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ê2009 Statutes of Nevada, Page 1531ê

 

CHAPTER 340, AB 337

Assembly Bill No. 337–Assemblywoman Leslie

 

CHAPTER 340

 

AN ACT relating to the protection of children; creating the Office of Statewide Coordinator for Children Who Are Endangered by Drug Exposure in the Office of the Attorney General; and providing other matters properly relating thereto.

 

[Approved: May 29, 2009]

 

Legislative Counsel’s Digest:

      This bill creates the Office of Statewide Coordinator for Children Who Are Endangered by Drug Exposure in the Office of the Attorney General. The Attorney General appoints the Statewide Coordinator for Children Who Are Endangered by Drug Exposure, who will engage in activities to assist in the establishment of programs for children who are endangered by drug exposure and to educate the public about children who are endangered by drug exposure. Section 2 of this bill defines “child who is endangered by drug exposure” for the purposes of these provisions.

 

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.  “Child who is endangered by drug exposure” means:

      1.  A child who is born affected by prenatal illegal substance abuse or who has withdrawal symptoms resulting from such abuse, or has experienced other complications at birth as a result of such abuse as determined by a physician;

      2.  A child who illegally has a controlled substance in his body as a direct and foreseeable result of the act or omission of the parent, guardian or other person who exercises control or supervision of the child; or

      3.  A child who is allowed, in violation of NRS 453.3325, to be present in any conveyance or upon any premises wherein a controlled substance is unlawfully possessed, used, sold, exchanged, bartered, supplied, prescribed, dispensed, given away, administered, manufactured or compounded in violation of any of the provisions of NRS 453.011 to 453.552, inclusive.

      Sec. 3.  1.  The Office of Statewide Coordinator for Children Who Are Endangered by Drug Exposure is hereby created in the Office of the Attorney General.

      2.  The Attorney General shall appoint a person to serve as Statewide Coordinator who is knowledgeable about the legal and societal aspects of children who are endangered by drug exposure.

      3.  The Statewide Coordinator is in the unclassified service of the State.

      Sec. 4.  1.  The Statewide Coordinator for Children Who Are Endangered by Drug Exposure shall:

      (a) Provide necessary assistance to communities and local governments in establishing programs for children who are endangered by drug exposure.

 


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      (b) Provide education to the public concerning children who are endangered by drug exposure.

      (c) Perform such other tasks as are necessary to carry out his duties and the functions of his office.

      2.  The Attorney General may accept grants, gifts, donations, bequests or devises on behalf of the Office of Statewide Coordinator for Children Who Are Endangered by Drug Exposure which must be used to carry out the duties of the Statewide Coordinator.

      Secs. 5 and 6.  (Deleted by amendment.)

      Sec. 7.  This act becomes effective on July 1, 2009.

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CHAPTER 341, AB 349

Assembly Bill No. 349–Assemblymen Parnell, Leslie, McClain; Bobzien, Goicoechea, Grady, Koivisto and Settelmeyer

 

CHAPTER 341

 

AN ACT relating to emergency medical services; providing for the endorsement of intermediate emergency medical technicians and advanced emergency medical technicians to administer immunizations, dispense medication and provide certain services for an emergency or otherwise satisfy public health needs; and providing other matters properly relating thereto.

 

[Approved: May 29, 2009]

 

Legislative Counsel’s Digest:

      Existing law requires the district board of health, in a county whose population is more than 400,000 (currently Clark County), and the State Board of Health, in a county whose population is less than 400,000, to establish the requirements, basic training and scope of practice for the certification of intermediate emergency medical technicians and advanced emergency medical technicians. (NRS 450B.191, 450B.1915, 450B.195, 450B.197) This bill requires the State Board of Health, in a county whose population is less than 400,000, to prescribe regulations for the endorsement of intermediate emergency medical technicians and advanced emergency medical technicians to administer immunizations, dispense medication and provide certain services for the community in an emergency or otherwise satisfy public health needs. The district board of health, in a county whose population is 400,000 or more, is authorized, but is not required, to adopt regulations for such an endorsement.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 450B of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  An intermediate emergency medical technician or an advanced emergency medical technician who holds an endorsement to administer immunizations, dispense medication and prepare and respond to certain public health needs issued in accordance with the regulations adopted pursuant to this section may:

 


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      (a) Administer immunizations and dispense medications;

      (b) Participate in activities designed to prepare the community to meet anticipated health needs, including, without limitation, participation in public vaccination clinics; and

      (c) Respond to an actual epidemic or other emergency in the community,

Ê under the direct supervision of the local health officer, or his designee, of the jurisdiction in which the immunization is administered or the medication is dispensed or in which the emergency or need exists.

      2.  The district board of health, in a county whose population is 400,000 or more, may adopt regulations for the endorsement of intermediate emergency medical technicians and advanced emergency medical technicians pursuant to this section. The regulations must:

      (a) Prescribe the minimum training required to obtain such an endorsement;

      (b) Prescribe the continuing education requirements or other evidence of continued competency for renewal of the endorsement;

      (c) Prescribe the fee for the issuance and renewal of the endorsement, which must not exceed $5; and

      (d) Not require licensure as an attendant as a condition of eligibility for an endorsement pursuant to this section.

      3.  The State Board of Health shall, for counties whose population is less than 400,000, adopt regulations for the endorsement of intermediate emergency medical technicians and advanced emergency medical technicians pursuant to this section. The regulations must:

      (a) Prescribe the minimum training required to obtain such an endorsement;

      (b) Prescribe the continuing education requirements or other evidence of continued competency for renewal of the endorsement;

      (c) Prescribe the fee for the issuance and renewal of the endorsement, which must not exceed $5;

      (d) To the extent practicable, authorize local health officers to provide the training and continuing education required to obtain and renew an endorsement; and

      (e) Not require licensure as an attendant as a condition of eligibility for an endorsement pursuant to this section.

      4.  As used in this section:

      (a) “Emergency” means an occurrence or threatened occurrence for which, in the determination of the Governor, the assistance of state agencies is needed to supplement the efforts and capabilities of political subdivisions to save lives, protect property and protect the health and safety of persons in this State, or to avert the threat of damage to property or injury to or the death of persons in this State.

      (b) “Local health officer” means a city health officer appointed pursuant to NRS 439.430, county health officer appointed pursuant to NRS 439.290 or district health officer appointed pursuant to NRS 439.368 or 439.400.

      Sec. 2.  NRS 450B.1915 is hereby amended to read as follows:

      450B.1915  An intermediate emergency medical technician may perform any procedure and administer any drug [approved] :

 


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      1.  Approved by regulation of the board [.] ; or

      2.  Authorized pursuant to section 1 of this act, if the intermediate emergency medical technician has obtained an endorsement pursuant to that section.

      Sec. 3.  NRS 450B.197 is hereby amended to read as follows:

      450B.197  An attendant or a firefighter who is an advanced emergency medical technician may perform any procedure and administer any drug [approved] :

      1.  Approved by regulation of the board [.] ; or

      2.  Authorized pursuant to section 1 of this act, if the attendant or firefighter who is an advanced emergency medical technician has obtained an endorsement pursuant to that section.

      Sec. 4.  NRS 454.213 is hereby amended to read as follows:

      454.213  A drug or medicine referred to in NRS 454.181 to 454.371, inclusive, may be possessed and administered by:

      1.  A practitioner.

      2.  A physician assistant licensed pursuant to chapter 630 or 633 of NRS, at the direction of his supervising physician or a licensed dental hygienist acting in the office of and under the supervision of a dentist.

      3.  Except as otherwise provided in subsection 4, a registered nurse licensed to practice professional nursing or licensed practical nurse, at the direction of a prescribing physician, physician assistant licensed pursuant to chapter 630 or 633 of NRS, dentist, podiatric physician or advanced practitioner of nursing, or pursuant to a chart order, for administration to a patient at another location.

      4.  In accordance with applicable regulations of the Board, a registered nurse licensed to practice professional nursing or licensed practical nurse who is:

      (a) Employed by a health care agency or health care facility that is authorized to provide emergency care, or to respond to the immediate needs of a patient, in the residence of the patient; and

      (b) Acting under the direction of the medical director of that agency or facility who works in this State.

      5.  [An] Except as otherwise provided in subsection 6, an intermediate emergency medical technician or an advanced emergency medical technician, as authorized by regulation of the State Board of Pharmacy and in accordance with any applicable regulations of:

      (a) The State Board of Health in a county whose population is less than 100,000;

      (b) A county board of health in a county whose population is 100,000 or more; or

      (c) A district board of health created pursuant to NRS 439.362 or 439.370 in any county.

      6.  An intermediate emergency medical technician or an advanced emergency medical technician who holds an endorsement issued pursuant to section 1 of this act, under the direct supervision of a local health officer or his designee pursuant to that section.

 


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ê2009 Statutes of Nevada, Page 1535 (Chapter 341, AB 349)ê

 

      7.  A respiratory therapist employed in a health care facility. The therapist may possess and administer respiratory products only at the direction of a physician.

      [7.] 8.  A dialysis technician, under the direction or supervision of a physician or registered nurse only if the drug or medicine is used for the process of renal dialysis.

      [8.] 9.  A medical student or student nurse in the course of his studies at an approved college of medicine or school of professional or practical nursing, at the direction of a physician and:

      (a) In the presence of a physician or a registered nurse; or

      (b) Under the supervision of a physician or a registered nurse if the student is authorized by the college or school to administer the drug or medicine outside the presence of a physician or nurse.

Ê A medical student or student nurse may administer a dangerous drug in the presence or under the supervision of a registered nurse alone only if the circumstances are such that the registered nurse would be authorized to administer it personally.

      [9.] 10.  Any person designated by the head of a correctional institution.

      [10.] 11.  An ultimate user or any person designated by the ultimate user pursuant to a written agreement.

      [11.] 12.  A nuclear medicine technologist, at the direction of a physician and in accordance with any conditions established by regulation of the Board.

      [12.] 13.  A radiologic technologist, at the direction of a physician and in accordance with any conditions established by regulation of the Board.

      [13.] 14.  A chiropractic physician, but only if the drug or medicine is a topical drug used for cooling and stretching external tissue during therapeutic treatments.

      [14.] 15.  A physical therapist, but only if the drug or medicine is a topical drug which is:

      (a) Used for cooling and stretching external tissue during therapeutic treatments; and

      (b) Prescribed by a licensed physician for:

            (1) Iontophoresis; or

            (2) The transmission of drugs through the skin using ultrasound.

      [15.] 16.  In accordance with applicable regulations of the State Board of Health, an employee of a residential facility for groups, as defined in NRS 449.017, pursuant to a written agreement entered into by the ultimate user.

      [16.] 17.  A veterinary technician at the direction of his supervising veterinarian.

      [17.] 18.  In accordance with applicable regulations of the Board, a registered pharmacist who:

      (a) Is trained in and certified to carry out standards and practices for immunization programs;

      (b) Is authorized to administer immunizations pursuant to written protocols from a physician; and

 


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      (c) Administers immunizations in compliance with the “Standards of Immunization Practices” recommended and approved by the United States Public Health Service Advisory Committee on Immunization Practices.

      [18.] 19.  A person who is enrolled in a training program to become a physician assistant licensed pursuant to chapter 630 or 633 of NRS, dental hygienist, intermediate emergency medical technician, advanced emergency medical technician, respiratory therapist, dialysis technician, nuclear medicine technologist, radiologic technologist, physical therapist or veterinary technician if the person possesses and administers the drug or medicine in the same manner and under the same conditions that apply, respectively, to a physician assistant licensed pursuant to chapter 630 or 633 of NRS, dental hygienist, intermediate emergency medical technician, advanced emergency medical technician, respiratory therapist, dialysis technician, nuclear medicine technologist, radiologic technologist, physical therapist or veterinary technician who may possess and administer the drug or medicine, and under the direct supervision of a person licensed or registered to perform the respective medical art or a supervisor of such a person.

      Sec. 5.  On or before July 1, 2009, the State Board of Health shall adopt regulations for the endorsement of intermediate emergency medical technicians and advanced emergency medical technicians pursuant to section 1 of this act.

      Sec. 6.  1.  This section and sections 1 and 5 of this act become effective upon passage and approval for purposes of adopting regulations and on July 1, 2009, for all other purposes.

      2.  Sections 2, 3 and 4 of this act become effective on July 1, 2009.

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ê2009 Statutes of Nevada, Page 1537ê

 

CHAPTER 342, AB 359

Assembly Bill No. 359–Assemblymen Woodbury, Hardy, Gansert, Ohrenschall; Aizley, Atkinson, Bobzien, Christensen, Claborn, Denis, Dondero Loop, Goedhart, Goicoechea, Hambrick, Hogan, Kihuen, Kirkpatrick, Manendo, Munford, Oceguera, Pierce, Settelmeyer, Spiegel and Stewart

 

Joint Sponsors: Senators Breeden, Schneider and Woodhouse

 

CHAPTER 342

 

AN ACT relating to education; creating the Grant Fund for the Training and Education of Personnel Who Work With Pupils With Autism; requiring that the boards of trustees of school districts and the governing bodies of charter schools, to the extent money is available, ensure that certain personnel possess the skills and qualifications necessary to work with pupils with autism; requiring the Health Division of the Department of Health and Human Services to ensure that certain personnel possess the skills and qualifications necessary to provide services to children with autism and their families; and providing other matters properly relating thereto.

 

[Approved: May 29, 2009]

 

Legislative Counsel’s Digest:

      Section 3 of this bill creates the Grant Fund for the Training and Education of Personnel Who Work With Pupils With Autism to provide grants of money to school districts and charter schools for programs of training of certain personnel.

      Section 4 of this bill requires the board of trustees of each school district and the governing body of each charter school, to the extent money is available from the Grant Fund, to ensure that the personnel employed by the school district or charter school who work with pupils with autism receive the appropriate preparation and training necessary to serve those pupils. Section 5 of this bill requires the board of trustees of each school district and the governing body of each charter school, to the extent money is available from the Grant Fund, to ensure that the licensed educational personnel employed by the school district or charter school who are assigned to assist a parent or legal guardian of a pupil with autism in making decisions about the services and programs available for the pupil receive the appropriate preparation and training necessary to assist those persons. Section 7 of this bill requires the board of trustees of each school district and the governing body of each charter school, to the extent money is available from the Grant Fund, to ensure that a paraprofessional who is employed by the school district or charter school who is assigned to work with a pupil with autism receives the appropriate preparation and training necessary to serve those pupils.

      Section 8 of this bill requires the personnel of the Health Division of the Department of Health and Human Services who provide early intervention services and the persons with whom the Health Division contracts to provide those services to possess the knowledge and skills necessary to provide services to children with autism and their families.

 


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ê2009 Statutes of Nevada, Page 1538 (Chapter 342, AB 359)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 391 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.

      Sec. 2.  As used in sections 2 to 7, inclusive, of this act, unless the context otherwise requires, “Grant Fund” means the Grant Fund for the Training and Education of Personnel Who Work With Pupils With Autism.

      Sec. 3.  1.  There is hereby created the Grant Fund for the Training and Education of Personnel Who Work With Pupils With Autism to be administered by the Department. The Department may accept gifts, grants and donations from any source for deposit in the Grant Fund.

      2.  The money in the Grant Fund must be used only for the distribution of money to school districts and charter schools for programs of training as set forth in sections 4, 5 and 7 of this act and to provide assistance to licensed educational personnel who work with pupils with autism in obtaining an appropriate endorsement to teach those pupils.

      3.  The board of trustees of a school district or the governing body of a charter school may apply to the Department on a form prescribed by the Department for a grant of money from the Grant Fund. The application must include a description of the program of training for which the grant of money will be used.

      Sec. 4.  1.  To the extent money is available from the Grant Fund, the board of trustees of each school district and the governing body of each charter school shall ensure that the licensed educational personnel employed by the school district or charter school who work with pupils with autism receive the appropriate preparation and training necessary to serve those pupils. The training may include, without limitation:

      (a) The characteristics of autism, including, without limitation, behavioral and communication characteristics;

      (b) Methods for determining, on a regular and consistent basis, the specific needs of a pupil with autism to ensure the pupil is meeting the objectives and goals described in the individualized education program of the pupil or other educational plan prepared for the pupil;

      (c) The procedure for evaluating pupils who demonstrate behaviors which are consistent with autism;

      (d) Approaches for use in the classroom to assist a pupil with autism with communication and social development; and

      (e) Methods of providing support to pupils with autism and their families.

      2.  To the extent money is available from the Grant Fund, the board of trustees of a school district or the governing body of a charter school may enter into an agreement with a local corporation, business, organization or other entity to provide training for licensed educational personnel employed by the school district or charter school who work with pupils with autism in accordance with this section.

      Sec. 5.  To the extent money is available from the Grant Fund, the board of trustees of each school district and the governing body of each charter school shall ensure that the licensed educational personnel employed by the school district or charter school who are assigned to assist a parent or legal guardian of a pupil with autism in making decisions about the services and programs available for the pupil receive the appropriate preparation and training:

 


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a parent or legal guardian of a pupil with autism in making decisions about the services and programs available for the pupil receive the appropriate preparation and training:

      1.  On using the 2008 Report of the Nevada Autism Task Force and any subsequent report issued by the Nevada Autism Task Force created pursuant to chapter 348, Statutes of Nevada 2007, to determine best practices in the development of programs for pupils with autism; and

      2.  To provide the parent or legal guardian with information on all options for treatment and intervention that may assist the pupil in his development and advancement.

      Sec. 6.  (Deleted by amendment.)

      Sec. 7.  1.  To the extent money is available from the Grant Fund, the board of trustees of each school district and the governing body of each charter school shall ensure that a paraprofessional who is employed by the school district or charter school to provide assistance to pupils with autism receives the appropriate preparation and training to acquire:

      (a) Knowledge of autism, including, without limitation:

            (1) The characteristics of autism and the range of spectrum disorders within a diagnosis of autism;

            (2) An understanding of the importance of building relationships between pupils with autism, other pupils and teachers or adults to encourage the independence of a pupil with autism; and

            (3) The ability to determine the patterns of behavior of pupils with autism;

      (b) The ability to provide structure and predictability through the consistent use of methods that support prior learning and continued development;

      (c) The ability to adapt, modify or structure the environment based upon an understanding of the auditory, visual or other sensory stimuli which may be reinforcing, calming or distracting to the pupil;

      (d) The ability to use positive behavioral supports, including, without limitation, the use of discrete trial, structured teaching methods, reinforcement and generalized approaches to enhance the pupil’s education and prevent behavioral problems, as directed by the pupil’s teacher or other appropriate personnel;

      (e) The ability to accurately collect and record data on the progress of a pupil with autism and report to the pupil’s teacher in a timely manner if a particular strategy or program is not producing the planned outcome for the pupil; and

      (f) The ability to communicate effectively and consistently with pupils with autism using communication techniques designed for those pupils.

      2.  To the extent money is available from the Grant Fund, the board of trustees of a school district or the governing body of a charter school may enter into an agreement with a local corporation, business, organization or other entity to provide training for a paraprofessional who provides assistance to pupils with autism in accordance with this section.

      Sec. 8.  Chapter 442 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Health Division shall ensure that the personnel employed by the Health Division who provide early intervention services to children with autism and the persons with whom the Health Division contracts to provide early intervention services to children with autism possess the knowledge and skills necessary to serve children with autism, including, without limitation:

 


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ê2009 Statutes of Nevada, Page 1540 (Chapter 342, AB 359)ê

 

provide early intervention services to children with autism possess the knowledge and skills necessary to serve children with autism, including, without limitation:

      (a) The screening of a child for autism at the age levels and frequency recommended by the American Academy of Pediatrics, or its successor organization;

      (b) The procedure for evaluating children who demonstrate behaviors which are consistent with autism;

      (c) The procedure for enrolling a child in early intervention services upon determining that the child has autism;

      (d) Methods of providing support to children with autism and their families; and

      (e) The procedure for developing an individualized family service plan in accordance with Part C of the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1431 et seq., or other appropriate plan for the child.

      2.  The Health Division shall ensure that the personnel employed by the Health Division to provide early intervention services to children with autism and the persons with whom the Health Division contracts to provide early intervention services to children with autism:

      (a) Possess the knowledge and understanding of the scientific research and support for the methods and approaches for serving children with autism and the ability to recognize the difference between an approach or method that is scientifically validated and one that is not;

      (b) Possess the knowledge to accurately describe to parents and guardians the research supporting the methods and approaches, including, without limitation, the knowledge necessary to provide an explanation that a method or approach is experimental if it is not supported by scientific evidence;

      (c) Immediately notify a parent or legal guardian if a child is identified as being at risk for a diagnosis of autism and refer the parent or legal guardian to the appropriate professionals for further evaluation and simultaneously refer the parent or legal guardian to any appropriate early intervention services and strategies; and

      (d) Provide the parent or legal guardian with information on evidence-based treatments and interventions that may assist the child in his development and advancement.

      3.  The Health Division shall ensure that the personnel employed by the Health Division who provide early intervention screenings to children and the persons with whom the Health Division contracts to provide early intervention screenings to children perform screenings of children for autism at the age levels and frequency recommended by the American Academy of Pediatrics, or its successor organization.

      Sec. 9.  (Deleted by amendment.)

      Sec. 10.  This act becomes effective on July 1, 2009.

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ê2009 Statutes of Nevada, Page 1541ê

 

CHAPTER 343, AB 378

Assembly Bill No. 378–Assemblyman Oceguera

 

CHAPTER 343

 

AN ACT relating to liquor; authorizing a wholesale dealer to receive original packages of a brand of liquor from an affiliate of the wholesale dealer located outside this State under certain circumstances; prohibiting a supplier from unreasonably withholding or delaying its approval of certain decisions relating to a franchise with a wholesaler under certain circumstances; imposing other prohibitions on a supplier; providing a remedy for violations; and providing other matters properly relating thereto.

 

[Approved: May 29, 2009]

 

Legislative Counsel’s Digest:

      Existing law sets forth the circumstances under which intoxicating liquor may be imported and sold in this State. (Chapter 369 of NRS) Section 1 of this bill provides that a wholesale dealer of liquor who is a designated importer for a supplier may receive original packages of liquor from an affiliate of the wholesale dealer located outside this State if certain conditions are met. Section 1 also provides that such an affiliate is not a supplier when the affiliate ships liquor to the wholesale dealer.

      Existing law sets forth various requirements concerning a franchise between a supplier and a wholesaler of malt beverages, distilled spirits and wines. (NRS 597.120-597.180) Section 3 of this bill prohibits a supplier from unreasonably withholding or delaying its approval of certain sales, assignments or transfers of an interest in a wholesaler’s assets or of the substitution of a person under a franchise. Section 3 provides for the liability of the supplier to a wholesaler if the supplier unreasonably withholds its consent in violation of section 3. Section 4 prohibits a supplier from taking various other actions against a wholesaler.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 369 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  If a supplier designates a wholesale dealer as the designated importer of a brand of liquor pursuant to NRS 369.386, the wholesale dealer may, without any additional designation or further consent from the supplier, receive original packages of that brand of liquor from an affiliate of the wholesale dealer located outside of this State if:

      (a) The affiliate operates a warehouse outside this State from which the affiliate ships the liquor;

      (b) The affiliate is licensed as a wholesaler for the liquor in the state from which the affiliate ships the liquor;

      (c) The wholesale dealer registers the name and address of the affiliate’s warehouse with the Department on a form prescribed by the Department;

      (d) Within 10 days after the affiliate ships the liquor to the wholesale dealer, the affiliate submits to the Department, with documentation, a report stating:

            (1) The name and address of the wholesale dealer to whom the liquor was shipped;

 


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            (2) The name and address of the person from whom the affiliate purchased the liquor;

            (3) The brand of liquor shipped;

            (4) The quantity of liquor shipped in gallons, rounded to the nearest one-hundredth; and

            (5) The percentage of alcohol by volume; and

      (e) As soon as practicable after receiving the liquor, the wholesale dealer reports the receipt of the liquor to the Department. The wholesale dealer shall pay all applicable excise taxes imposed by this chapter on that liquor on or before the 20th day of the month following the month in which the liquor was received by the wholesale dealer.

      2.  A wholesale dealer may not receive more than 15 percent of the total amount of any brand of liquor imported into this State during a calendar year pursuant to this section. Any liquor received by the wholesale dealer from an affiliate pursuant to this section must be purchased in accordance with the terms and conditions of the wholesaler’s franchise with the supplier.

      3.  A transfer of liquor pursuant to this section is not a purchase or sale of that liquor.

      4.  An affiliate of a wholesale dealer located outside this State who ships liquor pursuant to this section is not engaged in business as a supplier for the purposes of this chapter and chapter 597 of NRS. The provisions of this subsection do not authorize a wholesale dealer to receive liquor from an affiliate who is a supplier, as defined in NRS 597.140, or the holder of a certificate of compliance issued pursuant to NRS 369.430.

      5.  As used in this section:

      (a) “Affiliate” means a wholesale dealer or a person who, directly or indirectly through one or more intermediaries, controls, is controlled by or is under common control with, a wholesale dealer. As used in this paragraph, “control” means not less than 50 percent control, directly or indirectly, through one or more intermediaries.

      (b) “Franchise” has the meaning ascribed to it in NRS 597.130.

      Sec. 2.  Chapter 597 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 and 4 of this act.

      Sec. 3.  1.  A supplier shall not unreasonably withhold or delay his approval of any assignment, sale or transfer of the stock of a wholesaler or of all or any portion of a wholesaler’s assets, a wholesaler’s voting stock, the voting stock of any parent corporation or the beneficial ownership or control of any other entity owning or controlling the wholesaler, including the wholesaler’s rights and obligations under the terms of a franchise, whenever a person to be substituted under the terms of the franchise meets reasonable standards imposed upon the wholesaler and any other wholesaler of the supplier of the same general class, after consideration of the size and location of the marketing area of the wholesaler.

      2.  Upon the death of a partner of a partnership that operates the business of a wholesaler, a supplier shall not unreasonably withhold or delay his approval of maintaining the franchise between the supplier and each surviving partner.

      3.  Upon the death of any owner, controlling shareholder or operator of a wholesaler, a supplier shall not deny approval of any transfer of ownership to a surviving spouse, child or grandchild of the owner who has reached the age of majority at the time of death, controlling shareholder or operator.

 


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operator. Any subsequent transfer of ownership by the spouse, child, grandchild, controlling shareholder or operator is subject to the provisions of subsection 1.

      4.  In addition to the provisions of NRS 597.170, a supplier who unreasonably delays or withholds his consent or unreasonably denies approval of a sale, transfer or assignment of any ownership interest in a wholesaler is liable to the wholesaler for the laid-in costs of inventory of each affected brand of liquor and any diminution in the fair market value of the business of the wholesaler in relation to each affected brand. The damages recoverable pursuant to this section include, without limitation, all reasonable costs of bringing the action and attorney’s fees. For the purpose of this subsection, the fair market value of a business of a wholesaler includes, without limitation, the good will of the business and its value as a going concern, if any.

      5.  The provisions of this section may not be modified by agreement. Any provision in an agreement is void if the provision includes such a modification.

      Sec. 4.  A supplier shall not:

      1.  Prohibit a wholesaler from selling an alcoholic beverage of any other supplier;

      2.  Fix or maintain the price at which a wholesaler may resell an alcoholic beverage purchased from the supplier;

      3.  Require a wholesaler to pay to the supplier all or any portion of the difference in the suggested retail price of an alcoholic beverage and the actual price at which the wholesaler sells the alcoholic beverage;

      4.  Require a wholesaler to accept delivery of any alcoholic beverage or any other item that is not voluntarily ordered by the wholesaler or otherwise not required under the franchise between the supplier and wholesaler or is in violation of any levels of inventory that are mutually agreed upon in writing by the supplier and wholesaler;

      5.  Prohibit or restrain, directly or indirectly, a wholesaler from participating in an organization that represents the interests of wholesalers for any lawful purpose; or

      6.  Require a wholesaler to participate in or contribute to any advertising fund or promotional activity that:

      (a) Is not used for advertising or a promotional activity in the marketing area of the wholesaler; or

      (b) Requires a contribution by the wholesaler that exceeds any amount specified for that purpose in the franchise.

      Sec. 5.  NRS 597.120 is hereby amended to read as follows:

      597.120  As used in NRS 597.120 to 597.180, inclusive, and sections 3 and 4 of this act, unless the context otherwise requires, the words and terms defined in NRS 597.125 to 597.150, inclusive, have the meanings ascribed to them in those sections.

      Sec. 6.  NRS 597.170 is hereby amended to read as follows:

      597.170  1.  Any wholesaler may bring an action in a court of competent jurisdiction against a supplier for violation of NRS 597.120 to 597.180, inclusive, and sections 3 and 4 of this act and may recover the damages sustained by him, together with such costs of the action and reasonable attorney’s fees as are authorized under NRS 18.110.

 


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ê2009 Statutes of Nevada, Page 1544 (Chapter 343, AB 378)ê

 

      2.  The remedies provided in NRS 597.120 to 597.180, inclusive, and sections 3 and 4 of this act are independent of and supplemental to any other remedy or remedies available to the wholesaler in law or equity.

      Sec. 7.  NRS 597.180 is hereby amended to read as follows:

      597.180  In any action brought by a wholesaler against a supplier for termination or noncontinuance of, or causing to resign from a franchise in violation of NRS 597.120 to 597.180, inclusive, and sections 3 and 4 of this act, the supplier has the burden of establishing that he acted for good cause and that the wholesaler did not act in good faith. It is a complete defense for the supplier to prove that the termination, noncontinuance or causing to resign was done in good faith and for good cause.

      Sec. 8.  NRS 597.262 is hereby amended to read as follows:

      597.262  1.  Except as otherwise provided in this section and NRS 228.380, the Attorney General has primary jurisdiction to enforce the provisions of NRS 597.120 to 597.260, inclusive, and sections 3 and 4 of this act and shall cause appropriate legal action to be taken to enforce those provisions.

      2.  The Attorney General has concurrent jurisdiction with the district attorneys of this State to enforce the provisions of NRS 597.225 and 597.245.

      3.  This section does not prohibit:

      (a) A wholesaler from bringing an action against a supplier pursuant to NRS 597.170 [.] or section 3 of this act.

      (b) A customer, supplier or wholesaler from bringing an action against a retailer pursuant to NRS 597.260.

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ê2009 Statutes of Nevada, Page 1545ê

 

CHAPTER 344, AB 426

Assembly Bill No. 426–Assemblymen Pierce; Arberry, Atkinson, Hogan, Horne, Kihuen, Kirkpatrick, Koivisto, Leslie, McClain, Mortenson, Munford, Oceguera, Ohrenschall and Segerblom

 

Joint Sponsors: Senators Parks; Copening and Wiener

 

CHAPTER 344

 

AN ACT relating to recycling; requiring the Division of Environmental Protection of the State Department of Conservation and Natural Resources to conduct a study concerning programs for reusing and recycling computers and other electronics; and providing other matters properly relating thereto.

 

[Approved: May 29, 2009]

 

Legislative Counsel’s Digest:

      This bill requires the Division of Environmental Protection of the State Department of Conservation and Natural Resources to conduct a study concerning programs for reusing and recycling computers and other electronics. The study must include an inventory of any programs for donating or recycling computers and other electronics in this State and surrounding states and an evaluation of those programs. This bill also requires the Administrator of the Division to submit a report setting forth the results of the study and at least one recommendation for legislation to the Director of the Legislative Counsel Bureau for transmission to the 76th Session of the Nevada Legislature.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Sections 1-33.  (Deleted by amendment.)

      Sec. 34.  1.  The Division of Environmental Protection of the State Department of Conservation and Natural Resources shall, within the limits of available money, conduct or cause to be conducted a study concerning programs for reusing and recycling computers and other electronics.

      2.  The study must include, without limitation:

      (a) An inventory of any programs for donating or recycling computers and other electronics in this State and surrounding states; and

      (b) An evaluation of those programs and their effectiveness, including, without limitation, an assessment of the environmental effect of those programs.

      3.  The Administrator of the Division shall submit a report setting forth the results of the study and at least one recommendation for legislation to carry out a program for reusing and recycling computers and other electronics in this State to the Director of the Legislative Counsel Bureau for transmission to the 76th Session of the Nevada Legislature.

      Sec. 35.  This act becomes effective on July 1, 2009.

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ê2009 Statutes of Nevada, Page 1546ê

 

CHAPTER 345, AB 474

Assembly Bill No. 474–Committee on Corrections, Parole, and Probation

 

CHAPTER 345

 

AN ACT relating to parole; providing for the aggregation of consecutive sentences for the purposes of determining parole eligibility for certain prisoners under certain circumstances; requiring mandatory parole for certain prisoners who were under the age of 16 years when the offense was committed and who meet certain requirements; and providing other matters properly relating thereto.

 

[Approved: May 29, 2009]

 

Legislative Counsel’s Digest:

      Existing law provides that a prisoner may be sentenced to consecutive sentences of imprisonment and may be paroled from a current term of imprisonment to a subsequent term of imprisonment. (NRS 176.035) Section 2.5 of this bill provides that eligibility for parole of a prisoner sentenced to two or more consecutive sentences of life imprisonment with the possibility of parole: (1) for offenses committed on or after July 1, 2009, must be based upon the aggregation of the minimum sentences for those offenses; and (2) for offenses committed before July 1, 2009, may, at the option of the prisoner, be based upon the aggregation of the minimum sentences for such offenses, provided that the prisoner has not previously been considered for parole.

      Existing law provides for the mandatory release on parole of certain prisoners 12 months before the expiration of their maximum term if they have not previously been released on parole and are not otherwise ineligible for parole. (NRS 213.1215) Section 3 of this bill requires mandatory parole of prisoners who were sentenced to life imprisonment with the possibility of parole and who were less than 16 years of age at the time of the offense if they have: (1) served the minimum term of their sentence; (2) completed a program of general education or an industrial or vocational training program; (3) not been identified by the Department of Corrections as a member of a group posing a security threat; and (4) not committed a major violation of the regulations of the Department of Corrections and not been housed in disciplinary segregation within the immediately preceding 24 months.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Sections 1 and 2.  (Deleted by amendment.)

      Sec. 2.5.  NRS 213.1213 is hereby amended to read as follows:

      213.1213  1.  If a prisoner is sentenced pursuant to NRS 176.035 to serve two or more concurrent sentences, whether or not the sentences are identical in length or other characteristics, eligibility for parole from any of the concurrent sentences must be based on the sentence which requires the longest period before the prisoner is eligible for parole.

      2.  Notwithstanding any other provision of law, if a prisoner is sentenced pursuant to NRS 176.035 to serve two or more consecutive sentences of life imprisonment with the possibility of parole:

      (a) For offenses committed on or after July 1, 2009:

            (1) All minimum sentences for such offenses must be aggregated;

            (2) The prisoner shall be deemed to be eligible for parole from all such sentences after serving the minimum aggregate sentence; and

 


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ê2009 Statutes of Nevada, Page 1547 (Chapter 345, AB 474)ê

 

            (3) The Board is not required to consider the prisoner for parole until the prisoner has served the minimum aggregate sentence.

      (b) For offenses committed before July 1, 2009, in cases in which the prisoner has not previously been considered for parole for any such offenses:

            (1) The prisoner may, by submitting a written request to the Director of the Department of Corrections, make an irrevocable election to have the minimum sentences for such offenses aggregated; and

            (2) If the prisoner makes such an irrevocable election to have the minimum sentences for such offenses aggregated, the Board is not required to consider the prisoner for parole until the prisoner has served the minimum aggregate sentence.

      Sec. 3.  NRS 213.1215 is hereby amended to read as follows:

      213.1215  1.  Except as otherwise provided in [subsections 3, 4 and 5] this section and in cases where a consecutive sentence is still to be served, if a prisoner sentenced to imprisonment for a term of 3 years or more:

      (a) Has not been released on parole previously for that sentence; and

      (b) Is not otherwise ineligible for parole,

Ê he must be released on parole 12 months before the end of his maximum term, as reduced by any credits he has earned to reduce his sentence pursuant to chapter 209 of NRS.

      2.  Except as otherwise provided in this section, a prisoner who was sentenced to life imprisonment with the possibility of parole and who was less than 16 years of age at the time that he committed the offense for which he was imprisoned must, if the prisoner still has a consecutive sentence to be served, be granted parole from his current term of imprisonment to his subsequent term of imprisonment or must, if the prisoner does not still have a consecutive sentence to be served, be released on parole, if:

      (a) The prisoner has served the minimum term of imprisonment imposed by the court;

      (b) The prisoner has completed a program of general education or an industrial or vocational training program;

      (c) The prisoner has not been identified as a member of a group that poses a security threat pursuant to the procedures for identifying security threats established by the Department of Corrections; and

      (d) The prisoner has not, within the immediately preceding 24 months:

            (1) Committed a major violation of the regulations of the Department of Corrections; or

            (2) Been housed in disciplinary segregation.

      3.  The Board shall prescribe any conditions necessary for the orderly conduct of the parolee upon his release.

      [2.] 4.  Each parolee so released must be supervised closely by the Division, in accordance with the plan for supervision developed by the Chief pursuant to NRS 213.122.

      [3.] 5.  If the Board finds, at least 2 months before a prisoner would otherwise be paroled pursuant to subsection 1 [,] or 2 that there is a reasonable probability that the prisoner will be a danger to public safety while on parole, the Board may require the prisoner to serve the balance of his sentence and not grant the parole provided for in subsection 1 [.] or 2.

 


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ê2009 Statutes of Nevada, Page 1548 (Chapter 345, AB 474)ê

 

If, pursuant to this subsection, the Board does not grant the parole provided for in subsection 1 [,] or 2, the Board shall provide to the prisoner a written statement of its reasons for denying parole.

      [4.] 6.  If the prisoner is the subject of a lawful request from another law enforcement agency that he be held or detained for release to that agency, the prisoner must not be released on parole, but released to that agency.

      [5.] 7.  If the Division has not completed its establishment of a program for the prisoner’s activities during his parole pursuant to this section, the prisoner must be released on parole as soon as practicable after the prisoner’s program is established.

      [6.] 8.  For the purposes of this section, the determination of the 12-month period before the end of a prisoner’s term must be calculated without consideration of any credits he may have earned to reduce his sentence had he not been paroled.

      Sec. 4.  1.  This section and section 2.5 of this act become effective on July 1, 2009.

      2.  Section 3 of this act becomes effective on October 1, 2009.

________

 

CHAPTER 346, AB 488

Assembly Bill No. 488–Committee on Education

 

CHAPTER 346

 

AN ACT relating to public employees’ retirement; revising provisions governing the allowances that may be paid to a retired public employee who accepts employment or an independent contract with a public employer in a position for which there is a critical labor shortage; and providing other matters properly relating thereto.

 

[Approved: May 29, 2009]

 

Legislative Counsel’s Digest:

      Existing law provides that a retired public employee who accepts employment or an independent contract with a public employer under the Public Employees’ Retirement System is disqualified from receiving allowances under the System for the duration of that employment or contract under certain circumstances. (NRS 286.520) Existing law also provides an exception to this disqualification from receipt of allowances if the retired public employee fills a position for which there is a critical labor shortage. (NRS 286.523) This exception under existing law is scheduled to expire on June 30, 2009. (Chapter 316, Statutes of Nevada 2005, p. 1077) This bill extends the prospective expiration of this exception to June 30, 2015. Section 4 of this bill revises the criteria which must be considered by a designating authority in determining whether to designate a position for which there is a critical labor shortage. Section 4 also requires the designating authority to submit written findings of the determination to the Public Employees’ Retirement Board on a form prescribed by the Board. The Board must compile the forms and submit a biennial report of the compilation to the Interim Retirement and Benefits Committee of the Legislature.

 


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ê2009 Statutes of Nevada, Page 1549 (Chapter 346, AB 488)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Sections 1-3.  (Deleted by amendment.)

      Sec. 4.  NRS 286.523 is hereby amended to read as follows:

      286.523  1.  It is the policy of this State to ensure that the reemployment of a retired public employee pursuant to this section is limited to positions of extreme need. An employer who desires to employ such a retired public employee to fill a position for which there is a critical labor shortage must make the determination of reemployment based upon the appropriate and necessary delivery of services to the public.

      2.  The provisions of subsections 1 and 2 of NRS 286.520 do not apply to a retired employee who accepts employment or an independent contract with a public employer under the System if:

      (a) He fills a position for which there is a critical labor shortage; and

      (b) At the time of his reemployment, he is receiving:

            (1) A benefit that is not actuarially reduced pursuant to subsection 6 of NRS 286.510; or

            (2) A benefit actuarially reduced pursuant to subsection 6 of NRS 286.510 and has reached the required age at which he could have retired with a benefit that was not actuarially reduced pursuant to subsection 6 of NRS 286.510.

      [2.] 3.  A retired employee who is reemployed under the circumstances set forth in subsection [1] 2 may reenroll in the System as provided in NRS 286.525.

      [3.] 4.  Positions for which there are critical labor shortages must be determined in an open public meeting held by the designating authority as follows:

      (a) Except as otherwise provided in this subsection, the State Board of Examiners shall designate positions in State Government for which there are critical labor shortages.

      (b) The Supreme Court shall designate positions in the Judicial Branch of State Government for which there are critical labor shortages.

      (c) The Board of Regents shall designate positions in the Nevada System of Higher Education for which there are critical labor shortages.

      (d) The [Department of Education] board of trustees of each school district shall designate positions [with the various school districts] within the school district for which there are critical labor shortages.

      (e) The governing body of a charter school shall designate positions within the charter school for which there are critical labor shortages.

      (f) The governing body of a local government shall designate positions with the local government for which there are critical labor shortages.

      [(f)] (g) The Board shall designate positions within the System for which there are critical labor shortages.

      [4.] 5.  In determining whether a position is a position for which there is a critical labor shortage, the designating authority shall [give consideration to:] make findings based upon the criteria set forth in this subsection that support the designation. Before making a designation, the designating authority shall consider all efforts made by the applicable employer to fill the position through other means. The written findings made by the designating authority must include:

 


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ê2009 Statutes of Nevada, Page 1550 (Chapter 346, AB 488)ê

 

      (a) The history of the rate of turnover for the position;

      (b) The number of openings for the position and the number of qualified candidates for those openings [;] after all other efforts of recruitment have been exhausted;

      (c) The length of time the position has been vacant; [and

      (d) The success of recruiting persons in other states to fill the position.

      5.] (d) The difficulty in filling the position due to special circumstances, including, without limitation, special educational or experience requirements for the position; and

      (e) The history and success of the efforts to recruit for the position, including, without limitation, advertising, recruitment outside of this State and all other efforts made.

      6.  A designating authority that designates a position as a critical need position shall submit to the System its written findings which support that designation made pursuant to subsection 5 on a form prescribed by the System. The System shall compile the forms received from each designating authority and provide a biennial report on the compilation to the Interim Retirement and Benefits Committee of the Legislature.

      7.  A designating authority shall not designate a position pursuant to subsection [3] 4 as a position for which there is a critical labor shortage for a period longer than 2 years. To be redesignated as such a position, the designating authority must consider and make new findings in an open public meeting as to whether the position continues to meet the criteria set forth in subsection [4.] 5.

      Sec. 5.  Section 9 of chapter 490, Statutes of Nevada 2001, as amended by section 2 of chapter 316, Statutes of Nevada 2005, at page 1077, is hereby amended to read as follows:

      Sec. 9.  [1.]  This act becomes effective on July 1, 2001.

      [2.  Section 1 of this act expires by limitation on June 30, 2005.]

      Sec. 6.  The Public Employees’ Retirement Board shall conduct an experience study on the Public Employees’ Retirement System of the employment of retired public employees by public employers that participate in the Public Employees’ Retirement System pursuant to NRS 286.523, as amended by section 4 of this act, for the period beginning on July 1, 2009, and ending on June 30, 2014. The Public Employees’ Retirement Board shall submit a report of the study to the Interim Retirement and Benefits Committee of the Legislature on or before December 31, 2014.

      Sec. 7.  NRS 286.523 is hereby repealed.

      Sec. 8.  1.  This section and sections 1 to 6, inclusive, of this act become effective upon passage and approval.

      2.  Section 7 of this act becomes effective on June 30, 2015.

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ê2009 Statutes of Nevada, Page 1551ê

 

CHAPTER 347, AB 513

Assembly Bill No. 513–Committee on Commerce and Labor

 

CHAPTER 347

 

AN ACT relating to mortgage lending; establishing education requirements for an escrow agent or agency; revising provisions relating to the jurisdiction of the Commissioner of Mortgage Lending; revising subpoena powers of the Commissioner; revising provisions relating to holders of a beneficial interest in a loan; eliminating the exemption of consumer finance companies from provisions relating to mortgage brokers, mortgage agents and mortgage bankers; revising provisions for the issuance of a certificate of exemption to a mortgage broker, mortgage agent or mortgage banker; requiring a mortgage broker to make additional disclosures under certain circumstances; revising provisions for the revocation of the license of a mortgage broker or mortgage agent; and providing other matters properly relating thereto.

 

[Approved: May 29, 2009]

 

Legislative Counsel’s Digest:

      Sections 3 and 4 of this bill establish educational prerequisites and continuing education requirements for an escrow agent or agency. Sections 5, 9 and 15 of this bill provide that the jurisdiction and authority of the Commissioner of Mortgage Lending is unaffected by the expiration or voluntary surrender of a license as an escrow agent or agency, mortgage broker, mortgage agent or mortgage banker.

      Sections 6, 12 and 18 of this bill provide that the Commissioner may subpoena documents without also subpoenaing the custodian of such documents. (NRS 645A.060, 645B.070, 645E.310)

      Section 8 of this bill provides that if the beneficial interest in a loan for real property belongs to more than one natural person, the holders of 51 percent or more of the outstanding principal balance may act on behalf of all the holders of the beneficial interests of record.

      Sections 10 and 16 of this bill eliminate the exemption of consumer finance companies from licensing and other requirements governing mortgage brokers, mortgage agents and mortgage bankers. (NRS 645B.015, 645E.150) Sections 11 and 17 of this bill revise existing law by requiring proof of the right to transact mortgage loans, if applicable, in another jurisdiction as a condition to obtaining an exemption to licensing and other provisions governing mortgage brokers, agents and bankers. (NRS 645B.016, 645E.160)

      Existing law requires a mortgage broker to include a servicing fee in any loan for which he engages in activity as a mortgage broker. (NRS 645B.305) Section 13 of this bill limits the requirement to only such loans in which a private investor has acquired a beneficial interest. Section 13 also requires a mortgage broker to make additional disclosures pertaining to fees earned by the mortgage broker and any impact such fees may have on the terms of the loan.

      Section 14 of this bill revises existing law to provide that the Commissioner has the discretionary authority, rather than a mandatory obligation, to revoke the license of a mortgage broker or mortgage agent under certain circumstances. (NRS 645B.690)

 


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ê2009 Statutes of Nevada, Page 1552 (Chapter 347, AB 513)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  (Deleted by amendment.)

      Sec. 2.  Chapter 645A of NRS is hereby amended by adding thereto the provisions set forth as sections 3, 4 and 5 of this act.

      Sec. 3.  1.  In addition to any other requirement, an applicant for an original license as an escrow agent or agency must furnish proof satisfactory to the Commissioner of the successful completion of a course of instruction in the principles, practices, procedures, law and ethics of escrows, which course may be an extension or correspondence course offered by the Nevada System of Higher Education, by any other accredited college or university or by any other college or school approved by the Commissioner.

      2.  An applicant for a license as an escrow agent or agency pursuant to NRS 645A.020 must meet the educational prerequisites required pursuant to this section not later than the date on which his application is received by the Office of the Commissioner.

      3.  The Commissioner shall adopt regulations setting forth standards for the educational prerequisites required pursuant to this section. The regulations must address standards for instructors, the scope and content of the instruction, required hours of instruction and such other criteria as the Commissioner considers necessary.

      Sec. 4.  1.  The Commissioner shall adopt regulations that prescribe standards for the continuing education of persons licensed pursuant to this chapter.

      2.  The standards adopted pursuant to subsection 1 must:

      (a) Permit alternative subject material appropriate for specialized areas of practice and alternative sources of programs to ensure availability throughout the State and throughout the year;

      (b) Set forth procedures pursuant to which the Commissioner may qualify providers to offer courses of continuing education, including, without limitation, generally accredited educational institutions, private vocational schools, educational programs and seminars of professional societies and organizations and other organized educational programs on technical subjects;

      (c) Set forth procedures pursuant to which the Commissioner may qualify those continuing education courses that he determines address the appropriate subject matter; and

      (d) Set forth required hours of instruction and such other criteria as the Commissioner considers necessary.

      3.  Subject to the provisions of this section, the Commissioner has exclusive authority to determine which providers and courses may qualify for the purposes of continuing education under this chapter.

      Sec. 5.  The expiration or revocation of a license of an escrow agent or agency by operation of law or by order or decision of the Commissioner or a court of competent jurisdiction, or the voluntary surrender of a license, does not:

      1.  Prohibit the Commissioner from initiating or continuing an investigation of, or action or disciplinary proceeding against, the escrow agent or agency as authorized pursuant to the provisions of this chapter or the regulations adopted pursuant thereto; or

 


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ê2009 Statutes of Nevada, Page 1553 (Chapter 347, AB 513)ê

 

      2.  Prevent the imposition or collection of any fine or penalty authorized pursuant to the provisions of this chapter or the regulations adopted pursuant thereto against the escrow agent or agency.

      Sec. 6.  NRS 645A.060 is hereby amended to read as follows:

      645A.060  1.  In the conduct of any examination, investigation or hearing, the Commissioner may:

      (a) Compel the attendance of any person by subpoena.

      (b) Compel the production of any document by subpoena.

      (c) Administer oaths.

      [(c)] (d) Examine any person under oath concerning the business and conduct of affairs of any person subject to the provisions of this chapter, and in connection therewith require the production of any books, records or papers relevant to the inquiry.

      2.  Every person subpoenaed pursuant to the provisions of this section who willfully refuses or willfully neglects to appear at the time and place named in the subpoena or to produce books, records or papers required by the Commissioner, or who refuses to be sworn or answer as a witness, is guilty of a misdemeanor.

      Sec. 7.  Chapter 645B of NRS is hereby amended by adding thereto the provisions set forth as sections 8 and 9 of this act.

      Sec. 8.  1.  Except as otherwise provided by law or by agreement between the parties and regardless of the date the interests were created, if the beneficial interest in a loan belongs to more than one natural person, the holders of 51 percent or more of the outstanding principal balance may act on behalf of all the holders of the beneficial interests of record on matters which require the action of the holders of the beneficial interests in the loan, including, without limitation:

      (a) The designation of a mortgage broker or mortgage agent, servicing agent or any other person to act on behalf of all the holders of the beneficial interests of record;

      (b) The foreclosure of the property for which the loan was made;

      (c) The sale, encumbrance or lease of real property owned by the holders resulting from a foreclosure or the receipt of a deed in lieu of a foreclosure in full satisfaction of a loan;

      (d) The release of any obligation under a loan in return for an interest in equity in the real property or, if the loan was made to a person other than a natural person, an interest in equity of that entity; and

      (e) The modification or restructuring of any term of the loan, deed of trust or other document relating to the loan, including, without limitation, changes to the maturity date, interest rate and the acceptance of payment of less than the full amount of the loan and any accrued interest in full satisfaction of the loan.

      2.  Any action which is taken pursuant to subsection 1 must be in writing.

      3.  The provisions of this section do not apply to a transaction involving two investors with equal interests.

      Sec. 9.  The expiration or revocation of a license of a mortgage broker or mortgage agent by operation of law or by order or decision of the Commissioner or a court of competent jurisdiction, or the voluntary surrender of a license, does not:

      1.  Prohibit the Commissioner from initiating or continuing an investigation of, or action or disciplinary proceeding against, the mortgage broker or mortgage agent as authorized pursuant to the provisions of this chapter or the regulations adopted pursuant thereto; or

 


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ê2009 Statutes of Nevada, Page 1554 (Chapter 347, AB 513)ê

 

broker or mortgage agent as authorized pursuant to the provisions of this chapter or the regulations adopted pursuant thereto; or

      2.  Prevent the imposition or collection of any fine or penalty authorized pursuant to the provisions of this chapter or the regulations adopted pursuant thereto against the mortgage broker or mortgage agent.

      Sec. 10.  NRS 645B.015 is hereby amended to read as follows:

      645B.015  Except as otherwise provided in NRS 645B.016, the provisions of this chapter do not apply to:

      1.  Any person doing business under the laws of this State, any other state or the United States relating to banks, savings banks, trust companies, savings and loan associations, [consumer finance companies,] industrial loan companies, credit unions, thrift companies or insurance companies, including, without limitation, a subsidiary or a holding company of such a bank, company, association or union.

      2.  A real estate investment trust, as defined in 26 U.S.C. § 856, unless the business conducted in this State is not subject to supervision by the regulatory authority of the other jurisdiction, in which case licensing pursuant to this chapter is required.

      3.  An employee benefit plan, as defined in 29 U.S.C. § 1002(3), if the loan is made directly from money in the plan by the plan’s trustee.

      4.  An attorney at law rendering services in the performance of his duties as an attorney at law.

      5.  A real estate broker rendering services in the performance of his duties as a real estate broker.

      6.  Any person doing any act under an order of any court.

      7.  Any one natural person, or husband and wife, who provides money for investment in loans secured by a lien on real property, on his own account, unless such a person makes a loan secured by a lien on real property using his own money and assigns all or a part of his interest in the loan to another person, other than his spouse or child, within 5 years after the date on which the loan is made or the deed of trust is recorded, whichever occurs later.

      8.  Agencies of the United States and of this State and its political subdivisions, including the Public Employees’ Retirement System.

      9.  A seller of real property who offers credit secured by a mortgage of the property sold.

      Sec. 11.  NRS 645B.016 is hereby amended to read as follows:

      645B.016  Except as otherwise provided in subsection 2 and NRS 645B.690:

      1.  A person who claims an exemption from the provisions of this chapter pursuant to subsection 1 of NRS 645B.015 must:

      (a) File a written application for a certificate of exemption with the Office of the Commissioner;

      (b) Pay the fee required pursuant to NRS 645B.050;

      (c) Include with the written application satisfactory proof that the person meets the requirements of subsection 1 of NRS 645B.015; and

      (d) Provide evidence to the Commissioner that the person is duly licensed to conduct his business , including, if applicable, the right to transact mortgage loans, and such license is in good standing pursuant to the laws of this State, any other state or the United States.

      2.  The provisions of subsection 1 do not apply to the extent preempted by federal law.

 


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      3.  The Commissioner may require a person who claims an exemption from the provisions of this chapter pursuant to subsections 2 to 9, inclusive, of NRS 645B.015 to:

      (a) File a written application for a certificate of exemption with the Office of the Commissioner;

      (b) Pay the fee required pursuant to NRS 645B.050; and

      (c) Include with the written application satisfactory proof that the person meets the requirements of at least one of those exemptions.

      4.  A certificate of exemption expires automatically if, at any time, the person who claims the exemption no longer meets the requirements of at least one exemption set forth in the provisions of NRS 645B.015.

      5.  If a certificate of exemption expires automatically pursuant to this section, the person shall not provide any of the services of a mortgage broker or mortgage agent or otherwise engage in, carry on or hold himself out as engaging in or carrying on the business of a mortgage broker or mortgage agent unless the person applies for and is issued:

      (a) A license as a mortgage broker or mortgage agent, as applicable, pursuant to this chapter; or

      (b) Another certificate of exemption.

      6.  The Commissioner may impose upon a person who is required to apply for a certificate of exemption or who holds a certificate of exemption an administrative fine of not more than $10,000 for each violation that he commits, if the person:

      (a) Has knowingly made or caused to be made to the Commissioner any false representation of material fact;

      (b) Has suppressed or withheld from the Commissioner any information which the person possesses and which, if submitted by him, would have rendered the person ineligible to hold a certificate of exemption; or

      (c) Has violated any provision of this chapter, a regulation adopted pursuant to this chapter or an order of the Commissioner that applies to a person who is required to apply for a certificate of exemption or who holds a certificate of exemption.

      Sec. 12.  NRS 645B.070 is hereby amended to read as follows:

      645B.070  1.  In the conduct of any examination, periodic or special audit, investigation or hearing, the Commissioner may:

      (a) Compel the attendance of any person by subpoena.

      (b) Compel the production of any document by subpoena.

      (c) Administer oaths.

      [(c)] (d) Examine any person under oath concerning the business and conduct of affairs of any person subject to the provisions of this chapter and in connection therewith require the production of any books, records or papers relevant to the inquiry.

      2.  Any person subpoenaed under the provisions of this section who willfully refuses or willfully neglects to appear at the time and place named in the subpoena or to produce books, records or papers required by the Commissioner, or who refuses to be sworn or answer as a witness, is guilty of a misdemeanor and shall be punished as provided in NRS 645B.950.

      3.  In addition to the authority to recover attorney’s fees and costs pursuant to any other statute, the Commissioner may assess against and collect from a person all costs, including, without limitation, reasonable attorney’s fees, that are attributable to any examination, periodic or special audit, investigation or hearing that is conducted to examine or investigate the conduct, activities or business of the person pursuant to this chapter.

 


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audit, investigation or hearing that is conducted to examine or investigate the conduct, activities or business of the person pursuant to this chapter.

      Sec. 13.  NRS 645B.305 is hereby amended to read as follows:

      645B.305  A mortgage broker shall ensure that each loan secured by a lien on real property for which he engages in activity as a mortgage broker :

      1.  Includes a disclosure:

      (a) Describing, in a specific dollar amount, all fees earned by the mortgage broker;

      (b) Explaining which party is responsible for the payment of the fees described in paragraph (a); and

      (c) Explaining the probable impact the fees described in paragraph (a) may have on the terms of the loan, including, without limitation, the interest rates.

      2.  If a private investor has acquired a beneficial interest in the loan, includes a fee for servicing the loan which must be specified in the loan. The fee must be in an amount reasonably necessary to pay the cost of servicing the loan.

      Sec. 14.  NRS 645B.690 is hereby amended to read as follows:

      645B.690  1.  If a person offers or provides any of the services of a mortgage broker or mortgage agent or otherwise engages in, carries on or holds himself out as engaging in or carrying on the business of a mortgage broker or mortgage agent and, at the time:

      (a) The person was required to have a license pursuant to this chapter and the person did not have such a license; or

      (b) The person’s license was suspended or revoked pursuant to this chapter,

Ê the Commissioner shall impose upon the person an administrative fine of not more than $10,000 for each violation and, if the person has a license, the Commissioner [shall] may revoke it.

      2.  If a mortgage broker violates any provision of subsection 1 of NRS 645B.080 and the mortgage broker fails, without reasonable cause, to remedy the violation within 20 business days after being ordered by the Commissioner to do so or within such later time as prescribed by the Commissioner, or if the Commissioner orders a mortgage broker to provide information, make a report or permit an examination of his books or affairs pursuant to this chapter and the mortgage broker fails, without reasonable cause, to comply with the order within 20 business days or within such later time as prescribed by the Commissioner, the Commissioner shall:

      (a) Impose upon the mortgage broker an administrative fine of not more than $10,000 for each violation;

      (b) Suspend or revoke the license of the mortgage broker; and

      (c) Conduct a hearing to determine whether the mortgage broker is conducting business in an unsafe and injurious manner that may result in danger to the public and whether it is necessary for the Commissioner to take possession of the property of the mortgage broker pursuant to NRS 645B.630.

      Sec. 15.  Chapter 645E of NRS is hereby amended by adding thereto a new section to read as follows:

      The expiration or revocation of a license of a mortgage banker by operation of law or by order or decision of the Commissioner or a court of competent jurisdiction, or the voluntary surrender of a license, does not:

      1.  Prohibit the Commissioner from initiating or continuing an investigation of, or action or disciplinary proceeding against, the mortgage banker as authorized pursuant to the provisions of this chapter or the regulations adopted pursuant thereto; or

 


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banker as authorized pursuant to the provisions of this chapter or the regulations adopted pursuant thereto; or

      2.  Prevent the imposition or collection of any fine or penalty authorized pursuant to the provisions of this chapter or the regulations adopted pursuant thereto against the mortgage banker.

      Sec. 16.  NRS 645E.150 is hereby amended to read as follows:

      645E.150  Except as otherwise provided in NRS 645E.160, the provisions of this chapter do not apply to:

      1.  Any person doing business under the laws of this State, any other state or the United States relating to banks, savings banks, trust companies, savings and loan associations, [consumer finance companies,] industrial loan companies, credit unions, thrift companies or insurance companies, including, without limitation, a subsidiary or a holding company of such a bank, company, association or union.

      2.  A real estate investment trust, as defined in 26 U.S.C. § 856, unless the business conducted in this State is not subject to supervision by the regulatory authority of the other jurisdiction, in which case licensing pursuant to this chapter is required.

      3.  An employee benefit plan, as defined in 29 U.S.C. § 1002(3), if the loan is made directly from money in the plan by the plan’s trustee.

      4.  An attorney at law rendering services in the performance of his duties as an attorney at law.

      5.  A real estate broker rendering services in the performance of his duties as a real estate broker.

      6.  Any person doing any act under an order of any court.

      7.  Any one natural person, or husband and wife, who provides money for investment in loans secured by a lien on real property, on his own account, unless such a person makes a loan secured by a lien on real property using his own money and assigns all or a part of his interest in the loan to another person, other than his spouse or child, within 5 years after the date on which the loan is made or the deed of trust is recorded, whichever occurs later.

      8.  Agencies of the United States and of this State and its political subdivisions, including the Public Employees’ Retirement System.

      9.  A seller of real property who offers credit secured by a mortgage of the property sold.

      Sec. 17.  NRS 645E.160 is hereby amended to read as follows:

      645E.160  1.  Except as otherwise provided in subsection 2, a person who claims an exemption from the provisions of this chapter pursuant to subsection 1 of NRS 645E.150 must:

      (a) File a written application for a certificate of exemption with the Office of the Commissioner;

      (b) Pay the fee required pursuant to NRS 645E.280;

      (c) Include with the written application satisfactory proof that the person meets the requirements of subsection 1 of NRS 645E.150; and

      (d) Provide evidence to the Commissioner that the person is duly licensed to conduct his business , including, if applicable, the right to transact mortgage loans, and such license is in good standing pursuant to the laws of this State, any other state or the United States.

      2.  The provisions of subsection 1 do not apply to the extent preempted by federal law.

 


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      3.  The Commissioner may require a person who claims an exemption from the provisions of this chapter pursuant to subsections 2 to 9, inclusive, of NRS 645E.150 to:

      (a) File a written application for a certificate of exemption with the Office of the Commissioner;

      (b) Pay the fee required pursuant to NRS 645E.280; and

      (c) Include with the written application satisfactory proof that the person meets the requirements of at least one of those exemptions.

      4.  A certificate of exemption expires automatically if, at any time, the person who claims the exemption no longer meets the requirements of at least one exemption set forth in the provisions of NRS 645E.150.

      5.  If a certificate of exemption expires automatically pursuant to this section, the person shall not provide any of the services of a mortgage banker or otherwise engage in, carry on or hold himself out as engaging in or carrying on the business of a mortgage banker unless the person applies for and is issued:

      (a) A license as a mortgage banker pursuant to this chapter; or

      (b) Another certificate of exemption.

      6.  The Commissioner may impose upon a person who is required to apply for a certificate of exemption or who holds a certificate of exemption an administrative fine of not more than $10,000 for each violation that he commits, if the person:

      (a) Has knowingly made or caused to be made to the Commissioner any false representation of material fact;

      (b) Has suppressed or withheld from the Commissioner any information which the person possesses and which, if submitted by him, would have rendered the person ineligible to hold a certificate of exemption; or

      (c) Has violated any provision of this chapter, a regulation adopted pursuant to this chapter or an order of the Commissioner that applies to a person who is required to apply for a certificate of exemption or who holds a certificate of exemption.

      Sec. 18.  NRS 645E.310 is hereby amended to read as follows:

      645E.310  1.  In the conduct of any examination, periodic or special audit, investigation or hearing, the Commissioner may:

      (a) Compel the attendance of any person by subpoena.

      (b) Compel the production of any document by subpoena.

      (c) Administer oaths.

      [(c)] (d) Examine any person under oath concerning the business and conduct of affairs of any person subject to the provisions of this chapter and, in connection therewith, require the production of any books, records or papers relevant to the inquiry.

      2.  Any person subpoenaed under the provisions of this section who willfully refuses or willfully neglects to appear at the time and place named in the subpoena or to produce books, records or papers required by the Commissioner, or who refuses to be sworn or answer as a witness, is guilty of a misdemeanor.

      3.  In addition to the authority to recover attorney’s fees and costs pursuant to any other statute, the Commissioner may assess against and collect from a person all costs, including, without limitation, reasonable attorney’s fees, that are attributable to any examination, periodic or special audit, investigation or hearing that is conducted to examine or investigate the conduct, activities or business of the person pursuant to this chapter.

 


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      Sec. 19.  (Deleted by amendment.)

      Sec. 20.  Chapter 645F of NRS is hereby amended by adding thereto a new section to read as follows:

      The Commissioner shall adopt regulations establishing guidelines and limitations for the servicing or arranging of loans of which an investor has ownership or in which an investor has a beneficial interest.

      Sec. 21.  1.  This section and sections 1, 2 and 4 to 20, inclusive, of this act become effective upon passage and approval.

      2.  Section 3 of this act becomes effective:

      (a) On January 1, 2011, for the purposes of educational qualifications of escrow agents or agencies; and

      (b) Upon passage and approval for all other purposes.

________

 

CHAPTER 348, AB 535

Assembly Bill No. 535–Committee on Elections, Procedures, Ethics, and Constitutional Amendments

 

CHAPTER 348

 

AN ACT relating to the Legislature; making various changes relating to the Legislature and the Legislative Counsel Bureau; and providing other matters properly relating thereto.

 

[Approved: May 29, 2009]

 

Legislative Counsel’s Digest:

      Section 1 of this bill provides that reports made to the Legislature or the Legislative Counsel Bureau may be submitted electronically. Sections 2 and 3 of this bill allow a Legislator to purchase and use letterhead and business cards after leaving office if the letterhead or business card clearly identifies the person as a former Legislator or retired Legislator. Sections 4, 5, 7, 8, 12, 13 and 14 of this bill revise certain statutes concerning a Legislator who does not seek reelection or who is defeated for reelection. Such a Legislator continues to serve on legislative committees after the general election until the next regular or special session of the Legislature convenes. Sections 9.5 and 10 of this bill revise the statutes concerning the membership of the Legislative Commission and the Interim Finance Committee to provide that the membership of a Legislator who does not seek reelection or who is defeated for reelection terminates on the day after the general election. Sections 5 and 6 of this bill expand the membership of the Legislative Committee on Public Lands and authorize the Legislative Commission to appoint alternate members. Section 11 of this bill revises the description of the Administrative Division of the Legislative Counsel Bureau to reflect its duties more accurately. Sections 11.2, 11.4 and 11.6 of this bill expand the authority of the Legislative Counsel to represent the Legislature’s official interests in various actions and proceedings. Section 13.5 of this bill repeals the prospective expiration of provisions that require the prefiling of measures proposed by certain nonlegislative requesters and that make various other changes relating to bill draft requests.

 


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ê2009 Statutes of Nevada, Page 1560 (Chapter 348, AB 535)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 218 of NRS is hereby amended by adding thereto a new section to read as follows:

      If a law or resolution requires or directs that a report be made to the Legislature, the Legislative Counsel Bureau, or any person or entity within the Legislature or the Legislative Counsel Bureau, submitting the report in electronic format satisfies the law or resolution.

      Sec. 2.  NRS 218.048 is hereby amended to read as follows:

      218.048  1.  After he leaves office and a successor has been elected or appointed, it is unlawful for any Legislator to:

      (a) Use any official stationery or business card acquired pursuant to NRS 218.225 [;] unless the stationery or business card clearly identifies the person as a former Legislator or retired Legislator;

      (b) Maintain deliberately a listing in any directory, published after that date, which in any manner indicates that he is presently a Legislator; or

      (c) Except as otherwise provided in a special act, use on his vehicle a special legislative license plate furnished pursuant to NRS 482.374.

      2.  Any person who violates any of the provisions of subsection 1 is guilty of a misdemeanor.

      Sec. 3.  NRS 218.225 is hereby amended to read as follows:

      218.225  1.  At each regular session of the Legislature, each Legislator is entitled to receive at the expense of the Legislative Fund:

      (a) Not to exceed 2,000 letterheads, 8 1/2 inches x 11 inches, and 2,000 half size, or 4,000 of either variety;

      (b) Not to exceed 2,000 No. 10 envelopes and 2,000 No. 6 3/4 envelopes, or 4,000 of either variety; and

      (c) Not to exceed 2,000 business cards and 1,000 memorandum sheets, 500 each of the small and large type or 1,000 of either type.

      2.  Each female member of the Assembly is entitled to have the word “Assemblywoman” precede the inscription of her name on her official stationery and business cards.

      3.  All orders for the printing specified in subsection 1 must be placed by Legislators with the Director of the Legislative Counsel Bureau, who shall approve those claims which comply with the provisions of this section and shall pay the claims from the Legislative Fund.

      4.  A Legislator may purchase official stationery, cards and other material appropriate to his official duties in excess of that specified in subsection 1 at his own expense [.] and may purchase stationery, cards or other material for use after he leaves office if the stationery, cards or other material clearly identifies the person as a former Legislator or retired Legislator.

      Sec. 4.  NRS 218.5352 is hereby amended to read as follows:

      218.5352  1.  The Legislative Committee on Education, consisting of eight legislative members, is hereby created. The membership of the Committee consists of:

      (a) Four members appointed by the Majority Leader of the Senate, at least one of whom must be a member of the minority political party.

      (b) Four members appointed by the Speaker of the Assembly, at least one of whom must be a member of the minority political party.

 


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ê2009 Statutes of Nevada, Page 1561 (Chapter 348, AB 535)ê

 

      2.  After the initial selection, the Legislative Commission shall select the Chairman and Vice Chairman of the Committee from among the members of the Committee. After the initial selection of those officers, each of those officers holds the position for a term of 2 years commencing on July 1 of each odd-numbered year. The Chairmanship of the Committee must alternate each biennium between the houses of the Legislature. If a vacancy occurs in the Chairmanship or Vice Chairmanship, the vacancy must be filled in the same manner as the original selection for the remainder of the unexpired term.

      3.  A member of the Committee who is not a candidate for reelection or who is defeated for reelection continues to serve after the general election until the [convening of the] next regular or special session of the Legislature [.] convenes.

      4.  A vacancy on the Committee must be filled in the same manner as the original appointment.

      Sec. 5.  NRS 218.5363 is hereby amended to read as follows:

      218.5363  1.  There is hereby established a Legislative Committee on Public Lands consisting of [three] four members of the Senate, [three] four members of the Assembly and one elected officer representing the governing body of a local political subdivision, appointed by the Legislative Commission with appropriate regard for their experience with and knowledge of matters relating to public lands. The members who are State Legislators must be appointed to provide representation from the various geographical regions of the State.

      2.  The members of the Committee shall select a Chairman from one House of the Legislature and a Vice Chairman from the other. After the initial selection of a Chairman and a Vice Chairman, each such officer shall hold office for a term of 2 years commencing on July 1 of each odd-numbered year. If a vacancy occurs in the Chairmanship or Vice Chairmanship, the members of the Committee shall select a replacement for the remainder of the unexpired term.

      3.  Any member of the Committee who is not a candidate for reelection or who is defeated for reelection continues to serve after the general election until the [convening of the] next regular or special session of the Legislature [.] convenes.

      4.  The Legislative Commission may appoint alternates for members of the Committee. Vacancies on the Committee must be filled in the same manner as original appointments. The Chairman of the Committee may designate an alternate appointed by the Legislative Commission to serve in place of a regular member who is unable to attend a meeting. The Chairman shall appoint an alternate who is a member of the same House and political party as the regular member to serve in place of the regular member if one is available.

      Sec. 6.  NRS 218.5365 is hereby amended to read as follows:

      218.5365  1.  The members of the Committee shall meet throughout each year at the times and places specified by a call of the Chairman or a majority of the Committee. The Research Director of the Legislative Counsel Bureau or a person he has designated shall act as the nonvoting recording Secretary. The Committee shall prescribe regulations for its own management and government. [Four] Five members of the Committee constitute a quorum, and a quorum may exercise all the power and authority conferred on the Committee.

 


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ê2009 Statutes of Nevada, Page 1562 (Chapter 348, AB 535)ê

 

      2.  Except during a regular or special session of the Legislature, the members of the Committee who are State Legislators are entitled to receive the compensation provided for a majority of the members of the Legislature during the first 60 days of the preceding session, the per diem allowance provided for state officers and employees generally and the travel expenses provided pursuant to NRS 218.2207 for each day of attendance at a meeting of the Committee and while engaged in the business of the Committee. Per diem allowances, compensation and travel expenses of the legislative members of the Committee must be paid from the Legislative Fund.

      3.  The member of the Committee who represents a local political subdivision is entitled to receive the subsistence allowances and travel expenses provided by law for his position for each day of attendance at a meeting of the Committee and while engaged in the business of the Committee, to be paid by his local political subdivision.

      Sec. 7.  NRS 218.5382 is hereby amended to read as follows:

      218.5382  1.  If:

      (a) The Legislature, by concurrent resolution, during a regular legislative session; or

      (b) The Interim Finance Committee, by resolution, while the Legislature is not in regular session,

Ê determines that the performance of a fundamental review of the base budget of a particular agency is necessary, the Interim Finance Committee shall create a legislative committee for the fundamental review of the base budgets of state agencies. The Interim Finance Committee may create more than one such committee if the number of agencies designated for review warrants additional committees. If more than one such committee is created, the Interim Finance Committee shall determine which agencies are to be reviewed by the respective committees.

      2.  Each such committee must consist of an equal number of members of the Senate and the Assembly. The Interim Finance Committee shall appoint the members of a committee. At least a majority of the members of a committee must be members of the Interim Finance Committee. The Interim Finance Committee shall designate the chairman of a committee.

      3.  Any member of a committee who is not a candidate for reelection or who is defeated for reelection continues to serve after the general election until the next regular or special session of the Legislature [is convened.] convenes.

      4.  Vacancies on a committee must be filled in the same manner as original appointments.

      5.  A majority of the members appointed to a committee constitutes a quorum.

      6.  The Director of the Legislative Counsel Bureau shall assign employees of the Legislative Counsel Bureau to provide such technical, clerical and operational assistance to a committee as the functions and operations of the committee may require.

      Sec. 8.   NRS 218.53871 is hereby amended to read as follows:

      218.53871  1.  There is hereby created the Legislative Committee for the Review and Oversight of the Tahoe Regional Planning Agency and the Marlette Lake Water System consisting of three members of the Senate and three members of the Assembly, appointed by the Legislative Commission with appropriate regard for their experience with and knowledge of matters relating to the management of natural resources.

 


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ê2009 Statutes of Nevada, Page 1563 (Chapter 348, AB 535)ê

 

relating to the management of natural resources. The members must be appointed to provide representation from the various geographical regions of the State.

      2.  The members of the Committee shall elect a Chairman from one house of the Legislature and a Vice Chairman from the other house. Each Chairman and Vice Chairman holds office for a term of 2 years commencing on July 1 of each odd-numbered year.

      3.  Any member of the Committee who is not a candidate for reelection or who is defeated for reelection continues to serve after the general election until the next regular or special session of the Legislature convenes.

      4.  Vacancies on the Committee must be filled in the same manner as original appointments.

      5.  The Committee shall report annually to the Legislative Commission concerning its activities and any recommendations.

      Sec. 9.  NRS 218.610 is hereby amended to read as follows:

      218.610  As used in NRS 218.610 to 218.735, inclusive, and section 1 of this act, “agency of the State” includes all offices, departments, boards, commissions and institutions of the State.

      Sec. 9.5.  NRS 218.660 is hereby amended to read as follows:

      218.660  1.  There is hereby created in the Legislative Counsel Bureau a Legislative Commission consisting of 12 members.

      2.  At each regular session of the Legislature held in odd-numbered years, the Senate shall, by resolution, designate six Senators as regular members of the Legislative Commission and six Senators as alternates, and the Assembly shall, by resolution, designate six Assemblymen as regular members of the Legislative Commission and six Assemblymen as alternates.

      3.  The Legislature shall determine by joint rule at each regular session of the Legislature in odd-numbered years:

      (a) The method of determining the majority party and the minority party regular and alternate membership on the Legislative Commission.

      (b) The method of filling vacancies on the Legislative Commission.

      (c) [The terms of office of members.

      (d)] The method of selecting the Chairman.

      [(e)] (d) The term of office of the Chairman.

      4.  The members of the Legislative Commission serve until their successors are appointed by resolution as provided in this section, except that the membership of any member who does not become a candidate for reelection or who is defeated for reelection terminates on the day next after the election and the vacancy must be filled as provided by the joint rule adopted pursuant to subsection 3.

      Sec. 10.  NRS 218.6825 is hereby amended to read as follows:

      218.6825  1.  There is hereby created in the Legislative Counsel Bureau an Interim Finance Committee . Except as otherwise provided in this section, the Interim Finance Committee is composed of the members of the Assembly Standing Committee on Ways and Means and the Senate Standing Committee on Finance during the current or immediately preceding session of the Legislature. [The]

      2.  Except as otherwise provided in this subsection, the immediate past Chairman of the Senate Standing Committee on Finance is the Chairman of the Interim Finance Committee for the period ending with the convening of each even-numbered regular session of the Legislature. The immediate past Chairman of the Assembly Standing Committee on Ways and Means is the Chairman of the Interim Finance Committee during the next legislative interim, and the chairmanship alternates between the houses of the Legislature according to this pattern.

 


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ê2009 Statutes of Nevada, Page 1564 (Chapter 348, AB 535)ê

 

Chairman of the Interim Finance Committee during the next legislative interim, and the chairmanship alternates between the houses of the Legislature according to this pattern.

      [2.]  The term of the Chairman of the Interim Finance Committee terminates if a new Chairman of the Assembly Standing Committee on Ways and Means or the Senate Standing Committee on Finance, as the case may be, is designated for the next regular session of the Legislature, in which case that person so designated serves as the Chairman of the Committee until the convening of that regular session.

      3.  If any regular member of the Interim Finance Committee informs the Secretary that he will be unable to attend a particular meeting, the Secretary shall notify the Speaker of the Assembly or the Majority Leader of the Senate, as the case may be, to appoint an alternate for that meeting from the same house and political party as the absent member.

      [3.] 4.  Except as otherwise provided in subsection 5, the term of a member of the Interim Finance Committee expires upon the convening of the next regular session of the Legislature unless the member is replaced by the appointing authority. If the Speaker designate of the Assembly or the Majority Leader designate of the Senate designates members of the Assembly Standing Committee on Ways and Means or the Senate Standing Committee on Finance, as applicable, for the next ensuing regular session of the Legislature, the designated members become members of the Interim Finance Committee. A member may be reappointed.

      5.  The membership of any member who does not become a candidate for reelection or who is defeated for reelection [continues until the next session of the Legislature is convened.

      4.] terminates on the day next after the general election. The Speaker designate of the Assembly or the Majority Leader designate of the Senate, as the case may be, shall appoint an alternate to fill the vacancy on the Interim Finance Committee. Except as otherwise provided in this subsection, each alternate serves on the Committee:

      (a) If he is a member of the Assembly, until the Speaker designate of the Assembly designates the members of the Assembly Standing Committee on Ways and Means for the next ensuing regular session of the Legislature or appoints a different alternate.

      (b) If he is a member of the Senate, until the Majority Leader designate of the Senate designates the members of the Senate Standing Committee on Finance for the next ensuing regular session of the Legislature or appoints a different alternate.

      6.  The Director of the Legislative Counsel Bureau shall act as the Secretary of the Interim Finance Committee.

      [5.] 7.  A majority of the members of the Assembly Standing Committee on Ways and Means and a majority of the members of the Senate Standing Committee on Finance, jointly, may call a meeting of the Interim Finance Committee if the Chairman does not do so.

      [6.] 8.  In all matters requiring action by the Interim Finance Committee, the vote of the Assembly and Senate members must be taken separately. No action may be taken unless it receives the affirmative vote of a majority of the Assembly members and a majority of the Senate members.

      [7.] 9.  Except during a regular or special session of the Legislature, each member of the Interim Finance Committee and appointed alternate is entitled to receive the compensation provided for a majority of the members of the Legislature during the first 60 days of the preceding regular session for each day or portion of a day during which he attends a Committee meeting or is otherwise engaged in Committee work plus the per diem allowance provided for state officers and employees generally and the travel expenses provided pursuant to NRS 218.2207.

 


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ê2009 Statutes of Nevada, Page 1565 (Chapter 348, AB 535)ê

 

of the Legislature during the first 60 days of the preceding regular session for each day or portion of a day during which he attends a Committee meeting or is otherwise engaged in Committee work plus the per diem allowance provided for state officers and employees generally and the travel expenses provided pursuant to NRS 218.2207. All such compensation must be paid from the Contingency Fund in the State Treasury.

      Sec. 11.  NRS 218.6851 is hereby amended to read as follows:

      218.6851  1.  The Administrative Division consists of the Chief of the Division and such staff as he may require.

      2.  The Administrative Division is responsible for:

      (a) Accounting [;] and human resources;

      (b) Audio and video services;

      (c) Communication equipment;

      [(c)] (d) Control of inventory;

      [(d)] (e) Information technology services;

      (f) Janitorial services;

      [(e)] (g) Maintenance of buildings, grounds and vehicles;

      [(f)] (h) Purchasing;

      [(g)] (i) Security;

      [(h)] (j) Shipping and receiving;

      [(i)] (k) Utilities;

      [(j)] and

      (l) Warehousing operations . [;

      (k) Data processing; and

      (l) Reproduction of documents.]

      3.  The Legislative Commission may assign any other appropriate function to the Administrative Division.

      Sec. 11.2.  NRS 218.697 is hereby amended to read as follows:

      218.697  1.  When deemed necessary or advisable to protect the official interests of the Legislature , one or more houses of the Legislature or one or more [legislative committees,] agencies, members, officers or employees of the Legislature, the Legislative Counsel Bureau or the Legislative Department of State Government, the Legislative Commission, or the Chairman of the Legislative Commission in cases where action is required before a meeting of the Legislative Commission is scheduled to be held, may direct the Legislative Counsel and his staff to appear in, commence, prosecute, defend or intervene in any action [, suit, matter, cause] or proceeding [in] before any court [or] , agency or officer of [this State or of] the United States [.] , this State or any other jurisdiction, or any political subdivision thereof. In any such action or proceeding, the Legislature, the houses of the Legislature and the agencies, members, officers and employees of the Legislature, the Legislative Counsel Bureau and the Legislative Department of State Government may not be assessed or held liable for:

      (a) Any filing or other court fees; or

      (b) The attorney’s fees or other fees, costs or expenses of any other parties.

      2.  If a party to any action or proceeding before any court, agency or officer:

      (a) Alleges that the Legislature, by its actions or failure to act, has violated the Constitution, treaties or laws of the United States or the Constitution or laws of this State; or

 


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      (b) Challenges, contests or raises as an issue, either in law or in equity, in whole or in part, or facially or as applied, the meaning, intent, purpose, scope, applicability, validity, enforceability or constitutionality of any law, resolution, initiative, referendum or other legislative or constitutional measure, including, without limitation, on grounds that the law, resolution, initiative, referendum or other legislative or constitutional measure is ambiguous, unclear, uncertain, imprecise, indefinite or vague, is preempted by federal law or is otherwise inapplicable, invalid, unenforceable or unconstitutional,

Ê the Legislature may elect to intervene in the action or proceeding by filing a motion or request to intervene in the form required by the rules, laws or regulations applicable to the action or proceeding. The motion or request to intervene must be accompanied by an appropriate pleading, brief or dispositive motion setting forth the Legislature’s arguments, claims, objections or defenses, in law or fact, or by a motion or request to file such a pleading, brief or dispositive motion at a later time.

      3.  Notwithstanding any other law to the contrary, upon the filing of a motion or request to intervene pursuant to subsection 2, the Legislature has an unconditional right and standing to intervene in the action or proceeding and to present its arguments, claims, objections or defenses, in law or fact, whether or not the Legislature’s interests are adequately represented by existing parties and whether or not the State or any agency, officer or employee of the State is an existing party. If the Legislature intervenes in the action or proceeding, the Legislature has all the rights of a party.

      4.  The provisions of this section do not make the Legislature a necessary or indispensable party to any action or proceeding unless the Legislature intervenes in the action or proceeding, and no party to any action or proceeding may name the Legislature as a party or move to join the Legislature as a party based on the provisions of this section.

      [2.] 5.  The Legislative Commission may authorize payment of the expenses and costs incurred pursuant to this section from the Legislative Fund.

      6.  As used in this section:

      (a) “Action or proceeding” means any action, suit, matter, cause, hearing, appeal or proceeding.

      (b) “Agency” means any agency, office, department, division, board, commission, authority, committee, subcommittee or other similar body or entity, including, without limitation, any body or entity created by an interstate, cooperative, joint or interlocal agreement or compact.

      Sec. 11.4.  NRS 12.130 is hereby amended to read as follows:

      12.130  1.  Except as otherwise provided in subsection 2:

      (a) Before the trial, any person may intervene in an action or proceeding, who has an interest in the matter in litigation, in the success of either of the parties, or an interest against both.

      [2.] (b) An intervention takes place when a third person is permitted to become a party to an action or proceeding between other persons, either by joining the plaintiff in claiming what is sought by the complaint, or by uniting with the defendant in resisting the claims of the plaintiff, or by demanding anything adversely to both the plaintiff and the defendant.

 


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ê2009 Statutes of Nevada, Page 1567 (Chapter 348, AB 535)ê

 

      [3.] (c) Intervention is made as provided by the Nevada Rules of Civil Procedure.

      [4.] (d) The court shall determine upon the intervention at the same time that the action is decided. If the claim of the party intervening is not sustained, he shall pay all costs incurred by the intervention.

      2.  The provisions of this section do not apply to intervention in an action or proceeding by the Legislature pursuant to NRS 218.697.

      Sec. 11.6.  NRS 65.030 is hereby amended to read as follows:

      65.030  1.  Except as otherwise provided in subsection 2:

      (a) Before the trial, any person may intervene in an action or proceeding, who has an interest in the matter in litigation, in the success of either of the parties, or an interest against both.

      [2.] (b) An intervention takes place when a third person is permitted to become a party to an action or proceeding between other persons, either by joining the plaintiff in claiming what is sought by the complaint, or by uniting with the defendant in resisting the claims of the plaintiff, or by demanding anything adversely to both the plaintiff and the defendant; and is made by complaint, setting forth the grounds upon which the intervention rests, filed by leave of the court and served upon the parties to the action or proceeding who have not appeared, and upon the attorneys of the parties who have appeared, who may answer or demur to it as if it were an original complaint.

      [3.] (c) The court shall determine upon the intervention at the same time that the action is decided. If the claim of the party intervening is not sustained he shall pay all costs incurred by the intervention.

      2.  The provisions of this section do not apply to intervention in an action or proceeding by the Legislature pursuant to NRS 218.697.

      Sec. 12.  NRS 417.230 is hereby amended to read as follows:

      417.230  1.  There are hereby created the Advisory Committee for a Veterans’ Cemetery in Northern Nevada and the Advisory Committee for a Veterans’ Cemetery in Southern Nevada, each consisting of seven members as follows:

      (a) One member of the Senate, appointed by the Majority Leader of the Senate.

      (b) One member of the Assembly, appointed by the Speaker of the Assembly.

      (c) Five members of veterans’ organizations in this State, appointed by the Governor.

      2.  The members of the Committees shall serve terms of 2 years.

      3.  Each Committee shall annually elect a Chairman and a Vice Chairman from among its members.

      4.  Each Committee shall meet at least 4 times a year.

      5.  Any legislative member of a Committee who is not a candidate for reelection or who is defeated for reelection continues to serve after the general election until the [convening of the] next regular or special session of the Legislature [.] convenes.

      6.  While engaged in the work of the Committee, each member of each Committee is entitled to receive the per diem allowances and travel expenses provided for state officers and employees generally.

      7.  The Executive Director shall consult with each Committee regarding the establishment, maintenance and operation of the veterans’ cemetery for which the Committee was created.

 


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ê2009 Statutes of Nevada, Page 1568 (Chapter 348, AB 535)ê

 

      Sec. 13.  NRS 439B.200 is hereby amended to read as follows:

      439B.200  1.  There is hereby established a Legislative Committee on Health Care consisting of three members of the Senate and three members of the Assembly, appointed by the Legislative Commission. The members must be appointed with appropriate regard for their experience with and knowledge of matters relating to health care.

      2.  No member of the Committee may:

      (a) Have a financial interest in a health facility in this State;

      (b) Be a member of a board of directors or trustees of a health facility in this State;

      (c) Hold a position with a health facility in this State in which the Legislator exercises control over any policies established for the health facility; or

      (d) Receive a salary or other compensation from a health facility in this State.

      3.  The provisions of subsection 2 do not:

      (a) Prohibit a member of the Committee from selling goods which are not unique to the provision of health care to a health facility if the member primarily sells such goods to persons who are not involved in the provision of health care.

      (b) Prohibit a member of the Legislature from serving as a member of the Committee if:

            (1) The financial interest, membership on the board of directors or trustees, position held with the health facility or salary or other compensation received would not materially affect the independence of judgment of a reasonable person; and

            (2) Serving on the Committee would not materially affect any financial interest he has in a health facility in a manner greater than that accruing to any other person who has a similar interest.

      4.  The Legislative Commission shall select the Chairman and Vice Chairman of the Committee from among the members of the Committee. Each such officer shall hold office for a term of 2 years commencing on July 1 of each odd-numbered year. The chairmanship of the Committee must alternate each biennium between the houses of the Legislature.

      5.  Any member of the Committee who does not [return to the Legislature] become a candidate for reelection or who is defeated for reelection continues to serve after the general election until the next regular or special session of the Legislature convenes.

      6.  Vacancies on the Committee must be filled in the same manner as original appointments.

      7.  The Committee shall report annually to the Legislative Commission concerning its activities and any recommendations.

      Sec. 13.5.  Section 16 of chapter 524, Statutes of Nevada 2007, at page 3170, is hereby amended to read as follows:

      Sec. 16.  [1.]  This act becomes effective upon passage and approval.

      [2.  Sections 3 to 10, inclusive, and 15 of the act expire by limitation on June 30, 2011.]

      Sec. 14.  Section 56 of chapter 531, Statutes of Nevada 2007, at page 3302, is hereby amended to read as follows:

      Sec. 56.  1.  There is hereby created the Legislative Committee to Oversee the Western Regional Water Commission created pursuant to section 23 of this act. The Committee must:

 


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ê2009 Statutes of Nevada, Page 1569 (Chapter 348, AB 535)ê

 

      (a) Consist of six Legislators as follows:

            (1) One member of the Senate appointed by the Chairman of the Senate Committee on Natural Resources;

            (2) One member of the Assembly appointed by the Chairman of the Assembly Committee on Natural Resources, Agriculture, and Mining;

            (3) One member of the Senate appointed by the Majority Leader of the Senate;

            (4) One member of the Senate appointed by the Minority Leader of the Senate;

            (5) One member of the Assembly appointed by the Speaker of the Assembly; and

            (6) One member of the Assembly appointed by the Minority Leader of the Assembly.

      (b) Insofar as practicable, represent the various areas within the planning area.

      (c) Elect a Chairman and a Vice Chairman from among its members. The Chairman must be elected from one House of the Legislature and the Vice Chairman from the other House. After the initial selection of a Chairman and a Vice Chairman, each of those officers holds office for a term of 2 years commencing on July 1 of each odd-numbered year. If a vacancy occurs in the chairmanship or vice chairmanship, the members of the Committee shall select a replacement for the remainder of the unexpired term.

      2.  Any member of the Committee who is not a candidate for reelection or who is defeated for reelection continues to serve after the general election until the next regular or special session of the Legislature convenes.

      3.  Vacancies on the Committee must be filled in the same manner as original appointments.

      4.  The members of the Committee shall meet throughout each year at the times and places specified by a call of the Chairman or a majority of the Committee.

      5.  The Director of the Legislative Counsel Bureau or his designee shall act as the nonvoting recording Secretary.

      6.  The Committee shall prescribe regulations for its own management and government.

      7.  Except as otherwise provided in subsection 8, four members of the Committee constitute a quorum, and a quorum may exercise all the powers conferred on the Committee.

      8.  Any recommended legislation proposed by the Committee must be approved by a majority of the members of the Senate and by a majority of the members of the Assembly appointed to the Committee.

      9.  Except during a regular or special session of the Legislature, the members of the Committee are entitled to receive the compensation provided for a majority of the members of the Legislature during the first 60 days of the preceding regular session, the per diem allowance provided for state officers and employees generally and the travel expenses provided pursuant to NRS 218.2207 for each day or portion of a day of attendance at a meeting of the Committee and while engaged in the business of the Committee.

 


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ê2009 Statutes of Nevada, Page 1570 (Chapter 348, AB 535)ê

 

for each day or portion of a day of attendance at a meeting of the Committee and while engaged in the business of the Committee. The salaries and expenses paid pursuant to this subsection and the expenses of the Committee must be paid from the Legislative Fund.

      10.  The Committee shall review the programs and activities of the Western Regional Water Commission. The review must include an analysis of potential consolidation of the retail distribution systems and facilities of all public purveyors in the planning area, which is described in section 22 of this act.

      11.  The Committee may:

      (a) Conduct investigations and hold hearings in connection with its powers pursuant to this section.

      (b) Direct the Legislative Counsel Bureau to assist in the study of issues related to oversight of the Western Regional Water Commission.

      12.  In conducting the investigations and hearings of the Committee:

      (a) The Secretary of the Committee or, in his absence, any member of the Committee may administer oaths.

      (b) The Secretary or Chairman of the Committee may cause the deposition of witnesses, residing either within or outside of the State, to be taken in the manner prescribed by rule of court for taking depositions in civil actions in the district courts.

      (c) The Chairman of the Committee may issue subpoenas to compel the attendance of witnesses and the production of books and papers.

      13.  If any witness refuses to attend or testify or produce any books and papers as required by the subpoena issued pursuant to this section, the Chairman of the Committee may report to the district court by petition, setting forth that:

      (a) Due notice has been given of the time and place of attendance of the witness or the production of the books and papers;

      (b) The witness has been subpoenaed by the Committee pursuant to this section; and

      (c) The witness has failed or refused to attend or produce the books and papers required by the subpoena before the Committee which is named in the subpoena, or has refused to answer questions propounded to him,

Ê and asking for an order of the court compelling the witness to attend and testify or produce the books and papers before the Committee.

      14.  Upon a petition pursuant to subsection 13, the court shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days after the date of the order, and to show cause why he has not attended or testified or produced the books or papers before the Committee. A certified copy of the order must be served upon the witness.

 


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ê2009 Statutes of Nevada, Page 1571 (Chapter 348, AB 535)ê

 

      15.  If it appears to the court that the subpoena was regularly issued by the Committee, the court shall enter an order that the witness appear before the Committee at the time and place fixed in the order and testify or produce the required books or papers. Failure to obey the order constitutes contempt of court.

      16.  Each witness who appears before the Committee by its order, except a state officer or employee, is entitled to receive for his attendance the fees and mileage provided for witnesses in civil cases in the courts of record of this State. The fees and mileage must be audited and paid upon the presentation of proper claims sworn to by the witness and approved by the Secretary and Chairman of the Committee.

      17.  On or before January 15 of each odd-numbered year, the Committee shall submit to the Director of the Legislative Counsel Bureau for transmittal to the Legislature a report concerning the review conducted pursuant to subsection 10 and any recommendations for legislation.

      Sec. 15.  This section and sections 11.2, 11.4, 11.6 and 13.5 of this act become effective upon passage and approval.

      2.  Sections 1 to 11, inclusive, and 12, 13 and 14 of this act become effective on July 1, 2009.

      3.  Section 14 of this act expires by limitation on July 1, 2013.

________

 

CHAPTER 349, AB 548

Assembly Bill No. 548–Committee on Ways and Means

 

CHAPTER 349

 

AN ACT relating to state financial administration; revising the manner of calculating the maximum fee per transaction for the use of a credit card, debit card or electronic transfer of money to make a payment to a state agency, local government or court; and providing other matters properly relating thereto.

 

[Approved: May 29, 2009]

 

Legislative Counsel’s Digest:

      Existing law limits the amount of any fee that may be charged by a state agency or local government for the use of a credit card, debit card or electronic transfer of money to make a payment to the state agency or local government to an amount not to exceed the cost to the state agency or local government for the transaction. (NRS 353.1465, 354.770) Sections 1 and 2 of this bill revise that limitation to allow each state agency and local government to aggregate these fees over the period of a fiscal year to determine the maximum amount that may be charged per transaction. Section 3 of this bill makes the same change to the limitation on the amount that a court may charge for the use of a credit card or debit card. This bill also clarifies that the fees charged by state agencies, local governments and the courts for the use of a credit card or debit card and by state agencies and local governments for the use of an electronic transfer of money are convenience fees.

 


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ê2009 Statutes of Nevada, Page 1572 (Chapter 349, AB 548)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 353.1465 is hereby amended to read as follows:

      353.1465  1.  Upon approval of the State Board of Finance, a state agency may enter into contracts with issuers of credit cards or debit cards or operators of systems that provide for the electronic transfer of money to provide for the acceptance of credit cards, debit cards or electronic transfers of money by the agency:

      (a) For the payment of money owed to the agency for taxes, interest, penalties or any other obligation; or

      (b) In payment for goods or services.

      2.  Before a state agency may enter into a contract pursuant to subsection 1, the agency must submit the proposed contract to the State Treasurer for his review and transmittal to the State Board of Finance.

      3.  Except as otherwise provided in subsection 4, if the issuer or operator charges the state agency a fee for each use of a credit card or debit card or for each electronic transfer of money, the state agency may require the cardholder or the person requesting the electronic transfer of money to pay a convenience fee [which] when appropriate and authorized. The total convenience fees charged by the state agency in a fiscal year must not exceed the total amount of fees charged to the state agency by the issuer or operator [.] in that fiscal year.

      4.  A state agency that is required to pay a fee charged by the issuer or operator for the use of a credit card or debit card or for an electronic transfer of money may, pursuant to NRS 353.148, file a claim with the Director of the Department of Administration for reimbursement of the fees paid to the issuer or operator during the immediately preceding quarter.

      5.  The Director of the Department of Administration shall adopt regulations providing for the submission of payments to state agencies pursuant to contracts authorized by this section. The regulations must not conflict with a regulation adopted pursuant to NRS 360.092 or 360A.020.

      6.  As used in this section:

      (a) “Cardholder” means the person or organization named on the face of a credit card or debit card to whom or for whose benefit the credit card or debit card is issued by an issuer.

      (b) “Convenience fee” means a fee paid by a cardholder or person requesting the electronic transfer of money to a state agency for the convenience of using the credit card or debit card or the electronic transfer of money to make such payment.

      (c) “Credit card” means any instrument or device, whether known as a credit card or credit plate or by any other name, issued with or without a fee by an issuer for the use of the cardholder in obtaining money, property, goods, services or anything else of value on credit.

      [(c)] (d) “Debit card” means any instrument or device, whether known as a debit card or by any other name, issued with or without a fee by an issuer for the use of the cardholder in depositing, obtaining or transferring funds.

 


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ê2009 Statutes of Nevada, Page 1573 (Chapter 349, AB 548)ê

 

      [(d)] (e) “Electronic transfer of money” has the meaning ascribed to it in NRS 463.01473.

      [(e)] (f) “Issuer” means a business organization, financial institution or authorized agent of a business organization or financial institution that issues a credit card or debit card.

      Sec. 2.  NRS 354.770 is hereby amended to read as follows:

      354.770  1.  A local government may enter into contracts with issuers of credit cards or debit cards, or operators of systems that provide for the electronic transfer of money to provide for the acceptance of credit cards, debit cards or electronic transfers of money by the local government:

      (a) For the payment of money owed to the local government for taxes, interest, penalties or any other obligation; or

      (b) In payment for goods or services.

      2.  If the issuer or operator charges the local government a fee for each use of a credit card or debit card or for each electronic transfer of money, the local government may require the cardholder or the person requesting the electronic transfer of money to pay a convenience fee [, which] when appropriate and authorized. The total convenience fees charged by the local government in a fiscal year must not exceed the total amount of fees charged to the local government by the issuer or operator [.] in that fiscal year.

      3.  As used in this section:

      (a) “Cardholder” means the person or organization named on the face of a credit card or debit card to whom or for whose benefit the credit card or debit card is issued by an issuer.

      (b) “Convenience fee” means a fee paid by a cardholder or person requesting the electronic transfer of money to a local government for the convenience of using the credit card or debit card or the electronic transfer of money to make such payment.

      (c) “Credit card” means any instrument or device, whether known as a credit card or credit plate, or by any other name, issued with or without a fee by an issuer for the use of the cardholder in obtaining money, property, goods, services or anything else of value on credit.

      [(c)] (d) “Debit card” means any instrument or device, whether known as a debit card or by any other name, issued with or without a fee by an issuer for the use of the cardholder in depositing, obtaining or transferring funds.

      [(d)] (e) “Electronic transfer of money” has the meaning ascribed to it in NRS 463.01473.

      [(e)] (f) “Issuer” means a business organization, financial institution or authorized agent of a business organization or financial institution that issues a credit card or debit card.

      [(f)] (g) “Local government” has the meaning ascribed to it in NRS 354.474, except that the term does not include a court that has entered into a contract pursuant to NRS 1.113.

      Sec. 3.  NRS 1.113 is hereby amended to read as follows:

      1.113  1.  A court in this State may enter into contracts with issuers of credit cards or debit cards to provide for the acceptance of credit cards or debit cards by the court for the payment of money owed to the court for a fee, fine, administrative assessment, restitution or any other charge owed to the court.

 


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ê2009 Statutes of Nevada, Page 1574 (Chapter 349, AB 548)ê

 

      2.  If the issuer charges the court a fee for each use of a credit card or debit card, the court may require the cardholder to pay a convenience fee. The [fee] total convenience fees charged by the court in a fiscal year must not exceed the total amount of fees charged to the court by the issuer [for the use of the card.] in that fiscal year.

      3.  As used in this section:

      (a) “Cardholder” means the person or organization named on the face of a credit card or debit card to whom or for whose benefit the credit card or debit card is issued by an issuer.

      (b) “Convenience fee” means a fee paid by a cardholder to a court for the convenience of using a credit card or debit card to make a payment to the court.

      (c) “Credit card” means any instrument or device, whether known as a credit card or credit plate, or by any other name, issued with or without a fee by an issuer for the use of the cardholder in obtaining money, property, goods, services or anything else of value on credit.

      [(c)] (d) “Debit card” means any instrument or device, whether known as a debit card or by any other name, issued with or without a fee by an issuer for the use of the cardholder in depositing, obtaining or transferring funds.

      [(d)] (e) “Issuer” means a business organization, financial institution or authorized agent of a business organization or financial institution that issues a credit card or debit card.

      Sec. 4.  This act becomes effective on July 1, 2009.

________

 


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ê2009 Statutes of Nevada, Page 1575ê

 

CHAPTER 350, SB 41

Senate Bill No. 41–Committee on Finance

 

CHAPTER 350

 

AN ACT relating to public retirement systems; requiring public employers that participate in the Public Employees’ Retirement System to select a liaison officer to certify records and coordinate certain matters between the System and members or public employers; clarifying provisions relating to the penalty that is assessed against a participating public employer for failing to file payroll reports or remit public employer contributions in a timely manner; providing a deadline for certain justices of the peace and municipal judges who are members of the System to withdraw from the System and become members of the Judicial Retirement Plan; and providing other matters properly relating thereto.

 

[Approved: May 29, 2009]

 

Legislative Counsel’s Digest:

      Existing law provides that public employers or groups of public employers that participate in the Public Employees’ Retirement System may select employees to act as liaison officers to certify records and coordinate matters pertaining to retirement between the System and members or participating public employers. (NRS 286.288) Section 1 of this bill makes the selection of such liaison officers mandatory and not permissive.

      Existing law provides for the immediate assessment of a penalty against a public employer for failing to file payroll reports or remit public employer contributions in a timely manner. (NRS 286.460) Section 2 of this bill clarifies that the penalty must be calculated based on the most recent payroll report submitted to the System by the delinquent public employer.

      Existing law authorizes a justice of the peace or municipal judge to choose to participate in the Judicial Retirement Plan if the governing body of the applicable local government allows the justices or judges to participate in the Plan. If a justice of the peace or municipal judge is a member of the System on the date that he chooses to participate in the Plan, he must give written notice to the Public Employees’ Retirement Board of his intention to withdraw from the System and to become a member of the Plan. (NRS 1A.285) Section 3 of this bill requires that such written notice be received by the Board by March 31 of the year immediately following the year in which the justice of the peace or municipal judge was elected or within 90 days after his appointment, as the case may be. Section 4 of this bill provides that a person who, on July 1, 2009, is a justice of the peace or a municipal judge, as applicable, of a local government that has chosen to allow such persons to participate in the Plan has until October 1, 2009, to submit written notice to the Board of his intention to withdraw from the System and become a member of the Plan.

 

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 286.288 is hereby amended to read as follows:

      286.288  [Any] Each participating public employer or group of such employers [may] shall select an employee as liaison officer to certify records and coordinate matters pertaining to retirement between the System and members or participating public employers. The System is responsible for any inaccurate or misleading information provided to any person or agency by an officer or employee of the System [,] but is not responsible for inaccurate or misleading information provided by an officer or employee of a participating public employer or any other person.

 


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ê2009 Statutes of Nevada, Page 1576 (Chapter 350, SB 41)ê

 

any inaccurate or misleading information provided to any person or agency by an officer or employee of the System [,] but is not responsible for inaccurate or misleading information provided by an officer or employee of a participating public employer or any other person.

      Sec. 2.  NRS 286.460 is hereby amended to read as follows:

      286.460  1.  Each participating public employer which pays compensation to its officers or employees in whole or in part from money received from sources other than money appropriated from the State General Fund [,] shall pay public employer contributions, or the proper portion thereof, to the System from the money of the department, board, commission or agency.

      2.  Public employer contributions for compensation paid from the State General Fund must be paid directly by each department, board, commission or other agency concerned, and allowance therefor must be made in the appropriation made for each department, board, commission or other state agency.

      3.  All participating public employers that are required to make payments pursuant to this section shall file payroll reports not later than 15 days after the end of the reporting period, together with the remittance of the amount due [to] the System. The 15-day limit is extended 1 working day for each legal holiday that falls within the 15-day period and is officially recognized by the public employer.

      4.  Payroll reports must contain accurate payroll information and be filed in a form prescribed by the Board. If the payroll reports are not filed or the amounts due are not remitted within the time provided, a penalty on the unpaid balance due must be assessed at a rate of 4 percent more than the prime rate of interest as published in the Wall Street Journal (Western Edition) for the first date the payment or report becomes delinquent. For purposes of calculating the penalty on the unpaid balance due, the unpaid balance due must be calculated based on the most recent payroll report submitted to the System by the public employer.

      5.  A notice of the penalty assessed must be mailed by certified mail to the chief administrator of the delinquent public employer. The public employer shall pay the assessment within 90 days after receipt of the notice or an additional penalty of 1 percent of the assessment per month must be imposed until paid. Refusal or failure by the public employer to pay the assessment within 12 months after receipt is a misdemeanor on the part of the chief administrator of the delinquent public employer. The [Retirement] Board may accept, no later than 30 days after the notice is received, an appeal from a public employer for waiver or reduction of a penalty assessed on account of extenuating circumstances and make any adjustment it deems necessary.

      6.  Except as otherwise required as a result of NRS 286.537, upon notification that a current employee was not properly enrolled in the System by the public employer, the public employer shall pay within 90 days all the employee and employer contributions and the interest that is due as computed by the System from the first day the employee was eligible for membership. The public employer is entitled to recover from the employee the employee contributions and interest thereon.

      7.  As used in this section, “reporting period” means the calendar month for which members’ compensation and service credits are reported and certified by participating public employers. Compensation paid during each month must be reported separately, and retroactive salary increases must be identified separately for each month to which they apply.

 


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ê2009 Statutes of Nevada, Page 1577 (Chapter 350, SB 41)ê

 

month must be reported separately, and retroactive salary increases must be identified separately for each month to which they apply.

      Sec. 3.  NRS 1A.285 is hereby amended to read as follows:

      1A.285  1.  A justice of the peace or municipal judge may participate in the Judicial Retirement Plan if:

      (a) The board of county commissioners elects to allow the justices of the peace of the county or the city council elects to allow the municipal judges of the city to participate in the Judicial Retirement Plan; and

      (b) The justice of the peace or the municipal judge elects to participate in the Judicial Retirement Plan and submits written notice to the Board of his intention to withdraw from the Public Employees’ Retirement System and become a member of the Judicial Retirement Plan. Such notice must be given to the Board within the time set forth in subsection 2 and, except as otherwise provided in subsection 3, must be given the first time that the justice of the peace or municipal judge is elected or appointed while he is a member of the Public Employees’ Retirement System.

      2.  Except as otherwise provided in subsection 3, written notice given pursuant to paragraph (b) of subsection 1 must be received by the Board:

      (a) If the justice of the peace or municipal judge is elected, by March 31 of the year immediately following the year in which he was elected; or

      (b) If the justice of the peace or municipal judge is appointed, within 90 days after his appointment.

      3.  A justice of the peace or municipal judge who is a member of the Public Employees’ Retirement System on the date that the board of county commissioners or city council elects to allow justices of the peace or municipal judges to participate in the Judicial Retirement Plan has 90 days following such date to submit written notice to the Board of his intention to withdraw from the Public Employees’ Retirement System and become a member of the Judicial Retirement Plan.

      4.  Each justice of the peace or municipal judge who is allowed and who elects to participate in the Judicial Retirement Plan pursuant to this section must receive benefits for retirement, benefits for disability and survivor benefits under the Judicial Retirement Plan, if eligible to receive such benefits under the Judicial Retirement Plan.

      [3.] 5.  If the board of county commissioners rescinds its election to allow the justices of the peace of the county or the city council rescinds its election to allow the municipal judges of the city to participate in the Judicial Retirement Plan, any justice of the peace or municipal judge who elected to participate in the Judicial Retirement Plan before the effective date of the rescission is entitled to continue to participate in the Judicial Retirement Plan.

      [4.  A justice of the peace or municipal judge who is a member of the Public Employees’ Retirement System established pursuant to chapter 286 of NRS on the date that he elects to participate in the Judicial Retirement Plan must give written notice to the Board of his intention to withdraw from the Public Employees’ Retirement System and to become a member of the Judicial Retirement Plan.

      5.] 6.  If the Board receives proper notice pursuant to this section that a justice of the peace or municipal judge intends to withdraw from the Public Employees’ Retirement System [,] and become a member of the Judicial Retirement Plan, it shall transfer from the Public Employees’ Retirement Fund to the Judicial Retirement Plan the accrued actuarial liability and credit for service earned by the justice or judge while a member of the Public Employees’ Retirement System as determined by an actuary of the [Judicial Retirement] System.

 


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ê2009 Statutes of Nevada, Page 1578 (Chapter 350, SB 41)ê

 

Fund to the Judicial Retirement Plan the accrued actuarial liability and credit for service earned by the justice or judge while a member of the Public Employees’ Retirement System as determined by an actuary of the [Judicial Retirement] System. The service so transferred must be accredited under the Judicial Retirement Plan as if performed in the Public Employees’ Retirement System.

      [6.] 7.  A justice of the peace or municipal judge who exercises the option granted by this section may not reestablish the service for which the liabilities were transferred.

      [7.] 8.  No justice of the peace or municipal judge or survivor of a justice of the peace or municipal judge may receive benefits under both this chapter and chapter 286 of NRS.

      [8.] 9.  A justice of the peace or municipal judge or survivor of a justice of the peace or municipal judge who is receiving a retirement allowance from the Public Employees’ Retirement System on July 1, 2005, is not eligible for transfer to the Judicial Retirement Plan.

      Sec. 4.  A person who, on July 1, 2009, is a member of the Public Employees’ Retirement System, is not receiving a retirement allowance from the System and:

      1.  Is a justice of the peace in a county that has elected to allow the justices of the peace of the county to participate in the Judicial Retirement Plan; or

      2.  Is a municipal judge in a city that has elected to allow municipal judges of the city to participate in the Judicial Retirement Plan,

Ê may elect to participate in the Judicial Retirement Plan if he gives written notice to the Public Employees’ Retirement Board of his intention to withdraw from the System and become a member of the Judicial Retirement Plan. Such notice must be given to the Board by October 1, 2009.

      Sec. 5.  This act becomes effective on July 1, 2009.

________

 


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ê2009 Statutes of Nevada, Page 1579ê

 

CHAPTER 351, SB 103

Senate Bill No. 103–Committee on Legislative Operations and Elections

 

CHAPTER 351

 

AN ACT relating to the Public Employees’ Benefits Program; making various changes relating to the Program; and providing other matters properly relating thereto.

 

[Approved: May 29, 2009]

 

Legislative Counsel’s Digest:

      Existing law prescribes certain requirements relating to the reinstatement by a retired public officer or employee, or surviving spouse thereof, of coverage under the health insurance plan of his last public employer. (NRS 287.0475) Sections 2 and 16 of this bill bifurcate the reinstatement requirements such that section 2 contains the requirements for retirees of local governments to reinstate coverage under the plans of their former local governmental employer and section 16 contains the requirements for retirees of the State to reinstate coverage under the Public Employees’ Benefits Program.

      Under existing law, the former local governmental employer of a retiree who participates in the Public Employees’ Benefits Program is required to pay a portion of the cost of coverage of the retiree under the Program, known as a subsidy, based on the number of years of service of the retiree with the local government. (NRS 287.023) Section 4 of this bill revises the standard for determining the eligibility of a retiree of a local government to continue coverage upon retirement. Section 18 of this bill deems retired officers and employees of local governments who were covered under the Program for the period beginning on October 1, 2003, and ending on June 30, 2009, to have satisfied this revised standard.

      If a subsidy required to be paid by a local government to the Program for coverage of one of its retirees is delinquent by more than 90 days under existing law, the Program is authorized to request that an amount equal to the delinquent payment be withheld from the next distribution of the Local Government Tax Distribution Account to which the local government is entitled. (NRS 354.671) In addition to that remedy, section 3 of this bill specifically authorizes the Program to bring an action in court to recover such delinquent payments and any penalties and late fees assessed by the Program on such payments. Section 17 of this bill makes that authority applicable retroactively to allow the Program to bring actions to recover payments that were delinquent for at least 90 days on or after October 1, 2003, and to recover any penalties or late fees that were assessed by the Program on such payments.

      Under existing law, a local government has the option of entering into a contract with the Program to obtain coverage for its officers and employees under the Program. (NRS 287.025) Section 5 of this bill clarifies that this option is available to a local governmental employer only if the local governmental employer agrees to obtain coverage under the Program for all of its officers and employees and their dependents, except for certain employees who are excluded based on their participation in certain other plans. Sections 9 and 14 of this bill contain similar conforming clarifications. (NRS 287.043, 287.045)

      The Executive Officer of the Public Employees’ Benefits Program is currently authorized to appoint certain specified personnel, who are in the unclassified service. (NRS 287.0426) Section 8 of this bill eliminates the references to the specific titles of those personnel and instead authorizes the Executive Officer to appoint such officers and employees in the unclassified service as are necessary for the administration of the Program.

 


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ê2009 Statutes of Nevada, Page 1580 (Chapter 351, SB 103)ê

 

      Under existing law, the coverage of a retiree under the Program terminates if his former local governmental employer terminates its contract for coverage with the Program. (NRS 287.043) Local governmental retirees who were enrolled in the Program on November 30, 2008, received grandfather rights to retain coverage under the Program despite the cancellation by their former employer of its contract with the Program after that date. (Section 15 of Chapter 496, Statutes of Nevada 2007, p. 2882) Section 9 of this bill clarifies the existing law relating to such a termination of coverage to specifically exclude its applicability to retirees who hold those grandfather rights. Section 9 also clarifies the authority of the Board of the Program to adopt regulations, including regulations relating to the coverage provided by the Program to active and retired officers and employees of local governments. Section 19 of this bill ratifies any regulations adopted by the Board on or after October 1, 2003, as conforming to the statutory authority of the Board on the date of their adoption. In addition, section 9 requires the Board to adopt regulations relating to the procedures for: (1) payments by local governments of the subsidies for coverage of their retirees under the Program; and (2) termination of such coverage as a result of delinquent subsidy payments.

      Effective November 1, 2009, section 10 of this bill eliminates the requirement that the Program offer a flexible benefit plan to participants in the Program who are provided coverage under Medicare. (NRS 287.043)

      Section 11 of this bill clarifies that money received by the Program for the purpose of offsetting the costs of providing coverage to current and future state retirees is required to be deposited in the State Retirees’ Health and Welfare Benefits Fund instead of the Fund for the Public Employees’ Benefits Program. (NRS 287.0435, 287.04362)

      Under existing law, a state agency is required to pay to the Program a certain portion of the cost of coverage under the Program for each state officer or employee of that state agency who participates in the Program. State officers and employees are required to authorize deductions from their compensation for the remaining portion of the costs of coverage. (NRS 287.046) In addition, existing law authorizes the payment by state agencies, within the limits set biennially by law, of a portion of the costs of coverage for their officers and employees under the Program from authorized or appropriated money. (NRS 287.044) Section 13 of this bill gives the Board of the Program the authority to allocate money paid by participating state agencies for the costs of coverage under the Program between officers and employees and their dependents. Section 13 also consolidates the requirements relating to the payment of the costs of coverage for active state officers and employees under the Program. As a result of this consolidation, section 15 only addresses the payment of costs of coverage for state retirees under the Program. For the purposes of calculating the amount of the subsidy for the coverage of a state retiree under the Program, section 15 also expands the prohibition against the proration of any year of service from years of state service to years of service by the retiree with a local governmental employer.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 287 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  1.  A public officer or employee of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada who has retired pursuant to NRS 1A.350 or 1A.480, or 286.510 or 286.620, or is enrolled in a retirement program provided pursuant to NRS 286.802, or the surviving spouse of such a retired public officer or employee who is deceased may, in any even-numbered year, reinstate any insurance, except life insurance, that, at the time of reinstatement, is provided by the last public employer of the retired public officer or employee to the active officers and employees and their dependents of that public employer:

 


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ê2009 Statutes of Nevada, Page 1581 (Chapter 351, SB 103)ê

 

that, at the time of reinstatement, is provided by the last public employer of the retired public officer or employee to the active officers and employees and their dependents of that public employer:

      (a) Pursuant to NRS 287.010, 287.015, 287.020 or paragraph (b), (c) or (d) of subsection 1 of NRS 287.025; or

      (b) Under the Program, if the last public employer of the retired officer or employee participates in the Program pursuant to paragraph (a) of subsection 1 of NRS 287.025.

      2.  Reinstatement pursuant to paragraph (a) of subsection 1 must be requested by:

      (a) Giving written notice of his intent to reinstate the insurance to the last public employer of the public officer or employee not later than January 31 of an even-numbered year;

      (b) Accepting the public employer’s current program or plan of insurance and any subsequent changes thereto; and

      (c) Paying any portion of the premiums or contributions of the public employer’s program or plan of insurance, in the manner set forth in NRS 1A.470 or 286.615, which are due from the date of reinstatement and not paid by the public employer.

Ê The last public employer shall give the insurer notice of the reinstatement not later than March 31 of the year in which the public officer or employee or surviving spouse gives notice of his intent to reinstate the insurance.

      3.  Reinstatement pursuant to paragraph (b) of subsection 1 must be requested pursuant to NRS 287.0475.

      4.  Reinstatement of insurance pursuant to subsection 1 excludes claims for expenses for any condition for which medical advice, treatment or consultation was rendered within 12 months before reinstatement unless the reinstated insurance has been in effect more than 12 consecutive months.

      5.  The last public employer of a retired officer or employee who reinstates insurance, except life insurance, which was provided to him and his dependents at the time of his retirement pursuant to NRS 287.010, 287.015, 287.020 or paragraph (b), (c) or (d) of subsection 1 of NRS 287.025 shall, for the purpose of establishing actuarial data to determine rates and coverage for such persons, commingle the claims experience of such persons with the claims experience of active and retired officers and employees and their dependents who participate in that group insurance, plan of benefits or medical and hospital service.

      Sec. 3.  1.  In addition to the procedure set forth in NRS 354.671, if a local governmental agency is delinquent by more than 90 days on an amount due to the Program pursuant to paragraph (b) of subsection 4 of NRS 287.023 or any penalty or late fee authorized to be assessed by the Program on such an amount, the Program may bring an action to recover those amounts in a district court of this State. The action must be brought within 6 years after the date on which the payment, penalty or late fee was delinquent for more than 90 days.

      2.  In such an action, a certificate issued by the Program documenting the amount of the delinquent payment and any penalty or late fee and the length of their delinquency is prima facie evidence of:

      (a) The amount of the delinquent payment, penalty or late fee;

      (b) The period of the delinquency; and

 


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ê2009 Statutes of Nevada, Page 1582 (Chapter 351, SB 103)ê

 

      (c) Compliance by the Program with all the procedures required by law relating to the computation and determination of the amounts due.

      Sec. 4.  NRS 287.023 is hereby amended to read as follows:

      287.023  1.  Whenever an officer or employee of the governing body of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada retires under the conditions set forth in NRS 1A.350 or 1A.480, or 286.510 or 286.620 and, [at the time of his retirement,] during the period in which he served as an officer or employee, was eligible to be covered or had [his] dependents who were eligible to be covered by any group insurance, plan of benefits or medical and hospital service established pursuant to NRS 287.010, 287.015, 287.020 or paragraph (b), (c) or (d) of subsection 1 of NRS 287.025 or under the Public Employees’ Benefits Program pursuant to paragraph (a) of subsection 1 of NRS 287.025, the officer or employee has the option upon retirement to cancel or continue any such coverage to the extent that such coverage is not provided to him or a dependent by the Health Insurance for the Aged Act, 42 U.S.C. §§ 1395 et seq.

      2.  A retired person who continues coverage under the Public Employees’ Benefits Program shall assume the portion of the premium or contribution costs for the coverage which the governing body or the State does not pay on behalf of retired officers or employees. A dependent of such a retired person has the option, which may be exercised to the same extent and in the same manner as the retired person, to cancel or continue coverage in effect on the date the retired person dies. The dependent is not required to continue to receive retirement payments from the Public Employees’ Retirement System to continue coverage.

      3.  Notice of the selection of the option must be given in writing to the last public employer of the officer or employee within 60 days after the date of retirement or death, as the case may be. If no notice is given by that date, the retired officer or employee and his dependents shall be deemed to have selected the option to cancel the coverage for the group insurance, plan of benefits or medical and hospital service established pursuant to NRS 287.010, 287.015, 287.020 or paragraph (b), (c) or (d) of subsection 1 of NRS 287.025 or coverage under the Public Employees’ Benefits Program pursuant to paragraph (a) of subsection 1 of NRS 287.025.

      4.  The governing body of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of this State:

      (a) May pay the cost, or any part of the cost, of coverage established pursuant to NRS 287.010, 287.015 or 287.020 or paragraph (b), (c) or (d) of subsection 1 of NRS 287.025 for persons who continue that coverage pursuant to subsection 1, but it must not pay a greater portion than it does for its current officers and employees.

      (b) Shall pay the same portion of the cost of coverage under the Public Employees’ Benefits Program for retired persons who [continue coverage] are covered under the Public Employees’ Benefits Program pursuant to subsection 1 or who subsequently reinstate coverage under the Public Employees’ Benefits Program pursuant to NRS 287.0475, as the State pays pursuant to subsection [2] 1 of NRS 287.046 for persons retired [from] with state service who [have continued to] participate in the Public Employees’ Benefits Program.

 


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ê2009 Statutes of Nevada, Page 1583 (Chapter 351, SB 103)ê

 

      5.  The governing body of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of this State shall, for the purpose of establishing actuarial data to determine rates and coverage for persons who continue coverage for group insurance, a plan of benefits or medical and hospital service with the governing body pursuant to subsection 1, commingle the claims experience of those persons with the claims experience of active officers and employees and their dependents who participate in the group insurance, a plan of benefits or medical and hospital service.

      Sec. 5.  NRS 287.025 is hereby amended to read as follows:

      287.025  1.  The governing body of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada may, in addition to the other powers granted in NRS 287.010, 287.015 and 287.020:

      (a) Negotiate and contract with the Board of the Public Employees’ Benefits Program to secure exclusive group insurance for all of its officers and employees and their dependents , except as otherwise provided in sub-subparagraph (III) of subparagraph (2) of paragraph (h) of subsection 2 of NRS 287.043, by participation in the Public Employees’ Benefits Program.

      (b) Negotiate and contract with another county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada to secure group insurance for its officers and employees and their dependents by participation in any group insurance plan established or to be established by the other local governmental agency.

      (c) To secure group health, life or workers’ compensation insurance for its officers and employees and their dependents, participate as a member of a nonprofit cooperative association or nonprofit corporation that has been established in this State to secure such insurance for its members from an insurer licensed pursuant to the provisions of title 57 of NRS.

      (d) In addition to the provisions of paragraph (c), participate as a member of a nonprofit cooperative association or nonprofit corporation that has been established in this State to:

            (1) Facilitate contractual arrangements for the provision of medical services to its members’ officers and employees and their dependents and for related administrative services.

            (2) Procure health-related information and disseminate that information to its members’ officers and employees and their dependents.

      2.  Each contract negotiated pursuant to paragraph (a) or (b) of subsection 1:

      (a) Must be submitted to the Commissioner of Insurance for approval not less than 30 days before the date on which the contract is to become effective.

      (b) Does not become effective unless approved by the Commissioner of Insurance.

      (c) Shall be deemed to be approved if not disapproved by the Commissioner within 30 days after its submission.

      Sec. 6.  NRS 287.040 is hereby amended to read as follows:

      287.040  The provisions of NRS 287.010 to 287.040, inclusive, and section 2 of this act do not make it compulsory upon any governing body of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada, except as otherwise provided in NRS 287.021 or subsection 4 of NRS 287.023 or in an agreement entered into pursuant to subsection 3 of NRS 287.015, to pay any premiums, contributions or other costs for group insurance, a plan of benefits or medical or hospital services established pursuant to NRS 287.010, 287.015, 287.020 or paragraph

 


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ê2009 Statutes of Nevada, Page 1584 (Chapter 351, SB 103)ê

 

Nevada, except as otherwise provided in NRS 287.021 or subsection 4 of NRS 287.023 or in an agreement entered into pursuant to subsection 3 of NRS 287.015, to pay any premiums, contributions or other costs for group insurance, a plan of benefits or medical or hospital services established pursuant to NRS 287.010, 287.015, 287.020 or paragraph (b), (c) or (d) of subsection 1 of NRS 287.025, for coverage under the Public Employees’ Benefits Program, or to make any contributions to a trust fund established pursuant to NRS 287.017, or upon any officer or employee of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of this State to accept any such coverage or to assign his wages or salary in payment of premiums or contributions therefor.

      Sec. 7.  NRS 287.0402 is hereby amended to read as follows:

      287.0402  As used in NRS 287.0402 to 287.049, inclusive, and section 3 of this act, unless the context otherwise requires, the words and terms defined in NRS 287.0404 to 287.04064, inclusive, have the meanings ascribed to them in those sections.

      Sec. 8.  NRS 287.0426 is hereby amended to read as follows:

      287.0426  1.  The Executive Officer may [appoint a Quality Control Officer, Operations Officer, Chief Financial Officer, Information Technology Systems Officer and Executive Assistant,] , within the limits of legislative appropriations and other available money, appoint such officers and employees as are necessary for the administration of the Program, who are in the unclassified service of the State and serve at the pleasure of the Executive Officer. The appointment and dismissal of [the Quality Control Officer] an officer in charge of quality control are subject to the approval of the Board.

      2.  [The Quality Control Officer, Operations Officer, Chief Financial Officer and Information Technology Systems Officer] Each officer appointed pursuant to subsection 1 who is placed in charge of quality control, operations, finance or information technology must [each] be a graduate of a 4-year college or university with a degree that is appropriate to their respective responsibilities or possess equivalent experience as determined by the Board.

      3.  [The Quality Control Officer, Operations Officer, Chief Financial Officer, Information Technology Systems Officer and Executive Assistant] Officers and employees appointed pursuant to subsection 1 are entitled to annual salaries fixed by the Board. The salaries of these officers and employees are exempt from the limitations set forth in NRS 281.123.

      4.  The Executive Officer may employ such staff in the classified service of the State as are necessary for the performance of his duties, within limits of legislative appropriations or other available money.

      Sec. 9.  NRS 287.043 is hereby amended to read as follows:

      287.043  1.  The Board shall:

      (a) Establish and carry out a program to be known as the Public Employees’ Benefits Program which:

            (1) Must include:

                  (I) A program relating to group life, accident or health insurance, or any combination of these; and

                  (II) A plan that offers flexibility in benefits for participants in the Program who are provided coverage by the Health Insurance for the Aged Act, 42 U.S.C. §§ 1395 et seq., and for which the rates must be based only on the experience of the participants in the plan and not in combination with the experience of participants in any other plan offered under the Program; and

 


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ê2009 Statutes of Nevada, Page 1585 (Chapter 351, SB 103)ê

 

on the experience of the participants in the plan and not in combination with the experience of participants in any other plan offered under the Program; and

            (2) May include:

                  (I) A plan that offers flexibility in benefits, and for which the rates must be based only on the experience of the participants in the plan and not in combination with the experience of participants in any other plan offered under the Program; or

                  (II) A program to reduce taxable compensation or other forms of compensation other than deferred compensation,

Ê for the benefit of all state officers and employees and other persons who participate in the Program.

      (b) Ensure that the Program is funded on an actuarially sound basis and operated in accordance with sound insurance and business practices.

      2.  In establishing and carrying out the Program, the Board shall:

      (a) For the purpose of establishing actuarial data to determine rates and coverage for active and retired state officers and employees and their dependents, commingle the claims experience of such active and retired officers and employees and their dependents for whom the Program provides primary health insurance coverage into a single risk pool.

      (b) Except as otherwise provided in this paragraph, negotiate and contract pursuant to paragraph (a) of subsection 1 of NRS 287.025 with the governing body of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada that wishes to obtain exclusive group insurance for all of its active and retired officers and employees and their dependents , except as otherwise provided in sub-subparagraph (III) of subparagraph (2) of paragraph (h) of subsection 2, by participation in the Program. The Board shall establish separate rates and coverage for active and retired officers and employees of those local governmental agencies and their dependents based on actuarial reports that commingle the claims experience of such active and retired officers and employees and their dependents for whom the Program provides primary health insurance coverage into a single risk pool.

      (c) Except as otherwise provided in paragraph (d), provide public notice in writing of any proposed changes in rates or coverage to each participating public agency that may be affected by the changes. Notice must be provided at least 30 days before the effective date of the changes.

      (d) If a proposed change is a change in the premium or contribution charged for, or coverage of, health insurance, provide written notice of the proposed change to all participants in the Program. The notice must be provided at least 30 days before the date on which a participant in the Program is required to select or change his policy of health insurance.

      (e) Purchase policies of life, accident or health insurance, or any combination of these, or, if applicable, a program to reduce the amount of taxable compensation pursuant to 26 U.S.C. § 125, from any company qualified to do business in this State or provide similar coverage through a plan of self-insurance established pursuant to NRS 287.0433 for the benefit of all eligible participants in the Program.

      (f) Except as otherwise provided in this title, develop and establish other employee benefits as necessary.

      (g) Investigate and approve or disapprove any contract proposed pursuant to NRS 287.0479.

 


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ê2009 Statutes of Nevada, Page 1586 (Chapter 351, SB 103)ê

 

      (h) Adopt such regulations and perform such other duties as are necessary to carry out the provisions of NRS [287.0402 to 287.049,] 287.010 to 287.245, inclusive, and sections 2 and 3 of this act, including, without limitation, the establishment of:

            (1) Fees for applications for participation in the Program and for the late payment of premiums or contributions;

            (2) Conditions for entry and reentry into and exit from the Program by local governmental agencies pursuant to paragraph (a) of subsection 1 of NRS 287.025, which:

                  (I) Must include a minimum period of 4 years of participation for entry into the Program;

                  (II) Must include a requirement that participation of any retired officers and employees of the local governmental agency whose last continuous period of enrollment with the Program began after November 30, 2008, terminates upon termination of the local governmental agency’s contract with the Program; and

                  (III) May allow for the exclusion of active and retired officers and employees of the local governmental agency who are eligible for health coverage from a health and welfare plan or trust that arose out of collective bargaining under chapter 288 of NRS or a trust established pursuant to 29 U.S.C. § 186;

            (3) Procedures by which a group of participants in the Program may leave the Program pursuant to NRS 287.0479 and conditions and procedures for reentry into the Program by those participants; [and]

            (4) Specific procedures for the determination of contested claims [.] ;

            (5) Procedures for review and notification of the termination of coverage of persons pursuant to paragraph (b) of subsection 4 of NRS 287.023; and

            (6) Procedures for the payments that are required to be made pursuant to paragraph (b) of subsection 4 of NRS 287.023.

      (i) Appoint an independent certified public accountant. The accountant shall:

            (1) Provide an annual audit of the Program; and

            (2) Report to the Board and the Interim Retirement and Benefits Committee of the Legislature created pursuant to NRS 218.5373.

      (j) Appoint an attorney who specializes in employee benefits. The attorney shall:

            (1) Perform a biennial review of the Program to determine whether the Program complies with federal and state laws relating to taxes and employee benefits; and

            (2) Report to the Board and the Interim Retirement and Benefits Committee of the Legislature created pursuant to NRS 218.5373.

      3.  The Board shall submit an annual report regarding the administration and operation of the Program to the Director of the Legislative Counsel Bureau for transmittal to the appropriate committees of the Legislature, or to the Legislative Commission when the Legislature is not in regular session, for acceptance or rejection not more than 6 months before the Board establishes rates and coverage for participants for the following plan year. The report must include, without limitation:

      (a) Detailed financial results for the Program for the preceding plan year, including, without limitation, identification of the sources of revenue for the Program and a detailed accounting of expenses which are segregated by each type of benefit offered by the Program, and administrative costs.

 


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ê2009 Statutes of Nevada, Page 1587 (Chapter 351, SB 103)ê

 

Program and a detailed accounting of expenses which are segregated by each type of benefit offered by the Program, and administrative costs. The results must be provided separately concerning:

            (1) Participants who are active and retired state officers and employees and their dependents;

            (2) All participants in the Program other than those described in subparagraph (1); and

            (3) Within the groups described in subparagraphs (1) and (2), active participants, retired participants for which the Program provides primary health insurance coverage and retired participants in the Program who are provided coverage for medical or hospital service, or both, by the Health Insurance for the Aged Act, 42 U.S.C. §§ 1395 et seq., or a plan that provides similar coverage.

      (b) An assessment of actuarial accuracy and reserves for the current plan year and the immediately preceding plan year.

      (c) A summary of the plan design for the current plan year, including, without limitation, information regarding rates and any changes in the vendors with which the Program has entered into contracts, and a comparison of the plan design for the current plan year to the plan design for the immediately preceding plan year. The information regarding rates provided pursuant to this paragraph must set forth the costs for participation in the Program paid by participants and employers on a monthly basis.

      (d) A description of all written communications provided generally to all participants by the Program during the preceding plan year.

      (e) A discussion of activities of the Board concerning purchasing coalitions.

      4.  The Board may use any services provided to state agencies and shall use the services of the Purchasing Division of the Department of Administration to establish and carry out the Program.

      5.  The Board may make recommendations to the Legislature concerning legislation that it deems necessary and appropriate regarding the Program.

      6.  A participating public agency is not liable for any obligation of the Program other than indemnification of the Board and its employees against liability relating to the administration of the Program, subject to the limitations specified in NRS 41.0349.

      7.  As used in this section, “employee benefits” includes any form of compensation provided to a public employee except federal benefits, wages earned, legal holidays, deferred compensation and benefits available pursuant to chapter 286 of NRS.

      Sec. 10.  NRS 287.043 is hereby amended to read as follows:

      287.043  1.  The Board shall:

      (a) Establish and carry out a program to be known as the Public Employees’ Benefits Program which:

            (1) Must include [:

                  (I) A] a program relating to group life, accident or health insurance, or any combination of these; and

                  [(II) A plan that offers flexibility in benefits for participants in the Program who are provided coverage by the Health Insurance for the Aged Act, 42 U.S.C. §§ 1395 et seq., and for which the rates must be based only on the experience of the participants in the plan and not in combination with the experience of participants in any other plan offered under the Program; and]

 


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ê2009 Statutes of Nevada, Page 1588 (Chapter 351, SB 103)ê

 

            (2) May include:

                  (I) A plan that offers flexibility in benefits, and for which the rates must be based only on the experience of the participants in the plan and not in combination with the experience of participants in any other plan offered under the Program; or

                  (II) A program to reduce taxable compensation or other forms of compensation other than deferred compensation,

Ê for the benefit of all state officers and employees and other persons who participate in the Program.

      (b) Ensure that the Program is funded on an actuarially sound basis and operated in accordance with sound insurance and business practices.

      2.  In establishing and carrying out the Program, the Board shall:

      (a) For the purpose of establishing actuarial data to determine rates and coverage for active and retired state officers and employees and their dependents, commingle the claims experience of such active and retired officers and employees and their dependents for whom the Program provides primary health insurance coverage into a single risk pool.

      (b) Except as otherwise provided in this paragraph, negotiate and contract pursuant to paragraph (a) of subsection 1 of NRS 287.025 with the governing body of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada that wishes to obtain exclusive group insurance for all of its active and retired officers and employees and their dependents, except as otherwise provided in sub-subparagraph (III) of subparagraph (2) of paragraph (h) of subsection 2, by participation in the Program. The Board shall establish separate rates and coverage for active and retired officers and employees of those local governmental agencies and their dependents based on actuarial reports that commingle the claims experience of such active and retired officers and employees and their dependents for whom the Program provides primary health insurance coverage into a single risk pool.

      (c) Except as otherwise provided in paragraph (d), provide public notice in writing of any proposed changes in rates or coverage to each participating public agency that may be affected by the changes. Notice must be provided at least 30 days before the effective date of the changes.

      (d) If a proposed change is a change in the premium or contribution charged for, or coverage of, health insurance, provide written notice of the proposed change to all participants in the Program. The notice must be provided at least 30 days before the date on which a participant in the Program is required to select or change his policy of health insurance.

      (e) Purchase policies of life, accident or health insurance, or any combination of these, or, if applicable, a program to reduce the amount of taxable compensation pursuant to 26 U.S.C. § 125, from any company qualified to do business in this State or provide similar coverage through a plan of self-insurance established pursuant to NRS 287.0433 for the benefit of all eligible participants in the Program.

      (f) Except as otherwise provided in this title, develop and establish other employee benefits as necessary.

      (g) Investigate and approve or disapprove any contract proposed pursuant to NRS 287.0479.

 


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ê2009 Statutes of Nevada, Page 1589 (Chapter 351, SB 103)ê

 

      (h) Adopt such regulations and perform such other duties as are necessary to carry out the provisions of NRS 287.010 to 287.245, inclusive, and sections 2 and 3 of this act, including, without limitation, the establishment of:

            (1) Fees for applications for participation in the Program and for the late payment of premiums or contributions;

            (2) Conditions for entry and reentry into and exit from the Program by local governmental agencies pursuant to paragraph (a) of subsection 1 of NRS 287.025, which:

                  (I) Must include a minimum period of 4 years of participation for entry into the Program;

                  (II) Must include a requirement that participation of any retired officers and employees of the local governmental agency whose last continuous period of with the Program began after November 30, 2008, terminates upon termination of the local governmental agency’s contract with the Program; and

                  (III) May allow for the exclusion of active and retired officers and employees of the local governmental agency who are eligible for health coverage from a health and welfare plan or trust that arose out of collective bargaining under chapter 288 of NRS or a trust established pursuant to 29 U.S.C. § 186;

            (3) Procedures by which a group of participants in the Program may leave the Program pursuant to NRS 287.0479 and conditions and procedures for reentry into the Program by those participants;

            (4) Specific procedures for the determination of contested claims;

            (5) Procedures for review and notification of the termination of coverage of persons pursuant to paragraph (b) of subsection 4 of NRS 287.023; and

            (6) Procedures for the payments that are required to be made pursuant to paragraph (b) of subsection 4 of NRS 287.023.

      (i) Appoint an independent certified public accountant. The accountant shall:

            (1) Provide an annual audit of the Program; and

            (2) Report to the Board and the Interim Retirement and Benefits Committee of the Legislature created pursuant to NRS 218.5373.

      (j) Appoint an attorney who specializes in employee benefits. The attorney shall:

            (1) Perform a biennial review of the Program to determine whether the Program complies with federal and state laws relating to taxes and employee benefits; and

            (2) Report to the Board and the Interim Retirement and Benefits Committee of the Legislature created pursuant to NRS 218.5373.

      3.  The Board shall submit an annual report regarding the administration and operation of the Program to the Director of the Legislative Counsel Bureau for transmittal to the appropriate committees of the Legislature, or to the Legislative Commission when the Legislature is not in regular session, for acceptance or rejection not more than 6 months before the Board establishes rates and coverage for participants for the following plan year. The report must include, without limitation:

      (a) Detailed financial results for the Program for the preceding plan year, including, without limitation, identification of the sources of revenue for the Program and a detailed accounting of expenses which are segregated by each type of benefit offered by the Program, and administrative costs.

 


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ê2009 Statutes of Nevada, Page 1590 (Chapter 351, SB 103)ê

 

by each type of benefit offered by the Program, and administrative costs. The results must be provided separately concerning:

            (1) Participants who are active and retired state officers and employees and their dependents;

            (2) All participants in the Program other than those described in subparagraph (1); and

            (3) Within the groups described in subparagraphs (1) and (2), active participants, retired participants for which the Program provides primary health insurance coverage and retired participants in the Program who are provided coverage for medical or hospital service, or both, by the Health Insurance for the Aged Act, 42 U.S.C. §§ 1395 et seq., or a plan that provides similar coverage.

      (b) An assessment of actuarial accuracy and reserves for the current plan year and the immediately preceding plan year.

      (c) A summary of the plan design for the current plan year, including, without limitation, information regarding rates and any changes in the vendors with which the Program has entered into contracts, and a comparison of the plan design for the current plan year to the plan design for the immediately preceding plan year. The information regarding rates provided pursuant to this paragraph must set forth the costs for participation in the Program paid by participants and employers on a monthly basis.

      (d) A description of all written communications provided generally to all participants by the Program during the preceding plan year.

      (e) A discussion of activities of the Board concerning purchasing coalitions.

      4.  The Board may use any services provided to state agencies and shall use the services of the Purchasing Division of the Department of Administration to establish and carry out the Program.

      5.  The Board may make recommendations to the Legislature concerning legislation that it deems necessary and appropriate regarding the Program.

      6.  A participating public agency is not liable for any obligation of the Program other than indemnification of the Board and its employees against liability relating to the administration of the Program, subject to the limitations specified in NRS 41.0349.

      7.  As used in this section, “employee benefits” includes any form of compensation provided to a public employee except federal benefits, wages earned, legal holidays, deferred compensation and benefits available pursuant to chapter 286 of NRS.

      Sec. 11.  NRS 287.0435 is hereby amended to read as follows:

      287.0435  1.  [All] Except as otherwise provided in subsection 4 of NRS 287.04362, all money received for the Program, including, without limitation, premiums and contributions, must be deposited in the State Treasury for credit to the Fund for the Public Employees’ Benefits Program which is hereby created as a trust fund. The Program Fund must be accounted for as an internal service fund. Payments into and disbursements from the Program Fund must be so arranged as to keep the Program Fund solvent at all times.

      2.  The money in the Program Fund must be invested as other money of the State is invested and any income from investments paid into the Program Fund for the benefit of the Program Fund.

 


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ê2009 Statutes of Nevada, Page 1591 (Chapter 351, SB 103)ê

 

      3.  Disbursements from the Program Fund must be made as any other claims against the State are paid and may only be made for the benefit of the participants in the Program.

      4.  The State Treasurer may charge a reasonable fee for his services in administering the Program Fund, but the State, the State General Fund and the State Treasurer are not liable to the Program Fund for any loss sustained by the Program Fund as a result of any investment made on behalf of the Program Fund or any loss sustained in the operation of the Program.

      5.  The Board shall deposit any disbursement received from the Program Fund into an interest-bearing checking account in a bank or credit union qualified to receive deposits of public money. Claims that have been submitted to the Program and approved must be paid from the account, and any refund of such a claim must be deposited into the account.

      Sec. 12.  NRS 287.0436 is hereby amended to read as follows:

      287.0436  1.  The State Retirees’ Health and Welfare Benefits Fund is hereby created as an irrevocable trust fund.

      2.  The purpose of the Retirees’ Fund is to account for the financial assets designated to offset the portion of the current and future costs of health and welfare benefits paid pursuant to subsection [2] 1 of NRS 287.046.

      Sec. 13.  NRS 287.044 is hereby amended to read as follows:

      287.044  1.  [A part of the cost of the premiums or contributions for group insurance provide by the Program, not to exceed the amount specified by law, applied to both group life and group accident or health coverage, for each state officer, except a Senator or Assemblyman, or employee electing to participate in the Program, may be paid by the participating state agency which employs the officer or employee in whose behalf that part is paid from money appropriated to or authorized for that participating state agency for that purpose. Participation by the State in the cost of premiums or contributions must not exceed the amounts specified by law.] Except as otherwise provided in subsection 2, each participating state agency shall pay to the Program an amount specified by law for every state officer or employee who is employed by a participating public agency on a permanent and full-time basis and elects to participate in the Program.

      2.  A Senator or Assemblyman who elects to participate in the Program shall pay the entire premium or contribution for his insurance.

      3.  State officers and employees who elect to participate in the Program must authorize deductions from their compensation for the payment of premiums or contributions for the Program. Any deduction from the compensation of a state officer or employee for the payment of such a premium or contribution must be based on the actual amount of the premium or contribution after deducting any amount of the premium or contribution which is paid pursuant to subsection 1.

      4.  If a state officer or employee chooses to cover his dependents, whenever this option is made available by the Board, except as otherwise provided in NRS 287.021 and 287.0477, he must pay the difference between the amount of the premium or contribution for the coverage for himself and his dependents and the amount paid by the participating state agency that employs the officer or employee.

      [2.] 5.  A participating state agency shall not pay any part of those premiums or contributions if the group life insurance or group accident or health insurance is not approved by the Board.

 


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ê2009 Statutes of Nevada, Page 1592 (Chapter 351, SB 103)ê

 

      6.  The Board may allocate the money paid to the Program pursuant to this section between the cost of premiums and contributions for group insurance for each state officer or employee, except a Senator or Assemblyman, and their dependents.

      Sec. 14.  NRS 287.045 is hereby amended to read as follows:

      287.045  1.  Except as otherwise provided in this section, every state officer or employee is eligible to participate in the Program on the first day of the month following the completion of 90 days of full-time employment.

      2.  Professional employees of the Nevada System of Higher Education who have annual employment contracts are eligible to participate in the Program on:

      (a) The effective dates of their respective employment contracts, if those dates are on the first day of a month; or

      (b) The first day of the month following the effective dates of their respective employment contracts, if those dates are not on the first day of a month.

      3.  Every officer or employee who is employed by a participating local governmental agency on a permanent and full-time basis on the date on which the participating local governmental agency enters into an agreement to participate in the Program pursuant to paragraph (a) of subsection 1 of NRS 287.025, and every officer or employee who commences his employment with that participating local governmental agency after that date, is eligible to participate in the Program on the first day of the month following the completion of 90 days of full-time employment [.] , unless that officer or employee is excluded pursuant to sub-subparagraph (III) of subparagraph (2) of paragraph (h) of subsection 2 of NRS 287.043.

      4.  Every Senator and Assemblyman is eligible to participate in the Program on the first day of the month following the 90th day after his initial term of office begins.

      5.  Notwithstanding the provisions of subsections 1, 3 and 4, if the Board does not, pursuant to NRS 689B.580, elect to exclude the Program from compliance with NRS 689B.340 to 689B.590, inclusive, and if the coverage under the Program is provided by a health maintenance organization authorized to transact insurance in this State pursuant to chapter 695C of NRS, any affiliation period imposed by the Program may not exceed the statutory limit for an affiliation period set forth in NRS 689B.500.

      Sec. 15.  NRS 287.046 is hereby amended to read as follows:

      287.046  1.  [Except as otherwise provided in subsection 6, any active state officer or employee who elects to participate in the Program may participate, and the participating state agency that employs the officer or employee shall pay the State’s share of the cost of the premiums or contributions for the Program from money appropriated or authorized as provided in NRS 287.044. State officers and employees who elect to participate in the Program must authorize deductions from their compensation for the payment of premiums or contributions for the Program. Any deduction from the compensation of a state officer or employee for the payment of a premium or contribution for health insurance must be based on the actual amount of the premium or contribution after deducting any amount of the premium or contribution which is paid by the participating state agency that employs the employee.

      2.]  The Department of Administration shall establish an assessment that is to be used to pay for a portion of the cost of premiums or contributions for the Program for persons who have retired with state service and who elect to participate in the Program.

 


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ê2009 Statutes of Nevada, Page 1593 (Chapter 351, SB 103)ê

 

the Program for persons who have retired with state service and who elect to participate in the Program. The money so assessed must be deposited into the Retirees’ Fund and must be based upon an amount approved by the Legislature each session to pay for a portion of the current and future health and welfare benefits for state retirees. Except as otherwise provided in subsection [3,] 2, the portion to be paid to the Program from the Retirees’ Fund on behalf of persons who have retired with state service and who elect to participate in the Program must be equal to a portion of the cost for each retiree and his dependents who are enrolled in the plan, as defined for each year of the plan by the Program. For persons who retire from the State on or after January 1, 1994, adjustments to the portion paid by the Retirees’ Fund must be as follows:

      (a) For each year of service less than 15 years, excluding service purchased pursuant to NRS 1A.310 or 286.300, the portion paid by the Retirees’ Fund must be reduced by an amount equal to 7.5 percent of the base funding level defined by the Legislature. In no event may the adjustment exceed 75 percent of the base funding level defined by the Legislature.

      (b) For each year of service greater than 15 years, excluding service purchased pursuant to NRS 1A.310 or 286.300, the portion paid by the Retirees’ Fund must be increased by an amount equal to 7.5 percent of the base funding level defined by the Legislature. In no event may the adjustment exceed 37.5 percent of the base funding level defined by the Legislature.

      [3.] 2.  If the amount calculated pursuant to subsection [2] 1 exceeds the actual premium or contribution for the plan of the Program that the retired participant selects, the balance must be credited to the Program Fund.

      [4.] 3.  For the purposes of subsection [2:] 1:

      (a) Credit for service must be calculated in the manner provided by chapter 286 of NRS.

      (b) No proration may be made for a partial year of [state] service.

      [5.] 4.  The Department shall agree through the Board with the insurer for billing of remaining premiums or contributions for the retired participant and his dependents to the retired participant and to his dependents who elect to continue coverage under the Program after his death.

      [6.  A Senator or Assemblyman who elects to participate in the Program shall pay the entire premium or contribution for his insurance.]

      Sec. 16.  NRS 287.0475 is hereby amended to read as follows:

      287.0475  1.  A retired public officer or employee [who has retired pursuant] or the surviving spouse of a retired public officer or employee who is deceased may, in any even-numbered year, reinstate any insurance under the Program, except life insurance, that, at the time of reinstatement, is provided by the Program if the retired public officer or employee retired:

      (a) Pursuant to NRS 1A.350 or 1A.480, or 286.510 or 286.620, from a participating state agency or was enrolled in a retirement program provided pursuant to NRS 286.802 [, or the surviving spouse of such a retired public officer or employee who is deceased may, in any even-numbered year, reinstate any insurance, except life insurance, that, at the time of reinstatement, is provided by the last public employer of the retired public officer or employee to the active officers and employees and their dependents of that public employer:

 


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ê2009 Statutes of Nevada, Page 1594 (Chapter 351, SB 103)ê

 

      (a) Pursuant to NRS 287.010, 287.015, 287.020 or paragraph (b), (c) or (d) of subsection 1 of NRS 287.025; or

      (b) Under the Program, if the last public employer of the retired officer or employee was the State of Nevada or if the last public employer of the retired officer or employee participates in the Program pursuant to paragraph (a) of subsection 1 of NRS 287.025.] ; or

      (b) Pursuant to NRS 1A.350 or 1A.480, or 286.510 or 286.620, from employment with a county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State which is a participating local governmental agency at the time of the request for reinstatement.

      2.  Reinstatement pursuant to subsection 1 must be requested by:

      (a) Giving written notice to the Program of his intent to reinstate the insurance [to the last public employer of the public officer or employee] not later than [January 31] March 15 of an even-numbered year;

      (b) Accepting the [public employer’s] Program’s current [program or] plan of insurance and any subsequent changes thereto; and

      (c) Paying any portion of the premiums or contributions [of the public employer’s program or plan of insurance,] for coverage under the Program, in the manner set forth in NRS 1A.470 or 286.615, which are due from the date of reinstatement and not paid by the public employer.

[Ê The last public employer shall give the insurer notice of the reinstatement no later than March 31 of the year in which the public officer or employee or surviving spouse gives notice of his intent to reinstate the insurance.]

      3.  Reinstatement of insurance excludes claims for expenses for any condition for which medical advice, treatment or consultation was rendered within 12 months before reinstatement unless the reinstated insurance has been in effect more than 12 consecutive months.

      [4.  The last public employer of a retired officer or employee who reinstates insurance, except life insurance, which was provided to him and his dependents at the time of his retirement pursuant to NRS 287.010, 287.015, 287.020 or paragraph (b), (c) or (d) of subsection 1 of NRS 287.025, shall, for the purpose of establishing actuarial data to determine rates and coverage for such persons, commingle the claims experience of such persons with the claims experience of active and retired officers and employees and their dependents who participate in that group insurance, plan of benefits or medical and hospital service.]

      Sec. 17.  Section 3 of this act applies retroactively to payments owed pursuant to paragraph (b) of subsection 4 of NRS 287.023 and any penalty or late fee authorized to be assessed by the Program on such a payment that were delinquent for at least 90 days on and after October 1, 2003.

      Sec. 18.  Retired officers and employees of local governments who were covered under the Public Employees’ Benefits Program pursuant to NRS 287.023 for the period beginning on October 1, 2003, and ending on June 30, 2009, are hereby deemed to have satisfied the requirements for eligibility set forth in subsection 1 of NRS 287.023, as amended by section 4 of this act, and the provisions of this act are retroactive to that extent.

      Sec. 19.  The Legislature hereby ratifies all regulations adopted by the Board of the Public Employees’ Benefits Program on and after October 1, 2003, as conforming to the statutory authority of the Board on the date of their adoption.

 


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ê2009 Statutes of Nevada, Page 1595 (Chapter 351, SB 103)ê

 

      Sec. 20.  1.  This section and sections 1 to 9, inclusive, and 11 to 19, inclusive, of this act become effective on July 1, 2009.

      2.  Section 9 of this act expires by limitation on October 31, 2009.

      3.  Section 10 of this act becomes effective on November 1, 2009.

________

 

CHAPTER 352, SB 109

Senate Bill No. 109–Committee on Natural Resources

 

CHAPTER 352

 

AN ACT relating to state grazing boards; deleting the provisions that place such boards within the State Department of Agriculture; and providing other matters properly relating thereto.

 

[Approved: May 29, 2009]

 

Legislative Counsel’s Digest:

      Existing law creates a state grazing board for each Bureau of Land Management grazing district in Nevada and places each of those boards within the State Department of Agriculture. (NRS 568.040) This bill deletes the provisions that place each of those boards within the Department.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 568.040 is hereby amended to read as follows:

      568.040  To direct and guide the disposition of the range improvement fund of each grazing district concerned, in the manner most beneficial to the stock raising payers of the grazing fees from which the funds are derived and to the counties concerned, there is hereby created [within the State Department of Agriculture] a state grazing board for each Bureau of Land Management grazing district established and existing in Nevada under the provisions of the Taylor Grazing Act.

________

 


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ê2009 Statutes of Nevada, Page 1596ê

 

CHAPTER 353, SB 114

Senate Bill No. 114–Senator Schneider

 

CHAPTER 353

 

AN ACT relating to energy; requiring the Director of the Office of Energy to make certain determinations relating to systems for obtaining solar energy; prohibiting certain restrictions on the use of systems for obtaining solar energy or wind energy; and providing other matters properly relating thereto.

 

[Approved: May 29, 2009]

 

Legislative Counsel’s Digest:

      Existing law sets forth a prohibition against covenants, restrictions or conditions contained in deeds, contracts or other legal documents which prohibit or unreasonably restrict an owner of property from using a system for obtaining solar energy on his property. (NRS 111.239, 278.0208) Sections 2 and 3 of this bill include within the prohibition any such covenant, restriction or condition which has the effect of prohibiting or unreasonably restricting the property owner from using a solar energy system. Sections 2 and 3 also describe an unreasonable restriction on the use of a system for obtaining solar energy as including: (1) the placing of a restriction or requirement that decreases the efficiency or performance of a system for obtaining solar energy by more than 10 percent of the amount that was originally specified for the system, as determined by the Director of the Office of Energy; and (2) the prohibition of a system for obtaining solar energy that uses components painted with black solar glazing.

      Section 1 of this bill requires the Director, if requested to make a determination concerning the efficiency or performance of a system for obtaining solar energy pursuant to section 2 or 3, to make the determination within 30 days after receiving the request. If the Director needs additional information to make the determination, section 1 authorizes the Director to request that information from the person requesting the determination and requires the Director to make the determination within 15 days after receiving the additional information.

      Sections 1.5 and 2.5 of this bill set forth a prohibition against covenants, restrictions or conditions contained in deeds, contracts or other legal documents, and against local ordinances, regulations or plans, which prohibit or unreasonably restrict an owner of property from using a system for obtaining wind energy on his property. Sections 1.5 and 2.5 describe an unreasonable restriction on the use of a system for obtaining wind energy as the placing of a restriction or requirement on the use of a system for obtaining wind energy which significantly decreases the efficiency or performance of the system and which does not allow for the use of an alternative system at a substantially comparable cost and with substantially comparable efficiency and performance. Sections 1.5 and 2.5 do not prohibit reasonable restrictions: (1) imposed pursuant to a determination by the Federal Aviation Administration that the installation of the system for obtaining wind energy would create a hazard to air navigation; or (2) relating to the height, noise or safety of a system for obtaining wind energy.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 701.180 is hereby amended to read as follows:

      701.180  The Director shall:

      1.  Acquire and analyze information relating to energy and to the supply, demand and conservation of its sources.

 


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ê2009 Statutes of Nevada, Page 1597 (Chapter 353, SB 114)ê

 

      2.  Utilize all available public and private means to provide information to the public about problems relating to energy and to explain how conservation of energy and its sources may be accomplished.

      3.  Review and evaluate information which identifies trends and permits forecasting of the energy available to the State. Such forecasts must include estimates on:

      (a) The level of demand for energy in the State for 5-, 10- and 20-year periods;

      (b) The amount of energy available to meet each level of demand;

      (c) The probable implications of the forecast on the demand and supply of energy; and

      (d) The sources of renewable energy and other alternative sources of energy which are available and their possible effects.

      4.  Study means of reducing wasteful, inefficient, unnecessary or uneconomical uses of energy and encourage the maximum utilization of existing sources of energy in the State.

      5.  Encourage the development of:

      (a) Any sources of renewable energy and any other energy projects which will benefit the State; and

      (b) Any measures which conserve or reduce the demand for energy or which result in more efficient use of energy.

      6.  In conjunction with the Desert Research Institute, review policies relating to the research and development of the State’s geothermal resources and make recommendations to the appropriate state and federal agencies for establishing methods of developing the geothermal resources within the State.

      7.  Solicit and serve as the point of contact for grants and other money from the Federal Government and other sources to promote:

      (a) Energy projects that enhance the economic development of the State;

      (b) The use of renewable energy; and

      (c) The use of measures which conserve or reduce the demand for energy or which result in more efficient use of energy.

      8.  Coordinate the activities and programs of the Office of Energy with the activities and programs of the Task Force, the Consumer’s Advocate and the Public Utilities Commission of Nevada and other federal, state and local officers and agencies that promote, fund, administer or operate activities and programs related to the use of renewable energy and the use of measures which conserve or reduce the demand for energy or which result in more efficient use of energy.

      9.  If requested to make a determination pursuant to NRS 111.239 or 278.0208, make the determination within 30 days after receiving the request. If the Director needs additional information to make the determination, he may request the information from the person making the request for a determination. Within 15 days after receiving the additional information, the Director shall make a determination on the request.

      10.  Carry out all other directives concerning energy that are prescribed by the Governor.

      Sec. 1.5.  Chapter 111 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in subsection 2, any covenant, restriction or condition contained in a deed, contract or other legal instrument which affects the transfer or sale of, or any other interest in, real property and which prohibits or unreasonably restricts the owner of the property from using a system for obtaining wind energy on his property is void and unenforceable.

 


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ê2009 Statutes of Nevada, Page 1598 (Chapter 353, SB 114)ê

 

real property and which prohibits or unreasonably restricts the owner of the property from using a system for obtaining wind energy on his property is void and unenforceable.

      2.  The provisions of subsection 1 do not prohibit a reasonable restriction or requirement:

      (a) Imposed pursuant to a determination by the Federal Aviation Administration that the installation of the system for obtaining wind energy would create a hazard to air navigation; or

      (b) Relating to the height, noise or safety of a system for obtaining wind energy.

      3.  For the purposes of this section, “unreasonably restricts the owner of the property from using a system for obtaining wind energy” includes the placing of a restriction or requirement on the use of a system for obtaining wind energy which significantly decreases the efficiency or performance of the system and which does not allow for the use of an alternative system at a substantially comparable cost and with substantially comparable efficiency and performance.

      Sec. 2.  NRS 111.239 is hereby amended to read as follows:

      111.239  1.  Any covenant, restriction or condition contained in a deed, contract or other legal instrument which affects the transfer [,] or sale of, or any other interest in , real property [that] and which prohibits or unreasonably restricts or has the effect of prohibiting or unreasonably restricting the owner of the property from using a system for obtaining solar [or wind] energy on his property is void and unenforceable.

      2.  For the purposes of this section, [“unreasonably restricts the use of a system for obtaining solar or wind energy” means] the following shall be deemed to be unreasonable restrictions:

      (a) The placing of a restriction or requirement on the use of [such] a system for obtaining solar energy which [significantly] decreases the efficiency or performance of the system by more than 10 percent of the amount that was originally specified for the system, as determined by the Director of the Office of Energy, and which does not allow for the use of an alternative system at a substantially comparable cost and with substantially comparable efficiency and performance.

      (b) The prohibition of a system for obtaining solar energy that uses components painted with black solar glazing.

      Sec. 2.5.  Chapter 278 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in subsection 2:

      (a) A governing body shall not adopt an ordinance, regulation or plan or take any other action that prohibits or unreasonably restricts the owner of real property from using a system for obtaining wind energy on his property.

      (b) Any covenant, restriction or condition contained in a deed, contract or other legal instrument which affects the transfer or sale of, or any other interest in, real property and which prohibits or unreasonably restricts the owner of the property from using a system for obtaining wind energy on his property is void and unenforceable.

      2.  The provisions of subsection 1 do not prohibit a reasonable restriction or requirement:

 


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ê2009 Statutes of Nevada, Page 1599 (Chapter 353, SB 114)ê

 

      (a) Imposed pursuant to a determination by the Federal Aviation Administration that the installation of the system for obtaining wind energy would create a hazard to air navigation; or

      (b) Relating to the height, noise or safety of a system for obtaining wind energy.

      3.  For the purposes of this section, “unreasonably restricts the owner of the property from using a system for obtaining wind energy” includes the placing of a restriction or requirement on the use of a system for obtaining wind energy which significantly decreases the efficiency or performance of the system and which does not allow for the use of an alternative system at a substantially comparable cost and with substantially comparable efficiency and performance.

      Sec. 3.  NRS 278.0208 is hereby amended to read as follows:

      278.0208  1.  A governing body shall not adopt an ordinance, regulation or plan or take any other action that prohibits or unreasonably restricts or has the effect of prohibiting or unreasonably restricting the owner of real property from using a system for obtaining solar [or wind] energy on his property.

      2.  Any covenant, restriction or condition contained in a deed, contract or other legal instrument which affects the transfer [,] or sale of, or any other interest in , real property [that] and which prohibits or unreasonably restricts or has the effect of prohibiting or unreasonably restricting the owner of the property from using a system for obtaining solar [or wind] energy on his property is void and unenforceable.

      3.  For the purposes of this section, [“unreasonably restricting the use of a system for obtaining solar or wind energy” means] the following shall be deemed to be unreasonable restrictions:

      (a) The placing of a restriction or requirement on the use of [such] a system for obtaining solar energy which [significantly] decreases the efficiency or performance of the system by more than 10 percent of the amount that was originally specified for the system, as determined by the Director of the Office of Energy, and which does not allow for the use of an alternative system at a substantially comparable cost and with substantially comparable efficiency and performance.

      (b) The prohibition of a system for obtaining solar energy that uses components painted with black solar glazing.

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

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ê2009 Statutes of Nevada, Page 1600ê

 

CHAPTER 354, SB 176

Senate Bill No. 176–Senator Schneider

 

CHAPTER 354

 

AN ACT relating to time shares; providing for the relocation of a time share under certain circumstances; authorizing the withdrawal of time share units from a time-share plan under certain circumstances; and providing other matters properly relating thereto.

 

[Approved: May 29, 2009]

 

Legislative Counsel’s Digest:

      Section 1 of this bill provides that certain types of time shares may be relocated to another unit or parcel if certain conditions are satisfied. Section 1 only authorizes such relocation of a time share if: (1) the time share is owned by the developer; or (2) the relocation is approved by a majority of the association and agreed to by the developer.

      Existing law provides that if a time-share instrument authorizes the developer to withdraw units from the time-share plan, any unit that is subject to withdrawal may not be withdrawn if a time share attributable to that unit is owned by a purchaser. (NRS 119A.495) Section 2 of this bill allows units or parcels to be withdrawn from a time-share plan by the developer if all the requirements for such a withdrawal are met, including consent by any remaining owners, amendment of the time-share instrument to reflect the withdrawal, and the establishment or amendment of agreements between the developer and the association to share certain costs equitably.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 119A of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Any time share that is an undivided fee simple interest or leasehold interest in a unit or parcel on which units are located, and any time share that is a license, may be relocated to another unit or parcel on which units are located:

      (a) If the replacement unit or parcel:

            (1) Is within the same project and governed by the same time-share instrument as the original unit or parcel;

            (2) Provides the owner of the time share the opportunity to enjoy a substantially similar vacation experience as available with the original unit or parcel; and

            (3) Contains similar sleeping accommodations for at least the same number of persons as the original unit or original unit type within the parcel;

      (b) If there is to be no increase in the amount of the maintenance fees allocable to the time share to be relocated solely as the result of the relocation;

      (c) If a one-to-one use night to use right ratio is to be maintained after the relocation;

      (d) If the location and historical use of the time share to be relocated are considered in furthering the best interests of the owner with respect to the owner’s opportunity to use and enjoy the time-share plan;

 


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ê2009 Statutes of Nevada, Page 1601 (Chapter 354, SB 176)ê

 

      (e) If the time share is not a fixed-unit time share; and

      (f) If the time share is a fixed-week time share or the rights of use for the time share are within a particular season of the year, if use of the time share in the same fixed week or season is available to the owner of the time share after the relocation.

      2.  Relocation of a time share pursuant to this section only applies to a time share that is owned by the developer, unless the relocation is:

      (a) Approved by the vote or the written consent of members of the association, excluding the developer, constituting the minimum percentage of the voting power of the association which constitutes a quorum pursuant to NRS 82.291; and

      (b) Agreed to in writing by the developer.

      3.  The relocation of each time share pursuant to this section must be made by the recordation of an instrument signed by the developer that identifies:

      (a) The names of the record owners of each time share to be relocated;

      (b) The permanent identifying number, if any, of each time share;

      (c) A legal description of the unit or parcel and a description of the unit type of each time share to be relocated; and

      (d) A legal description of the unit or parcel and a description of the unit type to which each time share will be reassigned.

      4.  Upon recordation of the instrument described in subsection 3 and the mailing of the recorded instrument to the owner by certified mail, return receipt requested, to the last known address of the owner as shown in the records of the association, the owner of the time share identified in the recorded instrument shall be deemed to have no further right, title or interest in the unit or parcel originally conveyed or assigned to the owner.

      5.  For the purposes of this section, in determining whether the replacement unit or parcel “provides the owner of the time share the opportunity to enjoy a substantially similar vacation experience as available with the original unit or parcel,” the following factors must be considered with respect to the similarity of the replacement unit or parcel and the original unit or parcel:

      (a) Size;

      (b) Furnishings;

      (c) Reservation rights;

      (d) Standards of maintenance; and

      (e) Location, including scenery, topography and geographic location.

      6.  As used in this section:

      (a) “Fixed-unit time share” means a time share in which the owner’s rights of use are in a single designated unit.

      (b) “Fixed-week time share” means a time share in which the owner’s rights of use are within a certain week or weeks on a recurrent, periodic basis, and the weeks of use may rotate based on a fixed-week calendar.

      (c) “One-to-one use night to use right ratio” means that the sum of the number of nights that owners are entitled to use in a 12-month period does not exceed the number of nights available for use by those owners during that 12-month period. For the purposes of this paragraph:

            (1) No individual time-share unit may be counted as providing more than 365 nights of use per 12-month period or more than 366 nights of use per 12-month period that includes February 29; and

 


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ê2009 Statutes of Nevada, Page 1602 (Chapter 354, SB 176)ê

 

            (2) The rights of use of each owner must be counted without regard to whether that owner’s rights of use have been suspended as the result of the failure to pay assessments or for any other reason.

      Sec. 2.  NRS 119A.495 is hereby amended to read as follows:

      119A.495  [If]

      1.  Except as otherwise provided in subsection 2, if a time-share instrument authorizes the developer to withdraw units from the time-share plan, any unit that is subject to withdrawal may not be withdrawn if a time share attributable to that unit is owned by a purchaser.

      2.  Any legally created units or parcels within a project may be withdrawn from the time-share plan by the developer if:

      (a) All remaining owners having an interest in the unit or parcel, if there are any such remaining owners, give written consent to the withdrawal;

      (b) The developer amends the time-share instrument which established the time-share plan to reduce the number of units or parcels included in the time-share plan by the number of units or parcels withdrawn pursuant to this subsection;

      (c) Any existing cost-sharing agreement between the developer and the association covering shared common areas or amenities is amended to reflect the reduction in the number of units or parcels included in the time-share plan as the result of the withdrawal of units or parcels pursuant to this subsection; and

      (d) A new cost-sharing agreement which covers any common areas or amenities that are shared by the remaining units or parcels within the time-share plan and the units or parcels withdrawn pursuant to this subsection and which allocates the shared costs proportionately between the developer and the association according to the number and size of the units withdrawn pursuant to this subsection is entered into between the developer and the association.

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ê2009 Statutes of Nevada, Page 1603ê

 

CHAPTER 355, SB 227

Senate Bill No. 227–Senator Wiener

 

CHAPTER 355

 

AN ACT relating to security of personal information; requiring the compliance with certain standards or the use of encryption by data collectors when transferring personal information; and providing other matters properly relating thereto.

 

[Approved: May 29, 2009]

 

Legislative Counsel’s Digest:

      Section 1 of this bill requires that a data collector comply with certain standards or use encryption to protect information that is either transmitted electronically or contained on a data storage device that is moved beyond the controls of the data collector. Section 1 also renders a data collector not liable for a breach of the security of the system data in certain circumstances.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 603A of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  If a data collector doing business in this State accepts a payment card in connection with a sale of goods or services, the data collector shall comply with the current version of the Payment Card Industry (PCI) Data Security Standard, as adopted by the PCI Security Standards Council or its successor organization, with respect to those transactions, not later than the date for compliance set forth in the Payment Card Industry (PCI) Data Security Standard or by the PCI Security Standards Council or its successor organization.

      2.  A data collector doing business in this State to whom subsection 1 does not apply shall not:

      (a) Transfer any personal information through an electronic, nonvoice transmission other than a facsimile to a person outside of the secure system of the data collector unless the data collector uses encryption to ensure the security of electronic transmission; or

      (b) Move any data storage device containing personal information beyond the logical or physical controls of the data collector or its data storage contractor unless the data collector uses encryption to ensure the security of the information.

      3.  A data collector shall not be liable for damages for a breach of the security of the system data if:

      (a) The data collector is in compliance with this section; and

      (b) The breach is not caused by the gross negligence or intentional misconduct of the data collector, its officers, employees or agents.

      4.  The requirements of this section do not apply to:

      (a) A telecommunication provider acting solely in the role of conveying the communications of other persons, regardless of the mode of conveyance used, including, without limitation:

            (1) Optical, wire line and wireless facilities;

            (2) Analog transmission; and

 


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ê2009 Statutes of Nevada, Page 1604 (Chapter 355, SB 227)ê

 

            (3) Digital subscriber line transmission, voice over Internet protocol and other digital transmission technology.

      (b) Data transmission over a secure, private communication channel for:

            (1) Approval or processing of negotiable instruments, electronic fund transfers or similar payment methods; or

            (2) Issuance of reports regarding account closures due to fraud, substantial overdrafts, abuse of automatic teller machines or related information regarding a customer.

      5.  As used in this section:

      (a) “Data storage device” means any device that stores information or data from any electronic or optical medium, including, but not limited to, computers, cellular telephones, magnetic tape, electronic computer drives and optical computer drives, and the medium itself.

      (b) “Encryption” means the protection of data in electronic or optical form, in storage or in transit, using:

            (1) An encryption technology that has been adopted by an established standards setting body, including, but not limited to, the Federal Information Processing Standards issued by the National Institute of Standards and Technology, which renders such data indecipherable in the absence of associated cryptographic keys necessary to enable decryption of such data; and

            (2) Appropriate management and safeguards of cryptographic keys to protect the integrity of the encryption using guidelines promulgated by an established standards setting body, including, but not limited to, the National Institute of Standards and Technology.

      (c) “Facsimile” means an electronic transmission between two dedicated fax machines using Group 3 or Group 4 digital formats that conform to the International Telecommunications Union T.4 or T.38 standards or computer modems that conform to the International Telecommunications Union T.31 or T.32 standards. The term does not include onward transmission to a third device after protocol conversion, including, but not limited to, any data storage device.

      (d) “Payment card” has the meaning ascribed to it in NRS 205.602.

      (e) “Telecommunication provider” has the meaning ascribed to it in NRS 704.027.

      Sec. 2.  NRS 597.970 is hereby repealed.

      Sec. 3.  This act becomes effective on January 1, 2010.

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ê2009 Statutes of Nevada, Page 1605ê

 

CHAPTER 356, SB 243

Senate Bill No. 243–Senator Schneider

 

CHAPTER 356

 

AN ACT relating to traffic laws; expanding to certain category I peace officers and certain inspectors in this State the authority for the enforcement of certain traffic laws relating to the weight of certain motor vehicles; and providing other matters properly relating thereto.

 

[Approved: May 29, 2009]

 

Legislative Counsel’s Digest:

      Existing law provides that the Nevada Highway Patrol has authority for the enforcement of certain requirements relating to the size and weight of certain vehicles being operated on the highways of this State. (NRS 484.755) This bill expands that authority to include law enforcement agencies in counties with a population of 100,000 or more (currently Washoe and Clark Counties) in the State and authorizes certain category I peace officers and certain inspectors of the Department of Motor Vehicles and the Department of Public Safety to require the driver of certain vehicles to stop and submit to a weighing of the vehicle.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 484.755 is hereby amended to read as follows:

      484.755  1.  Authority for the enforcement of the provisions of NRS 484.744 to 484.757, inclusive, is vested in [the Nevada Highway Patrol.] certain law enforcement agencies in this State.

      2.  Any category I peace officer, officer of the Nevada Highway Patrol or inspector having reason to believe that the weight of a vehicle and load is unlawful may require the driver to stop and submit to a weighing of the vehicle either by means of portable or stationary scales and may require that the vehicle be driven to the nearest public scales, if they are within 5 miles.

      3.  Whenever an officer of the Nevada Highway Patrol, a category I peace officer or an inspector upon weighing a vehicle and load as provided in subsection 2 determines that the weight is unlawful, he may require the driver to stop in a suitable place and remove such portion of the load as may be necessary to reduce the gross weight of the vehicle to those limits permitted under NRS 484.744 to 484.757, inclusive. All materials so unloaded must be cared for by the carrier of the material and at his expense. The officer of the Nevada Highway Patrol, category I peace officer or inspector may allow the driver of the inspected vehicle to continue on his journey if any overload does not exceed by more than 5 percent the limitations prescribed by NRS 484.744 to 484.757, inclusive, but the penalties provided in NRS 484.757 must be imposed for the overload violation.

      4.  Any driver of a vehicle who fails or refuses to stop and submit the vehicle and load to a weighing, or who fails or refuses when directed by an officer of the Nevada Highway Patrol , a category I peace officer or an inspector upon a weighing of the vehicle to stop and otherwise comply with the provisions of NRS 484.744 to 484.757, inclusive, is guilty of a misdemeanor.

 


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ê2009 Statutes of Nevada, Page 1606 (Chapter 356, SB 243)ê

 

      5.  As used in this section:

      (a) “Category I peace officer” means a peace officer, as defined in NRS 289.460, in a county whose population is 100,000 or more who has completed a vehicle weight enforcement training program that is specific to this State and conducted by the Nevada Highway Patrol.

      (b) “Inspector” means an inspector of the Department of Motor Vehicles or the Department of Public Safety who has completed a vehicle weight enforcement training program that is specific to this State and conducted by the Nevada Highway Patrol.

      (c) “Law enforcement agency” has the meaning ascribed to it in NRS 202.873.

      Sec. 2.  1.  On or before December 31, 2010, the chief administrative officer of any law enforcement or other agency authorized to enforce the provisions of NRS 484.755, as amended by section 1 of this act, shall submit to the Director of the Department of Public Safety a report compiling:

      (a) The number of officers or inspectors trained by the Nevada Highway Patrol in vehicle weight enforcement;

      (b) The number of hours of training given each officer or inspector trained as described in paragraph (a);

      (c) The number of traffic stops to enforce the provisions of NRS 484.744 to 484.757, inclusive, made by officers or inspectors trained as described in paragraph (a), regardless of whether a citation was issued; and

      (d) The number of citations issued by those officers or inspectors pursuant to NRS 484.755, as amended by section 1 of this act, after October 1, 2009.

      2.  On or before January 15, 2011, the Director of the Department of Public Safety shall submit to the Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature a written report compiling all the information received pursuant to subsection 1.

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ê2009 Statutes of Nevada, Page 1607ê

 

CHAPTER 357, SB 261

Senate Bill No. 261–Senator Care

 

CHAPTER 357

 

AN ACT relating to common-interest ownership; revising the provisions governing the applicability of the Uniform Common-Interest Ownership Act; making various other changes relating to common-interest ownership; and providing other matters properly relating thereto.

 

[Approved: May 29, 2009]

 

Legislative Counsel’s Digest:

      This bill makes various changes relating to common-interest ownership to: (1) incorporate certain revisions to the Uniform Common-Interest Ownership Act promulgated by the Uniform Law Commission; and (2) eliminate references to the preparation of certain plans regarding certain common-interest communities and condominium hotels.

      Sections 2, 3, 6 and 9 of this bill provide that the provisions of the Uniform Act only apply to a nonresidential condominium if the declaration so provides.

      Sections 4 and 7 of this bill clarify the applicability of the Uniform Act by revising the definition of “common-interest community” to: (1) reflect the revisions promulgated by the Uniform Law Commission; and (2) clarify that certain agreements to share expenses do not create a common-interest community. (NRS 116.021)

      Sections 8 and 10-26 of this bill eliminate references to the preparation of certain plans for certain common-interest communities and condominium hotels. (NRS 116.089, 116.1206, 116.2105, 116.2109, 116.211, 116.2112, 116.2113, 116.2114, 116.2117, 116.345, 116.4103, 116.4109, 116B.225, 116B.295, 116B.350, 116B.365, 116B.760)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 116 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.

      Sec. 2.  “Nonresidential condominium” means a condominium in which all units are restricted exclusively to nonresidential use.

      Sec. 3.  1.  The provisions of this chapter do not apply to a nonresidential condominium except to the extent that the declaration for the nonresidential condominium provides that:

      (a) This entire chapter applies to the condominium;

      (b) Only the provisions of NRS 116.001 to 116.2122, inclusive, and NRS 116.3116 to 116.31168, inclusive, apply to the condominium; or

      (c) Only the provisions of NRS 116.3116 to 116.31168, inclusive, apply to the condominium.

      2.  If this entire chapter applies to a nonresidential condominium, the declaration may also require, subject to NRS 116.1112, that:

      (a) Notwithstanding NRS 116.3105, any management, maintenance operations or employment contract, lease of recreational or parking areas or facilities and any other contract or lease between the association and a declarant or an affiliate of a declarant continues in force after the declarant turns over control of the association; and

 


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ê2009 Statutes of Nevada, Page 1608 (Chapter 357, SB 261)ê

 

      (b) Notwithstanding NRS 116.1104 and subsection 2 of NRS 116.311, purchasers of units must execute proxies, powers of attorney or similar devices in favor of the declarant regarding particular matters enumerated in those instruments.

      Sec. 4.  1.  An agreement between the associations for two or more common-interest communities to share the costs of real estate taxes, insurance premiums, services, maintenance or improvements of real estate or other activities specified in the agreement or declarations does not create a separate common-interest community. If the declarants of the common-interest communities are affiliates, the agreement may not unreasonably allocate the costs among those common-interest communities.

      2.  An agreement between an association and the owner of real estate that is not part of a common-interest community to share the costs of real estate taxes, insurance premiums, services, maintenance or improvements of real estate, or other activities specified in the agreement, does not create a separate common-interest community. However, the assessments against the units in the common-interest community required by the agreement must be included in the periodic budget for the common-interest community, and the agreement must be disclosed in all public offering statements and resale certificates required by this chapter.

      3.  An agreement between the owners of separately owned parcels of real estate to share costs or other obligations associated with a party wall, road, driveway or well or other similar use does not create a common-interest community unless the owners otherwise agree.

      4.  As used in this section, “party wall” means any wall or fence constructed along the common boundary line between parcels. The term does not include any shared building structure systems, including, without limitation, foundations, walls and roof structures.

      Sec. 5.  (Deleted by amendment.)

      Sec. 6.  NRS 116.003 is hereby amended to read as follows:

      116.003  As used in this chapter and in the declaration and bylaws of an association, unless the context otherwise requires, the words and terms defined in NRS 116.005 to 116.095, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.

      Sec. 7.  NRS 116.021 is hereby amended to read as follows:

      116.021  1.  “Common-interest community” means real estate described in a declaration with respect to which a person, by virtue of [his] the person’s ownership of a unit, is obligated to pay for a share of real estate taxes, insurance premiums, maintenance or improvement of, or services or other expenses related to, common elements, other units or other [than that unit. “Ownership] real estate described in that declaration.

      2.  The term does not include an agreement described in section 4 of this act.

      3.  For purposes of this section, “ownership of a unit” does not include holding a leasehold interest of less than 20 years in a unit, including options to renew.

      Sec. 8.  NRS 116.089 is hereby amended to read as follows:

      116.089  “Special declarant’s rights” means rights reserved for the benefit of a declarant to:

 


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ê2009 Statutes of Nevada, Page 1609 (Chapter 357, SB 261)ê

 

      1.  Complete improvements indicated on plats [and plans] or in the declaration (NRS 116.2109) or, in a cooperative, to complete improvements described in the public offering statement pursuant to subsection 2 of NRS 116.4103;

      2.  Exercise any developmental right (NRS 116.211);

      3.  Maintain sales offices, management offices, signs advertising the common-interest community and models (NRS 116.2115);

      4.  Use easements through the common elements for the purpose of making improvements within the common-interest community or within real estate which may be added to the common-interest community (NRS 116.2116);

      5.  Make the common-interest community subject to a master association (NRS 116.212);

      6.  Merge or consolidate a common-interest community with another common-interest community of the same form of ownership (NRS 116.2121); or

      7.  Appoint or remove any officer of the association or any master association or any member of an executive board during any period of declarant’s control (NRS 116.31032).

      Sec. 9.  NRS 116.1201 is hereby amended to read as follows:

      116.1201  1.  Except as otherwise provided in this section and NRS 116.1203, this chapter applies to all common-interest communities created within this State.

      2.  This chapter does not apply to:

      (a) A limited-purpose association, except that a limited-purpose association:

            (1) Shall pay the fees required pursuant to NRS 116.31155;

            (2) Shall register with the Ombudsman pursuant to NRS 116.31158;

            (3) Shall comply with the provisions of:

                  (I) NRS 116.31038, 116.31083 and 116.31152; and

                  (II) NRS 116.31075, if the limited-purpose association is created for a rural agricultural residential common-interest community;

            (4) Shall comply with the provisions of NRS 116.4101 to 116.412, inclusive, as required by the regulations adopted by the Commission pursuant to paragraph (b) of subsection 5; and

            (5) Shall not enforce any restrictions concerning the use of units by the units’ owners, unless the limited-purpose association is created for a rural agricultural residential common-interest community.

      (b) A planned community in which all units are restricted exclusively to nonresidential use unless the declaration provides that this chapter or a part of this chapter does apply to that planned community [.] pursuant to section 3 of this act. This chapter applies to a planned community containing both units that are restricted exclusively to nonresidential use and other units that are not so restricted only if the declaration so provides or if the real estate comprising the units that may be used for residential purposes would be a planned community in the absence of the units that may not be used for residential purposes.

      (c) Common-interest communities or units located outside of this State, but the provisions of NRS 116.4102 to 116.4108, inclusive, apply to all contracts for the disposition thereof signed in this State by any party unless exempt under subsection 2 of NRS 116.4101.

 


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      (d) A common-interest community that was created before January 1, 1992, is located in a county whose population is less than 50,000, and has less than 50 percent of the units within the community put to residential use, unless a majority of the units’ owners otherwise elect in writing.

      (e) Except as otherwise provided in this chapter, time shares governed by the provisions of chapter 119A of NRS.

      3.  The provisions of this chapter do not:

      (a) Prohibit a common-interest community created before January 1, 1992, from providing for separate classes of voting for the units’ owners;

      (b) Require a common-interest community created before January 1, 1992, to comply with the provisions of NRS 116.2101 to 116.2122, inclusive;

      (c) Invalidate any assessments that were imposed on or before October 1, 1999, by a common-interest community created before January 1, 1992; or

      (d) Prohibit a common-interest community created before January 1, 1992, or a common-interest community described in NRS 116.31105 from providing for a representative form of government.

      4.  The provisions of chapters 117 and 278A of NRS do not apply to common-interest communities.

      5.  The Commission shall establish, by regulation:

      (a) The criteria for determining whether an association, a limited-purpose association or a common-interest community satisfies the requirements for an exemption or limited exemption from any provision of this chapter; and

      (b) The extent to which a limited-purpose association must comply with the provisions of NRS 116.4101 to 116.412, inclusive.

      6.  As used in this section, “limited-purpose association” means an association that:

      (a) Is created for the limited purpose of maintaining:

            (1) The landscape of the common elements of a common-interest community;

            (2) Facilities for flood control; or

            (3) A rural agricultural residential common-interest community; and

      (b) Is not authorized by its governing documents to enforce any restrictions concerning the use of units by units’ owners, unless the limited-purpose association is created for a rural agricultural residential common-interest community.

      Sec. 10.  NRS 116.1206 is hereby amended to read as follows:

      116.1206  1.  Any provision contained in a declaration, bylaw or other governing document of a common-interest community that violates the provisions of this chapter shall be deemed to conform with those provisions by operation of law, and any such declaration, bylaw or other governing document is not required to be amended to conform to those provisions.

      2.  In the case of amendments to the declaration, bylaws or plats [and plans] of any common-interest community created before January 1, 1992:

      (a) If the result accomplished by the amendment was permitted by law before January 1, 1992, the amendment may be made either in accordance with that law, in which case that law applies to that amendment, or it may be made under this chapter; and

      (b) If the result accomplished by the amendment is permitted by this chapter, and was not permitted by law before January 1, 1992, the amendment may be made under this chapter.

 


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      3.  An amendment to the declaration, bylaws or plats [and plans] authorized by this section to be made under this chapter must be adopted in conformity with the applicable provisions of chapter 117 or 278A of NRS and with the procedures and requirements specified by those instruments. If an amendment grants to any person any rights, powers or privileges permitted by this chapter, all correlative obligations, liabilities and restrictions in this chapter also apply to that person.

      Sec. 11.  NRS 116.2105 is hereby amended to read as follows:

      116.2105  1.  The declaration must contain:

      (a) The names of the common-interest community and the association and a statement that the common-interest community is either a condominium, cooperative or planned community;

      (b) The name of every county in which any part of the common-interest community is situated;

      (c) A sufficient description of the real estate included in the common-interest community;

      (d) A statement of the maximum number of units that the declarant reserves the right to create;

      (e) In a condominium or planned community, a description of the boundaries of each unit created by the declaration, including the unit’s identifying number or, in a cooperative, a description, which may be by plats , [or plans,] of each unit created by the declaration, including the unit’s identifying number, its size or number of rooms, and its location within a building if it is within a building containing more than one unit;

      (f) A description of any limited common elements, other than those specified in subsections 2 and 4 of NRS 116.2102, as provided in paragraph (g) of subsection 2 of NRS 116.2109 and, in a planned community, any real estate that is or must become common elements;

      (g) A description of any real estate, except real estate subject to developmental rights, that may be allocated subsequently as limited common elements, other than limited common elements specified in subsections 2 and 4 of NRS 116.2102, together with a statement that they may be so allocated;

      (h) A description of any developmental rights and other special declarant’s rights reserved by the declarant, together with a legally sufficient description of the real estate to which each of those rights applies, and a time within which each of those rights must be exercised;

      (i) If any developmental right may be exercised with respect to different parcels of real estate at different times, a statement to that effect together with:

            (1) Either a statement fixing the boundaries of those portions and regulating the order in which those portions may be subjected to the exercise of each developmental right or a statement that no assurances are made in those regards; and

            (2) A statement whether, if any developmental right is exercised in any portion of the real estate subject to that developmental right, that developmental right must be exercised in all or in any other portion of the remainder of that real estate;

      (j) Any other conditions or limitations under which the rights described in paragraph (h) may be exercised or will lapse;

      (k) An allocation to each unit of the allocated interests in the manner described in NRS 116.2107;

      (l) Any restrictions:

 


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            (1) On use, occupancy and alienation of the units; and

            (2) On the amount for which a unit may be sold or on the amount that may be received by a unit’s owner on sale, condemnation or casualty to the unit or to the common-interest community, or on termination of the common-interest community;

      (m) The file number and book or other information to show where easements and licenses are recorded appurtenant to or included in the common-interest community or to which any portion of the common-interest community is or may become subject by virtue of a reservation in the declaration; and

      (n) All matters required by NRS 116.2106 to 116.2109, inclusive, 116.2115 and 116.2116 and 116.31032.

      2.  The declaration may contain any other matters the declarant considers appropriate.

      Sec. 12.  NRS 116.2109 is hereby amended to read as follows:

      116.2109  1.  Plats [and plans] are a part of the declaration, and are required for all common-interest communities except cooperatives. Each plat [and plan] must be clear and legible and contain a certification that the plat [or plan] contains all information required by this section.

      2.  Each plat must comply with the provisions of chapter 278 of NRS and show:

      (a) The name and a survey of the area which is the subject of the plat;

      (b) A sufficient description of the real estate;

      (c) The extent of any encroachments by or upon any portion of the property which is the subject of the plat;

      (d) The location and dimensions of all easements having a specific location and dimension which serve or burden any portion of the common-interest community;

      (e) The location and dimensions , with reference to an established datum, of any vertical unit boundaries and that unit’s identifying number;

      (f) The location with reference to an established datum of any horizontal unit boundaries not shown or projected on [plans] plats recorded pursuant to subsection [4] 3 and that unit’s identifying number; and

      (g) The location and dimensions of limited common elements, including porches, balconies and patios, other than parking spaces and the other limited common elements described in subsections 2 and 4 of NRS 116.2102.

      3.  [To the extent not shown or projected on the] The plats [, plans of the units] must show or project any units in which the declarant has reserved the right to create additional units or common elements (paragraph (h) of subsection 1 of NRS 116.2105), identified appropriately.

      4.  Unless the declaration provides otherwise, when the horizontal boundaries of part of a unit located outside a building have the same elevation as the horizontal boundaries of the inside part [and] , the elevations need not be depicted on the plats . [and plans of the units.]

      5.  [A declarant shall also provide a plan of development for the common-interest community with its initial phase of development. The declarant shall revise the plan of development with each subsequent phase. The plan of development may show the intended location and dimensions of any contemplated improvement to be constructed anywhere within the common-interest community. Any contemplated improvement shown must be labeled either “MUST BE BUILT” or “NEED NOT BE BUILT.” The plan of development must also show or project:

 


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      (a) The location and dimensions of all real estate not subject to developmental rights, or subject only to the developmental right to withdraw, and the location and dimensions of all existing improvements within that real estate;

      (b) A sufficient description of any real estate subject to developmental rights, labeled to identify the rights applicable to each parcel; and

      (c) A sufficient description of any real estate in which the units’ owners will own only an estate for years, labeled as “leasehold real estate.”

      6.]  Upon exercising any developmental right, the declarant shall record new or amended plats necessary to conform to the requirements of subsection 2 . [and provide new or amended plans of the units and a new or amended plan of development or new certifications of those plans if the plans otherwise conform to the requirements of subsections 3 and 5.

      7.]  6.  Each plat must be certified by [an independent] a professional land surveyor. [The plans of the units must be certified by an independent professional engineer or architect. If the plan of development is not certified by an independent professional land surveyor or an independent professional engineer or architect, it must be acknowledged by the declarant.]

      Sec. 13.  NRS 116.211 is hereby amended to read as follows:

      116.211  1.  To exercise any developmental right reserved under paragraph (h) of subsection 1 of NRS 116.2105, the declarant shall prepare, execute and record an amendment to the declaration (NRS 116.2117) and in a condominium or planned community comply with NRS 116.2109. The declarant is the owner of any units thereby created. The amendment to the declaration must assign an identifying number to each new unit created, and, except in the case of subdivision or conversion of units described in subsection 2, reallocate the allocated interests among all units. The amendment must describe any common elements and any limited common elements thereby created and, in the case of limited common elements, designate the unit to which each is allocated to the extent required by NRS 116.2108.

      2.  Developmental rights may be reserved within any real estate added to the common-interest community if the amendment adding that real estate includes all matters required by NRS 116.2105 or 116.2106, as the case may be, and, in a condominium or planned community, the plats [and plans] include all matters required by NRS 116.2109. This provision does not extend the time limit on the exercise of developmental rights imposed by the declaration pursuant to paragraph (h) of subsection 1 of NRS 116.2105.

      3.  Whenever a declarant exercises a developmental right to subdivide or convert a unit previously created into additional units, common elements, or both:

      (a) If the declarant converts the unit entirely to common elements, the amendment to the declaration must convey it to the association or reallocate all the allocated interests of that unit among the other units as if that unit had been taken by eminent domain (NRS 116.1107); and

      (b) If the declarant subdivides the unit into two or more units, whether or not any part of the unit is converted into common elements, the amendment to the declaration must reallocate all the allocated interests of the unit among the units created by the subdivision in any reasonable manner prescribed by the declarant.

 


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      4.  If the declaration provides, pursuant to paragraph (h) of subsection 1 of NRS 116.2105, that all or a portion of the real estate is subject to a right of withdrawal:

      (a) If all the real estate is subject to withdrawal, and the declaration does not describe separate portions of real estate subject to that right, none of the real estate may be withdrawn after a unit has been conveyed to a purchaser; and

      (b) If any portion is subject to withdrawal, it may not be withdrawn after a unit in that portion has been conveyed to a purchaser.

      Sec. 14.  NRS 116.2112 is hereby amended to read as follows:

      116.2112  1.  Subject to the provisions of the declaration and other provisions of law, the boundaries between adjoining units may be relocated by an amendment to the declaration upon application to the association by the owners of those units. If the owners of the adjoining units have specified a reallocation between their units of their allocated interests, the application must state the proposed reallocations. Unless the executive board determines, within 30 days, that the reallocations are unreasonable, the association shall prepare an amendment that identifies the units involved and states the reallocations. The amendment must be executed by those units’ owners, contain words of conveyance between them, and, on recordation, be indexed in the name of the grantor and the grantee, and in the grantee’s index in the name of the association.

      2.  The association:

      (a) In a condominium or planned community shall prepare and record plats [or plans] necessary to show the altered boundaries between adjoining units, and their dimensions and identifying numbers; and

      (b) In a cooperative shall prepare and record amendments to the declaration [, including any plans,] necessary to show or describe the altered boundaries between adjoining units, and their dimensions and identifying numbers.

      Sec. 15.  NRS 116.2113 is hereby amended to read as follows:

      116.2113  1.  If the declaration expressly so permits, a unit may be subdivided into 2 or more units. Subject to the provisions of the declaration and other provisions of law, upon application of the unit’s owner to subdivide a unit, the association shall prepare, execute and record an amendment to the declaration, including in a condominium or planned community the plats , [and plans,] subdividing that unit.

      2.  The amendment to the declaration must be executed by the owner of the unit to be subdivided, assign an identifying number to each unit created, and reallocate the allocated interests formerly allocated to the subdivided unit to the new units in any reasonable manner prescribed by the owner of the subdivided unit.

      Sec. 16.  NRS 116.2114 is hereby amended to read as follows:

      116.2114  The existing physical boundaries of a unit or the physical boundaries of a unit reconstructed in substantial accordance with the description contained in the original declaration are its legal boundaries, rather than the boundaries derived from the description contained in the original declaration, regardless of vertical or lateral movement of the building or minor variance between those boundaries and the boundaries derived from the description contained in the original declaration. This section does not relieve a unit’s owner of liability in case of his willful misconduct or relieve a declarant or any other person of liability for failure to adhere to any plats [and plans] or, in a cooperative, to any representation in the public offering statement.

 


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misconduct or relieve a declarant or any other person of liability for failure to adhere to any plats [and plans] or, in a cooperative, to any representation in the public offering statement.

      Sec. 17.  NRS 116.2117 is hereby amended to read as follows:

      116.2117  1.  Except as otherwise provided in NRS 116.21175, and except in cases of amendments that may be executed by a declarant under subsection [6] 5 of NRS 116.2109 or NRS 116.211, or by the association under NRS 116.1107, subsection 4 of NRS 116.2106, subsection 3 of NRS 116.2108, subsection 1 of NRS 116.2112 or NRS 116.2113, or by certain units’ owners under subsection 2 of NRS 116.2108, subsection 1 of NRS 116.2112, subsection 2 of NRS 116.2113 or subsection 2 of NRS 116.2118, and except as otherwise limited by subsection 4, the declaration, including any plats , [and plans,] may be amended only by vote or agreement of units’ owners of units to which at least a majority of the votes in the association are allocated, or any larger majority the declaration specifies. The declaration may specify a smaller number only if all of the units are restricted exclusively to nonresidential use.

      2.  No action to challenge the validity of an amendment adopted by the association pursuant to this section may be brought more than 1 year after the amendment is recorded.

      3.  Every amendment to the declaration must be recorded in every county in which any portion of the common-interest community is located and is effective only upon recordation. An amendment, except an amendment pursuant to NRS 116.2112, must be indexed in the grantee’s index in the name of the common-interest community and the association and in the grantor’s index in the name of the parties executing the amendment.

      4.  Except to the extent expressly permitted or required by other provisions of this chapter, no amendment may change the boundaries of any unit, the allocated interests of a unit or the uses to which any unit is restricted, in the absence of unanimous consent of the units’ owners affected and the consent of a majority of the owners of the remaining units.

      5.  Amendments to the declaration required by this chapter to be recorded by the association must be prepared, executed, recorded and certified on behalf of the association by any officer of the association designated for that purpose or, in the absence of designation, by the president of the association.

      Sec. 18.  NRS 116.345 is hereby amended to read as follows:

      116.345  1.  An association of a planned community may not restrict, prohibit or otherwise impede the lawful residential use of any property that is within or encompassed by the boundaries of the planned community and that is not designated as part of the planned community.

      2.  Except as otherwise provided in this subsection, an association may not restrict the access of a person to any of his property. An association may restrict access to and from a unit within a planned community if the right to restrict such access was included in the declaration or in a separate recorded instrument at the time that the owner of the unit acquired title to the unit. The provisions of this subsection do not prohibit an association from charging the owner of the property a reasonable and nondiscriminatory fee to operate or maintain a gate or other similar device designed to control access to the planned community that would otherwise impede ingress or egress to the property.

 


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      3.  An association may not expand, construct or situate a building or structure that is not part of any plat [or plan] of the planned community if the expansion, construction or situation of the building or structure was not previously disclosed to the units’ owners of the planned community unless the association obtains the written consent of a majority of the units’ owners and residents of the planned community who own property or reside within 500 feet of the proposed location of the building or structure.

      4.  The provisions of this section do not abrogate any easement, restrictive covenant, decision of a court, agreement of a party or any contract, governing document or declaration of covenants, conditions and restrictions, or any other decision, rule or regulation that a local governing body or other entity that makes decisions concerning land use or planning is authorized to make or enact that exists before October 1, 1999, including, without limitation, a zoning ordinance, permit or approval process or any other requirement of a local government or other entity that makes decisions concerning land use or planning.

      Sec. 19.  NRS 116.4103 is hereby amended to read as follows:

      116.4103  1.  Except as otherwise provided in NRS 116.41035, a public offering statement must set forth or fully and accurately disclose each of the following:

      (a) The name and principal address of the declarant and of the common-interest community, and a statement that the common-interest community is either a condominium, cooperative or planned community.

      (b) A general description of the common-interest community, including to the extent possible, the types, number and declarant’s schedule of commencement and completion of construction of buildings, and amenities that the declarant anticipates including in the common-interest community.

      (c) The estimated number of units in the common-interest community.

      (d) Copies of the declaration, bylaws, and any rules or regulations of the association, but a plat [or plan] is not required.

      (e) A current year-to-date financial statement, including the most recent audited or reviewed financial statement, and the projected budget for the association, either within or as an exhibit to the public offering statement, for 1 year after the date of the first conveyance to a purchaser, and thereafter the current budget of the association. The budget must include, without limitation:

            (1) A statement of the amount included in the budget as reserves for repairs, replacement and restoration pursuant to NRS 116.3115; and

            (2) The projected monthly assessment for common expenses for each type of unit, including the amount established as reserves pursuant to NRS 116.3115.

      (f) A description of any services or subsidies being provided by the declarant or an affiliate of the declarant, not reflected in the budget.

      (g) Any initial or special fee due from the purchaser at closing, together with a description of the purpose and method of calculating the fee.

      (h) The terms and significant limitations of any warranties provided by the declarant, including statutory warranties and limitations on the enforcement thereof or on damages.

      (i) A statement that unless the purchaser or his agent has personally inspected the unit, the purchaser may cancel, by written notice, his contract for purchase until midnight of the fifth calendar day following the date of execution of the contract, and the contract must contain a provision to that effect.

 


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for purchase until midnight of the fifth calendar day following the date of execution of the contract, and the contract must contain a provision to that effect.

      (j) A statement of any unsatisfied judgments or pending suits against the association, and the status of any pending suits material to the common-interest community of which a declarant has actual knowledge.

      (k) Any current or expected fees or charges to be paid by units’ owners for the use of the common elements and other facilities related to the common-interest community.

      (l) The information statement set forth in NRS 116.41095.

      2.  A declarant is not required to revise a public offering statement more than once each calendar quarter, if the following warning is given prominence in the statement: “THIS PUBLIC OFFERING STATEMENT IS CURRENT AS OF (insert a specified date). RECENT DEVELOPMENTS REGARDING (here refer to particular provisions of NRS 116.4103 and 116.4105) MAY NOT BE REFLECTED IN THIS STATEMENT.”

      Sec. 20.  NRS 116.4109 is hereby amended to read as follows:

      116.4109  1.  Except in the case of a sale in which delivery of a public offering statement is required, or unless exempt under subsection 2 of NRS 116.4101, a unit’s owner or his authorized agent shall furnish to a purchaser a resale package containing all of the following:

      (a) A copy of the declaration, other than any plats , [and plans,] the bylaws, the rules or regulations of the association and the information statement required by NRS 116.41095;

      (b) A statement setting forth the amount of the monthly assessment for common expenses and any unpaid assessment of any kind currently due from the selling unit’s owner;

      (c) A copy of the current operating budget of the association and current year-to-date financial statement for the association, which must include a summary of the reserves of the association required by NRS 116.31152 and which must include, without limitation, a summary of the information described in paragraphs (a) to (e), inclusive, of subsection 3 of NRS 116.31152; and

      (d) A statement of any unsatisfied judgments or pending legal actions against the association and the status of any pending legal actions relating to the common-interest community of which the unit’s owner has actual knowledge.

      2.  The purchaser may, by written notice, cancel the contract of purchase until midnight of the fifth calendar day following the date of receipt of the resale package described in subsection 1, and the contract for purchase must contain a provision to that effect. If the purchaser elects to cancel a contract pursuant to this subsection, he must hand deliver the notice of cancellation to the unit’s owner or his authorized agent or mail the notice of cancellation by prepaid United States mail to the unit’s owner or his authorized agent. Cancellation is without penalty, and all payments made by the purchaser before cancellation must be refunded promptly. If the purchaser has accepted a conveyance of the unit, the purchaser is not entitled to:

      (a) Cancel the contract pursuant to this subsection; or

      (b) Damages, rescission or other relief based solely on the ground that the unit’s owner or his authorized agent failed to furnish the resale package, or any portion thereof, as required by this section.

 


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      3.  Within 10 days after receipt of a written request by a unit’s owner or his authorized agent, the association shall furnish all of the following to the unit’s owner or his authorized agent for inclusion in the resale package:

      (a) Copies of the documents required pursuant to paragraphs (a) and (c) of subsection 1; and

      (b) A certificate containing the information necessary to enable the unit’s owner to comply with paragraphs (b) and (d) of subsection 1.

      4.  If the association furnishes the documents and certificate pursuant to subsection 3:

      (a) The unit’s owner or his authorized agent shall include the documents and certificate in the resale package provided to the purchaser, and neither the unit’s owner nor his authorized agent is liable to the purchaser for any erroneous information provided by the association and included in the documents and certificate.

      (b) The association may charge the unit’s owner a reasonable fee to cover the cost of preparing the certificate furnished pursuant to subsection 3. Such a fee must be based on the actual cost the association incurs to fulfill the requirements of this section in preparing the certificate. The Commission shall adopt regulations establishing the maximum amount of the fee that an association may charge for preparing the certificate.

      (c) The association may charge the unit’s owner a reasonable fee, not to exceed 25 cents per page, to cover the cost of copying the other documents furnished pursuant to subsection 3.

      (d) Except for the fees allowed pursuant to paragraphs (b) and (c), the association may not charge the unit’s owner any other fees for preparing or furnishing the documents and certificate pursuant to subsection 3.

      5.  Neither a purchaser nor the purchaser’s interest in a unit is liable for any unpaid assessment or fee greater than the amount set forth in the documents and certificate prepared by the association. If the association fails to furnish the documents and certificate within the 10 days allowed by this section, the seller is not liable for the delinquent assessment.

      6.  Upon the request of a unit’s owner or his authorized agent, or upon the request of a purchaser to whom the unit’s owner has provided a resale package pursuant to this section or his authorized agent, the association shall make the entire study of the reserves of the association which is required by NRS 116.31152 reasonably available for the unit’s owner, purchaser or authorized agent to inspect, examine, photocopy and audit. The study must be made available at the business office of the association or some other suitable location within the county where the common-interest community is situated or, if it is situated in more than one county, within one of those counties.

      Sec. 21.  (Deleted by amendment.)

      Sec. 22.  NRS 116B.225 is hereby amended to read as follows:

      116B.225  “Special declarant’s rights” means rights reserved for the benefit of a declarant to:

      1.  Complete improvements indicated on plats [and plans] or in the declaration;

      2.  Exercise any developmental right;

      3.  Maintain sales offices, management offices and signs advertising the condominium hotel and models, provided, however, that the declarant is not required to reserve the right to maintain such offices or signs within the hotel unit or shared components or within any unit owned by the declarant;

 


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      4.  Use easements through the common elements, shared components or hotel unit for the purpose of making improvements within the condominium hotel;

      5.  Merge or consolidate a condominium hotel with another condominium hotel; or

      6.  Appoint or remove any officer of the association or any member of an executive board during any period of declarant’s control.

      Sec. 23.  NRS 116B.295 is hereby amended to read as follows:

      116B.295  1.  Any provision contained in a declaration, bylaw or other governing document of a condominium hotel that violates the provisions of this chapter shall be deemed to conform with those provisions by operation of law, and any such declaration, bylaw or other governing document is not required to be amended to conform to those provisions.

      2.  In the case of amendments to a declaration, bylaws or plats [and plans] of any condominium hotel created before January 1, 2008:

      (a) If the result accomplished by the amendment was permitted before January 1, 2008, the amendment may be made in accordance with that law, in which case that law applies to that amendment, or it may be made under this chapter; and

      (b) If the result accomplished by the amendment is permitted by this chapter and was not permitted by law before January 1, 2008, the amendment may be made under this chapter.

      Sec. 24.  NRS 116B.350 is hereby amended to read as follows:

      116B.350  1.  Plats [and plans] are a part of the declaration and are required for all condominium hotels. Each plat [and plan] must be clear and legible and contain a certification that the plat [or plan] contains all information required by this section.

      2.  Each plat must comply with the provisions of chapter 278 of NRS and show:

      (a) The name and a survey of the area which is the subject of the plat;

      (b) A sufficient description of the real estate;

      (c) The extent of any encroachments by or upon any portion of the property which is the subject of the plat;

      (d) The location and dimensions of all easements having a specific location and dimension which serve or burden any portion of the condominium hotel;

      (e) The location and dimensions with reference to an established datum of any vertical residential unit boundaries and that unit’s identifying number;

      (f) The location with reference to an established datum of any horizontal unit boundaries not shown or projected on [plans] plats recorded pursuant to subsection 4 and that unit’s identifying number;

      (g) The location and dimensions of the units, shared components and common elements; and

      (h) The location and dimensions of limited common elements, if any, including porches, balconies and patios.

      3.  Each plat must be certified by [an independent] a professional land surveyor. [The plans of the units must be certified by an independent professional engineer or architect.

      4.  Plats and plans need not show the location and dimensions of the units’ boundaries and their limited common elements if:

      (a) The plat shows the location and dimensions of all buildings containing or comprising the units; and

 


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      (b) The declaration includes other information that shows or contains a narrative description of the general layout of the units in those buildings and the limited common elements, if any, allocated to those units.

      5.  To the extent not shown or projected on the]

      4.  The plats [, plans of the units] must show or project any units in which the declarant has reserved the right to create additional units or common elements, or portions of the shared components or hotel unit, identified appropriately.

      [6.] 5.  Unless the declaration provides otherwise, when the horizontal boundaries of part of a unit located outside a building have the same elevation as the horizontal boundaries of the inside part [and] , the elevations need not be depicted on the plats . [and plans of the units.]

      [7.] 6.  Upon exercising any developmental right, the declarant shall prepare, execute and record new or amended plats necessary to conform to the requirements of this section.

      Sec. 25.  NRS 116B.365 is hereby amended to read as follows:

      116B.365  The existing physical boundaries of a residential unit or a hotel unit are its legal boundaries, rather than the boundaries derived from the description contained in the original declaration, regardless of vertical or lateral movement of the building or minor variance between those boundaries and the boundaries derived from the description contained in the original declaration. This section does not relieve a unit’s owner of liability in case of his willful misconduct or relieve a declarant or any other person of liability for failure to adhere to any plats. [and plans.]

      Sec. 26.  NRS 116B.760 is hereby amended to read as follows:

      116B.760  1.  Except in the case of a sale in which delivery of a public offering statement is required, a unit’s owner or his authorized agent shall furnish to a purchaser a resale package containing all of the following:

      (a) A copy of this chapter, the declaration, other than any plats , [and plans,] the bylaws, the rules or regulations of the association and the hotel unit owner and the information statement required by NRS 116B.765;

      (b) A statement setting forth the amount of the monthly assessment for common expenses and any unpaid assessment of any kind currently due from the selling unit’s owner;

      (c) A copy of the current operating budget of the association and current year-to-date financial statement for the association, which must include a summary of the reserves of the association required by this chapter;

      (d) A current year-to-date statement of the shared expenses charged to the units and the projected budget for the shared expenses, either within or as an exhibit to the public offering statement. The budget must include, without limitation:

            (1) A statement of the amount included in the budget as reserves for repairs, replacement and restoration pursuant to this chapter;

            (2) The projected monthly shared expenses for each type of unit, including the amount established as reserves pursuant to this chapter;

      (e) A description of any other payments, fees and charges that may be charged by the hotel unit owner, including those that may be charged in order to offset the increased burden placed on the shared components as a result of use of residential units as transient rentals; and

 


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      (f) A statement of any unsatisfied judgments or pending legal actions against the association or the hotel unit owner which affect the shared components and the status of any pending legal actions relating to the condominium hotel of which the unit’s owner has actual knowledge.

      2.  The purchaser may, by written notice, cancel the contract of purchase until midnight of the fifth calendar day following the date of receipt of the resale package described in subsection 1, and the contract for purchase must contain a provision to that effect. If the purchaser elects to cancel a contract pursuant to this subsection, he must hand deliver the notice of cancellation to the residential unit owner or his authorized agent or mail the notice of cancellation by prepaid United States mail to the residential unit owner or his authorized agent. Cancellation is without penalty, and all payments made by the purchaser before cancellation must be refunded promptly. If the purchaser has accepted a conveyance of the residential unit, the purchaser is not entitled to:

      (a) Cancel the contract pursuant to this subsection; or

      (b) Damages, rescission or other relief based solely on the ground that the residential unit owner or his authorized agent failed to furnish the resale package, or any portion thereof, as required by this section.

      3.  Within 10 days after receipt of a written request by a residential unit owner or his authorized agent, the hotel unit owner shall furnish all of the following to the residential unit owner or his authorized agent for inclusion in the resale package:

      (a) Copies of the documents required pursuant to paragraphs (a) and (c) of subsection 1; and

      (b) A certificate containing the information necessary to enable the residential unit owner to comply with paragraphs (b) and (d) of subsection 1.

      4.  If the hotel unit owner furnishes the documents and certificate pursuant to subsection 3:

      (a) The residential unit owner or his authorized agent shall include the documents and certificate in the resale package provided to the purchaser, and neither the residential unit owner nor his authorized agent is liable to the purchaser for any erroneous information provided by the hotel unit owner and included in the documents and certificate.

      (b) The hotel unit owner may charge the residential unit owner a reasonable fee to cover the cost of preparing the certificate furnished pursuant to subsection 3. Such a fee must be based on the actual cost the association incurs to fulfill the requirements of this section in preparing the certificate. The Commission shall adopt regulations establishing the maximum amount of the fee that the hotel unit owner may charge for preparing the certificate.

      (c) The hotel unit owner may charge the residential unit owner a reasonable fee, not to exceed 25 cents per page, to cover the cost of copying the other documents furnished pursuant to subsection 3.

      (d) Except for the fees allowed pursuant to paragraphs (b) and (c), the hotel unit owner may not charge the residential unit owner any other fees for preparing or furnishing the documents and certificate pursuant to subsection 3.

      5.  Neither a purchaser nor the purchaser’s interest in a residential unit is liable for any unpaid assessment or fee greater than the amount set forth in the documents and certificate prepared by the hotel unit owner. If the hotel unit owner fails to furnish the documents and certificate within the 10 days allowed by this section, the seller is not liable for the delinquent assessment.

 


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unit owner fails to furnish the documents and certificate within the 10 days allowed by this section, the seller is not liable for the delinquent assessment.

      6.  Upon the request of a residential unit owner or his authorized agent, or upon the request of a purchaser to whom the hotel unit owner has provided a resale package pursuant to this section or his authorized agent, the hotel unit owner shall make the entire study of the reserves of the association or the shared components reasonably available for the residential unit owner, purchaser or authorized agent to inspect, examine, photocopy and audit. The study must be made available at the business office of the association or the hotel unit owner or some other suitable location within the county where the condominium hotel is situated or, if it is situated in more than one county, within one of those counties.

________

 

CHAPTER 358, SB 277

Senate Bill No. 277–Senator Wiener

 

CHAPTER 358

 

AN ACT relating to estates; revising provisions relating to the succession of property under certain circumstances; modifying the compensation structure authorized for attorneys for personal representatives; making various other changes relating to the administration of estates of deceased persons; revising provisions governing declaratory relief for certain probate matters; and providing other matters properly relating thereto.

 

[Approved: May 29, 2009]

 

Legislative Counsel’s Digest:

      Existing law provides, with certain exceptions, that a will is revoked as to a person’s spouse if the person married the spouse after making a will and the spouse survives him. Section 2 of this bill additionally provides that the will is not revoked if the spouse is provided for by a transfer of property outside of the will under certain circumstances. (NRS 133.110) Further, section 2 provides that if a will is revoked as to a spouse, the spouse is entitled to the same share of the property as if the person who made the will had died intestate, meaning without a will. Section 3 of this bill amends the law in a similar manner as section 2 with regard to a child who is born after his parent made a will that does not provide for the child. (NRS 133.160)

      Existing law provides that if a person dies without a will and he leaves no issue, meaning children, grandchildren or more remote lineal descendents, surviving spouse, father or mother, the person’s estate must be distributed in equal shares to his brothers and sisters and to the children of his deceased brother or sister in equal shares per person. Section 5 of this bill provides that under such circumstances, the person’s brothers and sisters each receive a share and the lawful issue of any deceased brother or sister receive shares by right of representation, which means the lawful issue receive the same share their parents would have received. (NRS 134.060)

      Section 8 of this bill generally provides for the enforcement of a no-contest clause in a will with certain exceptions, including that a devisee’s share will not be reduced or eliminated if the devisee institutes legal action to invalidate a will in good faith and based on probable cause. Section 35 of this bill amends the law in a similar manner as section 8 with regard to a no-contest clause in a trust.

 


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      Existing law sets forth the qualifications for an executor of an estate, which include that a person must not have been convicted of a felony relating to the position of an executor. Section 9 of this bill gives the court discretion to determine whether a conviction for a felony should disqualify the person from serving in the position of an executor. (NRS 138.020) Existing law sets forth the qualifications for appointment as an administrator of an estate, which include that a person must not have been convicted of a felony relating to the position of an administrator. Section 10 of this bill: (1) amends the law in a similar manner as section 9 with regard to the qualifications for an administrator; and (2) revises the circumstances in which a person who is not a resident of Nevada may be qualified to serve as an administrator and in which a banking corporation not authorized to do business in Nevada may be qualified to serve as an administrator. (NRS 139.010) Existing law provides for the appointment by the court of a special administrator to collect and take charge of the estate of a decedent. Section 13 of this bill amends existing law to require a court to appoint as special administrators of an estate only those persons who satisfy the qualifications for appointment as an administrator of an estate. (NRS 140.020)

      Sections 15-18 of this bill revise certain provisions regarding the support of a decedent’s family to authorize the court to make certain decisions if it is deemed advisable considering the family’s needs and resources. (NRS 146.010, 146.020, 146.030, 146.050)

      Existing law provides for compensation of an attorney for a personal representative. (NRS 150.060) Sections 21-24 and 27 of this bill provide for compensation of such an attorney based upon, among other things, an hourly basis, the value of the estate and a contingency fee basis. Section 21 also provides for compensation of such an attorney for extraordinary services and defines the term “extraordinary services” for that purpose.

      Sections 30 and 31 of this bill provide that certain persons may seek declaratory relief under chapter 30 of NRS regarding a will, trust or certain other probate matters, but such proceedings for declaratory relief must only be commenced pursuant to titles 12 and 13 of NRS, as appropriate. (NRS 30.040, 30.060) Section 32 of this bill revises the definition of “community property” as used in various provisions throughout NRS. (NRS 41B.050, 123.220, 132.075)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  (Deleted by amendment.)

      Sec. 2.  NRS 133.110 is hereby amended to read as follows:

      133.110  1.  If a person marries after making a will and the spouse survives the maker, the will is revoked as to the spouse, unless [provision] :

      (a) Provision has been made for the spouse by marriage contract [, or unless the] ;

      (b) The spouse is provided for in the will, or in such a way mentioned therein as to show an intention not to make such provision; [and no other evidence to rebut the presumption of revocation shall be received.] or

      (c) The spouse is provided for by a transfer of property outside of the will and it appears that the maker intended the transfer to be in lieu of a testamentary provision.

      2.  When a will is revoked as to the spouse pursuant to subsection 1:

      (a) The spouse is entitled to the same share in the estate of the deceased spouse as if the deceased spouse had died intestate; and

      (b) The remaining provisions of the will remain intact to the extent those provisions are not inconsistent with paragraph (a), including, without limitation, any provision concerning the appointment of a personal representative.

 


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      Sec. 3.  NRS 133.160 is hereby amended to read as follows:

      133.160  1.  When a child is born after the making of a will by a parent of that child and no provision is made for the child in the will, the child is entitled to the same share in the estate of the testator as if the testator had died intestate, unless [it] :

      (a) It is apparent from the will that it was the intention of the testator that no provision should be made for that child [.] ; or

      (b) The testator provided for the omitted child by a transfer of property outside of the will and it appears that the testator intended the transfer to be in lieu of a testamentary provision.

      2.  If, pursuant to subsection 1, a child is entitled to take the same share in the estate of the testator as if the testator had died intestate, the remaining provisions of the will remain intact to the extent those provisions are not inconsistent with this subsection, including, without limitation, any provision concerning the appointment of a personal representative.

      Sec. 4.  (Deleted by amendment.)

      Sec. 5.  NRS 134.060 is hereby amended to read as follows:

      134.060  If there is no issue, surviving spouse, or father or mother, then the estate goes in equal shares to the brothers and sisters of the decedent and to the [children] lawful issue of any deceased brother or sister [in equal shares, per capita.] by right of representation as follows:

      1.  To the brothers and sisters, each a share; and

      2.  To the lawful issue of each deceased brother and sister, by right of representation, the same share that the parent would have received if the parent had been living at the time of the death of the decedent.

      Sec. 6.  NRS 136.090 is hereby amended to read as follows:

      136.090  1.  A petition for the probate of a will and issuance of letters must state:

      (a) The jurisdictional facts;

      (b) Whether the person named as personal representative consents to act or renounces the right to letters;

      (c) The names and residences of the heirs, next of kin and devisees of the decedent, the age of any heir, next of kin or devisee who is a minor, and the relationship of the heirs and next of kin to the decedent, so far as known to the petitioner;

      (d) The character and estimated value of the property of the estate;

      (e) The name of the person for whom letters are requested, and [that] whether the person has [never] been convicted of a felony; and

      (f) The name of any devisee who is deceased.

      2.  No defect of form or in the statement of jurisdictional facts actually existing voids the probate of a will.

      Sec. 7.  NRS 136.240 is hereby amended to read as follows:

      136.240  1.  The petition for the probate of a lost or destroyed will must include a copy of the will, or if no copy is available state, or be accompanied by a written statement of, the testamentary words, or the substance thereof.

      2.  If offered for probate, a lost or destroyed will must be proved in the same manner as other wills are proved under this chapter.

      3.  In addition, no will may be proved as a lost or destroyed will unless it is proved to have been in existence at the death of the person whose will it is claimed to be, or is shown to have been fraudulently destroyed in the lifetime of that person, nor unless its provisions are clearly and distinctly proved by at least two credible witnesses.

 


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lifetime of that person, nor unless its provisions are clearly and distinctly proved by at least two credible witnesses.

      4.  The testimony of each witness must be reduced to writing, signed by the witness and filed, and is admissible in evidence in any contest of the will if the witness has died or permanently moved from the State.

      5.  Notwithstanding any provision of this section to the contrary:

      (a) The production of a person’s lost or destroyed will, whose primary beneficiary is a nontestamentary trust established by the person and in existence at his death, creates a rebuttable presumption that the will had not been revoked.

      (b) If the proponent of a lost or destroyed will makes a prima facie showing that it was more likely than not left unrevoked by the person whose will it is claimed to be before his death, then the will must be admitted to probate in absence of an objection. If such prima facie showing has been made, the court shall accept a copy of such a will as sufficient proof of the terms thereof without requiring further evidence in the absence of any objection.

      6.  If the will is established, its provisions must be set forth specifically in the order admitting it to probate, or a copy of the will must be attached to the order.

      Sec. 8.  Chapter 137 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in subsections 3 and 4, a no-contest clause in a will must be enforced by the court.

      2.  A no-contest clause must be construed to carry out the testator’s intent. Except to the extent the will is vague or ambiguous, extrinsic evidence is not admissible to establish the testator’s intent concerning the no-contest clause. The provisions of this subsection do not prohibit such evidence from being admitted for any other purpose authorized by law.

      3.  Notwithstanding any provision to the contrary in the will, a devisee’s share must not be reduced or eliminated if the devisee seeks only to:

      (a) Enforce the terms of the will;

      (b) Enforce the devisee’s legal rights in the probate proceeding; or

      (c) Obtain a court ruling with respect to the construction or legal effect of the will.

      4.  Notwithstanding any provision to the contrary in the will, a devisee’s share must not be reduced or eliminated under a no-contest clause because the devisee institutes legal action seeking to invalidate a will if the legal action is instituted in good faith and based on probable cause that would have led a reasonable person, properly informed and advised, to conclude that there was a substantial likelihood that the will was invalid.

      5.  As used in this section, “no-contest clause” means one or more provisions in a will that express a directive to reduce or eliminate the share allocated to a devisee or to reduce or eliminate the distributions to be made to a devisee if the devisee takes action to frustrate or defeat the testator’s intent as expressed in the will.

      Sec. 9.  NRS 138.020 is hereby amended to read as follows:

      138.020  1.  No person is qualified to serve as an executor who, at the time the will is probated:

 


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      (a) Is under the age of majority;

      (b) Has been convicted of a felony [relating to] , unless the court determines that such a conviction should not disqualify the person from serving in the position of an executor;

      (c) Upon proof, is adjudged by the court disqualified to execute the duties of executor by reason of conflict of interest, drunkenness, improvidence or lack of integrity or understanding; or

      (d) Is a bank not authorized to do business in the State of Nevada, unless it associates as coexecutor a bank authorized to do business in this State. An out-of-state bank is qualified to appoint a substitute executor, pursuant to NRS 138.045, without forming such an association, but any natural person so appointed must be a resident of this State.

      2.  If a disqualified person is named as the sole executor in a will, or if all persons so named are disqualified or renounce their right to act, or fail to appear and qualify, letters of administration with the will annexed must issue.

      Sec. 10.  NRS 139.010 is hereby amended to read as follows:

      139.010  No person is entitled to letters of administration [who:] if the person:

      1.  Is under the age of majority;

      2.  Has been convicted of a felony [relating to] , unless the court determines that such a conviction should not disqualify the person from serving in the position of an administrator;

      3.  Upon proof, is adjudged by the court disqualified by reason of conflict of interest, drunkenness, improvidence, or lack of integrity or understanding; [or]

      4.  Is not a resident of the State of Nevada [and who does not associate] , unless the person:

      (a) Associates as coadministrator a resident of the State of Nevada [or which, in the case of a banking corporation, is not authorized to do business in this State and does not associate as coadministrator a resident of the State of Nevada] or a banking corporation authorized to do business in this State [.] ; or

      (b) Is named as personal representative in the will if the will is the subject of a pending petition for probate, and the court in its discretion believes it would be appropriate to make such an appointment; or

      5.  Is a banking corporation that is not authorized to do business in this State, unless the banking corporation:

      (a) Associates as coadministrator a resident of the State of Nevada or a banking corporation authorized to do business in this State; or

      (b) Is named as personal representative in the will if the will is the subject of a pending petition for probate, and the court in its discretion believes it would be appropriate to make such an appointment.

      Sec. 11.  NRS 139.040 is hereby amended to read as follows:

      139.040  1.  Administration of the intestate estate of a decedent must be granted to one or more of the persons mentioned in this section, and they are respectively entitled to priority for appointment in the following order:

      (a) The surviving spouse.

      (b) The children.

      (c) The father or the mother.

      (d) The brother or the sister.

      (e) The grandchildren.

 


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      (f) Any other of the kindred entitled to share in the distribution of the estate.

      (g) The public administrator.

      (h) Creditors who have become such during the lifetime of the decedent.

      (i) Any of the kindred not above enumerated, within the fourth degree of consanguinity.

      (j) Any person or persons legally qualified.

      2.  A person in each of the foregoing classes is entitled:

      (a) To appointment, if the person is:

            (1) A resident of the State of Nevada or [associates] the person:

                  (I) Associates as coadministrator a resident of the State of Nevada [;] or a banking corporation authorized to do business in this State; or

                  (II) Is named as personal representative in the will if the will is the subject of a pending petition for probate, and the court in its discretion believes it would be appropriate to make such an appointment; or

            (2) A banking corporation which is authorized to do business in this State or which [associates] :

                  (I) Associates as coadministrator a resident of the State of Nevada or a banking corporation authorized to do business in this State [.] ; or

                  (II) Is named as personal representative in the will if the will is the subject of a pending petition for probate, and the court in its discretion believes it would be appropriate to make such an appointment.

      (b) To nominate a resident of the State of Nevada or a qualified banking corporation for appointment, whether or not the nominator is a resident of the State of Nevada or a qualified banking corporation. The nominee has the same priority as the nominator. That priority is independent of the residence or corporate qualification of the nominator.

      3.  If any heir who is otherwise entitled to appointment is a minor or an incompetent person for whom a guardian has been appointed, the court may appoint the guardian of the minor or incompetent person as administrator.

      Sec. 12.  NRS 139.090 is hereby amended to read as follows:

      139.090  1.  A petition for letters of administration must be in writing, signed by the petitioner or the attorney for the petitioner and filed with the clerk of the court, and must state:

      (a) The jurisdictional facts;

      (b) The names and addresses of the heirs of the decedent and their relationship to the decedent, so far as known to the petitioner, and the age of any who is a minor;

      (c) The character and estimated value of the property of the estate; and

      (d) [That] Whether the person to be appointed as administrator has [never] been convicted of a felony.

      2.  No defect of form or in the statement of jurisdictional facts actually existing voids an order appointing an administrator or any of the subsequent proceedings.

      Sec. 13.  NRS 140.020 is hereby amended to read as follows:

      140.020  1.  The appointment of a special administrator may be made at chambers or in open court, and without notice or upon such notice to such interested persons as the court deems reasonable, and must be made by entry upon the minutes of the court or by written order signed and filed, which must specify the powers to be exercised by the special administrator.

 


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      2.  Upon the filing of the order, and after the person appointed has given bond if fixed by the court, the clerk shall issue special letters of administration, with a copy of the order attached.

      3.  In making the appointment of a special administrator, the court [may] :

      (a) Must appoint a person who satisfies the qualifications set forth in NRS 139.010; and

      (b) May give preference to the person or persons entitled to letters testamentary or letters of administration, but no appeal may be taken from the appointment.

      Sec. 14.  NRS 145.020 is hereby amended to read as follows:

      145.020  All proceedings taken under this chapter, whether or not the decedent left a will, must be originated by a petition for letters testamentary or letters of administration containing:

      1.  Jurisdictional information;

      2.  A description of the property of the decedent, including the character and estimated value of the property;

      3.  The names and residences of the heirs and devisees of the decedent and the age of any who is a minor and the relationship of each heir and devisee to the decedent, so far as known to the petitioner; and

      4.  A statement [that] indicating whether the person to be appointed as personal representative has [never] been convicted of a felony.

      Sec. 15.  NRS 146.010 is hereby amended to read as follows:

      146.010  Except as otherwise provided in this chapter or in NRS 125.510, if a person dies leaving a surviving spouse or a minor child or minor children, the surviving spouse, minor child or minor children are entitled to remain in possession of the homestead and of all the wearing apparel and provisions in the possession of the family, and all the household furniture, and are also entitled to a reasonable provision for their support, to be allowed by the court.

      Sec. 16.  NRS 146.020 is hereby amended to read as follows:

      146.020  Upon the filing of the inventory or at any time thereafter during the administration of the estate, the court, on its own motion or upon petition by an interested person, [shall] may, if deemed advisable considering the needs and resources of the surviving spouse, minor child or minor children, set apart for the use of the [family] surviving spouse, minor child or minor children of the decedent all of the personal property which is exempt by law from execution, and shall , in accordance with NRS 146.050, set apart the homestead, as designated by the general homestead law then in force, whether the homestead has theretofore previously been selected as required by law or not, and the property thus set apart is not subject to administration.

      Sec. 17.  NRS 146.030 is hereby amended to read as follows:

      146.030  1.  If the whole property exempt by law is set apart and is not sufficient for the support of the surviving spouse, minor child or minor children, the court [shall] may, if deemed advisable considering the needs and resources of the surviving spouse, minor child or minor children, make such reasonable allowance out of the estate as is necessary for the maintenance of the family according to their circumstances during the progress of the administration of the estate, which, in case of an insolvent estate, may not be longer than 1 year after granting letters of administration.

 


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      2.  If the surviving spouse or any minor child has a reasonable maintenance derived from other property, and there are other persons entitled to a family allowance, the allowance must be granted only to those who do not have such maintenance, or the allowance may be apportioned in such manner as may be just.

      Sec. 18.  NRS 146.050 is hereby amended to read as follows:

      146.050  1.  If the homestead was selected by the spouses, or either of them, during their marriage, and recorded while both were living, as provided in chapter 115 of NRS, it vests, on the death of either spouse, absolutely in the survivor, unless vesting is otherwise required pursuant to subsection 2 of NRS 115.060.

      2.  If no homestead was so selected, a homestead may be set apart by the court to the [family] surviving spouse, minor child or minor children of the decedent for a limited period if deemed advisable considering the needs and resources of the family and the nature, character and obligations of the estate. The duration of the homestead must be designated in the order setting it apart and may not extend beyond the lifetime of the surviving spouse or the minority of any child of the decedent, whichever is longer. A homestead so set apart then vests, subject to the setting apart:

      (a) If set apart from the separate property of the decedent, in the heirs or devisees of the decedent.

      (b) If set apart from community property, one-half in the surviving spouse and one-half in the devisees of the decedent, or if no disposition is made, then entirely in the surviving spouse.

      3.  In either case referred to in subsection 1 or 2, the homestead is not subject to the payment of any debt or liability existing against the spouses, or either of them, at the time of death of either, unless the debt or liability is secured by a mortgage or lien.

      Sec. 19.  NRS 148.120 is hereby amended to read as follows:

      148.120  When an offer is presented for confirmation by the court, other offerors may submit higher bids and the court may confirm the highest bid. [Upon] Except as otherwise provided in this section, upon confirmation, the real estate commission must be divided between the listing agent and the agent, if any, who procured the purchaser to whom the sale was confirmed, in accordance with the listing agreement. If the agent who procured the offer presented for confirmation by the court is not the agent who procured the purchaser to whom the sale was confirmed, then the real estate commission payable to the agent who procured the purchaser must be divided equally between the agent who procured the offer and the agent who procured the purchaser unless otherwise directed by the court.

      Sec. 20.  Chapter 150 of NRS is hereby amended by adding thereto the provisions set forth as sections 21 to 25, inclusive, of this act.

      Sec. 21.  1.  If an attorney for a personal representative receives compensation pursuant to NRS 150.060 based on the value of the estate accounted for by the personal representative, the court may allow additional compensation for extraordinary services by the attorney for the personal representative in an amount the court determines is just and reasonable after petition, notice and hearing in the manner provided in NRS 150.060.

      2.  Extraordinary services by the attorney for a personal representative for which the court may allow compensation include extraordinary services performed by a paralegal under the direction and supervision of the attorney.

 


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      3.  The petition requesting approval for compensation for extraordinary services must include the following information:

      (a) Reference to time and hours;

      (b) The nature and extent of services rendered;

      (c) The complexity of the work required;

      (d) The hours spent and services performed by a paralegal if the compensation includes extraordinary services performed by a paralegal as described in subsection 2; and

      (e) Other information considered to be relevant to a determination of entitlement.

      4.  An attorney for a personal representative may agree to perform extraordinary services on a contingency fee basis if:

      (a) There is a written agreement between the personal representative and the attorney that sets forth the manner in which the compensation is to be calculated and that is approved by the court after a hearing; and

      (b) The court determines that the compensation provided in the agreement is just and reasonable and that the agreement will be to the advantage of the estate and is in the best interests of the persons interested in the estate.

      5.  Notice of a hearing required by subsection 4 must be given for the period and in the manner provided in NRS 155.010.

      6.  As used in this section, “extraordinary services” include, without limitation:

      (a) Sales or mortgages of real or personal property;

      (b) Operating a decedent’s business;

      (c) Participating in litigation relating to the estate;

      (d) Securing a loan to pay debts relating to the estate; and

      (e) Preparing and filing income tax returns for the estate.

      Sec. 22.  If there are two or more attorneys for a personal representative, the compensation must be apportioned among the attorneys by the court according to the services actually rendered by each attorney unless otherwise provided in an agreement by the attorneys.

      Sec. 23.  1.  At any time after the expiration of the period for creditors of the estate to file their claims in a summary or full administration pursuant to NRS 145.060 or 147.040, as applicable, the personal representative or the attorney for the personal representative may file a petition with the court for an allowance upon the compensation of the attorney for the personal representative.

      2.  The clerk shall set the petition for hearing and the petitioner shall give notice of the petition to the personal representative if he is not the petitioner and to all known heirs in an intestacy proceeding and devisees in a will proceeding. The notice must be given for the period and in the manner provided in NRS 155.010. If a complete copy of the petition is not attached to the notice, the notice must include a statement of the amount of the compensation which the court will be requested to approve or allow and the manner in which the compensation was determined.

      3.  On the hearing, the court may enter an order allowing the portion of the compensation of the attorney for the personal representative for such services rendered up to that time as the court deems proper. The order must authorize the personal representative to charge against the estate the amount of compensation allowed by the court pursuant to this subsection.

 


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      Sec. 24.  1.  At the time of the filing of the final account and of a petition for an order for final distribution of the estate, the personal representative or the attorney for the personal representative may file a petition with the court for an order fixing and allowing the compensation of the attorney for the personal representative for all services rendered in the estate proceeding.

      2.  The request for compensation described in subsection 1 may be included in the final account or in the petition for an order for final distribution of the estate or may be made in a separate petition.

      3.  The clerk shall set the petition for hearing and the petitioner shall give notice of the petition to the personal representative if he is not the petitioner and to all known heirs in an intestacy proceeding and devisees in a will proceeding. The notice must be given for the period and in the manner provided in NRS 155.010. If a complete copy of the petition is not attached to the notice, the notice must include a statement of the amount of the compensation which the court will be requested to approve or allow and the manner in which the compensation was determined.

      4.  On the hearing, the court shall make an order fixing and allowing the compensation for all services rendered in the estate proceeding. The order must authorize the personal representative to pay the attorney out of the estate the amount of compensation allowed by the court pursuant to this subsection less any amount paid to the attorney out of the estate pursuant to section 23 of this act.

      Sec. 25.  Except as otherwise provided by the donor or decedent in writing:

      1.  Except as otherwise provided in subsection 3, for gifts that were made subject to the federal gift tax and in cases where the decedent’s estate is insufficient to pay all federal gift taxes due at the time of the decedent’s death, the unpaid federal gift tax must be borne on a pro rata basis by those receiving the transfers that triggered the tax in the proportion that the value of the property, interest or benefit of each such person bears to the total value of the property subject to the federal gift tax.

      2.  The federal generation-skipping transfer tax must be borne on a pro rata basis by those persons receiving the transfers that triggered the tax in the proportion that the value of the property, interest or benefit of each such person bears to the total value of the property subject to the federal generation-skipping transfer tax.

      3.  The application of exclusions, exemptions, deferrals or other provisions of the law available at the time of each transfer must be applied in chronological order to the transfers to which they relate.

      4.  To the extent issues remain unresolved after applying the principles set forth in subsections 1, 2 and 3, the provisions of NRS 150.290 to 150.380, inclusive:

      (a) Must be applied to determine the allocation, apportionment and collection of federal transfer taxes other than the federal estate tax, including, without limitation, the federal gift tax and the federal generation-skipping transfer tax; and

      (b) Must be applied to determine the procedures for the judicial determination of the apportionment of federal transfer taxes other than the federal estate tax, including, without limitation, the federal gift tax and the federal generation-skipping transfer tax.

 


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      Sec. 26.  NRS 150.020 is hereby amended to read as follows:

      150.020  1.  If no compensation is provided by the will, or the personal representative renounces all claims thereto, fees must be allowed upon the whole amount of the estate which has been accounted for, less liens and encumbrances, as follows:

      (a) For the first $15,000, at the rate of 4 percent.

      (b) For the next $85,000, at the rate of 3 percent.

      (c) For all above $100,000, at the rate of 2 percent.

      2.  The same fees must be allowed to the personal representative if there is no will.

      3.  If there are two or more personal representatives, the compensation must be apportioned among them by the court according to the services actually rendered by each.

      4.  In addition to the fees described in subsection 1, the court may allow such fees as it deems just and reasonable if the fees authorized pursuant to subsection 1 are not sufficient to reasonably compensate the personal representative.

      Sec. 27.  NRS 150.060 is hereby amended to read as follows:

      150.060  1.  Attorneys for personal representatives are entitled to reasonable compensation for their services, to be paid out of the decedent’s estate.

      2.  An attorney for a personal representative may be compensated based on:

      (a) The applicable hourly rate of the attorney;

      (b) The value of the estate accounted for by the personal representative;

      (c) An agreement as set forth in subsection 4 of section 21 of this act; or

      (d) Any other method preapproved by the court pursuant to a request in the initial petition for the appointment of the personal representative.

      3.  If the attorney is requesting compensation based on the hourly rate of the attorney, he may include, as part of that compensation for ordinary services, a charge for legal services or paralegal services performed by a person under his direction and supervision.

      4.  If the attorney is requesting compensation based on the value of the estate accounted for by the personal representative, the allowable compensation of the attorney for ordinary services must be determined as follows:

      (a) For the first $100,000, at the rate of 4 percent;

      (b) For the next $100,000, at the rate of 3 percent;

      (c) For the next $800,000, at the rate of 2 percent;

      (d) For the next $9,000,000, at the rate of 1 percent;

      (e) For the next $15,000,000, at the rate of .05 percent; and

      (f) For all amounts above $25,000,000, a reasonable amount to be determined by the court.

      5.  Before an attorney may receive compensation based on the value of the estate accounted for by the personal representative, the personal representative must sign a written agreement as required by subsection 8. The agreement must be prepared by the attorney and must include detailed information, concerning, without limitation:

 


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      (a) The schedule of fees to be charged by the attorney;

      (b) The manner in which compensation for extraordinary services may be charged by the attorney; and

      (c) The fact that the court is required to approve the compensation of the attorney pursuant to subsection 8 before the personal representative pays any such compensation to the attorney.

      6.  For the purposes of determining the compensation of an attorney pursuant to subsection 4, the value of the estate accounted for by the personal representative:

      (a) Is the total amount of the appraisal of property in the inventory, plus:

            (1) The gains over the appraisal value on sales; and

            (2) The receipts, less losses from the appraisal value on sales; and

      (b) Does not include encumbrances or other obligations on the property of the estate.

      7.  In addition to the compensation for ordinary services of an attorney set forth in this section, an attorney may also be entitled to receive compensation for extraordinary services as set forth in section 21 of this act.

      8.  The [amount] compensation of the attorney must be fixed by written agreement between the personal representative and the attorney, and is subject to approval by the court, after petition, notice and hearing as provided in [subsection 2.] this section. If the personal representative and the attorney fail to reach agreement, or if the attorney is also the personal representative, the amount must be determined and allowed by the court. The petition requesting approval of the compensation of the attorney must contain specific and detailed information supporting the entitlement to compensation, including:

      (a) If the attorney is requesting compensation based upon the value of the estate accounted for by the personal representative, the attorney must provide the manner of calculating the compensation in the petition; and

      (b) If the attorney is requesting compensation based on an hourly basis, or is requesting compensation for extraordinary services, the attorney must provide the following information to the court:

            (1) Reference to time and hours;

      [(b)] (2) The nature and extent of services rendered;

      [(c)] (3) Claimed ordinary and extraordinary services;

      [(d)] (4) The complexity of the work required; and

      [(e)] (5) Other information considered to be relevant to a determination of entitlement.

      [2.] 9.  The clerk shall set the petition for hearing, and the petitioner shall give notice of the petition to the personal representative if he is not the petitioner and to all known heirs in an intestacy proceeding and devisees in a will proceeding. The notice must be given for the period and in the manner provided in NRS 155.010. If a complete copy of the petition is not attached to the notice, the notice must include a statement of the amount of the fee which the court will be requested to approve or allow.

      [3.] 10.  On similar petition, notice and hearing, the court may make an allowance to an attorney for services rendered up to a certain time during the proceedings.

 


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      [4.] If the attorney is requesting compensation based upon the value of the estate as accounted for by the personal representative, the court may apportion the compensation as it deems appropriate given the amount of work remaining to close the estate.

      11.  An heir or devisee may file objections to a petition filed pursuant to this section, and the objections must be considered at the hearing.

      [5.] 12.  Except as otherwise provided in this subsection, an attorney for minor, absent, unborn, incapacitated or nonresident heirs is entitled to compensation primarily out of the estate of the distributee so represented by him in those cases and to such extent as may be determined by the court. If the court finds that all or any part of the services performed by the attorney for the minor, absent, unborn, incapacitated or nonresident heirs was of value to the decedent’s entire estate as such and not of value only to those heirs, the court shall order that all or part of the attorney’s fee be paid to the attorney out of the money of the decedent’s entire estate as a general administrative expense of the estate. The amount of these fees must be determined in the same manner as the other attorney’s fees provided for in this section.

      Sec. 28.  NRS 153.031 is hereby amended to read as follows:

      153.031  1.  A trustee or beneficiary may petition the court regarding any aspect of the affairs of the trust, including:

      (a) Determining the existence of the trust;

      (b) Determining the construction of the trust instrument;

      (c) Determining the existence of an immunity, power, privilege, right or duty;

      (d) Determining the validity of a provision of the trust;

      (e) Ascertaining beneficiaries and determining to whom property is to pass or be delivered upon final or partial termination of the trust, to the extent not provided in the trust instrument;

      (f) Settling the accounts and reviewing the acts of the trustee, including the exercise of discretionary powers;

      (g) Instructing the trustee;

      (h) Compelling the trustee to report information about the trust or account, to the beneficiary;

      (i) Granting powers to the trustee;

      (j) Fixing or allowing payment of the trustee’s compensation, or reviewing the reasonableness of his compensation;

      (k) Appointing or removing a trustee;

      (l) Accepting the resignation of a trustee;

      (m) Compelling redress of a breach of the trust;

      (n) Approving or directing the modification or termination of the trust;

      (o) Approving or directing the combination or division of trusts;

      (p) Amending or conforming the trust instrument in the manner required to qualify the estate of a decedent for the charitable estate tax deduction under federal law, including the addition of mandatory requirements for a charitable-remainder trust; [and]

      (q) Compelling compliance with the terms of the trust or other applicable law [.] ; and

      (r) Permitting the division or allocation of the aggregate value of community property assets in a manner other than on a pro rata basis.

      2.  A petition under this section must state the grounds of the petition and the name and address of each interested person, including the Attorney General if the petition relates to a charitable trust, and the relief sought by the petition.

 


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General if the petition relates to a charitable trust, and the relief sought by the petition. Except as otherwise provided in this chapter, the clerk shall set the petition for hearing and the petitioner shall give notice for the period and in the manner provided in NRS 155.010. The court may order such further notice to be given as may be proper.

      3.  If the court grants any relief to the petitioner, the court may, in its discretion, order any or all of the following additional relief if the court determines that such additional relief is appropriate to redress or avoid an injustice:

      (a) Order a reduction in the trustee’s compensation.

      (b) Order the trustee to pay to the petitioner or any other party all reasonable costs incurred by the party to adjudicate the affairs of the trust pursuant to this section, including, without limitation, reasonable attorney’s fees. The trustee may not be held personally liable for the payment of such costs unless the court determines that the trustee was negligent in the performance of or breached his fiduciary duties.

      Sec. 29.  NRS 155.190 is hereby amended to read as follows:

      155.190  [In]

      1.  Except as otherwise provided in subsection 2, in addition to any order from which an appeal is expressly permitted by this title, an appeal may be taken to the Supreme Court within 30 days after the notice of entry of an order:

      [1.] (a) Granting or revoking letters testamentary or letters of administration.

      [2.] (b) Admitting a will to probate or revoking the probate thereof.

      [3.] (c) Setting aside an estate claimed not to exceed [$50,000] $100,000 in value.

      [4.] (d) Setting apart property as a homestead, or claimed to be exempt from execution.

      [5.] (e) Granting or modifying a family allowance.

      [6.] (f) Directing or authorizing the sale or conveyance or confirming the sale of property.

      [7.] (g) Settling an account of a personal representative or trustee.

      [8.] (h) Instructing or appointing a trustee.

      [9.] (i) Instructing or directing a personal representative.

      [10.] (j) Directing or allowing the payment of a debt, claim, devise or attorney’s fee.

      [11.] (k) Determining heirship or the persons to whom distribution must be made or trust property must pass.

      [12.] (l) Distributing property.

      [13.] (m) Refusing to make any order mentioned in this section . [or]

      (n) Making any decision wherein the amount in controversy equals or exceeds, exclusive of costs, [$5,000.] $10,000.

      [14.] (o) Granting or denying a motion to enforce the liability of a surety filed pursuant to NRS 142.035.

      [15.] (p) Granting an order for conveyance or transfer pursuant to NRS 148.410.

      2.  If a party timely files in the district court any of the following motions under the Nevada Rules of Civil Procedure, the time to file a notice of appeal pursuant to this section runs for all parties from entry of an order disposing of the last such remaining motion, and the notice of appeal must be filed not later than 30 days after the date of service of written notice of entry of that order:

 


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appeal must be filed not later than 30 days after the date of service of written notice of entry of that order:

      (a) A motion for judgment under Rule 50(b);

      (b) A motion under Rule 52(b) to amend or make additional findings of fact;

      (c) A motion under Rule 59 to alter or amend the judgment; or

      (d) A motion for a new trial under Rule 59.

      Sec. 30.  NRS 30.040 is hereby amended to read as follows:

      30.040  1.  Any person interested under a deed, [will,] written contract or other writings constituting a contract, or whose rights, status or other legal relations are affected by a statute, municipal ordinance, contract or franchise, may have determined any question of construction or validity arising under the instrument, statute, ordinance, contract or franchise and obtain a declaration of rights, status or other legal relations thereunder.

      2.  A maker or legal representative of a maker of a will, trust or other writings constituting a testamentary instrument may have determined any question of construction or validity arising under the instrument and obtain a declaration of rights, status or other legal relations thereunder. Any action for declaratory relief under this subsection may only be made in a proceeding commenced pursuant to the provisions of title 12 or 13 of NRS, as appropriate.

      Sec. 31.  NRS 30.060 is hereby amended to read as follows:

      30.060  1.  Any person interested as or through an executor, administrator, trustee, guardian or other fiduciary, creditor, devisee, legatee, heir, next of kin or cestui que trust, in the administration of a trust, or of the estate of a decedent, an infant, lunatic or insolvent, may have a declaration of rights or legal relations in respect thereto:

      [1.] (a) To ascertain any class of creditors, devisees, legatees, heirs, next of kin or others; [or

      2.] (b) To direct the executors, administrators or trustees to do or abstain from doing any particular act in their fiduciary capacity; or

      [3.] (c) To determine any question arising in the administration of the estate or trust, including questions of construction of wills , trusts and other writings.

      2.  Any action for declaratory relief under this section may only be made in a proceeding commenced pursuant to the provisions of title 12 or 13 of NRS, as appropriate.

      Sec. 32.  NRS 123.220 is hereby amended to read as follows:

      123.220  All property, other than that stated in NRS 123.130, acquired after marriage by either husband or wife, or both, is community property unless otherwise provided by:

      1.  An agreement in writing between the spouses . [, which is effective only as between them.]

      2.  A decree of separate maintenance issued by a court of competent jurisdiction.

      3.  NRS 123.190.

      4.  A decree issued or agreement in writing entered pursuant to NRS 123.259.

 

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