the destination, duration and conditions of the deployment that is the basis for the agreement;

      (b) Specify the allocation of caretaking authority among the deploying parent, the other parent and any nonparent, if applicable;

      (c) Specify any decision-making authority that accompanies a grant of caretaking authority;

      (d) Specify any grant of limited contact to a nonparent;

      (e) If the agreement shares custodial responsibility between the other parent and a nonparent, or between two nonparents, provide a process to resolve any dispute that may arise;

      (f) Specify the frequency, duration and means, including electronic means, by which the deploying parent will have contact with the child, any role to be played by the other parent in facilitating the contact and allocation of any costs of communications;

      (g) Specify the contact between the deploying parent and child during the time the deploying parent is on leave or is otherwise available;

 


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      (h) Acknowledge that any party’s existing child support obligation cannot be modified by the agreement and that changing the terms of the obligation during deployment requires modification in the appropriate court;

      (i) Provide that the agreement terminates following the deploying parent’s return from deployment according to the procedures under sections 42 to 45, inclusive, of this act; and

      (j) If the agreement must be filed pursuant to section 31 of this act, specify which parent shall file the agreement.

      Sec. 28. 1.  An agreement under sections 27 to 31, inclusive, of this act is temporary and terminates pursuant to sections 42 to 45, inclusive, of this act following the return from deployment of the deployed parent, unless the agreement has been terminated before that time by court order or modification of the agreement under section 29 of this act. The agreement derives from the parents’ custodial responsibility and does not create an independent, continuing right to caretaking authority, decision-making authority or limited contact in a person to whom custodial responsibility is given.

      2.  A nonparent given caretaking authority, decision-making authority or limited contact by an agreement under sections 27 to 31, inclusive, of this act has standing to enforce the agreement until it has been terminated pursuant to an agreement of the parents under section 29 of this act, under sections 42 to 45, inclusive, of this act or by court order.

      Sec. 29. 1.  The parents may modify an agreement regarding custodial responsibility made pursuant to sections 27 to 31, inclusive, of this act by mutual consent.

      2.  If an agreement is modified under subsection 1 before deployment of a deploying parent, the modification must be in writing and signed by both parents and any nonparent who will exercise custodial responsibility under the modified agreement.

      3.  If an agreement is modified under subsection 1 during deployment of a deploying parent, the modification must be agreed to in a record by both parents and any nonparent who will exercise custodial responsibility under the modified agreement.

      Sec. 30. If no other parent possesses custodial responsibility under the laws of this State other than sections 3 to 48, inclusive, of this act, or if an existing court order prohibits contact between the child and the other parent, a deploying parent, by power of attorney, may delegate all or part of custodial responsibility to an adult nonparent for the period of deployment. The power of attorney is revocable by the deploying parent through a revocation of the power of attorney signed by the deploying parent.

      Sec. 31. An agreement or power of attorney made under sections 27 to 30, inclusive, of this act must be filed within a reasonable period of time with any court that has entered an existing order on custodial responsibility or child support concerning the child. The case number and heading of the existing case concerning custodial responsibility or child support must be provided to the court with the agreement or power of attorney.

      Sec. 32. 1.  After a deploying parent receives notice of deployment and during the deployment, a court may issue a temporary order granting custodial responsibility unless prohibited by the Servicemembers Civil Relief Act, 50 U.S.C. Appx.

 


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Relief Act, 50 U.S.C. Appx. §§ 521-522. A court may not issue a permanent order granting custodial responsibility without the consent of the deploying parent.

      2.  At any time after a deploying parent receives notice of deployment, either parent may file a motion regarding custodial responsibility of a child during deployment. The motion must be filed in an existing proceeding for custodial responsibility of the child with jurisdiction under section 23 of this act or, if there is no existing proceeding in a court with jurisdiction under section 23 of this act, in a new action for granting custodial responsibility during deployment.

      Sec. 33. If a motion to grant custodial responsibility is filed before a deploying parent deploys, the court shall conduct an expedited hearing.

      Sec. 34. In a proceeding brought under sections 32 to 41, inclusive, of this act, a party or witness who is not reasonably available to appear personally may appear and provide testimony and present evidence by electronic means unless the court finds good cause to require a personal appearance.

      Sec. 35. In a proceeding for a grant of custodial responsibility pursuant to sections 32 to 41, inclusive, of this act, the following rules apply:

      1.  A prior judicial order designating custodial responsibility of a child in the event of deployment is binding on the court unless the circumstances meet the requirements of the laws of this State other than sections 3 to 48, inclusive, of this act for modifying a judicial order regarding custodial responsibility.

      2.  The court shall enforce a prior written agreement between the parents for designating custodial responsibility of a child in the event of deployment, including a prior written agreement executed under sections 27 to 31, inclusive, of this act, unless the court finds the agreement contrary to the best interest of the child.

      Sec. 36. 1.  On the motion of a deploying parent and in accordance with the laws of this State other than sections 3 to 48, inclusive, of this act, a court may grant caretaking authority of a child to a nonparent who is an adult family member of the child or an adult with whom the child has a close and substantial relationship if it is in the best interest of the child.

      2.  In determining whether to grant caretaking authority of a child to a nonparent pursuant to subsection 1, the court shall consider the following factors:

      (a) The love, affection and other emotional ties existing between the nonparent and the child.

      (b) The capacity and disposition of the nonparent to:

             (1) Give the child love, affection and guidance and serve as a role model to the child;

             (2) Provide the child with food, clothing and other material needs; and

             (3) Provide the child with health care or alternative health care which is recognized and authorized pursuant to the laws of this State.

      (c) The prior relationship between the nonparent and the child, including, without limitation, whether the child has previously resided with the nonparent and whether the child was previously included in holidays or family gatherings with the nonparent.

      (d) The moral fitness of the nonparent.

 


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      (e) The mental and physical health of the nonparent.

      (f) The reasonable preference of the child if the child has a preference and if the court determines that the child is of sufficient maturity to express a preference.

      (g) The willingness and ability of the nonparent to facilitate and encourage a close and substantial relationship between the child and his or her deploying parent, other parent and family members.

      (h) The medical and other health needs of the child which are affected by the grant of caretaking authority.

      (i) The support provided by the nonparent, including, without limitation, whether the nonparent has contributed to the financial support of the child.

      (j) Any objection by the other parent to the grant of caretaking authority to a nonparent. In the case of an objection by the other parent, there is a rebuttable presumption that the grant of caretaking authority to a nonparent is not in the best interest of the child. To rebut this presumption, the deploying parent must prove by clear and convincing evidence that the grant of caretaking authority to the nonparent is in the best interest of the child.

      3.  Unless the grant of caretaking authority to a nonparent under subsection 1 is agreed to by the other parent, the grant is limited to an amount of time not greater than:

      (a) The time granted to the deploying parent in an existing permanent custody order, except that the court may add unusual travel time necessary to transport the child; or

      (b) In the absence of an existing permanent custody order, the amount of time that the deploying parent habitually cared for the child before being notified of deployment, except that the court may add unusual travel time necessary to transport the child.

      4.  A court may grant part of the deploying parent’s decision-making authority for a child to a nonparent who is an adult family member of the child or an adult with whom the child has a close and substantial relationship if the deploying parent is unable to exercise that authority. When a court grants the authority to a nonparent, the court shall specify the decision-making powers that will and will not be granted, including applicable health, educational and religious decisions.

      Sec. 37. On the motion of a deploying parent and in accordance with the laws of this State other than sections 3 to 48, inclusive, of this act, a court shall grant limited contact with a child to a nonparent who is either a family member of the child or a person with whom the child has a close and substantial relationship, unless the court finds that the contact would be contrary to the best interest of the child.

      Sec. 38. 1.  A grant made pursuant to sections 32 to 41, inclusive, of this act is temporary and terminates pursuant to sections 42 to 45, inclusive, of this act following the return from deployment of the deployed parent, unless the grant has been terminated before that time by court order. The grant does not create an independent, continuing right to caretaking authority, decision-making authority or limited contact in a person to whom it is granted.

 

 


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      2.  A nonparent granted caretaking authority, decision-making authority or limited contact under sections 32 to 41, inclusive, of this act has standing to enforce the grant until it is terminated under sections 42 to 45, inclusive, of this act or by court order.

      Sec. 39. 1.  An order granting custodial responsibility under sections 32 to 41, inclusive, of this act must:

      (a) Designate the order as temporary; and

      (b) Identify to the extent feasible the destination, duration and conditions of the deployment.

      2.  If applicable, a temporary order for custodial responsibility must:

      (a) Specify the allocation of caretaking authority, decision-making authority or limited contact among the deploying parent, the other parent and any nonparent;

      (b) If the order divides caretaking or decision-making authority between persons, or grants caretaking authority to one person and limited contact to another, provide a process to resolve any significant dispute that may arise;

      (c) Provide for liberal communication between the deploying parent and the child during deployment, including through electronic means, unless contrary to the best interest of the child, and allocate any costs of communications;

      (d) Provide for liberal contact between the deploying parent and the child during the time the deploying parent is on leave or is otherwise available, unless contrary to the best interest of the child;

      (e) Provide for reasonable contact between the deploying parent and the child following return from deployment until the temporary order is terminated, which may include more time than the deploying parent spent with the child before entry of the temporary order; and

      (f) Provide that the order will terminate following return from deployment according to the procedures under sections 42 to 45, inclusive, of this act.

      Sec. 40. If a court has issued an order granting caretaking authority under sections 32 to 41, inclusive, of this act or an agreement granting caretaking authority has been executed under sections 27 to 31, inclusive, of this act the court may enter a temporary order for child support consistent with the laws of this State other than sections 3 to 48, inclusive, of this act, if the court has jurisdiction under NRS 130.0902 to 130.802, inclusive.

      Sec. 41. 1.  Except for an order in accordance with section 35 of this act or as otherwise provided in subsection 2, and consistent with the Servicemembers Civil Relief Act, 50 U.S.C. Appx. §§ 521-522, on the motion of a deploying or other parent or any nonparent to whom caretaking authority, decision-making authority or limited contact has been granted, the court may modify or terminate a grant of caretaking authority, decision-making authority or limited contact made pursuant to sections 3 to 48, inclusive, of this act if the modification or termination is consistent with sections 32 to 41, inclusive, of this act and the court finds it is in the best interest of the child. Any modification must be temporary and terminates following the conclusion of deployment of the deployed parent according to the procedures under sections 42 to 45, inclusive, of this act unless the grant has been terminated before that time by court order.

 


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      2.  On the motion of a deploying parent, the court shall terminate a grant of limited contact.

      Sec. 42. 1.  At any time following return from deployment, a temporary agreement granting custodial responsibility under sections 27 to 31, inclusive, of this act may be terminated by an agreement to terminate signed by the deploying parent and the other parent.

      2.  The temporary agreement granting custodial responsibility terminates:

      (a) If the agreement to terminate specifies a date for termination, on that date; or

      (b) If the agreement to terminate does not specify a date, on the date the agreement to terminate is signed by both parents.

      3.  In the absence of an agreement to terminate, the temporary agreement granting custodial responsibility terminates 60 days after the date of the deploying parent’s giving notice to the other parent of having returned from deployment.

      4.  If the temporary agreement granting custodial responsibility was filed with a court pursuant to section 31 of this act, an agreement to terminate the temporary agreement must also be filed with that court within a reasonable period of time after the signing of the agreement. The case number and heading of the existing custodial responsibility or child support case must be provided to the court with the agreement to terminate.

      Sec. 43. At any time following return from deployment, the deploying parent and the other parent may file with the court an agreement to terminate a temporary order for custodial responsibility issued under sections 32 to 41, inclusive, of this act. After an agreement has been filed, the court shall issue an order terminating the temporary order on the date specified in the agreement. If no date is specified, the court shall issue the order immediately.

      Sec. 44. Following return from deployment of a deploying parent until a temporary agreement or order for custodial responsibility established under sections 27 to 41, inclusive, of this act is terminated, the court shall enter a temporary order granting the deploying parent reasonable contact with the child unless it is contrary to the best interest of the child, even if the time exceeds the time the deploying parent spent with the child before deployment.

      Sec. 45. 1.  A temporary order for custodial responsibility issued under sections 32 to 41, inclusive, of this act shall terminate, if no agreement between the parties to terminate a temporary order for custodial responsibility has been filed, 60 days after the date of the deploying parent’s giving notice of having returned from deployment to the other parent and any nonparent granted custodial responsibility.

      2.  Any proceedings seeking to prevent termination of a temporary order for custodial responsibility are governed by the laws of this State other than sections 3 to 48, inclusive, of this act.

      Sec. 45.5. The court may, upon a motion alleging immediate danger of irreparable harm to the child, hold an expedited hearing concerning custody or visitation following the deploying parent’s return from deployment.

      Sec. 46. In addition to other relief provided by the laws of this State other than sections 3 to 48, inclusive, of this act, if a court finds that a party to a proceeding under sections 3 to 48, inclusive, of this act has acted in bad faith or intentionally failed to comply with sections 3 to 48, inclusive, of this act or a court order issued under sections 3 to 48, inclusive, of this act, the court may assess reasonable attorney’s fees and costs of the opposing party and order other appropriate relief.

 


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in bad faith or intentionally failed to comply with sections 3 to 48, inclusive, of this act or a court order issued under sections 3 to 48, inclusive, of this act, the court may assess reasonable attorney’s fees and costs of the opposing party and order other appropriate relief.

      Sec. 47. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

      Sec. 48. This act modifies, limits and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 et seq., but does not modify, limit or supersede § 101(c) of that act, 15 U.S.C. § 7001(c), or authorize electronic delivery of any of the notices described in § 103(b) of that act, 15 U.S.C. § 7003(b).

      Sec. 49. NRS 125C.100, 125C.105, 125C.110, 125C.115, 125C.120, 125C.125, 125C.130, 125C.135, 125C.140, 125C.145, 125C.150, 125C.155, 125C.160, 125C.165, 125C.170, 125C.175, 125C.180 and 125C.185 are hereby repealed.

      Sec. 50.  This act does not affect the validity of a temporary court order concerning custodial responsibility during deployment that was entered before January 1, 2014.

      Sec. 51.  This act becomes effective on January 1, 2014.

________

CHAPTER 205, AB 366

Assembly Bill No. 366–Assemblymen Benitez-Thompson; and Bobzien

 

CHAPTER 205

 

[Approved: May 28, 2013]

 

AN ACT relating to nonprofit corporations; revising certain provisions governing nonprofit cooperative corporations; revising certain provisions governing mergers, conversions and exchanges of nonprofit cooperative corporations; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law prohibits a nonprofit cooperative corporation from paying dividends on stock or membership certificates in excess of 8 percent annually. Existing law also prohibits such corporations from dealing in the products of nonmembers in amounts greater in value than it handles for its members. (NRS 81.020) Section 1 of this bill provides that a nonprofit cooperative corporation may distribute surplus funds and may issue refunds to its members in accordance with its articles of incorporation. Section 1 revises existing law to authorize a nonprofit cooperative corporation to deal in the products of nonmembers in amounts greater in value than it handles for its members, if not prohibited by its articles of incorporation.

      Existing law requires that the name of a nonprofit cooperative corporation be included in its articles of incorporation. (NRS 81.040) Section 2 of this bill requires that the name of a such a corporation contain the word “Cooperative,” the word “Co-op” or the abbreviation “N.C.C.”

      Existing law requires a majority vote by the members of a nonprofit cooperative corporation to adopt the initial code of bylaws of the nonprofit cooperative corporation. The authority to amend such bylaws is conferred upon the members or may, under certain circumstances, be conferred upon the directors. (NRS 81.080) Section 3 of this bill: (1) authorizes the initial code of bylaws to be adopted by a majority vote of either the members or the directors of the nonprofit cooperative corporation; (2) provides that the authority to amend the bylaws is conferred on the group of persons who adopted the initial code of bylaws but may, under certain circumstances, be conferred upon the other group of persons; and (3) revises the number of votes required to adopt a resolution transferring that authority from a two-thirds vote to a majority vote.

 


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majority vote of either the members or the directors of the nonprofit cooperative corporation; (2) provides that the authority to amend the bylaws is conferred on the group of persons who adopted the initial code of bylaws but may, under certain circumstances, be conferred upon the other group of persons; and (3) revises the number of votes required to adopt a resolution transferring that authority from a two-thirds vote to a majority vote.

      Existing law establishes procedures for mergers, conversions and exchanges involving various entities, including nonprofit cooperative corporations which, for the purposes of those procedures, fall within the definition of the term “domestic corporation.” Under existing law, the board of directors of a domestic corporation, including a nonprofit cooperative corporation, is prohibited from adopting a plan of merger, conversion or exchange without the approval of its stockholders under certain circumstances. (Chapter 92A of NRS) Sections 4-11 of this bill: (1) remove nonprofit cooperative corporations from the definition of the term “domestic corporation”; (2) provide that a plan of merger, conversion or exchange must be approved and adopted by the board of directors unless otherwise provided for in the articles of incorporation; and (3) revise various provisions concerning mergers, conversions and exchanges to reflect the removal of nonprofit cooperative corporations from the definition of the term “domestic corporation” while maintaining the applicability of those provisions to nonprofit cooperative corporations.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 81.020 is hereby amended to read as follows:

      81.020  1.  The corporation may or may not have capital stock, and its business must be operated for the mutual benefit of the members thereof.

      2.  No member of the cooperative corporation may have more than one vote in the management of its affairs. Meetings of the association or meetings of the board of directors may be held in or outside this State.

      3.  The corporation shall not pay dividends on stock or membership certificates in excess of 8 percent per annum.

      4.  The corporation or association, as it may be called, may deal in the products of nonmembers, but not to an amount greater in value than such as are handled by it for members [.] , unless otherwise provided in its articles of incorporation or bylaws.

      5.  Nothing contained in this section shall be construed to prohibit the corporation from distributing surplus funds or issuing refunds to its members in accordance with its articles of incorporation.

      Sec. 2. NRS 81.040 is hereby amended to read as follows:

      81.040  Each corporation formed under NRS 81.010 to 81.160, inclusive, must prepare and file articles of incorporation in writing, setting forth:

      1.  The name of the corporation [.] , which must contain the word “Cooperative” or “Co-op” or the abbreviation “N.C.C.”

      2.  The purpose for which it is formed.

      3.  The information required pursuant to NRS 77.310.

      4.  The term for which it is to exist, which may be perpetual.

      5.  If formed with stock, the amount of its stock and the number and par value, if any, and the shares into which it is divided, and the amount of common and of preferred stock that may be issued with the preferences, privileges, voting rights, restrictions and qualifications pertaining thereto.

 


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      6.  The names and addresses of those selected to act as directors, not less than three, for the first year or until their successors have been elected and have accepted office.

      7.  Whether the property rights and interest of each member are equal or unequal, and if unequal the articles must set forth a general rule applicable to all members by which the property rights and interests of each member may be determined, but the corporation may admit new members who may vote and share in the property of the corporation with the old members, in accordance with the general rule.

      8.  The name and mailing or street address, either residence or business, of each of the incorporators signing the articles of incorporation.

      Sec. 3. NRS 81.080 is hereby amended to read as follows:

      81.080  1.  Each corporation incorporated under NRS 81.010 to 81.160, inclusive, must, within 1 month after filing articles of incorporation, adopt a code of bylaws for its government and management not inconsistent with the provisions of NRS 81.010 to 81.160, inclusive. A majority vote of the [membership,] members or directors, or the written assent of such members or directors representing a majority of the votes, is necessary to adopt such bylaws.

      2.  The power to make additional bylaws and to alter the bylaws :

      (a) If the bylaws were adopted by the members under the provisions of subsection 1 [shall be] , must remain in the members, but any corporation may, in its articles of incorporation, original or amended, or by resolution adopted by a [two-thirds] majority vote, or by written consent of two-thirds of the members, confer that power upon the directors. Bylaws made by the directors under power so conferred [,] may be altered by the directors or by the members.

      (b) If the bylaws were adopted by the directors under the provisions of subsection 1, must remain in the directors, but any corporation may, in its articles of incorporation, original or amended, or by resolution adopted by a majority vote of the directors, or by written consent of two-thirds of the directors, confer that power upon the members. Bylaws made by the members under power so conferred may be altered by the directors or by the members.

      3.  The written consent of the owners of two-thirds of the stock or of two-thirds of the members shall suffice to adopt bylaws in addition to those adopted under the provisions of subsection 1, and to amend or repeal any bylaw.

      [3.]4.  All bylaws in force must be copied legibly in a book called the Book of Bylaws, kept at all times for inspection in the principal office. Until so copied, they shall not be effective or in force.

      Sec. 4. NRS 82.011 is hereby amended to read as follows:

      82.011  “Articles of incorporation” and “articles” are synonymous terms and, unless the context otherwise requires, include all certificates filed pursuant to NRS 82.081, 82.346, 82.356 and 82.371 and any articles of merger filed pursuant to NRS 92A.005 to 92A.260, inclusive [.] , and sections 6 and 7 of this act.

      Sec. 5. Chapter 92A of NRS is hereby amended by adding thereto the provisions set forth as sections 6 and 7 of this act.

      Sec. 6. “Nonprofit cooperative corporation” means a nonprofit cooperative corporation organized pursuant to NRS 81.010 to 81.160, inclusive.

 


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      Sec. 7. Unless otherwise provided in the articles of incorporation, a plan of merger, conversion or exchange involving a nonprofit cooperative corporation must be approved and adopted by the board of directors.

      Sec. 8. NRS 92A.005 is hereby amended to read as follows:

      92A.005  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 92A.007 to 92A.092, inclusive, and section 6 of this act have the meanings ascribed to them in those sections.

      Sec. 9. NRS 92A.025 is hereby amended to read as follows:

      92A.025  “Domestic corporation” means a corporation organized and existing under chapter 78, 78A or 89 of NRS . [, or a nonprofit cooperative corporation organized pursuant to NRS 81.010 to 81.160, inclusive.]

      Sec. 10. NRS 92A.170 is hereby amended to read as follows:

      92A.170  After a merger, conversion or exchange is approved, and at any time before the articles of merger, conversion or exchange are filed, the planned merger, conversion or exchange may be abandoned, subject to any contractual rights, without further action, in accordance with the procedure set forth in the plan of merger, conversion or exchange or, if none is set forth, in the case of:

      1.  A domestic corporation, whether or not for profit, by the board of directors;

      2.  A domestic limited partnership, unless otherwise provided in the partnership agreement or certificate of limited partnership, by all general partners;

      3.  A domestic limited-liability company, unless otherwise provided in the articles of organization or an operating agreement, by members who own a majority in interest in the current profits of the company then owned by all of the members or, if the company has more than one class of members, by members who own a majority in interest in the current profits of the company then owned by the members in each class;

      4.  A domestic business trust, unless otherwise provided in the certificate of trust or governing instrument, by all the trustees; [and]

      5.  A domestic general partnership, unless otherwise provided in the partnership agreement, by all the partners [.] ; and

      6.  A nonprofit cooperative corporation, unless otherwise provided in the articles of incorporation, by the board of directors.

      Sec. 11. NRS 92A.210 is hereby amended to read as follows:

      92A.210  1.  Except as otherwise provided in this section, the fee for filing articles of merger, articles of conversion, articles of exchange, articles of domestication or articles of termination is $350. The fee for filing the charter documents of a domestic resulting entity is the fee for filing the charter documents determined by the chapter of NRS governing the particular domestic resulting entity.

      2.  The fee for filing articles of merger of two or more domestic corporations , including, without limitation, a nonprofit cooperative corporation, is the difference between the fee computed at the rates specified in NRS 78.760 upon the aggregate authorized stock of the corporation created by the merger and the fee computed upon the aggregate amount of the total authorized stock of the constituent corporation.

      3.  The fee for filing articles of merger of one or more domestic corporations , including, without limitation, a nonprofit cooperative corporation, with one or more foreign corporations is the difference between the fee computed at the rates specified in NRS 78.760 upon the aggregate authorized stock of the corporation created by the merger and the fee computed upon the aggregate amount of the total authorized stock of the constituent corporations which have paid the fees required by NRS 78.760 and 80.050.

 


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authorized stock of the corporation created by the merger and the fee computed upon the aggregate amount of the total authorized stock of the constituent corporations which have paid the fees required by NRS 78.760 and 80.050.

      4.  The fee for filing articles of merger of two or more domestic corporations, including, without limitation, nonprofit cooperative corporations, or foreign corporations must not be less than $350. The amount paid pursuant to subsection 3 must not exceed $35,000.

________

CHAPTER 206, AB 381

Assembly Bill No. 381–Assemblymen Hickey, Hardy; Hambrick, Kirkpatrick and Stewart

 

Joint Sponsors: Senators Hardy, Hutchison, Denis; Parks and Roberson

 

CHAPTER 206

 

[Approved: May 28, 2013]

 

AN ACT relating to historic preservation; encouraging the Office of Historic Preservation of the State Department of Conservation and Natural Resources to collaborate with Partners in Conservation to identify and develop programs for the preservation and protection of the historical culture of St. Thomas, Nevada; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      This bill recognizes the cultural significance of St. Thomas, Nevada, and encourages the identification and development of programs for the preservation and protection of the historical culture of St. Thomas.

 

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

 

      Whereas, The first settlements in Clark County were established in 1865 at St. Thomas, Nevada, and officially vacated in 1938 when the rising waters created from the Hoover Dam flooded the town; and

      Whereas, St. Thomas contains unique, culturally important resources; and

      Whereas, The flooding of St. Thomas has alienated the residents of Clark County from their heritage, threatening the protection and preservation of the town’s cultural resources for the enjoyment of future generations; and

      Whereas, The National Park Service requires accommodation for traditionally associated groups whose traditions are closely tied to the resources in a park area; and

      Whereas, The National Park Service has encouraged park managers to be proactive with such traditionally associated groups regarding the protection and preservation of their cultural heritage; and

      Whereas, Local governments in the communities surrounding Northeast Clark County have publicly expressed their desire to promote the cultural heritage of St. Thomas and the original settlers of Clark County by establishing Traditionally Associated Group status with the National Park Service at the Lake Mead National Recreation Area; and

 


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establishing Traditionally Associated Group status with the National Park Service at the Lake Mead National Recreation Area; and

      Whereas, Partners in Conservation, a nonprofit corporation, has demonstrated a desire to help identify and develop programs for the preservation and protection of the historical culture of St. Thomas; now, therefore

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  The Legislature hereby finds and declares that:

      1.  St. Thomas contains unique, culturally important resources.

      2.  To preserve, protect and promote for the benefit of present and future generations the unique, culturally important resources of St. Thomas, the Nevada Legislature hereby encourages the Office of Historic Preservation of the State Department of Conservation and Natural Resources to collaborate with Partners in Conservation to identify and develop programs for the preservation and protection of the historical culture of St. Thomas, including, without limitation, programs related to culturally developed waters, natural resource pathways, culturally associated resource sites and living history projects relating to pioneer cultural resources.

      Sec. 2.  The provisions of this act must not be construed to affect or prohibit any planning for or the development or use of any water resource in this State, including, without limitation, the attainment of full capacity for the storage of water in Lake Mead.

      Sec. 3.  This act becomes effective upon passage and approval.

________

CHAPTER 207, AB 382

Assembly Bill No. 382–Assemblyman Hardy

 

Joint Sponsor: Senator Hardy

 

CHAPTER 207

 

[Approved: May 28, 2013]

 

AN ACT relating to cities; authorizing the governing bodies of certain cities to impose a fee on the construction of a structure or the grading of land for certain purposes; authorizing, ratifying, approving and confirming certain ordinances enacted by Boulder City and the cities of Henderson, Las Vegas, Mesquite and North Las Vegas which impose such a fee; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law allows the board of county commissioners in a county whose population is 700,000 or more (currently Clark County) and which is home to an endangered or threatened species to enact an ordinance to impose a fee on the construction of a structure or the grading of land in the unincorporated areas of the county. The money collected from the fee is deposited into an enterprise fund and used to fund an area or zone for the preservation of the endangered or threatened species or subspecies.

 


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species or subspecies. (NRS 244.386) Section 2.3 of this bill allows the governing body of a city to impose the fee if the county in which the city is located has created such an enterprise fund. Section 2.5 of this bill authorizes the governing body of a city that has imposed the fee and in which exists an endangered or threatened species to: (1) take measures necessary to conserve the endangered or threatened species and to deposit the fee in an enterprise fund managed by the city; and (2) use the money in the fund to pay for measures taken to conserve the endangered or threatened species. Section 2.5 also provides that the governing body may not take such actions if those actions conflict with an agreement for the administration and management of any area established for the conservation, protection, restoration and propagation of species of native fish, wildlife and other fauna which are threatened with extinction. Section 5 of this bill retroactively authorizes Boulder City and the cities of Henderson, Las Vegas, Mesquite and North Las Vegas to impose such a fee, thereby validating any such fee which was previously imposed by any of those cities. (See Harris v. City of Reno, 81 Nev. 256, 259-60 (1965))

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  The Legislature hereby finds and declares:

      1.  Clark County, Boulder City, and the cities of Henderson, Las Vegas, Mesquite and North Las Vegas have obtained a permit under 16 U.S.C. § 1539(a) for the incidental taking of the desert tortoise (Gopherus agassizii), a species listed as “threatened” pursuant to the federal Endangered Species Act, 16 U.S.C. § 1531 et seq., and other species listed as “threatened” or “endangered” pursuant to that Act.

      2.  In order to maintain the permit described in subsection 1, Clark County, Boulder City and the cities of Henderson, Las Vegas, Mesquite and North Las Vegas are required to maintain a conservation zone which is supported by a fee imposed by the Board of County Commissioners of Clark County and the governing bodies of Boulder City and the cities of Henderson, Las Vegas, Mesquite and North Las Vegas on the construction of a structure or the grading of land.

      3.  The maintenance of the conservation zone described in subsection 2 helps ensure the preservation of all species and subspecies of plants and animals present in Clark County and thus avoid the listing of these species and subspecies pursuant to the federal Endangered Species Act, 16 U.S.C. § 1531 et seq.

      4.  A question has been raised with respect to the statutory or charter authority of the governing bodies of Boulder City and the cities of Henderson, Las Vegas, Mesquite and North Las Vegas to enact the following ordinances, which impose the fee described in subsection 2:

      (a) Boulder City Ordinances No. 859 (October 24, 1989), No. 891 (June 11, 1991) and No. 1130 (October 10, 2000);

      (b) City of Henderson Ordinances No. 1145 (October 3, 1989), No. 1163 (March 13, 1990), No. 1166 (April 3, 1990), No. 1256 (September 17, 1991), No. 1597 (August 1, 1995) and No. 1864 (October 6, 1998);

      (c) City of Las Vegas Ordinances No. 3459 (October 18, 1989), No. 3586 (June 19, 1991), No. 3922 (August 16, 1995), No. 5268 (November 1, 2000) and No. 6135 (March 16, 2011);

      (d) City of Mesquite Ordinances No. 53 (November 9, 1989) and No. 144 (July 25, 1995); and

 


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      (e) City of North Las Vegas Ordinances No. 949 (October 4, 1989), No. 1148 (July 19, 1995) and No. 1425 (September 6, 2000).

      5.  Through the enactment of NRS 244.386, the Legislature intended not only to authorize the Board of County Commissioners of Clark County to impose the fee described in subsection 2 in unincorporated areas of Clark County, but also to authorize the governing bodies of Boulder City and the cities of Henderson, Las Vegas, Mesquite and North Las Vegas to impose the fee described in subsection 2 within the boundaries of those cities.

      6.  The conservation zone would not be adequately funded if the governing bodies of Boulder City and the cities of Henderson, Las Vegas, Mesquite and North Las Vegas were prohibited from imposing the fee described in subsection 2 to fund the conservation zone or were required to refund fees they have already collected.

      7.  Inadequate funding for the conservation zone could result in the loss of the permit described in subsection 1 and in the listing of other species and subspecies present in Clark County as “threatened” or “endangered” pursuant to the federal Endangered Species Act, 16 U.S.C. § 1531 et seq., which would significantly inhibit economic development in Clark County and throughout the State of Nevada. This result would be detrimental to the public health, safety, convenience and welfare of the people of the State of Nevada.

      8.  That a general law cannot be made applicable for the provisions of this act and therefore a special act is necessary.

      Sec. 2. Chapter 268 of NRS is hereby amended by adding thereto the provisions set forth as sections 2.3 and 2.5 of this act.

      Sec. 2.3. 1.  The governing body of a city which is located in a county in which the board of county commissioners has created an enterprise fund pursuant to subsection 3 of NRS 244.386 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 within the city for the expense of carrying out the provisions of subsection 1 of NRS 244.386. 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.

      2.  Except as otherwise provided in section 2.5 of this act, if a fee is imposed pursuant to subsection 1, the governing body of the city shall transfer the money to the county treasurer for deposit in the enterprise fund created pursuant to subsection 3 of NRS 244.386.

      Sec. 2.5. 1.  The governing body of a city which has imposed a fee pursuant to section 2.3 of this act and in which exists a species or subspecies that has been declared endangered or threatened pursuant to the Endangered Species Act of 1973, 16 U.S.C. § 1531 et seq., as amended, 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 species or subspecies. In addition, the governing body of the city, in cooperation with the responsible local, state and federal agencies, may encourage in any other manner the preservation of those species or subspecies or any species or subspecies in the city which have been determined by the governing body of the city to be likely to have a significant impact upon the economy and lifestyles of the residents of the city if listed as endangered or threatened, including the expenditure for this purpose of money collected pursuant to section 2.3 of this act. The governing body of the city 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 governing body may establish.

 


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property, personal property, water rights, grazing permits and other interests in such property for this purpose, pursuant to such reasonable regulations as the governing body may establish. If any such property, rights or other interests are purchased from a nonprofit organization, the governing body of the city 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.

      2.  If a fee is imposed pursuant to section 2.3 of this act, the governing body of the city may create an enterprise fund exclusively for fees collected pursuant to section 2.3 of this act. 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 be used to pay the actual direct costs of the program or programs established pursuant to subsection 1.

      3.  The provisions of this section do not authorize the governing body of a city to take any action that conflicts with any provision of an agreement entered into pursuant to NRS 503.589.

      Sec. 3. NRS 244.386 is hereby amended to read as follows:

      244.386  1.  In a county whose population is 700,000 or more and in which exists a species or subspecies that has been declared endangered or threatened pursuant to the federal Endangered Species Act of 1973, as amended, the board of county commissioners 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 species or subspecies. In addition, the board, in cooperation with the responsible local, state and federal agencies, may encourage in any other manner the preservation of those species or subspecies or any species or subspecies in the county which have been determined by [a committee, appointed 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 the expenditure for this purpose of money collected pursuant to subsection 2 or section 2.3 of this act or the participation in an agreement made pursuant to NRS 503.589. The board 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 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.

      2.  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 1. 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.

      3.  If a fee is imposed pursuant to subsection 2 [,] or section 2.3 of this act, the board of county commissioners shall create an enterprise fund exclusively for fees collected pursuant to subsection 2 [.] and section 2.3 of this act. 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 1.

 


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in the fund may only be used to pay the actual direct costs of the program or programs established pursuant to subsection 1.

      Sec. 4. NRS 354.59891 is hereby amended to read as follows:

      354.59891  1.  As used in this section:

      (a) “Barricade permit” means the official document issued by the building officer of a local government which authorizes the placement of barricade appurtenances or structures within a public right-of-way.

      (b) “Building permit” means the official document or certificate issued by the building officer of a local government which authorizes the construction of a structure.

      (c) “Building permit basis” means the combination of the rate and the valuation method used to calculate the total building permit fee.

      (d) “Building permit fee” means the total fees that must be paid before the issuance of a building permit, including, without limitation, all permit fees and inspection fees. The term does not include, without limitation, fees relating to water, sewer or other utilities, residential construction tax, tax for the improvement of transportation imposed pursuant to NRS 278.710, any fee imposed pursuant to NRS 244.386 or section 2.3 of this act or any amount expended to change the zoning of the property.

      (e) “Current asset” means any cash maintained in an enterprise fund and any interest or other income earned on the money in the enterprise fund that, at the end of the current fiscal year, is anticipated by a local government to be consumed or converted into cash during the next ensuing fiscal year.

      (f) “Current liability” means any debt incurred by a local government to provide the services associated with issuing building permits that, at the end of the current fiscal year, is determined by the local government to require payment within the next ensuing fiscal year.

      (g) “Encroachment permit” means the official document issued by the building officer of a local government which authorizes construction activity within a public right-of-way.

      (h) “Operating cost” means the amount paid by a local government for supplies, services, salaries, wages and employee benefits to provide the services associated with issuing building permits.

      (i) “Working capital” means the excess of current assets over current liabilities, as determined by the local government at the end of the current fiscal year.

      2.  Except as otherwise provided in subsections 3 and 4, a local government shall not increase its building permit basis by more than an amount equal to the building permit basis on June 30, 1989, multiplied by a percentage equal to the percentage increase in the Western Urban Nonseasonally Adjusted Consumer Price Index, as published by the United States Department of Labor, from January 1, 1988, to the January 1 next preceding the fiscal year for which the calculation is made.

      3.  A local government may submit an application to increase its building permit basis by an amount greater than otherwise allowable pursuant to subsection 2 to the Nevada Tax Commission. The Nevada Tax Commission may allow the increase only if it finds that:

      (a) Emergency conditions exist which impair the ability of the local government to perform the basic functions for which it was created; or

      (b) The building permit basis of the local government is substantially below that of other local governments in the State and the cost of providing the services associated with the issuance of building permits in the previous fiscal year exceeded the total revenue received from building permit fees, excluding any amount of residential construction tax collected, for that fiscal year.

 


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fiscal year exceeded the total revenue received from building permit fees, excluding any amount of residential construction tax collected, for that fiscal year.

      4.  Upon application by a local government, the Nevada Tax Commission shall exempt the local government from the limitation on the increase of its building permit basis if:

      (a) The local government creates an enterprise fund pursuant to NRS 354.612 exclusively for building permit fees, fees imposed for the issuance of barricade permits and fees imposed for encroachment permits;

      (b) The purpose of the enterprise fund is to recover the costs of operating the activity for which the fund was created, including overhead;

      (c) Any interest or other income earned on the money in the enterprise fund is credited to the enterprise fund;

      (d) The local government maintains a balance of unreserved working capital in the enterprise fund that does not exceed 50 percent of the annual operating costs and capital expenditures for the program for the issuance of barricade permits, encroachment permits and building permits of the local government, as determined by the annual audit of the local government conducted pursuant to NRS 354.624; and

      (e) The local government does not use any of the money in the enterprise fund for any purpose other than the actual direct and indirect costs of the program for the issuance of barricade permits, encroachment permits and building permits, including, without limitation, the cost of checking plans, issuing permits, inspecting buildings and administering the program. The Committee on Local Government Finance shall adopt regulations governing the permissible expenditures from an enterprise fund pursuant to this paragraph.

      5.  Any amount in an enterprise fund created pursuant to this section that is designated for special use, including, without limitation, prepaid fees and any other amount subject to a contractual agreement, must be identified as a restricted asset and must not be included as a current asset in the calculation of working capital.

      6.  If a balance in excess of the amount authorized pursuant to paragraph (d) of subsection 4 is maintained in an enterprise fund created pursuant to this section at the close of 2 consecutive fiscal years, the local government shall reduce the fees for barricade permits, encroachment permits and building permits it charges by an amount that is sufficient to ensure that the balance in the enterprise fund at the close of the fiscal year next following those 2 consecutive fiscal years does not exceed the amount authorized pursuant to paragraph (d) of subsection 4.

      Sec. 5.  1.  The Legislature hereby authorizes, ratifies, approves and confirms with respect to the imposition, modification and disposition of the fee on the construction of a structure or the grading of land imposed for the purposes described in subsection 1 of section 2.3 of this act:

      (a) All of the provisions of Ordinance No. 859, of Boulder City, Nevada, passed and adopted by the City Council of Boulder City and approved by the Mayor thereof all on October 24, 1989, entitled “An ordinance to amend Title 11 adding Chapter 11-43 to provide that Title 11 is applicable to all development in Boulder City and to eliminate any appeals or exceptions to the provisions of proposed 11-43 and to add a new chapter to Title 11, Chapter 11-43 entitled ‘Desert Tortoise Habitat Conservation’ and providing for other matters properly related thereto.”

 


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      (b) All of the provisions of Ordinance No. 891, of Boulder City, Nevada, passed and adopted by the City Council of Boulder City and approved by the Mayor thereof all on June 11, 1991, entitled “An ordinance to repeal and replace Title 11, Chapter 43, to facilitate the implementation of a habitat conservation plan for the desert tortoise in Clark County including raising the mitigation fee for development permits for property located within the boundary of the area covered by the section 10(a) permit and requiring property owners within this area to complete a Habitat Conservation Plan compliance report prior to the issuance of a development permit; and providing for other matters properly relating thereto.”

      (c) All of the provisions of Ordinance No. 1130, of Boulder City, Nevada, passed and adopted by the City Council of Boulder City and approved by the Mayor thereof all on October 10, 2000, entitled “An ordinance amending Title 11 by repealing Chapter 11-43 entitled, ‘Desert Tortoise Habitat Conservation’ and replacing it with a new Chapter 11-43 entitled ‘Multiple Species Habitat Conservation’ in lieu thereof.”

      (d) All of the provisions of Ordinance No. 1145, of the City of Henderson, Nevada, passed and adopted by the City Council of the City of Henderson and approved by the Mayor thereof all on October 3, 1989, entitled “An ordinance of the City Council of the City of Henderson, Nevada, establishing a new section in Chapter 18.04 entitled ‘Desert Tortoise Habitat Conservation’, and other matters related thereto.”

      (e) All of the provisions of Ordinance No. 1163, of the City of Henderson, Nevada, passed and adopted by the City Council of the City of Henderson and approved by the Mayor thereof all on March 13, 1990, entitled “An ordinance to amend Title 18, Chapter 18.04 by amending Section 18.36.030(e) to specifically provide that demolition permits and temporary power permits are not considered development permits, to add new sections 18.36.032 and 18.36.034 to provide for the applicable interim mitigation fee for off-premises signs, communication towers, townhouses, condominiums and planned unit developments and by amending 18.36.070 exempting residential accessory structures and additions that do not exceed 50 percent of the size of the existing residence, commercial accessory structures and additions that do not exceed 10 percent of the size of the existing commercial structures and replacement of existing mobile homes or manufactured housing from imposition of the interim mitigation fee; and providing other matters properly relating thereto.”

      (f) All of the provisions of Ordinance No. 1166, of the City of Henderson, Nevada, passed and adopted by the City Council of the City of Henderson and approved by the Mayor thereof all on April 3, 1990, entitled “An ordinance of the City Council of the City of Henderson, to amend Title 18 of the Henderson Municipal Code by amending Chapter 18.36 to make provisions and exemptions for mobile homes and modular buildings, to reduce the acreage requirement, and providing for other matters properly related thereto.”

      (g) All of the provisions of Ordinance No. 1256, of the City of Henderson, Nevada, passed and adopted by the City Council of the City of Henderson and approved by the Mayor thereof all on September 17, 1991, entitled “An ordinance to amend Title 18 Chapter 18.36 to facilitate the implementation of a Habitat Conservation Plan for the Desert Tortoise in Clark County including raising the mitigation fee to $550.00 a gross acre for development permits for property located within the boundary of the area covered by the Section 10(a) Permit and requiring property owners within this area to complete a Habitat Conservation Plan compliance report prior to the issuance of a development permit; and providing for other matters properly for relating thereto.”

 


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covered by the Section 10(a) Permit and requiring property owners within this area to complete a Habitat Conservation Plan compliance report prior to the issuance of a development permit; and providing for other matters properly for relating thereto.”

      (h) All of the provisions of Ordinance No. 1597, of the City of Henderson, Nevada, passed and adopted by the City Council of the City of Henderson and approved by the Mayor thereof all on August 1, 1995, entitled “An ordinance of the City Council of the City of Henderson, to amend Title 18, Chapter 18.36 to facilitate the implementation of the Desert Conservation Plan for the desert tortoise and other sensitive species in Clark County including the imposition of a mitigation fee to $550.00 a gross acre for development permits for all property located within Clark County below 5000 fee[t] in elevation and requiring property owners within this area to complete a Land Disturbance Report prior to the issuance of a development permit; and providing for other matters properly relating thereto.”

      (i) Section 19.9.10 of Ordinance No. 1864, of the City of Henderson, Nevada, passed and adopted by the City Council of the City of Henderson and approved by the Mayor thereof all on October 6, 1998, entitled “An ordinance to amend the Henderson Municipal Code by repealing Titles 18 (subdivisions) and 19 (zoning), and by adopting a new Title 19, entitled the Henderson Development Code, which regulates subdivisions and zoning, and other matters related thereto.”

      (j) All of the provisions of Ordinance No. 3459, of the City of Las Vegas, Nevada, passed and adopted by the City Council of the City of Las Vegas and approved by the Mayor thereof all on October 18, 1989, entitled “An ordinance to amend Title 18 by adding thereto a new Chapter 47 entitled ‘Desert Tortoise Habitat Conservation’; providing for Clark County to apply for a Section 10(a) permit under the Federal Endangered Species Act of 1973, and to develop a Habitat Conservation Plan; defines the terms as used in the ordinance, including development permit, which is defined as a building, grading, encroachment or offsite improvement permit; designating all of unincorporated Clark County as the Clark County Desert Tortoise Habitat Conservation Plan Study Area and includes all of this territory in the fee assessment area; provides for an Interim Mitigation Fee of $250.00 per gross acre or portion thereof of a development except for one single family residence on a lot greater than five acres where at least four acres remain in ungraded natural condition, in which case the fee will be $250.00; exempt from the payment of fees reconstruction of a structure damaged or destroyed by fire or natural causes, rehabilitation or remodeling of existing structures or existing offsite improvements, development of parcel by a governmental entity for a governmental purpose when the governmental entity or district has contributed money for the development of the Habitat Conservation Plan; development of a parcel for which the proper Interim Mitigation Fee has previously been paid; construction of certain public utility transmission facilities and development of any parcel which has been issued a Section 10(a) permit; allows the board to adjust the fee in the future; provides that all fees collected are to be deposited into a Desert Tortoise Special Reserve Fund and are to be used solely for preparation and development of a Habitat Conservation Plan; and for the application for a Section 10(a) permit under the Federal Endangered Species Act for the Desert Tortoise; providing for other matters properly relating thereto; and repealing all ordinances and parts of ordinances in conflict herewith.”

 


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      (k) All of the provisions of Ordinance No. 3586, of the City of Las Vegas, Nevada, passed and adopted by the City Council of the City of Las Vegas and approved by the Mayor thereof all on June 19, 1991, entitled “An ordinance to amend Title 18, Chapter 47 of the Municipal Code of the City of Las Vegas, Nevada, 1983 Edition, to facilitate the implementation of a Habitat Conservation Plan for the Desert Tortoise in the City of Las Vegas, including raising the mitigation fee to $550.00 a gross acre for development permits for property located within the boundary of the area covered by the Section 10(a) permit and requiring property owners within this area to complete a Habitat Conservation Plan Compliance Report prior to the issuance of a development permit; providing for other matters properly relating thereto; and repealing all ordinances and parts of ordinances in conflict herewith.”

      (l) All of the provisions of Ordinance No. 3922, of the City of Las Vegas, Nevada, passed and adopted by the City Council of the City of Las Vegas and approved by the Mayor thereof all on August 16, 1995, entitled “An ordinance relating to habitat conservation; repealing Title 18, Chapter 30, of the Municipal Code of the City of Las Vegas, Nevada, 1983 Edition; adopting as part of said Title a new chapter, designated as Chapter 30, to facilitate the implementation of a Desert Conservation Plan for the Desert Tortoise and other sensitive species; providing for other matters properly relating thereto; and repealing all ordinances and parts of ordinances in conflict herewith.”

      (m) All of the provisions of Ordinance No. 5268, of the City of Las Vegas, Nevada, passed and adopted by the City Council of the City of Las Vegas and approved by the Mayor thereof all on November 1, 2000, entitled “An ordinance to repeal the Municipal Code chapter regarding Desert Tortoise habitat conservation, replace it with a new chapter regarding multiple species habitat conservation, and provide for other related matters.”

      (n) Section 19.02.300 of Ordinance No. 6135, of the City of Las Vegas, Nevada, passed and adopted by the city council of the City of Las Vegas and approved by the mayor thereof all on March 16, 2011, entitled “An ordinance relating to zoning and land development; repealing Titles 18 and 19 of the municipal code and adopting by reference a unified development code, to be contained in a new Title 19; and providing for other related matters.”

      (o) All of the provisions of Ordinance No. 53, of the City of Mesquite, Nevada, passed and adopted by the City Council of the City of Mesquite and approved by the Mayor thereof all on November 9, 1989, entitled “An ordinance entitled ‘Desert Tortoise Habitat Conservation’ applicable to all development in the Mesquite City, and providing for Mesquite City to apply, as set out in interlocal agreement with Clark County and other incorporated cities of the county, for a Section 10(a) permit under the Federal Endangered Species Act of 1973, and to develop a Habitat Conservation Plan; define the terms as used in the ordinance including development permit which is defined as a building, grading, encroachment or offsite improvement permit; designating all of incorporated Mesquite City as part of Clark County Desert Tortoise Habitat Conservation Plan Study Area and includes all of this territory in the fee assessment area; provides for an Interim Mitigation Fee of $250.00 per gross acre or portion thereof of a development except for one single family residence on a lot greater than five acres where at least four acres remain in ungraded natural condition in which case the fee will be $250.00; exempt from the payment of fees: reconstruction of a structure damaged or destroyed by fire or natural causes, rehabilitation or remodeling of existing structures or existing offsite improvements, development of parcel by a governmental entity for a governmental purpose when the governmental entity or district has contributed money for the development of the Habitat Conservation Plan, development of a parcel for which the proper Interim

 


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$250.00; exempt from the payment of fees: reconstruction of a structure damaged or destroyed by fire or natural causes, rehabilitation or remodeling of existing structures or existing offsite improvements, development of parcel by a governmental entity for a governmental purpose when the governmental entity or district has contributed money for the development of the Habitat Conservation Plan, development of a parcel for which the proper Interim Mitigation Fee has been previously paid, construction of certain public utility transmission facilities and development of any parcel which has been issued a Section 10(a) permit; allows the council to adjust the fee in the future; provides that all fees collected are to be deposited into a Desert Tortoise Special Reserve Fund and are to be used solely for preparation and development of a Habitat Conservation Plan; and for the application for a Section 10(a) permit under the Federal Endangered Species Act for the Desert Tortoise and providing for other matters properly related thereto.”

      (p) All of the provisions of Ordinance No. 144, of the City of Mesquite, Nevada, passed and adopted by the City Council of the City of Mesquite and approved by the Mayor thereof all on July 25, 1995, entitled “An ordinance of the City of Mesquite to amend Title 7, Chapter 2 to facilitate the implementation of the Desert Conservation Plan for the Desert Tortoise and other sensitive species in Clark County including the imposition of a mitigation fee of $550.00 a gross acre for development permits for all property located within the City of Mesquite and requiring property owners within this area to complete a land disturbance report prior to the issuance of a development permit; and providing for other matters properly relating thereto.”

      (q) All of the provisions of Ordinance No. 949, of the City of North Las Vegas, Nevada, passed and adopted by the City Council of the City of North Las Vegas and approved by the Mayor thereof all on October 4, 1989, entitled “An ordinance to amend Title 13, by adding thereto a new chapter designated 13.70 which shall be entitled ‘Desert Tortoise Habitat Conservation’ providing for North Las Vegas to apply for a Section 10(a) permit under the Federal Endangered Species Act of 1973, and to develop a Habitat Conservation Plan, defines the terms as used in the ordinance including development permit which is defined as a building, grading, encroachment or offsite improvement permit, designating all of North Las Vegas to be within the Clark County Desert Tortoise Habitat Conservation Plan Study Area and includes all of this territory in the fee assessment area, provides for an Interim Mitigation Fee of $250.00 per gross acre or portion thereof of a development except for one single family residence on a lot greater than five acres where at least four acres remain in ungraded natural condition in which case the fee will be $250.00, exempts from the payment of fees reconstruction of a structure damaged or destroyed by fire or natural causes, rehabilitation or remodeling of existing structures or existing offsite improvements, development of parcel by a governmental entity for a governmental purpose when the governmental entity or district has contributed money for the development of the Habitat Conservation Plan, development of a parcel for which the proper Interim Mitigation Fee has previously been paid, construction of certain public utility transmission facilities and development of any parcel which has been issued a Section 10(a) permit, allows the council to adjust the fee in the future, provides that all fees collected are to be deposited into a Desert Tortoise Special Reserve Fund and are to be used solely for preparation and development of a Habitat Conservation Plan, and for the application for a Section 10(a) permit under the Federal Endangered Species Act for the Desert Tortoise and providing for other matters properly related thereto.”

 


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ê2013 Statutes of Nevada, Page 786 (Chapter 207, AB 382)ê

 

Conservation Plan, and for the application for a Section 10(a) permit under the Federal Endangered Species Act for the Desert Tortoise and providing for other matters properly related thereto.”

      (r) All of the provisions of Ordinance No. 1148, of the City of North Las Vegas, Nevada, passed and adopted by the City Council of the City of North Las Vegas and approved by the Mayor thereof all on July 19, 1995, entitled “An ordinance of the City Council of the City of North Las Vegas to repeal Title 13, Chapter 13.70 to facilitate the implementation of the Desert Conservation Plan for the Desert Tortoise and other sensitive species in Clark County including the imposition of a mitigation fee to $550.00 a gross acre for development permits for all property located within Clark County below 5000 feet in elevation and requiring property owners within this area to complete a land disturbance report prior to the issuance of a development permit; and providing for other matters properly relating thereto.”

      (s) All of the provisions of Ordinance No. 1425, of the City of North Las Vegas, Nevada, passed and adopted by the City Council of the City of North Las Vegas and approved by the Mayor thereof all on September 6, 2000, entitled “An ordinance of the City Council of the City of North Las Vegas, Nevada, to amend Ordinance No. 1148, Chapter 15.44 of Title 15 of the North Las Vegas Municipal Code to change the desert conservation plan to the multiple species habitat conservation plan; and providing for other matters properly related thereto.”

      2.  This section shall operate to supply such legislative authority as may be necessary to validate any and all acts performed, or proceedings taken, by or on behalf of Boulder City, Nevada, the City of Henderson, Nevada, the City of Las Vegas, Nevada, the City of Mesquite, Nevada, and the City of North Las Vegas, Nevada, pursuant to, or in anywise appertaining to the provisions of the ordinances described in subsection 1.

      Sec. 6.  This act is necessary to secure and preserve the public health, safety, convenience and welfare of the people of the State of Nevada, and it shall be liberally construed to effect its purpose.

      Sec. 7.  This act becomes effective upon passage and approval.

________

CHAPTER 208, AB 383

Assembly Bill No. 383–Assemblywoman Bustamante Adams

 

Joint Sponsors: Senators Kieckhefer and Smith

 

CHAPTER 208

 

[Approved: May 28, 2013]

 

AN ACT relating to governmental administration; authorizing the Sunset Subcommittee of the Legislative Commission to recommend the auditing of certain boards or commissions; providing that certain members of the Sunset Subcommittee are nonvoting members; decreasing the number of boards and commissions that the Sunset Subcommittee is required to review; removing the requirement that the Sunset Subcommittee submit a written assessment to a board or commission setting forth the costs of a review; and providing other matters properly relating thereto.

 


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ê2013 Statutes of Nevada, Page 787 (Chapter 208, AB 383)ê

 

Legislative Counsel’s Digest:

      Existing law requires the Sunset Subcommittee of the Legislative Commission to conduct a review of certain boards and commissions in this State. The Sunset Subcommittee is required to review: (1) not less than 20 such boards and commissions each year; and (2) each board and commission subject to review not less than once every 10 years. The Sunset Subcommittee also must submit a written assessment to each board or commission that is reviewed which sets forth the costs of the review, and the board or commission must pay such an amount to the Sunset Subcommittee. (NRS 232B.220) Section 3 of this bill revises these provisions and only requires the Sunset Subcommittee to review not less than 10 boards and commissions each legislative interim. Section 3 additionally removes the provisions concerning the written assessment.

      Section 1 of this bill provides that at any time during a legislative interim, if the Sunset Subcommittee determines that a board or commission should be audited, the Sunset Subcommittee must make a recommendation to the Legislative Commission, and the Legislative Commission must determine whether to direct the Legislative Auditor to perform an audit. The Legislative Auditor is prohibited from performing more than four such audits during a legislative interim.

      Section 2 of this bill specifies that the members of the Sunset Subcommittee who are members of the general public are nonvoting members.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 232B of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  At any time during a legislative interim, if the Sunset Subcommittee of the Legislative Commission determines that a board or commission subject to review by the Sunset Subcommittee should be audited, the Sunset Subcommittee shall make such a recommendation to the Legislative Commission. The Sunset Subcommittee shall include with its recommendation a summary of the justification for the recommendation.

      2.  After receiving a recommendation from the Sunset Subcommittee pursuant to subsection 1, the Legislative Commission shall evaluate the recommendation and determine whether to direct the Legislative Auditor to perform an audit of the board or commission pursuant to NRS 218G.120. In making its determination, the Legislative Commission shall consider the current workload of the Audit Division of the Legislative Counsel Bureau.

      3.  The Legislative Auditor shall not perform more than four audits directed by the Legislative Commission pursuant to this section during a legislative interim.

      Sec. 2. NRS 232B.210 is hereby amended to read as follows:

      232B.210  1.  The Sunset Subcommittee of the Legislative Commission, consisting of nine members, is hereby created. The membership of the Sunset Subcommittee consists of:

      (a) Three voting members of the Legislature appointed by the Majority Leader of the Senate, at least one of whom must be a member of the minority political party;

      (b) Three voting members of the Legislature appointed by the Speaker of the Assembly, at least one of whom must be a member of the minority political party; and

 


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ê2013 Statutes of Nevada, Page 788 (Chapter 208, AB 383)ê

 

      (c) Three nonvoting members of the general public appointed by the Chair of the Legislative Commission from among the names of nominees submitted by the Governor pursuant to subsection 2.

      2.  The Governor shall, at least 30 days before the beginning of the term of any member appointed pursuant to paragraph (c) of subsection 1, or within 30 days after such a position on the Sunset Subcommittee becomes vacant, submit to the Legislative Commission the names of at least three persons qualified for membership on the Sunset Subcommittee. The Chair of the Legislative Commission shall appoint a new member or fill the vacancy from the list, or request a new list. The Chair of the Legislative Commission may appoint any qualified person who is a resident of this State to a position described in paragraph (c) of subsection 1.

      3.  Each member of the Sunset Subcommittee serves at the pleasure of the appointing authority.

      4.  The voting members of the Sunset Subcommittee shall elect a Chair from one House of the Legislature and a Vice Chair from the other House. Each Chair and Vice Chair holds office for a term of 2 years commencing on July 1 of each odd-numbered year. If a vacancy occurs in the office of Chair or Vice Chair, the vacancy must be filled in the same manner as the original selection for the remainder of the unexpired term.

      5.  The membership of any member of the Sunset Subcommittee who is a Legislator and who is not a candidate for reelection or who is defeated for reelection terminates on the day next after the general election.

      6.  A vacancy on the Sunset Subcommittee must be filled in the same manner as the original appointment.

      7.  The Sunset Subcommittee shall meet at the times and places specified by a call of the Chair. [Five] Four voting members of the Sunset Subcommittee constitute a quorum, and a quorum may exercise any power or authority conferred on the Sunset Subcommittee.

      8.  For each day or portion of a day during which a member of the Sunset Subcommittee who is a Legislator attends a meeting of the Sunset Subcommittee or is otherwise engaged in the business of the Sunset Subcommittee, except during a regular or special session of the Legislature, the Legislator is entitled to receive the:

      (a) Compensation provided for a majority of the members of the Legislature during the first 60 days of the preceding regular session;

      (b) Per diem allowance provided for state officers generally; and

      (c) Travel expenses provided pursuant to NRS 218A.655.

Ê The compensation, per diem allowances and travel expenses of the members of the Sunset Subcommittee who are Legislators must be paid from the Legislative Fund.

      9.  While engaged in the business of the Sunset Subcommittee, the members of the Subcommittee who are not Legislators are entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      Sec. 3. NRS 232B.220 is hereby amended to read as follows:

      232B.220  1.  The Sunset Subcommittee of the Legislative Commission shall conduct a review of each board and commission in this State which is not provided for in the Nevada Constitution or established by an executive order of the Governor to determine whether the board or commission should be terminated, modified, consolidated with another board or commission or continued. Such a review must include, without limitation:

 


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ê2013 Statutes of Nevada, Page 789 (Chapter 208, AB 383)ê

 

      (a) An evaluation of the major policies and programs of the board or commission, including, without limitation, an examination of other programs or services offered in this State to determine if any other provided programs or services duplicate those offered by the board or commission;

      (b) Any recommendations for improvements in the policies and programs offered by the board or commission; and

      (c) A determination of whether any statutory tax exemptions, abatements or money set aside to be provided to the board or commission should be terminated, modified or continued.

      2.  The Sunset Subcommittee shall review [:

      (a)Not] not less than [20] 10 boards and commissions specified in subsection 1 each [year; and

      (b)Each of those boards and commissions not less than once every 10 years.

      3.  For each review of a board or commission that the Sunset Subcommittee conducts, the Sunset Subcommittee shall submit a written assessment to the board or commission setting forth the costs of the review. In determining the amount of an assessment pursuant to this subsection, the Sunset Subcommittee shall consider, based upon the information provided by the board or commission pursuant to NRS 232B.230, whether any additional analysis or evaluation is required to review the board or commission because of the specialized nature of the board or commission. As soon as practicable after a board or commission receives a written assessment pursuant to this subsection, the board or commission shall pay the amount set forth in the written assessment to the Sunset Subcommittee.

      4.]legislative interim.

      3.  Any action taken by the Sunset Subcommittee concerning a board or commission pursuant to NRS 232B.210 to 232B.250, inclusive, and section 1 of this act is in addition or supplemental to any action taken by the Legislative Commission pursuant to NRS 232B.010 to 232B.100, inclusive.

      Sec. 4.  This act becomes effective upon passage and approval.

________

CHAPTER 209, AB 389

Assembly Bill No. 389–Assemblymen Cohen, Frierson, Diaz; Dondero Loop, Duncan, Fiore, Healey and Spiegel

 

CHAPTER 209

 

[Approved: May 28, 2013]

 

AN ACT relating to parentage; providing that a child is not required to be made a party to certain actions to determine the paternity of the child; revising provisions governing the representation of a child in certain actions; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Under existing law, in an action to determine paternity, a child is required to be made a party to the action. Existing law also requires the child, if he or she is a minor, to be represented by his or her general guardian or a guardian ad litem appointed by the court. (NRS 126.101) Section 2 of this bill removes from existing law the requirement that a child be made a party to an action to determine the paternity of the child and instead authorizes the child to be made a party to the action.

 


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ê2013 Statutes of Nevada, Page 790 (Chapter 209, AB 389)ê

 

child and instead authorizes the child to be made a party to the action. Section 2 also removes from existing law the requirement that: (1) a minor child be represented by his or her general guardian or a guardian ad litem in an action to determine the paternity of the child; and (2) in certain child support actions brought by a district attorney, the district attorney must act as guardian ad litem for the child or the Division of Welfare and Supportive Services of the Department of Health and Human Services must be appointed as guardian ad litem for the child.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 125B.150 is hereby amended to read as follows:

      125B.150  1.  The district attorney of the county of residence of the child, or of a parent, alleged parent or guardian who does not have physical custody of the child, shall take such action as is necessary to establish parentage of the child and locate and take legal action, including the establishment or adjustment of an obligation of support, against a person who has a duty to support the child when requested to do so by the parent, alleged parent or guardian or a public agency which provides assistance to the parent, alleged parent, guardian or child. If the court for cause transfers the action to another county, the clerk of the receiving court shall notify the district attorney of that county, and that district attorney shall proceed to prosecute the cause of action and take such further action as is necessary to establish parentage and to establish or adjust the obligation of support and to enforce the payment of support pursuant to this chapter or chapter 31A, 126, 130 or 425 of NRS.

      2.  In a county where the district attorney has deputies to aid the district attorney in the performance of his or her duties, the district attorney shall designate himself or herself or a particular deputy as responsible for performing the duties imposed by subsection 1.

      3.  [Except as otherwise provided in NRS 126.101, the] The district attorney and his or her deputies do not represent the parent, alleged parent, guardian or child in the performance of their duties pursuant to this chapter and chapter 31A, 126, 130 or 425 of NRS, but are rendering a public service as representatives of the State.

      4.  Officials of the Division of Welfare and Supportive Services of the Department of Health and Human Services are entitled to access to the information obtained by the district attorney if that information is relevant to the performance of their duties. The district attorney or his or her deputy shall inform each person who provides information pursuant to this section concerning the limitations on the confidentiality between lawyer and client under these circumstances.

      5.  Disclosures of criminal activity by a parent or child are not confidential.

      6.  The district attorney shall inform each parent who applies for the assistance of the district attorney in this regard that a procedure is available to collect unpaid support from any refund owed to the parent who has a duty to support the child because an excessive amount of money was withheld to pay the parent’s federal income tax.

 


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ê2013 Statutes of Nevada, Page 791 (Chapter 209, AB 389)ê

 

withheld to pay the parent’s federal income tax. The district attorney shall submit to the Division of Welfare and Supportive Services all documents and information it requires to pursue such a collection if:

      (a) The applicant is not receiving public assistance.

      (b) The district attorney has in his or her records:

             (1) A copy of the order of support for a child and any modifications of the order which specify their date of issuance and the amount of the ordered support;

             (2) A copy of a record of payments received or, if no such record is available, an affidavit signed by the custodial parent attesting to the amount of support owed; and

             (3) The current address of the custodial parent.

      (c) From the records in the possession of the district attorney, the district attorney has reason to believe that the amount of unpaid support is not less than $500.

Ê Before submitting the documents and information to the Division of Welfare and Supportive Services, the district attorney shall verify the accuracy of the documents submitted relating to the amount claimed as unpaid support and the name and social security number of the parent who has a duty to support the child. If the district attorney has verified this information previously, the district attorney need not reverify it before submitting it to the Division of Welfare and Supportive Services.

      7.  The Division of Welfare and Supportive Services shall adopt such regulations as are necessary to carry out the provisions of subsection 6.

      Sec. 2. NRS 126.101 is hereby amended to read as follows:

      126.101  1.  [The] If the court determines that it is necessary for the child [must] to be made a party to the action, the court may make the child a party to the action. If the child is a minor [, the child must be represented by his or her general guardian or a guardian ad litem appointed by the court.] and the court determines that it is necessary to appoint a guardian ad litem to represent the child, the court may appoint a guardian ad litem for the child. The child’s mother or father may not represent the child as guardian or otherwise. [If a district attorney brings an action pursuant to NRS 125B.150 and the interests of the child:

      (a) Are adequately represented by the appointment of the district attorney as the child’s guardian ad litem, the district attorney shall act as guardian ad litem for the child without the need for court appointment.

      (b) Are not adequately represented by the appointment of the district attorney as the child’s guardian ad litem, the Division of Welfare and Supportive Services of the Department of Health and Human Services must be appointed as guardian ad litem in the case.]

      2.  The natural mother and a man presumed to be the father under NRS 126.051 must be made parties, but if more than one man is presumed to be the natural father, only a man presumed pursuant to subsection 2 or 3 of NRS 126.051 is an indispensable party. Any other presumed or alleged father may be made a party.

      3.  The court may align the parties.

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ê2013 Statutes of Nevada, Page 792ê

 

CHAPTER 210, AB 393

Assembly Bill No. 393–Assemblymen Fiore, Kirkpatrick, Hambrick; Aizley, Elliot Anderson, Paul Anderson, Bobzien, Bustamante Adams, Cohen, Diaz, Ellison, Frierson, Hansen, Healey, Hickey, Kirner, Livermore, Martin, Ohrenschall, Oscarson, Spiegel, Stewart, Swank, Wheeler and Woodbury

 

Joint Sponsors: Senators Segerblom and Gustavson

 

CHAPTER 210

 

[Approved: May 28, 2013]

 

AN ACT relating to children; expanding the rights of children placed in foster care with respect to their siblings; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law affords specific rights to children who are placed in a foster home by an agency which provides child welfare services. (NRS 432.500-432.550) Existing law provides a right to a child placed in a foster home to contact and visit his or her siblings, unless prohibited from doing so by court order. (NRS 432.525) Section 1 of this bill provides that this right does not apply if such contact is contrary to the safety of the child or his or her siblings. Section 1 also adds, to the extent practicable, the right for such a child to have contact with his or her siblings arranged on a regular basis and on holidays, birthdays and other significant life events. Section 1 further provides that such a child has the right not to have contact or visitation with a sibling withheld as a form of punishment. Section 2 of this bill provides a child who is placed in a foster home with the right, consistent with the age and developmental experience of the child, to be informed of a plan to change, or a change in, the placement of a sibling who is placed in a foster home unless the sibling objects or such notification is prohibited by court order.

 

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

 

      Whereas, The importance of sibling relationships is widely recognized; and

      Whereas, Siblings share similar history, heritage and culture which is important to preserve; and

      Whereas, Separation from siblings is a significant and distinct loss, and the effect of that loss can be lessened by frequent contact between siblings; and

      Whereas, Maintaining sibling relationships fosters a sense of continuity and stability for children placed in foster care; and

      Whereas, Every foster child deserves to know and be actively involved in the lives of his or her siblings, absent extraordinary circumstances; now, therefore,

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 432.525 is hereby amended to read as follows:

      432.525  A child placed in a foster home by an agency which provides child welfare services has the right:

 


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ê2013 Statutes of Nevada, Page 793 (Chapter 210, AB 393)ê

 

      1.  To receive information concerning his or her rights set forth in this section and NRS 432.530 and 432.535.

      2.  To be treated with dignity and respect.

      3.  To fair and equal access to services, placement, care, treatment and benefits.

      4.  To receive adequate, healthy, appropriate and accessible food.

      5.  To receive adequate, appropriate and accessible clothing and shelter.

      6.  To receive appropriate medical care, including, without limitation:

      (a) Dental, vision and mental health services;

      (b) Medical and psychological screening, assessment and testing; and

      (c) Referral to and receipt of medical, emotional, psychological or psychiatric evaluation and treatment as soon as practicable after the need for such services has been identified.

      7.  To be free from:

      (a) Abuse or neglect, as defined in NRS 432B.020;

      (b) Corporal punishment, as defined in NRS 388.5225;

      (c) Unreasonable searches of his or her personal belongings or other unreasonable invasions of privacy;

      (d) The administration of psychotropic medication unless the administration is consistent with NRS 432B.197 and the policies established pursuant thereto; and

      (e) Discrimination or harassment on the basis of his or her actual or perceived race, ethnicity, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability or exposure to the human immunodeficiency virus.

      8.  To attend religious services of his or her choice or to refuse to attend religious services.

      9.  Except for placement in a facility, as defined in NRS 432B.6072, not to be locked in any room, building or premise or to be subject to other physical restraint or isolation.

      10.  Except as otherwise prohibited by the agency which provides child welfare services:

      (a) To send and receive unopened mail; and

      (b) To maintain a bank account and manage personal income, consistent with the age and developmental level of the child.

      11.  To complete an identification kit, including, without limitation, photographing, and include the identification kit and his or her photograph in a file maintained by the agency which provides child welfare services and any employee thereof who provides child welfare services to the child.

      12.  To communicate with other persons, including, without limitation, the right:

      (a) To communicate regularly, but not less often than once each month, with an employee of the agency which provides child welfare services who provides child welfare services to the child;

      (b) To communicate confidentially with the agency which provides child welfare services to the child concerning his or her care;

      (c) To report any alleged violation of his or her rights pursuant to NRS 432.550 without being threatened or punished;

      (d) Except as otherwise prohibited by a court order, to contact a family member, social worker, attorney, advocate for children receiving foster care services or guardian ad litem appointed by a court or probation officer; and

 


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ê2013 Statutes of Nevada, Page 794 (Chapter 210, AB 393)ê

 

      (e) Except as otherwise prohibited by a court order [,] and to the extent practicable, to contact and visit his or her siblings [.] , including siblings who have not been placed in foster homes and to have such contact arranged on a regular basis and on holidays, birthdays and other significant life events, unless such contact is contrary to the safety of the child or his or her siblings.

      13.  Not to have contact or visitation with a sibling withheld as a form of punishment.

      Sec. 2. NRS 432.530 is hereby amended to read as follows:

      432.530  With respect to the placement of a child in a foster home by an agency which provides child welfare services, the child has the right:

      1.  To live in a safe, healthy, stable and comfortable environment, including, without limitation, the right:

      (a) If safe and appropriate, to remain in his or her home, be placed in the home of a relative or be placed in a home within his or her community;

      (b) To be placed in an appropriate foster home best suited to meet the unique needs of the child, including, without limitation, any disability of the child;

      (c) To be placed in a foster home where the licensee, employees and residents of the foster home who are 18 years of age or older have submitted to an investigation of their background and personal history in compliance with NRS 424.031; and

      (d) To be placed with his or her siblings, whenever possible, and as required by law, if his or her siblings are also placed outside the home.

      2.  To receive and review information concerning his or her placement, including, without limitation, the right:

      (a) To receive information concerning any plan for his or her permanent placement adopted pursuant to NRS 432B.553;

      (b) To receive information concerning any changes made to his or her plan for permanent placement; and

      (c) If the child is 12 years of age or older, to review the plan for his or her permanent placement.

      3.  To attend and participate in a court hearing which affects the child, to the extent authorized by law and appropriate given the age and experience of the child.

      4.  Consistent with the age and developmental experience of the child, except as otherwise prohibited by court order or unless the sibling objects, to be informed of any plan to change, or change in, the placement of a sibling, including, without limitation:

      (a) A plan adopted pursuant to NRS 432B.553 for the permanent placement of the sibling; and

      (b) Any plan to change the placement of, or a change in the placement of, a sibling resulting from adoption, reaching the age of 18 years or otherwise leaving a foster home.

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ê2013 Statutes of Nevada, Page 795ê

 

CHAPTER 211, AB 417

Assembly Bill No. 417–Committee on Government Affairs

 

CHAPTER 211

 

[Approved: May 28, 2013]

 

AN ACT relating to redevelopment; requiring the legislative body of each community in which a redevelopment area has been established to create a revolving loan account administered by the redevelopment agency; authorizing a redevelopment agency to use money in a revolving loan account to make loans at or below market rate to new or existing small businesses in the redevelopment area; setting forth certain requirements relating to loans made from a revolving loan fund; requiring a redevelopment agency to adopt certain regulations and prepare certain reports relating to loans of money from a revolving loan account; authorizing a redevelopment agency to adopt an ordinance providing for the recalculation of the amount of the total assessed value of property in a redevelopment area under certain circumstances; providing for the set aside and use of certain revenues from taxes imposed on property in such a redevelopment area; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      The Community Redevelopment Law (NRS 279.382-279.685) authorizes the city council, board of county commissioners or other legislative body of a city or county to declare the need for a redevelopment agency to function in the community. The Community Redevelopment Law grants a redevelopment agency certain powers and duties with regard to the elimination of blight in a redevelopment area in the community.

      Sections 2-6 of this bill require the legislative body of a community to create a revolving loan account administered by the redevelopment agency. Money in the revolving loan account may be used by the agency only to make loans at or below market rate to new or existing small businesses in the redevelopment area. Section 2 defines a “small business” as a business that employs not more than 25 persons. Section 4 sets forth certain requirements for the making of loans from the revolving loan account and provides that the term of a loan of money from the revolving loan account must be 5 years or less. Section 5 requires each redevelopment agency to adopt regulations prescribing: (1) the process by which a small business may submit an application for a loan from the revolving loan account; (2) the criteria for eligibility for a loan; (3) the contents of an application for a loan; (4) the maximum amount of a loan which may be made from the revolving loan account; (5) the rate of interest for loans made from the revolving loan account; and (6) the collateral and security interest a small business is required to provide as security for the loan. Section 6 requires each redevelopment agency to make certain annual reports to the Legislature concerning loans of money from the revolving loan account.

      Existing law provides that if a redevelopment agency provides property for development at less than the fair market value of the property or provides financial incentives to a developer with a value of more than $100,000, the agency must provide in the agreement with the developer that the project is subject to certain provisions of existing law governing public works. (NRS 279.500) Section 13.3 of this bill extends the same requirements to any loan made by an agency to a small business pursuant to sections 2-6.

 

 

 


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ê2013 Statutes of Nevada, Page 796 (Chapter 211, AB 417)ê

 

      Section 13.5 of this bill authorizes a redevelopment agency in a city located in a county whose population is 700,000 or more (currently Clark County) to adopt, under certain circumstances, an ordinance which provides for the recalculation of the amount of the total assessed value of the taxable property in a redevelopment area for certain purposes. Section 13.5 provides that such a redevelopment agency may adopt such an ordinance only once and that the election to adopt such an ordinance is irrevocable. If such a redevelopment agency adopts such an ordinance and receives certain revenue from taxes, section 13.5 requires that 18 percent of such revenues received on or after the effective date of the ordinance be set aside to improve and preserve existing public educational facilities which are located within the redevelopment area or which serve pupils who reside within the redevelopment area. Section 13.5 also provides that the obligation of a redevelopment agency to set aside 18 percent of such revenues is subordinate to any existing obligations of the agency.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 279 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.

      Sec. 2. As used in sections 2 to 6, inclusive, of this act, “small business” means a business that employs not more than 25 persons.

      Sec. 3. 1.  Each legislative body shall create a revolving loan account in the treasury of the community. The account must be administered by the agency.

      2.  The money in a revolving loan account created pursuant to this section must be invested as money in other accounts in the treasury of the community is invested. All interest and income earned on the money in a revolving loan account must be credited to the account. Any money remaining in a revolving loan account at the end of a fiscal year does not revert to the general fund of the community, and the balance in the account must be carried forward.

      3.  All payments of principal and interest on loans made to a small business from a revolving loan account must be deposited with the treasurer of the community for credit to the account.

      4.  Claims against a revolving loan account must be paid as other claims against the agency are paid.

      5.  An agency may accept gifts, grants, bequests and donations from any source for deposit in the revolving loan account.

      Sec. 4. 1.  After deducting the costs directly related to administering a revolving loan account created pursuant to section 3 of this act, an agency may use the money in the account, including repayments of principal and interest on loans made from the account, and interest and income earned on money in the account, only to make loans at or below market rate to small businesses located within the redevelopment area or persons wishing to locate or relocate a new small business in the redevelopment area for the costs incurred:

      (a) In expanding or improving an existing small business, including, without limitation, costs incurred for remodeling; or

      (b) In locating or relocating a small business in the redevelopment area.

 


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      2.  The term of any loan that may be made from the revolving loan account must be 5 years or less.

      Sec. 5. 1.  A small business located in a redevelopment area or a person who wishes to locate or relocate a new small business in a redevelopment area may submit an application to the agency for a loan from the revolving loan account created pursuant to section 3 of this act. An application must include a written description of the manner in which the loan will be used.

      2.  An agency shall, within the limits of money available for use in the revolving loan account, make loans to small businesses and persons whose applications have been approved. If an agency makes a loan from the revolving loan account, the agency shall ensure that the contract for the loan includes all terms and conditions for repayment of the loan.

      3.  Each agency:

      (a) Shall adopt regulations that prescribe:

             (1) The process by which a small business may submit to the agency an application for a loan from the revolving loan account;

             (2) The criteria for eligibility for a loan from the revolving loan account;

             (3) The contents of an application for a loan from the revolving loan account, which must include, without limitation:

                   (I) A description of the business history of the applicant;

                   (II) A description of the income history of the applicant;

                   (III) A copy of the business plan of the applicant;

                   (IV) A description of the contributions of the applicant to the revitalization of the redevelopment area; and

                   (V) A statement of whether any money from the loan will be used by the applicant to maintain or create any jobs;

             (4) The maximum amount of a loan which may be made from the revolving loan account;

             (5) The rate of interest for loans made from the revolving loan account; and

            (6) The collateral and security interest that a small business is required to provide as security for the loan, which must be an amount sufficient to allow the agency to recoup the amount of the loan made to a small business if the small business defaults on the loan.

      (b) May adopt such other regulations as it deems necessary to carry out the provisions of sections 2 to 6, inclusive, of this act.

      Sec. 6. For each fiscal year beginning with Fiscal Year 2013-2014 and ending with Fiscal Year 2016-2017, each agency in this State shall prepare a written report of the loans made from the revolving loan account created pursuant to section 3 of this act, which must include, without limitation, information concerning the amount of each loan made from the revolving loan account, the terms of each loan and a description of the small businesses which have received loans from the account. The agency shall, on or before November 30 of each year, submit a copy of the report to the Director of the Legislative Counsel Bureau for transmittal to the Legislature, or if the Legislature is not in session, to the Legislative Commission.

 


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ê2013 Statutes of Nevada, Page 798 (Chapter 211, AB 417)ê

 

      Sec. 7. NRS 279.382 is hereby amended to read as follows:

      279.382  The provisions contained in NRS 279.382 to 279.685, inclusive, and sections 2 to 6, inclusive, of this act may be cited as the Community Redevelopment Law.

      Sec. 8. NRS 279.384 is hereby amended to read as follows:

      279.384  As used in NRS 279.382 to 279.685, inclusive, and sections 2 to 6, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 279.386 to 279.414, inclusive, have the meanings ascribed to them in those sections.

      Sec. 9. NRS 279.386 is hereby amended to read as follows:

      279.386  “Agency” means a redevelopment agency created under NRS 279.382 to 279.685, inclusive, and sections 2 to 6, inclusive, of this act or a legislative body which has elected to exercise the powers granted to an agency under NRS 279.382 to 279.685, inclusive [.] , and sections 2 to 6, inclusive, of this act.

      Sec. 10. NRS 279.410 is hereby amended to read as follows:

      279.410  “Redevelopment area” means an area of a community whose redevelopment is necessary to effectuate the public purposes declared in NRS 279.382 to 279.685, inclusive [.] , and sections 2 to 6, inclusive, of this act.

      Sec. 11. NRS 279.428 is hereby amended to read as follows:

      279.428  An agency shall not transact any business or exercise any powers under NRS 279.382 to 279.685, inclusive, and sections 2 to 6, inclusive, of this act unless, by resolution, the legislative body declares that there is need for an agency to function in the community.

      Sec. 12. NRS 279.444 is hereby amended to read as follows:

      279.444  1.  As an alternative to the appointment of five members of the agency pursuant to NRS 279.440 and as an alternative to the procedures set forth in NRS 279.443, the legislative body may, at the time of the adoption of a resolution pursuant to NRS 279.428, or at any time thereafter, declare itself to be the agency, in which case, all the rights, powers, duties, privileges and immunities vested by NRS 279.382 to 279.685, inclusive, and sections 2 to 6, inclusive, of this act in an agency are vested in the legislative body of the community. If the legislative body of a city declares itself to be the agency pursuant to this subsection, it may include the mayor of the city as part of the agency regardless of whether the mayor is a member of the legislative body.

      2.  A city may enact its own procedural ordinance and exercise the powers granted by NRS 279.382 to 279.685, inclusive [.] , and sections 2 to 6, inclusive, of this act.

      3.  An agency may delegate to a community any of the powers or functions of the agency with respect to the planning or undertaking of a redevelopment project in the area in which that community is authorized to act, and that community may carry out or perform those powers or functions for the agency.

      Sec. 13. NRS 279.462 is hereby amended to read as follows:

      279.462  An agency may:

      1.  Sue and be sued.

      2.  Have a seal.

      3.  Make and execute contracts and other instruments necessary or convenient to the exercise of its powers.

 


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ê2013 Statutes of Nevada, Page 799 (Chapter 211, AB 417)ê

 

      4.  Make, amend and repeal bylaws and regulations not inconsistent with, and to carry into effect, the powers and purposes of NRS 279.382 to 279.685, inclusive [.] , and sections 2 to 6, inclusive, of this act.

      5.  Obtain, hire, purchase or rent office space, equipment, supplies, insurance and services.

      6.  Authorize and pay the travel expenses of agency members, officers, agents, counsel and employees on agency business.

      Sec. 13.3. NRS 279.500 is hereby amended to read as follows:

      279.500  1.  The provisions of NRS 338.010 to 338.090, inclusive, apply to any contract for new construction, repair or reconstruction which is awarded on or after October 1, 1991, by an agency for work to be done in a project.

      2.  If an agency [provides] :

      (a) Provides property for development at less than the fair market value of the property [,] ;

      (b) Provides a loan to a small business pursuant to sections 2 to 6, inclusive, of this act; or [provides]

      (c) Provides financial incentives to [the] a developer with a value of more than $100,000,

Ê regardless of whether the project is publicly or privately owned, the agency must provide in the loan agreement with the small business or the agreement with the developer , as applicable, that the development project is subject to the provisions of NRS 338.010 to 338.090, inclusive, to the same extent as if the agency had awarded the contract for the project. This subsection applies only to the project covered by the loan agreement between the agency and the small business or the agreement between the agency and the developer [.] , as applicable. This subsection does not apply to future development of the property unless an additional loan, or additional financial incentives with a value of more than $100,000 , are provided to the small business or developer [.] , as applicable.

      Sec. 13.5. NRS 279.676 is hereby amended to read as follows:

      279.676  1.  Any redevelopment plan may contain a provision that taxes, if any, levied upon taxable property in the redevelopment area each year by or for the benefit of the State, any city, county, district or other public corporation, after the effective date of the ordinance approving the redevelopment plan, must be divided as follows:

      (a) That portion of the taxes which would be produced by the rate upon which the tax is levied each year by or for each of the taxing agencies upon the total sum of the assessed value of the taxable property in the redevelopment area as shown upon the assessment roll used in connection with the taxation of the property by the taxing agency, last equalized before the effective date of the ordinance, must be allocated to and when collected must be paid into the funds of the respective taxing agencies as taxes by or for such taxing agencies on all other property are paid. To allocate taxes levied by or for any taxing agency or agencies which did not include the territory in a redevelopment area on the effective date of the ordinance but to which the territory has been annexed or otherwise included after the effective date, the assessment roll of the county last equalized on the effective date of the ordinance must be used in determining the assessed valuation of the taxable property in the redevelopment area on the effective date. If property which was shown on the assessment roll used to determine the amount of taxes allocated to the taxing agencies is transferred to the State and becomes exempt from taxation, the assessed valuation of the exempt property as shown on the assessment roll last equalized before the date on which the property was transferred to the State must be subtracted from the assessed valuation used to determine the amount of revenue allocated to the taxing agencies.

 


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ê2013 Statutes of Nevada, Page 800 (Chapter 211, AB 417)ê

 

exempt from taxation, the assessed valuation of the exempt property as shown on the assessment roll last equalized before the date on which the property was transferred to the State must be subtracted from the assessed valuation used to determine the amount of revenue allocated to the taxing agencies.

      (b) Except as otherwise provided in paragraphs (c) and (d) and NRS 540A.265, that portion of the levied taxes each year in excess of the amount set forth in paragraph (a) must be allocated to and when collected must be paid into a special fund of the redevelopment agency to pay the costs of redevelopment and to pay the principal of and interest on loans, money advanced to, or indebtedness, whether funded, refunded, assumed, or otherwise, incurred by the redevelopment agency to finance or refinance, in whole or in part, redevelopment. Unless the total assessed valuation of the taxable property in a redevelopment area exceeds the total assessed value of the taxable property in the redevelopment area as shown by [the] :

             (1) The assessment roll last equalized before the effective date of the ordinance approving the redevelopment plan [,] ; or

             (2) The assessment roll last equalized before the effective date of an ordinance adopted pursuant to subsection 5,

Ê whichever occurs later, less the assessed valuation of any exempt property subtracted pursuant to paragraph (a), all of the taxes levied and collected upon the taxable property in the redevelopment area must be paid into the funds of the respective taxing agencies. When the redevelopment plan is terminated pursuant to the provisions of NRS 279.438 and 279.439 and all loans, advances and indebtedness, if any, and interest thereon, have been paid, all money thereafter received from taxes upon the taxable property in the redevelopment area must be paid into the funds of the respective taxing agencies as taxes on all other property are paid.

      (c) That portion of the taxes in excess of the amount set forth in paragraph (a) that is attributable to a tax rate levied by a taxing agency to produce revenues in an amount sufficient to make annual repayments of the principal of, and the interest on, any bonded indebtedness that was approved by the voters of the taxing agency on or after November 5, 1996, must be allocated to and when collected must be paid into the debt service fund of that taxing agency.

      (d) That portion of the taxes in excess of the amount set forth in paragraph (a) that is attributable to a new or increased tax rate levied by a taxing agency and was approved by the voters of the taxing agency on or after November 5, 1996, must be allocated to and when collected must be paid into the appropriate fund of the taxing agency.

      2.  Except as otherwise provided in subsection 3, in any fiscal year, the total revenue paid to a redevelopment agency must not exceed:

      (a) In a county whose population is 100,000 or more or a city whose population is 150,000 or more, an amount equal to the combined tax rates of the taxing agencies for that fiscal year multiplied by 10 percent of the total assessed valuation of the municipality.

      (b) In a county whose population is 30,000 or more but less than 100,000 or a city whose population is 25,000 or more but less than 150,000, an amount equal to the combined tax rates of the taxing agencies for that fiscal year multiplied by 15 percent of the total assessed valuation of the municipality.

 


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      (c) In a county whose population is less than 30,000 or a city whose population is less than 25,000, an amount equal to the combined tax rates of the taxing agencies for that fiscal year multiplied by 20 percent of the total assessed valuation of the municipality.

Ê If the revenue paid to a redevelopment agency must be limited pursuant to paragraph (a), (b) or (c) and the redevelopment agency has more than one redevelopment area, the redevelopment agency shall determine the allocation to each area. Any revenue which would be allocated to a redevelopment agency but for the provisions of this section must be paid into the funds of the respective taxing agencies.

      3.  The taxing agencies shall continue to pay to a redevelopment agency any amount which was being paid before July 1, 1987, and in anticipation of which the agency became obligated before July 1, 1987, to repay any bond, loan, money advanced or any other indebtedness, whether funded, refunded, assumed or otherwise incurred.

      4.  For the purposes of this section, the assessment roll last equalized before the effective date of the ordinance approving the redevelopment plan is the assessment roll in existence on March 15 immediately preceding the effective date of the ordinance.

      5.  If in any year the assessed value of the taxable property in a redevelopment area located in a city in a county whose population is 700,000 or more as shown by the assessment roll most recently equalized has decreased by 10 percent or more from the assessed value of the taxable property in the redevelopment area as shown by the assessment roll last equalized before the effective date of the ordinance approving the redevelopment plan, the redevelopment agency may adopt an ordinance which provides that the total assessed value of the taxable property in the redevelopment area for the purposes of paragraph (b) of subsection 1 is the total assessed value of the taxable property in the redevelopment area as shown by the assessment roll last equalized before the effective date of the ordinance adopted pursuant to this subsection. A redevelopment agency may adopt an ordinance pursuant to this subsection only once, and the election to adopt such an ordinance is irrevocable.

      6.  An agency which adopts an ordinance pursuant to subsection 5 and which receives revenue from taxes pursuant to paragraph (b) of subsection 1 shall set aside not less than 18 percent of that revenue received on and after the effective date of the ordinance to improve and preserve existing public educational facilities which are located within the redevelopment area or which serve pupils who reside within the redevelopment area. For each fiscal year, the agency shall prepare a written report concerning the amount of money expended for the purposes set forth in this subsection and shall, on or before November 30 of each year, submit a copy of the report to the Director of the Legislative Counsel Bureau for transmittal to the Legislative Commission, if the report is received during an odd-numbered year, or to the next session of the Legislature, if the report is received during an even-numbered year.

      7.  The obligation of an agency pursuant to subsection 6 to set aside not less than 18 percent of the revenue from taxes allocated to and received by the agency pursuant to paragraph (b) of subsection 1 is subordinate to any existing obligations of the agency. As used in this subsection, “existing obligations” means the principal and interest, when due, on any bonds, notes or other indebtedness whether funded, refunded, assumed or otherwise incurred by an agency before the effective date of an ordinance adopted by the agency pursuant to subsection 5, to finance or refinance in whole or in part, the redevelopment of a redevelopment area.

 


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ê2013 Statutes of Nevada, Page 802 (Chapter 211, AB 417)ê

 

on any bonds, notes or other indebtedness whether funded, refunded, assumed or otherwise incurred by an agency before the effective date of an ordinance adopted by the agency pursuant to subsection 5, to finance or refinance in whole or in part, the redevelopment of a redevelopment area. For the purposes of this subsection, obligations incurred by an agency on or after the effective date of an ordinance adopted by the agency pursuant to subsection 5 shall be deemed existing obligations if the net proceeds are used to refinance existing obligations of the agency.

      Sec. 13.7. NRS 279.685 is hereby amended to read as follows:

      279.685  1.  Except as otherwise provided in this section [,] or subsections 6 and 7 of NRS 279.676, an agency of a city whose population is 500,000 or more that receives revenue from taxes pursuant to paragraph (b) of subsection 1 of NRS 279.676 shall set aside not less than:

      (a) Fifteen percent of that revenue received on or before October 1, 1999, and 18 percent of that revenue received after October 1, 1999, but before October 1, 2011, to increase, improve and preserve the number of dwelling units in the community for low-income households; and

      (b) Eighteen percent of that revenue received on or after October 1, 2011, to increase, improve and preserve the number of:

             (1) Dwelling units in the community for low-income households; and

             (2) Educational facilities within the redevelopment area.

      2.  The obligation of an agency to set aside not less than 15 percent of the revenue from taxes allocated to and received by the agency pursuant to paragraph (b) of subsection 1 of NRS 279.676 is subordinate to any existing obligations of the agency. As used in this subsection, “existing obligations” means the principal and interest, when due, on any bonds, notes or other indebtedness whether funded, refunded, assumed or otherwise incurred by the agency before July 1, 1993, to finance or refinance in whole or in part, the redevelopment of a redevelopment area. For the purposes of this subsection, obligations incurred by an agency after July 1, 1993, shall be deemed existing obligations if the net proceeds are used to refinance existing obligations of the agency.

      3.  The obligation of an agency to set aside an additional 3 percent of the revenue from taxes allocated to and received by the agency pursuant to paragraph (b) of subsection 1 of NRS 279.676 is subordinate to any existing obligations of the agency. As used in this subsection, “existing obligations” means the principal and interest, when due, on any bonds, notes or other indebtedness whether funded, refunded, assumed or otherwise incurred by the agency before October 1, 1999, to finance or refinance in whole or in part, the redevelopment of a redevelopment area. For the purposes of this subsection, obligations incurred by an agency after October 1, 1999, shall be deemed existing obligations if the net proceeds are used to refinance existing obligations of the agency.

      4.  From the revenue set aside by an agency pursuant to paragraph (b) of subsection 1, not more than 50 percent of that amount may be used to:

      (a) Increase, improve and preserve the number of dwelling units in the community for low-income households; or

      (b) Increase, improve and preserve the number of educational facilities within the redevelopment area,

 


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ê2013 Statutes of Nevada, Page 803 (Chapter 211, AB 417)ê

 

Ê unless the agency establishes that such an amount is insufficient to pay the cost of a project identified in the redevelopment plan for the redevelopment area.

      5.  Except as otherwise provided in paragraph (b) of subsection 1 and subsection 4, the agency may expend or otherwise commit money for the purposes of subsection 1 outside the boundaries of the redevelopment area.

      Sec. 14.  1.  This act becomes effective upon passage and approval.

      2.  Section 6 of this act expires by limitation on December 31, 2017.

________

CHAPTER 212, AB 418

Assembly Bill No. 418–Committee on Government Affairs

 

CHAPTER 212

 

[Approved: May 28, 2013]

 

AN ACT relating to local financial administration; revising provisions relating to the distribution of proceeds from certain taxes ad valorem in certain larger counties; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law authorizes the board of county commissioners of each county to levy an additional 5-cent property tax on all taxable property in the county. (NRS 354.59815) For any county whose population is 700,000 or more (currently Clark County), section 1 of this bill revises the formula for distributing the proceeds of the tax among the county and the cities in the county.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 354.59815 is hereby amended to read as follows:

      354.59815  1.  In addition to the allowed revenue from taxes ad valorem determined pursuant to NRS 354.59811, the board of county commissioners may levy a tax ad valorem on all taxable property in the county at a rate not to exceed 5 cents per $100 of the assessed valuation of the county.

      2.  If a tax is levied pursuant to subsection 1 in:

      (a) A county whose population is less than 100,000, the board of county commissioners shall direct the county treasurer to distribute quarterly the proceeds of the tax among the county and the cities and towns within that county in the proportion that the supplemental city-county relief tax distribution factor of each of those local governments for the 1990-1991 Fiscal Year bears to the sum of the supplemental city-county relief tax distribution factors of all of the local governments in the county for the 1990-1991 Fiscal Year.

      (b) A county whose population is 100,000 or more [,] but less than 700,000, the board of county commissioners shall direct the county treasurer to distribute quarterly, from the proceeds of the tax for:

 


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ê2013 Statutes of Nevada, Page 804 (Chapter 212, AB 418)ê

 

             (1) The fiscal year beginning on July 1, 2008:

                   (I) Eighty-eight percent of those proceeds among the county and the cities and towns within that county in the proportion that the supplemental city-county relief tax distribution factor of each of those local governments for the 1990-1991 Fiscal Year bears to the sum of the supplemental city-county relief tax distribution factors of all the local governments in the county for the 1990-1991 Fiscal Year; and

                   (II) Twelve percent of those proceeds to the State Treasurer for deposit in the State Highway Fund for administration pursuant to subsection 7 of NRS 408.235.

             (2) The fiscal year beginning on July 1, 2009:

                   (I) Seventy-six percent of those proceeds to the State Treasurer for deposit in the State General Fund; and

                   (II) Twenty-four percent of those proceeds to the State Treasurer for deposit in the State Highway Fund for administration pursuant to subsection 7 of NRS 408.235.

             (3) The fiscal year beginning on July 1, 2010:

                   (I) Sixty-four percent of those proceeds to the State Treasurer for deposit in the State General Fund; and

                   (II) Thirty-six percent of those proceeds to the State Treasurer for deposit in the State Highway Fund for administration pursuant to subsection 7 of NRS 408.235.

             (4) The fiscal year beginning on July 1, 2011:

                   (I) Fifty-two percent of those proceeds among the county and the cities and towns within that county in the proportion that the supplemental city-county relief tax distribution factor of each of those local governments for the 1990-1991 Fiscal Year bears to the sum of the supplemental city-county relief tax distribution factors of all the local governments in the county for the 1990-1991 Fiscal Year; and

                   (II) Forty-eight percent of those proceeds to the State Treasurer for deposit in the State Highway Fund for administration pursuant to subsection 7 of NRS 408.235.

             (5) Each fiscal year beginning on or after July 1, 2012:

                   (I) Forty percent of those proceeds among the county and the cities and towns within that county in the proportion that the supplemental city-county relief tax distribution factor of each of those local governments for the 1990-1991 Fiscal Year bears to the sum of the supplemental city-county relief tax distribution factors of all the local governments in the county for the 1990-1991 Fiscal Year; and

                   (II) Sixty percent of those proceeds to the State Treasurer for deposit in the State Highway Fund for administration pursuant to subsection 7 of NRS 408.235.

      (c) A county whose population is 700,000 or more, from the proceeds of the tax for each fiscal year beginning on or after July 1, 2013:

            (1) Forty percent of those proceeds must be divided among the county and the cities within the county as provided in this subparagraph. The board of county commissioners shall direct the county treasurer to retain 30 percent and distribute quarterly the remaining 70 percent among the county and the cities within the county in the proportion that the projected assessed value of the unincorporated areas of the county and each of those cities for the fiscal year bears to the sum of the projected assessed values of the unincorporated areas and all those cities for that fiscal year.

 


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ê2013 Statutes of Nevada, Page 805 (Chapter 212, AB 418)ê

 

each of those cities for the fiscal year bears to the sum of the projected assessed values of the unincorporated areas and all those cities for that fiscal year.

            (2) Sixty percent of those proceeds must be remitted quarterly by the county treasurer to the State Treasurer for deposit in the State Highway Fund for administration pursuant to subsection 7 of NRS 408.235.

Ê As used in this paragraph, “projected assessed value” means the assessed value of real and personal property in a county or city, as applicable, excluding real or personal property in any redevelopment area, which is projected by the Department of Taxation in the report prepared pursuant to NRS 361.4535.

      3.  The board of county commissioners shall not reduce the rate of any tax levied pursuant to the provisions of subsection 1 without the approval of the State Board of Finance and each of the local governments that receives a portion of the tax, except that, if a local government declines to receive its portion of the tax in a particular year the levy may be reduced by the amount that local government would have received.

      Sec. 2.  This act becomes effective on July 1, 2013.

________

CHAPTER 213, AB 421

Assembly Bill No. 421–Committee on Judiciary

 

CHAPTER 213

 

[Approved: May 28, 2013]

 

AN ACT relating to parentage; revising provisions relating to assisted reproduction; revising provisions relating to gestational carrier arrangements; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law establishes the circumstances under which the legal relationship of parent and child is established. Under existing law, the legal relationship of mother and child is established by: (1) proof that the woman has given birth to the child; (2) an adjudication that the woman is the mother of the child; or (3) proof that the woman has adopted the child. (NRS 126.041) The legal relationship of father and child is established by: (1) certain presumptions of paternity that arise if a man was married to, or cohabitating with, the natural mother of the child; (2) a presumption of paternity that arises if the man resides with and holds out the child as his natural child; (3) genetic testing establishing that the man is the father of the child; or (4) a certain voluntary acknowledgment of paternity by the man. (NRS 126.041, 126.051, 126.053) Existing law also establishes the parentage of a child: (1) conceived by means of artificial insemination; or (2) born pursuant to a surrogacy agreement. (NRS 126.045, 126.061) This bill replaces the provisions of existing law governing artificial insemination and surrogacy agreements with provisions governing assisted reproduction and gestational agreements which are based on the Uniform Parentage Act adopted by the Uniform Law Commission and the Model Act Governing Assisted Reproductive Technology promulgated by the American Bar Association.

      Sections 16-22 of this bill provide for the parentage of a child conceived by a woman by means of assisted reproduction. Under section 18, a person who donates eggs, sperm or embryos for assisted reproduction by a woman is not a parent of the resulting child. Sections 19 and 20 provide that a person who donates eggs, sperm or embryos for assisted reproduction, or a person who consents to assisted reproduction, with the intent of being a parent of the resulting child is a legal parent of that child.

 


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ê2013 Statutes of Nevada, Page 806 (Chapter 213, AB 421)ê

 

with the intent of being a parent of the resulting child is a legal parent of that child. Section 22 provides for the parentage of a child if the transfer of eggs, sperm or embryos occurs after a marriage or domestic partnership is dissolved.

      Sections 23-33 of this bill enact provisions governing gestational agreements under which a woman carries and gives birth to a child intending that another person or persons become the legal parent or parents of the child. Section 24 provides that if an enforceable gestational agreement is entered into by the gestational carrier, her spouse or domestic partner, if any, and the intended parent or parents: (1) the intended parent or parents under the gestational agreement become the legal parent or parents of the resulting child upon the birth of that child; and (2) the gestational carrier and her spouse or domestic partner, if any, are not the legal parents of the resulting child. Sections 26 and 27 establish the requirements for: (1) a person to be eligible to be a gestational carrier; (2) the intended parent or parents; and (3) the execution and contents of an enforceable gestational agreement. Sections 30 and 31 establish remedies for a breach of a gestational agreement. Sections 32 and 33: (1) authorize the reimbursement of certain expenses incurred by a donor of a gestational carrier in connection with a gestational agreement; and (2) enact provisions governing the compensation paid to a gestational carrier.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 126 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 33, inclusive, of this act.

      Sec. 2. As used in sections 2 to 33, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 15, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 3. “Assisted reproduction” means a method of causing pregnancy other than sexual intercourse. The term includes, without limitation:

      1.  Intrauterine insemination;

      2.  Donation of eggs;

      3.  Donation of embryos;

      4.  In vitro fertilization and transfer of embryos; and

      5.  Intracytoplasmic sperm injection.

      Sec. 4. “Domestic partner” means a person who is in a domestic partnership which is registered pursuant to chapter 122A of NRS and which has not been terminated pursuant to that chapter.

      Sec. 5. “Domestic partnership” has the meaning ascribed to it in NRS 122A.040.

      Sec. 6. “Donor” means a person with dispositional control of eggs, sperm or embryos who provides eggs, sperm or embryos to another person for gestation and relinquishes all present and future parental and inheritance rights and obligations to any resulting child.

      Sec. 7. “Embryo” means a cell or group of cells containing a diploid complement of chromosomes or a group of such cells, not including a gamete, that has the potential to develop into a live born human being if transferred into the body of a woman under conditions in which gestation may be reasonably expected to occur.

      Sec. 8. “Gamete” means a cell containing a haploid complement of deoxyribonucleic acid that has the potential to form an embryo when combined with another gamete. The term includes:

 


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      1.  Sperm.

      2.  Eggs.

      3.  Nuclear deoxyribonucleic acid from one human being combined with the cytoplasm, including, without limitation, cytoplasmic deoxyribonucleic acid, of another human being.

      Sec. 9. “Gestational agreement” means a contract between an intended parent or parents and a gestational carrier intended to result in a live birth.

      Sec. 10. “Gestational carrier” means an adult woman who is not an intended parent and who enters into a gestational agreement to bear a child conceived using the gametes of other persons and not her own.

      Sec. 11. “Intended parent” means a person, married or unmarried, who manifests the intent as provided in sections 2 to 33, inclusive, of this act, to be legally bound as the parent of a child resulting from assisted reproduction.

      Sec. 12. “In vitro fertilization” means the formation of a human embryo outside the human body.

      Sec. 13. “Parent” means a person who has established the parent and child relationship.

      Sec. 14. “Record” means information which is inscribed on a tangible medium or which is stored in an electronic or other medium and is retrievable in perceivable form.

      Sec. 15. “Sign” means, with present intent to authenticate or adopt a record:

      1.  To execute or adopt a tangible symbol; or

      2.  To attach to or logically associate with the record an electronic symbol, sound or process.

      Sec. 16. Except as otherwise provided by any other provision of law, unless parental rights are terminated, a parent and child relationship established under sections 2 to 33, inclusive, of this act applies for all purposes.

      Sec. 17. Sections 2 to 33, inclusive, of this act do not apply to the birth of a child conceived by means other than assisted reproduction.

      Sec. 18. A donor is not a parent of a child conceived by means of assisted reproduction.

      Sec. 19. A person who provides gametes for, or consents to, assisted reproduction by a woman, as provided in section 20 of this act, with the intent to be a parent of her child is a parent of the resulting child.

      Sec. 20. 1.  Consent by a person who intends to be a parent of a child born by assisted reproduction must be in a signed record.

      2.  Failure of a person to sign a consent required by subsection 1, before or after the birth of the child, does not preclude a finding of parentage if the woman and the person, during the first 2 years of the child’s life, resided together in the same household with the child and openly held out the child as their own.

      Sec. 21. 1.  Except as otherwise provided in subsection 2, the legal spouse or domestic partner of a woman who gives birth to a child by means of assisted reproduction may not challenge the parentage of the child unless:

      (a) Within 2 years after learning of the birth of the child, a proceeding is commenced to adjudicate parentage; and

 


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      (b) The court finds that, before or after the birth of the child, the legal spouse or domestic partner did not consent to the assisted reproduction.

      2.  A proceeding to adjudicate parentage may be maintained at any time if the court determines that:

      (a) The legal spouse or domestic partner did not provide gametes for, or consent to, the assisted reproduction by the person who gave birth;

      (b) The legal spouse or domestic partner and the woman who gave birth to the child have not cohabited since the probable time of the assisted reproduction; and

      (c) The legal spouse or domestic partner never openly held out the child as his or her own.

      Sec. 22. 1.  If a marriage or domestic partnership is dissolved or terminated before the transfer of eggs, sperm or embryos, the former spouse or former domestic partner is not a parent of the resulting child unless the former spouse or former domestic partner consented in a record that if assisted reproduction were to occur after a dissolution or termination, the former spouse or former domestic partner would be a parent of the child.

      2.  The consent of a person to assisted reproduction may be withdrawn by that person in a record at any time before placement of the eggs, sperm or embryos.

      Sec. 23. 1.  A prospective gestational carrier, her legal spouse or domestic partner if she is married or in a domestic partnership, a donor or the donors and the intended parent or parents may enter into a written agreement providing that:

      (a) The prospective gestational carrier agrees to pregnancy by means of assisted reproduction;

      (b) The prospective gestational carrier, her legal spouse or domestic partner if she is married or in a domestic partnership, and the donor or donors relinquish all rights and duties as the parents of a child conceived through assisted reproduction; and

      (c) The intended parent or parents become the parent or parents of any resulting child.

      2.  If two persons are the intended parents, both of the intended parents must be parties to the gestational agreement.

      3.  A gestational agreement is enforceable only if it satisfies the requirements of section 27 of this act.

      4.  A gestational agreement may provide for payment of consideration pursuant to sections 32 and 33 of this act.

      Sec. 24. 1.  If a gestational carrier arrangement satisfies the requirements of sections 26 and 27 of this act:

      (a) The intended parent or parents shall be considered the parent or parents of the resulting child immediately upon the birth of the child;

      (b) The resulting child shall be considered the child of the intended parent or parents immediately upon the birth of the child;

      (c) Parental rights vest in the intended parent or parents immediately upon the birth of the resulting child;

      (d) Sole legal and physical custody of the resulting child vest with the intended parent or parents immediately upon the birth of the child; and

      (e) Neither the gestational carrier nor her legal spouse or domestic partner, if any, shall be considered the parent of the resulting child.

 


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      2.  If a gestational carrier arrangement satisfies the requirements of sections 26 and 27 of this act and if, because of a laboratory error, the resulting child is not genetically related to the intended parent or either of the intended parents or any donor who donated to the intended parent or parents, the intended parent or parents shall be considered the parent or parents of the child, unless a determination to the contrary is made by a court of competent jurisdiction in an action which may only be brought by one or more genetic parents of the resulting child within 60 days after the birth of the child.

      3.  The parties to a gestational carrier arrangement shall assume the rights and obligations of subsections 1 and 2 if:

      (a) The gestational carrier satisfies the eligibility requirements set forth in subsection 1 of section 26 of this act;

      (b) The intended parent or parents satisfy the requirement set forth in subsection 2 of section 26 of this act; and

      (c) The gestational carrier arrangement occurs pursuant to a gestational agreement which meets the requirements set forth in section 27 of this act.

      4.  Before or after the birth of the resulting child, the intended parent or parents or the prospective gestational carrier or gestational carrier may commence a proceeding in any district court in this State to obtain an order designating the content of the birth certificate issued as provided in NRS 440.270 to 440.340, inclusive. If:

      (a) The resulting child is to be born in this State;

      (b) A copy of the gestational agreement is attached to the petition; and

      (c) The requirements of sections 26 and 27 of this act are satisfied,

Ê the court may issue an order validating the gestational agreement and declaring the intended parent or parents to be the parent or parents of the resulting child.

      Sec. 25. 1.  Except as otherwise provided in NRS 239.0115, all hearings held in a proceeding under sections 23 to 33, inclusive, of this act are confidential and must be held in closed court, without admittance of any person other than the parties to a gestational agreement, their witnesses and attorneys, except by order of the court.

      2.  The files and records pertaining to a gestational carrier arrangement, gestational agreement or proceeding under sections 23 to 33, inclusive, of this act are not open to inspection by any person except:

      (a) Upon an order of the court expressly so permitting pursuant to a petition setting forth the reasons therefor; or

      (b) As provided pursuant to subsection 3.

      3.  A person who intends to file a petition to enforce a gestational agreement may inspect the files or the records of the court concerning the gestational agreement.

      Sec. 26. 1.  A prospective gestational carrier is eligible to be a gestational carrier pursuant to sections 23 to 33, inclusive, of this act, if, at the time the gestational agreement is executed, she:

      (a) Has completed a medical evaluation relating to the anticipated pregnancy;

      (b) Has undergone legal consultation with independent legal counsel regarding the terms of the gestational agreement and the potential legal consequences of the gestational carrier arrangement; and

 


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      (c) Did not contribute any gametes that will ultimately result in an embryo that she will attempt to carry to term.

      2.  The intended parent or parents shall be deemed to have satisfied the requirements of sections 23 to 33, inclusive, of this act if, before the gestational carrier agreement is executed, he, she or they have undergone legal consultation with independent legal counsel regarding the terms of the gestational agreement and the potential legal consequences of the gestational carrier arrangement.

      Sec. 27. 1.  A gestational agreement is enforceable only if it satisfies the requirements of this section.

      2.  The gestational carrier and the intended parent or parents must be represented by separate, independent counsel in all matters concerning the gestational carrier arrangement and gestational agreement.

      3.  A gestational agreement must:

      (a) Be in writing;

      (b) Be executed before the commencement of any medical procedures in furtherance of the gestational carrier arrangement, other than the medical evaluation required by subsection 1 of section 26 of this act to determine the eligibility of the gestational carrier, by:

             (1) A gestational carrier satisfying the eligibility requirements set forth in subsection 1 of section 26 of this act and the legal spouse or domestic partner of the gestational carrier, if any; and

             (2) An intended parent or parents satisfying the requirement set forth in subsection 2 of section 26 of this act;

      (c) Be notarized and signed by all the parties with attached declarations of the independent attorney of each party; and

      (d) Include the separate, written and signed acknowledgment of the gestational carrier and the intended parent or parents stating that he or she has received information about the legal, financial and contractual rights, expectations, penalties and obligations of the gestational agreement.

      4.  A gestational agreement must provide for:

      (a) The express written agreement of the gestational carrier to:

             (1) Undergo embryo or gamete transfer and attempt to carry and give birth to any resulting child; and

             (2) Surrender legal and physical custody of any resulting child to the intended parent or parents immediately upon the birth of the child;

      (b) The express written agreement of the legal spouse or domestic partner, if any, of the gestational carrier to:

             (1) Undertake the obligations imposed upon the gestational carrier pursuant to the terms of the gestational agreement; and

             (2) Surrender legal and physical custody of any resulting child to the intended parent or parents immediately upon the birth of the child;

      (c) The express written agreement of each party to the use by the gestational carrier of the services of a physician of her choosing, after consultation with the intended parent or parents, to provide care to the gestational carrier during the pregnancy; and

      (d) The express written agreement of the intended parent or parents to:

             (1) Accept legal and physical custody of any resulting child not biologically related to the gestational carrier or her spouse or domestic partner, if any, immediately upon the birth of the child or children regardless of the number, gender or mental or physical condition of the child or children; and

 


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             (2) Assume sole responsibility for the support of any resulting child not biologically related to the gestational carrier or her spouse or domestic partner, if any, immediately upon the birth of the child.

      5.  A gestational agreement is enforceable even if it contains one or more of the following provisions:

      (a) The gestational carrier’s agreement to undergo all medical examinations, treatments and fetal monitoring procedures recommended for the success of the pregnancy by the physician providing care to the gestational carrier during the pregnancy.

      (b) The gestational carrier’s agreement to abstain from any activities that the intended parent or parents or the physician providing care to the gestational carrier during the pregnancy reasonably believes to be harmful to the pregnancy and the future health of any resulting child, including, without limitation, smoking, drinking alcohol, using nonprescribed drugs, using prescription drugs not authorized by a physician aware of the pregnancy, exposure to radiation or any other activity proscribed by a health care provider.

      (c) The agreement of the intended parent or parents to pay the gestational carrier reasonable compensation.

      (d) The agreement of the intended parent or parents to pay for or reimburse the gestational carrier for reasonable expenses, including, without limitation, medical, legal or other professional expenses, related to the gestational carrier arrangement and the gestational agreement.

      Sec. 28. 1.  Any person who is considered to be the parent of a child under sections 23 to 33, inclusive, of this act is obligated to support the child.

      2.  The breach of the gestational agreement by the intended parent or parents does not relieve such an intended parent or parents of the obligation to support a resulting child.

      Sec. 29. The marriage or domestic partnership of a gestational carrier after she executes a gestational agreement does not affect the validity of the gestational agreement and:

      1.  The consent of the legal spouse or domestic partner of the gestational carrier to the gestational agreement is not required.

      2.  The legal spouse or domestic partner of the gestational carrier must not be presumed to be the parent of any resulting child.

      Sec. 30. 1.  A gestational carrier, her legal spouse or domestic partner, if any, or the intended parent or parents are in noncompliance when he, she or they breach any provision of the gestational agreement or fail to meet any of the requirements of sections 23 to 33, inclusive, of this act.

      2.  In the event of noncompliance, a court of competent jurisdiction shall determine the respective rights and obligations of the parties to the gestational agreement based solely on the evidence of the original intent of the parties.

      3.  There must be no specific performance remedy available for breach of the gestational agreement by the gestational carrier that would require the gestational carrier to be impregnated.

      Sec. 31. 1.  Except as otherwise provided by section 30 of this act or by an express term of the gestational agreement, the intended parent or parents are entitled to any remedy available at law or equity.

 


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      2.  Except as expressly provided by an express term of the gestational agreement, the gestational carrier is entitled to any remedy available at law or equity.

      Sec. 32. 1.  A gestational carrier may receive reimbursement for expenses and economic losses resulting from participation in the gestational carrier arrangement.

      2.  A donor may receive reimbursement for expenses and economic losses resulting from the retrieval or storage of gametes or embryos and incurred after the donor has entered into a valid agreement in a record to be a donor.

      3.  Except as otherwise provided in subsection 4, economic losses occurring before the donor has entered into a valid agreement in a record to be a donor may not be reimbursed.

      4.  Any premiums paid for insurance against economic losses directly resulting from the retrieval or storage of gametes or embryos for donation may be reimbursed even if such premiums were paid before the donor entered into a valid agreement in a record, so long as such agreement becomes valid and effective before the gametes or embryos are used in assisted reproduction pursuant to the terms of the agreement.

      Sec. 33. 1.  The consideration, if any, paid to a donor or prospective gestational carrier must be negotiated in good faith between the parties.

      2.  Compensation must not be conditioned upon the purported quality or genome-related traits of the gametes or embryos.

      Sec. 34. NRS 126.041 is hereby amended to read as follows:

      126.041  The parent and child relationship between a child and:

      1.  [The natural mother] A woman may be established by :

      (a) Except as otherwise provided in sections 23 to 33, inclusive, of this act proof of her having given birth to the child [, or under] ;

      (b) An adjudication of the woman’s maternity pursuant to this chapter, or NRS 125B.150 or 130.701 [.] ;

      (c) Proof of adoption of the child by the woman;

      (d) An unrebutted presumption of the woman’s maternity;

      (e) The consent of the woman to assisted reproduction pursuant to sections 19 and 20 of this act which resulted in the birth of the child; or

      (f) An adjudication confirming the woman as a parent of a child born to a gestational carrier if the gestational agreement is enforceable under the provisions of sections 23 to 33, inclusive, of this act or any other provision of law.

      2.  [The natural father] A man may be established [under] :

      (a) Under this chapter, or NRS 125B.150, 130.701 or 425.382 to 425.3852, inclusive [.

      3.  An adoptive parent may be established by proof of adoption.] ;

      (b) By proof of adoption of the child by the man;

      (c) By the consent of the man to assisted reproduction pursuant to sections 19 and 20 of this act which resulted in the birth of the child; or

      (d) By an adjudication confirming the man as a parent of a child born to a gestational carrier if the gestational agreement was validated pursuant to the provisions of sections 23 to 33, inclusive, of this act, or other provision of law.

      Sec. 35. NRS 127.287 is hereby amended to read as follows:

      127.287  1.  Except as otherwise provided in subsection 3, it is unlawful for any person to pay or offer to pay money or anything of value to the natural parent of a child in return for the natural parent’s placement of the child for adoption or consent to or cooperation in the adoption of the child.

 


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the natural parent of a child in return for the natural parent’s placement of the child for adoption or consent to or cooperation in the adoption of the child.

      2.  It is unlawful for any person to receive payment for medical and other necessary expenses related to the birth of a child from a prospective adoptive parent with the intent of not consenting to or completing the adoption of the child.

      3.  A person may pay the medical and other necessary living expenses related to the birth of a child of another as an act of charity so long as the payment is not contingent upon the natural parent’s placement of the child for adoption or consent to or cooperation in the adoption of the child.

      4.  This section does not prohibit a natural parent from refusing to place a child for adoption after its birth.

      5.  The provisions of this section do not apply if a woman enters into a lawful contract to act as a [surrogate, be inseminated and give birth to the child of a man who is not her husband.] gestational carrier, as defined in section 10 of this act.

      Sec. 36. NRS 126.045 and 126.061 are hereby repealed.

________

CHAPTER 214, AB 432

Assembly Bill No. 432–Committee on Commerce and Labor

 

CHAPTER 214

 

[Approved: May 28, 2013]

 

AN ACT relating to intoxicating liquor; revising the definition of “supplier” as that term applies to certain purchases of liquor; prohibiting an importer or wholesale dealer of alcoholic beverages from operating or locating its business on the premises or other property of any supplier; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law provides for the taxation, regulation and licensing of suppliers, importers and wholesale dealers of intoxicating liquor and alcoholic beverages. (Chapter 369 of NRS; NRS 597.120-597.262) Section 1 of this bill includes within the definition of “supplier” a subsidiary or affiliate of the supplier as that term applies to certain provisions governing the purchase of liquor by a wholesale dealer who is not the importer designated by a supplier. Section 2 of this bill prohibits any person who is engaged in the business of importing or wholesaling alcoholic beverages in this State from operating or otherwise locating his or her business on the premises or other property of any supplier.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 369.486 is hereby amended to read as follows:

      369.486  1.  A wholesaler who is not the importer designated by the supplier pursuant to NRS 369.386 may purchase liquor only from:

      (a) The importer designated by the supplier pursuant to NRS 369.386 to import that liquor; or

 


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      (b) A wholesaler who purchased the liquor from the importer designated by the supplier pursuant to NRS 369.386 to import that liquor.

      2.  As used in this section, “supplier” means the brewer, distiller, manufacturer, producer, vintner or bottler of liquor, any subsidiary or affiliate of the supplier, or his or her designated agent.

      Sec. 2. NRS 597.220 is hereby amended to read as follows:

      597.220  1.  Any person who is engaged in the business of importing or wholesaling alcoholic beverages in the State of Nevada shall not [engage] :

      (a) Engage in the business of retailing alcoholic beverages in this state [.] ; or

      (b) Operate or otherwise locate his or her business on the premises or other property of any supplier.

      2.  For the purposes of this section, a person who transfers or receives alcoholic beverages in the manner described in NRS 369.4865 must not be considered to be engaged in the business of wholesaling alcoholic beverages based solely upon those transfers.

________

CHAPTER 215, AB 434

Assembly Bill No. 434–Committee on Commerce and Labor

 

CHAPTER 215

 

[Approved: May 28, 2013]

 

AN ACT relating to interior designers; revising certain requirements for an application for a certificate of registration to practice as a registered interior designer; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law imposes certain requirements on an applicant for a certificate of registration to practice as a registered interior designer. (NRS 623.192) This bill revises those requirements to provide that certain educational requirements may be satisfied by the receipt of a degree from an architectural program. This bill also provides that any application submitted to the State Board of Architecture, Interior Design and Residential Design may be denied for any violation of the provisions of existing law governing architects, registered interior designers and residential designers, including any violation that might reasonably call into question the qualifications or experience of the applicant.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 623.192 is hereby amended to read as follows:

      623.192  1.  An applicant for a certificate of registration to practice as a registered interior designer must be of good moral character and submit to the Board:

      (a) An application on a form provided by the Board;

      (b) The fees required pursuant to NRS 623.310;

 


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      (c) Proof which is satisfactory to the Board that the applicant has at least 2 years of experience in interior design;

      (d) Proof which is satisfactory to the Board that the applicant has : [successfully completed:]

             (1) [A] Successfully completed a program of interior design accredited by the Council for Interior Design Accreditation or any successor in interest to that organization;

             (2) [A] Successfully completed a substantially equivalent program of interior design approved by the Board; [or]

             (3) [A] Successfully completed a program of interior design [,] or architecture, other than a program described in subparagraph (1) , [or] (2) [,] or (4), which culminated in the award of a bachelor’s degree or higher degree more than 5 years before the date of the application if the applicant possesses a combination of education and experience in interior design deemed suitable by the Board; or

             (4) Received a degree from an architectural program accredited by the National Architectural Accrediting Board or its successor organization, if any;

      (e) A certificate issued by the National Council for Interior Design Qualification as proof that the applicant has passed the examination prepared and administered by that organization; and

      (f) All information required to complete the application.

      2.  The Board shall, by regulation, adopt the standards of the National Council for Interior Design Qualification for the experience required pursuant to the provisions of paragraph (c) of subsection 1 as those standards exist on the date of the adoption of the regulation.

      3.  Before being issued a certificate of registration to practice as a registered interior designer, each applicant must personally appear before the Board to take an oath prescribed by the Board.

      4.  Any application submitted to the Board may be denied for any violation of the provisions of this chapter [.] , including, without limitation, any violation that might reasonably call into question the qualifications or experience of the applicant.

________

CHAPTER 216, AB 437

Assembly Bill No. 437–Committee on Commerce and Labor

 

CHAPTER 216

 

[Approved: May 28, 2013]

 

AN ACT relating to title insurance; revising provisions authorizing a title insurer to provide a closing letter to certain parties to a real estate transaction for which the title insurer will issue or has issued a policy of title insurance; providing a penalty; and providing other matters properly relating thereto.

 

 

 


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Legislative Counsel’s Digest:

      Under existing law, the business of title insurance includes the provision to a prospective purchaser of a policy of title insurance with a closing letter which assures and assumes liability for the proper performance of any services required to conduct a real estate closing performed by a title agent with which the insurer maintains an underwriting agreement. (NRS 692A.022) Section 1 of this bill authorizes a title insurer to provide such a letter, newly referred to as a “closing protection letter,” to any party to a real estate transaction, not just the party purchasing the policy of title insurance. Section 1 also requires the title insurer to charge a fee that is not less than $25 to each person or entity who is provided with such a letter. Section 1 restricts the acts or omissions by the person performing the closing or settlement services for which the letter can provide indemnification to only those acts or omissions that affect the status of the title or the validity, enforceability and priority of the lien of the mortgage on the real estate that is the subject of the transaction. Section 1 also provides that a title insurer may not in any other way provide to a party of a real estate transaction indemnification of the type provided by a closing protection letter. Sections 1 and 2 of this bill provide that a closing protection letter may indemnify the party to whom it is issued against acts or omissions by any person employed or approved by the title insurer to perform the closing or settlement services, not just a title agent performing those services.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 692A of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A title insurer may provide a closing protection letter to any person or entity who is a party to a real estate transaction in which a policy of title insurance has been or will be issued by or on behalf of the insurer.

      2.  A closing protection letter provided by a title insurer pursuant to this section may indemnify a person or entity to whom the letter is provided, under the terms and conditions of the letter as provided by the title insurer, against a loss that is in connection with the transaction for which the letter was provided and which is due to any of the following acts or omissions by a closing or settlement service provider:

      (a) Theft or misappropriation of any closing or settlement funds, to the extent that the theft or misappropriation affects the:

             (1) Status of the title to the interest in land that is the subject of the transaction; or

             (2) Validity, enforceability and priority of the lien of the mortgage on the interest in land that is the subject of the transaction.

      (b) Failure to comply with any written closing or settlement instructions, to the extent that the failure affects the:

             (1) Status of the title to the interest in land that is the subject of the transaction; or

             (2) Validity, enforceability and priority of the lien of the mortgage on the interest in land that is the subject of the transaction.

      3.  A title insurer shall charge a fee of not less than $25 to each person or entity to which the insurer provides a closing protection letter pursuant to this section.

      4.  The fee charged pursuant to this section for a closing protection letter:

 


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      (a) Must not be included in any agreement requiring a division of fees or premiums collected by or on behalf of the title insurer who provided the letter; and

      (b) Shall be deemed earned upon the closing of the transaction for which the letter was provided.

      5.  A title insurer may not provide or purport to provide indemnification to a person or entity against a loss in connection with acts or omissions by a closing or settlement service provider pursuant to subsection 2 by or through any other product or method than a closing protection letter provided pursuant to this section.

      6.  As used in this section, “closing or settlement service provider” means a person employed or approved by a title insurer to perform the closing or settlement of a real estate transaction in which a policy of title insurance has been issued by or on behalf of the insurer and may include, without limitation, a title agent or an escrow officer.

      Sec. 2. NRS 692A.022 is hereby amended to read as follows:

      692A.022  “Business of title insurance” or “title insurance business” includes:

      1.  The issuance of or proposal to issue any policy of title insurance as an insurer, guarantor or indemnitor;

      2.  The solicitation, negotiation or execution of a policy of title insurance, or the performance of any related services arising out of the execution of a policy of title insurance, excluding reinsurance;

      3.  The performance by a title insurer, a title agent or an escrow agency owned, in whole or in part, by a title insurer or title agent, of any service in conjunction with the issuance or contemplated issuance of a policy of title insurance, including, but not limited to, the handling of any escrow, settlement or closing in connection therewith, or doing or proposing to do any business which is in substance the equivalent of the services described in this subsection; and

      4.  The act of a title insurer whereby the title insurer provides a [prospective purchaser of a policy of title insurance with a] closing protection letter [which assures and assumes liability for the proper performance of any services required to conduct a real estate closing performed by a title agent with which the insurer maintains an underwriting agreement.] pursuant to section 1 of this act.

      Sec. 3. NRS 692A.120 is hereby amended to read as follows:

      692A.120  1.  Each title insurer shall file with the Commissioner all rate schedules, schedules of charges and all forms, including:

      (a) Preliminary reports of title.

      (b) Binders for insurance and commitments to insure.

      (c) Letters of indemnity.

      (d) Policies of insurance or guaranty.

      (e) Terms and conditions of insurance coverage or guarantee which relate to title to any interest in property.

      2.  A title insurer need not file:

      (a) Reinsurance contracts and agreements.

      (b) Closing protection letters.

      (c) Specific defects in title which may be ascertained from an examination of the risk and excepted in reports, binders, commitments or policies, or any affirmative assurances of the title insurer with respect to those defects, whether given by endorsement or otherwise.

 


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ê2013 Statutes of Nevada, Page 818 (Chapter 216, AB 437)ê

 

      (d) Specific exceptions from coverage by reason of limitations upon the examination of the risk imposed by the applicant for insurance or through failure of the applicant to provide data requisite to a judgment of insurability.

      3.  Unless the Commissioner disapproves a form or schedule within 30 days after it is filed in the Office of the Commissioner, the form or schedule is approved.

      4.  No form or schedule may be used until it is approved by the Commissioner.

      5.  No title insurer or title agent may make or impose any charge for premium, escrow, settlement or closing services when performed in connection with the issue of a title insurance policy except in accordance with the schedule of charges filed with the Commissioner as required by this section.

      6.  A title insurer or title agent shall not charge a fee for any statement or tax return regarding payments of interest which federal law requires the insurer or agent to furnish and file.

      7.  As used in this section, “closing protection letter” means a letter issued as described in section 1 of this act.

________

CHAPTER 217, SB 22

Senate Bill No. 22–Committee on Government Affairs

 

CHAPTER 217

 

[Approved: May 28, 2013]

 

AN ACT relating to the Office of the Attorney General; requiring the Office of the Attorney General to be provided with a copy of certain court rulings and to provide an index of those rulings to the Legislative Counsel biennially; specifying that the Office of the Attorney General must assign the collection of certain restitution related to the expenses of extradition to the State Controller; authorizing the establishment of a program to prevent certain criminal offenders and persons charged with a crime from obtaining or using a United States passport; clarifying the term “state agency” as it relates to agencies required to deposit money in the Fund for Insurance Premiums; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law requires a court, in certain circumstances, to order a person who was extradited to this State to make restitution for the expenses incurred by the Attorney General or any other governmental entity in returning the person to this State. (NRS 179.225) Existing law also requires: (1) the State Controller to act as the collection agent for each state agency; and (2) a state agency to coordinate all its debt collection efforts through the State Controller. (NRS 353C.195) Section 8 of this bill specifies that if a court orders a person to make restitution to the Office of the Attorney General for expenses relating to extradition, the Office of the Attorney General must assign the collection of such restitution to the State Controller in accordance with the provisions of existing law.

 

 


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ê2013 Statutes of Nevada, Page 819 (Chapter 217, SB 22)ê

 

      Existing law requires each state agency to deposit certain amounts of money into the Fund for Insurance Premiums, which is maintained in part for use by the Attorney General. (NRS 331.187) Section 14 of this bill clarifies that a part-time or full-time board, commission or similar body of the State which is created by law is required to make such a deposit.

      Section 4 of this bill authorizes the Office of the Extradition Coordinator within the Office of the Attorney General to establish a program that assists prosecuting attorneys and law enforcement officers in this State in coordinating with the United States Department of State to prevent criminal offenders and certain persons charged with a crime from obtaining or using a United States passport. Section 4 also authorizes the Attorney General to adopt regulations relating to such a program.

      Section 5 of this bill provides that if the Nevada Supreme Court holds that a provision of the Nevada Constitution or the Nevada Revised Statutes violates a provision of the Nevada Constitution or the United States Constitution, the prevailing party in the proceeding must provide a copy of the ruling to the Office of the Attorney General. Sections 6 and 7 of this bill apply this requirement to the prevailing party in a proceeding in which a district court or justice court holds that any such provision is unconstitutional. Section 2 of this bill requires the Office of the Attorney General to provide to the Legislative Counsel an index of all rulings it receives pursuant to sections 5-7 on or before September 1 of each even-numbered year.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 228 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.

      Sec. 2. On or before September 1 of each even-numbered year, the Office of the Attorney General shall provide to the Legislative Counsel an index of all court rulings it has received pursuant to sections 5, 6 and 7 of this act during the immediately preceding 2-year period.

      Sec. 3. (Deleted by amendment.)

      Sec. 4. 1.  The Office of the Extradition Coordinator within the Office of the Attorney General may establish a program that assists prosecuting attorneys and law enforcement officers in this State in coordinating with the United States Department of State to prevent criminal offenders or persons charged with a crime who are subject to court-ordered restrictions on international travel from obtaining or using a United States passport.

      2.  The Attorney General may adopt regulations to carry out the provisions of this section.

      Sec. 5. Chapter 2 of NRS is hereby amended by adding thereto a new section to read as follows:

      If the Supreme Court holds that a provision of the Nevada Constitution or the Nevada Revised Statutes violates a provision of the Nevada Constitution or the United States Constitution, the prevailing party in the proceeding shall provide a copy of the ruling to the Office of the Attorney General.

 


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ê2013 Statutes of Nevada, Page 820 (Chapter 217, SB 22)ê

 

      Sec. 6. Chapter 3 of NRS is hereby amended by adding thereto a new section to read as follows:

      If a district court holds that a provision of the Nevada Constitution or the Nevada Revised Statutes violates a provision of the Nevada Constitution or the United States Constitution, the prevailing party in the proceeding shall provide a copy of the ruling to the Office of the Attorney General.

      Sec. 7. Chapter 4 of NRS is hereby amended by adding thereto a new section to read as follows:

      If a justice court holds that a provision of the Nevada Constitution or the Nevada Revised Statutes violates a provision of the Nevada Constitution or the United States Constitution, the prevailing party in the proceeding shall provide a copy of the ruling to the Office of the Attorney General.

      Sec. 8. NRS 179.225 is hereby amended to read as follows:

      179.225  1.  If the punishment of the crime is the confinement of the criminal in prison, the expenses must be paid from money appropriated to the Office of the Attorney General for that purpose, upon approval by the State Board of Examiners. After the appropriation is exhausted, the expenses must be paid from the Reserve for Statutory Contingency Account upon approval by the State Board of Examiners. In all other cases, they must be paid out of the county treasury in the county wherein the crime is alleged to have been committed. The expenses are:

      (a) If the prisoner is returned to this State from another state, the fees paid to the officers of the state on whose governor the requisition is made;

      (b) If the prisoner is returned to this State from a foreign country or jurisdiction, the fees paid to the officers and agents of this State or the United States; or

      (c) If the prisoner is temporarily returned for prosecution to this State from another state pursuant to this chapter or chapter 178 of NRS and is then returned to the sending state upon completion of the prosecution, the fees paid to the officers and agents of this State,

Ê and the per diem allowance and travel expenses provided for state officers and employees generally incurred in returning the prisoner.

      2.  If a person is returned to this State pursuant to this chapter or chapter 178 of NRS and is convicted of, or pleads guilty, guilty but mentally ill or nolo contendere to, the criminal charge for which the person was returned or a lesser criminal charge, the court shall conduct an investigation of the financial status of the person to determine the ability to make restitution. In conducting the investigation, the court shall determine if the person is able to pay any existing obligations for:

      (a) Child support;

      (b) Restitution to victims of crimes; and

      (c) Any administrative assessment required to be paid pursuant to NRS 62E.270, 176.059, 176.0611, 176.0613 and 176.062.

      3.  If the court determines that the person is financially able to pay the obligations described in subsection 2, it shall, in addition to any other sentence it may impose, order the person to make restitution for the expenses incurred by the Office of the Attorney General or other governmental entity in returning the person to this State. The court shall not order the person to make restitution if payment of restitution will prevent the person from paying any existing obligations described in subsection 2.

 


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ê2013 Statutes of Nevada, Page 821 (Chapter 217, SB 22)ê

 

any existing obligations described in subsection 2. Any amount of restitution remaining unpaid constitutes a civil liability arising upon the date of the completion of the sentence.

      4.  If the court orders a person to make restitution for the expenses incurred by the Office of the Attorney General in returning the person to this State pursuant to this section, the Office of the Attorney General shall assign the collection of such restitution to the State Controller in accordance with the provisions of NRS 353C.195.

      5.  The Attorney General may adopt regulations to carry out the provisions of this section.

      Secs. 9-13. (Deleted by amendment.)

      Sec. 14. NRS 331.187 is hereby amended to read as follows:

      331.187  1.  There is created in the State Treasury the Fund for Insurance Premiums as an internal service fund to be maintained for use by the Risk Management Division of the Department of Administration and the Attorney General.

      2.  Each state agency shall deposit in the Fund:

      (a) An amount equal to its insurance premium and other charges for potential liability, self-insured claims, other than self-insured tort claims, and administrative expenses, as determined by the Risk Management Division; and

      (b) An amount for self-insured tort claims and expenses related to those claims, as determined by the Attorney General.

      3.  Each county shall deposit in the Fund an assessment for the employees of the district court of that county, excluding district judges, unless the county enters into a written agreement with the Attorney General to:

      (a) Hold the State of Nevada harmless and assume liability and costs of defense for the employees of the district court;

      (b) Reimburse the State of Nevada for any liability and costs of defense that the State of Nevada incurs for the employees of the district court; or

      (c) Include the employees of the district court under the county’s own insurance or other coverage.

      4.  Expenditures from the Fund must be made by the Risk Management Division or the Attorney General to an insurer for premiums of state agencies as they become due or for deductibles, self-insured property and tort claims or claims pursuant to NRS 41.0349. If the money in the Fund is insufficient to pay a tort claim, it must be paid from the Reserve for Statutory Contingency Account.

      5.  As used in this section [, “assessment”] :

      (a) “Assessment” means an amount determined by the Risk Management Division and the Attorney General to be equal to the share of a county for:

      [(a)](1) Applicable insurance premiums;

      [(b)](2) Other charges for potential liability and tort claims; and

      [(c)](3) Expenses related to tort claims.

      (b) “State agency” includes, without limitation, a part-time or full-time board, commission or similar body of the State which is created by law.

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ê2013 Statutes of Nevada, Page 822ê

 

CHAPTER 218, SB 25

Senate Bill No. 25–Committee on Government Affairs

 

CHAPTER 218

 

[Approved: May 28, 2013]

 

AN ACT relating to technological crimes; authorizing the Attorney General to take certain actions to prevent technological crimes; revising the provisions governing actions which constitute theft to include the theft of audio or visual services; revising the provisions governing the appointment of an Executive Director of Technological Crime within the Office of the Attorney General; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Section 1 of this bill authorizes the Attorney General to investigate and prosecute any alleged technological crime, pursue the forfeiture of property relating to a technological crime and bring an action to enjoin or obtain any equitable relief to prevent the occurrence or continuation of any technological crime.

      Existing law authorizes a district attorney to institute a civil proceeding for the forfeiture of property used in the course of, intended for use in the course of, derived from or gained through a technological crime. Currently, the Attorney General may institute such a proceeding only if the property at issue is seized by a state agency. (NRS 179.1229, 179.1231) Section 1.5 of this bill removes this limitation on the authority of the Attorney General and authorizes the institution of a forfeiture proceeding by a district attorney or the Attorney General, as determined in each case by an agreement between the district attorney and the Attorney General.

      Existing law describes certain actions which constitute theft. (NRS 205.0832) Section 2 of this bill revises those provisions to include the theft of audio or visual services.

      Existing law creates the Technological Crime Advisory Board. (NRS 205A.040) Existing law also requires the appointment of an Executive Director of Technological Crime within the Office of the Attorney General upon approval by two-thirds of the members of the Board. (NRS 205A.070) Section 3 of this bill requires the appointment to be made upon approval by a majority of the members of the Board.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 228 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Attorney General may:

      (a) Investigate and prosecute any alleged technological crime.

      (b) Pursue the forfeiture of property relating to a technological crime in accordance with the provisions of NRS 179.1211 to 179.1235, inclusive.

      (c) Bring an action to enjoin or obtain any other equitable relief to prevent the occurrence or continuation of a technological crime.

      2.  As used in this section, “technological crime” has the meaning ascribed to it in NRS 205A.030.

 


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ê2013 Statutes of Nevada, Page 823 (Chapter 218, SB 25)ê

 

      Sec. 1.5. NRS 179.1231 is hereby amended to read as follows:

      179.1231  1.  Property subject to forfeiture under NRS 179.1219 or 179.1229 may be seized by a law enforcement agency upon process issued by a court. Before an order of civil forfeiture is issued without legal process, notice of the claim for forfeiture of real property may be given in the manner provided in NRS 14.010 and 14.015. A seizure of personal property may be made without legal process if the seizure is incident to:

      (a) A lawful arrest or search; or

      (b) An inspection under an administrative warrant.

      2.  Property seized or made the subject of notice under this section is deemed to be in the custody of the agency, subject only to orders of the court which has jurisdiction over the proceedings for forfeiture. An agency which has seized such property without process shall begin proceedings for forfeiture promptly. Such an action takes precedence over other civil proceedings. The seized property is subject to an action to claim the delivery of the property if the agency does not file the complaint for forfeiture within 60 days after the property is seized. If a complaint for forfeiture is filed after an affidavit claiming delivery, the complaint must be treated as a counterclaim.

      3.  When property is seized pursuant to this section, pending forfeiture and final disposition, the law enforcement agency may:

      (a) Place the property under seal.

      (b) Remove the property to a place designated by the court.

      (c) Require another agency authorized by law to take custody of the property and remove it to an appropriate location.

      4.  The district attorney or the Attorney General may institute civil proceedings under this section for the forfeiture of property subject to forfeiture pursuant to NRS 179.1229. The district attorney and the Attorney General [may institute such proceedings when the property is seized by a state agency.] shall determine by agreement between themselves which of them will institute such a proceeding in a particular case. If a district attorney or the Attorney General has not instituted such a proceeding or has not pursued one which was instituted [,] in accordance with the agreement, the [Attorney General] other may intercede after giving the prosecutor designated in the agreement 30 days’ written notice of the intention to do so . [to the district attorney.] In any action so brought, the district court shall proceed as soon as practicable to the hearing and determination. Pending final determination in an action brought pursuant to this section, the district court may at any time enter such injunctions, prohibitions or restraining orders, or take such actions, including, without limitation, the acceptance of satisfactory performance bonds, as the court deems proper in connection with any property or interest subject to forfeiture.

      5.  Upon a finding of civil liability under this section, the court may order the forfeiture of the appropriate property.

      Sec. 2. NRS 205.0832 is hereby amended to read as follows:

      205.0832  1.  Except as otherwise provided in subsection 2, a person commits theft if, without lawful authority, the person knowingly:

      (a) Controls any property of another person with the intent to deprive that person of the property.

      (b) Converts, makes an unauthorized transfer of an interest in, or without authorization controls any property of another person, or uses the services or property of another person entrusted to him or her or placed in his or her possession for a limited, authorized period of determined or prescribed duration or for a limited use.

 


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ê2013 Statutes of Nevada, Page 824 (Chapter 218, SB 25)ê

 

possession for a limited, authorized period of determined or prescribed duration or for a limited use.

      (c) Obtains real, personal or intangible property or the services of another person by a material misrepresentation with intent to deprive that person of the property or services. As used in this paragraph, “material misrepresentation” means the use of any pretense, or the making of any promise, representation or statement of present, past or future fact which is fraudulent and which, when used or made, is instrumental in causing the wrongful control or transfer of property or services. The pretense may be verbal or it may be a physical act.

      (d) Comes into control of lost, mislaid or misdelivered property of another person under circumstances providing means of inquiry as to the true owner and appropriates that property to his or her own use or that of another person without reasonable efforts to notify the true owner.

      (e) Controls property of another person knowing or having reason to know that the property was stolen.

      (f) Obtains services , including, without limitation, audio or visual services, or parts, products or other items related to such services which the person knows or, in the case of audio or visual services, should have known are available only for compensation without paying or agreeing to pay compensation or diverts the services of another person to his or her own benefit or that of another person without lawful authority to do so.

      (g) Takes, destroys, conceals or disposes of property in which another person has a security interest, with intent to defraud that person.

      (h) Commits any act that is declared to be theft by a specific statute.

      (i) Draws or passes a check, and in exchange obtains property or services, if the person knows that the check will not be paid when presented.

      (j) Obtains gasoline or other fuel or automotive products which are available only for compensation without paying or agreeing to pay compensation.

      2.  A person who commits an act that is prohibited by subsection 1 which involves the repair of a vehicle has not committed theft unless, before the repair was made, the person received a written estimate of the cost of the repair.

      Sec. 3. NRS 205A.070 is hereby amended to read as follows:

      205A.070  1.  Upon approval by [two-thirds] a majority of the members of the Board, the Board shall appoint an Executive Director of Technological Crime within the Office of the Attorney General.

      2.  The Executive Director is in the unclassified service of the State and serves at the pleasure of the Board.

      3.  The Board shall establish the qualifications, powers and duties of the Executive Director.

      Sec. 4. This act becomes effective on July 1, 2013.

________

 

 

 

 

 

 


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ê2013 Statutes of Nevada, Page 825ê

 

CHAPTER 219, SB 39

Senate Bill No. 39–Committee on Government Affairs

 

CHAPTER 219

 

[Approved: May 28, 2013]

 

AN ACT relating to the Nevada Commission on Homeland Security; clarifying that the exceptions to the Open Meeting Law that are provided by law for the Commission also apply, with certain limitations, to all committees appointed by the Chair of the Commission; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law generally requires the Nevada Commission on Homeland Security to comply with the Open Meeting Law but authorizes the Commission, upon a majority vote, to hold a closed meeting to receive security briefings, discuss procedures for responding to acts of terrorism and related emergencies, or discuss deficiencies in security with respect to public services, public facilities and infrastructure. (NRS 239C.140) This bill clarifies that the exceptions to the Open Meeting Law that are provided by law for the Commission also apply to all committees appointed by the Chair of the Commission. This bill authorizes any such committee to hold a closed meeting under circumstances where the Commission may do so, with the prior approval of the Commission.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 239C.140 is hereby amended to read as follows:

      239C.140  1.  Except as otherwise provided in subsections 2 and 3, the Commission and any committee appointed pursuant to NRS 239C.170 shall comply with the provisions of chapter 241 of NRS and shall conduct all meetings [of the Commission must be conducted] in accordance with that chapter.

      2.  The Commission and, with the prior approval of the Commission, any committee appointed pursuant to NRS 239C.170 may hold a closed meeting to:

      (a) Receive security briefings;

      (b) Discuss procedures for responding to acts of terrorism and related emergencies; or

      (c) Discuss deficiencies in security with respect to public services, public facilities and infrastructure,

Ê if the Commission or committee determines, upon a majority vote of its members, that the public disclosure of such matters would be likely to compromise, jeopardize or otherwise threaten the safety of the public.

      3.  Except as otherwise provided in NRS 239.0115, all information and materials received or prepared by the Commission or any committee appointed pursuant to NRS 239C.170 during a meeting closed pursuant to subsection 2 and all minutes and audiovisual or electronic reproductions of such a meeting are confidential, not subject to subpoena or discovery, and not subject to inspection by the general public.

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ê2013 Statutes of Nevada, Page 826ê

 

CHAPTER 220, SB 54

Senate Bill No. 54–Committee on Health and Human Services

 

CHAPTER 220

 

[Approved: May 28, 2013]

 

AN ACT relating to persons with disabilities; restricting the terms of certain agreements relating to vending stands established by the Bureau of Services to Persons Who Are Blind or Visually Impaired of the Rehabilitation Division of the Department of Employment, Training and Rehabilitation; authorizing such agreements to provide for the recovery by certain persons and entities of increases in utility costs or other expenses resulting from the operation of such vending stands; revising provisions governing the Business Enterprise Account for Persons Who Are Blind; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Under existing law, the Bureau of Services to Persons Who Are Blind or Visually Impaired of the Rehabilitation Division of the Department of Employment, Training and Rehabilitation is required to establish, where suitable, vending stands in property owned, leased or occupied by the State or any of its political subdivisions, with certain exceptions, with the consent of the state or local governmental department or agency charged with maintaining the building or property. (NRS 277A.320, 426.640, 426.670) Similar agreements for the establishment of vending stands in a privately owned building are authorized between the Bureau and the private building owner. (NRS 426.685)

      Sections 1 and 2 of this bill prohibit a private building owner or governmental agency that owns or controls a building or property in or on which a vending stand is established from requiring the Bureau or the operator of the vending stand to pay any rent, fee or assessment that is based on the square footage of the portion of the building or property where the vending stand is located. An example of such a prohibited fee or assessment is a fee for the maintenance of landscaping or a common area. Sections 1 and 2 authorize such a private building owner or governmental agency to enter into an agreement with the Bureau to recover the increases in utility costs or other expenses where there is a direct, measurable and proportional increase in such costs or expenses as a result of the operation of the vending stand. Any conflicting provision in any contract or other agreement relating to such a vending stand is declared to be void. Section 3 of this bill exempts any contract or other agreement relating to a vending stand in force on the effective date of this bill between the Bureau or a licensee and the owner of a private building in which the vending stand is established from the provisions of section 2 during the current term of the contract or other agreement.

      Existing law establishes the Business Enterprise Account for Persons Who Are Blind and provides that if the Account is dissolved, any money remaining in the Account reverts to the State General Fund. (NRS 426.675) Section 1.5 of this bill provides, instead, that if the Account is dissolved or the Vending Stand Program is terminated, the Administrator of the Rehabilitation Division shall, within 60 days: (1) provide an accounting of the money remaining in the Account to all licensed vending stand operators; and (2) distribute to each such operator his or her proportionate share of that money. Section 1.5 also requires the Division to adopt regulations to carry out those provisions.

 


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ê2013 Statutes of Nevada, Page 827 (Chapter 220, SB 54)ê

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 426.670 is hereby amended to read as follows:

      426.670  1.  The Bureau shall:

      (a) Make surveys of public buildings or properties to determine their suitability as locations for vending stands to be operated by persons who are blind and advise the heads of departments or agencies charged with the maintenance of the buildings or properties of its findings.

      (b) With the consent of the respective heads of departments or agencies charged with the maintenance of the buildings or properties, establish vending stands in those locations which the Bureau has determined to be suitable. [The] Except as otherwise provided in subsection 4, the Bureau may enter into leases , [or] licensing agreements or other contracts or agreements therefor.

      (c) Select, train, license and assign qualified persons who are blind to manage or operate vending stands or do both.

      (d) Except as otherwise provided in this paragraph, execute contracts or agreements with persons who are blind to manage or operate vending stands or do both. The agreements may concern finances, management, operation and other matters concerning the stands. The Bureau shall not execute a contract or agreement which obligates the Bureau, under any circumstances, to make payments on a loan to a person who is blind.

      (e) When the Bureau deems such action appropriate, impose and collect license fees for the privilege of operating vending stands.

      (f) Establish and effectuate such regulations as it may deem necessary to ensure the proper and satisfactory operation of vending stands. The regulations must provide a method for setting aside money from the revenues of vending stands and provide for the payment and collection thereof.

      2.  The Bureau may enter into contracts with vendors for the establishment and operation of vending stands. These contracts must include provisions for the payment of commissions to the Bureau based on revenues from the vending stands. The Bureau may assign the commissions to licensed operators for the maintenance of their incomes.

      3.  The Bureau may, by regulation, provide:

      (a) Methods for recovering the cost of establishing vending stands.

      (b) Penalties for failing to file reports or make payments required by NRS 426.630 to 426.720, inclusive, or a regulation adopted pursuant to those sections when they are due.

      4.  A department or agency that has care, custody and control of a public building or property in or on which a vending stand is established:

      (a) Shall not require the Bureau or the operator of the vending stand to pay any rent, fee or assessment that is based on the square footage of the portion of the building or property where the vending stand is located. Such a prohibited fee or assessment includes, without limitation, a fee for the maintenance of landscaping or a common area.

      (b) May enter into an agreement with the Bureau to recover the increases in utility costs or other expenses where there is a direct, measurable and proportional increase in such costs or expenses as a result of the operation of the vending stand.

 


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ê2013 Statutes of Nevada, Page 828 (Chapter 220, SB 54)ê

 

Ê Any provision in a lease, licensing agreement, contract or other agreement relating to a vending stand established pursuant to this section that conflicts with this subsection is void.

      Sec. 1.5. NRS 426.675 is hereby amended to read as follows:

      426.675  1.  The Business Enterprise Account for Persons Who Are Blind is hereby created within the State General Fund and must be managed by the Administrator of the Division.

      2.  Money received by the Bureau under the provisions of NRS 426.670, except commissions assigned to licensed vending stand operators, must:

      (a) Be deposited in the Business Enterprise Account for Persons Who Are Blind.

      (b) Except as otherwise provided in subsection 4, remain in the Account and not revert to the State General Fund.

      (c) Be used for:

             (1) Purchasing, maintaining or replacing vending stands or the equipment therein;

             (2) Maintaining a stock of equipment, parts, accessories and merchandise used or planned for use in the Vending Stand Program; and

             (3) Other purposes, consistent with NRS 426.640, as may be provided by regulation.

      3.  Purchases made pursuant to paragraph (c) of subsection 2 are exempt from the provisions of the State Purchasing Act at the discretion of the Administrator of the Purchasing Division of the Department of Administration or his or her designated representative, but the Bureau shall:

      (a) Maintain current inventory records of all equipment, parts, accessories and merchandise charged to the Business Enterprise Account for Persons Who Are Blind;

      (b) Conduct a periodic physical count of all such equipment, parts, accessories and merchandise; and

      (c) Reconcile the results of the periodic physical count with the inventory records and cash balance in the Account.

      4.  If the Business Enterprise Account for Persons Who Are Blind is dissolved [, any money remaining therein reverts to the State General Fund.] or the Vending Stand Program is terminated, the Administrator of the Division shall, within 60 days after the dissolution or termination:

      (a) Provide an accounting of the money remaining in the Account to all licensed vending stand operators; and

      (b) Distribute any money remaining in the Account to each such operator in the same proportion as the money deposited in the Account and attributable to that operator bears to all the money remaining in the Account.

Ê The Division shall, in consultation with the Nevada Committee of Blind Vendors or its successor organization, adopt regulations to carry out the provisions of this subsection.

      5.  Money from any source which may lawfully be used for the Vending Stand Program may be transferred or deposited by the Bureau to the Business Enterprise Account for Persons Who Are Blind.

      6.  The interest and income earned on the money in the Business Enterprise Account for Persons Who Are Blind, after deducting any applicable charges, must be credited to the Account.

 


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ê2013 Statutes of Nevada, Page 829 (Chapter 220, SB 54)ê

 

      Sec. 2. NRS 426.685 is hereby amended to read as follows:

      426.685  1.  The Bureau may establish vending stands in privately owned buildings, if the building owner in each instance consents and enters into [an] a contract or other agreement approved by the Bureau.

      2.  The owner of a building in which a vending stand is established pursuant to subsection 1:

      (a) Shall not require the Bureau or the operator of the vending stand to pay any rent, fee or assessment that is based on the square footage of the portion of the building or property where the vending stand is located. Such a prohibited fee or assessment includes, without limitation, a fee for the maintenance of landscaping or a common area.

      (b) May enter into an agreement with the Bureau to recover the increases in utility costs or other expenses where there is a direct, measurable and proportional increase in such costs or expenses as a result of the operation of the vending stand.

Ê Any provision in a contract or other agreement relating to a vending stand established pursuant to subsection 1 that conflicts with this subsection is void.

      Sec. 3.  1.  The provisions of NRS 426.670, as amended by section 1 of this act, apply to any contract or other agreement relating to a vending stand entered into before, on or after the effective date of this act.

      2.  The provisions of NRS 426.685, as amended by section 2 of this act, do not apply to any contract or other agreement relating to a vending stand entered into before the effective date of this act during the current term of the contract or other agreement, but do apply to any extension or renewal of such a contract or other agreement and to any contract or other agreement entered into on or after the effective date of this act.

      Sec. 4.  This act becomes effective upon passage and approval.

________

CHAPTER 221, SB 60

Senate Bill No. 60–Committee on Judiciary

 

CHAPTER 221

 

[Approved: May 28, 2013]

 

AN ACT relating to business; authorizing the imposition of a fine on businesses failing to comply with the requirement to obtain or renew a state business license; amending various provisions relating to state business licenses; revising provisions governing registered agents; prohibiting the formation or registration of a business entity for certain purposes; requiring certain persons to answer interrogatories from the Secretary of State in the course of certain investigations; revising provisions governing the initial and annual lists filed with the Secretary of State by business entities; amending provisions governing the reinstatement and revival of business entities; revising various provisions relating to business entities and secured transactions; and providing other matters properly relating thereto.

 


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ê2013 Statutes of Nevada, Page 830 (Chapter 221, SB 60)ê

 

Legislative Counsel’s Digest:

      Existing law requires a person conducting a business in this State to obtain a state business license from the Secretary of State. (NRS 76.100) However, under existing law, certain entities, organizations, persons and businesses are not deemed to be businesses and, thus, are not required to obtain a state business license. (NRS 76.020) Section 3 of this bill requires a person deemed not to be a business to annually claim an exemption from the requirement to obtain a state business license by filing with the Secretary of State a form provided by the Secretary of State. Section 4 of this bill amends provisions governing the confidentiality of information concerning state business licenses.

      Existing law provides that: (1) a person is subject to a fine of not less than $1,000 but not more than $10,000 if the person is purporting to do business in this State as a business entity but has willfully failed or neglected to register with the Secretary of State; and (2) the district attorney or Attorney General may recover the cost of a proceeding to recover the fine if the district attorney or Attorney General prevails. (NRS 78.047, 80.055, 82.5234, 86.213, 86.548, 87.445, 87.5405, 87A.237, 87A.610, 87A.632, 87A.652, 88.352, 88.600, 88.6062, 88.6087, 88A.215, 88A.750, 89.215) Section 2 of this bill authorizes the imposition of this fine on persons conducting business in this State who have willfully failed or neglected to comply with the requirement to obtain or renew a state business license. Sections 2, 12, 18, 25, 32, 38, 42, 45, 50, 57, 59, 60, 63, 69, 71, 72, 74, 80 and 83 of this bill provide that in the course of an investigation into a person who has willfully failed or neglected to comply with the requirement to obtain or renew a state business license or to register as an entity with the Secretary of State, the Secretary of State may require certain persons to answer interrogatories that will assist in the investigation.

      Existing law requires foreign and domestic business entities to appoint a registered agent. (NRS 77.310) Section 6.3 of this bill authorizes the Secretary of State to conduct periodic, special or other examinations of the records of a registered agent. Section 6.7 of this bill authorizes the Secretary of State to impose a civil penalty of not more than $500 on registered agents who violate certain provisions of law governing registered agents. Sections 7.2-9 of this bill prohibit an individual in the business of serving as a registered agent from serving as the registered agent of a foreign or domestic entity or as a director, officer or managing agent of a foreign or domestic entity that is in the business of serving as a registered agent in this State if the individual has been convicted of certain crimes or has been prohibited from serving as a registered agent in another state. Section 8 requires an individual or entity transacting business as a registered agent in this State for 10 or more business entities to register with the Secretary of State as a commercial registered agent and authorizes the Secretary of State to deny or revoke such a registration under certain circumstances. Section 7.6 of this bill eliminates the fee for registering as a commercial registered agent or terminating registration as a commercial registered agent. Under section 9, if an individual has been convicted of certain crimes or has been prohibited from serving as a registered agent in another state, a court may enjoin the individual from serving as a registered agent or as a director, officer or managing agent of a registered agent.

      Existing law requires a foreign or domestic business entity to file with the Secretary of State an initial list and an annual list of the directors and officers of the entity or the persons holding the equivalent office. (NRS 78.150, 80.110, 82.523, 86.263, 86.5461, 87.510, 87.541, 87A.290, 87A.560, 88.395, 88.591, 88A.600, 88A.732, 89.250) Existing law also imposes a civil penalty on a person who willfully files in the Office of the Secretary of State a record which contains a false statement of material fact. (NRS 225.084) Sections 13, 19, 24, 33, 36, 43, 46, 52, 55, 64, 67, 75, 78 and 84 of this bill: (1) require the initial and annual list filed by a foreign or domestic business entity to include a declaration, under penalty of perjury, that none of the officers or directors, or their equivalents, has been identified in the list with the fraudulent intent of concealing the identity of any person or persons who exercise the power or authority of the officers or directors, or their equivalents, in furtherance of any unlawful conduct; and (2) provide that a person who files an initial or annual list that identifies officers or directors, or their equivalents, for such a purpose is subject to the civil penalty for filing a false record with the Secretary of State.

 


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ê2013 Statutes of Nevada, Page 831 (Chapter 221, SB 60)ê

 

that identifies officers or directors, or their equivalents, for such a purpose is subject to the civil penalty for filing a false record with the Secretary of State. Sections 13, 19, 24, 33, 36, 43, 46, 52, 55, 64, 67, 75, 78 and 84 also authorize the Secretary of State to allow a foreign or domestic business entity to select a different due date for filing its initial list under certain circumstances.

      Under existing law, if a foreign or domestic business entity has not filed an annual list within 1 year after the annual list is due, the entity’s right to transact business in this State is forfeited. (NRS 78.175, 80.150, 82.5235, 86.274, 86.5465, 87.520, 87.5425, 87A.300, 87A.585, 88.400, 88.593, 88A.640, 88A.735, 89.254) A foreign or domestic business entity whose right to transact business has been forfeited because the entity has failed to file an annual list may reinstate its right to transact business if, within 5 years after forfeiting its right to transact business, it files the annual list and pays certain fees. (NRS 78.180, 80.170, 82.5237, 86.276, 86.5467, 87.530, 87.5435, 87A.310, 87A.595, 88.410, 88.594, 88A.650, 88A.737, 89.256) Sections 14, 20, 26, 30, 34, 37, 44, 47, 53, 56, 65, 68, 76, 79 and 85 of this bill require a foreign or domestic business entity seeking to reinstate its right to transact business to also file with the Secretary of State a declaration under penalty of perjury that the reinstatement is authorized by a court of competent jurisdiction in this State or the duly elected board of directors or other governing body of the entity. Sections 15, 28 and 40 of this bill require this declaration to be filed with the Secretary of State by a domestic corporation, a domestic nonprofit corporation or a domestic limited-liability company seeking to renew or revive its charter.

      Existing law generally authorizes a business entity to be formed for any lawful purpose. (NRS 78.030, 82.081, 86.141, 87.440, 87A.155, 87A.630, 88.342, 88.606, 88A.200) Sections 11, 21, 23, 31, 41, 49, 58, 62, 70, 73 and 82 of this bill prohibit a person from forming a business entity for an illegal purpose or with the intent to conceal any business activity, or lack thereof, from another person or a governmental agency.

      Existing law requires business entities formed under the laws of another state or a foreign country to register with the Secretary of State before conducting business in this State. (NRS 80.010, 86.544, 87A.540, 88.575, 88A.710) Sections 17, 35, 54, 66 and 77 of this bill prohibit a business entity formed under the laws of another state or a foreign country from registering to do business in this State for an illegal purpose or with the intent to conceal any business activity, or lack thereof, from another person or a governmental entity.

      Existing law requires a foreign corporation seeking to register with the Secretary of State to do business in this State to file a certificate of existence issued by the authorized officer of the jurisdiction in which the corporation was incorporated. (NRS 80.010) Section 17 of this bill requires a foreign corporation to file a declaration of the existence of the corporation and that the foreign corporation is in good standing in the jurisdiction in which it was incorporated rather than a certificate of existence. Section 35 of this bill requires a foreign limited-liability company seeking to register with the Secretary of State before commencing business in this State to file such a declaration.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 76 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2. 1.  Every person who conducts a business in this State and who willfully fails or neglects to obtain or renew a state business license as required by this chapter and to pay the fees required by NRS 76.100 and 76.130 is subject to a fine of not less than $1,000 but not more than $10,000, to be recovered in a court of competent jurisdiction.

 


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ê2013 Statutes of Nevada, Page 832 (Chapter 221, SB 60)ê

 

      2.  When the Secretary of State is advised that a person is subject to the fine described in subsection 1, the Secretary of State may, as soon as practicable, refer the matter to the district attorney of the county in which the person’s principal place of business is located or the Attorney General, or both, for a determination of whether to institute proceedings to recover the fine. The district attorney of the county in which the person’s principal place of business is located or the Attorney General may institute and prosecute the appropriate proceedings to recover the fine. If the district attorney or the Attorney General prevails in a proceeding to recover the fine described in subsection 1, the district attorney or the Attorney General is entitled to recover the costs of the proceeding, including, without limitation, the cost of any investigation and reasonable attorney’s fees.

      3.  In the course of an investigation of a violation of this section, the Secretary of State may require a person to answer any interrogatory submitted by the Secretary of State that will assist in the investigation.

      4.  The Secretary of State may adopt regulations to administer the provisions of this section.

      Sec. 3. 1.  Except as otherwise provided in subsection 2, a person who claims to be excluded from the requirement to obtain a state business license because the person is an entity, organization, person or business listed in subsection 2 of NRS 76.020 or who conducts a business in this State but claims to be exempt from the requirement to obtain a state business license must submit annually to the Secretary of State a claim for the exemption on a form provided by the Secretary of State.

      2.  The provisions of subsection 1 do not apply to a business organized pursuant to chapter 82 or 84 of NRS.

      Sec. 4. NRS 76.160 is hereby amended to read as follows:

      76.160  1.  Except as otherwise provided in this chapter and NRS 239.0115, the records and files of the Secretary of State concerning the administration of this chapter are confidential and privileged. The Secretary of State, and any employee of the Secretary of State engaged in the administration of this chapter or charged with the custody of any such records or files, shall not disclose any information obtained from those records or files. Neither the Secretary of State nor any employee of the Secretary of State may be required to produce any of the records, files and information for the inspection of any person or for use in any action or proceeding.

      2.  The records and files of the Secretary of State concerning the administration of this chapter are not confidential and privileged in the following cases:

      (a) Testimony by a member or employee of the Secretary of State and production of records, files and information on behalf of the Secretary of State or a person in any action or proceeding pursuant to the provisions of this chapter if that testimony or the records, files or information, or the facts shown thereby, are directly involved in the action or proceeding.

      (b) Delivery to a person or his or her authorized representative of a copy of any document filed by the person pursuant to this chapter.

      (c) Publication of statistics so classified as to prevent the identification of a particular business or document.

      (d) Exchanges of information with the Internal Revenue Service in accordance with compacts made and provided for in such cases.

 


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ê2013 Statutes of Nevada, Page 833 (Chapter 221, SB 60)ê

 

      (e) Disclosure in confidence to any person authorized to audit the accounts of the Secretary of State in pursuance of an audit, or to the Attorney General or other legal representative of the State in connection with an action or proceeding pursuant to this chapter, or to any agency of this or any other state charged with the administration or enforcement of laws relating to workers’ compensation, unemployment compensation, public assistance, taxation, labor or gaming.

      (f) Exchanges of information pursuant to subsection 3.

      (g) Disclosure of information concerning whether or not a person conducting a business in this State has a state business license [.] and, if the person is conducting a business in this State, the street address in this State at which the person is conducting that business.

      3.  The Secretary of State may agree with any county fair and recreation board or the governing body of any county, city or town for the continuing exchange of information concerning taxpayers.

      4.  Upon the request of any law enforcement agency in the course of a criminal investigation or upon the request of any agency or political subdivision of this State, another state or the United States in the course of an enforcement action, the Secretary of State may provide to the requesting law enforcement agency, agency or political subdivision information contained in its records and files relating to a state business license.

      5.  The Secretary of State shall periodically, as he or she deems appropriate, but not less often than annually, transmit to the Administrator of the Division of Industrial Relations of the Department of Business and Industry a list of the businesses of which the Secretary of State has a record. The list must include the mailing address of the business as reported to the Secretary of State.

      Sec. 5. Chapter 77 of NRS is hereby amended by adding thereto the provisions set forth as sections 6 to 7, inclusive, of this act.

      Sec. 6. 1.  Any individual residing or corporation located in this State may register for that calendar year a willingness to serve as the registered agent of a domestic or foreign corporation, limited-liability company or limited partnership with the Secretary of State. The registration must state the full, legal name of the individual or corporation willing to serve as the registered agent and be accompanied by a fee of $500 per office location of the registered agent.

      2.  The Secretary of State shall maintain a list of those individuals and corporations who are registered pursuant to subsection 1 and make the list available to persons seeking to do business in this State.

      3.  The Secretary of State may amend any information provided in the list if an individual or a corporation who is included in the list:

      (a) Requests the amendment; and

      (b) Pays a fee of $50.

      4.  The Secretary of State may adopt regulations prescribing the content, maintenance and presentation of the list.

      Sec. 6.3. The Secretary of State may conduct periodic, special or any other examinations of any records required to be maintained pursuant to this chapter or any other provision of NRS pertaining to the duties of a registered agent as the Secretary of State deems necessary or appropriate to determine whether a violation of this chapter or any other provision of NRS pertaining to the duties of a registered agent has been violated.

 


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ê2013 Statutes of Nevada, Page 834 (Chapter 221, SB 60)ê

 

      Sec. 6.7. 1.  A person who violates a provision of this chapter is subject to a civil penalty of not more than $500, to be recovered in a civil action brought in the district court in the county in which the person’s principal place of business is located or in the district court of Carson City. The court may reduce the amount of the civil penalty imposed by the Secretary of State if the court determines that the amount of the civil penalty is disproportionate to the violation.

      2.  Except as otherwise provided in subsection 3, before filing a civil action to recover a civil penalty pursuant to subsection 1, if the person who allegedly violated a provision of this chapter has not been issued a written notice of a violation of this chapter within the immediately preceding 3 years, the Secretary of State must provide to the person written notice of the alleged violation and 10 business days to correct the alleged violation. The Secretary of State may provide a greater period to correct the alleged violation as the Secretary of State deems appropriate.

      3.  If a person who allegedly violated a provision of this chapter engaged in conduct in the course of acting as a registered agent that was intended to deceive or defraud the public or to promote illegal activities, the Secretary of State may take any or all of the following actions:

      (a) File a civil action pursuant to subsection 1 without providing the notice and the opportunity to correct the alleged violation required by subsection 2.

      (b) Deny or revoke the person’s registration as a commercial registered agent.

      (c) Issue an order requiring the person to comply with the provisions of this chapter.

      (d) Refuse to accept filings for entities for which the person serves as registered agent.

      Sec. 7. (Deleted by amendment.)

      Sec. 7.2. NRS 77.040 is hereby amended to read as follows:

      77.040  “Commercial registered agent” means an individual or a domestic or foreign entity [listed] transacting business as a registered agent for 10 or more entities or any registered agent who elects to be registered under NRS 77.320.

      Sec. 7.4. NRS 77.140 is hereby amended to read as follows:

      77.140  “Noncommercial registered agent” means a person that is not [listed] registered as a commercial registered agent under NRS 77.320 and that is:

      1.  An individual or a domestic or foreign entity that serves in this State as the agent for service of process of an entity; or

      2.  The individual who holds the office or other position in an entity that is designated as the agent for service of process pursuant to subparagraph (2) of paragraph (b) of subsection 1 of NRS 77.310.

      Sec. 7.6. NRS 77.280 is hereby amended to read as follows:

      77.280  1.  The Secretary of State shall collect the following fees when a filing is made under this chapter:

      (a) [For a commercial registered agent listing statement, $75.

      (b) For a commercial registered agent termination statement, $100.

      (c)] For a statement of change, $60.

      [(d)](b) For a statement of resignation, $100 for the first entity listed on the statement of resignation and $1 for each additional entity listed on the statement of resignation.

 


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ê2013 Statutes of Nevada, Page 835 (Chapter 221, SB 60)ê

 

      [(e)](c) For a statement appointing an agent for service of process, $60.

      2.  The Secretary of State shall collect the following fees for copying and certifying a copy of any document filed under this chapter:

      (a) For copying any document, $2 per page.

      (b) For certifying a copy of any document, $30.

      Sec. 8. NRS 77.320 is hereby amended to read as follows:

      77.320  1.  An individual or a domestic or foreign entity shall not serve as the registered agent in this State of 10 or more domestic or foreign entities unless the individual or domestic or foreign entity is registered as a commercial registered agent pursuant to this section.

      2.  An individual or a domestic or foreign entity may become [listed] registered as a commercial registered agent by filing with the Secretary of State a commercial registered agent [listing] registration statement on a form prescribed by the Secretary of State signed under penalty of perjury by the individual or by an individual authorized to sign the statement on behalf of the [person,] entity, which states:

      (a) The legal name of the individual or the legal name, type and jurisdiction of organization of the entity;

      (b) That the person is in the business of serving as a commercial registered agent in this State; [and]

      (c) The address of a place of business of the person in this State to which service of process and other notice and documents being served on or sent to entities represented by it may be delivered ; [.]

      [2.] (d) The name, address and telephone number of the individual who has the authority to act on behalf of the commercial registered agent;

      (e) If the person filing the statement is an individual, that the individual:

             (1) Has not been convicted of a felony or, if the individual has been convicted of a felony, a statement that the individual has had his or her civil rights restored; and

             (2) Has not had his or her ability to serve as a registered agent denied or revoked by the appropriate authority of this State or another state, or has not been enjoined by a court of competent jurisdiction from serving as a registered agent, because the individual has engaged in conduct in his or her capacity as a registered agent that was intended to or likely to deceive or defraud the public;

      (f) If the person filing the statement is a domestic or foreign entity, that each director, officer or managing agent of the entity:

             (1) Has not been convicted of a felony or, if a director, officer or managing agent has been convicted of a felony, a statement that the individual has had his or her civil rights restored; and

             (2) Has not had his or her ability to serve as a registered agent or a director, officer or managing agent of a registered agent denied or revoked by the appropriate authority of this State or another state, or has not been enjoined by a court of competent jurisdiction from serving as a registered agent or a director, officer or managing agent of a registered agent, because the individual has engaged in conduct in his or her capacity as a registered agent, or as a director, officer or managing agent of a registered agent, that was intended to or likely to deceive or defraud the public; and

      (g) Any other information the Secretary of State deems appropriate.

      3.  If the name of a person filing a commercial registered agent [listing] registration statement is not distinguishable on the records of the Secretary of State from the name of another commercial registered agent [listed] registered under this section, the person must adopt a fictitious name that is distinguishable and use that name in its statement and when it does business in this State as a commercial registered agent.

 


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ê2013 Statutes of Nevada, Page 836 (Chapter 221, SB 60)ê

 

of State from the name of another commercial registered agent [listed] registered under this section, the person must adopt a fictitious name that is distinguishable and use that name in its statement and when it does business in this State as a commercial registered agent. For the purposes of this subsection, a proposed name is not distinguishable from another name solely because one or the other contains distinctive lettering, a distinctive mark, a trademark or a trade name or any combination of these. The Secretary of State may adopt regulations that interpret the requirements of this subsection.

      [3.]4.  A commercial registered agent [listing] registration statement takes effect on filing.

      [4.]5.  The Secretary of State shall note the filing of the commercial registered agent [listing] registration statement in the index of filings maintained by the Secretary of State for each entity represented by the registered agent at the time of the filing. The statement has the effect of deleting the address of the registered agent from the registered agent filing of each of those entities.

      6.  The Secretary of State may deny registration as a commercial registered agent or revoke the registration of a commercial registered agent if the person filing the registration statement or the commercial registered agent is:

      (a) An individual who:

             (1) Has been convicted of a felony and has not had his or her civil rights restored; or

             (2) Has had his or her ability to serve as a registered agent denied or revoked by the appropriate authority of this State or another state, or has been enjoined by a court of competent jurisdiction from serving as a registered agent, because the individual has engaged in conduct in his or her capacity as a registered agent that was intended to or likely to deceive or defraud the public; or

      (b) A domestic or foreign entity, and a director, officer or managing agent of the entity:

             (1) Has been convicted of a felony and the individual has not had his or her civil rights restored; or

             (2) Has had his or her ability to serve as a registered agent or a director, officer or managing agent of a registered agent denied or revoked by the appropriate authority of this State or another state, or has been enjoined by a court of competent jurisdiction from serving as a registered agent or a director, officer or managing agent of a registered agent, because the individual has engaged in conduct in his or her capacity as a registered agent, or as a director, officer or managing agent of a registered agent, that was intended to or likely to deceive or defraud the public.

      Sec. 8.3. NRS 77.330 is hereby amended to read as follows:

      77.330  1.  A commercial registered agent which serves as the registered agent in this State for less than 10 entities or which ceases to serve as a registered agent in this State may terminate its [listing] registration as a commercial registered agent by filing with the Secretary of State a commercial registered agent termination statement signed by or on behalf of the agent which states:

      (a) The name of the agent as currently [listed] registered under NRS 77.320; and

      (b) That the agent is no longer in the business of serving as a commercial registered agent in this State.

 


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ê2013 Statutes of Nevada, Page 837 (Chapter 221, SB 60)ê

 

      2.  A commercial registered agent termination statement takes effect on the 31st day after the day on which it is filed.

      3.  The commercial registered agent shall promptly furnish each entity represented by it with notice in a record of the filing of the commercial registered agent termination statement.

      4.  When a commercial registered agent termination statement takes effect, the registered agent ceases to be an agent for service of process on each entity formerly represented by it. Termination of the [listing] registration of a commercial registered agent under this section does not affect any contractual rights a represented entity may have against the agent or that the agent may have against the entity.

      Sec. 8.5. NRS 77.360 is hereby amended to read as follows:

      77.360  1.  If a commercial registered agent changes its name, its address as currently [listed] registered under subsection [1] 2 of NRS 77.320 or its type or jurisdiction of organization, the agent shall file with the Secretary of State a statement of change signed by or on behalf of the agent which states:

      (a) The name of the agent as currently [listed] registered under subsection [1] 2 of NRS 77.320;

      (b) If the name of the agent has changed, its new name;

      (c) If the address of the agent has changed, the new address; and

      (d) If the type or jurisdiction of organization of the agent has changed, the new type or jurisdiction of organization.

      2.  The filing of a statement of change under subsection 1 is effective to change the information regarding the commercial registered agent with respect to each entity represented by the agent.

      3.  A statement of change filed under this section takes effect on filing.

      4.  A commercial registered agent shall promptly furnish each entity represented by it with notice in a record of the filing of a statement of change relating to the name or address of the agent and the changes made by the filing.

      5.  If a commercial registered agent changes its address without filing a statement of change as required by this section, the Secretary of State may cancel the [listing] registration of the agent under NRS 77.320. A cancellation under this subsection has the same effect as a termination under NRS 77.330. Promptly after cancelling the [listing] registration of an agent, the Secretary of State shall serve notice in a record on the:

      (a) Governors of each entity represented by the agent, stating that the agent has ceased to be an agent for service of process on the entity and that, until the entity appoints a new registered agent, service of process may be made in the manner provided by NRS 14.030; and

      (b) Agent, stating that the [listing] registration of the agent has been cancelled under this section.

      Sec. 8.7. NRS 77.400 is hereby amended to read as follows:

      77.400  The only duties under this chapter required of a registered agent who has complied with this chapter are:

      1.  To forward to the represented entity at the address most recently supplied to the agent by the entity any process, notice or demand that is served on the agent;

      2.  To provide the notices required by this chapter to the entity at the address most recently supplied to the agent by the entity;

 


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      3.  If the agent is a noncommercial registered agent, to keep current the information required pursuant to NRS 77.310 in the most recent registered agent filing for the entity; and

      4.  If the agent is a commercial registered agent, to keep current the information [listed for it] in its registration under subsection [1] 2 of NRS 77.320.

      Sec. 9. NRS 77.430 is hereby amended to read as follows:

      77.430  1.  The Secretary of State may adopt such regulations as he or she deems necessary to carry out and ensure compliance with the provisions of this chapter and any other provision of law which governs the conduct of registered agents.

      2.  Upon application of the Secretary of State, the district court may enjoin any person from serving as a registered agent or as an officer, director or managing agent of a registered agent if the court finds that:

      (a) The registered agent failed to comply with any provision of law governing the conduct of registered agents after reasonable notice and an opportunity to correct the failure; [or]

      (b) The registered agent engaged in conduct in his or her capacity as registered agent that was intended to deceive or defraud the public or to promote illegal activities [.] ;

      (c) The registered agent or the officer, director or managing agent has been convicted of a felony and has not been restored to his or her civil rights; or

      (d) The registered agent or the officer, director or managing agent has had his or her ability to serve as a registered agent or a director, officer or managing agent of a registered agent denied or revoked by the appropriate authority of this State or another state, or has been enjoined by a court of competent jurisdiction from serving as a registered agent or a director, officer or managing agent of a registered agent, because the individual has engaged in conduct in his or her capacity as a registered agent, or as a director, officer or managing agent of a registered agent, that was intended to or likely to deceive or defraud the public.

      Sec. 10. NRS 78.0295 is hereby amended to read as follows:

      78.0295  1.  A corporation may correct a record filed in the Office of the Secretary of State with respect to the corporation if the record contains an inaccurate description of a corporate action or if the record was defectively signed, attested, sealed, verified or acknowledged.

      2.  To correct a record, the corporation must:

      (a) Prepare a certificate of correction which:

             (1) States the name of the corporation;

             (2) Describes the record, including, without limitation, its filing date;

             (3) Specifies the inaccuracy or defect;

             (4) Sets forth the inaccurate or defective portion of the record in an accurate or corrected form; and

             (5) Is signed by an officer of the corporation or, if no stock has been issued by the corporation, by the incorporator or a director of the corporation [.] , or by some other person specifically authorized by the corporation to sign the certificate.

      (b) Deliver the certificate to the Secretary of State for filing.

      (c) Pay a filing fee of $175 to the Secretary of State.

 


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      3.  A certificate of correction is effective on the effective date of the record it corrects except as to persons relying on the uncorrected record and adversely affected by the correction. As to those persons, the certificate is effective when filed.

      4.  If a corporation has made a filing with the Secretary of State and the Secretary of State has not processed the filing and placed the filing into the public record, the corporation may cancel the filing by:

      (a) Filing a statement of cancellation with the Secretary of State; and

      (b) Paying the required fee pursuant to subsection 7 of NRS 78.785.

      Sec. 11. NRS 78.030 is hereby amended to read as follows:

      78.030  1.  One or more persons may establish a corporation for the transaction of any lawful business, or to promote or conduct any legitimate object or purpose, pursuant and subject to the requirements of this chapter, by signing and filing in the Office of the Secretary of State articles of incorporation. A person shall not establish a corporation for any illegal purpose or with the fraudulent intent to conceal any business activity, or lack thereof, from another person or a governmental agency.

      2.  The articles of incorporation must be as provided in NRS 78.035, and the Secretary of State shall require them to be in the form prescribed. If any articles are defective in this respect, the Secretary of State shall return them for correction.

      Sec. 12. NRS 78.047 is hereby amended to read as follows:

      78.047  1.  Every person, other than a corporation organized and existing pursuant to the laws of another state, territory, the District of Columbia, a possession of the United States or a foreign country, who is purporting to do business in this State as a corporation and who willfully fails or neglects to file with the Secretary of State articles of incorporation is subject to a fine of not less than $1,000 but not more than $10,000, to be recovered in a court of competent jurisdiction.

      2.  When the Secretary of State is advised that a person is subject to the fine described in subsection 1, the Secretary of State may, as soon as practicable, [instruct] refer the matter to the district attorney of the county in which the person’s principal place of business is located or the Attorney General, or both, for a determination of whether to institute proceedings to recover the fine. The district attorney of the county in which the person’s principal place of business is located or the Attorney General may institute and prosecute the appropriate proceedings to recover the fine. If the district attorney or the Attorney General prevails in a proceeding to recover the fine described in subsection 1, the district attorney or the Attorney General is entitled to recover the costs of the proceeding, including, without limitation, the cost of any investigation and reasonable attorney’s fees.

      3.  In the course of an investigation of a violation of this section, the Secretary of State may require a person to answer any interrogatory submitted by the Secretary of State that will assist in the investigation.

      4.  The Secretary of State may adopt regulations to administer the provisions of this section.

      Sec. 12.5. NRS 78.097 is hereby amended to read as follows:

      78.097  1.  If a registered agent resigns pursuant to NRS 77.370 or if a commercial registered agent terminates its [listing] registration as a commercial registered agent pursuant to NRS 77.330, the corporation, before the effective date of the resignation or termination, shall file with the Secretary of State a statement of change of registered agent pursuant to NRS 77.340.

 


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      2.  A corporation that fails to comply with subsection 1 shall be deemed in default and is subject to the provisions of NRS 78.170 and 78.175.

      3.  As used in this section, “commercial registered agent” has the meaning ascribed to it in NRS 77.040.

      Sec. 13. NRS 78.150 is hereby amended to read as follows:

      78.150  1.  A corporation organized pursuant to the laws of this State shall, on or before the last day of the first month after the filing of its articles of incorporation with the Secretary of State [,] or, if the corporation has selected an alternative due date pursuant to subsection 11, on or before that alternative due date, file with the Secretary of State a list, on a form furnished by the Secretary of State, containing:

      (a) The name of the corporation;

      (b) The file number of the corporation, if known;

      (c) The names and titles of the president, secretary and treasurer, or the equivalent thereof, and of all the directors of the corporation;

      (d) The address, either residence or business, of each officer and director listed, following the name of the officer or director; and

      (e) [The information required pursuant to NRS 77.310; and

      (f)] The signature of an officer of the corporation , or some other person specifically authorized by the corporation to sign the list, certifying that the list is true, complete and accurate.

      2.  The corporation shall annually thereafter, on or before the last day of the month in which the anniversary date of incorporation occurs in each year [,] or, if, pursuant to subsection 11, the corporation has selected an alternative due date for filing the list required by subsection 1, on or before the last day of the month in which the anniversary date of the alternative due date occurs in each year, file with the Secretary of State, on a form furnished by the Secretary of State, an annual list containing all of the information required in subsection 1.

      3.  Each list required by subsection 1 or 2 must be accompanied by:

      (a) A declaration under penalty of perjury that : [the corporation:]

             (1) [Has] The corporation has complied with the provisions of chapter 76 of NRS; [and]

             (2) [Acknowledges] The corporation acknowledges that pursuant to NRS 239.330, it is a category C felony to knowingly offer any false or forged instrument for filing with the Office of the Secretary of State [.] ; and

             (3) None of the officers or directors identified in the list has been identified in the list with the fraudulent intent of concealing the identity of any person or persons exercising the power or authority of an officer or director in furtherance of any unlawful conduct.

      (b) A statement as to whether the corporation is a publicly traded company. If the corporation is a publicly traded company, the corporation must list its Central Index Key. The Secretary of State shall include on the Secretary of State’s Internet website the Central Index Key of a corporation provided pursuant to this paragraph and instructions describing the manner in which a member of the public may obtain information concerning the corporation from the Securities and Exchange Commission.

      4.  Upon filing the list required by:

      (a) Subsection 1, the corporation shall pay to the Secretary of State a fee of $125.

 


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      (b) Subsection 2, the corporation shall pay to the Secretary of State, if the amount represented by the total number of shares provided for in the articles is:

 

$75,000 or less........................................................................................... $125

Over $75,000 and not over $200,000........................................................ 175

Over $200,000 and not over $500,000...................................................... 275

Over $500,000 and not over $1,000,000................................................... 375

Over $1,000,000:

       For the first $1,000,000........................................................................ 375

       For each additional $500,000 or fraction thereof............................. 275

Ê The maximum fee which may be charged pursuant to paragraph (b) for filing the annual list is $11,100.

 

      5.  If a director or officer of a corporation resigns and the resignation is not reflected on the annual or amended list of directors and officers, the corporation or the resigning director or officer shall pay to the Secretary of State a fee of $75 to file the resignation.

      6.  The Secretary of State shall, 90 days before the last day for filing each annual list required by subsection 2, provide to each corporation which is required to comply with the provisions of NRS 78.150 to 78.185, inclusive, and which has not become delinquent, a notice of the fee due pursuant to subsection 4 and a reminder to file the annual list required by subsection 2. Failure of any corporation to receive a notice does not excuse it from the penalty imposed by law.

      7.  If the list to be filed pursuant to the provisions of subsection 1 or 2 is defective in any respect or the fee required by subsection 4 is not paid, the Secretary of State may return the list for correction or payment.

      8.  An annual list for a corporation not in default which is received by the Secretary of State more than 90 days before its due date shall be deemed an amended list for the previous year and must be accompanied by the appropriate fee as provided in subsection 4 for filing. A payment submitted pursuant to this subsection does not satisfy the requirements of subsection 2 for the year to which the due date is applicable.

      9.  A person who files with the Secretary of State a list required by subsection 1 or 2 which identifies an officer or director with the fraudulent intent of concealing the identity of any person or persons exercising the power or authority of an officer or director in furtherance of any unlawful conduct is subject to the penalty set forth in NRS 225.084.

      10.  For the purposes of this section, a stockholder is not deemed to exercise actual control of the daily operations of a corporation based solely on the fact that the stockholder has voting control of the corporation.

      11.  The Secretary of State may allow a corporation to select an alternative due date for filing the list required by subsection 1.

      12.  The Secretary of State may adopt regulations to administer the provisions of subsection 11.

      Sec. 14. NRS 78.180 is hereby amended to read as follows:

      78.180  1.  Except as otherwise provided in subsections 3 and 4 and NRS 78.152, the Secretary of State shall reinstate a corporation which has forfeited or which forfeits its right to transact business pursuant to the provisions of this chapter and shall restore to the corporation its right to carry on business in this State, and to exercise its corporate privileges and immunities, if it:

 


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provisions of this chapter and shall restore to the corporation its right to carry on business in this State, and to exercise its corporate privileges and immunities, if it:

      (a) Files with the Secretary of State:

             (1) The list required by NRS 78.150;

             (2) The statement required by NRS 78.153, if applicable; [and]

             (3) The information required pursuant to NRS 77.310; and

             (4) A declaration under penalty of perjury, on a form provided by the Secretary of State, that the reinstatement is authorized by a court of competent jurisdiction in this State or by the duly elected board of directors of the corporation or, if the corporation does not have a board of directors, the equivalent of such a board; and

      (b) Pays to the Secretary of State:

             (1) The filing fee and penalty set forth in NRS 78.150 and 78.170 for each year or portion thereof during which it failed to file each required annual list in a timely manner;

             (2) The fee set forth in NRS 78.153, if applicable; and

             (3) A fee of $300 for reinstatement.

      2.  When the Secretary of State reinstates the corporation, the Secretary of State shall issue to the corporation a certificate of reinstatement if the corporation:

      (a) Requests a certificate of reinstatement; and

      (b) Pays the required fees pursuant to subsection 7 of NRS 78.785.

      3.  The Secretary of State shall not order a reinstatement unless all delinquent fees and penalties have been paid, and the revocation of the charter occurred only by reason of failure to pay the fees and penalties.

      4.  If a corporate charter has been revoked pursuant to the provisions of this chapter and has remained revoked for a period of 5 consecutive years, the charter must not be reinstated.

      5.  Except as otherwise provided in NRS 78.185, a reinstatement pursuant to this section relates back to the date on which the corporation forfeited its right to transact business under the provisions of this chapter and reinstates the corporation’s right to transact business as if such right had at all times remained in full force and effect.

      Sec. 15. NRS 78.730 is hereby amended to read as follows:

      78.730  1.  Except as otherwise provided in NRS 78.152, any corporation which did exist or is existing under the laws of this State may, upon complying with the provisions of NRS 78.180, procure a renewal or revival of its charter for any period, together with all the rights, franchises, privileges and immunities, and subject to all its existing and preexisting debts, duties and liabilities secured or imposed by its original charter and amendments thereto, or existing charter, by filing:

      (a) A certificate with the Secretary of State, which must set forth:

             (1) The name of the corporation, which must be the name of the corporation at the time of the renewal or revival, or its name at the time its original charter expired.

             (2) The information required pursuant to NRS 77.310.

             (3) The date when the renewal or revival of the charter is to commence or be effective, which may be, in cases of a revival, before the date of the certificate.

             (4) Whether or not the renewal or revival is to be perpetual, and, if not perpetual, the time for which the renewal or revival is to continue.

 


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             (5) That the corporation desiring to renew or revive its charter is, or has been, organized and carrying on the business authorized by its existing or original charter and amendments thereto, and desires to renew or continue through revival its existence pursuant to and subject to the provisions of this chapter.

      (b) A list of its president, secretary and treasurer, or the equivalent thereof, and all of its directors and their addresses, either residence or business.

      (c) A declaration under penalty of perjury, on a form provided by the Secretary of State, that the renewal or revival is authorized by a court of competent jurisdiction in this State or by the duly elected board of directors of the corporation or, if the corporation does not have a board of directors, the equivalent of such a board.

      2.  A corporation whose charter has not expired and is being renewed shall cause the certificate to be signed by an officer of the corporation. The certificate must be approved by a majority of the voting power of the shares.

      3.  A corporation seeking to revive its original or amended charter shall cause the certificate to be signed by a person or persons designated or appointed by the stockholders of the corporation. The signing and filing of the certificate must be approved by the written consent of stockholders of the corporation holding at least a majority of the voting power and must contain a recital that this consent was secured. If no stock has been issued, the certificate must contain a statement of that fact, and a majority of the directors then in office may designate the person to sign the certificate. The corporation shall pay to the Secretary of State the fee required to establish a new corporation pursuant to the provisions of this chapter.

      4.  The filed certificate, or a copy thereof which has been certified under the hand and seal of the Secretary of State, must be received in all courts and places as prima facie evidence of the facts therein stated and of the existence and incorporation of the corporation therein named.

      Sec. 16. NRS 80.007 is hereby amended to read as follows:

      80.007  1.  A foreign corporation may correct a record filed in the Office of the Secretary of State if the record contains an incorrect statement or was defectively signed, attested, sealed or verified.

      2.  To correct a record, the corporation must:

      (a) Prepare a certificate of correction which:

             (1) States the name of the corporation;

             (2) Describes the record, including, without limitation, its filing date;

             (3) Specifies the inaccuracy or defect;

             (4) Sets forth the inaccurate or defective portion of the record in an accurate or corrected form; and

             (5) Is signed by an officer of the corporation or, if no stock has been issued by the corporation, by the incorporator or a director of the corporation [.] , or by some other person specifically authorized by the corporation to sign the certificate.

      (b) Deliver the certificate to the Secretary of State for filing.

      (c) Pay a filing fee of $175 to the Secretary of State.

      3.  A certificate of correction is effective on the effective date of the record it corrects except as to persons relying on the uncorrected record and adversely affected by the correction. As to those persons, the certificate is effective when filed.

 


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      4.  If a foreign corporation has made a filing with the Secretary of State and the Secretary of State has not processed the filing and placed the filing into the public record, the foreign corporation may cancel the filing by:

      (a) Filing a statement of cancellation with the Secretary of State; and

      (b) Paying the required fee pursuant to subsection 7 of NRS 78.785.

      Sec. 17. NRS 80.010 is hereby amended to read as follows:

      80.010  1.  Before commencing or doing any business in this State, each corporation organized pursuant to the laws of another state, territory, the District of Columbia, a possession of the United States or a foreign country that enters this State to do business must:

      (a) File in the Office of the Secretary of State : [of this State:]

             (1) [A certificate of corporate existence issued not more than 90 days before the date of filing by an authorized officer of the jurisdiction of its incorporation setting forth the filing of records and instruments related to the articles of incorporation, or the governmental acts or other instrument or authority by which the corporation was created. If the certificate is in a language other than English, a translation, together with the oath of the translator and his or her attestation of its accuracy, must be attached to the certificate.

             (2)] The information required pursuant to NRS 77.310. The street address of the registered agent is the registered office of the corporation in this State.

             [(3)](2) A statement signed by an officer of the corporation , or some other person specifically authorized by the corporation to sign the statement, setting forth:

                   (I) A general description of the purposes of the corporation; [and]

                   (II) The authorized stock of the corporation and the number and par value of shares having par value and the number of shares having no par value [.] ;

                   (III) A declaration of the existence of the corporation and the name of the jurisdiction of its incorporation or the governmental acts or other instrument of authority by which the corporation was created; and

                   (IV) A declaration that the corporation is in good standing in the jurisdiction of its incorporation or creation.

      (b) Lodge in the Office of the Secretary of State a copy of the record most recently filed by the corporation in the jurisdiction of its incorporation setting forth the authorized stock of the corporation, the number of par-value shares and their par value, and the number of no-par-value shares.

      2.  The Secretary of State shall not file the records required by subsection 1 for any foreign corporation whose name is not distinguishable on the records of the Secretary of State from the names of all other artificial persons formed, organized, registered or qualified pursuant to the provisions of this title that are on file in the Office of the Secretary of State and all names that are reserved in the Office of the Secretary of State pursuant to the provisions of this title, unless the written, acknowledged consent of the holder of the name on file or reserved name to use the same name or the requested similar name accompanies the articles of incorporation.

      3.  For the purposes of this section and NRS 80.012, a proposed name is not distinguishable from a name on file or reserved solely because one or the other names contains distinctive lettering, a distinctive mark, a trademark or trade name, or any combination thereof.

 


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      4.  The name of a foreign corporation whose charter has been revoked, which has merged and is not the surviving entity or whose existence has otherwise terminated is available for use by any other artificial person.

      5.  The Secretary of State shall not accept for filing the records required by subsection 1 or NRS 80.110 for any foreign corporation if the name of the corporation contains the words “engineer,” “engineered,” “engineering,” “professional engineer,” “registered engineer” or “licensed engineer” unless the State Board of Professional Engineers and Land Surveyors certifies that:

      (a) The principals of the corporation are licensed to practice engineering pursuant to the laws of this State; or

      (b) The corporation is exempt from the prohibitions of NRS 625.520.

      6.  The Secretary of State shall not accept for filing the records required by subsection 1 or NRS 80.110 for any foreign corporation if the name of the corporation contains the words “architect,” “architecture,” “registered architect,” “licensed architect,” “registered interior designer,” “registered interior design,” “residential designer,” “registered residential designer,” “licensed residential designer” or “residential design” unless the State Board of Architecture, Interior Design and Residential Design certifies that:

      (a) The principals of the corporation are holders of a certificate of registration to practice architecture or residential design or to practice as a registered interior designer, as applicable, pursuant to the laws of this State; or

      (b) The corporation is qualified to do business in this State pursuant to NRS 623.349.

      7.  The Secretary of State shall not accept for filing the records required by subsection 1 or NRS 80.110 for any foreign corporation if it appears from the records that the business to be carried on by the corporation is subject to supervision by the Commissioner of Financial Institutions, unless the Commissioner certifies that:

      (a) The corporation has obtained the authority required to do business in this State; or

      (b) The corporation is not subject to or is exempt from the requirements for obtaining such authority.

      8.  The Secretary of State shall not accept for filing the records required by subsection 1 or NRS 80.110 for any foreign corporation if the name of the corporation contains the word “accountant,” “accounting,” “accountancy,” “auditor” or “auditing” unless the Nevada State Board of Accountancy certifies that the foreign corporation:

      (a) Is registered pursuant to the provisions of chapter 628 of NRS; or

      (b) Has filed with the Nevada State Board of Accountancy under penalty of perjury a written statement that the foreign corporation is not engaged in the practice of accounting and is not offering to practice accounting in this State.

      9.  The Secretary of State may adopt regulations that interpret the requirements of [this section.] subsections 1 to 8, inclusive.

      10.  A person shall not file the records required by subsection 1 for any illegal purpose or with the fraudulent intent to conceal any business activity, or lack thereof, from another person or a governmental agency.

 


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      Sec. 18. NRS 80.055 is hereby amended to read as follows:

      80.055  1.  Every corporation which willfully fails or neglects to comply with the provisions of NRS 80.010 to 80.040, inclusive, is subject to a fine of not less than $1,000 but not more than $10,000, to be recovered in a court of competent jurisdiction.

      2.  Except as otherwise provided in subsection 3, every corporation which fails or neglects to comply with the provisions of NRS 80.010 to 80.040, inclusive, may not commence or maintain any action or proceeding in any court of this State until it has fully complied with the provisions of NRS 80.010 to 80.040, inclusive.

      3.  An action or proceeding may be commenced by such a corporation if an extraordinary remedy available pursuant to chapter 31 of NRS is all or part of the relief sought. Such an action or proceeding must be dismissed without prejudice if the corporation does not comply with the provisions of NRS 80.010 to 80.040, inclusive, within 45 days after the action or proceeding is commenced.

      4.  When the Secretary of State is advised that a corporation is doing business in contravention of NRS 80.010 to 80.040, inclusive, the Secretary of State may, as soon as practicable, [instruct] refer the matter to the district attorney of the county where the corporation has its principal place of business or the Attorney General, or both, for a determination of whether to institute proceedings to recover any applicable fine provided for in this section. The district attorney of the county where the corporation has its principal place of business or the Attorney General may institute and prosecute the appropriate proceedings to recover the fine. If the district attorney or the Attorney General prevails in a proceeding to recover the fine described in subsection 1, the district attorney or the Attorney General is entitled to recover the costs of the proceeding, including, without limitation, the cost of any investigation and reasonable attorney’s fees.

      5.  In the course of an investigation of a violation of this section, the Secretary of State may require a corporation to answer any interrogatory submitted by the Secretary of State that will assist in the investigation.

      6.  The failure of a corporation to comply with the provisions of NRS 80.010 to 80.040, inclusive, does not impair the validity of any contract or act of the corporation, or prevent the corporation from defending any action, suit or proceeding in any court of this State.

      [6.]7.  The Secretary of State may adopt regulations to administer the provisions of this section.

      Sec. 18.5. NRS 80.070 is hereby amended to read as follows:

      80.070  1.  If a registered agent resigns pursuant to NRS 77.370 or if a commercial registered agent terminates its [listing] registration as a commercial registered agent pursuant to NRS 77.330, the corporation, before the effective date of the resignation or termination, shall file with the Secretary of State a statement of change of registered agent pursuant to NRS 77.340.

      2.  A corporation that fails to comply with subsection 1 shall be deemed in default and is subject to the provisions of NRS 80.150 and 80.160.

      3.  As used in this section, “commercial registered agent” has the meaning ascribed to it in NRS 77.040.

      Sec. 19. NRS 80.110 is hereby amended to read as follows:

      80.110  1.  Each foreign corporation doing business in this State shall, on or before the last day of the first month after the filing [of its certificate of corporate existence] with the Secretary of State [,] the information required by NRS 80.010 or, if the foreign corporation has selected an alternative due date pursuant to subsection 9, on or before that alternative due date, and annually thereafter on or before the last day of the month in which the anniversary date of its qualification to do business in this State occurs in each year [,] or, if applicable, on or before the last day of the month in which the anniversary date of the alternative due date occurs in each year, file with the Secretary of State a list, on a form furnished by the Secretary of State, that contains:

 


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ê2013 Statutes of Nevada, Page 847 (Chapter 221, SB 60)ê

 

corporate existence] with the Secretary of State [,] the information required by NRS 80.010 or, if the foreign corporation has selected an alternative due date pursuant to subsection 9, on or before that alternative due date, and annually thereafter on or before the last day of the month in which the anniversary date of its qualification to do business in this State occurs in each year [,] or, if applicable, on or before the last day of the month in which the anniversary date of the alternative due date occurs in each year, file with the Secretary of State a list, on a form furnished by the Secretary of State, that contains:

      (a) The names and addresses, either residence or business, of its president, secretary and treasurer, or the equivalent thereof, and all of its directors; and

      (b) [The information required pursuant to NRS 77.310; and

      (c)] The signature of an officer of the corporation [.] or some other person specifically authorized by the corporation to sign the list.

      2.  Each list filed pursuant to subsection 1 must be accompanied by:

      (a) A declaration under penalty of perjury that [the] :

             (1) The foreign corporation has complied with the provisions of chapter 76 of NRS [and which] ;

             (2) The foreign corporation acknowledges that pursuant to NRS 239.330, it is a category C felony to knowingly offer any false or forged instrument for filing with the Office of the Secretary of State [.] ; and

             (3) None of the officers or directors identified in the list has been identified in the list with the fraudulent intent of concealing the identity of any person or persons exercising the power or authority of an officer or director in furtherance of any unlawful conduct.

      (b) A statement as to whether the foreign corporation is a publicly traded company. If the corporation is a publicly traded company, the corporation must list its Central Index Key. The Secretary of State shall include on the Secretary of State’s Internet website the Central Index Key of a corporation provided pursuant to this subsection and instructions describing the manner in which a member of the public may obtain information concerning the corporation from the Securities and Exchange Commission.

      3.  Upon filing:

      (a) The initial list required by subsection 1, the corporation shall pay to the Secretary of State a fee of $125.

      (b) Each annual list required by subsection 1, the corporation shall pay to the Secretary of State, if the amount represented by the total number of shares provided for in the articles is:

 

$75,000 or less........................................................................................... $125

Over $75,000 and not over $200,000........................................................ 175

Over $200,000 and not over $500,000...................................................... 275

Over $500,000 and not over $1,000,000................................................... 375

Over $1,000,000:

       For the first $1,000,000........................................................................ 375

       For each additional $500,000 or fraction thereof............................. 275

Ê The maximum fee which may be charged pursuant to paragraph (b) for filing the annual list is $11,100.

 


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      4.  If a director or officer of a corporation resigns and the resignation is not reflected on the annual or amended list of directors and officers, the corporation or the resigning director or officer shall pay to the Secretary of State a fee of $75 to file the resignation.

      5.  The Secretary of State shall, 90 days before the last day for filing each annual list required by subsection 1, provide to each corporation which is required to comply with the provisions of NRS 80.110 to 80.175, inclusive, and which has not become delinquent, a notice of the fee due pursuant to subsection 3 and a reminder to file the list pursuant to subsection 1. Failure of any corporation to receive a notice does not excuse it from the penalty imposed by the provisions of NRS 80.110 to 80.175, inclusive.

      6.  An annual list for a corporation not in default which is received by the Secretary of State more than 90 days before its due date shall be deemed an amended list for the previous year and does not satisfy the requirements of subsection 1 for the year to which the due date is applicable.

      7.  A person who files with the Secretary of State a list required by subsection 1 which identifies an officer or director with the fraudulent intent of concealing the identity of any person or persons exercising the power or authority of an officer or director in furtherance of any unlawful conduct is subject to the penalty set forth in NRS 225.084.

      8.  For the purposes of this section, a stockholder is not deemed to exercise actual control of the daily operations of a corporation based solely on the fact that the stockholder has voting control of the corporation.

      9.  The Secretary of State may allow a foreign corporation to select an alternative due date for filing the initial list required by subsection 1.

      10.  The Secretary of State may adopt regulations to administer the provisions of subsection 9.

      Sec. 20. NRS 80.170 is hereby amended to read as follows:

      80.170  1.  Except as otherwise provided in subsections 3 and 4 or NRS 80.113, the Secretary of State shall reinstate a corporation which has forfeited or which forfeits its right to transact business under the provisions of this chapter and shall restore to the corporation its right to transact business in this State, and to exercise its corporate privileges and immunities, if it:

      (a) Files with the Secretary of State:

             (1) The list as provided in NRS 80.110 and 80.140;

             (2) The statement required by NRS 80.115, if applicable; [and]

             (3) The information required pursuant to NRS 77.310; and

             (4) A declaration under penalty of perjury, on a form provided by the Secretary of State, that the reinstatement is authorized by a court of competent jurisdiction in this State or by the duly elected board of directors of the foreign corporation or, if the foreign corporation does not have a board of directors, the equivalent of such a board; and

      (b) Pays to the Secretary of State:

             (1) The filing fee and penalty set forth in NRS 80.110 and 80.150 for each year or portion thereof that its right to transact business was forfeited;

             (2) The fee set forth in NRS 80.115, if applicable; and

             (3) A fee of $300 for reinstatement.

      2.  When the Secretary of State reinstates the corporation, the Secretary of State shall issue to the corporation a certificate of reinstatement if the corporation:

 


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      (a) Requests a certificate of reinstatement; and

      (b) Pays the required fees pursuant to subsection 7 of NRS 78.785.

      3.  The Secretary of State shall not order a reinstatement unless all delinquent fees and penalties have been paid and the revocation of the right to transact business occurred only by reason of failure to pay the fees and penalties.

      4.  If the right of a corporation to transact business in this State has been forfeited pursuant to the provisions of this chapter and has remained forfeited for a period of 5 consecutive years, the right is not subject to reinstatement.

      5.  Except as otherwise provided in NRS 80.175, a reinstatement pursuant to this section relates back to the date on which the corporation forfeited its right to transact business under the provisions of this chapter and reinstates the corporation’s right to transact business as if such right had at all times remained in full force and effect.

      Sec. 21. Chapter 81 of NRS is hereby amended by adding thereto a new section to read as follows:

      A person shall not form an entity pursuant to this chapter for any illegal purpose or with the fraudulent intent to conceal any business activity, or lack thereof, from another person or a governmental agency.

      Sec. 22. NRS 81.006 is hereby amended to read as follows:

      81.006  1.  A nonprofit cooperative corporation, a cooperative association, a charitable organization or any other entity formed under the provisions of this chapter may correct a record filed with the Secretary of State with respect to the entity if the record contains an inaccurate description of an action or if the record was defectively signed, attested, sealed, verified or acknowledged.

      2.  To correct a record, the entity must:

      (a) Prepare a certificate of correction which:

             (1) States the name of the entity;

             (2) Describes the record, including, without limitation, its filing date;

             (3) Specifies the inaccuracy or defect;

             (4) Sets forth the inaccurate or defective portion of the record in an accurate or corrected form; and

             (5) Is signed by an officer of the entity or, if the certificate is filed before the first meeting of the board of directors, by an incorporator or director [.] , or by some other person specifically authorized by the entity to sign the certificate.

      (b) Deliver the certificate to the Secretary of State for filing.

      (c) Pay a filing fee of $25 to the Secretary of State.

      3.  A certificate of correction is effective on the effective date of the record it corrects except as to persons relying on the uncorrected record and adversely affected by the correction. As to those persons, the certificate is effective when filed.

      4.  If a nonprofit cooperative corporation, a cooperative association, a charitable organization or any other entity formed under the provisions of this chapter has made a filing with the Secretary of State and the Secretary of State has not processed the filing and placed the filing into the public record, the nonprofit cooperative corporation, cooperative association, charitable organization or other entity may cancel the filing by:

      (a) Filing a statement of cancellation with the Secretary of State; and

      (b) Paying a fee of $50.

 


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      Sec. 23. NRS 82.081 is hereby amended to read as follows:

      82.081  1.  One or more natural persons may associate to establish a corporation no part of the income or profit of which is distributable to its members, directors or officers, except as otherwise provided in this chapter, for the transaction of any lawful business, or to promote or conduct any legitimate object or purpose, pursuant and subject to the requirements of this chapter, by signing and filing in the Office of the Secretary of State articles of incorporation. A person shall not establish a corporation pursuant to this chapter for any illegal purpose or with the fraudulent intent to conceal any business activity, or lack thereof, from another person or a governmental agency.

      2.  The Secretary of State shall require articles of incorporation to be in the form prescribed by NRS 82.086. If any articles are defective in this respect, the Secretary of State shall return them for correction.

      Sec. 24. NRS 82.523 is hereby amended to read as follows:

      82.523  1.  Each foreign nonprofit corporation doing business in this State shall, on or before the last day of the first month after the filing of its application for registration as a foreign nonprofit corporation with the Secretary of State [,] or, if the foreign nonprofit corporation has selected an alternative due date pursuant to subsection 9, on or before that alternative due date, and annually thereafter on or before the last day of the month in which the anniversary date of its qualification to do business in this State occurs in each year [,] or, if applicable, on or before the last day of the month in which the anniversary date of the alternative due date occurs in each year, file with the Secretary of State a list, on a form furnished by the Secretary of State, that contains:

      (a) The name of the foreign nonprofit corporation;

      (b) The file number of the foreign nonprofit corporation, if known;

      (c) The names and titles of the president, the secretary and the treasurer, or the equivalent thereof, and all the directors of the foreign nonprofit corporation;

      (d) The address, either residence or business, of the president, secretary and treasurer, or the equivalent thereof, and each director of the foreign nonprofit corporation; and

      (e) [The information required pursuant to NRS 77.310; and

      (f)] The signature of an officer of the foreign nonprofit corporation , or some other person specifically authorized by the foreign nonprofit corporation to sign the list, certifying that the list is true, complete and accurate.

      2.  Each list filed pursuant to this section must be accompanied by a declaration under penalty of perjury that : [the foreign nonprofit corporation:]

      (a) [Has] The foreign nonprofit corporation has complied with the provisions of chapter 76 of NRS; [and]

      (b) [Acknowledges] The foreign nonprofit corporation acknowledges that pursuant to NRS 239.330, it is a category C felony to knowingly offer any false or forged instrument for filing with the Office of the Secretary of State [.] ; and

      (c) None of the officers or directors identified in the list has been identified in the list with the fraudulent intent of concealing the identity of any person or persons exercising the power or authority of an officer or director in furtherance of any unlawful conduct.

 


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      3.  Upon filing the initial list and each annual list pursuant to this section, the foreign nonprofit corporation must pay to the Secretary of State a fee of $25.

      4.  The Secretary of State shall, 60 days before the last day for filing each annual list, provide to each foreign nonprofit corporation which is required to comply with the provisions of NRS 82.523 to 82.5239, inclusive, and which has not become delinquent, a notice of the fee due pursuant to subsection 3 and a reminder to file the list required pursuant to subsection 1. Failure of any foreign nonprofit corporation to receive a notice does not excuse it from the penalty imposed by the provisions of NRS 82.523 to 82.5239, inclusive.

      5.  If the list to be filed pursuant to the provisions of subsection 1 is defective or the fee required by subsection 3 is not paid, the Secretary of State may return the list for correction or payment.

      6.  An annual list for a foreign nonprofit corporation not in default that is received by the Secretary of State more than 90 days before its due date shall be deemed an amended list for the previous year and does not satisfy the requirements of subsection 1 for the year to which the due date is applicable.

      7.  A person who files with the Secretary of State a list pursuant to this section which identifies an officer or director with the fraudulent intent of concealing the identity of any person or persons exercising the power or authority of an officer or director in furtherance of any unlawful conduct is subject to the penalty set forth in NRS 225.084.

      8.  For the purposes of this section, a member of a foreign nonprofit corporation is not deemed to exercise actual control of the daily operations of the foreign nonprofit corporation based solely on the fact that the member has voting control of the foreign nonprofit corporation.

      9.  The Secretary of State may allow a foreign nonprofit corporation to select an alternative due date for filing the initial list required by this section.

      10.  The Secretary of State may adopt regulations to administer the provisions of subsection 9.

      Sec. 25. NRS 82.5234 is hereby amended to read as follows:

      82.5234  1.  Every foreign nonprofit corporation which is doing business in this State and which willfully fails or neglects to qualify to do business in this State in accordance with the laws of this State is subject to a fine of not less than $1,000 but not more than $10,000, to be recovered in a court of competent jurisdiction.

      2.  Except as otherwise provided in subsection 3, every foreign nonprofit corporation which is doing business in this State and which fails or neglects to qualify to do business in this State in accordance with the laws of this State may not commence or maintain any action or proceeding in any court of this State until it has qualified to do business in this State.

      3.  An action or proceeding may be commenced by such a corporation if an extraordinary remedy available pursuant to chapter 31 of NRS is all or part of the relief sought. Such an action or proceeding must be dismissed without prejudice if the corporation does not qualify to do business in this State within 45 days after the action or proceeding is commenced.

      4.  When the Secretary of State is advised that a foreign nonprofit corporation is subject to the fine described in subsection 1, the Secretary of State may, as soon as practicable, [instruct] refer the matter to the district attorney of the county where the foreign nonprofit corporation has its principal place of business or the Attorney General, or both, for a determination of whether to institute proceedings to recover the fine.

 


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attorney of the county where the foreign nonprofit corporation has its principal place of business or the Attorney General, or both, for a determination of whether to institute proceedings to recover the fine. The district attorney of the county where the foreign nonprofit corporation has its principal place of business or the Attorney General may institute and prosecute the appropriate proceedings to recover the fine. If the district attorney or the Attorney General prevails in a proceeding to recover the fine described in subsection 1, the district attorney or the Attorney General is entitled to recover the costs of the proceeding, including, without limitation, the cost of any investigation and reasonable attorney’s fees.

      5.  In the course of an investigation of a violation of this section, the Secretary of State may require a foreign nonprofit corporation to answer any interrogatory submitted by the Secretary of State that will assist in the investigation.

      6.  The failure of a foreign nonprofit corporation to qualify to do business in this State in accordance with the laws of this State does not impair the validity of any contract or act of the corporation, or prevent the corporation from defending any action, suit or proceeding in any court of this State.

      [6.]7.  The Secretary of State may adopt regulations to administer the provisions of this section.

      Sec. 26. NRS 82.5237 is hereby amended to read as follows:

      82.5237  1.  Except as otherwise provided in subsections 3 and 4 and NRS 82.183, the Secretary of State shall reinstate a foreign nonprofit corporation which has forfeited or which forfeits its right to transact business pursuant to the provisions of NRS 82.523 to 82.5239, inclusive, and restore to the foreign nonprofit corporation its right to transact business in this State, and to exercise its corporate privileges and immunities, if it:

      (a) Files with the Secretary of State [a] :

             (1) A list as provided in NRS 82.523; and

             (2) A declaration under penalty of perjury, on a form provided by the Secretary of State, that the reinstatement is authorized by a court of competent jurisdiction in this State or by the duly elected board of directors of the foreign nonprofit corporation or, if the foreign nonprofit corporation does not have a board of directors, the equivalent of such a board; and

      (b) Pays to the Secretary of State:

             (1) The filing fee and penalty set forth in NRS 82.523 and 82.5235 for each year or portion thereof that its right to transact business was forfeited; and

             (2) A fee of $100 for reinstatement.

      2.  When the Secretary of State reinstates the foreign nonprofit corporation, the Secretary of State shall issue to the foreign nonprofit corporation a certificate of reinstatement if the foreign nonprofit corporation:

      (a) Requests a certificate of reinstatement; and

      (b) Pays the fees as provided in subsection 7 of NRS 78.785.

      3.  The Secretary of State shall not order a reinstatement unless all delinquent fees and penalties have been paid and the revocation of the right to transact business occurred only by reason of failure to pay the fees and penalties.

 


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      4.  If the right of a foreign nonprofit corporation to transact business in this State has been forfeited pursuant to the provisions of this chapter and has remained forfeited for a period of 5 consecutive years, the right to transact business must not be reinstated.

      5.  Except as otherwise provided in NRS 82.5239, a reinstatement pursuant to this section relates back to the date on which the foreign nonprofit corporation forfeited its right to transact business under the provisions of this chapter and reinstates the foreign nonprofit corporation’s right to transact business as if such right had at all times remained in full force and effect.

      Sec. 27. NRS 82.534 is hereby amended to read as follows:

      82.534  1.  A corporation may correct a record filed in the Office of the Secretary of State with respect to the corporation if the record contains an inaccurate description of a corporate action or if the record was defectively signed, attested, sealed, verified or acknowledged.

      2.  To correct a record, the corporation must:

      (a) Prepare a certificate of correction which:

             (1) States the name of the corporation;

             (2) Describes the record, including, without limitation, its filing date;

             (3) Specifies the inaccuracy or defect;

             (4) Sets forth the inaccurate or defective portion of the record in an accurate or corrected form; and

             (5) Is signed by an officer of the corporation or, if the certificate is filed before the first meeting of the board of directors, by an incorporator or director [.] , or by some other person specifically authorized by the corporation to sign the certificate.

      (b) Deliver the certificate to the Secretary of State for filing.

      (c) Pay a filing fee of $25 to the Secretary of State.

      3.  A certificate of correction is effective on the effective date of the record it corrects except as to persons relying on the uncorrected record and adversely affected by the correction. As to those persons, the certificate is effective when filed.

      4.  If a corporation has made a filing with the Secretary of State and the Secretary of State has not processed the filing and placed the filing into the public record, the corporation may cancel the filing by:

      (a) Filing a statement of cancellation with the Secretary of State; and

      (b) Paying a fee of $50.

      Sec. 28. NRS 82.546 is hereby amended to read as follows:

      82.546  1.  Except as otherwise provided in NRS 82.183, any corporation which did exist or is existing pursuant to the laws of this State may, upon complying with the provisions of NRS 78.150 and 82.193, procure a renewal or revival of its charter for any period, together with all the rights, franchises, privileges and immunities, and subject to all its existing and preexisting debts, duties and liabilities secured or imposed by its original charter and amendments thereto, or its existing charter, by filing:

      (a) A certificate with the Secretary of State, which must set forth:

             (1) The name of the corporation, which must be the name of the corporation at the time of the renewal or revival, or its name at the time its original charter expired.

             (2) The information required pursuant to NRS 77.310.

 


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             (3) The date when the renewal or revival of the charter is to commence or be effective, which may be, in cases of a revival, before the date of the certificate.

             (4) Whether or not the renewal or revival is to be perpetual, and, if not perpetual, the time for which the renewal or revival is to continue.

             (5) That the corporation desiring to renew or revive its charter is, or has been, organized and carrying on the business authorized by its existing or original charter and amendments thereto, and desires to renew or continue through revival its existence pursuant to and subject to the provisions of this chapter.

      (b) A list of its president, secretary and treasurer and all of its directors and their mailing or street addresses, either residence or business.

      (c) A declaration under penalty of perjury, on a form provided by the Secretary of State, that the renewal or revival is authorized by a court of competent jurisdiction in this State or by the duly elected board of directors of the corporation or, if the corporation does not have a board of directors, the equivalent of such a board.

      2.  A corporation whose charter has not expired and is being renewed shall cause the certificate to be signed by an officer of the corporation. The certificate must be approved by a majority of the last-appointed surviving directors.

      3.  A corporation seeking to revive its original or amended charter shall cause the certificate to be signed by its president or vice president and secretary or assistant secretary. The signing and filing of the certificate must be approved unanimously by the last-appointed surviving directors of the corporation and must contain a recital that unanimous consent was secured. The corporation shall pay to the Secretary of State the fee required to establish a new corporation pursuant to the provisions of this chapter.

      4.  The filed certificate, or a copy thereof which has been certified under the hand and seal of the Secretary of State, must be received in all courts and places as prima facie evidence of the facts therein stated and of the existence and incorporation of the corporation named therein.

      5.  Except as otherwise provided in NRS 78.185, a renewal or revival pursuant to this section relates back to the date on which the corporation’s charter expired or was revoked and renews or revives the corporation’s charter and right to transact business as if such right had at all times remained in full force and effect.

      Sec. 29. NRS 84.009 is hereby amended to read as follows:

      84.009  1.  A corporation sole may correct a record filed with the Office of the Secretary of State with respect to the corporation sole if the record contains an inaccurate description of an action of the corporation sole or if the record was defectively signed, attested, sealed, verified or acknowledged.

      2.  To correct a record, the corporation sole must:

      (a) Prepare a certificate of correction which:

             (1) States the name of the corporation sole;

             (2) Describes the record, including, without limitation, its filing date;

             (3) Specifies the inaccuracy or defect;

             (4) Sets forth the inaccurate or defective portion of the record in an accurate or corrected form; and

             (5) Is signed by an archbishop, bishop, president, trustee in trust, president of stake, president of congregation, overseer, presiding elder, district superintendent or other presiding officer or member of the clergy of a church, religious society or denomination, who has been chosen, elected or appointed in conformity with the constitution, canons, rites, regulations or discipline of the church, religious society or denomination, and in whom is vested the legal title to the property held for the purpose, use or benefit of the church or religious society or denomination [.]

 


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district superintendent or other presiding officer or member of the clergy of a church, religious society or denomination, who has been chosen, elected or appointed in conformity with the constitution, canons, rites, regulations or discipline of the church, religious society or denomination, and in whom is vested the legal title to the property held for the purpose, use or benefit of the church or religious society or denomination [.] or by some other person specifically authorized by the corporation sole to sign the certificate of correction.

      (b) Deliver the certificate to the Secretary of State for filing.

      (c) Pay a filing fee of $25 to the Secretary of State.

      3.  A certificate of correction is effective on the effective date of the record it corrects except as to persons relying on the uncorrected record and adversely affected by the correction. As to those persons, the certificate is effective when filed.

      4.  If a corporation sole has made a filing with the Secretary of State and the Secretary of State has not processed the filing and placed the filing into the public record, the corporation sole may cancel the filing by:

      (a) Filing a statement of cancellation with the Secretary of State; and

      (b) Paying a fee of $50.

      Sec. 29.5. NRS 84.120 is hereby amended to read as follows:

      84.120  1.  If a registered agent resigns pursuant to NRS 77.370 or if a commercial registered agent terminates its [listing] registration as a commercial registered agent pursuant to NRS 77.330, the corporation sole, before the effective date of the resignation or termination, shall file with the Secretary of State a statement of change of registered agent pursuant to NRS 77.340.

      2.  A corporation sole that fails to comply with subsection 1 shall be deemed in default and is subject to the provisions of NRS 84.130 and 84.140.

      3.  As used in this section, “commercial registered agent” has the meaning ascribed to it in NRS 77.040.

      Sec. 30. NRS 84.150 is hereby amended to read as follows:

      84.150  1.  Except as otherwise provided in subsections 3 and 4, the Secretary of State shall reinstate any corporation sole which has forfeited its right to transact business under the provisions of this chapter and restore the right to carry on business in this State and exercise its corporate privileges and immunities, if it:

      (a) Files with the Secretary of State [the] :

             (1) The information required pursuant to NRS 77.310; and

             (2) A declaration under penalty of perjury, on a form provided by the Secretary of State, that the reinstatement is authorized by a court of competent jurisdiction in this State or by the archbishop, bishop, president, trustee in trust, president of stake, president of congregation, overseer, presiding elder, district superintendent, other presiding officer or member of the clergy of a church or religious society or denomination, who has been chosen, elected or appointed in conformity with the constitution, canons, rites, regulations or discipline of the church or religious society or denomination, and in whom is vested the legal title to property held for the purposes, use or benefit of the church or religious society or denomination; and

      (b) Pays to the Secretary of State:

             (1) The filing fees and penalties set forth in this chapter for each year or portion thereof during which its charter has been revoked; and

 


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             (2) A fee of $25 for reinstatement.

      2.  When the Secretary of State reinstates the corporation to its former rights, the Secretary of State shall:

      (a) Immediately issue and deliver to the corporation a certificate of reinstatement authorizing it to transact business, as if the fees had been paid when due; and

      (b) Upon demand, issue to the corporation a certified copy of the certificate of reinstatement.

      3.  The Secretary of State shall not order a reinstatement unless all delinquent fees and penalties have been paid, and the revocation of its charter occurred only by reason of its failure to pay the fees and penalties.

      4.  If a corporate charter has been revoked pursuant to the provisions of this chapter and has remained revoked for 10 consecutive years, the charter must not be reinstated.

      5.  A reinstatement pursuant to this section relates back to the date on which the corporation forfeited its right to transact business under the provisions of this chapter and reinstates the corporation’s right to transact business as if such right had at all times remained in full force and effect.

      Sec. 31. NRS 86.141 is hereby amended to read as follows:

      86.141  1.  Except as otherwise provided in subsection 2, a limited-liability company may be organized under this chapter for any lawful purpose. A person shall not organize a limited-liability company for any illegal purpose or with the fraudulent intent to conceal any business activity, or lack thereof, from another person or a governmental agency.

      2.  A limited-liability company may not be organized for the purpose of insurance unless approved to do so by the Commissioner of Insurance.

      Sec. 32. NRS 86.213 is hereby amended to read as follows:

      86.213  1.  Every person, other than a foreign limited-liability company, who is purporting to do business in this State as a limited-liability company and who willfully fails or neglects to file with the Secretary of State articles of organization is subject to a fine of not less than $1,000 but not more than $10,000, to be recovered in a court of competent jurisdiction.

      2.  When the Secretary of State is advised that a person is subject to the fine described in subsection 1, the Secretary of State may, as soon as practicable, [instruct] refer the matter to the district attorney of the county in which the person’s principal place of business is located or the Attorney General, or both, for a determination of whether to institute proceedings to recover the fine. The district attorney of the county in which the person’s principal place of business is located or the Attorney General may institute and prosecute the appropriate proceedings to recover the fine. If the district attorney or the Attorney General prevails in a proceeding to recover the fine described in subsection 1, the district attorney or the Attorney General is entitled to recover the costs of the proceeding, including, without limitation, the cost of any investigation and reasonable attorney’s fees.

      3.  In the course of an investigation of a violation of this section, the Secretary of State may require a person to answer any interrogatory submitted by the Secretary of State that will assist in the investigation.

      4.  The Secretary of State may adopt regulations to administer the provisions of this section.

      Sec. 32.5. NRS 86.251 is hereby amended to read as follows:

      86.251  1.  If a registered agent resigns pursuant to NRS 77.370 or if a commercial registered agent terminates its [listing] registration as a commercial registered agent pursuant to NRS 77.330, the limited-liability company, before the effective date of the resignation or termination, shall file with the Secretary of State a statement of change of registered agent pursuant to NRS 77.340.

 


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ê2013 Statutes of Nevada, Page 857 (Chapter 221, SB 60)ê

 

commercial registered agent pursuant to NRS 77.330, the limited-liability company, before the effective date of the resignation or termination, shall file with the Secretary of State a statement of change of registered agent pursuant to NRS 77.340.

      2.  Each limited-liability company which fails to comply with subsection 1 shall be deemed in default and is subject to the provisions of NRS 86.272 and 86.274.

      3.  As used in this section, “commercial registered agent” has the meaning ascribed to it in NRS 77.040.

      Sec. 33. NRS 86.263 is hereby amended to read as follows:

      86.263  1.  A limited-liability company shall, on or before the last day of the first month after the filing of its articles of organization with the Secretary of State [,] or, if the limited-liability company has selected an alternative due date pursuant to subsection 11, on or before that alternative due date, file with the Secretary of State, on a form furnished by the Secretary of State, a list that contains:

      (a) The name of the limited-liability company;

      (b) The file number of the limited-liability company, if known;

      (c) The names and titles of all of its managers or, if there is no manager, all of its managing members;

      (d) The address, either residence or business, of each manager or managing member listed, following the name of the manager or managing member; and

      (e) [The information required pursuant to NRS 77.310; and

      (f)] The signature of a manager or managing member of the limited-liability company , or some other person specifically authorized by the limited-liability company to sign the list, certifying that the list is true, complete and accurate.

      2.  The limited-liability company shall thereafter, on or before the last day of the month in which the anniversary date of its organization occurs [,] or, if, pursuant to subsection 11, the limited-liability company has selected an alternative due date for filing the list required by subsection 1, on or before the last day of the month in which the anniversary date of the alternative due date occurs in each year, file with the Secretary of State, on a form furnished by the Secretary of State, an annual list containing all of the information required in subsection 1.

      3.  Each list required by subsections 1 and 2 must be accompanied by a declaration under penalty of perjury that : [the limited-liability company:]

      (a) [Has] The limited-liability company has complied with the provisions of chapter 76 of NRS; [and]

      (b) [Acknowledges] The limited-liability company acknowledges that pursuant to NRS 239.330, it is a category C felony to knowingly offer any false or forged instrument for filing in the Office of the Secretary of State [.] ; and

      (c) None of the managers or managing members identified in the list has been identified in the list with the fraudulent intent of concealing the identity of any person or persons exercising the power or authority of a manager or managing member in furtherance of any unlawful conduct.

      4.  Upon filing:

      (a) The initial list required by subsection 1, the limited-liability company shall pay to the Secretary of State a fee of $125.

 


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      (b) Each annual list required by subsection 2, the limited-liability company shall pay to the Secretary of State a fee of $125.

      5.  If a manager or managing member of a limited-liability company resigns and the resignation is not reflected on the annual or amended list of managers and managing members, the limited-liability company or the resigning manager or managing member shall pay to the Secretary of State a fee of $75 to file the resignation.

      6.  The Secretary of State shall, 90 days before the last day for filing each list required by subsection 2, provide to each limited-liability company which is required to comply with the provisions of this section, and which has not become delinquent, a notice of the fee due under subsection 4 and a reminder to file the list required by subsection 2. Failure of any company to receive a notice does not excuse it from the penalty imposed by law.

      7.  If the list to be filed pursuant to the provisions of subsection 1 or 2 is defective or the fee required by subsection 4 is not paid, the Secretary of State may return the list for correction or payment.

      8.  An annual list for a limited-liability company not in default received by the Secretary of State more than 90 days before its due date shall be deemed an amended list for the previous year.

      9.  A person who files with the Secretary of State a list required by subsection 1 or 2 which identifies a manager or managing member with the fraudulent intent of concealing the identity of any person or persons exercising the power or authority of a manager or managing member in furtherance of any unlawful conduct is subject to the penalty set forth in NRS 225.084.

      10.  For the purposes of this section, a member is not deemed to exercise actual control of the daily operations of a limited-liability company based solely on the fact that the member has voting control of the limited-liability company.

      11.  The Secretary of State may allow a limited-liability company to select an alternative due date for filing the list required by subsection 1.

      12.  The Secretary of State may adopt regulations to administer the provisions of subsection 11.

      Sec. 34. NRS 86.276 is hereby amended to read as follows:

      86.276  1.  Except as otherwise provided in subsections 3 and 4 and NRS 86.246, the Secretary of State shall reinstate any limited-liability company which has forfeited or which forfeits its right to transact business pursuant to the provisions of this chapter and shall restore to the company its right to carry on business in this State, and to exercise its privileges and immunities, if it:

      (a) Files with the Secretary of State:

             (1) The list required by NRS 86.263;

             (2) The statement required by NRS 86.264, if applicable; [and]

             (3) The information required pursuant to NRS 77.310; and

             (4) A declaration under penalty of perjury, on a form provided by the Secretary of State, that the reinstatement is authorized by a court of competent jurisdiction in this State or by the duly selected manager or managers of the limited-liability company or, if there are no managers, its managing members; and

      (b) Pays to the Secretary of State:

 


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             (1) The filing fee and penalty set forth in NRS 86.263 and 86.272 for each year or portion thereof during which it failed to file in a timely manner each required annual list;

             (2) The fee set forth in NRS 86.264, if applicable; and

             (3) A fee of $300 for reinstatement.

      2.  When the Secretary of State reinstates the limited-liability company, the Secretary of State shall issue to the company a certificate of reinstatement if the limited-liability company:

      (a) Requests a certificate of reinstatement; and

      (b) Pays the required fees pursuant to NRS 86.561.

      3.  The Secretary of State shall not order a reinstatement unless all delinquent fees and penalties have been paid, and the revocation of the charter occurred only by reason of failure to pay the fees and penalties.

      4.  If a company’s charter has been revoked pursuant to the provisions of this chapter and has remained revoked for a period of 5 consecutive years, the charter must not be reinstated.

      5.  Except as otherwise provided in NRS 86.278, a reinstatement pursuant to this section relates back to the date on which the company forfeited its right to transact business under the provisions of this chapter and reinstates the company’s right to transact business as if such right had at all times remained in full force and effect.

      Sec. 35. NRS 86.544 is hereby amended to read as follows:

      86.544  1.  Before transacting business in this State, a foreign limited-liability company must register with the Secretary of State. A person shall not register a foreign limited-liability company with the Secretary of State for any illegal purpose or with the fraudulent intent to conceal any business activity, or lack thereof, from another person or a governmental agency.

      2.  In order to register, a foreign limited-liability company must submit to the Secretary of State an application for registration as a foreign limited-liability company, signed by a manager of the company or, if management is not vested in a manager, a member of the company [.] , or by some other person specifically authorized by the foreign limited-liability company to sign the application. The application for registration must set forth:

      [1.](a) The name of the foreign limited-liability company and, if different, the name under which it proposes to register and transact business in this State;

      [2.](b) The [state] jurisdiction and date of its formation;

      [3.](c)A declaration of the existence of the foreign limited-liability company and that the foreign limited-liability company is in good standing in the jurisdiction in which it was formed;

      (d) The information required pursuant to NRS 77.310;

      [4.](e) A statement that the Secretary of State is appointed the agent of the foreign limited-liability company for service of process if the authority of the registered agent has been revoked, or if the registered agent has resigned or cannot be found or served with the exercise of reasonable diligence;

      [5.](f) The address of the office required to be maintained in the state of its organization by the laws of that state or, if not so required, of the principal office of the foreign limited-liability company;

      [6.](g) The name and business address of each manager or, if management is not vested in a manager, each member;

 


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      [7.](h) The address of the office at which is kept a list of the names and addresses of the members and their capital contributions, together with an undertaking by the foreign limited-liability company to keep those records until the registration in this State of the foreign limited-liability company is cancelled or withdrawn; and

      [8.](i) If the foreign limited-liability company has one or more series of members and if the debts or liabilities of a series are enforceable against the assets of that series only and not against the assets of the company generally or another series, a statement to that effect.

      Sec. 36. NRS 86.5461 is hereby amended to read as follows:

      86.5461  1.  Each foreign limited-liability company doing business in this State shall, on or before the last day of the first month after the filing of its application for registration as a foreign limited-liability company with the Secretary of State [,] or, if the foreign limited-liability company has selected an alternative due date pursuant to subsection 10, on or before that alternative due date, and annually thereafter on or before the last day of the month in which the anniversary date of its qualification to do business in this State occurs in each year [,] or, if applicable, on or before the last day of the month in which the anniversary date of the alternative due date occurs in each year, file with the Secretary of State a list on a form furnished by the Secretary of State that contains:

      (a) The name of the foreign limited-liability company;

      (b) The file number of the foreign limited-liability company, if known;

      (c) The names and titles of all its managers or, if there is no manager, all its managing members;

      (d) The address, either residence or business, of each manager or managing member listed pursuant to paragraph (c); and

      (e) [The information required pursuant to NRS 77.310; and

      (f)] The signature of a manager or managing member of the foreign limited-liability company , or some other person specifically authorized by the foreign limited-liability company to sign the list, certifying that the list is true, complete and accurate.

      2.  Each list filed pursuant to this section must be accompanied by a declaration under penalty of perjury that : [the foreign limited-liability company:]

      (a) [Has] The foreign limited-liability company has complied with the provisions of chapter 76 of NRS; [and]

      (b) [Acknowledges] The foreign limited-liability company acknowledges that pursuant to NRS 239.330, it is a category C felony to knowingly offer any false or forged instrument for filing with the Office of the Secretary of State [.] ; and

      (c) None of the managers or managing members identified in the list has been identified in the list with the fraudulent intent of concealing the identity of any person or persons exercising the power or authority of a manager or managing member in furtherance of any unlawful conduct.

      3.  Upon filing:

      (a) The initial list required by this section, the foreign limited-liability company shall pay to the Secretary of State a fee of $125.

      (b) Each annual list required by this section, the foreign limited-liability company shall pay to the Secretary of State a fee of $125.

      4.  If a manager or managing member of a foreign limited-liability company resigns and the resignation is not reflected on the annual or amended list of managers and managing members, the foreign limited-liability company or the resigning manager or managing member shall pay to the Secretary of State a fee of $75 to file the resignation.

 


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amended list of managers and managing members, the foreign limited-liability company or the resigning manager or managing member shall pay to the Secretary of State a fee of $75 to file the resignation.

      5.  The Secretary of State shall, 90 days before the last day for filing each annual list required by this section, provide to each foreign limited-liability company which is required to comply with the provisions of NRS 86.5461 to 86.5468, inclusive, and which has not become delinquent, a notice of the fee due pursuant to subsection 3 and a reminder to file the list required pursuant to subsection 1. Failure of any foreign limited-liability company to receive a notice does not excuse it from the penalty imposed by the provisions of NRS 86.5461 to 86.5468, inclusive.

      6.  If the list to be filed pursuant to the provisions of subsection 1 is defective or the fee required by subsection 3 is not paid, the Secretary of State may return the list for correction or payment.

      7.  An annual list for a foreign limited-liability company not in default which is received by the Secretary of State more than 90 days before its due date shall be deemed an amended list for the previous year and does not satisfy the requirements of this section for the year to which the due date is applicable.

      8.  A person who files with the Secretary of State a list required by this section which identifies a manager or managing member with the fraudulent intent of concealing the identity of any person or persons exercising the power or authority of a manager or managing members in furtherance of any unlawful conduct is subject to the penalty set forth in NRS 225.084.

      9.  For the purposes of this section, a member is not deemed to exercise actual control of the daily operations of a foreign limited-liability company based solely on the fact that the member has voting control of the foreign limited-liability company.

      10.  The Secretary of State may allow a foreign limited-liability company to select an alternative due date for filing the initial list required by this section.

      11.  The Secretary of State may adopt regulations to administer the provisions of subsection 10.

      Sec. 37. NRS 86.5467 is hereby amended to read as follows:

      86.5467  1.  Except as otherwise provided in subsections 3 and 4 and NRS 86.54615, the Secretary of State shall reinstate a foreign limited-liability company which has forfeited or which forfeits its right to transact business under the provisions of this chapter and shall restore to the foreign limited-liability company its right to transact business in this State, and to exercise its privileges and immunities, if it:

      (a) Files with the Secretary of State:

             (1) The list required by NRS 86.5461;

             (2) The statement required by NRS 86.5462, if applicable; [and]

             (3) The information required pursuant to NRS 77.310; and

             (4) A declaration under penalty of perjury, on a form provided by the Secretary of State, that the reinstatement is authorized by a court of competent jurisdiction in this State or by the duly selected manager or managers of the foreign limited-liability company or, if there are no managers, its managing members; and

      (b) Pays to the Secretary of State:

 


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ê2013 Statutes of Nevada, Page 862 (Chapter 221, SB 60)ê

 

             (1) The filing fee and penalty set forth in NRS 86.5461 and 86.5465 for each year or portion thereof that its right to transact business was forfeited;

             (2) The fee set forth in NRS 86.5462, if applicable; and

             (3) A fee of $300 for reinstatement.

      2.  When the Secretary of State reinstates the foreign limited-liability company, the Secretary of State shall issue to the foreign limited-liability company a certificate of reinstatement if the foreign limited-liability company:

      (a) Requests a certificate of reinstatement; and

      (b) Pays the required fees pursuant to NRS 86.561.

      3.  The Secretary of State shall not order a reinstatement unless all delinquent fees and penalties have been paid and the revocation of the right to transact business occurred only by reason of failure to pay the fees and penalties.

      4.  If the right of a foreign limited-liability company to transact business in this State has been forfeited pursuant to the provisions of this chapter and has remained forfeited for a period of 5 consecutive years, the right must not be reinstated.

      5.  Except as otherwise provided in NRS 86.5468, a reinstatement pursuant to this section relates back to the date on which the foreign limited-liability company forfeited its right to transact business under the provisions of this chapter and reinstates the foreign limited-liability company’s right to transact business as if such right had at all times remained in full force and effect.

      Sec. 38. NRS 86.548 is hereby amended to read as follows:

      86.548  1.  Every foreign limited-liability company transacting business in this State which willfully fails or neglects to register with the Secretary of State in accordance with the provisions of NRS 86.544 is subject to a fine of not less than $1,000 but not more than $10,000, to be recovered in a court of competent jurisdiction.

      2.  Every foreign limited-liability company transacting business in this State which fails or neglects to register with the Secretary of State in accordance with the provisions of NRS 86.544 may not commence or maintain any action, suit or proceeding in any court of this State until it has registered with the Secretary of State.

      3.  The failure of a foreign limited-liability company to register with the Secretary of State does not impair the validity of any contract or act of the foreign limited-liability company, or prevent the foreign limited-liability company from defending any action, suit or proceeding in any court of this State.

      4.  When the Secretary of State is advised that a foreign limited-liability company is subject to the fine described in subsection 1, the Secretary of State may, as soon as practicable, [instruct] refer the matter to the district attorney of the county where the foreign limited-liability company has its principal place of business or the Attorney General, or both, for a determination of whether to institute proceedings to recover the fine. The district attorney of the county where the foreign limited-liability company has its principal place of business or the Attorney General may institute and prosecute the appropriate proceedings to recover the fine. If the district attorney or the Attorney General prevails in a proceeding to recover the fine described in subsection 1, the district attorney or the Attorney General is entitled to recover the costs of the proceeding, including, without limitation, the cost of any investigation and reasonable attorney’s fees.

 


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ê2013 Statutes of Nevada, Page 863 (Chapter 221, SB 60)ê

 

entitled to recover the costs of the proceeding, including, without limitation, the cost of any investigation and reasonable attorney’s fees.

      5.  In the course of an investigation of a violation of this section, the Secretary of State may require a foreign limited-liability company to answer any interrogatory submitted by the Secretary of State that will assist in the investigation.

      6.  A foreign limited-liability company, by transacting business in this State without registering with the Secretary of State, appoints the Secretary of State as its agent for service of process with respect to causes of action arising out of the transaction of business in this State by the foreign limited-liability company.

      [6.]7.  The Secretary of State may adopt regulations to administer the provisions of this section.

      Sec. 39. NRS 86.568 is hereby amended to read as follows:

      86.568  1.  A limited-liability company may correct a record filed in the Office of the Secretary of State with respect to the limited-liability company if the record contains an inaccurate description of a company action or was defectively signed, attested, sealed, verified or acknowledged.

      2.  To correct a record, the limited-liability company must:

      (a) Prepare a certificate of correction that:

             (1) States the name of the limited-liability company;

             (2) Describes the record, including, without limitation, its filing date;

             (3) Specifies the inaccuracy or defect;

             (4) Sets forth the inaccurate or defective portion of the record in an accurate or corrected form; and

             (5) Is signed by a manager of the company or, if management is not vested in a manager, by a member of the company [.] , or by some other person specifically authorized by the company to sign the certificate.

      (b) Deliver the certificate to the Secretary of State for filing.

      (c) Pay a filing fee of $175 to the Secretary of State.

      3.  A certificate of correction is effective on the effective date of the record it corrects except as to persons relying on the uncorrected record and adversely affected by the correction. As to those persons, the certificate is effective when filed.

      4.  If a limited-liability company has made a filing with the Secretary of State and the Secretary of State has not processed the filing and placed the filing into the public record, the limited-liability company may cancel the filing by:

      (a) Filing a statement of cancellation with the Secretary of State; and

      (b) Paying a fee of $50.

      Sec. 40. NRS 86.580 is hereby amended to read as follows:

      86.580  1.  Except as otherwise provided in NRS 86.246, a limited-liability company which did exist or is existing pursuant to the laws of this State may, upon complying with the provisions of NRS 86.276, procure a renewal or revival of its charter for any period, together with all the rights, franchises, privileges and immunities, and subject to all its existing and preexisting debts, duties and liabilities secured or imposed by its original charter and amendments thereto, or existing charter, by filing:

      (a) A certificate with the Secretary of State, which must set forth:

             (1) The name of the limited-liability company, which must be the name of the limited-liability company at the time of the renewal or revival, or its name at the time its original charter expired.

 


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             (2) The information required pursuant to NRS 77.310.

             (3) The date when the renewal or revival of the charter is to commence or be effective, which may be, in cases of a revival, before the date of the certificate.

             (4) Whether or not the renewal or revival is to be perpetual, and, if not perpetual, the time for which the renewal or revival is to continue.

             (5) That the limited-liability company desiring to renew or revive its charter is, or has been, organized and carrying on the business authorized by its existing or original charter and amendments thereto, and desires to renew or continue through revival its existence pursuant to and subject to the provisions of this chapter.

      (b) A list of its managers or, if there are no managers, all its managing members and their mailing or street addresses, either residence or business.

      (c) A declaration under penalty of perjury, on a form provided by the Secretary of State, that the renewal or revival is authorized by a court of competent jurisdiction in this State or by the duly selected manager or managers of the limited-liability company or, if there are no managers, its managing members.

      2.  A limited-liability company whose charter has not expired and is being renewed shall cause the certificate to be signed by its manager or, if there is no manager, by a person designated by its members. The certificate must be approved by a majority in interest.

      3.  A limited-liability company seeking to revive its original or amended charter shall cause the certificate to be signed by a person or persons designated or appointed by the members. The signing and filing of the certificate must be approved by the written consent of a majority in interest and must contain a recital that this consent was secured. The limited-liability company shall pay to the Secretary of State the fee required to establish a new limited-liability company pursuant to the provisions of this chapter.

      4.  The filed certificate, or a copy thereof which has been certified under the hand and seal of the Secretary of State, must be received in all courts and places as prima facie evidence of the facts therein stated and of the existence of the limited-liability company therein named.

      5.  Except as otherwise provided in NRS 86.278, a renewal or revival pursuant to this section relates back to the date on which the limited-liability company’s charter expired or was revoked and renews or revives the limited-liability company’s charter and right to transact business as if such right had at all times remained in full force and effect.

      Sec. 41. NRS 87.440 is hereby amended to read as follows:

      87.440  1.  To become a registered limited-liability partnership, a partnership shall file with the Secretary of State a certificate of registration stating each of the following:

      (a) The name of the partnership.

      (b) The street address of its principal office.

      (c) The information required pursuant to NRS 77.310.

      (d) The name and business address of each managing partner in this State.

      (e) That the partnership thereafter will be a registered limited-liability partnership.

      (f) Any other information that the partnership wishes to include.

 


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ê2013 Statutes of Nevada, Page 865 (Chapter 221, SB 60)ê

 

      2.  The certificate of registration must be signed by a majority in interest of the partners or by one or more partners authorized to sign such a certificate.

      3.  The certificate of registration must be accompanied by a fee of $75.

      4.  The Secretary of State shall register as a registered limited-liability partnership any partnership that submits a completed certificate of registration with the required fee. A person shall not register a registered limited-liability partnership for any illegal purpose or with the fraudulent intent to conceal any business activity, or lack thereof, from another person or a governmental agency.

      5.  The registration of a registered limited-liability partnership is effective at the time of the filing of the certificate of registration.

      Sec. 42. NRS 87.445 is hereby amended to read as follows:

      87.445  1.  Every person, other than a foreign registered limited-liability partnership, who is purporting to do business in this State as a registered limited-liability partnership and who willfully fails or neglects to file with the Secretary of State a certificate of registration is subject to a fine of not less than $1,000 but not more than $10,000, to be recovered in a court of competent jurisdiction.

      2.  When the Secretary of State is advised that a person is subject to the fine described in subsection 1, the Secretary of State may, as soon as practicable, [instruct] refer the matter to the district attorney of the county in which the person’s principal place of business is located or the Attorney General, or both, for a determination of whether to institute proceedings to recover the fine. The district attorney of the county in which the person’s principal place of business is located or the Attorney General may institute and prosecute the appropriate proceedings to recover the fine. If the district attorney or the Attorney General prevails in a proceeding to recover the fine described in subsection 1, the district attorney or the Attorney General is entitled to recover the costs of the proceeding, including, without limitation, the cost of any investigation and reasonable attorney’s fees.

      3.  In the course of an investigation of a violation of this section, the Secretary of State may require a registered limited-liability partnership to answer any interrogatory submitted by the Secretary of State that will assist in the investigation.

      4.  The Secretary of State may adopt regulations to administer the provisions of this section.

      Sec. 42.5. NRS 87.500 is hereby amended to read as follows:

      87.500  1.  If a registered agent resigns pursuant to NRS 77.370 or if a commercial registered agent terminates its [listing] registration as a commercial registered agent pursuant to NRS 77.330, the registered limited-liability partnership shall, before the effective date of the resignation or termination, file with the Secretary of State a statement of change of registered agent pursuant to NRS 77.340.

      2.  If a registered limited-liability partnership fails to comply with subsection 1, it is in default and is subject to the provisions of NRS 87.520.

      3.  As used in this section, “commercial registered agent” has the meaning ascribed to it in NRS 77.040.

      Sec. 43. NRS 87.510 is hereby amended to read as follows:

      87.510  1.  A registered limited-liability partnership shall, on or before the last day of the first month after the filing of its certificate of registration with the Secretary of State [,] or, if the registered limited-liability partnership has selected an alternative due date pursuant to subsection 8, on or before that alternative due date, and annually thereafter on or before the last day of the month in which the anniversary date of the filing of its certificate of registration with the Secretary of State occurs [,] or, if applicable, on or before the last day of the month in which the anniversary date of the alternative due date occurs in each year, file with the Secretary of State, on a form furnished by the Secretary of State, a list that contains:

 


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ê2013 Statutes of Nevada, Page 866 (Chapter 221, SB 60)ê

 

partnership has selected an alternative due date pursuant to subsection 8, on or before that alternative due date, and annually thereafter on or before the last day of the month in which the anniversary date of the filing of its certificate of registration with the Secretary of State occurs [,] or, if applicable, on or before the last day of the month in which the anniversary date of the alternative due date occurs in each year, file with the Secretary of State, on a form furnished by the Secretary of State, a list that contains:

      (a) The name of the registered limited-liability partnership;

      (b) The file number of the registered limited-liability partnership, if known;

      (c) The names of all of its managing partners;

      (d) The address, either residence or business, of each managing partner; and

      (e) [The information required pursuant to NRS 77.310; and

      (f)] The signature of a managing partner of the registered limited-liability partnership , or some other person specifically authorized by the registered limited-liability partnership to sign the list, certifying that the list is true, complete and accurate.

Ê Each list filed pursuant to this subsection must be accompanied by a declaration under penalty of perjury that the registered limited-liability partnership has complied with the provisions of chapter 76 of NRS [and which] , that the registered limited-liability partnership acknowledges that pursuant to NRS 239.330, it is a category C felony to knowingly offer any false or forged instrument for filing in the Office of the Secretary of State [.] and that none of the managing partners identified in the list has been identified in the list with the fraudulent intent of concealing the identity of any person or persons exercising the power or authority of a managing partner in furtherance of any unlawful conduct.

      2.  Upon filing:

      (a) The initial list required by subsection 1, the registered limited-liability partnership shall pay to the Secretary of State a fee of $125.

      (b) Each annual list required by subsection 1, the registered limited-liability partnership shall pay to the Secretary of State a fee of $125.

      3.  If a managing partner of a registered limited-liability partnership resigns and the resignation is not reflected on the annual or amended list of managing partners, the registered limited-liability partnership or the resigning managing partner shall pay to the Secretary of State a fee of $75 to file the resignation.

      4.  The Secretary of State shall, at least 90 days before the last day for filing each annual list required by subsection 1, provide to the registered limited-liability partnership a notice of the fee due pursuant to subsection 2 and a reminder to file the annual list required by subsection 1. The failure of any registered limited-liability partnership to receive a notice does not excuse it from complying with the provisions of this section.

      5.  If the list to be filed pursuant to the provisions of subsection 1 is defective, or the fee required by subsection 2 is not paid, the Secretary of State may return the list for correction or payment.

      6.  An annual list that is filed by a registered limited-liability partnership which is not in default more than 90 days before it is due shall be deemed an amended list for the previous year and does not satisfy the requirements of subsection 1 for the year to which the due date is applicable.

 


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      7.  A person who files with the Secretary of State an initial list or annual list required by subsection 1 which identifies a managing partner with the fraudulent intent of concealing the identity of any person or persons exercising the power or authority of a managing partner in furtherance of any unlawful conduct is subject to the penalty set forth in NRS 225.084.

      8.  The Secretary of State may allow a registered limited-liability partnership to select an alternative due date for filing the initial list required by subsection 1.

      9.  The Secretary of State may adopt regulations to administer the provisions of subsection 8.

      Sec. 44. NRS 87.530 is hereby amended to read as follows:

      87.530  1.  Except as otherwise provided in subsection 3 and NRS 87.515, the Secretary of State shall reinstate the certificate of registration of a registered limited-liability partnership that is revoked pursuant to NRS 87.520 if the registered limited-liability partnership:

      (a) Files with the Secretary of State:

             (1) The information required by NRS 87.510; [and]

             (2) The information required pursuant to NRS 77.310; and

             (3) A declaration under penalty of perjury, on a form provided by the Secretary of State, that the reinstatement is authorized by a court of competent jurisdiction in this State or by the duly selected managing partners of the registered limited-liability partnership.

      (b) Pays to the Secretary of State:

             (1) The fee required to be paid pursuant to NRS 87.510;

             (2) Any penalty required to be paid pursuant to NRS 87.520; and

             (3) A reinstatement fee of $300.

      2.  When the Secretary of State reinstates the registered limited-liability partnership, the Secretary of State shall issue to the registered limited-liability partnership a certificate of reinstatement if the registered limited-liability partnership:

      (a) Requests a certificate of reinstatement; and

      (b) Pays the required fees pursuant to NRS 87.550.

      3.  The Secretary of State shall not reinstate the certificate of registration of a registered limited-liability partnership if the certificate was revoked pursuant to the provisions of this chapter at least 5 years before the date of the proposed reinstatement.

      4.  Except as otherwise provided in NRS 87.455, a reinstatement pursuant to this section relates back to the date on which the registered limited-liability partnership’s certificate of registration was revoked and reinstates the registered limited-liability’s certificate of registration as if such certificate had at all times remained in full force and effect.

      Sec. 45. NRS 87.5405 is hereby amended to read as follows:

      87.5405  1.  Every foreign registered limited-liability partnership which is doing business in this State and which willfully fails or neglects to register with the Secretary of State pursuant to NRS 87.440 to 87.500, inclusive, and 87.541 to 87.544, inclusive, is subject to a fine of not less than $1,000 but not more than $10,000, to be recovered in a court of competent jurisdiction.

      2.  Every foreign registered limited-liability partnership which is doing business in this State and which fails or neglects to register with the Secretary of State pursuant to NRS 87.440 to 87.500, inclusive, and 87.541 to 87.544, inclusive, may not commence or maintain any action, suit or proceeding in any court of this State until it has registered with the Secretary of State pursuant to NRS 87.440 to 87.500, inclusive, and 87.541 to 87.544, inclusive.

 


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to 87.544, inclusive, may not commence or maintain any action, suit or proceeding in any court of this State until it has registered with the Secretary of State pursuant to NRS 87.440 to 87.500, inclusive, and 87.541 to 87.544, inclusive.

      3.  The failure of a foreign registered limited-liability partnership to register in this State does not impair the validity of any contract or act of the foreign registered limited-liability partnership, or prevent the foreign registered limited-liability partnership from defending any action, suit or proceeding in any court of this State.

      4.  When the Secretary of State is advised that a foreign registered limited-liability partnership is subject to the fine described in subsection 1, the Secretary of State may, as soon as practicable, [instruct] refer the matter to the district attorney of the county in which the foreign registered limited-liability partnership’s principal place of business is located or the Attorney General, or both, for a determination of whether to institute proceedings to recover the fine. The district attorney of the county in which the foreign registered limited-liability partnership’s principal place of business is located or the Attorney General may institute and prosecute the appropriate proceedings to recover the fine. If the district attorney or the Attorney General prevails in a proceeding to recover the fine described in subsection 1, the district attorney or the Attorney General is entitled to recover the costs of the proceeding, including, without limitation, the cost of any investigation and reasonable attorney’s fees.

      5.  In the course of an investigation of a violation of this section, the Secretary of State may require a foreign registered limited-liability partnership to answer any interrogatory submitted by the Secretary of State that will assist in the investigation.

      6.  A foreign registered limited-liability partnership, by transacting business in this State without registration, appoints the Secretary of State as its agent for service of process with respect to causes of action arising out of the transaction of business in this State by the foreign registered limited-liability partnership.

      [6.]7.  The Secretary of State may adopt regulations to administer the provisions of this section.

      Sec. 46. NRS 87.541 is hereby amended to read as follows:

      87.541  1.  Each foreign registered limited-liability partnership doing business in this State shall, on or before the last day of the first month after the filing of its application for registration as a foreign registered limited-liability partnership with the Secretary of State [,] or, if the foreign registered limited-liability partnership has selected an alternative due date pursuant to subsection 9, on or before that alternative due date, and annually thereafter on or before the last day of the month in which the anniversary date of its qualification to do business in this State occurs in each year [,] or, if applicable, on or before the last day of the month in which the anniversary date of the alternative due date occurs in each year, file with the Secretary of State a list, on a form furnished by the Secretary of State, that contains:

      (a) The name of the foreign registered limited-liability partnership;

      (b) The file number of the foreign registered limited-liability partnership, if known;

      (c) The names of all its managing partners;

 


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      (d) The address, either residence or business, of each managing partner; and

      (e) [The information required pursuant to NRS 77.310; and

      (f)] The signature of a managing partner of the foreign registered limited-liability partnership , or some other person specifically authorized by the foreign registered limited-liability partnership to sign the list, certifying that the list is true, complete and accurate.

      2.  Each list filed pursuant to this section must be accompanied by a declaration under penalty of perjury that : [the foreign registered limited-liability partnership:]

      (a) [Has] The foreign registered limited-liability partnership has complied with the provisions of chapter 76 of NRS; [and]

      (b) [Acknowledges] The foreign registered limited-liability partnership acknowledges that pursuant to NRS 239.330, it is a category C felony to knowingly offer any false or forged instrument for filing in the Office of the Secretary of State [.] ; and

      (c) None of the managing partners identified in the list has been identified in the list with the fraudulent intent of concealing the identity of any person or persons exercising the power or authority of a managing partner in furtherance of any unlawful conduct.

      3.  Upon filing:

      (a) The initial list required by this section, the foreign registered limited-liability partnership shall pay to the Secretary of State a fee of $125.

      (b) Each annual list required by this section, the foreign registered limited-liability partnership shall pay to the Secretary of State a fee of $125.

      4.  If a managing partner of a foreign registered limited-liability partnership resigns and the resignation is not reflected on the annual or amended list of managing partners, the foreign registered limited-liability partnership or the managing partner shall pay to the Secretary of State a fee of $75 to file the resignation.

      5.  The Secretary of State shall, 90 days before the last day for filing each annual list required by subsection 1, provide to each foreign registered limited-liability partnership which is required to comply with the provisions of NRS 87.541 to 87.544, inclusive, and which has not become delinquent, a notice of the fee due pursuant to subsection 3 and a reminder to file the list required pursuant to subsection 1. Failure of any foreign registered limited-liability partnership to receive a notice does not excuse it from the penalty imposed by the provisions of NRS 87.541 to 87.544, inclusive.

      6.  If the list to be filed pursuant to the provisions of subsection 1 is defective or the fee required by subsection 3 is not paid, the Secretary of State may return the list for correction or payment.

      7.  An annual list for a foreign registered limited-liability partnership not in default which is received by the Secretary of State more than 90 days before its due date shall be deemed an amended list for the previous year and does not satisfy the requirements of subsection 1 for the year to which the due date is applicable.

      8.  A person who files with the Secretary of State an initial list or annual list required by subsection 1 which identifies a managing partner with the fraudulent intent of concealing the identity of any person or persons exercising the power and authority of a managing partner in furtherance of any unlawful conduct is subject to the penalty set forth in NRS 225.084.

 


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      9.  The Secretary of State may allow a foreign registered limited-liability partnership to select an alternative due date for filing the initial list required by this section.

      10.  The Secretary of State may adopt regulations to administer the provisions of subsection 9.

      Sec. 47. NRS 87.5435 is hereby amended to read as follows:

      87.5435  1.  Except as otherwise provided in subsections 3 and 4 and NRS 87.5413, the Secretary of State shall reinstate a foreign registered limited-liability partnership which has forfeited or which forfeits its right to transact business under the provisions of this chapter and shall restore to the foreign registered limited-liability partnership its right to transact business in this State, and to exercise its privileges and immunities, if it:

      (a) Files with the Secretary of State:

             (1) The list required by NRS 87.541; [and]

             (2) The information required pursuant to NRS 77.310; and

             (3) A declaration under penalty of perjury, on a form provided by the Secretary of State, that the reinstatement is authorized by a court of competent jurisdiction in this State or by the duly selected managing partners of the foreign registered limited-liability partnership; and

      (b) Pays to the Secretary of State:

             (1) The filing fee and penalty set forth in NRS 87.541 and 87.5425 for each year or portion thereof that its right to transact business was forfeited; and

             (2) A fee of $300 for reinstatement.

      2.  When the Secretary of State reinstates the foreign registered limited-liability partnership, the Secretary of State shall issue to the foreign registered limited-liability partnership a certificate of reinstatement if the foreign registered limited-liability partnership:

      (a) Requests a certificate of reinstatement; and

      (b) Pays the required fees pursuant to NRS 87.550.

      3.  The Secretary of State shall not order a reinstatement unless all delinquent fees and penalties have been paid and the revocation of the right to transact business occurred only by reason of failure to pay the fees and penalties.

      4.  If the right of a foreign registered limited-liability partnership to transact business in this State has been forfeited pursuant to the provisions of this chapter and has remained forfeited for a period of 5 consecutive years, the right to transact business must not be reinstated.

      5.  Except as otherwise provided in NRS 87.544, a reinstatement pursuant to this section relates back to the date on which the foreign registered limited-liability partnership forfeited its right to transact business under the provisions of this chapter and reinstates the foreign registered limited-liability partnership’s right to transact business as if such right had at all times remained in full force and effect.

      Sec. 48. NRS 87.547 is hereby amended to read as follows:

      87.547  1.  A registered limited-liability partnership may correct a record filed in the Office of the Secretary of State with respect to the registered limited-liability partnership if the record contains an inaccurate description of a partnership action or if the record was defectively signed, attested, sealed, verified or acknowledged.

      2.  To correct a record, the registered limited-liability partnership must:

 


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      (a) Prepare a certificate of correction that:

             (1) States the name of the registered limited-liability partnership;

             (2) Describes the record, including, without limitation, its filing date;

             (3) Specifies the inaccuracy or defect;

             (4) Sets forth the inaccurate or defective portion of the record in an accurate or corrected form; and

             (5) Is signed by a managing partner of the registered limited-liability partnership [.] or by some other person specifically authorized by the registered limited-liability partnership to sign the certificate.

      (b) Deliver the certificate to the Secretary of State for filing.

      (c) Pay a filing fee of $175 to the Secretary of State.

      3.  A certificate of correction is effective on the effective date of the record it corrects except as to persons relying on the uncorrected record and adversely affected by the correction. As to those persons, the certificate is effective when filed.

      4.  If a registered limited-liability partnership has made a filing with the Secretary of State and the Secretary of State has not processed the filing and placed the filing into the public record, the registered limited-liability partnership may cancel the filing by:

      (a) Filing a statement of cancellation with the Secretary of State; and

      (b) Paying a fee of $50.

      Sec. 49. NRS 87A.155 is hereby amended to read as follows:

      87A.155  1.  A limited partnership is an entity distinct from its partners. A limited partnership is the same entity regardless of whether the limited partnership has registered as a registered limited-liability limited partnership.

      2.  A limited partnership may be organized under this chapter for any lawful purpose. A person shall not organize a limited partnership for any illegal purpose or with the fraudulent intent to conceal any business activity, or lack thereof, from another person or a governmental agency.

      3.  A limited partnership has a perpetual duration.

      Sec. 49.5. NRS 87A.225 is hereby amended to read as follows:

      87A.225  1.  If a registered agent resigns pursuant to NRS 77.370 or if a commercial registered agent terminates its [listing] registration as a commercial registered agent pursuant to NRS 77.330, the limited partnership, before the effective date of the resignation or termination, shall file with the Secretary of State a statement of change of registered agent pursuant to NRS 77.340.

      2.  Each limited partnership which fails to comply with subsection 1 shall be deemed in default and is subject to the provisions of NRS 87A.300 and 87A.305.

      3.  As used in this section “commercial registered agent” has the meaning ascribed to it in NRS 77.040.

      Sec. 50. NRS 87A.237 is hereby amended to read as follows:

      87A.237  1.  Every person, other than a foreign limited partnership, who is purporting to do business in this State as a limited partnership and who willfully fails or neglects to file with the Secretary of State a certificate of limited partnership is subject to a fine of not less than $1,000 but not more than $10,000, to be recovered in a court of competent jurisdiction.

      2.  When the Secretary of State is advised that a person, other than a foreign limited partnership, is subject to the fine described in subsection 1, the Secretary of State may, as soon as practicable, [instruct] refer the matter to the district attorney of the county in which the person’s principal place of business is located or the Attorney General, or both, for a determination of whether to institute proceedings to recover the fine.

 


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to the district attorney of the county in which the person’s principal place of business is located or the Attorney General, or both, for a determination of whether to institute proceedings to recover the fine. The district attorney of the county in which the person’s principal place of business is located or the Attorney General may institute and prosecute the appropriate proceedings to recover the fine. If the district attorney or the Attorney General prevails in a proceeding to recover the fine described in subsection 1, the district attorney or the Attorney General is entitled to recover the costs of the proceeding, including, without limitation, the cost of any investigation and reasonable attorney’s fees.

      3.  In the course of an investigation of a violation of this section, the Secretary of State may require a limited partnership to answer any interrogatory submitted by the Secretary of State that will assist in the investigation.

      4.  The Secretary of State may adopt regulations to administer the provisions of this section.

      Sec. 51. NRS 87A.275 is hereby amended to read as follows:

      87A.275  1.  A limited partnership or foreign limited partnership may correct a record filed in the Office of the Secretary of State with respect to the limited partnership or foreign limited partnership if the record contains false or erroneous information or if the record was defectively signed, attested, sealed, verified or acknowledged.

      2.  To correct a record, the limited partnership or foreign limited partnership must:

      (a) Prepare a certificate of correction that:

             (1) States the name of the limited partnership or foreign limited partnership;

             (2) Describes the record, including, without limitation, its filing date;

             (3) Specifies the false or erroneous information or the defect;

             (4) Sets forth the false or erroneous information or the defective portion of the record in an accurate or corrected form; and

             (5) Is signed by a general partner of the limited partnership or foreign limited partnership [.] or by some other person specifically authorized by the limited partnership or foreign limited partnership to sign the certificate.

      (b) Deliver the certificate to the Secretary of State for filing.

      (c) Pay a filing fee of $175 to the Secretary of State.

      3.  A certificate of correction must not state a delayed effective date and is effective on the effective date of the record it corrects, except that the certificate is effective when filed:

      (a) For the purposes of subsections 3 and 4 of NRS 87A.150; and

      (b) As to persons relying on the uncorrected record and adversely affected by the correction.

      4.  If a limited partnership or foreign limited partnership has made a filing with the Secretary of State and the Secretary of State has not processed the filing and placed the filing into the public record, the limited partnership or foreign limited partnership may cancel the filing by:

      (a) Filing a statement of cancellation with the Secretary of State; and

      (b) Paying a fee of $50.

      Sec. 52. NRS 87A.290 is hereby amended to read as follows:

      87A.290  1.  A limited partnership shall, on or before the last day of the first month after the filing of its certificate of limited partnership with the Secretary of State [,] or, if the limited partnership has selected an alternative due date pursuant to subsection 10, on or before that alternative due date, and annually thereafter on or before the last day of the month in which the anniversary date of the filing of its certificate of limited partnership occurs [,] or, if applicable, on or before the last day of the month in which the anniversary date of the alternative due date occurs in each year, file with the Secretary of State, on a form furnished by the Secretary of State, a list that contains:

 


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alternative due date pursuant to subsection 10, on or before that alternative due date, and annually thereafter on or before the last day of the month in which the anniversary date of the filing of its certificate of limited partnership occurs [,] or, if applicable, on or before the last day of the month in which the anniversary date of the alternative due date occurs in each year, file with the Secretary of State, on a form furnished by the Secretary of State, a list that contains:

      (a) The name of the limited partnership;

      (b) The file number of the limited partnership, if known;

      (c) The names of all of its general partners;

      (d) The address, either residence or business, of each general partner; and

      (e) [The information required pursuant to NRS 77.310; and

      (f)] The signature of a general partner of the limited partnership , or some other person specifically authorized by the limited partnership to sign the list, certifying that the list is true, complete and accurate.

Ê Each list filed pursuant to this subsection must be accompanied by a declaration under penalty of perjury that the limited partnership has complied with the provisions of chapter 76 of NRS [and which] , that the limited partnership acknowledges that pursuant to NRS 239.330, it is a category C felony to knowingly offer any false or forged instrument for filing in the Office of the Secretary of State [.] , and that none of the general partners identified in the list has been identified in the list with the fraudulent intent of concealing the identity of any person or persons exercising the power or authority of a general partner in furtherance of any unlawful conduct.

      2.  Except as otherwise provided in subsection 3, a limited partnership shall, upon filing:

      (a) The initial list required by subsection 1, pay to the Secretary of State a fee of $125.

      (b) Each annual list required by subsection 1, pay to the Secretary of State a fee of $125.

      3.  A registered limited-liability limited partnership shall, upon filing:

      (a) The initial list required by subsection 1, pay to the Secretary of State a fee of $125.

      (b) Each annual list required by subsection 1, pay to the Secretary of State a fee of $125.

      4.  If a general partner of a limited partnership resigns and the resignation is not reflected on the annual or amended list of general partners, the limited partnership or the resigning general partner shall pay to the Secretary of State a fee of $75 to file the resignation.

      5.  The Secretary of State shall, 90 days before the last day for filing each annual list required by subsection 1, provide to each limited partnership which is required to comply with the provisions of this section, and which has not become delinquent, a notice of the fee due pursuant to the provisions of subsection 2 or 3, as appropriate, and a reminder to file the annual list required pursuant to subsection 1. Failure of any limited partnership to receive a notice does not excuse it from the penalty imposed by NRS 87A.300.

      6.  If the list to be filed pursuant to the provisions of subsection 1 is defective or the fee required by subsection 2 or 3 is not paid, the Secretary of State may return the list for correction or payment.

 


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      7.  An annual list for a limited partnership not in default that is received by the Secretary of State more than 90 days before its due date shall be deemed an amended list for the previous year and does not satisfy the requirements of subsection 1 for the year to which the due date is applicable.

      8.  A filing made pursuant to this section does not satisfy the provisions of NRS 87A.240 and may not be substituted for filings submitted pursuant to NRS 87A.240.

      9.  A person who files with the Secretary of State a list required by subsection 1 which identifies a general partner with the fraudulent intent of concealing the identity of any person or persons exercising the power or authority of a general partner in furtherance of any unlawful conduct is subject to the penalty set forth in NRS 225.084.

      10.  The Secretary of State may allow a limited partnership to select an alternative due date for filing the initial list required by subsection 1.

      11.  The Secretary of State may adopt regulations to administer the provisions of subsection 10.

      Sec. 53. NRS 87A.310 is hereby amended to read as follows:

      87A.310  1.  Except as otherwise provided in subsections 3 and 4 and NRS 87A.200, the Secretary of State shall reinstate any limited partnership which has forfeited or which forfeits its right to transact business under the provisions of this chapter and restore to the limited partnership its right to carry on business in this State, and to exercise its privileges and immunities if it:

      (a) Files with the Secretary of State:

             (1) The list required pursuant to NRS 87A.290;

             (2) The statement required by NRS 87A.295, if applicable; [and]

             (3) The information required pursuant to NRS 77.310; and

             (4) A declaration under penalty of perjury, on a form provided by the Secretary of State, that the reinstatement is authorized by a court of competent jurisdiction in this State or by the duly selected general partners of the limited partnership; and

      (b) Pays to the Secretary of State:

             (1) The filing fee and penalty set forth in NRS 87A.290 and 87A.300 for each year or portion thereof during which the certificate has been revoked;

             (2) The fee set forth in NRS 87A.295, if applicable; and

             (3) A fee of $300 for reinstatement.

      2.  When the Secretary of State reinstates the limited partnership, the Secretary of State shall issue to the limited partnership a certificate of reinstatement if the limited partnership:

      (a) Requests a certificate of reinstatement; and

      (b) Pays the required fees pursuant to NRS 87A.315.

      3.  The Secretary of State shall not order a reinstatement unless all delinquent fees and penalties have been paid, and the revocation occurred only by reason of failure to pay the fees and penalties.

      4.  If a limited partnership’s certificate has been revoked pursuant to the provisions of this chapter and has remained revoked for a period of 5 years, the certificate must not be reinstated.

      5.  If a limited partnership’s certificate is reinstated pursuant to this section, the reinstatement relates back to and takes effect on the effective date of the revocation, and the limited partnership’s status as a limited partnership continues as if the revocation had never occurred.

 

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