Link to Page 2694

 

…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2695ê

 

CHAPTER 475, AB 561

Assembly Bill No. 561–Committee on Ways and Means

 

CHAPTER 475

 

AN ACT relating to reorganization of State Government; temporarily eliminating the Consumer Affairs Division of the Department of Business and Industry; temporarily eliminating the position of Commissioner of Consumer Affairs; transferring certain duties and powers of the Division and the Commissioner; and providing other matters properly relating thereto.

 

[Approved: June 8, 2009]

 

Legislative Counsel’s Digest:

      Existing law requires the chief of each division of the Department of Business and Industry to administer the provisions of law relating to his division, subject to the administrative supervision of the Director of the Department. (NRS 232.530) Sections 3 and 4 of this bill temporarily eliminate the Consumer Affairs Division of the Department and the position of Commissioner of Consumer Affairs for the 2009-2011 biennium.

      Existing law provides for the regulation of garages, garagemen and body shops by the Commissioner of Consumer Affairs and for the registration or licensure of garages, garagemen and body shops with the Department of Motor Vehicles. (NRS 487.530-487.570, 487.600-487.690, 597.480-597.590) Sections 8-26 of this bill transfer authority for the regulation of garages, garagemen and body shops to the Department of Motor Vehicles and provide for the enforcement of those provisions by the Director of the Department. Section 6 of this bill allows the Department of Motor Vehicles to impose a fine on a person who engages in certain deceptive trade practices relating to the sale or lease of a vehicle under certain circumstances. Section 1 of this bill creates a revolving account administered by the Consumer’s Advocate, to be used to pay the costs of conducting certain undercover investigations.

      Existing law requires the Consumer Affairs Division to administer certain provisions of law governing credit service organizations. (NRS 598.701-598.787) Sections 52-56 of this bill transfer the powers and duties of the Consumer Affairs Division relating to credit service organizations to the Division of Mortgage Lending of the Department of Business and Industry.

      Sections 36-47 and 49 of this bill temporarily transfer the powers and duties of the Commissioner of Consumer Affairs relating to deceptive trade practices to the Attorney General.

      Existing law requires the Consumer Affairs Division to administer certain provisions of law governing sellers of travel, sightseeing tours, organizations for buying goods or services, and dance studios and health clubs. (NRS 598.305-598.966) Section 51 of this bill provides that complaints concerning the charges for a sightseeing tour may be directed to the Attorney General. Sections 57-61 of this bill temporarily authorize the Attorney General solely to enforce certain provisions relating to organizations for buying goods or services at a discount, dance studios and health clubs.

      Sections 63-75 of this bill authorize the Attorney General to enforce certain provisions relating to solicitation by telephone.

      Section 80 of this bill restores the Consumer Affairs Division, the position of the Commissioner of Consumer Affairs and the powers and duties of the Division and the Commissioner relating to deceptive trade practices, sellers of travel, sightseeing tours, organizations for buying goods or services, and dance studios and health clubs effective July 1, 2011.

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2696 (Chapter 475, AB 561)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 228 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  There is hereby created a revolving account for the Bureau of Consumer Protection in the sum of $7,500, which must be used for the payment of expenses relating to conducting an undercover investigation of a person who is allegedly engaging in a deceptive trade practice or violating any provision of sections 10 to 26, inclusive, of this act.

      2.  The Consumer’s Advocate shall deposit the money in the revolving account in a bank or credit union qualified to receive deposits of public money as provided by law, and the deposit must be secured by a depository bond satisfactory to the State Board of Examiners.

      3.  The Consumer’s Advocate or his designee may:

      (a) Sign all checks drawn upon the revolving account; and

      (b) Make withdrawals of cash from the revolving account.

      4.  Payments made from the revolving account must be promptly reimbursed from the legislative appropriation, if any, to the Consumer’s Advocate for the expenses relating to conducting an undercover investigation of a person who is allegedly engaging in a deceptive trade practice or violating any provision of sections 10 to 26, inclusive, of this act. The claim for reimbursement must be processed and paid as other claims against the State are paid.

      5.  The Consumer’s Advocate shall:

      (a) Approve any disbursement from the revolving account; and

      (b) Maintain records of any such disbursement.

      Sec. 2.  NRS 228.300 is hereby amended to read as follows:

      228.300  As used in NRS 228.300 to 228.390, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 228.302 to 228.308, inclusive, have the meanings ascribed to them in those sections.

      Sec. 3.  NRS 232.510 is hereby amended to read as follows:

      232.510  1.  The Department of Business and Industry is hereby created.

      2.  The Department consists of a Director and the following:

      (a) [Consumer Affairs Division.

      (b)] Division of Financial Institutions.

      [(c)] (b) Housing Division.

      [(d)] (c) Manufactured Housing Division.

      [(e)] (d) Real Estate Division.

      [(f)] (e) Division of Insurance.

      [(g)] (f) Division of Industrial Relations.

      [(h)] (g) Office of Labor Commissioner.

      [(i)] (h) Taxicab Authority.

      [(j)] (i) Nevada Athletic Commission.

      [(k)] (j) Office of the Nevada Attorney for Injured Workers.

      [(l)] (k) Nevada Transportation Authority.

      [(m)] (l) Division of Mortgage Lending.

      [(n)] (m) Any other office, commission, board, agency or entity created or placed within the Department pursuant to a specific statute, the budget approved by the Legislature or an executive order, or an entity whose budget or activities have been placed within the control of the Department by a specific statute.

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2697 (Chapter 475, AB 561)ê

 

      Sec. 4.  NRS 232.520 is hereby amended to read as follows:

      232.520  The Director:

      1.  Shall appoint a chief or executive director, or both of them, of each of the divisions, offices, commissions, boards, agencies or other entities of the Department, unless the authority to appoint such a chief or executive director, or both of them, is expressly vested in another person, board or commission by a specific statute. In making the appointments, the Director may obtain lists of qualified persons from professional organizations, associations or other groups recognized by the Department, if any. The [chief of the Consumer Affairs Division is the Commissioner of Consumer Affairs, the] chief of the Division of Financial Institutions is the Commissioner of Financial Institutions, the chief of the Housing Division is the Administrator of the Housing Division, the chief of the Manufactured Housing Division is the Administrator of the Manufactured Housing Division, the chief of the Real Estate Division is the Real Estate Administrator, the chief of the Division of Insurance is the Commissioner of Insurance, the chief of the Division of Industrial Relations is the Administrator of the Division of Industrial Relations, the chief of the Office of Labor Commissioner is the Labor Commissioner, the chief of the Taxicab Authority is the Taxicab Administrator, the chief of the Nevada Transportation Authority is the Chairman of the Authority, the chief of the Division of Mortgage Lending is the Commissioner of Mortgage Lending and the chief of any other entity of the Department has the title specified by the Director, unless a different title is specified by a specific statute.

      2.  Is responsible for the administration of all provisions of law relating to the jurisdiction, duties and functions of all divisions and other entities within the Department. The Director may, if he deems it necessary to carry out his administrative responsibilities, be considered as a member of the staff of any division or other entity of the Department for the purpose of budget administration or for carrying out any duty or exercising any power necessary to fulfill the responsibilities of the Director pursuant to this subsection. This subsection does not allow the Director to preempt any authority or jurisdiction granted by statute to any division or other entity within the Department or to act or take on a function that would contravene a rule of court or a statute.

      3.  May:

      (a) Establish uniform policies for the Department, consistent with the policies and statutory responsibilities and duties of the divisions and other entities within the Department, relating to matters concerning budgeting, accounting, planning, program development, personnel, information services, dispute resolution, travel, workplace safety, the acceptance of gifts or donations, the management of records and any other subject for which a uniform departmental policy is necessary to ensure the efficient operation of the Department.

      (b) Provide coordination among the divisions and other entities within the Department, in a manner which does not encroach upon their statutory powers and duties, as they adopt and enforce regulations, execute agreements, purchase goods, services or equipment, prepare legislative requests and lease or use office space.

      (c) Define the responsibilities of any person designated to carry out the duties of the Director relating to financing, industrial development or business support services.

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2698 (Chapter 475, AB 561)ê

 

      4.  May, within the limits of the financial resources made available to him, promote, participate in the operation of, and create or cause to be created, any nonprofit corporation, pursuant to chapter 82 of NRS, which he determines is necessary or convenient for the exercise of the powers and duties of the Department. The purposes, powers and operation of the corporation must be consistent with the purposes, powers and duties of the Department.

      5.  For any bonds which he is otherwise authorized to issue, may issue bonds the interest on which is not exempt from federal income tax or excluded from gross revenue for the purposes of federal income tax.

      6.  May, except as otherwise provided by specific statute, adopt by regulation a schedule of fees and deposits to be charged in connection with the programs administered by him pursuant to chapters 348A and 349 of NRS. Except as otherwise provided by specific statute, the amount of any such fee or deposit must not exceed 2 percent of the principal amount of the financing.

      7.  May designate any person within the Department to perform any of the duties or responsibilities, or exercise any of the authority, of the Director on his behalf.

      8.  May negotiate and execute agreements with public or private entities which are necessary to the exercise of the powers and duties of the Director or the Department.

      9.  May establish a trust account in the State Treasury for depositing and accounting for money that is held in escrow or is on deposit with the Department for the payment of any direct expenses incurred by the Director in connection with any bond programs administered by the Director. The interest and income earned on money in the trust account, less any amount deducted to pay for applicable charges, must be credited to the trust account. Any balance remaining in the account at the end of a fiscal year may be:

      (a) Carried forward to the next fiscal year for use in covering the expense for which it was originally received; or

      (b) Returned to any person entitled thereto in accordance with agreements or regulations of the Director relating to those bond programs.

      Sec. 5.  NRS 482.5434 is hereby amended to read as follows:

      482.5434  “Body shop” has the meaning ascribed to it in [NRS 487.600.] section 8 of this act.

      Sec. 6.  NRS 482.554 is hereby amended to read as follows:

      482.554  1.  The Department may impose an administrative fine of not more than $10,000 against any person who engages in a deceptive trade practice. The Department shall afford to any person so fined an opportunity for a hearing pursuant to the provisions of NRS 233B.121.

      2.  For the purposes of this section, a person shall be deemed to be engaged in a “deceptive trade practice” if, in the course of his business or occupation, he:

      (a) Enters into a contract for the sale of a vehicle on credit with a customer, exercises a valid option to cancel the vehicle sale and then, after the customer returns the vehicle with no damage other than reasonable wear and tear, the seller:

            (1) Fails to return any down payment or other consideration in full, including, returning a vehicle accepted in trade;

            (2) Knowingly makes a false representation to the customer that the customer must sign another contract for the sale of the vehicle on less favorable terms; or

            (3) Fails to use the disclosure as required in subsection 3.

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2699 (Chapter 475, AB 561)ê

 

      (b) Uses a contract for the sale of the vehicle or a security agreement that materially differs from the form prescribed by law.

      (c) Engages in any deceptive trade practice, as defined in NRS 598.0915 to 598.0925, inclusive, that involves the purchase and sale or lease of a motor vehicle.

      (d) Engages in any other acts prescribed by the Department by regulation as a deceptive trade practice.

      3.  If a seller of a vehicle exercises a valid option to cancel the sale of a vehicle to a customer, the seller must provide a disclosure, and the customer must sign that disclosure, before the seller and customer may enter into a new agreement for the sale of the same vehicle on different terms, or for the sale of a different vehicle. The Department shall prescribe the form of the disclosure by regulation.

      4.  All administrative fines collected by the Department pursuant to this section must be deposited with the State Treasurer to the credit of the State Highway Fund.

      5.  [Except as otherwise provided in this subsection, the] The administrative remedy provided in this section is not exclusive and is [intended to supplement existing law. The Department may not impose a fine pursuant to this section against any person who engages in a deceptive trade practice if a fine has previously been imposed against that person pursuant to NRS 598.0903 to 598.0999, inclusive, for the same act.] in addition to any other remedy provided by law. The provisions of this section do not deprive a person injured by a deceptive trade practice from resorting to any other legal remedy.

      Sec. 7.  Chapter 487 of NRS is hereby amended by adding thereto the provisions set forth as sections 8 to 26, inclusive, of this act.

      Sec. 8.  “Body shop” means any place where the body of a motor vehicle is painted, fixed, repaired or replaced for compensation.

      Sec. 9.  “Person authorizing repairs” means a person who uses the services of a garage. The term includes an insurance company, its agents or its representatives authorizing repairs to motor vehicles under a policy of insurance.

      Sec. 10.  1.  Each garageman shall display conspicuously in those areas of his place of business frequented by persons seeking repairs on motor vehicles a sign, not less than 22 inches by 28 inches in size, setting forth in boldface letters the following:

 

STATE OF NEVADA

 

REGISTERED GARAGE

 

THIS GARAGE IS REGISTERED WITH THE DEPARTMENT OF MOTOR VEHICLES

 

NEVADA AUTOMOTIVE REPAIR CUSTOMER BILL OF RIGHTS

 

AS A CUSTOMER IN NEVADA:

 

YOU have the right to receive repairs from a business that is REGISTERED with the Department of Motor Vehicles that will ensure the proper repair of your vehicle. (cite to this section of this act)

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2700 (Chapter 475, AB 561)ê

 

YOU have the right to receive a WRITTEN ESTIMATE of charges for repairs made to your vehicle which exceed $50. (cite to section 12 of this act)

 

YOU have the right to read and understand all documents and warranties BEFORE YOU SIGN THEM. (cite to this section of this act)

 

YOU have the right to INSPECT ALL REPLACED PARTS and accessories that are covered by a warranty and for which a charge is made. (cite to section 17 of this act)

 

YOU have the right to request that all replaced parts and accessories that are not covered by a warranty BE RETURNED TO YOU AT THE TIME OF SERVICE. (cite to section 17 of this act)

 

YOU have the right to require authorization BEFORE any additional repairs are made to your vehicle if the charges for those repairs exceed 20% of the original estimate or $100, whichever is less. (cite to section 13 of this act)

 

YOU have the right to receive a COMPLETED STATEMENT OF CHARGES for repairs made to your vehicle. (cite to section 23 of this act)

 

FOR MORE INFORMATION PLEASE CONTACT:

 

THE DEPARTMENT OF MOTOR VEHICLES

 

      2.  Each body shop shall display conspicuously in those areas of its place of business frequented by persons seeking repairs on motor vehicles a sign, not less than 22 inches by 28 inches in size, setting forth in boldface letters the following:

 

STATE OF NEVADA

 

LICENSED BODY SHOP

 

THIS BODY SHOP IS LICENSED BY THE DEPARTMENT OF MOTOR VEHICLES

 

NEVADA AUTOMOTIVE REPAIR CUSTOMER BILL OF RIGHTS

 

AS A CUSTOMER IN NEVADA:

 

YOU have the right to receive repairs from a business that is LICENSED with the Department of Motor Vehicles that will ensure the proper repair of your vehicle. (cite to this section of this act)

 

YOU have the right to receive a WRITTEN ESTIMATE of charges for repairs made to your vehicle which exceed $50. (cite to section 12 of this act)

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2701 (Chapter 475, AB 561)ê

 

YOU have the right to read and understand all documents and warranties BEFORE YOU SIGN THEM. (cite to this section of this act)

 

YOU have the right to INSPECT ALL REPLACED PARTS and accessories that are covered by a warranty and for which a charge is made. (cite to section 17 of this act)

 

YOU have the right to request that all replaced parts and accessories that are not covered by a warranty BE RETURNED TO YOU AT THE TIME OF SERVICE. (cite to section 17 of this act)

 

YOU have the right to require authorization BEFORE any additional repairs are made to your vehicle if the charges for those repairs exceed 20% of the original estimate or $100, whichever is less. (cite to section 13 of this act)

 

YOU have the right to receive a COMPLETED STATEMENT OF CHARGES for repairs made to your vehicle. (cite to section 23 of this act)

 

FOR MORE INFORMATION PLEASE CONTACT:

 

THE DEPARTMENT OF MOTOR VEHICLES

 

      3.  The sign required pursuant to the provisions of subsection 1 or 2 must include a replica of the Great Seal of the State of Nevada. The Seal must be 2 inches in diameter and be centered on the face of the sign directly above the words “STATE OF NEVADA.”

      4.  Any person who violates the provisions of this section is guilty of a misdemeanor.

      Sec. 11.  Whenever any body shop or garageman accepts or assumes control of a motor vehicle for the purpose of making or completing any repair, the body shop or garageman shall comply with the provisions of sections 12 to 24, inclusive, of this act.

      Sec. 12.  1.  Except as otherwise provided in section 14 of this act, a person requesting or authorizing the repair of a motor vehicle that is more than $50 must be furnished a written estimate or statement signed by the person making the estimate or statement on behalf of the body shop or garageman indicating the total charge for the performance of the work necessary to accomplish the repair, including the charge for labor and all parts and accessories necessary to perform the work.

      2.  If the estimate is for the purpose of diagnosing a malfunction, the estimate must include the cost of:

      (a) Diagnosis and disassembly; and

      (b) Reassembly, if the person does not authorize the repair.

      3.  The provisions of this section do not require a body shop or garageman to reassemble a motor vehicle if the body shop or garageman determines that the reassembly of the motor vehicle would render the vehicle unsafe to operate.

      Sec. 13.  Except as otherwise provided in section 14 of this act, if it is determined that additional charges are required to perform the repair authorized, and those additional charges exceed, by 20 percent or $100, whichever is less, the amount set forth in the estimate or statement required to be furnished pursuant to the provisions of section 12 of this act, the body shop or garageman shall notify the owner and insurer of the motor vehicle of the amount of those additional charges.

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2702 (Chapter 475, AB 561)ê

 

required to be furnished pursuant to the provisions of section 12 of this act, the body shop or garageman shall notify the owner and insurer of the motor vehicle of the amount of those additional charges.

      Sec. 14.  The person authorizing the repairs may waive the estimate or statement required pursuant to the provisions of section 12 of this act or the notification required by section 13 of this act by executing a written waiver of that requirement or notification. The waiver must be executed by the person authorizing the repairs at the time he authorizes those repairs.

      Sec. 15.  If a body shop or garage performs repairs on a motor vehicle, the body shop or garage shall perform the repairs in accordance with any specifications of the manufacturer of the motor vehicle and the written estimate or statement of the cost of the repairs that is most recently agreed upon by the body shop or garage and the person authorizing the repairs.

      Sec. 16.  1.  An owner and the insurer of a motor vehicle who have been notified of additional charges pursuant to section 13 of this act shall:

      (a) Authorize the performance of the repair at the additional expense; or

      (b) Without delay, and upon payment of the authorized charges, take possession of the motor vehicle.

      2.  Until the election provided for in subsection 1 has been made, the body shop or garageman shall not undertake any repair which would involve such additional charges.

      3.  If the owner or insurer of the motor vehicle elects to take possession of the motor vehicle but fails to take possession within 24 hours after the election, the body shop or garageman may charge for storage of the vehicle.

      Sec. 17.  1.  Whenever the repair work performed on a motor vehicle requires the replacement of any parts or accessories, the body shop or garageman shall, at the request of the person authorizing the repairs or any person entitled to possession of the motor vehicle, deliver to the person all parts and accessories replaced as a result of the work done.

      2.  The provisions of subsection 1 do not apply to parts or accessories which must be returned to a manufacturer or distributor under a warranty arrangement or which are subject to exchange, but the customer, on request, is entitled to be shown the warranty parts for which a charge is made.

      Sec. 18.  The body shop or garageman shall retain copies of any estimate, statement or waiver required by sections 12 to 24, inclusive, of this act as an ordinary business record of the body shop or garage, for a period of not less than 1 year after the date the estimate, statement or waiver is signed.

      Sec. 19.  In every instance where charges are made for the repair of a motor vehicle by a garageman, the garageman making the repairs shall comply with the provisions of sections 12 to 24, inclusive, of this act. A garageman is not entitled to detain a motor vehicle by virtue of any common law or statutory lien, or otherwise enforce such a lien, or to sue on any contract for repairs made by him unless he has complied with the requirements of sections 12 to 24, inclusive, of this act.

      Sec. 20.  A person shall be deemed to be engaged in a “deceptive trade practice” if, in the course of his business or occupation, he:

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2703 (Chapter 475, AB 561)ê

 

      1.  Engages in any deceptive trade practice, as defined in NRS 598.0915 to 598.0925, inclusive, that involves the repair of a motor vehicle; or

      2.  Engages in any other acts prescribed by the Director by regulation as a deceptive trade practice.

      Sec. 21.  1.  The Director may request an undercover investigation of a person who is allegedly engaging in a deceptive trade practice or violating the provisions of sections 10 to 26, inclusive, of this act.

      2.  The Bureau of Consumer Protection in the Office of the Attorney General may conduct an undercover investigation of a person who is allegedly engaging in a deceptive trade practice or violating the provisions of sections 10 to 26, inclusive, of this act on its own motion or upon a request received pursuant to subsection 1. Nothing in this subsection requires the Bureau to conduct an undercover investigation.

      Sec. 22.  1.  In addition to any other remedy or penalty, the Director may impose an administrative fine of not more than $10,000 against any person who engages in a deceptive trade practice as set forth in section 20 of this act. The Director shall provide to any person so fined an opportunity for a hearing pursuant to the provisions of NRS 233B.121.

      2.  All administrative fines collected by the Director pursuant to this section must be deposited with the State Treasurer to the credit of the State Highway Fund.

      3.  The administrative remedy provided in this section is not exclusive and is in addition to any other remedy provided by law. The provisions of this section do not deprive a person injured by a deceptive trade practice from resorting to any other legal remedy.

      Sec. 23.  1.  If charges are made for the repair of a motor vehicle, the garageman or body shop making the charges shall present to the person authorizing repairs or the person entitled to possession of the motor vehicle a statement of the charges setting forth the following information:

      (a) The name and signature of the person authorizing repairs;

      (b) A statement of the total charges;

      (c) An itemization and description of all parts used to repair the motor vehicle indicating the charges made for labor; and

      (d) A description of all other charges.

      2.  Any person violating this section is guilty of a misdemeanor.

      3.  In the case of a motor vehicle registered in this State, no lien for labor or materials provided under NRS 108.265 to 108.367, inclusive, may be enforced by sale or otherwise unless a statement as described in subsection 1 has been given by delivery in person or by certified mail to the last known address of the registered and the legal owner of the motor vehicle. In all other cases, the notice must be made to the last known address of the registered owner and any other person known to have or to claim an interest in the motor vehicle.

      Sec. 24.  1.  On or before December 31 of each year, the Director shall prepare a report concerning garages, garagemen and body shops. The report must include:

      (a) The number of complaints relating to garages, garagemen and body shops made to and acted upon by the Department during the year for which the report is prepared;

      (b) The number of investigations conducted during that year by the Department relating to garages, garagemen and body shops; and

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2704 (Chapter 475, AB 561)ê

 

      (c) The outcome of each investigation specified in paragraph (b) and the extent to which any information relating to each investigation is subject to disclosure to the members of the public.

      2.  On or before December 31 of each odd-numbered year, the Director shall submit the report required pursuant to subsection 1 to the Legislative Commission. On or before December 31 of each even-numbered year, the Director of the Department shall submit the report to the Director of the Legislative Counsel Bureau for transmittal to:

      (a) The Senate Standing Committee on Transportation; and

      (b) The Assembly Standing Committee on Transportation.

      Sec. 25.  The Attorney General or any district attorney may bring an action in any court of competent jurisdiction in the name of the State of Nevada on the complaint of the Director, or of any person allegedly aggrieved by a violation of the provisions of sections 12 to 24, inclusive, of this act, to enjoin any violation of the provisions of sections 12 to 24, inclusive, of this act.

      Sec. 26.  Any person who knowingly violates any provision of sections 11 to 24, inclusive, of this act is liable, in addition to any other penalty or remedy which may be provided by law, to a civil penalty of not more than $500 for each offense, which may be recovered by civil action on complaint of the Director or the district attorney.

      Sec. 27.  NRS 487.002 is hereby amended to read as follows:

      487.002  1.  The Advisory Board on Automotive Affairs, consisting of seven members appointed by the Governor, is hereby created within the Department.

      2.  The Governor shall appoint to the Board:

      (a) One representative of the Department;

      (b) One representative of licensed operators of body shops;

      (c) One representative of licensed automobile wreckers;

      (d) One representative of registered garagemen;

      (e) One representative of licensed operators of salvage pools; and

      (f) Two representatives of the general public.

      3.  After the initial terms, each member of the Board serves a term of 4 years. The members of the Board shall annually elect from among their number a Chairman and a Vice Chairman. The Department shall provide secretarial services for the Board.

      4.  The Board shall meet regularly at least twice each year and may meet at other times upon the call of the Chairman. Each member of the Board is entitled to the per diem allowance and travel expenses provided for state officers and employees generally.

      5.  The Board shall:

      (a) Study the regulation of garagemen, automobile wreckers and operators of body shops and salvage pools, including, without limitation, the registration or licensure of such persons and the methods of disciplinary action against such persons;

      (b) Analyze and advise the Department relating to any consumer complaints [provided to the Department by the Consumer Affairs Division of the Department of Business and Industry pursuant to NRS 598.985 or otherwise] received by the Department concerning garagemen, automobile wreckers or operators of body shops or salvage pools;

      (c) Make recommendations to the Department for any necessary regulations or proposed legislation pertaining to paragraph (a) or (b);

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2705 (Chapter 475, AB 561)ê

 

      (d) On or before January 15 of each odd-numbered year, prepare and submit a report concerning its activities and recommendations to the Governor and to the Director of the Legislative Counsel Bureau for transmission to the Legislature; and

      (e) Perform any other duty assigned by the Department.

      Sec. 28.  NRS 487.530 is hereby amended to read as follows:

      487.530  As used in NRS 487.530 to [487.570,] 487.690, inclusive, and sections 8 to 26, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS [487.535] 487.540 to 487.550, inclusive, and sections 8 and 9 of this act have the meanings ascribed to them in those sections.

      Sec. 29.  NRS 487.555 is hereby amended to read as follows:

      487.555  The provisions of NRS 487.530 to [487.570,] 487.690, inclusive, and sections 8 to 26, inclusive, of this act do not apply to a service station that is exclusively engaged in the business of selling motor vehicle fuel, lubricants or goods unrelated to the repair of motor vehicles.

      Sec. 30.  NRS 487.563 is hereby amended to read as follows:

      487.563  1.  Each person who submits an application for registration pursuant to the provisions of NRS 487.560 shall file with the Department a bond in the amount of $5,000, with a corporate surety for the bond that is licensed to do business in this State. The form of the bond must be approved by the Attorney General and be conditioned upon whether the applicant conducts his business as an owner or operator of a garage without fraud or fraudulent representation and in compliance with the provisions of sections 10 to 26, inclusive, of this act and NRS 487.530 to [487.570,] 487.567, inclusive . [, and 597.480 to 597.590, inclusive.]

      2.  The bond must be continuous in form and the total aggregate liability on the bond must be limited to the payment of the total amount of the bond.

      3.  The bond must provide that any person injured by the action of the garageman may:

      (a) Apply to the Director for compensation from the bond. The Director, for good cause shown and after notice and opportunity for hearing, may determine the amount of compensation and the person to whom it is to be paid. The surety shall then make payment.

      (b) Present to the Director an order of a court requiring the Director to pay to the person an amount of compensation from the bond. The Director shall inform the surety, and the surety shall then make payment.

      4.  In lieu of a bond required to be filed pursuant to the provisions of subsection 1, a person may deposit with the Department, pursuant to the terms prescribed by the Department:

      (a) A like amount of money or bonds of the United States or of the State of Nevada of an actual market value of not less than the amount fixed by the Department; or

      (b) A savings certificate of a bank or savings and loan association located in this State, which must indicate an account of an amount equal to the amount of the bond that would otherwise be required pursuant to this section and that the amount is unavailable for withdrawal except upon order of the Department. Interest earned on the certificate accrues to the account of the applicant.

      5.  A deposit made pursuant to subsection 4 may be disbursed by the Director, for good cause shown and after notice and opportunity for hearing, in an amount determined by him to compensate a person injured by an action of the garageman or released upon receipt of:

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2706 (Chapter 475, AB 561)ê

 

in an amount determined by him to compensate a person injured by an action of the garageman or released upon receipt of:

      (a) An order of a court requiring the Director to release all or a specified portion of the deposit; or

      (b) A statement signed by the person under whose name the deposit is made and acknowledged before any person authorized to take acknowledgments in this State, requesting that the Director release the deposit, or a specified portion thereof, and stating the purpose for which the release is requested.

      6.  If a person fails to comply with an order of a court that relates to the repair of a motor vehicle, or fails to pay or otherwise discharge any final judgment rendered and entered against him or any court order issued and arising out of the repair of a motor vehicle in the operation of a garage, the Department shall revoke or refuse to renew the certificate of registration of the person who failed to comply with the order or satisfy the judgment.

      7.  The Department may reinstate or renew a certificate of registration that is revoked pursuant to the provisions of subsection 6 if the person whose certificate of registration is revoked complies with the order of the court.

      8.  A garageman whose registration has been revoked pursuant to the provisions of subsection 6 shall furnish to the Department a bond in the amount specified in subsection 1 before the reinstatement of his registration.

      Sec. 31.  NRS 487.564 is hereby amended to read as follows:

      487.564  1.  The Department may refuse to issue a registration or may suspend, revoke or refuse to renew a registration to operate a garage upon any of the following grounds:

      (a) A false statement of a material fact in a certification for a salvage vehicle required pursuant to NRS 487.800.

      (b) A false statement or certification for an inspection pursuant to NRS 487.800 which attests to the mechanical fitness or safety of a salvage vehicle.

      (c) The Director determines that the garage or garageman has engaged in a deceptive trade practice or violated the provisions of [NRS 597.480 to 597.590, inclusive.] sections 10 to 26, inclusive, of this act.

      (d) Evidence of unfitness of the applicant or registrant pursuant to NRS 487.165.

      (e) A violation of any regulation adopted by the Department governing the operation of a garage.

      (f) A violation of any statute or regulation that constitutes fraud in conjunction with the repair of a motor vehicle or operation of a garage.

      2.  A person for whom a certificate of registration has been suspended or revoked pursuant to the provisions of this section, subsection 6 of NRS 487.563 or similar provisions of the laws of any other state or territory of the United States shall not be employed by, or in any manner affiliated with, the operation of a garage subject to registration in this State.

      3.  As used in this section, “salvage vehicle” has the meaning ascribed to it in NRS 487.770.

      Sec. 32.  NRS 487.600 is hereby amended to read as follows:

      487.600  As used in NRS 487.600 to [487.690,] 487.687, inclusive, unless the context otherwise requires, the words and terms defined in NRS [487.602] 487.604 to 487.608, inclusive, have the meanings ascribed to them in those sections.

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2707 (Chapter 475, AB 561)ê

 

      Sec. 33.  NRS 487.640 is hereby amended to read as follows:

      487.640  1.  No license may be issued to an operator of a body shop until he procures and files with the Department a good and sufficient bond in the amount of $10,000, with a corporate surety thereon licensed to do business in the State of Nevada, approved as to form by the Attorney General, and conditioned that the applicant shall conduct his business as an operator of a body shop without fraud or fraudulent representation, and in compliance with the provisions of sections 10 to 26, inclusive, of this act and NRS 487.600 to [487.690,] 487.687, inclusive . [, and 597.480 to 597.590, inclusive.] The Department may, by agreement with any operator of a body shop who has been licensed by the Department for 5 years or more, allow a reduction in the amount of the bond of the operator, if the business of the operator has been conducted satisfactorily for the preceding 5 years, but no bond may be in an amount less than $1,000.

      2.  The bond may be continuous in form and the total aggregate liability on the bond must be limited to the payment of the total amount of the bond.

      3.  The bond must provide that any person injured by the action of the operator of the body shop in violation of any of the provisions of sections 10 to 26, inclusive, of this act and NRS 487.600 to [487.690,] 487.687, inclusive, [and 597.480 to 597.590, inclusive,] may apply to the Director for compensation from the bond. The Director, for good cause shown and after notice and opportunity for hearing, may determine the amount of compensation and the person to whom it is to be paid. The surety shall then make the payment.

      4.  In lieu of a bond an operator of a body shop may deposit with the Department, under the terms prescribed by the Department:

      (a) A like amount of money or bonds of the United States or of the State of Nevada of an actual market value of not less than the amount fixed by the Department; or

      (b) A savings certificate of a bank, credit union or savings and loan association situated in Nevada, which must indicate an account of an amount equal to the amount of the bond which would otherwise be required by this section and that this amount is unavailable for withdrawal except upon order of the Department. Interest earned on the certificate accrues to the account of the applicant.

      5.  A deposit made pursuant to subsection 4 may be disbursed by the Director, for good cause shown and after notice and opportunity for hearing, in an amount determined by him to compensate a person injured by an action of the licensee, or released upon receipt of:

      (a) An order of a court requiring the Director to release all or a specified portion of the deposit; or

      (b) A statement signed by the person under whose name the deposit is made and acknowledged before any person authorized to take acknowledgments in this State, requesting the Director to release the deposit, or a specified portion thereof, and stating the purpose for which the release is requested.

      6.  When a deposit is made pursuant to subsection 4, liability under the deposit is in the amount prescribed by the Department. If the amount of the deposit is reduced or there is an outstanding judgment of a court for which the licensee is liable under the deposit, the license is automatically suspended. The license must be reinstated if the licensee:

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2708 (Chapter 475, AB 561)ê

 

      (a) Files an additional bond pursuant to subsection 1;

      (b) Restores the deposit with the Department to the original amount required under this section; or

      (c) Satisfies the outstanding judgment for which he is liable under the deposit.

      7.  A deposit made pursuant to subsection 4 may be refunded:

      (a) By order of the Director, 3 years after the date the licensee ceases to be licensed by the Department, if the Director is satisfied that there are no outstanding claims against the deposit; or

      (b) By order of court, at any time within 3 years after the date the licensee ceases to be licensed by the Department, upon evidence satisfactory to the court that there are no outstanding claims against the deposit.

      8.  Any money received by the Department pursuant to subsection 4 must be deposited with the State Treasurer for credit to the Motor Vehicle Fund.

      Sec. 34.  NRS 487.650 is hereby amended to read as follows:

      487.650  1.  The Department may refuse to issue a license or may suspend, revoke or refuse to renew a license to operate a body shop upon any of the following grounds:

      (a) Failure of the applicant or licensee to have or maintain an established place of business in this State.

      (b) Conviction of the applicant or licensee or an employee of the applicant or licensee of a felony, or of a misdemeanor or gross misdemeanor for a violation of a provision of this chapter.

      (c) Any material misstatement in the application for the license.

      (d) Willful failure of the applicant or licensee to comply with the motor vehicle laws of this State and sections 10 to 26, inclusive, of this act or NRS 487.600 to [487.690,] 487.687, inclusive . [, or 597.480 to 597.590, inclusive.]

      (e) Failure or refusal by the licensee to pay or otherwise discharge any final judgment against him arising out of the operation of the body shop.

      (f) Failure or refusal to provide to the Department an authorization for the disclosure of financial records for the business as required pursuant to subsection 2.

      (g) A finding of guilty or guilty but mentally ill by a court of competent jurisdiction in a case involving a fraudulent inspection, purchase, sale or transfer of a salvage vehicle by the applicant or licensee or an employee of the applicant or licensee.

      (h) An improper, careless or negligent inspection of a salvage vehicle pursuant to NRS 487.800 by the applicant or licensee or an employee of the applicant or licensee.

      (i) A false statement of material fact in a certification of a salvage vehicle pursuant to NRS 487.800 or a record regarding a salvage vehicle by the applicant or licensee or an employee of the applicant or licensee.

      (j) The display of evidence of unfitness for a license pursuant to NRS 487.165.

      2.  Upon the receipt of any report or complaint alleging that an applicant or a licensee has engaged in financial misconduct or has failed to satisfy financial obligations related to the operation of a body shop, the Department may require the applicant or licensee to submit to the Department an authorization for the disclosure of financial records for the business as provided in NRS 239A.090. The Department may use any information obtained pursuant to such an authorization only to determine the suitability of the applicant or licensee for initial or continued licensure.

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2709 (Chapter 475, AB 561)ê

 

obtained pursuant to such an authorization only to determine the suitability of the applicant or licensee for initial or continued licensure. Information obtained pursuant to such an authorization may be disclosed only to those employees of the Department who are authorized to issue a license to an applicant pursuant to NRS 487.600 to [487.690,] 487.687, inclusive, or to determine the suitability of an applicant or a licensee for licensure.

      3.  As used in this section, “salvage vehicle” has the meaning ascribed to it in NRS 487.770.

      Sec. 35.  NRS 487.690 is hereby amended to read as follows:

      487.690  Any person who violates any of the provisions of sections 10 to 26, inclusive, of this act or NRS [487.600] 487.530 to 487.680, inclusive, is guilty of a misdemeanor.

      Sec. 35.1.  Chapter 598 of NRS is hereby amended by adding thereto the provisions set forth as sections 35.2 to 35.95, inclusive, of this act.

      Sec. 35.2.  1.  Each organization for buying goods or services at a discount regulated by the provisions of this section, NRS 598.840 to 598.930, inclusive, and sections 35.3, 35.4 and 35.5 of this act shall apply for registration on the form prescribed by the Division.

      2.  At the time of application for registration, the applicant must pay to the Division an administrative fee of $25 and deposit the required security with the Division.

      3.  Upon receipt of the security in the proper form and the payment of the administrative fee required by this section, the Division shall issue a certificate of registration to the applicant. A certificate of registration:

      (a) Is not transferable or assignable; and

      (b) Expires 1 year after it is issued.

      4.  A registrant must renew a certificate of registration issued pursuant to this section before the certificate expires by submitting to the Division an application for the renewal of the certificate on a form prescribed by the Division.

      Sec. 35.3.  1.  Each registrant shall deposit with the Division:

      (a) A bond executed by a corporate surety approved by the Commissioner and licensed to do business in this State;

      (b) An irrevocable letter of credit for which the registrant is the obligor, issued by a bank whose deposits are federally insured; or

      (c) A certificate of deposit in a financial institution which is doing business in this State and which is federally insured or insured by a private insurer approved pursuant to NRS 678.755. The certificate of deposit may be withdrawn only on the order of the Commissioner, except that the interest may accrue to the registrant.

      2.  The term of the bond, letter of credit or certificate of deposit, or any renewal thereof, must be not less than 1 year.

      3.  If the registrant deposits a bond, the registrant shall keep accurate records of the bond and the payments made on the premium. The records must be open to inspection by the Division during business hours. The registrant shall notify the Division not later than 30 days before the date of expiration of the bond and provide written proof of the renewal of the bond to the Division.

      4.  The Commissioner may reject any bond, letter of credit or certificate of deposit which fails to conform to the requirements of this section, NRS 598.840 to 598.930, inclusive, and sections 35.2, 35.4 and 35.5 of this act.

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2710 (Chapter 475, AB 561)ê

 

      5.  A registrant may change the form of security which he has deposited with the Division. If the registrant changes the form of the security, the Commissioner may retain for not more than 1 year any portion of the security previously deposited by the registrant as security for claims arising during the time the previous security was in effect.

      6.  If the amount of the deposited security falls below the amount required by this section, NRS 598.840 to 598.930, inclusive, and sections 35.2, 35.4 and 35.5 of this act for that security, the registrant shall be deemed not to be registered as required by section 35.2 of this act for the purposes of this section, NRS 598.840 to 598.930, inclusive, and sections 35.2, 35.4 and 35.5 of this act.

      Sec. 35.4.  1.  The security required to be deposited by a registrant pursuant to section 35.3 of this act must be held in trust for consumers injured by the bankruptcy of the registrant or the registrant’s breach of any agreement entered into in his capacity as a registrant.

      2.  A consumer so injured may bring and maintain an action in any court of competent jurisdiction to recover against the security.

      3.  The Division may bring an action for interpleader against all claimants upon the security. If the Division brings such an action, the Division shall publish notice of the action at least once each week for 2 weeks in a newspaper of general circulation in the county in which the organization has its principal place of business. The Division may deduct its costs of the action, including the costs of the publication of the notice, from the amount of the security. All claims against the security have equal priority. If the security is insufficient to pay all the claims in full, the claims must be paid pro rata. If the registrant has posted a bond with the Division, the surety is then relieved of all liability under the bond.

      4.  The Division may, in lieu of bringing an action for interpleader pursuant to subsection 3, conduct a hearing to determine the distribution of the security to claimants. The Division shall adopt regulations to provide for adequate notice and the conduct of the hearing. If the registrant has posted a bond with the Division, distribution pursuant to this subsection relieves the surety of all liability under the bond.

      5.  If the security is sufficient to pay all claims against the security in full, the Division may deduct from the amount of the security, the cost of any investigation or hearing it conducted to determine the distribution of the security.

      Sec. 35.5.  1.  If no claims have been filed against the security deposited with the Division pursuant to section 35.3 of this act within 6 months after the registrant ceases to operate or his registration expires, whichever occurs later, the Commissioner shall release the security to the registrant and shall not audit any claims filed against the security thereafter by consumers.

      2.  If one or more claims have been filed against the security within 6 months after the registrant ceases to operate or his registration expires, whichever occurs later, the proceeds must not be released to the registrant or distributed to any consumer earlier than 1 year after the registrant ceases to operate or his registration expires, whichever occurs later.

      3.  For the purposes of this section, the Commissioner shall determine the date on which a registrant ceases to operate.

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2711 (Chapter 475, AB 561)ê

 

      Sec. 35.6.  “Registrant” means a dance studio or a health club which is required to register and post security with the Division pursuant to the provisions of this section, NRS 598.940 to 598.966, inclusive, and sections 35.7 to 35.95, inclusive, of this act.

      Sec. 35.7.  1.  Each dance studio and health club regulated by the provisions of this section, NRS 598.940 to 598.966, inclusive, and sections 35.6, 35.8, 35.9 and 35.95 of this act shall apply for registration on the form prescribed by the Division.

      2.  At the time of application for registration, the applicant must pay to the Division an administrative fee of $25 and deposit the required security with the Division.

      3.  Upon receipt of the security in the proper form and the payment of the administrative fee required by this section, the Division shall issue a certificate of registration to the applicant. A certificate of registration:

      (a) Is not transferable or assignable; and

      (b) Expires 1 year after it is issued.

      4.  A registrant must renew a certificate of registration issued pursuant to this section before the certificate expires by submitting to the Division an application for the renewal of the certificate on a form prescribed by the Division.

      Sec. 35.8.  1.  Each registrant shall deposit with the Division:

      (a) A bond executed by a corporate surety approved by the Commissioner and licensed to do business in this State;

      (b) An irrevocable letter of credit for which the registrant is the obligor, issued by a bank whose deposits are federally insured; or

      (c) A certificate of deposit in a financial institution which is doing business in this State and which is federally insured or insured by a private insurer approved pursuant to NRS 678.755. The certificate of deposit may be withdrawn only on the order of the Commissioner, except that the interest may accrue to the registrant.

      2.  The term of the bond, letter of credit or certificate of deposit, or any renewal thereof, must be not less than 1 year.

      3.  If the registrant deposits a bond, the registrant shall keep accurate records of the bond and the payments made on the premium. The records must be open to inspection by the Division during business hours. The registrant shall notify the Division not later than 30 days before the date of expiration of the bond and provide written proof of the renewal of the bond to the Division.

      4.  The Commissioner may reject any bond, letter of credit or certificate of deposit which fails to conform to the requirements of this section, NRS 598.940 to 598.966, inclusive, and sections 35.6, 35.7, 35.9 and 35.95 of this act.

      5.  A registrant may change the form of security which he has deposited with the Division. If the registrant changes the form of the security, the Commissioner may retain for not more than 1 year any portion of the security previously deposited by the registrant as security for claims arising during the time the previous security was in effect.

      6.  If the amount of the deposited security falls below the amount required by this chapter for that security, the registrant shall be deemed not to be registered as required by section 35.7 of this act for the purposes of this section, NRS 598.940 to 598.966, inclusive, and sections 35.6, 35.7, 35.9 and 35.95 of this act.

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2712 (Chapter 475, AB 561)ê

 

      Sec. 35.9.  1.  The security required to be deposited by a registrant pursuant to section 35.8 of this act must be held in trust for consumers injured by the bankruptcy of the registrant or the registrant’s breach of any agreement entered into in his capacity as a registrant.

      2.  A consumer so injured may bring and maintain an action in any court of competent jurisdiction to recover against the security.

      3.  The Division may bring an action for interpleader against all claimants upon the security. If the Division brings such an action, the Division shall publish notice of the action at least once each week for 2 weeks in a newspaper of general circulation in the county in which the organization has its principal place of business. The Division may deduct its costs of the action, including the costs of the publication of the notice, from the amount of the security. All claims against the security have equal priority. If the security is insufficient to pay all the claims in full, the claims must be paid pro rata. If the registrant has posted a bond with the Division, the surety is then relieved of all liability under the bond.

      4.  The Division may, in lieu of bringing an action for interpleader pursuant to subsection 3, conduct a hearing to determine the distribution of the security to claimants. The Division shall adopt regulations to provide for adequate notice and the conduct of the hearing. If the registrant has posted a bond with the Division, distribution pursuant to this subsection relieves the surety of all liability under the bond.

      5.  If the security is sufficient to pay all claims against the security in full, the Division may deduct from the amount of the security, the cost of any investigation or hearing it conducted to determine the distribution of the security.

      Sec. 35.95.  1.  If no claims have been filed against the security deposited with the Division pursuant to section 35.8 of this act within 6 months after the registrant ceases to operate or his registration expires, whichever occurs later, the Commissioner shall release the security to the registrant and shall not audit any claims filed against the security thereafter by consumers.

      2.  If one or more claims have been filed against the security within 6 months after the registrant ceases to operate or his registration expires, whichever occurs later, the proceeds must not be released to the registrant or distributed to any consumer earlier than 1 year after the registrant ceases to operate or his registration expires, whichever occurs later.

      3.  For the purposes of this section, the Commissioner shall determine the date on which a registrant ceases to operate.

      Sec. 36.  NRS 598.0925 is hereby amended to read as follows:

      598.0925  1.  Except as otherwise provided in this section, a person engages in a “deceptive trade practice” when, in the course of his business or occupation, he:

      (a) Makes an assertion of scientific, clinical or quantifiable fact in an advertisement which would cause a reasonable person to believe that the assertion is true, unless, at the time the assertion is made, the person making it has possession of factually objective scientific, clinical or quantifiable evidence which substantiates the assertion; or

      (b) Fails upon request of the [Commissioner or] Attorney General to produce within 6 working days the substantiating evidence in his possession at the time the assertion of scientific, clinical or quantifiable fact was made.

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2713 (Chapter 475, AB 561)ê

 

      2.  This section does not apply to general assertions of opinion as to quality, value or condition made without the intent to mislead another person.

      Sec. 37.  NRS 598.096 is hereby amended to read as follows:

      598.096  When the [Commissioner, Director or] Attorney General has cause to believe that any person has engaged or is engaging in any deceptive trade practice, he may:

      1.  Request the person to file a statement or report in writing under oath or otherwise, on such forms as may be prescribed by the [Commissioner, Director or] Attorney General, as to all facts and circumstances concerning the sale or advertisement of property by the person, and such other data and information as the [Commissioner, Director or] Attorney General may deem necessary.

      2.  Examine under oath any person in connection with the sale or advertisement of any property.

      3.  Examine any property or sample thereof, record, book, document, account or paper as he may deem necessary.

      4.  Make true copies, at the expense of the [Consumer Affairs Division of the Department of Business and Industry,] Attorney General, of any record, book, document, account or paper examined pursuant to subsection 3, which copies may be offered into evidence in lieu of the originals thereof in actions brought pursuant to NRS 598.097 . [and 598.0979.]

      5.  Pursuant to an order of any district court, impound any sample of property which is material to the deceptive trade practice and retain the property in his possession until completion of all proceedings as provided in NRS 598.0903 to 598.0999, inclusive. An order may not be issued pursuant to this subsection unless:

      (a) The [Commissioner, Director or] Attorney General [,] and the court give the accused full opportunity to be heard; and

      (b) The [Commissioner, Director or] Attorney General proves by clear and convincing evidence that the business activities of the accused will not be impaired thereby.

      Sec. 38.  NRS 598.0963 is hereby amended to read as follows:

      598.0963  1.  [Whenever the Attorney General is requested in writing by the Commissioner or the Director to represent him in instituting a legal proceeding against a person who has engaged or is engaging in a deceptive trade practice, the Attorney General may bring an action in the name of the State of Nevada against that person on behalf of the Commissioner or Director.

      2.]  The Attorney General may institute criminal proceedings to enforce the provisions of NRS 598.0903 to 598.0999, inclusive. The Attorney General is not required to obtain leave of the court before instituting criminal proceedings pursuant to this subsection.

      [3.] 2.  If the Attorney General has reason to believe that a person has engaged or is engaging in a deceptive trade practice, the Attorney General may bring an action in the name of the State of Nevada against that person to obtain a temporary restraining order, a preliminary or permanent injunction, or other appropriate relief.

      [4.] 3.  If the Attorney General has cause to believe that a person has engaged or is engaging in a deceptive trade practice, the Attorney General may issue a subpoena to require the testimony of any person or the production of any documents, and may administer an oath or affirmation to any person providing such testimony.

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2714 (Chapter 475, AB 561)ê

 

any person providing such testimony. The subpoena must be served upon the person in the manner required for service of process in this State or by certified mail with return receipt requested. An employee of the Attorney General may personally serve the subpoena.

      Sec. 39.  NRS 598.097 is hereby amended to read as follows:

      598.097  If any person fails to cooperate with any investigation, as provided in NRS 598.096, or if any person fails to obey a subpoena issued by the [Commissioner, Director or] Attorney General pursuant to NRS 598.0963 [or 598.0967, the Commissioner, Director or] , the Attorney General may apply to any district court for equitable relief. The application must state reasonable grounds showing that the relief is necessary to terminate or prevent a deceptive trade practice. If the court is satisfied of the reasonable grounds, the court may:

      1.  Grant injunctive relief restraining the sale or advertisement of any property by the person.

      2.  Require the attendance of or the production of documents by the person, or both.

      3.  Grant other relief necessary to compel compliance by the person.

      Sec. 40.  (Deleted by amendment.)

      Sec. 41.  NRS 598.0974 is hereby amended to read as follows:

      598.0974  A civil penalty must not be imposed against any person who engages in a deceptive trade practice pursuant to NRS 598.0903 to 598.0999, inclusive, in a civil proceeding brought by the [Commissioner, Director or] Attorney General if a fine has previously been imposed against that person by the Department of Motor Vehicles pursuant to NRS 482.554 [,] for the same act.

      Sec. 42.  NRS 598.0975 is hereby amended to read as follows:

      598.0975  1.  Except as otherwise provided in subsection 3 and in subsection 1 of NRS 598.0999, all fees, civil penalties and any other money collected pursuant to the provisions of NRS 598.0903 to 598.0999, inclusive:

      (a) In an action brought by the Attorney General, [Commissioner or Director,] must be deposited in the State General Fund and may only be used to offset the costs of administering and enforcing the provisions of NRS 598.0903 to 598.0999, inclusive.

      (b) In an action brought by the district attorney of a county, must be deposited with the county treasurer of that county and accounted for separately in the county general fund.

      2.  Money in the account created pursuant to paragraph (b) of subsection 1 must be used by the district attorney of the county for:

      (a) The investigation and prosecution of deceptive trade practices against elderly persons or persons with disabilities; and

      (b) Programs for the education of consumers which are directed toward elderly persons or persons with disabilities, law enforcement officers, members of the judicial system, persons who provide social services and the general public.

      3.  The provisions of this section do not apply to:

      (a) Criminal fines imposed pursuant to NRS 598.0903 to 598.0999, inclusive; or

      (b) Restitution ordered pursuant to NRS 598.0903 to 598.0999, inclusive, in an action brought by the Attorney General. Money collected for restitution ordered in such an action must be deposited by the Attorney General and credited to the appropriate account of the [Consumer Affairs Division of the Department of Business and Industry or the] Attorney General for distribution to the person for whom the restitution was ordered.

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2715 (Chapter 475, AB 561)ê

 

Division of the Department of Business and Industry or the] Attorney General for distribution to the person for whom the restitution was ordered.

      Secs. 43 and 44.  (Deleted by amendment.)

      Sec. 45.  NRS 598.0983 is hereby amended to read as follows:

      598.0983  1.  Before instituting any action pursuant to NRS 598.0985 to 598.0997, inclusive, the district attorney shall ascertain whether or not the action in question is subject to the regulatory authority of any state agency, board, official or other authority established by virtue of the Nevada Revised Statutes except the regulatory or administrative authority provided to the [Commissioner, Director or] Attorney General by NRS 598.0903 to 598.0999, inclusive.

      2.  If the action is subject to such regulatory authority or any regulation adopted or any statutes administered by any state regulatory agency, board, official or other authority as provided in subsection 1, the district attorney shall not institute any proceeding under NRS 598.0985 to 598.0997, inclusive, until the state agency, board, official or other state regulatory authority has had reasonable time to investigate or take any appropriate action with respect to the alleged facts.

      3.  For the purposes of this section, a reasonable time has elapsed if no final action or other disposition is made of any matter otherwise falling within the provisions of NRS 598.0903 to 598.0999, inclusive, within 30 days after the matter is referred to or brought to the attention of any state agency, board, official or other regulatory authority except the [Commissioner, Director or] Attorney General.

      4.  This section does not prohibit the district attorney of any county from filing an action pursuant to the provisions of NRS 598.0985 to 598.099, inclusive, if the referral of any matters subject to the provisions of NRS 598.0903 to 598.0999, inclusive, to any state agency, board, official or other regulatory authority would cause immediate harm to the public of this state or endanger the public health, safety or welfare, and such facts are shown by affidavit or by verified complaint.

      Sec. 46.  NRS 598.0985 is hereby amended to read as follows:

      598.0985  Notwithstanding the requirement of knowledge as an element of a deceptive trade practice, and notwithstanding the enforcement powers granted to the [Commissioner or Director] Attorney General pursuant to NRS 598.0903 to 598.0999, inclusive, whenever the district attorney of any county has reason to believe that any person is using, has used or is about to use any deceptive trade practice, knowingly or otherwise, he may bring an action in the name of the State of Nevada against that person to obtain a temporary or permanent injunction against the deceptive trade practice.

      Sec. 47.  NRS 598.099 is hereby amended to read as follows:

      598.099  Whenever the district attorney or the Attorney General has reason to believe that the delay caused by complying with the notice requirement of NRS 598.0987 or the requirements of subsection [3] 2 of NRS 598.0963 would cause immediate harm to the public of this state or endanger the public welfare, he may immediately institute an action for injunctive relief, including a request for a temporary restraining order, upon proof of specific facts shown by affidavit or by verified complaint or otherwise that such immediate harm will be or is likely to be caused by the delay. [The Attorney General shall give written notice of the filing by him of such an action to the Commissioner or Director.] The Nevada Rules of Civil Procedure pertaining to the issuance of temporary restraining orders govern all actions instituted pursuant to this section.

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2716 (Chapter 475, AB 561)ê

 

Procedure pertaining to the issuance of temporary restraining orders govern all actions instituted pursuant to this section.

      Sec. 47.5.  NRS 598.0993 is hereby amended to read as follows:

      598.0993  The court in which an action is brought pursuant to NRS [598.0979 and] 598.0985 to 598.099, inclusive, may make such additional orders or judgments as may be necessary to restore to any person in interest any money or property, real or personal, which may have been acquired by means of any deceptive trade practice which violates any of the provisions of NRS 598.0903 to 598.0999, inclusive, but such additional orders or judgments may be entered only after a final determination has been made that a deceptive trade practice has occurred.

      Sec. 48.  NRS 598.0995 is hereby amended to read as follows:

      598.0995  1.  In proceeding pursuant to subsection [3] 2 of NRS 598.0963 or NRS 598.0987 to 598.0995, inclusive, the district attorney or Attorney General may accept an assurance of discontinuance with respect to any method, act or practice deemed to be a deceptive trade practice from any person who is engaged or is about to engage in the method, act or practice . [by following the procedures set forth in subsection 2 of NRS 598.0979.]

      2.  Any assurance made pursuant to subsection 1 must be in writing and must be filed with and subject to the approval of the district court in the county in which the alleged violator resides or has his principal place of business, or the district court in any county where any deceptive trade practice has occurred or is about to occur or the district court agreed to by the parties.

      3.  An assurance of discontinuance made pursuant to subsections 1 and 2 is not an admission of violation for any purpose . [, but is subject to the terms, limitations and conditions of NRS 598.0979.]

      Sec. 49.  NRS 598.0999 is hereby amended to read as follows:

      598.0999  1.  Except as otherwise provided in NRS 598.0974, a person who violates a court order or injunction issued pursuant to the provisions of NRS 598.0903 to 598.0999, inclusive, upon a complaint brought by [the Commissioner, the Director,] the district attorney of any county of this State or the Attorney General shall forfeit and pay to the State General Fund a civil penalty of not more than $10,000 for each violation. For the purpose of this section, the court issuing the order or injunction retains jurisdiction over the action or proceeding. Such civil penalties are in addition to any other penalty or remedy available for the enforcement of the provisions of NRS 598.0903 to 598.0999, inclusive.

      2.  Except as otherwise provided in NRS 598.0974, in any action brought pursuant to the provisions of NRS 598.0903 to 598.0999, inclusive, if the court finds that a person has willfully engaged in a deceptive trade practice, [the Commissioner, the Director,] the district attorney of any county in this State or the Attorney General bringing the action may recover a civil penalty not to exceed $5,000 for each violation. The court in any such action may, in addition to any other relief or reimbursement, award reasonable attorney’s fees and costs.

      3.  A natural person, firm, or any officer or managing agent of any corporation or association who knowingly and willfully engages in a deceptive trade practice:

      (a) For the first offense, is guilty of a misdemeanor.

      (b) For the second offense, is guilty of a gross misdemeanor.

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2717 (Chapter 475, AB 561)ê

 

      (c) For the third and all subsequent offenses, is guilty of a category D felony and shall be punished as provided in NRS 193.130.

Ê The court may require the natural person, firm, or officer or managing agent of the corporation or association to pay to the aggrieved party damages on all profits derived from the knowing and willful engagement in a deceptive trade practice and treble damages on all damages suffered by reason of the deceptive trade practice.

      4.  Any offense which occurred within 10 years immediately preceding the date of the principal offense or after the principal offense constitutes a prior offense for the purposes of subsection 3 when evidenced by a conviction, without regard to the sequence of the offenses and convictions.

      5.  If a person violates any provision of NRS 598.0903 to 598.0999, inclusive, 598.100 to 598.2801, inclusive, [598.305 to 598.395, inclusive, 598.405 to 598.525, inclusive,] 598.475, 598.741 to 598.787, inclusive, or 598.840 to 598.966, inclusive, fails to comply with a judgment or order of any court in this State concerning a violation of such a provision, or fails to comply with an assurance of discontinuance or other agreement concerning an alleged violation of such a provision, [the Commissioner or] the district attorney of any county may bring an action in the name of the State of Nevada seeking:

      (a) The suspension of the person’s privilege to conduct business within this State; or

      (b) If the defendant is a corporation, dissolution of the corporation.

Ê The court may grant or deny the relief sought or may order other appropriate relief.

      6.  If a person violates any provision of NRS 228.500 to 228.640, inclusive, fails to comply with a judgment or order of any court in this State concerning a violation of such a provision, or fails to comply with an assurance of discontinuance or other agreement concerning an alleged violation of such a provision, the Attorney General may bring an action in the name of the State of Nevada seeking:

      (a) The suspension of the person’s privilege to conduct business within this State; or

      (b) If the defendant is a corporation, dissolution of the corporation.

Ê The court may grant or deny the relief sought or may order other appropriate relief.

      Sec. 50.  NRS 598.135 is hereby amended to read as follows:

      598.135  The provisions of NRS 598.136, 598.137 and 598.138 do not apply to:

      1.  A contest of skill that does not involve the sale or lease of any goods, property or service.

      2.  [A person who is licensed as a seller or a salesman pursuant to chapter 599B of NRS, and is engaging in an activity within the scope of that license.

      3.]  A sale or purchase, or solicitation or representation made in connection with the sale or purchase, of goods from a catalog or of books, recordings, videocassettes, periodicals or other similar goods offered by a seller or membership group which is regulated by the Federal Trade Commission if the seller or membership group sends goods, pursuant to an agreement, to a customer or member for his inspection and, if unsatisfied after inspecting the goods, the customer or member is entitled to receive a full refund of the purchase price of the goods if the goods are returned undamaged to the seller or membership group.

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2718 (Chapter 475, AB 561)ê

 

full refund of the purchase price of the goods if the goods are returned undamaged to the seller or membership group.

      [4.] 3.  A solicitation, advertisement or promotion, or offer to extend credit, made by a commercial bank, bank holding company, subsidiary or affiliate of a bank holding company, trust company, savings and loan association, credit union, industrial loan company, personal property broker, consumer finance lender, commercial finance lender or insurer, or any other person engaged in the business of extending credit, who is regulated by an officer or agency of the State or of the Federal Government.

      [5.] 4.  A person licensed pursuant to chapter 463 of NRS and his employees.

      Sec. 51.  NRS 598.475 is hereby amended to read as follows:

      598.475  1.  In each advertisement for a sightseeing tour, a tour broker and a tour operator shall disclose in a clear and conspicuous manner the total price a customer is required to pay to take the sightseeing tour. Unless the inclusion of a fee or tax in the total price would violate a specific statute of this state or a federal statute or regulation, the total price must include, without limitation, all fees, taxes and other charges that a customer for a sightseeing tour is required to pay to take the sightseeing tour. If a fee or tax cannot be included in the total price because its inclusion would violate a specific statute of this state or a federal statute or regulation, the tour broker or tour operator, as applicable, shall disclose in a clear and conspicuous manner that the fee or tax is not included in the total price and must be paid in addition to the total price.

      2.  A tour broker and a tour operator shall not charge a customer for a sightseeing tour an amount that exceeds the sum of:

      (a) The total price for the sightseeing tour which is disclosed in an advertisement for the sightseeing tour; and

      (b) Any fee or tax that is not included in the total price for the sightseeing tour because its inclusion would violate a specific statute of this state or a federal statute or regulation.

      3.  On a billing invoice or receipt given to a customer for a sightseeing tour, a tour broker and a tour operator shall provide a clear and conspicuous notice which [:

      (a) Sets] sets forth the provisions of subsection 2 . [;

      (b) States that complaints concerning the charges for a sightseeing tour may be directed to the Division; and

      (c) Provides a telephone number for the Division.]

      4.  If a tour operator issues or causes to be issued a coupon or other indicia of discount or special promotion, the tour operator shall honor the coupon or other indicia in good faith unless:

      (a) The coupon or other indicia sets forth a date of expiration that is clearly legible; and

      (b) The date of expiration has passed.

      5.  The failure of a tour broker or tour operator to comply with a provision of this section constitutes a deceptive trade practice for the purposes of NRS 598.0903 to 598.0999, inclusive.

      6.  As used in this section:

      (a) “Advertise” or “advertisement” means the attempt by publication, dissemination, solicitation or circulation to induce, directly or indirectly, any person to take a sightseeing tour.

      (b) “Sightseeing tour” means an excursion that:

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2719 (Chapter 475, AB 561)ê

 

            (1) Has a duration of 24 hours or less;

            (2) Travels to one or more points of interest; and

            (3) Is conducted using one or more means of motorized conveyance, including, without limitation, an airplane, bus, helicopter, tour boat or touring raft.

      (c) “Tour broker” means a person who, in this State, advertises a sightseeing tour for a tour operator and collects money from customers for a sightseeing tour.

      (d) “Tour operator” means a person who, in this State, engages in the business of providing a sightseeing tour to customers.

      Sec. 52.  NRS 598.706 is hereby amended to read as follows:

      598.706  “Commissioner” means the Commissioner of [the Consumer Affairs Division] Mortgage Lending of the Department of Business and Industry.

      Sec. 53.  NRS 598.711 is hereby amended to read as follows:

      598.711  “Division” means the [Consumer Affairs] Division of Mortgage Lending of the Department of Business and Industry.

      Sec. 54.  NRS 598.716 is hereby amended to read as follows:

      598.716  “Registrant” means a credit service organization [, an organization for buying goods or services at a discount, a dance studio or a health club] which is required to register and post security with the Division pursuant to the provisions of this chapter.

      Sec. 55.  NRS 598.721 is hereby amended to read as follows:

      598.721  1.  Each credit service organization [, organization for buying goods or services at a discount, dance studio and health club] regulated by the provisions of this chapter shall apply for registration on the form prescribed by the Division.

      2.  At the time of application for registration, the applicant must pay to the Division an administrative fee of $25 and deposit the required security with the Division.

      3.  Upon receipt of the security in the proper form and the payment of the administrative fee required by this section, the Division shall issue a certificate of registration to the applicant. A certificate of registration:

      (a) Is not transferable or assignable; and

      (b) Expires 1 year after it is issued.

      4.  A registrant must renew a certificate of registration issued pursuant to this section before the certificate expires by submitting to the Division an application for the renewal of the certificate on a form prescribed by the Division.

      Sec. 56.  NRS 598.741 is hereby amended to read as follows:

      598.741  As used in NRS 598.741 to 598.787, inclusive, unless the context otherwise requires:

      1.  “Buyer” means a natural person who is solicited to purchase or who purchases the services of an organization which provides credit services.

      2.  “Commissioner” means the Commissioner of [Consumer Affairs.] Mortgage Lending.

      3.  “Division” means the [Consumer Affairs] Division of Mortgage Lending of the Department of Business and Industry.

      4.  “Extension of credit” means the right to defer payment of debt or to incur debt and defer its payment, offered or granted primarily for personal, family or household purposes.

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2720 (Chapter 475, AB 561)ê

 

      5.  “Organization”:

      (a) Means a person who, with respect to the extension of credit by others, sells, provides or performs, or represents that he can or will sell, provide or perform, any of the following services, in return for the payment of money or other valuable consideration:

            (1) Improving a buyer’s credit record, history or rating.

            (2) Obtaining an extension of credit for a buyer.

            (3) Providing counseling or assistance to a person in establishing or effecting a plan for the payment of his indebtedness, unless that counseling or assistance is provided by and is within the scope of the authorized practice of a debt adjuster licensed pursuant to chapter 676 of NRS.

            (4) Providing advice or assistance to a buyer with regard to subparagraph (1) or (2).

      (b) Does not include:

            (1) A person organized, chartered or holding a license or authorization certificate to make loans or extensions of credit pursuant to the laws of this state or the United States who is subject to regulation and supervision by an officer or agency of this state or the United States.

            (2) A bank, credit union or savings and loan institution whose deposits or accounts are eligible for insurance by the Federal Deposit Insurance Corporation, the National Credit Union Share Insurance Fund or a private insurer approved pursuant to NRS 678.755.

            (3) A person licensed as a real estate broker by this state where the person is acting within the course and scope of that license, unless the person is rendering those services in the course and scope of employment by or other affiliation with an organization.

            (4) A person licensed to practice law in this state where the person renders services within the course and scope of his practice as an attorney at law, unless the person is rendering those services in the course and scope of employment by or other affiliation with an organization.

            (5) A broker-dealer registered with the Securities and Exchange Commission or the Commodity Futures Trading Commission where the broker-dealer is acting within the course and scope of such regulation.

            (6) A person licensed as a debt adjuster pursuant to chapter 676 of NRS.

            (7) A reporting agency.

      6.  “Reporting agency” means a person who, for fees, dues or on a cooperative nonprofit basis, regularly engages in whole or in part in the business of assembling or evaluating information regarding the credit of or other information regarding consumers to furnish consumer reports to third parties, regardless of the means or facility of commerce used to prepare or furnish the consumer reports. The term does not include:

      (a) A person solely for the reason that he conveys a decision regarding whether to guarantee a check in response to a request by a third party;

      (b) A person who obtains or creates a consumer report and provides the report or information contained in it to a subsidiary or affiliate; or

      (c) A person licensed pursuant to chapter 463 of NRS.

      Sec. 57.  NRS 598.840 is hereby amended to read as follows:

      598.840  As used in NRS 598.840 to 598.930, inclusive, unless the context otherwise requires:

      1.  “Affiliate organization” means an organization for buying goods or services at a discount that:

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2721 (Chapter 475, AB 561)ê

 

      (a) Is a subsidiary of a parent business entity; or

      (b) Operates under a franchise granted by a parent business entity.

      2.  “Business day” means any calendar day except Sunday, or the following business holidays: New Year’s Day, Martin Luther King, Jr.’s Birthday, Washington’s Birthday, Memorial Day, Independence Day, Labor Day, Nevada Day, Veterans’ Day, Thanksgiving Day and Christmas Day.

      3.  “Buyer” means a person who purchases by contract a membership in an organization for buying goods or services at a discount.

      4.  [“Commissioner” means the Commissioner of the Consumer Affairs Division.

      5.  “Consumer Affairs Division” means the Consumer Affairs Division of the Department of Business and Industry.

      6.]  “Franchise” has the meaning ascribed to it in 16 C.F.R. § 436.2, as amended or substituted in revision by the Federal Trade Commission.

      [7.] 5.  “Organization for buying goods or services at a discount” or “organization” means a person who, for a consideration, provides or claims to provide a buyer with the ability to purchase goods or services at a price which is represented to be lower than the price generally charged in the area. The term includes, without limitation, an affiliate organization.

      [8.] 6.  “Parent business entity” or “parent” means any business entity that, directly or indirectly, has owned, operated, controlled or granted franchises to, in any combination thereof, at least 15 organizations or affiliate organizations for a consecutive period of 5 years or more.

      [9.] 7.  “Subsidiary” means an organization for buying goods or services at a discount that is owned, operated or controlled, either directly or indirectly or in whole or in part, by a parent business entity.

      Sec. 57.5.  NRS 598.840 is hereby amended to read as follows:

      598.840  As used in NRS 598.840 to 598.930, inclusive, and sections 35.2 to 35.5, inclusive, of this act, unless the context otherwise requires:

      1.  “Affiliate organization” means an organization for buying goods or services at a discount that:

      (a) Is a subsidiary of a parent business entity; or

      (b) Operates under a franchise granted by a parent business entity.

      2.  “Business day” means any calendar day except Sunday, or the following business holidays: New Year’s Day, Martin Luther King, Jr.’s Birthday, Washington’s Birthday, Memorial Day, Independence Day, Labor Day, Nevada Day, Veterans’ Day, Thanksgiving Day and Christmas Day.

      3.  “Buyer” means a person who purchases by contract a membership in an organization for buying goods or services at a discount.

      4.  “Commissioner” means the Commissioner of the Consumer Affairs Division.

      5.  “Division” means the Consumer Affairs Division of the Department of Business and Industry.

      6.  “Franchise” has the meaning ascribed to it in 16 C.F.R. § 436.2, as amended or substituted in revision by the Federal Trade Commission.

      [5.] 7.  “Organization for buying goods or services at a discount” or “organization” means a person who, for a consideration, provides or claims to provide a buyer with the ability to purchase goods or services at a price which is represented to be lower than the price generally charged in the area. The term includes, without limitation, an affiliate organization.

      [6.] 8.  “Parent business entity” or “parent” means any business entity that, directly or indirectly, has owned, operated, controlled or granted franchises to, in any combination thereof, at least 15 organizations or affiliate organizations for a consecutive period of 5 years or more.

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2722 (Chapter 475, AB 561)ê

 

franchises to, in any combination thereof, at least 15 organizations or affiliate organizations for a consecutive period of 5 years or more.

      [7.] 9.  “Registrant” means an organization for buying goods or services at a discount which is required to register and post security with the Division pursuant to the provisions of NRS 598.840 to 598.930, inclusive, and sections 35.2 to 35.5, inclusive, of this act.

      10.  “Subsidiary” means an organization for buying goods or services at a discount that is owned, operated or controlled, either directly or indirectly or in whole or in part, by a parent business entity.

      Sec. 58.  NRS 598.875 is hereby amended to read as follows:

      598.875  Each contract for membership in an organization must:

      1.  Be in writing, legible and have all spaces filled in before the buyer signs it;

      2.  Be in the language in which the sales presentation was given;

      3.  Contain the addresses of the buyer and the organization;

      4.  Be given to the buyer when he signs it;

      5.  [Disclose that the security required by NRS 598.726, 598.851 and, if applicable, NRS 598.855 has been obtained and deposited with the Consumer Affairs Division;

      6.]  Specify the term of the membership of the buyer, which may not be measured by the buyer’s life;

      [7.] 6.  Clearly specify the buyer’s right to cancel the contract pursuant to NRS 598.885;

      [8.] 7.  Clearly specify the buyer’s right to rescind the contract and to be given a refund pro rata pursuant to NRS 598.910 and the conditions and limitations on that right;

      [9.] 8.  Clearly specify the buyer’s right to a refund on the purchase of goods pursuant to NRS 598.895 and the conditions and limitations on that right; and

      [10.] 9.  Clearly specify whether or not the buyer is given any other rights to a refund on the purchase of goods or services and, if so, any conditions and limitations on those rights.

      Sec. 59.  NRS 598.930 is hereby amended to read as follows:

      598.930  1.  The remedies, duties and prohibitions of NRS 598.840 to 598.930, inclusive, are not exclusive and are in addition to any other remedies provided by law.

      2.  Any violation of NRS [598.851] 598.870 to 598.900, inclusive, constitutes a deceptive trade practice for the purposes of NRS 598.0903 to 598.0999, inclusive.

      Sec. 60.  NRS 598.948 is hereby amended to read as follows:

      598.948  Each contract between the buyer and the dance studio or health club must:

      1.  Be in writing, legible and have all spaces filled in before the buyer signs it;

      2.  Be in the language in which the sales presentation was given;

      3.  Contain the addresses of the buyer and the studio or club;

      4.  Be given to the buyer when he signs it;

      5.  [Disclose whether security has been obtained and deposited with the Division pursuant to NRS 598.726;

      6.]  Specify the term of membership of the buyer, which must not be measured by the life of the buyer;

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2723 (Chapter 475, AB 561)ê

 

      [7.] 6.  Clearly specify the right of the buyer to cancel the contract pursuant to NRS 598.950;

      [8.] 7.  Not contain a clause by which the contract is automatically renewed; and

      [9.] 8.  Specify the number of lessons and the cost of each lesson, if the contract is for dance lessons.

      Sec. 61.  NRS 598.966 is hereby amended to read as follows:

      598.966  1.  The remedies, duties and prohibitions of NRS 598.940 to 598.966, inclusive, are not exclusive and are in addition to any other remedies provided by law.

      2.  Any violation of NRS [598.944] 598.948 to 598.958, inclusive, constitutes a deceptive trade practice for the purposes of NRS 598.0903 to 598.0999, inclusive.

      Sec. 62.  (Deleted by amendment.)

      Sec. 63.  NRS 599B.010 is hereby amended to read as follows:

      599B.010  As used in this chapter, unless the context otherwise requires:

      1.  “Chance promotion” means any plan in which premiums are distributed by random or chance selection.

      2.  [“Commissioner” means the Commissioner of Consumer Affairs.

      3.]  “Consumer” means a person who is solicited by a seller or salesman.

      [4.  “Division” means the Consumer Affairs Division of the Department of Business and Industry.

      5.] 3.  “Donation” means a promise, grant or pledge of money, credit, property, financial assistance or other thing of value given in response to a solicitation by telephone, including, but not limited to, a payment or promise to pay in consideration for a performance, event or sale of goods or services. The term does not include volunteer services, government grants or contracts or a payment by members of any organization of membership fees, dues, fines or assessments or for services rendered by the organization to those persons, if:

      (a) The fees, dues, fines, assessments or services confer a bona fide right, privilege, professional standing, honor or other direct benefit upon the member; and

      (b) Membership in the organization is not conferred solely in consideration for making a donation in response to a solicitation.

      [6.] 4.  “Goods or services” means any property, tangible or intangible, real, personal or mixed, and any other article, commodity or thing of value.

      [7.] 5.  “Premium” includes any prize, bonus, award, gift or any other similar inducement or incentive to purchase.

      [8.] 6.  “Recovery service” means a business or other practice whereby a person represents or implies that he will, for a fee, recover any amount of money that a consumer has provided to a seller or salesman pursuant to a solicitation governed by the provisions of this chapter.

      [9.] 7.  “Salesman” means any person:

      (a) Employed or authorized by a seller to sell, or to attempt to sell, goods or services by telephone;

      (b) Retained by a seller to provide consulting services relating to the management or operation of the seller’s business; or

      (c) Who communicates on behalf of a seller with a consumer:

            (1) In the course of a solicitation by telephone; or

            (2) For the purpose of verifying, changing or confirming an order,

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2724 (Chapter 475, AB 561)ê

 

Ê except that a person is not a salesman if his only function is to identify a consumer by name only and he immediately refers the consumer to a salesman.

      [10.] 8.  Except as otherwise provided in subsection [11,] 9, “seller” means any person who, on his own behalf, causes or attempts to cause a solicitation by telephone to be made through the use of one or more salesmen or any automated dialing announcing device under any of the following circumstances:

      (a) The person initiates contact by telephone with a consumer and represents or implies:

            (1) That a consumer who buys one or more goods or services will receive additional goods or services, whether or not of the same type as purchased, without further cost, except for actual postage or common carrier charges;

            (2) That a consumer will or has a chance or opportunity to receive a premium;

            (3) That the items for sale are gold, silver or other precious metals, diamonds, rubies, sapphires or other precious stones, or any interest in oil, gas or mineral fields, wells or exploration sites or any other investment opportunity;

            (4) That the product offered for sale is information or opinions relating to sporting events;

            (5) That the product offered for sale is the services of a recovery service; or

            (6) That the consumer will receive a premium or goods or services if he makes a donation;

      (b) The solicitation by telephone is made by the person in response to inquiries from a consumer generated by a notification or communication sent or delivered to the consumer that represents or implies:

            (1) That the consumer has been in any manner specially selected to receive the notification or communication or the offer contained in the notification or communication;

            (2) That the consumer will receive a premium if the recipient calls the person;

            (3) That if the consumer buys one or more goods or services from the person, the consumer will also receive additional or other goods or services, whether or not the same type as purchased, without further cost or at a cost that the person represents or implies is less than the regular price of the goods or services;

            (4) That the product offered for sale is the services of a recovery service; or

            (5) That the consumer will receive a premium or goods or services if he makes a donation; or

      (c) The solicitation by telephone is made by the person in response to inquiries generated by advertisements that represent or imply that the person is offering to sell any:

            (1) Gold, silver or other metals, including coins, diamonds, rubies, sapphires or other stones, coal or other minerals or any interest in oil, gas or other mineral fields, wells or exploration sites, or any other investment opportunity;

            (2) Information or opinions relating to sporting events; or

            (3) Services of a recovery service.

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2725 (Chapter 475, AB 561)ê

 

      [11.] 9.  “Seller” does not include:

      (a) A person licensed pursuant to chapter 90 of NRS when soliciting offers, sales or purchases within the scope of his license.

      (b) A person licensed pursuant to chapter 119A, 119B, 624, 645 or 696A of NRS when soliciting sales within the scope of his license.

      (c) A person licensed as an insurance broker, agent or solicitor when soliciting sales within the scope of his license.

      (d) Any solicitation of sales made by the publisher of a newspaper or magazine or by an agent of the publisher pursuant to a written agreement between the agent and publisher.

      (e) A broadcaster soliciting sales who is licensed by any state or federal authority, if the solicitation is within the scope of the broadcaster’s license.

      (f) A person who solicits a donation from a consumer when:

            (1) The person represents or implies that the consumer will receive a premium or goods or services with an aggregated fair market value of 2 percent of the donation or $50, whichever is less; or

            (2) The consumer provides a donation of $50 or less in response to the solicitation.

      (g) A charitable organization which is registered or approved to conduct a lottery pursuant to chapter 462 of NRS.

      (h) A public utility or motor carrier which is regulated pursuant to chapter 704 or 706 of NRS, or by an affiliate of such a utility or motor carrier, if the solicitation is within the scope of its certificate or license.

      (i) A utility which is regulated pursuant to chapter 710 of NRS, or by an affiliate of such a utility.

      (j) A person soliciting the sale of books, recordings, videocassettes, software for computer systems or similar items through:

            (1) An organization whose method of sales is governed by the provisions of Part 425 of Title 16 of the Code of Federal Regulations relating to the use of negative option plans by sellers in commerce;

            (2) The use of continuity plans, subscription arrangements, arrangements for standing orders, supplements, and series arrangements pursuant to which the person periodically ships merchandise to a consumer who has consented in advance to receive the merchandise on a periodic basis and has the opportunity to review the merchandise for at least 10 days and return it for a full refund within 30 days after it is received; or

            (3) An arrangement pursuant to which the person ships merchandise to a consumer who has consented in advance to receive the merchandise and has the opportunity to review the merchandise for at least 10 days and return it for a full refund within 30 days after it is received.

      (k) A person who solicits sales by periodically publishing and delivering a catalog to consumers if the catalog:

            (1) Contains a written description or illustration of each item offered for sale and the price of each item;

            (2) Includes the business address of the person;

            (3) Includes at least 24 pages of written material and illustrations;

            (4) Is distributed in more than one state; and

            (5) Has an annual circulation by mailing of not less than 250,000.

      (l) A person soliciting without the intent to complete and who does not complete, the sales transaction by telephone but completes the sales transaction at a later face-to-face meeting between the solicitor and the consumer, if the person, after soliciting a sale by telephone, does not cause another person to collect the payment from or deliver any goods or services purchased to the consumer.

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2726 (Chapter 475, AB 561)ê

 

consumer, if the person, after soliciting a sale by telephone, does not cause another person to collect the payment from or deliver any goods or services purchased to the consumer.

      (m) Any commercial bank, bank holding company, subsidiary or affiliate of a bank holding company, trust company, savings and loan association, credit union, industrial loan company, personal property broker, consumer finance lender, commercial finance lender, or insurer subject to regulation by an official or agency of this State or of the United States, if the solicitation is within the scope of the certificate or license held by the entity.

      (n) A person holding a certificate of authority issued pursuant to chapter 452 of NRS when soliciting sales within the scope of the certificate.

      (o) A person licensed pursuant to chapter 689 of NRS when soliciting sales within the scope of his license.

      (p) A person soliciting the sale of services provided by a video service provider subject to regulation pursuant to chapter 711 of NRS.

      (q) A person soliciting the sale of agricultural products, if the solicitation is not intended to and does not result in a sale of more than $100 that is to be delivered to one address. As used in this paragraph, “agricultural products” has the meaning ascribed to it in NRS 587.290.

      (r) A person who has been operating, for at least 2 years, a retail business establishment under the same name as that used in connection with the solicitation of sales by telephone if, on a continuing basis:

            (1) Goods are displayed and offered for sale or services are offered for sale and provided at the person’s business establishment; and

            (2) At least 50 percent of the person’s business involves the buyer obtaining such goods or services at the person’s business establishment.

      (s) A person soliciting only the sale of telephone answering services to be provided by the person or his employer.

      (t) A person soliciting a transaction regulated by the Commodity Futures Trading Commission, if:

            (1) The person is registered with or temporarily licensed by the Commission to conduct that activity pursuant to the Commodity Exchange Act, 7 U.S.C. §§ 1 et seq.; and

            (2) The registration or license has not expired or been suspended or revoked.

      (u) A person who contracts for the maintenance or repair of goods previously purchased from the person:

            (1) Making the solicitation; or

            (2) On whose behalf the solicitation is made.

      (v) A person to whom a license to operate an information service or a nonrestricted gaming license, which is current and valid, has been issued pursuant to chapter 463 of NRS when soliciting sales within the scope of his license.

      (w) A person who solicits a previous customer of the business on whose behalf the call is made if the person making the call:

            (1) Does not offer the customer any premium in connection with the sale;

            (2) Is not selling an investment or an opportunity for an investment that is not registered with any state or federal authority; and

            (3) Is not regularly engaged in telephone sales.

      (x) A person who solicits the sale of livestock.

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2727 (Chapter 475, AB 561)ê

 

      (y) An issuer which has a class of securities that is listed on the New York Stock Exchange, the American Stock Exchange or the National Market System of the National Association of Securities Dealers Automated Quotation System.

      (z) A subsidiary of an issuer that qualifies for exemption pursuant to paragraph (y) if at least 60 percent of the voting power of the shares of the subsidiary is owned by the issuer.

      Sec. 64.  NRS 599B.025 is hereby amended to read as follows:

      599B.025  [1.]  The Attorney General may adopt regulations establishing standards of conduct for [registrants] sellers and salesmen and any other regulations necessary to exercise the powers and carry out the duties of the Attorney General as set forth in this chapter.

      [2.  The Commissioner and the Attorney General shall jointly adopt rules of practice establishing a procedure for processing complaints received concerning sellers and salesmen, whether or not the sellers and salesmen are registered pursuant to this chapter. The rules of practice:

      (a) Must provide for the sharing of information and for the initial review of complaints by the Attorney General before mediation by the Commissioner; and

      (b) May provide procedures for mediation by the Commissioner after initial review by the Attorney General.

      3.  The Commissioner may adopt rules of practice necessary to administer and carry out the provisions of this chapter pertaining to the registration of sellers and salesmen. The rules of practice must not restrict the powers and duties of the Attorney General as set forth in this chapter.]

      Sec. 65.  NRS 599B.150 is hereby amended to read as follows:

      599B.150  1.  No salesman may be associated with or employed by more than one seller at the same time.

      2.  A seller shall cooperate fully with the [Commissioner] Attorney General in any investigation made by him concerning an alleged violation of the provisions of this chapter by a salesman.

      Sec. 66.  NRS 599B.160 is hereby amended to read as follows:

      599B.160  If any change is made to any script, outline, presentation or sales or donation information or literature used by a [registrant] seller or salesman in connection with any solicitation, the new or revised material must be submitted by the [registrant] seller or salesman to the [Division] Attorney General before such material is used.

      Sec. 67.  NRS 599B.170 is hereby amended to read as follows:

      599B.170  1.  During any solicitation or sales presentation made by him, or in any correspondence written in connection with a sale, a salesman shall:

      (a) Identify himself by stating his true name;

      (b) Identify the seller by whom he is employed; and

      (c) State the purpose of his call.

      2.  During any solicitation or sales presentation made by him, or in any correspondence written in connection with a [registrant, a registrant] seller or salesman, a seller or salesman shall disclose to a consumer:

      (a) Any charge, including the amount associated with the use of any premium being offered;

      (b) Any material restriction, requirement, condition, limitation or exception which is associated with the use of the premium; and

      (c) Any charge connected with the sale of any goods or services.

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2728 (Chapter 475, AB 561)ê

 

      3.  A [registrant] seller or salesman shall not characterize a premium as a prize unless the consumer may receive the premium free of charge and without making any purchase.

      4.  A [registrant] seller or salesman shall inform each consumer of the time within which any premium will be delivered.

      5.  A [registrant] seller or salesman shall not make any representation of the number of premiums to be awarded in a sales promotion unless the representation accurately reflects the actual number of premiums that will be awarded.

      Sec. 68.  NRS 599B.180 is hereby amended to read as follows:

      599B.180  If a seller expressly or impliedly represents to any consumer, directly or through a salesman, that the consumer is or may be eligible to receive any gift, premium, bonus or prize, however denominated, the seller shall:

      1.  Submit to the [Division] Attorney General a statement setting forth, for each item mentioned:

      (a) A description of the item.

      (b) The value or worth of the item and the basis for the valuation.

      (c) All terms and conditions a consumer must satisfy in order to receive the item. The statement must be accompanied by a copy of the written statement of terms and conditions provided to consumers pursuant to subsection 3.

      (d) If they are ascertainable, the odds, for a given consumer, of receiving the item.

      (e) If a consumer is to receive fewer than all the items described by the seller:

            (1) The manner in which the seller decides which item a given consumer is to receive.

            (2) If they are ascertainable, the odds, for a given consumer, of receiving each item described.

            (3) The name and address of each person who has, during the preceding 12 months or any portion thereof in which the seller has done business, received the item having the greatest value and the item with the smallest odds of being received.

      2.  Provide the following information to the consumer at the time of the solicitation:

      (a) The complete address of the location and the telephone number from which the consumer is being called and, if different, the complete address of the principal location at which the seller does business.

      (b) The information required by paragraphs (a) and (c) of subsection 1.

      (c) If the seller elects to inform the consumer of the value or worth of the item, the information must be identical to that submitted pursuant to paragraph (b) of subsection 1, in exactly the form submitted.

      (d) If the consumer is to receive fewer than all the items described by the seller, the information required by subparagraph (1) of paragraph (e) of subsection 1.

      3.  Advise the consumer, at the time of the solicitation, that he may obtain, without cost, a written statement of the terms and conditions he must satisfy in order to receive the item. If the consumer so requests, the seller shall send him such a statement, by mail, without cost to the consumer.

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2729 (Chapter 475, AB 561)ê

 

      Sec. 69.  NRS 599B.185 is hereby amended to read as follows:

      599B.185  If a [registrant] seller or salesman solicits the sale of investments or opportunities for investment, he shall, during the oral sales presentation and in writing, inform the prospective consumer:

      1.  Of the manner in which the price of the offered item is determined;

      2.  Whether the [registrant] seller or salesman or his employer receives any financial advantage other than an agent’s or brokerage fee; and

      3.  Of the amount of any agent’s or brokerage fee.

      Sec. 70.  NRS 599B.187 is hereby amended to read as follows:

      599B.187  1.  A [registrant] seller or salesman shall not use a chance promotion unless each consumer is entitled to participate in the promotion without charge or payment of any kind.

      2.  A [registrant] seller or salesman shall, before describing any item offered in a chance promotion, inform each consumer that he may participate in the promotion without any obligation to purchase any goods or services.

      3.  If a consumer specifically requests the information and the odds are ascertainable, the [registrant] seller or salesman shall orally disclose the odds of receiving each item offered in the chance promotion. If such a request is made but the odds are not ascertainable, the [registrant] seller or salesman shall disclose the manner in which the items offered in the promotion are awarded.

      4.  A [registrant] seller or salesman shall not require or request the payment of any money as a condition of obtaining any premium offered in a chance promotion.

      5.  A [registrant] seller or salesman shall not require a person to perform any action or to supply any information to participate in a chance promotion, except that the [registrant] seller or salesman may require the person to submit a written request sent by first-class mail. A [registrant] seller or salesman may not require the person to supply any information other than his name, address and a list of the premiums available in the chance promotion.

      6.  If a premium is offered in a chance promotion, the [registrant] seller or salesman shall provide any such premium to each person who does not purchase goods or services from the [registrant] seller or salesman upon the same terms, including time of delivery, as are provided to the persons who do purchase goods or services from the [registrant.] seller or salesman.

      7.  If requested, a [registrant] seller or salesman shall inform each person who does not purchase goods or services from the [registrant] seller or salesman of the manner in which the person can participate in the chance promotion.

      8.  Any [registrant] seller or salesman who uses a chance promotion shall:

      (a) Furnish to the [Division] Attorney General information establishing the financial ability of the [registrant] seller or salesman to award all premiums to be given in the promotion.

      (b) Award all premiums included in the promotion to bona fide recipients within 12 months after the promotion begins.

      (c) Deliver the premiums to bona fide recipients within a reasonable time.

      Sec. 71.  NRS 599B.190 is hereby amended to read as follows:

      599B.190  1.  Except as otherwise provided in subsection 3, a person who purchases goods or services or makes a donation pursuant to a solicitation governed by this chapter must be given a refund or replacement, at his option, if:

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2730 (Chapter 475, AB 561)ê

 

      (a) The goods or services are defective, are not as represented or if any item described pursuant to NRS 599B.180 is not received as promised; and

      (b) He returns the unused goods, if any, or makes a written request for the refund or replacement within 30 days after he receives:

            (1) The goods or services; or

            (2) Any item described pursuant to NRS 599B.180,

Ê whichever is received later. A return or request is timely if shipment is made or the request is postmarked, properly addressed and postage prepaid, within the time provided by this paragraph.

      2.  A [registrant] seller or salesman who receives a written request for a refund or replacement shall not require prior authorization for a return of goods and shall give a refund or replacement within 14 days after receipt of the request.

      3.  If a consumer of goods returns only a portion of the goods, the refund or replacement required by subsection 1 may be prorated accordingly.

      4.  The refund or replacement required by subsection 1 must be given by the seller, regardless of whether payment for the goods or services is made to the seller or some other person.

      5.  Except for any proration permitted by subsection 3, a [registrant] seller or salesman shall not impose any charge in connection with a return of goods or a request for a refund or replacement.

      6.  If a [registrant] seller or salesman receives payment by credit card, he may issue a refund in the form of a credit to the credit card account of the consumer in lieu of a cash refund.

      7.  Within 3 days after any purchase of goods or services or upon delivery of the goods or services, whichever is later, or within 3 days after receiving a donation, the seller shall provide the consumer with a written summary of the provisions of this section. The summary must:

      (a) [Be made in a form prescribed by the Division.

      (b)] Include the address to which returned goods or a request for refund may be sent.

      [(c)] (b) Be accompanied by a statement containing the information required by paragraph (e) of subsection 1 of NRS 599B.180, if the provisions of that section apply.

      [(d)] (c) If the provisions of paragraph (c) of subsection 2 of NRS 599B.180 apply, be accompanied by a statement concerning the number of persons who have, during the 12 months preceding the solicitation or any portion thereof in which the seller has done business, received the item having the greatest value and the item with the smallest odds of being received.

Ê A summary is timely if it is postmarked, properly addressed and postage prepaid, within the time provided by this subsection.

      Sec. 72.  NRS 599B.200 is hereby amended to read as follows:

      599B.200  A salesman or seller shall not disclose the name or address of any person who purchases goods or services pursuant to a solicitation governed by this chapter. Nothing in this section prohibits the disclosure of this information to:

      1.  Any person employed by or associated with the seller; or

      2.  [The Commissioner or any employee of the Division; or

      3.]  Any law enforcement officer or agency that requires the information for investigative purposes.

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2731 (Chapter 475, AB 561)ê

 

      Sec. 73.  NRS 599B.210 is hereby amended to read as follows:

      599B.210  1.  Every [registrant,] seller or salesman, other than a [registrant] seller or salesman incorporated in this state, shall file with the Secretary of State an irrevocable consent appointing the Secretary of State as his agent to receive service of any lawful process in any action or proceeding against him arising pursuant to this chapter. Any lawful process against the [registrant] seller or salesman served upon the Secretary of State as provided in subsection 2 has the same force and validity as if served upon the [registrant] seller or salesman personally.

      2.  Service of process authorized by subsection 1 must be made by filing with the Secretary of State:

      (a) Two copies of the process. The copies must include a specific citation to the provisions of this section. The Secretary of State may refuse to accept such service if the proper citation is not included in each copy.

      (b) A fee of $10.

Ê The Secretary of State shall forthwith forward one copy of the process by registered or certified mail prepaid to the [registrant,] seller or salesman, or in the case of a [registrant] seller or salesman organized under the laws of a foreign government, to the United States manager or last appointed United States general agent of the [registrant,] seller or salesman, giving the day and the hour of the service.

      3.  Service of process is not complete until the copy thereof has been mailed and received by the [registrant,] seller or salesman, and the receipt of the addressee is prima facie evidence of the completion of the service.

      4.  If service of summons is made upon the Secretary of State in accordance with the provisions of this section, the time within which the [registrant] seller or salesman is required to appear is extended 10 days.

      Sec. 74.  NRS 599B.255 is hereby amended to read as follows:

      599B.255  1.  Except as otherwise provided in NRS 599B.213, the Attorney General or the district attorney of any county in this state may prosecute a person who willfully violates, either directly or indirectly, the provisions of this chapter. [Except as otherwise provided in subsection 3, such] Such a person:

      (a) For the first offense within 10 years, is guilty of a misdemeanor.

      (b) For the second offense within 10 years, is guilty of a gross misdemeanor.

      (c) For the third and all subsequent offenses within 10 years, is guilty of a category D felony and shall be punished as provided in NRS 193.130, or by a fine of not more than $50,000, or by both fine and the punishment provided in NRS 193.130.

      2.  Any offense which occurs within 10 years immediately preceding the date of the principal offense or after the principal offense constitutes a prior offense for the purposes of subsection 1 when evidenced by a conviction, without regard to the sequence of the offenses and convictions.

      3.  [A person who violates any provision of NRS 599B.080 is guilty of a category D felony and shall be punished as provided in NRS 193.130, or by a fine of not more than $50,000, or by both fine and the punishment provided in NRS 193.130.

      4.]  Property or proceeds attributable to any violation pursuant to the provisions of this section are subject to forfeiture in the manner provided by NRS 179.1156 to 179.121, inclusive.

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2732 (Chapter 475, AB 561)ê

 

      Sec. 75.  NRS 599B.260 is hereby amended to read as follows:

      599B.260  1.  Except as otherwise provided in subsection 2, all fees, civil penalties and any other money collected pursuant to this chapter in an action brought by the Attorney General must be deposited in the State General Fund and may only be used to defray the costs of:

      (a) Administering and enforcing the provisions of this chapter.

      (b) Enforcing the provisions of chapter 598 of NRS as they relate to the conduct of sellers and salesmen . [, whether or not the sellers and salesmen are registered pursuant to this chapter.]

      2.  The provisions of this section do not apply to:

      (a) Criminal fines imposed pursuant to the provisions of this chapter; or

      (b) Restitution ordered in an action brought by the Attorney General pursuant to the provisions of this chapter. Money collected for restitution ordered in such an action must be deposited by the Attorney General and credited to the appropriate account of [the Division or] the Attorney General for distribution to the person for whom the restitution was ordered.

      Sec. 76.  NRS 686A.300 is hereby amended to read as follows:

      686A.300  1.  An insurer who issues insurance covering damage to a motor vehicle shall not delay making payment for any claim involving damage to a motor vehicle after receiving a statement of charges [,] pursuant to the provisions of [NRS 597.5705,] section 23 of this act from any garage or licensed body shop previously authorized by the insured to perform the repairs required by that claim.

      2.  A delay, within the meaning of this section, is failure to issue a check or draft, payable to the garage or licensed body shop or jointly to the insured and the garage or licensed body shop, within 30 days after the insurer’s receipt of the statement of charges for repairs which have been satisfactorily completed.

      3.  If the damaged vehicle is subject to a security interest or the legal owner of the damaged vehicle is different from the registered owner, the vehicle must be repaired by a garage or licensed body shop unless:

      (a) The insurer has declared the vehicle a total loss; or

      (b) The total charge for the repair of the vehicle, as set forth in the statement of charges presented pursuant to [NRS 597.5705,] section 23 of this act, is $300 or less.

      4.  Except as otherwise provided in subsection 3, nothing in this section shall be deemed to prohibit an insurer and insured from settling a claim involving damage to a motor vehicle without providing for the repair of the vehicle.

      5.  As used in this section, “licensed body shop” means a body shop for which a license has been issued pursuant to chapter 487 of NRS.

      Sec. 77.  1.  NRS 487.535, 487.568, 487.570, 487.602, 597.480, 597.490, 597.500, 597.510, 597.520, 597.530, 597.535, 597.540, 597.550, 597.560, 597.570, 597.5701, 597.5702, 597.5703, 597.5704, 597.5705, 597.5706, 597.580, 597.590, 598.971, 598.975, 598.981, 598.985 and 598.990 are hereby repealed.

      2.  NRS 598.0913, 598.0927, 598.0957, 598.0959, 598.0965, 598.0966, 598.0967, 598.0971, 598.0979, 598.098, 598.305, 598.307, 598.315, 598.317, 598.325, 598.335, 598.345, 598.356, 598.361, 598.365, 598.366, 598.367, 598.371, 598.372, 598.373, 598.374, 598.375, 598.385, 598.395, 598.405, 598.416, 598.425, 598.435, 598.445, 598.455, 598.465, 598.471, 598.485, 598.495, 598.506, 598.515, 598.525, 598.845, 598.851, 598.855, 598.860, 598.865, 598.915, 598.9407, 598.9413, 598.944, 598.946, 598C.030, 598C.180, 599B.015, 599B.080, 599B.090, 599B.100, 599B.105, 599B.110, 599B.115, 599B.120, 599B.125, 599B.130, 599B.140, 599B.143, 599B.145 and 599B.195 are hereby repealed.

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2733 (Chapter 475, AB 561)ê

 

598.860, 598.865, 598.915, 598.9407, 598.9413, 598.944, 598.946, 598C.030, 598C.180, 599B.015, 599B.080, 599B.090, 599B.100, 599B.105, 599B.110, 599B.115, 599B.120, 599B.125, 599B.130, 599B.140, 599B.143, 599B.145 and 599B.195 are hereby repealed.

      Sec. 78.  1.  Any regulations adopted by the Commissioner of the Consumer Affairs Division of the Department of Business and Industry or by the Division before July 1, 2009, remain in force until amended by the officer or agency to which the responsibility for the adoption of the regulations is transferred. The regulations may be enforced by the officer or agency to which the responsibility for the enforcement of the regulations is transferred.

      2.  Any contract or other agreement entered into by the Commissioner of the Consumer Affairs Division of the Department of Business and Industry or by the Division before July 1, 2009, is binding upon the officer or agency to which the responsibility for administration of the contract or other agreement is transferred. Any such contract or other agreement may be enforced by the officer or agency to which the responsibility for the enforcement of the provisions of the contract or other agreement is transferred.

      Sec. 79.  1.  As soon as practicable after July 1, 2009, at the time the Revolving Account for the Consumer Affairs Division of the Department of Business and Industry established by NRS 598.0966 is abolished, the State Treasurer shall ensure that any money in the Revolving Account is transferred to the revolving account for the Bureau of Consumer Protection created by section 1 of this act.

      2.  As soon as practicable after July 1, 2009, at the time the Recovery Fund established pursuant to NRS 598.371 is abolished, the State Treasurer shall ensure that any money in the Recovery Fund is transferred to the State General Fund.

      Sec. 80.  1.  This section and sections 1 to 35, inclusive, 36 to 57, inclusive, and 58 to 79, inclusive, of this act become effective on July 1, 2009.

      2.  The amendatory provisions of sections 3, 4, 36 to 51, inclusive, 57, 58 to 75, inclusive, and subsection 2 of section 77 of this act expire by limitation on June 30, 2011.

      3.  Sections 35.1 to 35.95, inclusive, and 57.5 of this act become effective on July 1, 2011.

________

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2734ê

 

CHAPTER 476, SB 35

Senate Bill No. 35–Committee on Judiciary

 

CHAPTER 476

 

AN ACT relating to criminal procedure; providing that an acquittal of an offense in another jurisdiction may be introduced in evidence by the defendant in the trial in this State for the same offense; eliminating the provision that prohibits the prosecution of a person in this State for a crime after the person is convicted or acquitted of the crime in another country; and providing other matters properly relating thereto.

 

[Approved: June 8, 2009]

 

Legislative Counsel’s Digest:

      Section 1 of this bill amends existing law to provide that after a person is acquitted of a crime in another jurisdiction and a criminal prosecution is brought in the courts of this State for the same offense, the acquittal in the other jurisdiction may be introduced in evidence by the defendant in the prosecution in this State. (NRS 193.280)

      Section 1.5 of this bill revises the provision that prohibits the prosecution of a person in this State for a crime after the person is convicted or acquitted of the crime in another state, territory or country by eliminating the prohibition on the prosecution of a person in this State for a crime after the person is convicted or acquitted of the crime in another country. (NRS 171.070)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 193.280 is hereby amended to read as follows:

      193.280  Whenever, upon the trial of any person for a crime, it appears that the offense was committed in another state or country, under such circumstances that the courts of this state had jurisdiction thereof, and that the defendant has already been acquitted [or convicted] upon the merits, upon a criminal prosecution under the laws of such state or country, founded upon the act or omission with respect to which he is upon trial, such former acquittal [or conviction is a sufficient defense.] may be introduced in evidence by the defendant in the trial.

      Sec. 1.5.  NRS 171.070 is hereby amended to read as follows:

      171.070  When an act charged as a public offense is within the jurisdiction of another state [,] or territory , [or country,] as well as of this state, a conviction or acquittal thereof in the former is a bar to the prosecution or indictment therefor in this state.

      Sec. 2.  (Deleted by amendment.)

      Sec. 3.  The amendatory provisions of this act do not apply to offenses committed before July 1, 2009.

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

________

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2735ê

 

CHAPTER 477, SB 175

Senate Bill No. 175–Committee on Government Affairs

 

CHAPTER 477

 

AN ACT relating to floods; authorizing a board of county commissioners to acquire, improve, equip, operate and maintain a flood management project in certain counties; authorizing any revenues derived from such a flood management project to be pledged for the payment of certain bonds; authorizing the governing body of a municipality in certain counties to acquire, improve, equip, operate and maintain a flood management project under certain circumstances; revising provisions governing the acquisition of bonds issued by a flood management authority; and providing other matters properly relating thereto.

 

[Approved: June 8, 2009]

 

Legislative Counsel’s Digest:

      Existing law authorizes a board of county commissioners to acquire and maintain within the county various projects, including building projects, drainage and flood control projects, lending projects, off-street parking projects, overpass projects, park projects, sewerage projects, street projects and water projects. In connection with those projects, a board of county commissioners may issue general obligation bonds to support and defray the cost of the project and take certain other related actions concerning the project. (NRS 244A.011-244A.065) Existing law confers similar authority upon the governing body of a municipality. (NRS 268.672-268.740) Sections 3-15 of this bill expand the authority of a board of county commissioners in a county whose population is 100,000 or more but less than 400,000 (currently Washoe County) by authorizing the board to acquire and maintain a flood management project in the same manner as any other project authorized under existing law. Sections 16-22 of this bill provide similar provisions for a governing body of a municipality within such a county. Sections 24-27 of this bill revise the provisions of existing law governing the making of loans and the issuance of state securities by this State to assist municipalities in the construction of public improvements by including within those provisions a flood management authority.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  The Legislature hereby declares that flood management projects provide a benefit to residents and owners of property by:

      1.  Preventing the loss of life and property;

      2.  Preventing the disruption of essential services for the safety of the public and the disruption of commerce, transportation, communication and essential services which have adverse economic impacts;

      3.  Preventing the waste of water resulting from floods;

      4.  Providing for the conservation, development, use and disposal of water and improved quality of water;

      5.  Providing for ecosystem restoration and enhanced recreational facilities; and

      6.  Providing for the safeguarding of the public health.

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2736 (Chapter 477, SB 175)ê

 

      Sec. 2.  Chapter 244A of NRS is hereby amended by adding thereto the provisions set forth as sections 3 and 4 of this act.

      Sec. 3.  “Flood management authority” means any entity that is created by cooperative agreement pursuant to chapter 277 of NRS, the functions of which include the acquisition, construction, improvement, operation and maintenance of a flood management project.

      Sec. 4.  “Flood management project” or any phrase of similar import, means a project or improvement that is located within or without a county whose population is 100,000 or more but less than 400,000 and is established for the control or management of any flood or storm waters of the county or any flood or storm waters of a stream of which the source is located outside of the county. The term includes, without limitation:

      1.  A drainage and flood control project;

      2.  A project to construct, repair or restore an ecosystem;

      3.  A project to mitigate any adverse effect of flooding or flood management activity or improvement;

      4.  A project to conserve any flood or storm waters for any beneficial and useful purpose by spreading, storing, reusing or retaining those waters or causing those waters to percolate into the ground to improve water quality;

      5.  A project that alters or diverts or proposes to alter or divert a natural watercourse, including any improvement for the passage of fish;

      6.  A park project that is related to a flood management project;

      7.  Any landscaping or similar amenity that is constructed:

      (a) To increase the usefulness of a flood management project to any community or to provide aesthetic compatibility with any surrounding community; or

      (b) To mitigate any adverse effect on the environment relating to a flood management project;

      8.  A project to relocate or replace a utility, transmission line, conduit, bridge or similar feature or structure that exacerbates any flooding or is located in an area that is susceptible to flooding;

      9.  A project to protect and manage a floodplain;

      10.  A project that is designed to improve the quality of any flood or storm waters or the operation of any flood management system, including, without limitation, any monitoring, measurement or assessment of that system; and

      11.  Any real property or interest in real property that is acquired to support the carrying out of a flood management project, including, without limitation, any property that may become flooded because of any improvement for flood management,

Ê or any combination thereof and any other structure, fixture, equipment or property required for a flood management project.

      Sec. 5.  NRS 244A.011 is hereby amended to read as follows:

      244A.011  NRS 244A.011 to 244A.065, inclusive, [shall] and sections 3 and 4 of this act may be [known] cited as the County Bond Law.

      Sec. 6.  NRS 244A.013 is hereby amended to read as follows:

      244A.013  Except where the context otherwise requires, the definitions in NRS 244A.015 to 244A.056, inclusive, and sections 3 and 4 of this act govern the construction hereof.

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2737 (Chapter 477, SB 175)ê

 

      Sec. 7.  NRS 244A.025 is hereby amended to read as follows:

      244A.025  “County” means any county in [the] this State. For the purposes of NRS 244A.011 to 244A.065, inclusive, and sections 3 and 4 of this act, Carson City is considered as a county.

      Sec. 8.  NRS 244A.027 is hereby amended to read as follows:

      244A.027  “Drainage and flood control project” means any natural and artificial water facilities for the collection, transportation, impoundment and disposal of rainfall, storm, flood or surface drainage waters, including, without limitation, ditches, lakes, reservoirs, revetments, levees, dikes, walls, embankments, bridges, sewers, culverts, inlets, connections, laterals, collection lines, outfalls, outfall sewers, trunk sewers, intercepting sewers, transmission lines, conduits, syphons, sluices, flumes, canals, ditches, natural and artificial watercourses, ponds, dams, retarding basins, and other water diversion and storage facilities, pumping stations, stream gauges, rain gauges, meters, flood warning service and appurtenant telephone, telegraph, radio and television service, engines, valves, pumps, apparatus, fixtures, structures and buildings, or any combination thereof, and all appurtenances and incidentals necessary, useful or desirable for any such facilities, including, without limitation, all types of property therefor. The term includes a flood management project.

      Sec. 9.  NRS 244A.034 is hereby amended to read as follows:

      244A.034  “Infrastructure project” means:

      1.  A capital improvement for fire protection, a library, a building, a park or police protection that a municipality is authorized to improve, acquire or equip pursuant to a law other than the County Bond Law; or

      2.  For a water authority, wastewater authority , flood management authority or any municipality whose governing body is composed of only the members of the board, a capital improvement for [a] :

      (a) A water system [,] ;

      (b) A water reclamation system ;

      (c) A flood management project; or

      (d) A sanitary sewer ,

Ê that the municipality is authorized to improve, acquire or equip pursuant to a law other than the County Bond Law.

      Sec. 10.  NRS 244A.0345 is hereby amended to read as follows:

      244A.0345  “Municipal securities” means notes, warrants, interim debentures, bonds and temporary bonds issued by a municipality pursuant to a law other than the County Bond Law which are:

      1.  General obligations payable from ad valorem taxes that are approved by the voters of the municipality issued for a capital improvement of a library or park;

      2.  General obligations payable from ad valorem taxes that are approved by the voters of the municipality or are approved pursuant to subsection 3 of NRS 350.020 issued for a capital improvement of an infrastructure project other than a library or park;

      3.  Revenue obligations of a water authority that are payable from revenues of:

      (a) The water system of the water authority;

      (b) One or more of the municipalities that are members of the water authority; or

      (c) Any combination of the entities described in paragraphs (a) and (b); [or]

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2738 (Chapter 477, SB 175)ê

 

      4.  Revenue obligations of a wastewater authority that are payable from revenues of:

      (a) The water reclamation system of the wastewater authority;

      (b) One or more of the municipalities that are members of the wastewater authority; or

      (c) Any combination of the entities described in paragraphs (a) and (b) [.] ; or

      5.  Revenue obligations of a flood management authority that are payable from the revenues of:

      (a) A flood management project of the flood management authority;

      (b) One or more of the municipalities that are members of the flood management authority; or

      (c) Any combination of the entities described in paragraphs (a) and (b).

      Sec. 11.  NRS 244A.0347 is hereby amended to read as follows:

      244A.0347  “Municipality” means any city, town, school district, library district, consolidated library district, fire protection district, district for a fire department, park district, general improvement district organized pursuant to chapter 318 of NRS, wastewater authority, flood management authority, water district organized pursuant to a special act or water authority organized as a political subdivision created by cooperative agreement.

      Sec. 12.  NRS 244A.057 is hereby amended to read as follows:

      244A.057  Any board, upon behalf of the county and in its name, may acquire, improve, equip, operate and maintain, within the county:

      1.  A building project;

      2.  A drainage and flood control project;

      3.  A flood management project;

      4.  A lending project if the county has adopted an ordinance pursuant to subsection 3 of NRS 244A.064;

      [4.] 5.  An off-street parking project;

      [5.] 6.  An overpass project;

      [6.] 7.  A park project;

      [7.] 8.  A sewerage project;

      [8.] 9.  A street project;

      [9.] 10.  An underpass project; and

      [10.] 11.  A water project.

      Sec. 13.  NRS 244A.061 is hereby amended to read as follows:

      244A.061  The payment of any bonds issued hereunder may be additionally secured by a pledge of all or part of any revenues derived from [the] :

      1.  The operation of any project herein authorized and from any other income-producing project of the county [and derived from any] ;

      2.  A flood management project; or

      3.  Any license or other excise taxes levied for revenue and available for such a pledge , [(]

Ê or any combination thereof . [).]

      Sec. 14.  NRS 244A.063 is hereby amended to read as follows:

      244A.063  In order to [insure] acquire, improve, equip, operate and maintain a project specified in NRS 244A.057 and to ensure the payment, wholly or in part, of the general obligation bonds or revenue bonds of the county the payment of which bonds is additionally secured by a pledge of the revenues derived from any such income-producing project [and from any such] , flood management project or excise taxes, or any combination thereof, the board may establish and maintain, and the board may from time to time revise, a schedule or schedules of fees, rates and charges for services or facilities, or both services and facilities, rendered by or through the income-producing project or flood management project, within the corporate limits of the county, and a schedule or schedules of license or other excise taxes, in an amount sufficient for that purpose and also sufficient to discharge any covenant in the proceedings of the board authorizing the issuance of any of such bonds, including any covenant for the establishment of reasonable reserve funds.

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2739 (Chapter 477, SB 175)ê

 

to time revise, a schedule or schedules of fees, rates and charges for services or facilities, or both services and facilities, rendered by or through the income-producing project or flood management project, within the corporate limits of the county, and a schedule or schedules of license or other excise taxes, in an amount sufficient for that purpose and also sufficient to discharge any covenant in the proceedings of the board authorizing the issuance of any of such bonds, including any covenant for the establishment of reasonable reserve funds.

      Sec. 15.  NRS 244A.065 is hereby amended to read as follows:

      244A.065  1.  No other act or law with regard to the authorization or issuance of bonds that requires an approval, or in any way impedes or restricts the carrying out of the acts herein authorized to be done, shall be construed as applying to any proceedings taken hereunder or acts done pursuant hereto, except as herein otherwise provided.

      2.  The powers conferred by NRS 244A.011 to 244A.065, inclusive, [shall be] and sections 3 and 4 of this act are in addition and supplemental to, and not in substitution for, and the limitations imposed by NRS 244A.011 to 244A.065, inclusive, [shall] and sections 3 and 4 of this act do not affect the powers conferred by, any other law.

      3.  No part of NRS 244A.011 to 244A.065, inclusive, [shall repeal or affect] and sections 3 and 4 of this act repeals or affects any other law or part thereof, it being intended that NRS 244A.011 to 244A.065, inclusive, [shall] and sections 3 and 4 of this act must provide a separate method of accomplishing its objectives, and not an exclusive one , [;] and NRS 244A.011 to 244A.065, inclusive, [shall] and sections 3 and 4 of this act must not be construed as repealing, amending or changing any such other law.

      Sec. 16.  Chapter 268 of NRS is hereby amended by adding thereto a new section to read as follows:

      “Flood management project” or any phrase of similar import, means a project or improvement that is located within or without a city in a county whose population is 100,000 or more but less than 400,000 and is established for the control or management of any flood or storm waters of the city or any flood or storm waters of a stream of which the source is located outside of the city. The term includes, without limitation:

      1.  A drainage project or flood control project;

      2.  A project to construct, repair or restore an ecosystem;

      3.  A project to mitigate any adverse effect of flooding or flood management activity or improvement;

      4.  A project to conserve any flood or storm waters for any beneficial and useful purpose by spreading, storing, reusing or retaining those waters or causing those waters to percolate into the ground to improve water quality;

      5.  A project that alters or diverts or proposes to alter or divert a natural watercourse, including any improvement for the passage of fish;

      6.  A recreational project that is related to a flood management project;

      7.  Any landscaping or similar amenity that is constructed:

      (a) To increase the usefulness of a flood management project to any community or to provide aesthetic compatibility with any surrounding community; or

      (b) To mitigate any adverse effect on the environment relating to a flood management project;

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2740 (Chapter 477, SB 175)ê

 

      8.  A project to relocate or replace a utility, transmission line, conduit, bridge or similar feature or structure that exacerbates any flooding or is located in an area that is susceptible to flooding;

      9.  A project to protect and manage a floodplain;

      10.  A project that is designed to improve the quality of any flood or storm waters or the operation of any flood management system, including, without limitation, any monitoring, measurement or assessment of that system; and

      11.  The acquisition of any real property or interest in real property to support the carrying out of a flood management project, including, without limitation, any property that may become flooded because of any improvement for flood management,

Ê or any combination thereof and any other structure, fixture, equipment or property required for a flood management project.

      Sec. 17.  NRS 268.672 is hereby amended to read as follows:

      268.672  NRS 268.672 to 268.740, inclusive, and section 16 of this act may be cited as the City Bond Law.

      Sec. 18.  NRS 268.674 is hereby amended to read as follows:

      268.674  Except as otherwise provided in NRS 268.672 to 268.740, inclusive, and section 16 of this act, the terms used or referred to herein are as defined in the Local Government Securities Law , [;] but the definitions in NRS 268.676 to 268.728, inclusive, and section 16 of this act, except where the context otherwise requires, govern the construction hereof.

      Sec. 19.  NRS 268.682 is hereby amended to read as follows:

      268.682  “Drainage project” or “flood control project,” or any phrase of similar import, means any natural and artificial water facilities for the collection, channeling, impoundment and disposal of rainfall, other surface and subsurface drainage waters, and storm and floodwaters, including , without limitation ditches, ponds, dams, spillways, retarding basins, detention basins, lakes, reservoirs, canals, channels, levees, revetments, dikes, walls, embankments, bridges, inlets, outlets, connections, laterals, other collection lines, intercepting sewers, outfalls, outfall sewers, trunk sewers, force mains, submains, water lines, sluices, flumes, syphons, sewer lines, pipes, conduits, culverts, other transmission lines, pumping stations, gauging stations, ventilating facilities, stream gauges, rain gauges, engines, valves, pumps, meters, junction boxes, manholes, other inlet and outlet structures, bucket machines, inlet and outlet cleaners, backhoes, draglines, graders, other equipment, apparatus, fixtures, structures and buildings, flood warning service and appurtenant telephone, telegraph, radio and television apparatus and other water diversion, drainage and flood control facilities , [(] or any combination thereof . [).] The term includes a flood management project.

      Sec. 20.  NRS 268.730 is hereby amended to read as follows:

      268.730  Except as otherwise provided in NRS 268.086 and 268.088, any governing body of a municipality, upon its behalf and in its name, may at any time or from time to time acquire, improve, equip, operate and maintain, within or without or both within and without the municipality:

      1.  A building project;

      2.  A cemetery project;

      3.  A communications project;

      4.  A drainage project or flood control project;

      5.  An electric project;

      6.  A fire protection project;

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2741 (Chapter 477, SB 175)ê

 

      7.  A flood management project;

      8.  An off-street parking project;

      [8.] 9.  An overpass project;

      [9.] 10.  A park project;

      [10.] 11.  A recreational project;

      [11.] 12.  A refuse project;

      [12.] 13.  A sewerage project;

      [13.] 14.  A sidewalk project;

      [14.] 15.  A street project;

      [15.] 16.  A transportation project;

      [16.] 17.  An underpass project; and

      [17.] 18.  A water project.

      Sec. 21.  NRS 268.738 is hereby amended to read as follows:

      268.738  In order to [insure] acquire, improve, equip, operate and maintain a project specified in NRS 268.730 and to ensure the payment, wholly or in part, of the general obligation securities or revenue securities of the municipality the payment of which bonds is additionally secured by a pledge of the revenues derived from any such income-producing project [and from any such] , flood management project or excise taxes, or any combination thereof, the governing body of the municipality may establish and maintain, and the governing body may from time to time revise, a schedule or schedules of fees, rates and charges for services or facilities, or both services and facilities, rendered by or through the income-producing project or flood management project and a schedule or schedules of license or other excise taxes, in an amount sufficient for that purpose and also sufficient to discharge any covenant in the proceedings of the governing body authorizing the issuance of any of such bonds, including any covenant for the establishment of reasonable reserve funds.

      Sec. 22.  NRS 268.740 is hereby amended to read as follows:

      268.740  1.  No other act or law with regard to the authorization or issuance of bonds that requires an approval, or in any way impedes or restricts the carrying out of the acts herein authorized to be done, shall be construed as applying to any proceedings taken hereunder or acts done pursuant hereto, except as herein otherwise provided.

      2.  The powers conferred by NRS 268.672 to 268.740, inclusive, [shall be] and section 16 of this act are in addition and supplemental to, and not in substitution for, and the limitations imposed by NRS 268.672 to 268.740, inclusive, [shall] and section 16 of this act do not affect the powers conferred by, any other law.

      3.  No part of NRS 268.672 to 268.740, inclusive, [shall repeal or affect] and section 16 of this act repeals or affects any other law or part thereof, it being intended that NRS 268.672 to 268.740, inclusive, [shall] and section 16 of this act must provide a separate method of accomplishing its objectives, and not an exclusive one , [;] and NRS 268.672 to 268.740, inclusive, [shall] and section 16 of this act must not be construed as repealing, amending or changing any such other law.

      Sec. 23.  NRS 271A.050 is hereby amended to read as follows:

      271A.050  “Project” means:

      1.  With respect to a county whose population is 400,000 or more:

      (a) An art project, as defined in NRS 271.037;

      (b) A tourism and entertainment project, as defined in NRS 271.234; or

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2742 (Chapter 477, SB 175)ê

 

      (c) A sports stadium which can be used for the home games of a Major League Baseball or National Football League team and for other purposes, including structures, buildings and other improvements and equipment therefor, parking facilities, and all other appurtenances necessary, useful or desirable for a Major League Baseball or National Football League stadium, including, without limitation, all types of property therefor and immediately adjacent facilities for retail sales, dining and entertainment.

      2.  With respect to a city in a county whose population is 400,000 or more:

      (a) A project described in paragraph (a), (b) or (c) of subsection 1; or

      (b) A recreational project, as defined in NRS 268.710.

      3.  With respect to a municipality other than a municipality described in subsection 1 or 2, any project that the municipality is authorized to acquire, improve, equip, operate and maintain pursuant to subsections 1, 2 , 3 and [4] 5 to 10, inclusive, of NRS 244A.057 or NRS 268.730 or 271.265, as applicable.

      4.  Any real or personal property suitable for retail, tourism or entertainment purposes.

      5.  Any real or personal property necessary, useful or desirable in connection with any of the projects set forth in this section.

      6.  Any combination of the projects set forth in this section.

      Sec. 24.  Chapter 350A of NRS is hereby amended by adding thereto a new section to read as follows:

      “Flood management authority” means any entity that is created by cooperative agreement pursuant to chapter 277 of NRS, the functions of which include the acquisition, construction, improvement, operation and maintenance of a flood management project.

      Sec. 25.  NRS 350A.020 is hereby amended to read as follows:

      350A.020  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 350A.025 to 350A.125, inclusive, and section 24 of this act have the meanings ascribed to them in those sections.

      Sec. 26.  NRS 350A.070 is hereby amended to read as follows:

      350A.070  “Municipal securities” means notes, warrants, interim debentures, bonds and temporary bonds validly issued as obligations for a purpose related to natural resources which are payable:

      1.  From taxes whether or not additionally secured by any municipal revenues available therefor;

      2.  For bonds issued by an irrigation district, from assessments against real property;

      3.  For bonds issued by a water authority organized as a political subdivision created by cooperative agreement, from revenues of the water system of the water authority or one or more of the water purveyors who are members of the water authority or any combination thereof; [or]

      4.  For bonds issued by a wastewater authority, from revenues of the water reclamation system of the wastewater authority or one or more of the municipalities that are members of the wastewater authority, or any combination thereof [.] ; or

      5.  For bonds issued by a flood management authority, from revenues of the flood management authority or one or more of the municipalities that are members of the flood management authority, or any combination thereof.

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2743 (Chapter 477, SB 175)ê

 

      Sec. 27.  NRS 350A.080 is hereby amended to read as follows:

      350A.080  “Municipality” means any county, city, town, wastewater authority, flood management authority, water authority organized as a political subdivision created by cooperative agreement, school district, general improvement district or other district, including an irrigation district.

      Sec. 28.  This act becomes effective upon passage and approval.

________

 

CHAPTER 478, SB 273

Senate Bill No. 273–Senator Schneider

 

CHAPTER 478

 

AN ACT relating to health; providing for the scope of regulation of certain activities related to nonembryonic cells; providing that nothing in this act shall be construed to indicate the status under federal law of the activities authorized under this act; providing for cell or tissue banks; providing for the administration of nonembryonic cells to a person; providing for the compounding of drugs, medicines or health products using nonembryonic cells; providing for the importation and administration of nonembryonic cells under certain circumstances; and providing other matters properly relating thereto.

 

[Approved: June 8, 2009]

 

Legislative Counsel’s Digest:

      Section 6 of this bill provides that no state or local entity may regulate the activities related to nonembryonic cells authorized in this bill except as otherwise provided in certain portions of this bill.

      Section 7 of this bill provides that nothing in this bill shall be construed to indicate the status under federal law of the activities authorized under this bill.

      Section 8 of this bill authorizes cell or tissue banks to operate in this State.

      Section 9 of this bill authorizes the administration, whether assisted or not, of nonembryonic cells to a person.

      Section 10 of this bill authorizes the compounding of a drug, medicine or health product using nonembryonic cells.

      Section 11 of this bill authorizes the importation and administration, whether assisted or not, of nonembryonic cells under certain circumstances.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 629 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 11, inclusive, of this act.

      Sec. 2.  As used in sections 2 to 11, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3, 4 and 5 of this act have the meanings ascribed to them in those sections.

      Sec. 3.  “Allogeneic” means originating from the body of another person.

      Sec. 4.  “Autologous” means originating from within a person’s own body.

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2744 (Chapter 478, SB 273)ê

 

      Sec. 5.  “Nonembryonic cells” means autologous or allogeneic cellular material, including, without limitation, stem cells and immune cells, that:

      1.  Has not been isolated or obtained directly from human embryos; and

      2.  May have been or may be combined with one or more:

      (a) Naturally occurring biomaterials; or

      (b) Materials approved or cleared for any purpose by the United States Food and Drug Administration or other applicable agency or authority.

      Sec. 6.  1.  Notwithstanding any other provision of law, any department, commission, board or agency of a state or local government, including, without limitation, a state professional board, shall not:

      (a) Except as otherwise provided in subsection 2 of section 9 of this act and subsection 2 of section 11 of this act, regulate the activities authorized by sections 2 to 11, inclusive, of this act; or

      (b) Take disciplinary action or impose civil or criminal liabilities or penalties against a person for engaging in an activity authorized by sections 2 to 11, inclusive, of this act.

      2.  This section does not:

      (a) Absolve a professional licensing board of the duty to regulate licensees or otherwise prohibit or limit the powers and duties of a licensing board to regulate the procedures used to administer the nonembryonic stem cells.

      (b) Absolve any person of civil or criminal liability or penalty for failure to use the reasonable care, skill or knowledge ordinarily used in rendering medical services under similar circumstances.

      Sec. 7.  Nothing in sections 2 to 11, inclusive, of this act shall be construed to indicate the status of any of the activities authorized pursuant to sections 2 to 11, inclusive, of this act as regards federal law.

      Sec. 8.  1.  Notwithstanding any other provision of law, a cell or tissue bank may operate in this State.

      2.  As used in this section, “cell or tissue bank” means a facility that stores nonembryonic cells or tissues, or both.

      Sec. 9.  Notwithstanding any other provision of law, nonembryonic cells may be administered to a person by:

      1.  That person himself; or

      2.  A person licensed or authorized in this State to administer or assist in the administration of medicine or health care to others if the mode of delivery used by the person to deliver the nonembryonic cells is a mode of delivery permitted under the person’s license or authorization.

      Sec. 10.  Notwithstanding any other provision of law:

      1.  A drug, medicine or health product may be compounded using as an ingredient, by itself or with other ingredients, nonembryonic cells; and

      2.  A pharmacy that compounds a drug, medicine or health product described in subsection 1 may be owned or operated, or both, in this State.

      Sec. 11.  Notwithstanding any other provision of law:

      1.  A person may import into this State any compound, drug or other treatment containing nonembryonic cells if:

      (a) The compound, drug or other treatment was obtained without violating the laws of the jurisdiction in which it was obtained; and

      (b) The compound, drug or other treatment is for personal use.

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2745 (Chapter 478, SB 273)ê

 

      2.  A person who is licensed or authorized in this State to administer or assist in the administration of medicine or health care to others may administer or assist in the administration of, to a person described in subsection 1, the imported compound, drug or other treatment if the mode of delivery used to deliver the nonembryonic cells by the person who is licensed or authorized in this State is a mode of delivery permitted under the person’s license or authorization.

      Sec. 12.  This act becomes effective on July 1, 2009.

________

 

CHAPTER 479, SB 94

Senate Bill No. 94–Committee on Government Affairs

 

CHAPTER 479

 

AN ACT relating to fire protection; imposing various requirements relating to fire protection in the areas of the Lake Tahoe Basin and the Lake Mead Basin that are located in this State; requiring the State Forester Firewarden and State Fire Marshal to cooperate in the enforcement of certain laws and regulations; authorizing the transfer of certain property by the State of Nevada to the Sierra Fire Protection District; and providing other matters properly relating thereto.

 

[Approved: June 8, 2009]

 

Legislative Counsel’s Digest:

      Existing law charges the State Forester Firewarden with overseeing various fire protection activities for the State. (Chapter 472 of NRS) Existing law also provides for the creation of various types of fire protection districts. (Chapters 318, 473 and 474 of NRS) Existing law sets forth the duties of the State Forester Firewarden. (NRS 472.040) Section 2 of this bill expands those duties to include cooperating with the State Fire Marshal in enforcing laws and adopting regulations, assessing codes, rules and regulations of certain agencies to ensure they are consistent with other fire codes, rules and regulations and ensuring that any adopted regulations are consistent with those of fire protection districts created pursuant to chapter 318, 473 or 474 of NRS. Existing law requires the State Fire Marshal to cooperate with the State Forester Firewarden to prepare certain regulations. (NRS 477.030) Section 4 of this bill expands that requirement to include regulations relating to the mitigation of the fire hazard risk posed by vegetation in the Lake Tahoe Basin and the Lake Mead Basin. Section 5 of this bill requires the State Forester Firewarden to review and evaluate the laws and regulations of this State to: (1) ensure that such fire protection districts have adequate statutory and regulatory authority to carry out the regulations adopted pursuant to this bill and to carry out necessary fire safety and fire prevention activities; and (2) ensure that there are adequate mechanisms to increase the funding of the fire prevention districts, if necessary, to enforce the regulations and that adequate funding exists to carry out their responsibilities. The State Forester Firewarden is required to submit a report of its review and evaluation and any recommendations for legislation to the Legislative Committee for the Review and Oversight of the Tahoe Regional Planning Agency and the Marlette Lake Water System, and to the Director of the Legislative Counsel Bureau by January 1, 2011, for transmittal to the 2011 Legislature.

      Section 7 of this bill authorizes the transfer of certain property owned by the State of Nevada to the Sierra Fire Protection District.

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2746 (Chapter 479, SB 94)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  (Deleted by amendment.)

      Sec. 2.  NRS 472.040 is hereby amended to read as follows:

      472.040  1.  The State Forester Firewarden shall:

      (a) Supervise or coordinate all forestry and watershed work on state-owned and privately owned lands, including fire control, in Nevada, working with federal agencies, private associations, counties, towns, cities or private persons.

      (b) Administer all fire control laws and all forestry laws in Nevada outside of townsite boundaries, and perform any other duties designated by the Director of the State Department of Conservation and Natural Resources or by state law.

      (c) Assist and encourage county or local fire protection districts to create legally constituted fire protection districts where they are needed and offer guidance and advice in their operation.

      (d) Designate the boundaries of each area of the State where the construction of buildings on forested lands creates such a fire hazard as to require the regulation of roofing materials.

      (e) Adopt and enforce regulations relating to standards for fire retardant roofing materials to be used in the construction, alteration, change or repair of buildings located within the boundaries of fire hazardous forested areas.

      (f) Purchase communication equipment which can use the microwave channels of the state communications system and store this equipment in regional locations for use in emergencies.

      (g) Administer money appropriated and grants awarded for fire prevention, fire control and the education of firefighters and award grants of money for those purposes to fire departments and educational institutions in this State.

      (h) Determine the amount of wages that must be paid to offenders who participate in conservation camps and who perform work relating to fire fighting and other work projects of conservation camps.

      (i) Cooperate with the State Fire Marshal in the enforcement of all laws and the adoption of regulations relating to the prevention of fire through the management of vegetation in counties located within or partially within the Lake Tahoe Basin and the Lake Mead Basin.

      (j) Assess the codes, rules and regulations which are adopted by other agencies that have specific regulatory authority within the Lake Tahoe Basin and the Lake Mead Basin, and which are not subject to the authority of a state or local fire agency, for consistency with fire codes, rules and regulations.

      (k) Ensure that any adopted regulations are consistent with those of fire protection districts created pursuant to chapter 318, 473 or 474 of NRS.

      2.  The State Forester Firewarden in carrying out the provisions of this chapter may:

      (a) Appoint paid foresters and firewardens to enforce the provisions of the laws of this State respecting forest and watershed management or the protection of forests and other lands from fire, subject to the approval of the board of county commissioners of each county concerned.

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2747 (Chapter 479, SB 94)ê

 

      (b) Appoint suitable citizen-wardens. Citizen-wardens serve voluntarily except that they may receive compensation when an emergency is declared by the State Forester Firewarden.

      (c) Appoint, upon the recommendation of the appropriate federal officials, resident officers of the United States Forest Service and the United States Bureau of Land Management as voluntary firewardens. Voluntary firewardens are not entitled to compensation for their services.

      (d) Appoint certain paid foresters or firewardens to be arson investigators.

      (e) Employ, with the consent of the Director of the State Department of Conservation and Natural Resources, clerical assistance, county and district coordinators, patrolmen, firefighters, and other employees as needed, and expend such sums as may be necessarily incurred for this purpose.

      (f) Purchase, or acquire by donation, supplies, material, equipment and improvements necessary to fire protection and forest and watershed management.

      (g) With the approval of the Director of the State Department of Conservation and Natural Resources and the State Board of Examiners, purchase or accept the donation of real property to be used for lookout sites and for other administrative, experimental or demonstration purposes. No real property may be purchased or accepted unless an examination of the title shows the property to be free from encumbrances, with title vested in the grantor. The title to the real property must be examined and approved by the Attorney General.

      (h) Expend any money appropriated by the State to the Division of Forestry of the State Department of Conservation and Natural Resources for paying expenses incurred in fighting fires or in emergencies which threaten human life.

      3.  The State Forester Firewarden, in carrying out the powers and duties granted in this section, is subject to administrative supervision by the Director of the State Department of Conservation and Natural Resources.

      Sec. 3.  NRS 472.041 is hereby amended to read as follows:

      472.041  1.  The State Forester Firewarden may:

      (a) In a district formed pursuant to NRS 473.034; and

      (b) In an area designated pursuant to paragraph (d) of subsection 1 of NRS 472.040, including , without limitation, any land within the 1/2-mile radius surrounding such an area,

Ê enforce [the provisions of Appendix II-A of the Uniform Fire Code of the International Conference of Building Officials in the form most recently adopted by that conference before July 1, 1985, regarding the clearance] all regulations relating to the reduction of brush, dense undergrowth and other vegetation around and adjacent to a structure to reduce the exposure of the structure to fire and radiant heat and increase the ability of firefighters to protect the structure.

      2.  The enforcement of these provisions must permit the planting of grass, trees, ornamental shrubbery or other plants used to stabilize the soil and prevent erosion so long as the plants do not form a means of rapidly transmitting fire from native growth to any structure.

      Sec. 4.  NRS 477.030 is hereby amended to read as follows:

      477.030  1.  Except as otherwise provided in this section, the State Fire Marshal shall enforce all laws and adopt regulations relating to:

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2748 (Chapter 479, SB 94)ê

 

      (a) The prevention of fire.

      (b) The storage and use of:

            (1) Combustibles, flammables and fireworks; and

            (2) Explosives in any commercial construction, but not in mining or the control of avalanches,

Ê under those circumstances that are not otherwise regulated by the Division of Industrial Relations of the Department of Business and Industry pursuant to NRS 618.890.

      (c) The safety, access, means and adequacy of exit in case of fire from mental and penal institutions, facilities for the care of children, foster homes, residential facilities for groups, facilities for intermediate care, nursing homes, hospitals, schools, all buildings, except private residences, which are occupied for sleeping purposes, buildings used for public assembly and all other buildings where large numbers of persons work, live or congregate for any purpose. As used in this paragraph, “public assembly” means a building or a portion of a building used for the gathering together of 50 or more persons for purposes of deliberation, education, instruction, worship, entertainment, amusement or awaiting transportation, or the gathering together of 100 or more persons in establishments for drinking or dining.

      (d) The suppression and punishment of arson and fraudulent claims or practices in connection with fire losses.

Ê Except as otherwise provided in subsection 12, the regulations of the State Fire Marshal apply throughout the State, but except with respect to state-owned or state-occupied buildings, his authority to enforce them or conduct investigations under this chapter does not extend to a school district except as otherwise provided in NRS 393.110, or a county whose population is 100,000 or more or which has been converted into a consolidated municipality, except in those local jurisdictions in those counties where he is requested to exercise that authority by the chief officer of the organized fire department of that jurisdiction or except as otherwise provided in a regulation adopted pursuant to paragraph (b) of subsection 2.

      2.  The State Fire Marshal may:

      (a) Set standards for equipment and appliances pertaining to fire safety or to be used for fire protection within this State, including the threads used on fire hose couplings and hydrant fittings; and

      (b) Adopt regulations based on nationally recognized standards setting forth the requirements for fire departments to provide training to firefighters using techniques or exercises that involve the use of fire or any device that produces or may be used to produce fire.

      3.  The State Fire Marshal shall cooperate with the State Forester Firewarden in the preparation of regulations relating to standards for fire retardant roofing materials pursuant to paragraph (e) of subsection 1 of NRS 472.040 [.] and the mitigation of the risk of a fire hazard from vegetation in counties within or partially within the Lake Tahoe Basin and the Lake Mead Basin.

      4.  The State Fire Marshal shall cooperate with the Division of Child and Family Services of the Department of Health and Human Services in establishing reasonable minimum standards for overseeing the safety of and directing the means and adequacy of exit in case of fire from family foster homes and group foster homes.

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2749 (Chapter 479, SB 94)ê

 

      5.  The State Fire Marshal shall coordinate all activities conducted pursuant to 15 U.S.C. §§ 2201 et seq. and receive and distribute money allocated by the United States pursuant to that act.

      6.  Except as otherwise provided in subsection 10, the State Fire Marshal shall:

      (a) Investigate any fire which occurs in a county other than one whose population is 100,000 or more or which has been converted into a consolidated municipality, and from which a death results or which is of a suspicious nature.

      (b) Investigate any fire which occurs in a county whose population is 100,000 or more or which has been converted into a consolidated municipality, and from which a death results or which is of a suspicious nature, if requested to do so by the chief officer of the fire department in whose jurisdiction the fire occurs.

      (c) Cooperate with the Commissioner of Insurance, the Attorney General and the Fraud Control Unit established pursuant to NRS 228.412 in any investigation of a fraudulent claim under an insurance policy for any fire of a suspicious nature.

      (d) Cooperate with any local fire department in the investigation of any report received pursuant to NRS 629.045.

      (e) Provide specialized training in investigating the causes of fires if requested to do so by the chief officer of an organized fire department.

      7.  The State Fire Marshal shall put the National Fire Incident Reporting System into effect throughout the State and publish at least annually a summary of data collected under the System.

      8.  The State Fire Marshal shall provide assistance and materials to local authorities, upon request, for the establishment of programs for public education and other fire prevention activities.

      9.  The State Fire Marshal shall:

      (a) Except as otherwise provided in subsection 12 and NRS 393.110, assist in checking plans and specifications for construction;

      (b) Provide specialized training to local fire departments; and

      (c) Assist local governments in drafting regulations and ordinances,

Ê on request or as he deems necessary.

      10.  Except as otherwise provided in this subsection, in a county other than one whose population is 100,000 or more or which has been converted into a consolidated municipality, the State Fire Marshal shall, upon request by a local government, delegate to the local government by interlocal agreement all or a portion of his authority or duties if the local government’s personnel and programs are, as determined by the State Fire Marshal, equally qualified to perform those functions. If a local government fails to maintain the qualified personnel and programs in accordance with such an agreement, the State Fire Marshal shall revoke the agreement. The provisions of this subsection do not apply to the authority of the State Fire Marshal to adopt regulations pursuant to paragraph (b) of subsection 2.

      11.  The State Fire Marshal may, as a public safety officer or as a technical expert on issues relating to hazardous materials, participate in any local, state or federal team or task force that is established to conduct enforcement and interdiction activities involving:

      (a) Commercial trucking;

      (b) Environmental crimes;

      (c) Explosives and pyrotechnics;

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2750 (Chapter 479, SB 94)ê

 

      (d) Drugs or other controlled substances; or

      (e) Any similar activity specified by the State Fire Marshal.

      12.  Except as otherwise provided in this subsection, any regulations of the State Fire Marshal concerning matters relating to building codes, including, without limitation, matters relating to the construction, maintenance or safety of buildings, structures and property in this State:

      (a) Do not apply in a county whose population is 400,000 or more which has adopted a code at least as stringent as the International Fire Code and the International Building Code, published by the International Code Council. To maintain the exemption from the applicability of the regulations of the State Fire Marshal pursuant to this subsection, the code of the county must be at least as stringent as the most recently published edition of the International Fire Code and the International Building Code within 1 year after publication of such an edition.

      (b) Apply in a county described in paragraph (a) with respect to state-owned or state-occupied buildings or public schools in the county and in those local jurisdictions in the county in which the State Fire Marshal is requested to exercise that authority by the chief executive officer of that jurisdiction. As used in this paragraph, “public school” has the meaning ascribed to it in NRS 385.007.

      Sec. 5.  1.  The State Forester Firewarden shall review and evaluate the laws and regulations of this State to ensure that adequate statutory and regulatory authority exists for each fire protection district, located in whole or in part in the areas of the Lake Tahoe Basin and the Lake Mead Basin in this State, that is created pursuant to chapter 318, 473 or 474 of NRS to carry out the regulations adopted pursuant to paragraphs (i), (j) and (k) of subsection 1 of NRS 472.040 and to carry out any necessary fire safety and fire prevention activities. The review and evaluation must also include a determination of whether such fire protection districts have adequate funding to carry out their responsibilities and whether one or more statutory mechanisms exist to increase the funding, if necessary, to ensure the enforcement of the regulations adopted pursuant to paragraphs (i), (j) and (k) of subsection 1 of NRS 472.040.

      2.  On or before January 1, 2011, the State Forester Firewarden shall submit a report which includes a summary of the review and evaluation conducted pursuant to subsection 1 and any recommendations for legislation to the Committee and to the Director of the Legislative Counsel Bureau for transmittal to the Legislature. The Director shall cause the report to be made available to each Senator and Assemblyman of the 2011 Legislature.

      3.  As used in this section, “Committee” means the Legislative Committee for the Review and Oversight of the Tahoe Regional Planning Agency and the Marlette Lake Water System created by NRS 218.53871.

      Sec. 6.  The State Forester Firewarden shall adopt the regulations required pursuant to paragraphs (i), (j) and (k) of subsection 1 of NRS 472.040 and complete the review and evaluation of the laws and regulations of this State required pursuant to section 5 of this act not later than July 1, 2010.

      Sec. 7.  1.  The State Land Registrar may transfer to the Sierra Fire Protection District, without consideration, all the interest of the State of Nevada in the real property which is commonly known as the Peavine Fire Station, situated in the County of Washoe, State of Nevada, and is described as follows:

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2751 (Chapter 479, SB 94)ê

 

Beginning at a point on the South line of Section 2, Twp. 20 N., Rge 18 E., M.D.B. & M., said point being 50′ West from the Southeast Corner of said Section 2; Thence West along said South line of Section 2 a distance of 210.00 feet; Thence Northerly and parallel to the East line of said Section 2, 208.00 feet; Thence East and parallel to said South line of Section 2, 210.00 feet; Thence South and parallel to said East line of Section 2, 208.00 feet to the point of beginning being an area of one acre, more or less, and situate in the Southeast Quarter (SE1/4) of the Southeast Quarter (SE1/4) of said Section 2.

 

      2.  If the real property is transferred to the Sierra Fire Protection District pursuant to subsection 1, the Sierra Fire Protection District shall pay the costs relating to the transfer of the real property.

      3.  If the real property is transferred to the Sierra Fire Protection District pursuant to subsection 1, the deed from the State of Nevada to the Sierra Fire Protection District must:

      (a) Include restrictions that:

            (1) Require the use of the property for the provision of services for fire protection and related public safety services; and

            (2) Prohibit the Sierra Fire Protection District or any successor in title from transferring the property without the consent of the State of Nevada.

      (b) Provide for the reversion of title to the property to the State of Nevada upon the breach of any restriction specified in this subsection.

      Sec. 8.  1.  This section and section 7 of this act become effective upon passage and approval.

      2.  Sections 1 to 6, inclusive, of this act become effective on October 1, 2009.

________

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2752ê

 

CHAPTER 480, SB 395

Senate Bill No. 395–Committee on Energy, Infrastructure and Transportation

 

CHAPTER 480

 

AN ACT relating to governmental administration; revising provisions governing the issuance of certain permits by the Public Utilities Commission of Nevada pursuant to the Utility Environmental Protection Act; altering the composition of the Commission on Economic Development; requiring the Chief of the Purchasing Division of the Department of Administration to adopt regulations establishing standards for the procurement of certain appliances, equipment, lighting and other devices; requiring the State Public Works Board to adopt certain standards concerning the efficient use of water and energy; requiring licensed vehicle dealers to provide certain information concerning vehicle emissions; and providing other matters properly relating thereto.

 

[Approved: June 8, 2009]

 

Legislative Counsel’s Digest:

      Section 4 of this bill alters the definition of “utility facility,” as that term is used in the Utility Environmental Protection Act which provides for the issuance of permits by the Public Utilities Commission of Nevada for the construction of utility facilities, to: (1) require a nameplate capacity for electric facilities of not more than 70 megawatts rather than a generating capacity of not more than 35 megawatts; and (2) apply to certain electric and gas facilities located in a county whose population is 100,000 or more (currently Clark and Washoe Counties) which were previously excluded.

      Section 5 of this bill exempts certain utility facilities from certain findings that are a condition precedent to permitting under the Utility Environmental Protection Act.

      Sections 6 and 24 of this bill alter the composition of the Commission on Economic Development to require that at least two of the appointed members be from counties whose population is less than 100,000. (NRS 231.040)

      Section 8 of this bill requires the Chief of the Purchasing Division of the Department of Administration to adopt regulations establishing standards favoring the procurement of appliances, equipment, lighting and other devices that bear the “Energy Star” label or meet other requirements prescribed by federal law unless to do so would not be cost-effective.

      Section 10 of this bill requires the State Public Works Board to adopt standards and performance guidelines concerning the efficient use of water and energy.

      Section 18 of this bill requires vehicle dealers in Nevada, beginning with the 2012 model year and thereafter, to ensure that each new vehicle offered for sale is accompanied by a disclosure of the vehicle’s estimated carbon dioxide emissions, if such information is available.

 

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 704.860 is hereby amended to read as follows:

      704.860  “Utility facility” means:

      1.  Electric generating plants and their associated facilities, except [:

      (a) Electric generating plants and their associated facilities that are or will be located entirely within the boundaries of a county whose population is 100,000 or more; or

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2753 (Chapter 480, SB 395)ê

 

      (b) Electric] electric generating plants and their associated facilities which use or will use renewable energy, as defined in NRS 704.7811, as their primary source of energy to generate electricity and which have or will have a [generating] nameplate capacity of not more than [35] 70 megawatts, including, without limitation, a net metering system, as defined in NRS 704.771.

[Ê] As used in this subsection, “associated facilities” includes, without limitation, any facilities for the storage, transmission or treatment of water, including, without limitation, facilities to supply water or for the treatment or disposal of wastewater, which support or service an electric generating plant.

      2.  Electric transmission lines and transmission substations that:

      (a) Are designed to operate at 200 kilovolts or more;

      (b) Are not required by local ordinance to be placed underground; and

      (c) Are constructed outside any incorporated city.

      3.  Gas transmission lines, storage plants, compressor stations and their associated facilities when constructed outside [:

      (a) Any] any incorporated city . [; and

      (b) Any county whose population is 100,000 or more.]

      4.  Water storage, transmission and treatment facilities, other than facilities for the storage, transmission or treatment of water from mining operations.

      5.  Sewer transmission and treatment facilities.

      Sec. 5.  NRS 704.890 is hereby amended to read as follows:

      704.890  1.  Except as otherwise provided in subsection 3, the Commission may not grant a permit for the construction, operation and maintenance of a utility facility, either as proposed or as modified by the Commission, to a person unless it finds and determines:

      (a) The nature of the probable effect on the environment;

      (b) [The] If the utility facility emits greenhouse gases and does not use renewable energy as its primary source of energy to generate electricity, the extent to which the facility is needed to ensure reliable utility service to customers in this State;

      (c) That the need for the facility balances any adverse effect on the environment;

      (d) That the facility represents the minimum adverse effect on the environment, considering the state of available technology and the nature and economics of the various alternatives;

      (e) That the location of the facility as proposed conforms to applicable state and local laws and regulations issued thereunder and the applicant has obtained, or is in the process of obtaining, all other permits, licenses and approvals required by federal, state and local statutes, regulations and ordinances; and

      (f) That the facility will serve the public interest.

      2.  If the Commission determines that the location of all or a part of the proposed facility should be modified, it may condition its permit upon such a modification. If the applicant has not obtained all the other permits, licenses and approvals required by federal, state and local statutes, regulations and ordinances as of the date on which the Commission decides to issue a permit, the Commission shall condition its permit upon the applicant obtaining those permits and approvals.

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2754 (Chapter 480, SB 395)ê

 

      3.  The requirements set forth in paragraph (f) of subsection 1 do not apply to any application for a permit which is filed by a state government or political subdivision thereof.

      4.  As used in this section, “renewable energy” has the meaning ascribed to it in NRS 704.7811.

      Sec. 6.  NRS 231.040 is hereby amended to read as follows:

      231.040  1.  The Commission on Economic Development is composed of the Lieutenant Governor, who is its Chairman, and six members who are appointed by the Governor.

      2.  The Governor shall appoint as members of the Commission persons who are residents of Nevada and who have proven experience in economic development which was acquired by them while engaged in finance, manufacturing, mining, agriculture, the field of transportation, or in general business other than tourism or gaming.

      3.  The Governor shall appoint [at] to the Commission:

      (a) At least one member who is a resident of [:

      (a)] Clark County.

      (b) At least one member who is a resident of Washoe County.

      (c) [A county] At least two members who are residents of counties whose population is [50,000 or less.] less than 100,000.

      Sec. 7.  (Deleted by amendment.)

      Sec. 8.  Chapter 333 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Chief shall adopt regulations which set forth standards to be used by using agencies when purchasing new appliances, equipment, lighting and other devices that use electricity, natural gas, propane or oil. Except as otherwise provided in subsection 2, the standards must require that such new appliances, equipment, lighting and other devices have received the Energy Star label pursuant to the program established pursuant to 42 U.S.C. § 6294a, or its successor, or meet the requirements established pursuant to 48 C.F.R. § 23.203.

      2.  The standards described in subsection 1 do not apply insofar as:

      (a) No items in a given class of appliances, equipment, lighting or other devices have been evaluated to determine whether they are eligible to receive the Energy Star label or have been designated by the Federal Government to meet the requirements established pursuant to 48 C.F.R. § 23.203; or

      (b) The purchase of new appliances, equipment, lighting or other devices that have received the Energy Star label would not be cost-effective in an individual instance, comparing the cost of the item to the cost of the amount of energy that will be saved over the useful life of the item.

      Sec. 9.  NRS 333.340 is hereby amended to read as follows:

      333.340  1.  Every contract or order for goods must be awarded to the lowest responsible bidder. To determine the lowest responsible bidder, the Chief:

      (a) Shall consider, if applicable [, the] :

            (1) The imposition of the inverse preference described in NRS 333.336.

            (2) The required standards adopted pursuant to section 8 of this act.

      (b) May consider:

            (1) The location of the using agency to be supplied.

            (2) The qualities of the articles to be supplied.

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2755 (Chapter 480, SB 395)ê

 

            (3) The total cost of ownership of the articles to be supplied.

            (4) Except as otherwise provided in subparagraph (5), the conformity of the articles to be supplied with the specifications.

            (5) If the articles are an alternative to the articles listed in the original request for bids, whether the advertisement for bids included a statement that bids for an alternative article will be considered if:

                  (I) The specifications of the alternative article meet or exceed the specifications of the article listed in the original request for bids;

                  (II) The purchase of the alternative article results in a lower price; and

                  (III) The Chief deems the purchase of the alternative article to be in the best interests of the State of Nevada.

            (6) The purposes for which the articles to be supplied are required.

            (7) The dates of delivery of the articles to be supplied.

      2.  If a contract or an order is not awarded to the lowest bidder, the Chief shall provide the lowest bidder with a written statement which sets forth the specific reasons that the contract or order was not awarded to him.

      3.  As used in this section, “total cost of ownership” includes, but is not limited to:

      (a) The history of maintenance or repair of the articles;

      (b) The cost of routine maintenance and repair of the articles;

      (c) Any warranties provided in connection with the articles;

      (d) The cost of replacement parts for the articles; and

      (e) The value of the articles as used articles when given in trade on a subsequent purchase.

      Sec. 10.  Chapter 341 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  For the purposes of the design and construction of buildings or other projects of this State, the Board shall adopt by regulation:

      (a) Standards for the efficient use of water.

      (b) Standards for the efficient use of energy, including, without limitation, the use of sources of renewable energy.

      (c) Performance guidelines for new, remodeled and renovated buildings.

      (d) Performance guidelines for retrofit projects, including, without limitation, guidelines for:

            (1) Energy consumption.

            (2) The use of potable water.

            (3) The use of water for purposes relating to landscaping.

            (4) The disposal of solid waste.

      2.  The standards and performance guidelines adopted in accordance with subsection 1 must include a mechanism for their evaluation and revision to ensure that such standards and guidelines:

      (a) Are cost-effective over the life of the applicable project.

      (b) Produce certain threshold levels of cost savings.

      3.  In adopting the standards and performance guidelines pursuant to subsection 1, the Board may consider, without limitation:

      (a) The Leadership in Energy and Environmental Design Green Building Rating System established by the U.S. Green Building Council or its successor;

      (b) The Green Globes assessment and rating system developed by the Green Building Initiative or its successor;

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2756 (Chapter 480, SB 395)ê

 

      (c) The standards established by the United States Environmental Protection Agency pursuant to the Energy Star Program;

      (d) The standards established by the American Society of Heating, Refrigerating and Air-Conditioning Engineers or its successor;

      (e) The criteria established pursuant to the Federal Energy Management Program established by the United States Department of Energy; and

      (f) The criteria established by the International Energy Conservation Code.

      4.  The regulations adopted pursuant to this section must include provisions for their enforcement.

      5.  As used in this section, “renewable energy” has the meaning ascribed to it in NRS 701A.220.

      Sec. 11.  NRS 341.119 is hereby amended to read as follows:

      341.119  1.  Upon the request of the head of a state agency, the Board may delegate to that agency any of the authority granted the Board pursuant to NRS 341.141 to 341.148, inclusive [.] , and section 10 of this act.

      2.  This section does not limit any of the authority of the Legislature when the Legislature is in regular or special session or the Interim Finance Committee when the Legislature is not in regular or special session to consult with the Board concerning a construction project or to approve the advance planning of a project.

      Sec. 12.  NRS 341.153 is hereby amended to read as follows:

      341.153  1.  The Legislature hereby finds as facts:

      (a) That the construction of public buildings is a specialized field requiring for its successful accomplishment a high degree of skill and experience not ordinarily acquired by public officers and employees whose primary duty lies in some other field.

      (b) That this construction involves the expenditure of large amounts of public money which, whatever their particular constitutional, statutory or governmental source, involve a public trust.

      (c) That the application by state agencies of conflicting standards of performance results in wasteful delays and increased costs in the performance of public works.

      2.  The Legislature therefore declares it to be the policy of this State that all construction of buildings upon property of the State or held in trust for any division of the State Government be supervised by, and final authority for its completion and acceptance vested in, the Board as provided in NRS 341.141 to 341.148, inclusive [.] , and section 10 of this act.

      Secs. 13-17.  (Deleted by amendment.)

      Sec. 18.  Chapter 482 of NRS is hereby amended by adding thereto a new section to read as follows:

      Every vehicle dealer licensed in this State shall ensure that, beginning with the 2012 model year and continuing with subsequent model years, each new vehicle he offers for sale is accompanied by a prominent disclosure setting forth the estimated amount of carbon dioxide that the vehicle emits, unless the information concerning the emissions for that vehicle is unavailable.

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2757 (Chapter 480, SB 395)ê

 

      Sec. 19.  NRS 482.36414 is hereby amended to read as follows:

      482.36414  A person who assumes operation of a franchise pursuant to NRS 482.36396 to 482.36414, inclusive, must be licensed as a dealer pursuant to the provisions of NRS 482.318 to 482.363, inclusive [.] , and section 18 of this act.

      Secs. 20-23.  (Deleted by amendment.)

      Sec. 24.  As soon as practicable after July 1, 2009, the Governor shall appoint to the Commission on Economic Development any new members required to be appointed to the Commission pursuant to NRS 231.040, as amended by section 6 of this act.

      Sec. 25.  1.  This section and sections 1 to 17, inclusive, and 20 to 24, inclusive, of this act become effective on July 1, 2009.

      2.  Sections 18 and 19 of this act become effective on January 1, 2010.

________

 

CHAPTER 481, AB 304

Assembly Bill No. 304–Assemblymen Segerblom, Ohrenschall; Aizley, Arberry, Atkinson, Claborn, Hogan, Horne, Kihuen, Koivisto, Manendo, Mortenson, Munford, Pierce, Smith and Stewart

 

Joint Sponsors: Senators Coffin; and Horsford

 

CHAPTER 481

 

AN ACT relating to development; making various changes pertaining to the preservation of historic neighborhoods; revising certain provisions concerning the Southern Nevada Enterprise Community; requiring the City of Las Vegas and the Nevada Department of Transportation to cooperate to reopen a certain street; and providing other matters properly relating thereto.

 

[Veto Overridden. Date Filed: June 2, 2009]

 

Legislative Counsel’s Digest:

      Under existing law, certain plans and zoning regulations must incorporate the consideration of certain policies, including the protection of existing neighborhoods and communities. (NRS 268.190, 278.02528, 278.0274, 278.150, 278.160, 278.170, 278.250) Sections 1.4 and 2-16 of this bill require certain local governmental entities to address the preservation of historic neighborhoods in those plans and regulations.

      Existing law designates certain areas in the urban core of the Las Vegas Valley as the Southern Nevada Enterprise Community. Existing law also establishes the Southern Nevada Enterprise Community Advisory Board and requires the Board to prepare, develop and carry out a project of infrastructure improvement in the Community. (Chapter 407, Statutes of Nevada 2007, pp. 1781-86) Section 25 of this bill changes the name of the Board, and section 26 of this bill revises the membership. Section 27 of this bill expands the duties of the Board to include identifying, seeking funding for and carrying out additional projects in the Community. Section 1.7 of this bill creates the Southern Nevada Enterprise Community Projects Fund and authorizes the Board to administer the Fund.

      Section 32 of this bill requires the City of Las Vegas and the Nevada Department of Transportation to cooperate in funding and bringing about the approval, design and construction of the project to reopen F Street in Las Vegas.

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2758 (Chapter 481, AB 304)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 278 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.4 and 1.7 of this act.

      Sec. 1.4.  “Historic neighborhood” means a subdivided or developed area:

      1.  Which consists of 10 or more residential dwelling units;

      2.  Where at least two-thirds of the residential dwelling units are 40 or more years of age; and

      3.  Which has been identified by the governing body of the city or county within which the area is located as having a distinctive character or traditional quality that can be distinguished from surrounding areas or new developments in the vicinity. Distinguishing characteristics of a historic neighborhood may include, without limitation:

      (a) Significance to the cultural, social, political or economic history of the area in which it is located;

      (b) Association with a significant person, group or event in local, state or national history;

      (c) Representation of an established and familiar visual feature of an area because of its location, design, architecture or singular physical appearance; or

      (d) Meeting the criteria for eligibility for listing on the State or National Register of Historic Places.

      Sec. 1.7.  1.  The Southern Nevada Enterprise Community Projects Fund is hereby created in the State Treasury. The interest and income earned on the money in the Fund, after deducting any applicable charges, must be credited to the Fund.

      2.  The Southern Nevada Enterprise Community Board shall administer the Fund and may accept gifts, grants and other money for deposit in the Fund.

      3.  The money in the Fund may only be used to fund projects in the Southern Nevada Enterprise Community and is hereby authorized for expenditure as a continuing appropriation for this purpose.

      Sec. 2.  NRS 278.010 is hereby amended to read as follows:

      278.010  As used in NRS 278.010 to 278.630, inclusive, and section 1.4 of this act, unless the context otherwise requires, the words and terms defined in NRS 278.0105 to 278.0195, inclusive, and section 1.4 of this act have the meanings ascribed to them in those sections.

      Sec. 3.  NRS 278.02528 is hereby amended to read as follows:

      278.02528  1.  The regional planning coalition shall develop a comprehensive regional policy plan for the balanced economic, social, physical, environmental and fiscal development and orderly management of the growth of the region for a period of at least 20 years. The comprehensive regional policy plan must contain recommendations of policy to carry out each part of the plan.

      2.  In developing the plan, the coalition:

      (a) May consult with other entities that are interested or involved in regional planning within the county.

      (b) Shall ensure that the comprehensive regional policy plan includes goals, policies, maps and other documents relating to:

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2759 (Chapter 481, AB 304)ê

 

            (1) Conservation, including, without limitation, policies relating to the use and protection of natural resources.

            (2) Population, including, without limitation, standardized projections for population growth in the region.

            (3) Land use and development, including, without limitation, a map of land use plans that have been adopted by local governmental entities within the region, and that the plan addresses, if applicable:

                  (I) Mixed-use development, transit-oriented development, master-planned communities and gaming enterprise districts; and

                  (II) The coordination and compatibility of land uses with each military installation in the region, taking into account the location, purpose and stated mission of the military installation.

            (4) Transportation.

            (5) The efficient provision of public facilities and services, including, without limitation, roads, water and sewer service, police and fire protection, mass transit, libraries and parks.

            (6) Air quality.

            (7) Strategies to promote and encourage:

                  (I) The interspersion of new housing and businesses in established neighborhoods; [and]

                  (II) The preservation of historic neighborhoods; and

                  (III) Development in areas in which public services are available.

      3.  The regional planning coalition shall not adopt or amend the comprehensive regional policy plan unless the adoption or amendment is by resolution of the regional planning coalition:

      (a) Carried by the affirmative votes of not less than two-thirds of its total membership; and

      (b) Ratified by the board of county commissioners of the county and the city council of each city that jointly established the regional planning coalition pursuant to NRS 278.02514.

      Sec. 4.  NRS 278.02556 is hereby amended to read as follows:

      278.02556  Except as otherwise provided in this section, a governing body, regional agency, state agency or public utility that is located in whole or in part within the region shall not adopt a master plan, facilities plan or other similar plan, or an amendment thereto, after March 1, 2001, unless the regional planning coalition has been afforded an opportunity to make recommendations regarding the plan or amendment. A governing body, regional agency, state agency or public utility may adopt an amendment to a land use plan described in paragraph [(f)] (g) of subsection 1 of NRS 278.160 without affording the regional planning coalition the opportunity to make recommendations regarding the amendment.

      Sec. 5.  NRS 278.0274 is hereby amended to read as follows:

      278.0274  The comprehensive regional plan must include goals, policies, maps and other documents relating to:

      1.  Population, including a projection of population growth in the region and the resources that will be necessary to support that population.

      2.  Conservation, including policies relating to the use and protection of air, land, water and other natural resources, ambient air quality, natural recharge areas, floodplains and wetlands, and a map showing the areas that are best suited for development based on those policies.

      3.  The limitation of the premature expansion of development into undeveloped areas, preservation of neighborhoods , including, without limitation, historic neighborhoods, and revitalization of urban areas, including, without limitation, policies that relate to the interspersion of new housing and businesses in established neighborhoods and set forth principles by which growth will be directed to older urban areas.

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2760 (Chapter 481, AB 304)ê

 

limitation, historic neighborhoods, and revitalization of urban areas, including, without limitation, policies that relate to the interspersion of new housing and businesses in established neighborhoods and set forth principles by which growth will be directed to older urban areas.

      4.  Land use and transportation, including the classification of future land uses by density or intensity of development based upon the projected necessity and availability of public facilities, including, without limitation, schools, and services and natural resources, and the compatibility of development in one area with that of other areas in the region. This portion of the plan must:

      (a) Address, if applicable:

            (1) Mixed-use development, transit-oriented development, master-planned communities and gaming enterprise districts; and

            (2) The coordination and compatibility of land uses with each military installation in the region, taking into account the location, purpose and stated mission of the military installation;

      (b) Allow for a variety of uses;

      (c) Describe the transportation facilities that will be necessary to satisfy the requirements created by those future uses; and

      (d) Be based upon the policies and map relating to conservation that are developed pursuant to subsection 2, surveys, studies and data relating to the area, the amount of land required to accommodate planned growth, the population of the area projected pursuant to subsection 1, and the characteristics of undeveloped land in the area.

      5.  Public facilities and services, including provisions relating to sanitary sewer facilities, solid waste, flood control, potable water and groundwater aquifer recharge which are correlated with principles and guidelines for future land uses, and which specify ways to satisfy the requirements created by those future uses. This portion of the plan must:

      (a) Describe the problems and needs of the area relating to public facilities and services and the general facilities that will be required for their solution and satisfaction;

      (b) Identify the providers of public services within the region and the area within which each must serve, including service territories set by the Public Utilities Commission of Nevada for public utilities;

      (c) Establish the time within which those public facilities and services necessary to support the development relating to land use and transportation must be made available to satisfy the requirements created by that development; and

      (d) Contain a summary prepared by the regional planning commission regarding the plans for capital improvements that:

            (1) Are required to be prepared by each local government in the region pursuant to NRS 278.0226; and

            (2) May be prepared by the water planning commission of the county, the regional transportation commission and the county school district.

      6.  Annexation, including the identification of spheres of influence for each unit of local government, improvement district or other service district and specifying standards and policies for changing the boundaries of a sphere of influence and procedures for the review of development within each sphere of influence.

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2761 (Chapter 481, AB 304)ê

 

sphere of influence. As used in this subsection, “sphere of influence” means an area into which a political subdivision may expand in the foreseeable future.

      7.  Intergovernmental coordination, including the establishment of guidelines for determining whether local master plans and facilities plans conform with the comprehensive regional plan.

      8.  Any utility project required to be reported pursuant to NRS 278.145.

      Sec. 6.  (Deleted by amendment.)

      Sec. 7.  NRS 278.160 is hereby amended to read as follows:

      278.160  1.  Except as otherwise provided in subsection 4 of NRS 278.150 and subsection 3 of NRS 278.170, the master plan, with the accompanying charts, drawings, diagrams, schedules and reports, may include such of the following subject matter or portions thereof as are appropriate to the city, county or region, and as may be made the basis for the physical development thereof:

      (a) Community design. Standards and principles governing the subdivision of land and suggestive patterns for community design and development.

      (b) Conservation plan. For the conservation, development and utilization of natural resources, including, without limitation, water and its hydraulic force, underground water, water supply, solar or wind energy, forests, soils, rivers and other waters, harbors, fisheries, wildlife, minerals and other natural resources. The plan must also cover the reclamation of land and waters, flood control, prevention and control of the pollution of streams and other waters, regulation of the use of land in stream channels and other areas required for the accomplishment of the conservation plan, prevention, control and correction of the erosion of soils through proper clearing, grading and landscaping, beaches and shores, and protection of watersheds. The plan must also indicate the maximum tolerable level of air pollution.

      (c) Economic plan. Showing recommended schedules for the allocation and expenditure of public money in order to provide for the economical and timely execution of the various components of the plan.

      (d) Historic neighborhood preservation plan. The plan:

            (1) Must include, without limitation:

                  (I)  A plan to inventory historic neighborhoods.

                  (II) A statement of goals and methods to encourage the preservation of historic neighborhoods.

            (2) May include, without limitation, the creation of a commission to monitor and promote the preservation of historic neighborhoods.

      (e) Historical properties preservation plan. An inventory of significant historical, archaeological and architectural properties as defined by a city, county or region, and a statement of methods to encourage the preservation of those properties.

      [(e)] (f) Housing plan. The housing plan must include, without limitation:

            (1) An inventory of housing conditions, needs and plans and procedures for improving housing standards and for providing adequate housing to individuals and families in the community, regardless of income level.

            (2) An inventory of existing affordable housing in the community, including, without limitation, housing that is available to rent or own, housing that is subsidized either directly or indirectly by this State, an agency or political subdivision of this State, or the Federal Government or an agency of the Federal Government, and housing that is accessible to persons with disabilities.

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2762 (Chapter 481, AB 304)ê

 

or political subdivision of this State, or the Federal Government or an agency of the Federal Government, and housing that is accessible to persons with disabilities.

            (3) An analysis of projected growth and the demographic characteristics of the community.

            (4) A determination of the present and prospective need for affordable housing in the community.

            (5) An analysis of any impediments to the development of affordable housing and the development of policies to mitigate those impediments.

            (6) An analysis of the characteristics of the land that is suitable for residential development. The analysis must include, without limitation:

                  (I) A determination of whether the existing infrastructure is sufficient to sustain the current needs and projected growth of the community; and

                  (II) An inventory of available parcels that are suitable for residential development and any zoning, environmental and other land-use planning restrictions that affect such parcels.

            (7) An analysis of the needs and appropriate methods for the construction of affordable housing or the conversion or rehabilitation of existing housing to affordable housing.

            (8) A plan for maintaining and developing affordable housing to meet the housing needs of the community for a period of at least 5 years.

      [(f)] (g) Land use plan. An inventory and classification of types of natural land and of existing land cover and uses, and comprehensive plans for the most desirable utilization of land. The land use plan:

            (1) Must address, if applicable:

                  (I) Mixed-use development, transit-oriented development, master-planned communities and gaming enterprise districts; and

                  (II) The coordination and compatibility of land uses with any military installation in the city, county or region, taking into account the location, purpose and stated mission of the military installation.

            (2) May include a provision concerning the acquisition and use of land that is under federal management within the city, county or region, including, without limitation, a plan or statement of policy prepared pursuant to NRS 321.7355.

      [(g)] (h) Population plan. An estimate of the total population which the natural resources of the city, county or region will support on a continuing basis without unreasonable impairment.

      [(h)] (i) Public buildings. Showing locations and arrangement of civic centers and all other public buildings, including the architecture thereof and the landscape treatment of the grounds thereof.

      [(i)] (j) Public services and facilities. Showing general plans for sewage, drainage and utilities, and rights-of-way, easements and facilities therefor, including, without limitation, any utility projects required to be reported pursuant to NRS 278.145.

      [(j)] (k) Recreation plan. Showing a comprehensive system of recreation areas, including, without limitation, natural reservations, parks, parkways, trails, reserved riverbank strips, beaches, playgrounds and other recreation areas, including, when practicable, the locations and proposed development thereof.

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2763 (Chapter 481, AB 304)ê

 

      [(k)] (l) Rural neighborhoods preservation plan. In any county whose population is 400,000 or more, showing general plans to preserve the character and density of rural neighborhoods.

      [(l)] (m) Safety plan. In any county whose population is 400,000 or more, identifying potential types of natural and man-made hazards, including, without limitation, hazards from floods, landslides or fires, or resulting from the manufacture, storage, transfer or use of bulk quantities of hazardous materials. The plan may set forth policies for avoiding or minimizing the risks from those hazards.

      [(m)] (n) School facilities plan. Showing the general locations of current and future school facilities based upon information furnished by the appropriate local school district.

      [(n)] (o) Seismic safety plan. Consisting of an identification and appraisal of seismic hazards such as susceptibility to surface ruptures from faulting, to ground shaking or to ground failures.

      [(o)] (p) Solid waste disposal plan. Showing general plans for the disposal of solid waste.

      [(p)] (q) Streets and highways plan. Showing the general locations and widths of a comprehensive system of major traffic thoroughfares and other traffic ways and of streets and the recommended treatment thereof, building line setbacks, and a system of naming or numbering streets and numbering houses, with recommendations concerning proposed changes.

      [(q)] (r) Transit plan. Showing a proposed multimodal system of transit lines, including mass transit, streetcar, motorcoach and trolley coach lines, paths for bicycles and pedestrians, satellite parking and related facilities.

      [(r)] (s) Transportation plan. Showing a comprehensive transportation system, including, without limitation, locations of rights-of-way, terminals, viaducts and grade separations. The plan may also include port, harbor, aviation and related facilities.

      2.  The commission may prepare and adopt, as part of the master plan, other and additional plans and reports dealing with such other subjects as may in its judgment relate to the physical development of the city, county or region, and nothing contained in NRS 278.010 to 278.630, inclusive, prohibits the preparation and adoption of any such subject as a part of the master plan.

      Sec. 8.  (Deleted by amendment.)

      Sec. 9.  NRS 278.210 is hereby amended to read as follows:

      278.210  1.  Before adopting the master plan or any part of it in accordance with NRS 278.170, or any substantial amendment thereof, the commission shall hold at least one public hearing thereon, notice of the time and place of which must be given at least by one publication in a newspaper of general circulation in the city or county, or in the case of a regional planning commission, by one publication in a newspaper in each county within the regional district, at least 10 days before the day of the hearing.

      2.  Before a public hearing may be held pursuant to subsection 1 in a county whose population is 100,000 or more on an amendment to a master plan, including, without limitation, a gaming enterprise district, if applicable, the person who requested the proposed amendment must hold a neighborhood meeting to provide an explanation of the proposed amendment. Notice of such a meeting must be given by the person requesting the proposed amendment to:

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2764 (Chapter 481, AB 304)ê

 

      (a) Each owner, as listed on the county assessor’s records, of real property located within a radius of 750 feet of the area to which the proposed amendment pertains;

      (b) The owner, as listed on the county assessor’s records, of each of the 30 separately owned parcels nearest to the area to which the proposed amendment pertains, to the extent this notice does not duplicate the notice given pursuant to paragraph (a);

      (c) Each tenant of a mobile home park if that park is located within a radius of 750 feet of the area to which the proposed amendment pertains; and

      (d) If a military installation is located within 3,000 feet of the area to which the proposed amendment pertains, the commander of the military installation.

Ê The notice must be sent by mail at least 10 days before the neighborhood meeting and include the date, time, place and purpose of the neighborhood meeting.

      3.  Except as otherwise provided in NRS 278.225, the adoption of the master plan, or of any amendment, extension or addition thereof, must be by resolution of the commission carried by the affirmative votes of not less than two-thirds of the total membership of the commission. The resolution must refer expressly to the maps, descriptive matter and other matter intended by the commission to constitute the plan or any amendment, addition or extension thereof, and the action taken must be recorded on the map and plan and descriptive matter by the identifying signatures of the secretary and chairman of the commission.

      4.  Except as otherwise provided in NRS 278.225, no plan or map, hereafter, may have indicated thereon that it is a part of the master plan until it has been adopted as part of the master plan by the commission as herein provided for the adoption thereof, whenever changed conditions or further studies by the commission require such amendments, extension or addition.

      5.  Except as otherwise provided in this subsection, the commission shall not amend the land use plan of the master plan set forth in paragraph [(f)] (g) of subsection 1 of NRS 278.160, or any portion of such a land use plan, more than four times in a calendar year. The provisions of this subsection do not apply to:

      (a) A change in the land use designated for a particular area if the change does not affect more than 25 percent of the area; or

      (b) A minor amendment adopted pursuant to NRS 278.225.

      6.  An attested copy of any part, amendment, extension of or addition to the master plan adopted by the planning commission of any city, county or region in accordance with NRS 278.170 must be certified to the governing body of the city, county or region. The governing body of the city, county or region may authorize such certification by electronic means.

      7.  An attested copy of any part, amendment, extension of or addition to the master plan adopted by any regional planning commission must be certified to the county planning commission and to the board of county commissioners of each county within the regional district. The county planning commission and board of county commissioners may authorize such certification by electronic means.

      Secs. 10 and 11.  (Deleted by amendment.)

      Sec. 12.  NRS 278.235 is hereby amended to read as follows:

      278.235  1.  If the governing body of a city or county is required to include a housing plan in its master plan pursuant to NRS 278.150, the governing body, in carrying out the plan for maintaining and developing affordable housing to meet the housing needs of the community, which is required to be included in the housing plan pursuant to subparagraph (8) of paragraph [(e)] (f) of subsection 1 of NRS 278.160, shall adopt at least six of the following measures:

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2765 (Chapter 481, AB 304)ê

 

governing body, in carrying out the plan for maintaining and developing affordable housing to meet the housing needs of the community, which is required to be included in the housing plan pursuant to subparagraph (8) of paragraph [(e)] (f) of subsection 1 of NRS 278.160, shall adopt at least six of the following measures:

      (a) At the expense of the city or county, as applicable, subsidizing in whole or in part impact fees and fees for the issuance of building permits collected pursuant to NRS 278.580.

      (b) Selling land owned by the city or county, as applicable, to developers exclusively for the development of affordable housing at not more than 10 percent of the appraised value of the land, and requiring that any such savings, subsidy or reduction in price be passed on to the purchaser of housing in such a development. Nothing in this paragraph authorizes a city or county to obtain land pursuant to the power of eminent domain for the purposes set forth in this paragraph.

      (c) Donating land owned by the city or county to a nonprofit organization to be used for affordable housing.

      (d) Leasing land by the city or county to be used for affordable housing.

      (e) Requesting to purchase land owned by the Federal Government at a discounted price for the creation of affordable housing pursuant to the provisions of section 7(b) of the Southern Nevada Public Land Management Act of 1998, Public Law 105-263.

      (f) Establishing a trust fund for affordable housing that must be used for the acquisition, construction or rehabilitation of affordable housing.

      (g) Establishing a process that expedites the approval of plans and specifications relating to maintaining and developing affordable housing.

      (h) Providing money, support or density bonuses for affordable housing developments that are financed, wholly or in part, with low-income housing tax credits, private activity bonds or money from a governmental entity for affordable housing, including, without limitation, money received pursuant to 12 U.S.C. § 1701q and 42 U.S.C. § 8013.

      (i) Providing financial incentives or density bonuses to promote appropriate transit-oriented housing developments that would include an affordable housing component.

      (j) Offering density bonuses or other incentives to encourage the development of affordable housing.

      (k) Providing direct financial assistance to qualified applicants for the purchase or rental of affordable housing.

      (l) Providing money for supportive services necessary to enable persons with supportive housing needs to reside in affordable housing in accordance with a need for supportive housing identified in the 5-year consolidated plan adopted by the United States Department of Housing and Urban Development for the city or county pursuant to 42 U.S.C. § 12705 and described in 24 C.F.R. Part 91.

      2.  On or before January 15 of each year, the governing body shall submit to the Housing Division of the Department of Business and Industry a report, in the form prescribed by the Division, of how the measures adopted pursuant to subsection 1 assisted the city or county in maintaining and developing affordable housing to meet the needs of the community for the preceding year. The report must include an analysis of the need for affordable housing within the city or county that exists at the end of the reporting period.

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2766 (Chapter 481, AB 304)ê

 

      3.  On or before February 15 of each year, the Housing Division shall compile the reports submitted pursuant to subsection 2 and transmit the compilation to the Legislature, or the Legislative Commission if the Legislature is not in regular session.

      Sec. 13.  NRS 278.250 is hereby amended to read as follows:

      278.250  1.  For the purposes of NRS 278.010 to 278.630, inclusive, the governing body may divide the city, county or region into zoning districts of such number, shape and area as are best suited to carry out the purposes of NRS 278.010 to 278.630, inclusive. Within the zoning district, it may regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures or land.

      2.  The zoning regulations must be adopted in accordance with the master plan for land use and be designed:

      (a) To preserve the quality of air and water resources.

      (b) To promote the conservation of open space and the protection of other natural and scenic resources from unreasonable impairment.

      (c) To consider existing views and access to solar resources by studying the height of new buildings which will cast shadows on surrounding residential and commercial developments.

      (d) To reduce the consumption of energy by encouraging the use of products and materials which maximize energy efficiency in the construction of buildings.

      (e) To provide for recreational needs.

      (f) To protect life and property in areas subject to floods, landslides and other natural disasters.

      (g) To conform to the adopted population plan, if required by NRS 278.170.

      (h) To develop a timely, orderly and efficient arrangement of transportation and public facilities and services, including public access and sidewalks for pedestrians, and facilities and services for bicycles.

      (i) To ensure that the development on land is commensurate with the character and the physical limitations of the land.

      (j) To take into account the immediate and long-range financial impact of the application of particular land to particular kinds of development, and the relative suitability of the land for development.

      (k) To promote health and the general welfare.

      (l) To ensure the development of an adequate supply of housing for the community, including the development of affordable housing.

      (m) To ensure the protection of existing neighborhoods and communities, including the protection of rural preservation neighborhoods [.] and, in counties whose population is 400,000 or more, the protection of historic neighborhoods.

      (n) To promote systems which use solar or wind energy.

      (o) To foster the coordination and compatibility of land uses with any military installation in the city, county or region, taking into account the location, purpose and stated mission of the military installation.

      3.  The zoning regulations must be adopted with reasonable consideration, among other things, to the character of the area and its peculiar suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the city, county or region.

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2767 (Chapter 481, AB 304)ê

 

      4.  In exercising the powers granted in this section, the governing body may use any controls relating to land use or principles of zoning that the governing body determines to be appropriate, including, without limitation, density bonuses, inclusionary zoning and minimum density zoning.

      5.  As used in this section:

      (a) “Density bonus” means an incentive granted by a governing body to a developer of real property that authorizes the developer to build at a greater density than would otherwise be allowed under the master plan, in exchange for an agreement by the developer to perform certain functions that the governing body determines to be socially desirable, including, without limitation, developing an area to include a certain proportion of affordable housing.

      (b) “Inclusionary zoning” means a type of zoning pursuant to which a governing body requires or provides incentives to a developer who builds residential dwellings to build a certain percentage of those dwellings as affordable housing.

      (c) “Minimum density zoning” means a type of zoning pursuant to which development must be carried out at or above a certain density to maintain conformance with the master plan.

      Sec. 14.  NRS 278.4787 is hereby amended to read as follows:

      278.4787  1.  Except as otherwise provided in subsection 5, a person who proposes to divide land for transfer or development into four or more lots pursuant to NRS 278.360 to 278.460, inclusive, or chapter 278A of NRS, may, in lieu of providing for the creation of an association for a common-interest community, request the governing body of the jurisdiction in which the land is located to assume the maintenance of one or more of the following improvements located on the land:

      (a) Landscaping;

      (b) Public lighting;

      (c) Security walls; and

      (d) Trails, parks and open space which provide a substantial public benefit or which are required by the governing body for the primary use of the public.

      2.  A governing body shall establish by ordinance a procedure pursuant to which a request may be submitted pursuant to subsection 1 in the form of a petition, which must be signed by a majority of the owners whose property will be assessed and which must set forth descriptions of all tracts of land or residential units that would be subject to such an assessment.

      3.  The governing body may by ordinance designate a person to approve or disapprove a petition submitted pursuant to this section. If the governing body adopts such an ordinance, the ordinance must provide, without limitation:

      (a) Procedures pursuant to which the petition must be reviewed to determine whether it would be desirable for the governing body to assume the maintenance of the proposed improvements.

      (b) Procedures for the establishment of a maintenance district or unit of assessment.

      (c) A method for:

            (1) Determining the relative proportions in which the assumption of the maintenance of the proposed improvements by the governing body will:

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2768 (Chapter 481, AB 304)ê

 

                  (I) Benefit the development or subdivision in which the improvements are located; and

                  (II) Benefit the public;

            (2) Assessing the tracts of land or residential units in the development or subdivision to pay the costs that will be incurred by the governing body in assuming the maintenance of the proposed improvements, in the proportion that such maintenance will benefit the development or subdivision in which the improvements are located; and

            (3) Allocating an amount of public money to pay the costs that will be incurred by the governing body in assuming the maintenance of the proposed improvements, in the proportion that such maintenance will benefit the public.

      (d) Procedures for a petitioner or other aggrieved person to appeal to the governing body a decision of the person designated by the governing body by ordinance adopted pursuant to this subsection to approve or disapprove a petition.

      4.  If the governing body does not designate by an ordinance adopted pursuant to subsection 3 a person to approve or disapprove a petition, the governing body shall, after receipt of a complete petition submitted at least 120 days before the approval of the final map for the land, hold a public hearing at least 90 days before the approval of the final map for the land, unless otherwise waived by the governing body, to determine the desirability of assuming the maintenance of the proposed improvements. If the governing body determines that it would be undesirable for the governing body to assume the maintenance of the proposed improvements, the governing body shall specify for the record its reasons for that determination. If the governing body determines that it would be desirable for the governing body to assume the maintenance of the proposed improvements, the governing body shall by ordinance:

      (a) Determine the relative proportions in which the assumption of the maintenance of the proposed improvements by the governing body will:

            (1) Benefit the development or subdivision in which the improvements are located; and

            (2) Benefit the public.

      (b) Create a maintenance district or unit of assessment consisting of the tracts of land or residential units set forth in the petition or include the tracts of land or residential units set forth in the petition in an existing maintenance district or unit of assessment.

      (c) Establish the method or, if the tracts or units are included within an existing maintenance district or unit of assessment, apply an existing method for determining:

            (1) The amount of an assessment to pay the costs that will be incurred by the governing body in assuming the maintenance of the proposed improvements. The amount of the assessment must be determined in accordance with the proportion to which such maintenance will benefit the development or subdivision in which the improvements are located.

            (2) The time and manner of payment of the assessment.

      (d) Provide that the assessment constitutes a lien upon the tracts of land or residential units within the maintenance district or unit of assessment. The lien must be executed, and has the same priority, as a lien for property taxes.

      (e) Prescribe the levels of maintenance to be provided.

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2769 (Chapter 481, AB 304)ê

 

      (f) Allocate to the cost of providing the maintenance the appropriate amount of public money to pay for that part of the maintenance which creates the public benefit.

      (g) Address any other matters that the governing body determines to be relevant to the maintenance of the improvements, including, without limitation, matters relating to the ownership of the improvements and the land on which the improvements are located and any exposure to liability associated with the maintenance of the improvements.

      5.  If the governing body requires an owner of land to dedicate a tract of land as a trail identified in the recreation plan of the governing body adopted pursuant to paragraph [(j)] (k) of subsection 1 of NRS 278.160, the governing body shall:

      (a) Accept ownership of the tract; and

      (b) Assume the maintenance of the tract and any other improvement located on the land that is authorized in subsection 1.

      6.  The governing body shall record, in the office of the county recorder for the county in which the tracts of land or residential units included in a petition approved pursuant to this section are located, a notice of the creation of the maintenance district or unit of assessment that is sufficient to advise the owners of the tracts of land or residential units that the tracts of land or residential units are subject to the assessment. The costs of recording the notice must be paid by the petitioner.

      7.  The provisions of this section apply retroactively to a development or subdivision with respect to which:

      (a) An agreement or agreements between the owners of tracts of land within the development or subdivision and the developer allow for the provision of services in the manner set forth in this section; or

      (b) The owners of affected tracts of land or residential units agree to dissolve the association for their common-interest community in accordance with the governing documents of the common-interest community upon approval by the governing body of a petition filed by the owners pursuant to this section.

      Sec. 15.  NRS 279.608 is hereby amended to read as follows:

      279.608  1.  If, at any time after the adoption of a redevelopment plan by the legislative body, the agency desires to take an action that will constitute a material deviation from the plan or otherwise determines that it would be necessary or desirable to amend the plan, the agency must recommend the amendment of the plan to the legislative body. An amendment may include the addition of one or more areas to any redevelopment area.

      2.  Before recommending amendment of the plan, the agency shall hold a public hearing on the proposed amendment. Notice of that hearing must be published at least 10 days before the date of hearing in a newspaper of general circulation, printed and published in the community, or, if there is none, in a newspaper selected by the agency. The notice of hearing must include a legal description of the boundaries of the area designated in the plan to be amended and a general statement of the purpose of the amendment.

      3.  In addition to the notice published pursuant to subsection 2, the agency shall cause a notice of hearing on a proposed amendment to the plan to be sent by mail at least 10 days before the date of the hearing to each owner of real property, as listed in the records of the county assessor, whom the agency determines is likely to be directly affected by the proposed amendment.

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2770 (Chapter 481, AB 304)ê

 

owner of real property, as listed in the records of the county assessor, whom the agency determines is likely to be directly affected by the proposed amendment. The notice must:

      (a) Set forth the date, time, place and purpose of the hearing and a physical description of, or a map detailing, the proposed amendment; and

      (b) Contain a brief summary of the intent of the proposed amendment.

      4.  If after the public hearing, the agency recommends substantial changes in the plan which affect the master or community plan adopted by the planning commission or the legislative body, those changes must be submitted by the agency to the planning commission for its report and recommendation. The planning commission shall give its report and recommendations to the legislative body within 30 days after the agency submitted the changes to the planning commission.

      5.  After receiving the recommendation of the agency concerning the changes in the plan, the legislative body shall hold a public hearing on the proposed amendment, notice of which must be published in a newspaper in the manner designated for notice of hearing by the agency. If after that hearing the legislative body determines that the amendments in the plan, proposed by the agency, are necessary or desirable, the legislative body shall adopt an ordinance amending the ordinance adopting the plan.

      6.  As used in this section, “material deviation” means an action that, if taken, would alter significantly one or more of the aspects of a redevelopment plan that are required to be shown in the redevelopment plan pursuant to NRS 279.572. The term includes, without limitation, the vacation of a street that is depicted in the streets and highways plan of the master plan described in paragraph [(p)] (q) of subsection 1 of NRS 278.160 which has been adopted for the community and the relocation of a public park. The term does not include the vacation of a street that is not depicted in the streets and highways plan of the master plan described in paragraph [(p)] (q) of subsection 1 of NRS 278.160 which has been adopted for the community.

      Sec. 16.  NRS 268.190 is hereby amended to read as follows:

      268.190  Except as otherwise provided by law, the city planning commission may:

      1.  Recommend and advise the city council and all other public authorities concerning:

      (a) The laying out, widening, extending, paving, parking and locating of streets, sidewalks and boulevards.

      (b) The betterment of housing and sanitary conditions, and the establishment of zones or districts within which lots or buildings may be restricted to residential use, or from which the establishment, conduct or operation of certain business, manufacturing or other enterprises may be excluded, and limiting the height, area and bulk of buildings and structures therein.

      2.  Recommend to the city council and all other public authorities plans and regulations for the future growth, development and beautification of the municipality in respect to its public and private buildings and works, streets, parks, grounds and vacant lots, which must include for each city a population plan if required by NRS 278.170 , [and] a plan for the development of affordable housing [.] and, for each city located in a county whose population is 400,000 or more, a plan to inventory and preserve historic neighborhoods.

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2771 (Chapter 481, AB 304)ê

 

      3.  Perform any other acts and things necessary or proper to carry out the provisions of NRS 268.110 to 268.220, inclusive, and in general to study and propose such measures as may be for the municipal welfare and in the interest of protecting the municipal area’s natural resources from impairment.

      Secs. 17-24.  (Deleted by amendment.)

      Sec. 25.  Section 3 of chapter 407, Statutes of Nevada 2007, at page 1782, is hereby amended to read as follows:

      Sec. 3.  [“Advisory] “ Board” means the Southern Nevada Enterprise Community [Advisory] Board created pursuant to section 8 of this act.

      Sec. 26.  Section 8 of chapter 407, Statutes of Nevada 2007, at page 1782, is hereby amended to read as follows:

      Sec. 8.  1.  The Southern Nevada Enterprise Community [Advisory] Board is hereby created.

      2.  The [Advisory] Board consists of nine members, appointed in consultation with residents of the Community, as follows:

      (a) One member of the Nevada Congressional Delegation selected from among its membership or his designee;

      (b) One member of the [Nevada Legislature who represents] Assembly and one member of the Senate who represent the Community [;] selected by the Legislative Commission;

      (c) One member of the Clark County Board of County Commissioners selected from among its membership ; [or his designee;]

      (d) One member of the Las Vegas City Council from among its membership ; [or his designee;]

      (e) One member of the North Las Vegas City Council from among its membership ; [or his designee;]

      (f) Two residents of the Community, recommended and selected [jointly by the Clark County Board of County Commissioners, the Las Vegas City Council and the North Las Vegas City Council;] by the Stop the F Street Closure, LLC; and

      (g) A representative of the private sector appointed by the Chamber of Commerce established in the Community . [; and

      (h) A representative of the nonprofit charitable, educational and religious organizations in the Community, recommended and selected jointly by the Clark County Board of County Commissioners, the Las Vegas City Council and the North Las Vegas City Council.]

      3.  Each member of the [Advisory] Board serves for a term of 3 years. A vacancy on the [Advisory] Board must be filled in the same manner as the original appointment. A member may be reappointed to the [Advisory] Board.

      4.  The members of the [Advisory] Board shall elect a Chairman and Vice Chairman by majority vote. After the initial election, the Chairman and Vice Chairman shall hold office for a term of 1 year beginning on August 1 of each year. If a vacancy occurs in the chairmanship or vice chairmanship, the members of the [Advisory] Board shall elect a Chairman or Vice Chairman, as appropriate, from among its members for the remainder of the unexpired term.

      5.  The City of [North] Las Vegas shall provide administrative support for the [Advisory] Board.

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2772 (Chapter 481, AB 304)ê

 

      Sec. 27.  Section 9 of chapter 407, Statutes of Nevada 2007, at page 1783, is hereby amended to read as follows:

      Sec. 9.  The primary purposes of the [Advisory] Board are to:

      1.  Advise the governmental entities that have members on the [Advisory] Board with respect to the Project; [and]

      2.  Identify projects that may be eligible for federal funding or funding through city and county redevelopment authorities, and request appropriations for those projects from the Clark County Board of County Commissioners, the Las Vegas City Council and the North Las Vegas City Council or the governing boards of their respective redevelopment authorities;

      3.  Carry out such additional projects as may be directed by the Legislature; and

      4.  Ensure that the needs and opinions of the residents of the Community are reflected adequately by the Project [.] and any additional projects assigned to the Board.

      Sec. 28.  Section 11 of chapter 407, Statutes of Nevada 2007, at page 1783, is hereby amended to read as follows:

      Sec. 11.  1.  On or before January 31, 2008, the [Advisory] Board shall prepare a written plan to carry out the Project to address the needs and issues of the Community.

      2.  The [Advisory] Board shall, within 120 days after preparing the written plan:

      (a) Hold at least two public hearings on the written plan, each of which must be preceded by at least 30 days’ notice within the Community; and

      (b) Approve or reject the written plan based on input from the Community received at the public hearings.

      3.  A written plan adopted by the [Advisory] Board must:

      (a) Set forth an adequate framework for carrying out the Project;

      (b) Set forth a reasonable period in which to accomplish the goals of the Project; and

      (c) Incorporate each of the required elements of the Project, as set forth in section 12 of this act.

      4.  If the [Advisory] Board rejects the written plan, the [Advisory] Board shall:

      (a) Provide to the appropriate officers of the governmental entities that have members on the [Advisory] Board a written explanation of its reasons for the rejection; and

      (b) Prepare a revised written plan and repeat the notice and hearings required by subsection 2 before approving or rejecting the revised written plan.

      5.  The Board shall revise the parameters of the Project and the written plan as necessary to ensure that it continues to address the needs of the Community.

      Sec. 29.  Section 13 of chapter 407, Statutes of Nevada 2007, at page 1784, is hereby amended to read as follows:

      Sec. 13.  The [Advisory] Board may accept any gifts, grants or donations for the purpose of preparing, developing and carrying out the Project.

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2773 (Chapter 481, AB 304)ê

 

      Sec. 30.  Section 14 of chapter 407, Statutes of Nevada 2007, at page 1784, is hereby amended to read as follows:

      Sec. 14.  On or before February 1, 2009, and every 2 years thereafter, the [Advisory] Board shall submit to the Director of the Legislative Counsel Bureau for transmission to [the 75th Session of] the Nevada Legislature a report that summarizes the activities of the [Advisory] Board . [during the period between the effective date of this act and December 31, 2008.]

      Sec. 31.  The Legislature hereby finds and declares that a general law cannot be made applicable to the purposes, objects, powers, rights, privileges, immunities, liabilities, duties and disabilities provided in section 32 of this act because of the number of atypical factors and special conditions relating thereto, including the economic and geographic diversity of the local governments of this State, the unique growth patterns occurring in Clark County, the special conditions experienced in the City of Las Vegas related to the need to revitalize specific areas of the City of Las Vegas to ensure that the residents of more densely populated urban areas are provided with a safe environment in which to live and work and the necessity to ameliorate hardships imposed on specific areas of the City of Las Vegas as a consequence of projects undertaken for the general benefit of the people of this State.

      Sec. 32.  The City of Las Vegas shall administer a funding framework for the purposes of reopening traffic on F Street under Interstate 15 in Las Vegas as follows:

      1.  The Nevada Department of Transportation shall pay the cost of clearing the project to reopen F Street through the National Environmental Policy Act process using existing funds available for this purpose. Expenditure of those funds is hereby authorized.

      2.  The City of Las Vegas shall contract to design the construction of the project to reopen F Street up to a maximum of $2.5 million, using funds from the City of Las Vegas Redevelopment Agency for this purpose. The Nevada Department of Transportation shall assist in funding any portion of the design cost exceeding $2.5 million, and the use of funds available for this purpose is hereby authorized.

      3.  The City of Las Vegas and the Nevada Department of Transportation shall work collaboratively to fund the construction of the project to reopen F Street as follows:

      (a) The City of Las Vegas shall provide $20 million of the funding for the project to reopen F Street by leveraging its share of the county special 5-cent ad valorem capital project tax to issue medium-term obligations after July 1, 2011.

      (b) To reopen F Street, the Nevada Department of Transportation shall work with the City of Las Vegas to seek other sources for the remaining portion of the construction costs based on the bridge design documents, including federal funding or additional revenue enhancements provided by the Nevada Department of Transportation. The Nevada Department of Transportation shall designate the project to reopen F Street as a high priority project for funding by any additional revenue enhancements.

      Sec. 33.  1.  This section and sections 1, 1.7 and 25 to 32, inclusive, of this act become effective upon passage and approval.

      2.  Sections 1.4 and 2 to 24, inclusive, of this act become effective on October 1, 2009.

________

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2774ê

 

CHAPTER 482, AB 493

Assembly Bill No. 493–Committee on Government Affairs

 

Joint Sponsor: Committee on Finance

 

CHAPTER 482

 

AN ACT relating to public retirement systems; requiring the Public Employees’ Retirement Board to identify and report concerning investments of money from the Public Employees’ Retirement System in certain scrutinized companies with certain business activities or connections to Iran’s petroleum sector; and providing other matters properly relating thereto.

 

[Veto Overridden. Date Filed: June 2, 2009]

 

Legislative Counsel’s Digest:

      Section 1 of this bill outlines the difficulties that the United Nations has experienced trying to control Iran’s development of nuclear weapons and weapons of mass destruction. The United Nations has passed several resolutions condemning the actions of Iran and imposing sanctions on Iran. In addition, Congress adopted the Iran Sanctions Act of 1996 which imposes an embargo and various sanctions on Iran. Because of the volatility of Iran and the sanctions imposed on that country, section 1 expresses the concern of the Nevada Legislature about investment decisions by retirement systems in this State, including the Public Employees’ Retirement System, to invest in publicly traded companies that conduct business activities with or have ties to Iran’s petroleum-energy industry and encourages such retirement systems to use reason and prudence in making such investment decisions.

      Section 13 of this bill requires the Public Employees’ Retirement Board to identify certain scrutinized companies in which the Public Employees’ Retirement System has direct holdings. Section 14 of this bill further requires the Board to prepare an annual report of investments of money from the System in those scrutinized companies. The report must be submitted to the Governor and the Legislature on or before February 1 of each year.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  The Nevada Legislature hereby finds and declares that:

      1.  In 2008, the United Nations Security Council passed Resolution 1803 reaffirming prior resolutions of the Security Council, including Resolutions 1696 (2006), 1737 (2006) and 1747 (2007), and imposing sanctions on Iran for failing to suspend its uranium-enrichment activities which may lead to the development of nuclear weapons.

      2.  Security Council Resolution 1803 notes that the Director General of the International Atomic Energy Agency (IAEA) confirmed that Iran has not established full and sustained suspension of all enrichment-related and reprocessing activities and heavy water-related projects, has not resumed its cooperation with the IAEA, has not taken the other steps called for by the IAEA Board of Governors or complied with the prior resolutions.

      3.  The United Nations Security Council voted unanimously in Resolution 1803 to continue to freeze the financial assets and restrict the travel of persons or entities supporting Iran’s proliferation sensitive nuclear activities or the development of nuclear weapon delivery and expanded the list of persons and entities subject to the freezing of assets and travel restrictions.

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2775 (Chapter 482, AB 493)ê

 

activities or the development of nuclear weapon delivery and expanded the list of persons and entities subject to the freezing of assets and travel restrictions.

      4.  The United Nations Security Council, through its resolutions, has required that nations prevent the transfer to Iran of a broad range of proliferation sensitive items and related technical and financial assistance and resources and services related to these items that could contribute to Iran’s proscribed nuclear activities or the development of nuclear weapon delivery systems.

      5.  The United Nations Security Council has also called for nations to exercise vigilance in entering into new commitments for financial support for trade with Iran, including the granting of export credits, guarantees or insurance, to their nationals or entities involved in such trade in order to avoid having such financial support contribute to proliferation sensitive nuclear activities or to the development of nuclear weapon delivery systems.

      6.  Resolution 1803 also calls for nations to exercise vigilance over the activities of financial institutions in their territories with all banks domiciled in Iran, as well as their branches and subsidiaries abroad because of their connections to proliferation sensitive nuclear activities and the development of nuclear weapon delivery systems.

      7.  In 1996, the United States Congress adopted the Iran and Libya Sanctions Act of 1996, Public Law 104-172, renewed the Act in 2001 and in 2006 renamed it the Iran Sanctions Act of 1996, Public Law 109-293.

      8.  Congress found that “[t]he efforts of the Government of Iran to acquire weapons of mass destruction and the means to deliver them and its support of acts of international terrorism endanger the national security and foreign policy interests of the United States and those countries with which the United States shares common strategic and foreign policy objectives.”

      9.  The Iran Sanctions Act of 1996 requires the President of the United States to impose certain sanctions on any person or entity who, with actual knowledge, invests $20 million or more, either in a single investment or a combination of investments of at least $5 million each, which in the aggregate equal or exceed $20 million in any 12-month period, that directly and significantly contributes to the enhancement of Iran’s ability to develop the petroleum resources of that country. 

      10.  Iran’s financial ability to pay its debts is put at risk by the embargo and sanctions of the Iran Sanctions Act of 1996.

      11.  Actions by fiduciaries of public money, including selling, redeeming, divesting or withdrawing from investments (divestiture), should be considered with the purpose of improving investment performance, and such fiduciaries must apply reason and prudence in making such decisions with consideration given to all relevant, substantive information concerning the investment.

      12.  Because of the instability of markets that are vulnerable to embargo, loan restrictions and sanctions by the United States and the international community, including the United Nations Security Council, fiduciaries should use caution and exercise restraint in investing in such markets and, applying reason and prudence, should consider divestiture from such markets.

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2776 (Chapter 482, AB 493)ê

 

      13.  The Nevada Legislature is deeply concerned about investments in publicly traded companies that conduct business activities with or have ties to Iran’s petroleum-energy industry because of the serious financial risk to the shareholders.

      14.  Retirement systems, including the Public Employees’ Retirement System, which invest money on behalf of public employees in publicly traded companies that conduct business activities with or have ties to Iran’s petroleum-energy industry must use reason and prudence in making such investments.

      15.  To protect Nevada’s assets, it is in the best interest of the State for public retirement systems in this State, including the Public Employees’ Retirement System, to use reason and prudence in deciding whether to invest or divest from publicly traded securities of entities that conduct business activities with and have ties to Iran’s petroleum-energy industry.

      16.  It is the intent of the Legislature that public retirement systems in Nevada, including the Public Employees’ Retirement System, continue to limit investments in entities that conduct business with or have ties to Iran’s petroleum-energy industry in the manner set forth in this declaration only insofar as it continues to be consistent with the foreign policy of the United States.

      Sec. 2.  Chapter 286 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 15, inclusive, of this act.

      Sec. 3.  As used in sections 3 to 15, inclusive, of this act, the words and terms defined in sections 4 to 12, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 4.  “Active business operations” means all business operations that are not inactive business operations.

      Sec. 5.  “Business operations” means investing, with actual knowledge on or after August 5, 1996, in Iran’s petroleum sector, which investment directly and significantly contributes to the enhancement of Iran’s ability to develop the petroleum resources of Iran. The term does not include the retail sale of gasoline and related consumer products.

      Sec. 6.  “Company” means any foreign sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited-liability partnership, limited-liability company, or any other foreign entity or business association, including all wholly-owned subsidiaries, majority-owned subsidiaries or parent companies or affiliates of these entities or business associations, that exist for the purpose of making a profit.

      Sec. 7.  “Direct holdings” means all publicly traded equity securities of a company that are held directly by the public fund or in an account or fund in which the public fund owns all shares or interests.

      Sec. 8.  “Inactive business operations” means the continued holding or renewal of rights to property previously operated for the purpose of generating revenues but not presently deployed for that purpose.

      Sec. 9.  “Iran” means the Islamic Republic of Iran.

      Sec. 10.  “Petroleum resources” means petroleum or natural gas.

      Sec. 11.  “Scrutinized business operations” means any active business operations that:

      1.  Are subject to or liable for sanctions under the Iran Sanctions Act of 1996, Public Law 104-172, as amended; and

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2777 (Chapter 482, AB 493)ê

 

      2.  Involve the maintenance of:

      (a) The company’s existing assets or investments in Iran; or

      (b) The deployment of new investments to Iran that meet or exceed the threshold referred to in the Iran Sanctions Act of 1996, as amended.

      Sec. 12.  “Scrutinized company” means any company engaging in scrutinized business operations.

      Sec. 13.  1.  Except as otherwise provided in section 15 of this act, the Board shall identify those scrutinized companies in which the System has direct holdings. In making the determination, the Board shall review and rely on publicly available information regarding companies with business operations in Iran, including information provided by nonprofit organizations, research firms, international organizations and governmental entities.

      2.  The Board shall create a list of all identified scrutinized companies pursuant to subsection 1.

      3.  The Board shall update the list on an annual basis with information provided and received from those entities listed in subsection 1.

      Sec. 14.  1.  Except as otherwise provided in section 15 of this act, the Board shall prepare an annual report of investments of money from the System in scrutinized companies as identified pursuant to section 13 of this act. The report must include the amount of money allocated in such investments and other data and statistics designed to explain the past and current extent to which funds from the System are invested in scrutinized companies.

      2.  The Board shall submit a copy of the report to the Governor and the Director of the Legislative Counsel Bureau for distribution to the Legislature on or before February 1 of each year which must cover all investments during the previous calendar year.

      Sec. 15.  The provisions of sections 13 and 14 of this act do not apply to:

      1.  Money invested in a defined contribution plan that is authorized by the Internal Revenue Code and administered by the Board; or

      2.  Investments in a company that is primarily engaged in:

      (a) Supplying goods or services intended to relieve human suffering in Iran; or

      (b) Promoting health, education, religious, welfare or journalistic activities in Iran.

________

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2778ê

 

CHAPTER 483, AB 24

Assembly Bill No. 24–Committee on Commerce and Labor

 

CHAPTER 483

 

AN ACT relating to industrial insurance; establishing provisions concerning a claim for a catastrophic injury; establishing provisions for the administering of such claims; and providing other matters properly relating thereto.

 

[Approved: June 9, 2009]

 

Legislative Counsel’s Digest:

      Section 12 of this bill requires the Administrator of the Division of Industrial Relations of the Department of Business and Industry to adopt regulations for the determination of injuries as catastrophic injuries. Section 15 of this bill requires an adjuster who administers a claim for a catastrophic injury to be competent and qualified. Section 15 also requires the Administrator to adopt regulations prescribing the qualifications for such an adjuster. Section 16 of this bill requires an insurer that accepts a claim for a catastrophic injury to develop a life care plan for the injured employee within 90 days after the date of the acceptance of the claim. Section 16 also requires the Administrator to adopt certain regulations concerning life care plans. Section 17 of this bill allows an insurer that has accepted a claim for a catastrophic injury to rescind or revise its determination that the injury is a catastrophic injury under certain circumstances.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Sections 1-9.  (Deleted by amendment.)

      Sec. 10.  Chapter 616A of NRS is hereby amended by adding thereto the provisions set forth as sections 11 and 12 of this act.

      Sec. 11.  “Catastrophic injury” means an injury sustained from an accident and resulting in:

      1.  The total loss of sight in one or both eyes;

      2.  The total loss of hearing in one or both ears;

      3.  The loss by separation of any arm or leg;

      4.  An injury to the head or spine which results in paralysis of the legs, the arms or both the legs and arms;

      5.  An injury to the head which results in severe cognitive impairment, as determined by a nationally recognized method of objective psychological testing;

      6.  An injury consisting of second or third degree burns on 50 percent or more of:

      (a) The body;

      (b) Both hands; or

      (c) The face;

      7.  The total loss of or significant and permanent impairment of speech; or

      8.  Any other category of injury deemed to be catastrophic as determined by the Administrator.

      Sec. 12.  The Administrator shall adopt regulations for the determination of categories of injury, other than those described in section 11 of this act, to be deemed catastrophic injuries.

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2779 (Chapter 483, AB 24)ê

 

      Sec. 13.  NRS 616A.025 is hereby amended to read as follows:

      616A.025  As used in chapters 616A to 616D, inclusive, of NRS, unless the context otherwise requires, the words and terms defined in NRS 616A.030 to 616A.360, inclusive, and section 11 of this act have the meanings ascribed to them in those sections.

      Sec. 14.  Chapter 616C of NRS is hereby amended by adding thereto the provisions set forth as sections 15, 16 and 17 of this act.

      Sec. 15.  1.  An adjuster who administers a claim for a catastrophic injury must be competent and qualified to administer such a claim.

      2.  The Administrator shall adopt regulations establishing qualifications for an adjuster to administer a claim for a catastrophic injury.

      Sec. 16.  1.  Notwithstanding any other provision of this chapter, if an insurer accepts a claim for a catastrophic injury, the insurer shall:

      (a) As soon as reasonably practicable after the date of acceptance of the claim, assign the claim to a qualified adjuster, nurse and vocational rehabilitation counselor; and

      (b) Within 90 days after the date of acceptance of the claim, develop a life care plan in consultation with the adjuster, nurse and vocational rehabilitation counselor assigned to the claim pursuant to paragraph (a).

      2.  A life care plan which is developed pursuant to subsection 1 must ensure the prompt, efficient and proper provision of medical services to the injured employee.

      3.  The Administrator shall adopt regulations to carry out the provisions of this section, including, without limitation, regulations prescribing:

      (a) The form and content of a life care plan; and

      (b) The frequency and method of communication by which the insurer shall contact the injured employee, his family members or representative.

      Sec. 17.  An insurer that has accepted a claim for a catastrophic injury may thereafter rescind or revise its original determination that the injury is a catastrophic injury if:

      1.  Medical evidence supports the rescission or revision;

      2.  The injured employee is stable and ratable; or

      3.  Other circumstances warrant such a rescission or revision.

      Sec. 18.  This act becomes effective:

      1.  Upon passage and approval for the purpose of adopting regulations; and

      2.  On October 1, 2009, for all other purposes.

________

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2780ê

 

CHAPTER 484, AB 140

Assembly Bill No. 140–Committee on Commerce and Labor

 

CHAPTER 484

 

AN ACT relating to real property; revising provisions relating to a notice of sale of real property under execution; establishing the crime of defacing a notice of sale of real property under execution or a notice of sale of real property pursuant to a trustee’s power of sale; establishing rights and duties of a purchaser of real property pursuant to a foreclosure sale and establishing rights and duties of a tenant in possession of such property; revising provisions relating to a sale of real property pursuant to a trustee’s power of sale; requiring a landlord to make certain disclosures to a prospective tenant; and providing other matters properly relating thereto.

 

[Approved: June 9, 2009]

 

Legislative Counsel’s Digest:

      Sections 2 and 7 of this bill revise existing law by requiring that a notice of sale of real property under execution or a notice of sale of real property pursuant to a trustee’s power of sale be served upon the State Board of Health if the real property is operated as a licensed health facility. Sections 2 and 6.7 of this bill require, if the sale of property is a residential foreclosure, a separate notice to be served upon any tenant or subtenant, other than the judgment debtor, in actual occupation of the real property subject to a notice of sale under execution or a notice of sale pursuant to a trustee’s power of sale to inform the tenant or subtenant that the property is subject to a notice of sale. (NRS 21.130) Sections 3 and 8 of this bill make it unlawful for a person to willfully remove or deface a notice of sale under execution or a notice of sale pursuant to a trustee’s power of sale which is posted on real property. (NRS 21.140, 107.084) Sections 4 and 6 of this bill require the purchaser of a vacant residential property at a foreclosure sale or a trustee’s sale to maintain the exterior of the property. Sections 4 and 6 also authorize the appropriate governmental entity to assess a civil penalty of up to $1,000 per day, under certain circumstances, for failure to maintain the property.

      Existing law provides that a person who holds over and continues in possession of real property that has been foreclosed after a 3-day notice to quit has been served upon him may be removed. (NRS 40.255) Section 5 of this bill provides that a tenant or subtenant, other than the person whose name appears on the mortgage or deed of trust, may be removed only after the expiration of a specified period not to exceed 60 days if the property has been sold as a residential foreclosure. Section 5 also requires the tenant or subtenant who remains in occupation of the real property to remit rent to the new owner of the property pending expiration of the specified period. Section 5 further prohibits any person from entering a record of eviction for a tenant or subtenant who vacates the property within the specified period if the property has been sold as a residential foreclosure. Finally, section 5 allows the new owner of the real property, if the property has been sold as a residential foreclosure, to negotiate a new purchase, lease or rental agreement with the tenant or subtenant in occupation of the property or to offer a payment in exchange for the tenant or subtenant vacating the property on a date earlier than the end of the specified period.

      Section 5.5 of this bill requires a landlord to file proof of service with the court of any notice required to be served before the removal of a person who holds over and continues in possession of real property after receiving a 3-day notice to quit. (NRS 40.280)

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2781 (Chapter 484, AB 140)ê

 

      Section 9 of this bill requires a landlord to disclose in writing to a prospective tenant if the property to be leased or rented is the subject of foreclosure proceedings. Section 9 also makes it a deceptive trade practice for any landlord to willfully fail to make such a disclosure.

      Section 10 of this bill amends section 3 of Assembly Bill No. 149 of this session to ensure that social security numbers are redacted from the copy of a promissory note before it is attached to a notice given before a trustee’s power of sale is carried out. (NRS 107.085)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  (Deleted by amendment.)

      Sec. 2.  NRS 21.130 is hereby amended to read as follows:

      21.130  1.  Before the sale of property on execution, notice of the sale, in addition to the notice required pursuant to NRS 21.075 and 21.076, must be given as follows:

      (a) In cases of perishable property, by posting written notice of the time and place of sale in three public places at the township or city where the sale is to take place, for such a time as may be reasonable, considering the character and condition of the property.

      (b) In case of other personal property, by posting a similar notice in three public places of the township or city where the sale is to take place, not less than 5 [nor] or more than 10 days before the sale, and, in case of sale on execution issuing out of a district court, by the publication of a copy of the notice in a newspaper, if there is one in the county, at least twice, the first publication being not less than 10 days before the date of the sale.

      (c) In case of real property, by:

            (1) Personal service upon each judgment debtor or by registered mail to the last known address of each judgment debtor [;] and, if the property of the judgment debtor is operated as a facility licensed under chapter 449 of NRS, upon the State Board of Health;

            (2) Posting a similar notice particularly describing the property, for 20 days successively, in three public places of the township or city where the property is situated and where the property is to be sold; [and]

            (3) Publishing a copy of the notice three times, once each week, for 3 successive weeks, in a newspaper, if there is one in the county. The cost of publication must not exceed the rate for legal advertising as provided in NRS 238.070. If the newspaper authorized by this section to publish the notice of sale neglects or refuses from any cause to make the publication, then the posting of notices as provided in this section shall be deemed sufficient notice. Notice of the sale of property on execution upon a judgment for any sum less than $500, exclusive of costs, must be given only by posting in three public places in the county, one of which must be the courthouse [.] ;

            (4) Recording a copy of the notice in the office of the county recorder; and

            (5) If the sale of property is a residential foreclosure, posting a copy of the notice in a conspicuous place on the property. In addition to the requirements of NRS 21.140, the notice must not be defaced or removed until the transfer of title is recorded or the property becomes occupied after completion of the sale, whichever is earlier.

      2.  If the sale of property is a residential foreclosure, the notice must include, without limitation:

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2782 (Chapter 484, AB 140)ê

 

      (a) The physical address of the property; and

      (b) The contact information of the party who is authorized to provide information relating to the foreclosure status of the property.

      3.  If the sale of property is a residential foreclosure, a separate notice must be posted in a conspicuous place on the property and mailed, with a certificate of mailing issued by the United States Postal Service or another mail delivery service, to any tenant or subtenant, if any, other than the judgment debtor, in actual occupation of the premises not later than 3 business days after the notice of the sale is given pursuant to subsection 1. The separate notice must be in substantially the following form:

 

NOTICE TO TENANTS OF THE PROPERTY

 

Foreclosure proceedings against this property have started, and a notice of sale of the property to the highest bidder has been issued.

 

You may either: (1) terminate your lease or rental agreement and move out; or (2) remain and possibly be subject to eviction proceedings under chapter 40 of the Nevada Revised Statutes. Any subtenants may also be subject to eviction proceedings.

 

Between now and the date of the sale, you may be evicted if you fail to pay rent or live up to your other obligations to the landlord.

 

After the date of the sale, you may be evicted if you fail to pay rent or live up to your other obligations to the successful bidder, in accordance with chapter 118A of the Nevada Revised Statutes.

 

Under the Nevada Revised Statutes eviction proceedings may begin against you after you have been given a notice to quit.

 

If the property is sold and you pay rent by the week or another period of time that is shorter than 1 month, you should generally receive notice after not less than the number of days in that period of time.

 

If the property is sold and you pay rent by the month or any other period of time that is 1 month or longer, you should generally receive notice at least 60 days in advance.

 

Under Nevada Revised Statutes 40.280, notice must generally be served on you pursuant to chapter 40 of the Nevada Revised Statutes and may be served by:

      (1) Delivering a copy to you personally in the presence of a witness;

      (2) If you are absent from your place of residence or usual place of business, leaving a copy with a person of suitable age and discretion at either place and mailing a copy to you at your place of residence or business; or

      (3) If your place of residence or business cannot be ascertained, or a person of suitable age or discretion cannot be found there, posting a copy in a conspicuous place on the leased property, delivering a copy to a person residing there, if a person can be found, and mailing a copy to you at the place where the leased property is.

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2783 (Chapter 484, AB 140)ê

 

If the property is sold and a landlord, successful bidder or subsequent purchaser files an eviction action against you in court, you will be served with a summons and complaint and have the opportunity to respond. Eviction actions may result in temporary evictions, permanent evictions, the awarding of damages pursuant to Nevada Revised Statutes 40.360 or some combination of those results.

 

Under the Justice Court Rules of Civil Procedure:

      (1) You will be given at least 10 days to answer a summons and complaint;

      (2) If you do not file an answer, an order evicting you by default may be obtained against you;

      (3) A hearing regarding a temporary eviction may be called as soon as 11 days after you are served with the summons and complaint; and

      (4) A hearing regarding a permanent eviction may be called as soon as 20 days after you are served with the summons and complaint.

 

      4.  The sheriff shall not conduct a sale of the property on execution or deliver the judgment debtor’s property to the judgment creditor if the judgment debtor or any other person entitled to notice has not been properly notified as required in this section and NRS 21.075 and 21.076.

      5.  As used in this section, “residential foreclosure” means the sale of a single family residence pursuant to NRS 40.430. As used in this subsection, “single family residence” means a structure that is comprised of not more than four units.

      Sec. 3.  NRS 21.140 is hereby amended to read as follows:

      21.140  1.  An officer selling without the notice prescribed by NRS 21.075, 21.076 and 21.130 forfeits $500 to the aggrieved party, in addition to his actual damages.

      2.  [A] It is unlawful for a person to willfully [taking] take down or [defacing] deface the notice posted pursuant to NRS 21.130, if done before the sale or, if the judgment is satisfied before sale, before the satisfaction of the judgment . [, forfeits] In addition to any other penalty, any person who violates this subsection shall forfeit $500 to the aggrieved party.

      Sec. 4.  Chapter 40 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Any vacant residential property purchased or acquired by a person at a foreclosure sale pursuant to NRS 40.430 must be maintained by that person in accordance with subsection 2.

      2.  In addition to complying with any other ordinance or rule as required by the applicable governmental entity, the purchaser shall care for the exterior of the property, including, without limitation:

      (a) Limiting the excessive growth of foliage which would otherwise diminish the value of that property or of the surrounding properties;

      (b) Preventing trespassers from remaining on the property;

      (c) Preventing mosquito larvae from growing in standing water; and

      (d) Preventing any other condition that creates a public nuisance.

      3.  If a person violates subsection 2, the applicable governmental entity shall mail to the last known address of the person, by certified mail, a notice:

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2784 (Chapter 484, AB 140)ê

 

      (a) Describing the violation;

      (b) Informing the person that a civil penalty may be imposed pursuant to this section unless the person acts to correct the violation within 14 days after the date of receipt of the notice and completes the correction within 30 days after the date of receipt of the notice; and

      (c) Informing the person that he may contest the allegation pursuant to subsection 4.

      4.  If a person, within 5 days after a notice is mailed to him pursuant to subsection 3, requests a hearing to contest the allegation of a violation of subsection 2, the applicable governmental entity shall apply for a hearing before a court of competent jurisdiction.

      5.  Except as otherwise provided in subsection 8, in addition to any other penalty, the applicable governmental entity may impose a civil penalty of not more than $1,000 per day for a violation of subsection 2:

      (a) Commencing on the day following the expiration of the period of time described in subsection 3; or

      (b) If the person requested a hearing pursuant to subsection 4, commencing on the day following a determination by the court in favor of the applicable governmental entity.

      6.  The applicable governmental entity may waive or extend the period of time described in subsection 3 if:

      (a) The person to whom a notice is sent pursuant to subsection 3 makes a good faith effort to correct the violation; and

      (b) The violation cannot be corrected in the period of time described in subsection 3.

      7.  Any penalty collected by the applicable governmental entity pursuant to this section must be directed to local nuisance abatement programs.

      8.  The applicable governmental entity may not assess any penalty pursuant to this section in addition to any penalty prescribed by a local ordinance. This section shall not be deemed to preempt any local ordinance.

      9.  If the applicable governmental entity assesses any penalty pursuant to this section, any lien related thereto must be recorded in the office of the county recorder.

      10.  As used in this section, “applicable governmental entity” means:

      (a) If the property is within the boundaries of a city, the governing body of the city; and

      (b) If the property is not within the boundaries of a city, the board of county commissioners of the county in which the property is located.

      Sec. 5.  NRS 40.255 is hereby amended to read as follows:

      40.255  1.  Except as otherwise provided in [subsection] subsections 2 [,] and 7, in any of the following cases, a person who holds over and continues in possession of real property or a mobile home after a 3-day written notice to quit has been served upon him [, and also upon any subtenant in actual occupation of the premises, pursuant to NRS 40.280,] may be removed as prescribed in NRS 40.290 to 40.420, inclusive:

      (a) Where the property or mobile home has been sold under an execution against him or a person under whom he claims, and the title under the sale has been perfected;

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2785 (Chapter 484, AB 140)ê

 

      (b) Where the property or mobile home has been sold upon the foreclosure of a mortgage, or under an express power of sale contained therein, executed by him or a person under whom he claims, and the title under the sale has been perfected;

      (c) Where the property or mobile home has been sold under a power of sale granted by NRS 107.080 to the trustee of a deed of trust executed by such person or a person under whom he claims, and the title under such sale has been perfected; or

      (d) Where the property or mobile home has been sold by him or a person under whom he claims, and the title under the sale has been perfected.

      2.  If the property has been sold as a residential foreclosure, a tenant or subtenant in actual occupation of the premises, other than a person whose name appears on the mortgage or deed, who holds over and continues in possession of real property or a mobile home in any of the cases described in paragraph (b) or (c) of subsection 1 may be removed as prescribed in NRS 40.290 to 40.420, inclusive, after receiving a notice of the change of ownership of the real property or mobile home and after the expiration of a notice period beginning on the date the notice was received by the tenant or subtenant and expiring:

      (a) For all periodic tenancies with a period of less than 1 month, after not less than the number of days in the period; and

      (b) For all other periodic tenancies or tenancies at will, after not less than 60 days.

      3.  During the notice period described in subsection 2:

      (a) The new owner has the rights, obligations and liabilities of the previous owner or landlord pursuant to chapter 118A of NRS under the lease or rental agreement which the previous owner or landlord entered into with the tenant or subtenant regarding the property; and

      (b) The tenant or subtenant continues to have the rights, obligations and liabilities he had pursuant to chapter 118A of NRS under the lease or rental agreement which he entered into with the previous owner or landlord regarding the property.

      4.  The notice described in subsection 2 must contain a statement:

      (a) Providing the contact information of the new owner to whom rent should be remitted;

      (b) Notifying the tenant or subtenant that the lease or rental agreement he entered into with the previous owner or landlord of the property continues in effect through the notice period described in subsection 2; and

      (c) Notifying the tenant or subtenant that failure to pay rent to the new owner or comply with any other term of the agreement or applicable law constitutes a breach of the lease or rental agreement and may result in eviction proceedings.

      5.  If the property has been sold as a residential foreclosure in any of the cases described in paragraph (b) or (c) of subsection 1, no person may enter a record of eviction for a tenant or subtenant who vacates a property during the notice period described in subsection 2.

      6.  If the property has been sold as a residential foreclosure in any of the cases described in paragraphs (b) or (c) of subsection 1, nothing in this section shall be deemed to prohibit:

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2786 (Chapter 484, AB 140)ê

 

      (a) The tenant from vacating the property at any time before the expiration of the notice period described in subsection 2 without any obligation to the new owner of a property purchased pursuant to a foreclosure sale or trustee’s sale; or

      (b) The new owner of a property purchased pursuant to a foreclosure sale or trustee’s sale from:

            (1) Negotiating a new purchase, lease or rental agreement with the tenant or subtenant; or

            (2) Offering a payment to the tenant or subtenant in exchange for vacating the premises on a date earlier than the expiration of the notice period described in subsection 2.

      7.  This section does not apply to the tenant of a mobile home lot in a mobile home park.

      8.  As used in this section, “residential foreclosure” means the sale of a single family residence pursuant to NRS 40.430 or under a power of sale granted by NRS 107.080. As used in this subsection, “single family residence” means a structure that is comprised of not more than four units.

      Sec. 5.5.  NRS 40.280 is hereby amended to read as follows:

      40.280  1.  Except as otherwise provided in NRS 40.253, the notices required by NRS 40.251 to 40.260, inclusive, may be served:

      (a) By delivering a copy to the tenant personally, in the presence of a witness;

      (b) If he is absent from his place of residence or from his usual place of business, by leaving a copy with a person of suitable age and discretion at either place and mailing a copy to the tenant at his place of residence or place of business; or

      (c) If the place of residence or business cannot be ascertained, or a person of suitable age or discretion cannot be found there, by posting a copy in a conspicuous place on the leased property, delivering a copy to a person there residing, if the person can be found, and mailing a copy to the tenant at the place where the leased property is situated.

      2.  Service upon a subtenant may be made in the same manner as provided in subsection 1.

      3.  Before an order to remove a tenant is issued pursuant to subsection 5 of NRS 40.253, a landlord shall file with the court a proof of service of any notice required by that section. Before a person may be removed as prescribed in NRS 40.290 to 40.420, inclusive, a landlord shall file with the court proof of service of any notice required pursuant to NRS 40.255. Except as otherwise provided in subsection 4, this proof must consist of:

      (a) A statement, signed by the tenant and a witness, acknowledging that the tenant received the notice on a specified date;

      (b) A certificate of mailing issued by the United States Postal Service; or

      (c) The endorsement of a sheriff, constable or other process server stating the time and manner of service.

      4.  If service of the notice was not delivered in person to a tenant whose rent is reserved by a period of 1 week or less and the tenancy has not continued for more than 45 days, proof of service must include:

      (a) A certificate of mailing issued by the United States Postal Service or by a private postal service to the landlord or his agent; or

      (b) The endorsement of a sheriff or constable stating the:

            (1) Time and date the request for service was made by the landlord or his agent;

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2787 (Chapter 484, AB 140)ê

 

            (2) Time, date and manner of the service; and

            (3) Fees paid for the service.

      Sec. 6.  Chapter 107 of NRS is hereby amended by adding thereto the provisions set forth as sections 6.3 and 6.7 of this act.

      Sec. 6.3.  1.  Any vacant residential property purchased or acquired by a person at a trustee’s sale pursuant to NRS 107.080 must be maintained by that person in accordance with subsection 2.

      2.  In addition to complying with any other ordinance or rule as required by the applicable governmental entity, the purchaser shall care for the exterior of the property, including, without limitation:

      (a) Limiting the excessive growth of foliage which would otherwise diminish the value of that property or of the surrounding properties;

      (b) Preventing trespassers from remaining on the property;

      (c) Preventing mosquito larvae from growing in standing water; and

      (d) Preventing any other condition that creates a public nuisance.

      3.  If a person violates subsection 2, the applicable governmental entity shall mail to the last known address of the person, by certified mail, a notice:

      (a) Describing the violation;

      (b) Informing the person that a civil penalty may be imposed pursuant to this section unless the person acts to correct the violation within 14 days after the date of receipt of the notice and completes the correction within 30 days after the date of receipt of the notice; and

      (c) Informing the person that he may contest the allegation pursuant to subsection 4.

      4.  If a person, within 5 days after a notice is mailed to him pursuant to subsection 3, requests a hearing to contest the allegation of a violation of subsection 2, the applicable governmental entity shall apply for a hearing before a court of competent jurisdiction.

      5.  Except as otherwise provided in subsection 8, in addition to any other penalty, the applicable governmental entity may impose a civil penalty of not more than $1,000 per day for a violation of subsection 2:

      (a) Commencing on the day following the expiration of the period of time described in subsection 3; or

      (b) If the person requested a hearing pursuant to subsection 4, commencing on the day following a determination by the court in favor of the applicable governmental entity.

      6.  The applicable governmental entity may waive or extend the period of time described in subsection 3 if:

      (a) The person to whom a notice is sent pursuant to subsection 3 makes a good faith effort to correct the violation; and

      (b) The violation cannot be corrected in the period of time described in subsection 3.

      7.  Any penalty collected by the applicable governmental entity pursuant to this section must be directed to local nuisance abatement programs.

      8.  The applicable governmental entity may not assess any penalty pursuant to this section in addition to any penalty prescribed by a local ordinance. This section shall not be deemed to preempt any local ordinance.

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2788 (Chapter 484, AB 140)ê

 

      9.  If the applicable governmental entity assesses any penalty pursuant to this section, any lien related thereto must be recorded in the office of the county recorder.

      10.  As used in this section, “applicable governmental entity” means:

      (a) If the property is within the boundaries of a city, the governing body of the city; and

      (b) If the property is not within the boundaries of a city, the board of county commissioners of the county in which the property is located.

      Sec. 6.7.  1.  In addition to the requirements of NRS 107.080, if the sale of property is a residential foreclosure, a copy of the notice of default and election to sell and the notice of sale must:

      (a) Be posted in a conspicuous place on the property not later than 3 business days after the notice of default and election to sell or the notice of sale is recorded pursuant to NRS 107.080; and

      (b) Include, without limitation:

            (1) The physical address of the property; and

            (2) The contact information of the trustee or the person conducting the foreclosure who is authorized to provide information relating to the foreclosure status of the property.

      2.  In addition to the requirements of NRS 107.084, the notices must not be defaced or removed until the transfer of title is recorded or the property becomes occupied after completion of the sale, whichever is earlier.

      3.  A separate notice must be posted in a conspicuous place on the property and mailed, with a certificate of mailing issued by the United States Postal Service or another mail delivery service, to any tenant or subtenant, if any, other than the grantor or his successor in interest, in actual occupation of the premises not later than 3 business days after the notice of the sale is given pursuant to subsection 4 of NRS 107.080. The separate notice must be in substantially the following form:

 

NOTICE TO TENANTS OF THE PROPERTY

 

Foreclosure proceedings against this property have started, and a notice of sale of the property to the highest bidder has been issued.

 

You may either: (1) terminate your lease or rental agreement and move out; or (2) remain and possibly be subject to eviction proceedings under chapter 40 of the Nevada Revised Statutes. Any subtenants may also be subject to eviction proceedings.

 

Between now and the date of the sale, you may be evicted if you fail to pay rent or live up to your other obligations to the landlord.

 

After the date of the sale, you may be evicted if you fail to pay rent or live up to your other obligations to the successful bidder, in accordance with chapter 118A of the Nevada Revised Statutes.

 

Under the Nevada Revised Statutes eviction proceedings may begin against you after you have been given a notice to quit.

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2789 (Chapter 484, AB 140)ê

 

If the property is sold and you pay rent by the week or another period of time that is shorter than 1 month, you should generally receive notice after not less than the number of days in that period of time.

 

If the property is sold and you pay rent by the month or any other period of time that is 1 month or longer, you should generally receive notice at least 60 days in advance.

 

Under Nevada Revised Statutes 40.280, notice must generally be served on you pursuant to chapter 40 of the Nevada Revised Statutes and may be served by:

      (1) Delivering a copy to you personally in the presence of a witness;

      (2) If you are absent from your place of residence or usual place of business, leaving a copy with a person of suitable age and discretion at either place and mailing a copy to you at your place of residence or business; or

      (3) If your place of residence or business cannot be ascertained, or a person of suitable age or discretion cannot be found there, posting a copy in a conspicuous place on the leased property, delivering a copy to a person residing there, if a person can be found, and mailing a copy to you at the place where the leased property is.

 

If the property is sold and a landlord, successful bidder or subsequent purchaser files an eviction action against you in court, you will be served with a summons and complaint and have the opportunity to respond. Eviction actions may result in temporary evictions, permanent evictions, the awarding of damages pursuant to Nevada Revised Statutes 40.360 or some combination of those results.

 

Under the Justice Court Rules of Civil Procedure:

      (1) You will be given at least 10 days to answer a summons and complaint;

      (2) If you do not file an answer, an order evicting you by default may be obtained against you;

      (3) A hearing regarding a temporary eviction may be called as soon as 11 days after you are served with the summons and complaint; and

      (4) A hearing regarding a permanent eviction may be called as soon as 20 days after you are served with the summons and complaint.

 

      4.  As used in this section, “residential foreclosure” has the meaning ascribed to it in NRS 107.080.

      Sec. 7.  NRS 107.080 is hereby amended to read as follows:

      107.080  1.  Except as otherwise provided in NRS 107.085, if any transfer in trust of any estate in real property is made after March 29, 1927, to secure the performance of an obligation or the payment of any debt, a power of sale is hereby conferred upon the trustee to be exercised after a breach of the obligation for which the transfer is security.

      2.  The power of sale must not be exercised, however, until:

      (a) In the case of any trust agreement coming into force:

            (1) On or after July 1, 1949, and before July 1, 1957, the grantor, or his successor in interest, a beneficiary under a subordinate deed of trust or any other person who has a subordinate lien or encumbrance of record on the property, has for a period of 15 days, computed as prescribed in subsection 3, failed to make good the deficiency in performance or payment; or

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2790 (Chapter 484, AB 140)ê

 

property, has for a period of 15 days, computed as prescribed in subsection 3, failed to make good the deficiency in performance or payment; or

            (2) On or after July 1, 1957, the grantor, or his successor in interest, a beneficiary under a subordinate deed of trust or any other person who has a subordinate lien or encumbrance of record on the property, has for a period of 35 days, computed as prescribed in subsection 3, failed to make good the deficiency in performance or payment;

      (b) The beneficiary, the successor in interest of the beneficiary or the trustee first executes and causes to be recorded in the office of the recorder of the county wherein the trust property, or some part thereof, is situated a notice of the breach and of his election to sell or cause to be sold the property to satisfy the obligation; and

      (c) Not less than 3 months have elapsed after the recording of the notice.

      3.  The 15- or 35-day period provided in paragraph (a) of subsection 2 commences on the first day following the day upon which the notice of default and election to sell is recorded in the office of the county recorder of the county in which the property is located and a copy of the notice of default and election to sell is mailed by registered or certified mail, return receipt requested and with postage prepaid to the grantor, [and] to the person who holds the title of record on the date the notice of default and election to sell is recorded [,] and, if the property is operated as a facility licensed under chapter 449 of NRS, to the State Board of Health, at their respective addresses, if known, otherwise to the address of the trust property. The notice of default and election to sell must [describe] :

      (a) Describe the deficiency in performance or payment and may contain a notice of intent to declare the entire unpaid balance due if acceleration is permitted by the obligation secured by the deed of trust, but acceleration must not occur if the deficiency in performance or payment is made good and any costs, fees and expenses incident to the preparation or recordation of the notice and incident to the making good of the deficiency in performance or payment are paid within the time specified in subsection 2 [.] ; and

      (b) If the property is a residential foreclosure, comply with the provisions of section 6.7 of this act.

      4.  The trustee, or other person authorized to make the sale under the terms of the trust deed or transfer in trust, shall, after expiration of the 3-month period following the recording of the notice of breach and election to sell, and before the making of the sale, give notice of the time and place thereof by recording the notice of sale and by:

      (a) Providing the notice to each trustor , [and] any other person entitled to notice pursuant to this section and, if the property is operated as a facility licensed under chapter 449 of NRS, the State Board of Health, by personal service or by mailing the notice by registered or certified mail to the last known address of the trustor and any other person entitled to such notice pursuant to this section;

      (b) Posting a similar notice particularly describing the property, for 20 days successively, in three public places of the township or city where the property is situated and where the property is to be sold; [and]

      (c) Publishing a copy of the notice three times, once each week for 3 consecutive weeks, in a newspaper of general circulation in the county where the property is situated [.] ; and

      (d) If the property is a residential foreclosure, complying with the provisions of section 6.7 of this act.

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2791 (Chapter 484, AB 140)ê

 

      5.  Every sale made under the provisions of this section and other sections of this chapter vests in the purchaser the title of the grantor and his successors in interest without equity or right of redemption. A sale made pursuant to this section may be declared void by any court of competent jurisdiction in the county where the sale took place if:

      (a) The trustee or other person authorized to make the sale does not substantially comply with the provisions of this section [;] or any applicable provision of section 6.7 of this act;

      (b) Except as otherwise provided in subsection 6, an action is commenced in the county where the sale took place within 90 days after the date of the sale; and

      (c) A notice of lis pendens providing notice of the pendency of the action is recorded in the office of the county recorder of the county where the sale took place within 30 days after commencement of the action.

      6.  If proper notice is not provided pursuant to subsection 3 or paragraph (a) of subsection 4 to the grantor, to the person who holds the title of record on the date the notice of default and election to sell is recorded, to each trustor or to any other person entitled to such notice, the person who did not receive such proper notice may commence an action pursuant to subsection 5 within 120 days after the date on which the person received actual notice of the sale.

      7.  The sale of a lease of a dwelling unit of a cooperative housing corporation vests in the purchaser title to the shares in the corporation which accompany the lease.

      8.  As used in this section, “residential foreclosure” means the sale of a single family residence under a power of sale granted by this section. As used in this subsection, “single family residence”:

      (a) Means a structure that is comprised of not more than four units.

      (b) Does not include any time share or other property regulated under chapter 119A of NRS.

      Sec. 8.  NRS 107.084 is hereby amended to read as follows:

      107.084  [A] It is unlawful for a person [who] to willfully [removes] remove or [defaces] deface a notice posted pursuant to subsection 4 of NRS 107.080, if done before the sale or, if the default is satisfied before the sale, before the satisfaction of the default . [,] In addition to any other penalty, any person who violates this section is liable in the amount of $500 to any person aggrieved by the removal or defacing of the notice.

      Sec. 9.  Chapter 118A of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A landlord shall disclose in writing to a prospective tenant if the property to be leased or rented is the subject of any foreclosure proceedings.

      2.  A willful violation of subsection 1 constitutes a deceptive trade practice for the purposes of NRS 598.0903 to 598.0999, inclusive.

      Sec. 10.  Section 3 of Assembly Bill No. 149 of this session is hereby amended to read as follows:

      Sec. 3.  NRS 107.085 is hereby amended to read as follows:

      107.085  1.  With regard to a transfer in trust of an estate in real property to secure the performance of an obligation or the payment of a debt, the provisions of this section apply to the exercise of a power of sale pursuant to NRS 107.080 only if:

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2792 (Chapter 484, AB 140)ê

 

      (a) The trust agreement becomes effective on or after October 1, 2003 [; and

      (b) On] , and, on the date the trust agreement is made, the trust agreement is subject to the provisions of § 152 of the Home Ownership and Equity Protection Act of 1994, 15 U.S.C. § 1602(aa), and the regulations adopted by the Board of Governors of the Federal Reserve System pursuant thereto, including, without limitation, 12 C.F.R. § 226.32 [.] ; or

      (b) The trust agreement concerns owner-occupied housing as defined in section 1 of this act.

      2.  The trustee shall not exercise a power of sale pursuant to NRS 107.080 unless:

      (a) In the manner required by subsection 3, not later than 60 days before the date of the sale, the trustee causes to be served upon the grantor or the person who holds the title of record a notice in the form described in subsection 3; and

      (b) If an action is filed in a court of competent jurisdiction claiming an unfair lending practice in connection with the trust agreement, the date of the sale is not less than 30 days after the date the most recent such action is filed.

      3.  The notice described in subsection 2 must be:

      (a) Served upon the grantor or the person who holds the title of record:

            (1) Except as otherwise provided in subparagraph (2), by personal service or, if personal service cannot be timely effected, in such other manner as a court determines is reasonably calculated to afford notice to the grantor [;] or the person who holds the title of record; or

            (2) If the trust agreement concerns owner-occupied housing as defined in section 1 of this act:

                  (I) By personal service;

                  (II) If the grantor or the person who holds the title of record is absent from his place of residence or from his usual place of business, by leaving a copy with a person of suitable age and discretion at either place and mailing a copy to the grantor or the person who holds the title of record at his place of residence or place of business; or

                  (III) If the place of residence or business cannot be ascertained, or a person of suitable age or discretion cannot be found there, by posting a copy in a conspicuous place on the trust property, delivering a copy to a person there residing if the person can be found and mailing a copy to the grantor or the person who holds the title of record at the place where the trust property is situated; and

      (b) In substantially the following form, with the applicable telephone numbers and mailing addresses provided on the notice and , except as otherwise provided in subsection 4, a copy of the promissory note attached to the notice:

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2793 (Chapter 484, AB 140)ê

 

NOTICE

YOU ARE IN DANGER OF LOSING YOUR HOME!

 

Your home loan is being foreclosed. In not less than 60 days your home will be sold and you will be forced to move. For help, call:

 

Consumer Credit Counseling _______________

The Attorney General __________________

The Division of Financial Institutions ________________

Legal Services ______________________

Your Lender ___________________

Nevada Fair Housing Center ________________

 

      4.  The trustee shall cause all social security numbers to be redacted from the copy of the promissory note before it is attached to the notice pursuant to paragraph (b) of subsection 3.

      5.  This section does not prohibit a judicial foreclosure.

      6.  As used in this section, “unfair lending practice” means an unfair lending practice described in NRS 598D.010 to 598D.150, inclusive.

      Sec. 11.  1.  This section and section 10 of this act become effective on July 1, 2009.

      2.  Sections 1 to 9, inclusive of this act become effective on October 1, 2009.

________

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2794ê

 

CHAPTER 485, AB 350

Assembly Bill No. 350–Assemblymen Munford, Kihuen, Segerblom; Aizley, Anderson, Claborn, Denis, Gansert, Hogan, McClain, Mortenson, Pierce, Settelmeyer and Stewart

 

CHAPTER 485

 

AN ACT relating to real property; revising provisions relating to costs of collection, interest on certain past due assessments and copies of certain documents; providing that punitive damages may not be awarded against the members of the executive board or the officers of an association under certain circumstances; establishing certain standards for management agreements; establishing the duties, responsibilities and standards of practice for community managers; making various other changes relating to common-interest communities; revising provisions relating to swimming pools; and providing other matters properly relating thereto.

 

[Approved: June 9, 2009]

 

Legislative Counsel’s Digest:

      Section 1.7 of this bill authorizes an association to charge reasonable fees for costs associated with collecting any past due obligation. Section 3.5 of this bill provides that in addition to complying with the business-judgment rule, officers and members of the executive board of an association are required to act on an informed basis, in good faith and in the honest belief that their actions are in the best interest of the association. (NRS 116.3103)

      Existing law authorizes an executive board to impose fines for certain violations of the governing documents and to assess interest on any unpaid fines at a rate established by the association, not to exceed the legal rate per annum. (NRS 116.31031) Section 4.5 of this bill eliminates the authority to charge interest on any past due fines.

      Existing law provides that: (1) punitive damages may not be recovered against an association, but may be recovered against persons whose activity gave rise to the damages; and (2) punitive damages may be awarded for a willful and material failure to comply with any provision of chapter 116 of NRS. (NRS 116.31036, 116.4117) Sections 5.5 and 16.5 of this bill provide that punitive damages may not be recovered against the members of the executive board or the officers of an association for acts or omissions that occur in their capacity as members or officers.

      Existing law provides that any past due assessment for common expenses or installment thereof bears interest at the rate established by the association, which must not exceed 18 percent per year. Section 9 of this bill provides that the association may charge the prime rate plus 2 percent on such a past due assessment, beginning when the assessment is 60 days past due.

      Sections 6.5 and 7.5 of this bill provide that: (1) a unit’s owner may receive a copy or summary of the minutes of a meeting of the units’ owners or executive board in electronic format at no cost to the unit’s owner or, if the association is unable to provide a copy or summary in electronic format, in paper format at a cost not to exceed 25 cents per page for the first 10 pages, and at 10 cents per page thereafter; and (2) a meeting of the executive board must be held at a time other than during normal business hours at least twice per year. (NRS 116.3108, 116.31083)

      Section 10.5 of this bill requires the budget of an association to be available for review at a location not to exceed 60 miles from the common-interest community. (NRS 116.31151) Section 12.2 of this bill also requires the books, records and other papers of an association to be available for review at the business office of the association or a location not to exceed 60 miles from the common-interest community. (NRS 116.31175)

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2795 (Chapter 485, AB 350)ê

 

      Section 12.5 of this bill provides that if a unit’s owner is the subject of retaliatory action based on certain complaints or requests, he may bring an action to recover compensatory damages and attorney’s fees and costs. (NRS 116.31183)

      Sections 13.7 and 15.5 of this bill require a public offering or a resale package to include a statement listing all current and expected fees for each unit. (NRS 116.4103, 116.4109)

      Section 19.3 of this bill establishes the requirements concerning the disclosures that a community manager must make before entering into a management agreement and incorporates into statute the existing requirements contained in the Nevada Administrative Code. (NAC 116.310)

      Section 19.4 of this bill sets forth the requirements of a management agreement and incorporates into statute the existing requirements contained in the Nevada Administrative Code. (NAC 116.305)

      Section 19.5 of this bill sets forth the responsibilities and duties of a community manager, incorporates into statute many of the existing provisions of the Nevada Administrative Code and adds certain new responsibilities and duties. (NAC 116.300) Section 19.5 also provides that a community manager acts as a fiduciary at all times and must exercise ordinary and reasonable care in performing his duties.

      Section 19.6 of this bill incorporates into statute many of the existing provisions of the Nevada Administrative Code pertaining to standards of practice for community managers and conduct warranting disciplinary action and establishes certain new requirements, such as provisions governing the acceptance of any compensation, gift or any other item of material value by the community manager. (NAC 116.341)

      Section 21.3 of this bill exempts privately owned swimming pools used only by members of a private club from the definition of “public swimming pool” for purposes of supervision by the Health Authority.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Sections 1 and 1.5.  (Deleted by amendment.)

      Sec. 1.7.  Chapter 116 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  An association may charge a unit’s owner reasonable fees to cover the costs of collecting any past due obligation. The Commission shall adopt regulations establishing the amount of the fees that an association may charge pursuant to this section.

      2.  The provisions of this section apply to any costs of collecting a past due obligation charged to a unit’s owner, regardless of whether the past due obligation is collected by the association itself or by any person acting on behalf of the association, including, without limitation, an officer or employee of the association, a community manager or a collection agency.

      3.  As used in this section:

      (a) “Costs of collecting” includes any fee, charge or cost, by whatever name, including, without limitation, any collection fee, filing fee, recording fee, fee related to the preparation, recording or delivery of a lien or lien rescission, title search lien fee, bankruptcy search fee, referral fee, fee for postage or delivery and any other fee or cost that an association charges a unit’s owner for the investigation, enforcement or collection of a past due obligation. The term does not include any costs incurred by an association if a lawsuit is filed to enforce any past due obligation or any costs awarded by a court.

      (b) “Obligation” means any assessment, fine, construction penalty, fee, charge or interest levied or imposed against a unit’s owner pursuant to any provision of this chapter or the governing documents.

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2796 (Chapter 485, AB 350)ê

 

      Sec. 2.  (Deleted by amendment.)

      Sec. 2.5.  NRS 116.3102 is hereby amended to read as follows:

      116.3102  1.  Except as otherwise provided in subsection 2, and subject to the provisions of the declaration, the association may do any or all of the following:

      (a) Adopt and amend bylaws, rules and regulations.

      (b) Adopt and amend budgets for revenues, expenditures and reserves and collect assessments for common expenses from the units’ owners.

      (c) Hire and discharge managing agents and other employees, agents and independent contractors.

      (d) Institute, defend or intervene in litigation or administrative proceedings in its own name on behalf of itself or two or more units’ owners on matters affecting the common-interest community.

      (e) Make contracts and incur liabilities.

      (f) Regulate the use, maintenance, repair, replacement and modification of common elements.

      (g) Cause additional improvements to be made as a part of the common elements.

      (h) Acquire, hold, encumber and convey in its own name any right, title or interest to real estate or personal property, but:

            (1) Common elements in a condominium or planned community may be conveyed or subjected to a security interest only pursuant to NRS 116.3112; and

            (2) Part of a cooperative may be conveyed, or all or part of a cooperative may be subjected to a security interest, only pursuant to NRS 116.3112.

      (i) Grant easements, leases, licenses and concessions through or over the common elements.

      (j) Impose and receive any payments, fees or charges for the use, rental or operation of the common elements, other than limited common elements described in subsections 2 and 4 of NRS 116.2102, and for services provided to the units’ owners.

      (k) Impose charges for late payment of assessments [.] pursuant to NRS 116.3115.

      (l) Impose construction penalties when authorized pursuant to NRS 116.310305.

      (m) Impose reasonable fines for violations of the governing documents of the association only if the association complies with the requirements set forth in NRS 116.31031.

      (n) Impose reasonable charges for the preparation and recordation of any amendments to the declaration or any statements of unpaid assessments, and impose reasonable fees, not to exceed the amounts authorized by NRS 116.4109, for preparing and furnishing the documents and certificate required by that section.

      (o) Provide for the indemnification of its officers and executive board and maintain directors’ and officers’ liability insurance.

      (p) Assign its right to future income, including the right to receive assessments for common expenses, but only to the extent the declaration expressly so provides.

      (q) Exercise any other powers conferred by the declaration or bylaws.

      (r) Exercise all other powers that may be exercised in this State by legal entities of the same type as the association.

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2797 (Chapter 485, AB 350)ê

 

      (s) Direct the removal of vehicles improperly parked on property owned or leased by the association, as authorized pursuant to NRS 487.038, or improperly parked on any road, street, alley or other thoroughfare within the common-interest community in violation of the governing documents. In addition to complying with the requirements of NRS 487.038 and any requirements in the governing documents, if a vehicle is improperly parked as described in this paragraph, the association must post written notice in a conspicuous place on the vehicle or provide oral or written notice to the owner or operator of the vehicle at least 48 hours before the association may direct the removal of the vehicle, unless the vehicle:

            (1) Is blocking a fire hydrant, fire lane or parking space designated for the handicapped; or

            (2) Poses an imminent threat of causing a substantial adverse effect on the health, safety or welfare of the units’ owners or residents of the common-interest community.

      (t) Exercise any other powers necessary and proper for the governance and operation of the association.

      2.  The declaration may not impose limitations on the power of the association to deal with the declarant which are more restrictive than the limitations imposed on the power of the association to deal with other persons.

      Sec. 3.  (Deleted by amendment.)

      Sec. 3.5.  NRS 116.3103 is hereby amended to read as follows:

      116.3103  1.  Except as otherwise provided in the declaration, the bylaws, this section or other provisions of this chapter, the executive board may act in all instances on behalf of the association. In the performance of their duties, the officers and members of the executive board are fiduciaries [.] and shall act on an informed basis, in good faith and in the honest belief that their actions are in the best interest of the association. The members of the executive board are required to exercise the ordinary and reasonable care of directors of a corporation, subject to the business-judgment rule.

      2.  The executive board may not act on behalf of the association to amend the declaration, to terminate the common-interest community, or to elect members of the executive board or determine their qualifications, powers and duties or terms of office, but the executive board may fill vacancies in its membership for the unexpired portion of any term.

      Sec. 4.  (Deleted by amendment.)

      Sec. 4.5.  NRS 116.31031 is hereby amended to read as follows:

      116.31031  1.  Except as otherwise provided in this section, if a unit’s owner or a tenant or guest of a unit’s owner violates any provision of the governing documents of an association, the executive board may, if the governing documents so provide:

      (a) Prohibit, for a reasonable time, the unit’s owner or the tenant or guest of the unit’s owner from:

            (1) Voting on matters related to the common-interest community.

            (2) Using the common elements. The provisions of this subparagraph do not prohibit the unit’s owner or the tenant or guest of the unit’s owner from using any vehicular or pedestrian ingress or egress to go to or from the unit, including any area used for parking.

      (b) Impose a fine against the unit’s owner or the tenant or guest of the unit’s owner for each violation, except that a fine may not be imposed for a violation that is the subject of a construction penalty pursuant to NRS 116.310305.

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2798 (Chapter 485, AB 350)ê

 

violation that is the subject of a construction penalty pursuant to NRS 116.310305. If the violation poses an imminent threat of causing a substantial adverse effect on the health, safety or welfare of the units’ owners or residents of the common-interest community, the amount of the fine must be commensurate with the severity of the violation and must be determined by the executive board in accordance with the governing documents. If the violation does not pose an imminent threat of causing a substantial adverse effect on the health, safety or welfare of the units’ owners or residents of the common-interest community, the amount of the fine must be commensurate with the severity of the violation and must be determined by the executive board in accordance with the governing documents, but the amount of the fine must not exceed $100 for each violation or a total amount of $1,000, whichever is less. The limitations on the amount of the fine do not apply to any [interest,] charges or costs that may be collected by the association pursuant to this section if the fine becomes past due.

      2.  The executive board may not impose a fine pursuant to subsection 1 unless:

      (a) Not less than 30 days before the violation, the person against whom the fine will be imposed had been provided with written notice of the applicable provisions of the governing documents that form the basis of the violation; and

      (b) Within a reasonable time after the discovery of the violation, the person against whom the fine will be imposed has been provided with:

            (1) Written notice specifying the details of the violation, the amount of the fine, and the date, time and location for a hearing on the violation; and

            (2) A reasonable opportunity to contest the violation at the hearing.

      3.  The executive board must schedule the date, time and location for the hearing on the violation so that the person against whom the fine will be imposed is provided with a reasonable opportunity to prepare for the hearing and to be present at the hearing.

      4.  The executive board must hold a hearing before it may impose the fine, unless the person against whom the fine will be imposed:

      (a) Pays the fine;

      (b) Executes a written waiver of the right to the hearing; or

      (c) Fails to appear at the hearing after being provided with proper notice of the hearing.

      5.  If a fine is imposed pursuant to subsection 1 and the violation is not cured within 14 days, or within any longer period that may be established by the executive board, the violation shall be deemed a continuing violation. Thereafter, the executive board may impose an additional fine for the violation for each 7-day period or portion thereof that the violation is not cured. Any additional fine may be imposed without notice and an opportunity to be heard.

      6.  If the governing documents so provide, the executive board may appoint a committee, with not less than three members, to conduct hearings on violations and to impose fines pursuant to this section. While acting on behalf of the executive board for those limited purposes, the committee and its members are entitled to all privileges and immunities and are subject to all duties and requirements of the executive board and its members.

      7.  The provisions of this section establish the minimum procedural requirements that the executive board must follow before it may impose a fine.

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2799 (Chapter 485, AB 350)ê

 

fine. The provisions of this section do not preempt any provisions of the governing documents that provide greater procedural protections.

      8.  Any past due fine [:

      (a) Bears interest at the rate established by the association, not to exceed the legal rate per annum.

      (b) May include any costs of collecting the past due fine at a rate established by the association. If the past due fine is for a violation that does not threaten the health, safety or welfare of the residents of the common-interest community, the rate established by the association for the costs of collecting the past due fine:

            (1) May not exceed $20, if the outstanding balance is less than $200.

            (2) May not exceed $50, if the outstanding balance is $200 or more, but is less than $500.

            (3) May not exceed $100, if the outstanding balance is $500 or more, but is less than $1,000.

            (4) May not exceed $250, if the outstanding balance is $1,000 or more, but is less than $5,000.

            (5) May not exceed $500, if the outstanding balance is $5,000 or more.

      (c) May] must not bear interest, but may include any costs incurred by the association during a civil action to enforce the payment of the past due fine.

      [9.  As used in this section:

      (a) “Costs of collecting” includes, without limitation, any collection fee, filing fee, recording fee, referral fee, fee for postage or delivery, and any other fee or cost that an association may reasonably charge to the unit’s owner for the collection of a past due fine. The term does not include any costs incurred by an association during a civil action to enforce the payment of a past due fine.

      (b) “Outstanding balance” means the amount of a past due fine that remains unpaid before any interest, charges for late payment or costs of collecting the past due fine are added.]

      Sec. 5.  (Deleted by amendment.)

      Sec. 5.5.  NRS 116.31036 is hereby amended to read as follows:

      116.31036  1.  Notwithstanding any provision of the declaration or bylaws to the contrary, any member of the executive board, other than a member appointed by the declarant, may be removed from the executive board, with or without cause, if at a removal election held pursuant to this section the number of votes cast in favor of removal constitutes:

      (a) At least 35 percent of the total number of voting members of the association; and

      (b) At least a majority of all votes cast in that removal election.

      2.  The removal of any member of the executive board must be conducted by secret written ballot unless the declaration of the association provides that voting rights may be exercised by delegates or representatives as set forth in NRS 116.31105. If the removal of a member of the executive board is conducted by secret written ballot:

      (a) The secretary or other officer specified in the bylaws of the association shall cause a secret ballot and a return envelope to be sent, prepaid by United States mail, to the mailing address of each unit within the common-interest community or to any other mailing address designated in writing by the unit’s owner.

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2800 (Chapter 485, AB 350)ê

 

      (b) Each unit’s owner must be provided with at least 15 days after the date the secret written ballot is mailed to the unit’s owner to return the secret written ballot to the association.

      (c) Only the secret written ballots that are returned to the association may be counted to determine the outcome.

      (d) The secret written ballots must be opened and counted at a meeting of the association. A quorum is not required to be present when the secret written ballots are opened and counted at the meeting.

      (e) The incumbent members of the executive board, including, without limitation, the member who is subject to the removal, may not possess, be given access to or participate in the opening or counting of the secret written ballots that are returned to the association before those secret written ballots have been opened and counted at a meeting of the association.

      3.  If a member of an executive board is named as a respondent or sued for liability for actions undertaken in his role as a member of the board, the association shall indemnify him for his losses or claims, and undertake all costs of defense, unless it is proven that he acted with willful or wanton misfeasance or with gross negligence. After such proof, the association is no longer liable for the cost of defense, and may recover costs already expended from the member of the executive board who so acted. Members of the executive board are not personally liable to the victims of crimes occurring on the property. Punitive damages may not be recovered against [the] :

      (a) The association [, but may be recovered from persons whose activity gave rise to the damages.] ;

      (b) The members of the executive board for acts or omissions that occur in their capacity as members of the executive board; or

      (c) The officers of the association for acts or omissions that occur in their capacity as officers of the association.

      4.  The provisions of this section do not prohibit the Commission from taking any disciplinary action against a member of an executive board pursuant to NRS 116.745 to 116.795, inclusive.

      Sec. 6.  (Deleted by amendment.)

      Sec. 6.5.  NRS 116.3108 is hereby amended to read as follows:

      116.3108  1.  A meeting of the units’ owners must be held at least once each year. If the governing documents do not designate an annual meeting date of the units’ owners, a meeting of the units’ owners must be held 1 year after the date of the last meeting of the units’ owners. If the units’ owners have not held a meeting for 1 year, a meeting of the units’ owners must be held on the following March 1.

      2.  Special meetings of the units’ owners may be called by the president, by a majority of the executive board or by units’ owners constituting at least 10 percent, or any lower percentage specified in the bylaws, of the total number of voting members of the association. The same number of units’ owners may also call a removal election pursuant to NRS 116.31036. To call a special meeting or a removal election, the units’ owners must submit a written petition which is signed by the required percentage of the total number of voting members of the association pursuant to this section and which is mailed, return receipt requested, or served by a process server to the executive board or the community manager for the association. If the petition calls for a special meeting, the executive board shall set the date for the special meeting so that the special meeting is held not less than 15 days or more than 60 days after the date on which the petition is received.

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2801 (Chapter 485, AB 350)ê

 

special meeting so that the special meeting is held not less than 15 days or more than 60 days after the date on which the petition is received. If the petition calls for a removal election and:

      (a) The voting rights of the units’ owners will be exercised by delegates or representatives as set forth in NRS 116.31105, the executive board shall set the date for the removal election so that the removal election is held not less than 15 days or more than 60 days after the date on which the petition is received; or

      (b) The voting rights of the units’ owners will be exercised through the use of secret written ballots pursuant to NRS 116.31036, the secret written ballots for the removal election must be sent in the manner required by NRS 116.31036 not less than 15 days or more than 60 days after the date on which the petition is received, and the executive board shall set the date for the meeting to open and count the secret written ballots so that the meeting is held not more than 15 days after the deadline for returning the secret written ballots.

      3.  Not less than 15 days or more than 60 days in advance of any meeting of the units’ owners, the secretary or other officer specified in the bylaws shall cause notice of the meeting to be hand-delivered, sent prepaid by United States mail to the mailing address of each unit or to any other mailing address designated in writing by the unit’s owner or, if the association offers to send notice by electronic mail, sent by electronic mail at the request of the unit’s owner to an electronic mail address designated in writing by the unit’s owner. The notice of the meeting must state the time and place of the meeting and include a copy of the agenda for the meeting. The notice must include notification of the right of a unit’s owner to:

      (a) Have a copy of the minutes or a summary of the minutes of the meeting provided to the unit’s owner upon request [and, if required by the executive board, upon payment to the association of the cost of providing the copy to the unit’s owner.] , in electronic format at no charge to the unit’s owner or, if the association is unable to provide the copy or summary in electronic format, in paper format at a cost not to exceed 25 cents per page for the first 10 pages, and 10 cents per page thereafter.

      (b) Speak to the association or executive board, unless the executive board is meeting in executive session.

      4.  The agenda for a meeting of the units’ owners must consist of:

      (a) A clear and complete statement of the topics scheduled to be considered during the meeting, including, without limitation, any proposed amendment to the declaration or bylaws, any fees or assessments to be imposed or increased by the association, any budgetary changes and any proposal to remove an officer of the association or member of the executive board.

      (b) A list describing the items on which action may be taken and clearly denoting that action may be taken on those items. In an emergency, the units’ owners may take action on an item which is not listed on the agenda as an item on which action may be taken.

      (c) A period devoted to comments by units’ owners and discussion of those comments. Except in emergencies, no action may be taken upon a matter raised under this item of the agenda until the matter itself has been specifically included on an agenda as an item upon which action may be taken pursuant to paragraph (b).

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2802 (Chapter 485, AB 350)ê

 

      5.  If the association adopts a policy imposing fines for any violations of the governing documents of the association, the secretary or other officer specified in the bylaws shall prepare and cause to be hand-delivered or sent prepaid by United States mail to the mailing address of each unit or to any other mailing address designated in writing by the unit’s owner, a schedule of the fines that may be imposed for those violations.

      6.  The secretary or other officer specified in the bylaws shall cause minutes to be recorded or otherwise taken at each meeting of the units’ owners. Not more than 30 days after each such meeting, the secretary or other officer specified in the bylaws shall cause the minutes or a summary of the minutes of the meeting to be made available to the units’ owners. [A] Except as otherwise provided in this subsection, a copy of the minutes or a summary of the minutes must be provided to any unit’s owner upon request [and, if required by the executive board, upon payment to the association of the cost of providing the copy to the unit’s owner.] , in electronic format at no charge to the unit’s owner or, if the association is unable to provide the copy or summary in electronic format, in paper format at a cost not to exceed 25 cents per page for the first 10 pages, and 10 cents per page thereafter.

      7.  Except as otherwise provided in subsection 8, the minutes of each meeting of the units’ owners must include:

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

      (b) The substance of all matters proposed, discussed or decided at the meeting; and

      (c) The substance of remarks made by any unit’s owner at the meeting if he requests that the minutes reflect his remarks or, if he has prepared written remarks, a copy of his prepared remarks if he submits a copy for inclusion.

      8.  The executive board may establish reasonable limitations on materials, remarks or other information to be included in the minutes of a meeting of the units’ owners.

      9.  The association shall maintain the minutes of each meeting of the units’ owners until the common-interest community is terminated.

      10.  A unit’s owner may record on audiotape or any other means of sound reproduction a meeting of the units’ owners if the unit’s owner, before recording the meeting, provides notice of his intent to record the meeting to the other units’ owners who are in attendance at the meeting.

      11.  The units’ owners may approve, at the annual meeting of the units’ owners, the minutes of the prior annual meeting of the units’ owners and the minutes of any prior special meetings of the units’ owners. A quorum is not required to be present when the units’ owners approve the minutes.

      12.  As used in this section, “emergency” means any occurrence or combination of occurrences that:

      (a) Could not have been reasonably foreseen;

      (b) Affects the health, welfare and safety of the units’ owners or residents of the common-interest community;

      (c) Requires the immediate attention of, and possible action by, the executive board; and

      (d) Makes it impracticable to comply with the provisions of subsection 3 or 4.

      Sec. 7.  (Deleted by amendment.)

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2803 (Chapter 485, AB 350)ê

 

      Sec. 7.5.  NRS 116.31083 is hereby amended to read as follows:

      116.31083  1.  A meeting of the executive board must be held at least once every 90 days [.] and must be held at a time other than during standard business hours at least twice annually.

      2.  Except in an emergency or unless the bylaws of an association require a longer period of notice, the secretary or other officer specified in the bylaws of the association shall, not less than 10 days before the date of a meeting of the executive board, cause notice of the meeting to be given to the units’ owners. Such notice must be:

      (a) Sent prepaid by United States mail to the mailing address of each unit within the common-interest community or to any other mailing address designated in writing by the unit’s owner;

      (b) If the association offers to send notice by electronic mail, sent by electronic mail at the request of the unit’s owner to an electronic mail address designated in writing by the unit’s owner; or

      (c) Published in a newsletter or other similar publication that is circulated to each unit’s owner.

      3.  In an emergency, the secretary or other officer specified in the bylaws of the association shall, if practicable, cause notice of the meeting to be sent prepaid by United States mail to the mailing address of each unit within the common-interest community. If delivery of the notice in this manner is impracticable, the notice must be hand-delivered to each unit within the common-interest community or posted in a prominent place or places within the common elements of the association.

      4.  The notice of a meeting of the executive board must state the time and place of the meeting and include a copy of the agenda for the meeting or the date on which and the locations where copies of the agenda may be conveniently obtained by the units’ owners. The notice must include notification of the right of a unit’s owner to:

      (a) Have a copy of the minutes or a summary of the minutes of the meeting provided to the unit’s owner upon request [and, if required by the executive board, upon payment to the association of the cost of providing the copy to the unit’s owner.] , in electronic format at no charge to the unit’s owner or, if the association is unable to provide the copy or summary in electronic format, in paper format at a cost not to exceed 25 cents per page for the first 10 pages, and 10 cents per page thereafter.

      (b) Speak to the association or executive board, unless the executive board is meeting in executive session.

      5.  The agenda of the meeting of the executive board must comply with the provisions of subsection 4 of NRS 116.3108. The period required to be devoted to comments by the units’ owners and discussion of those comments must be scheduled for the beginning of each meeting. In an emergency, the executive board may take action on an item which is not listed on the agenda as an item on which action may be taken.

      6.  At least once every 90 days, unless the declaration or bylaws of the association impose more stringent standards, the executive board shall review, at a minimum, the following financial information at one of its meetings:

      (a) A current year-to-date financial statement of the association;

      (b) A current year-to-date schedule of revenues and expenses for the operating account and the reserve account, compared to the budget for those accounts;

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2804 (Chapter 485, AB 350)ê

 

      (c) A current reconciliation of the operating account of the association;

      (d) A current reconciliation of the reserve account of the association;

      (e) The latest account statements prepared by the financial institutions in which the accounts of the association are maintained; and

      (f) The current status of any civil action or claim submitted to arbitration or mediation in which the association is a party.

      7.  The secretary or other officer specified in the bylaws shall cause minutes to be recorded or otherwise taken at each meeting of the executive board. Not more than 30 days after each such meeting, the secretary or other officer specified in the bylaws shall cause the minutes or a summary of the minutes of the meetings to be made available to the units’ owners. [A] Except as otherwise provided in this subsection, a copy of the minutes or a summary of the minutes must be provided to any unit’s owner upon request [and, if required by the executive board, upon payment to the association of the cost of providing the copy to the unit’s owner.] , in electronic format at no charge to the unit’s owner or, if the association is unable to provide the copy or summary in electronic format, in paper format at a cost not to exceed 25 cents per page for the first 10 pages, and 10 cents per page thereafter.

      8.  Except as otherwise provided in subsection 9 and NRS 116.31085, the minutes of each meeting of the executive board must include:

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

      (b) Those members of the executive board who were present and those members who were absent at the meeting;

      (c) The substance of all matters proposed, discussed or decided at the meeting;

      (d) A record of each member’s vote on any matter decided by vote at the meeting; and

      (e) The substance of remarks made by any unit’s owner who addresses the executive board at the meeting if he requests that the minutes reflect his remarks or, if he has prepared written remarks, a copy of his prepared remarks if he submits a copy for inclusion.

      9.  The executive board may establish reasonable limitations on materials, remarks or other information to be included in the minutes of its meetings.

      10.  The association shall maintain the minutes of each meeting of the executive board until the common-interest community is terminated.

      11.  A unit’s owner may record on audiotape or any other means of sound reproduction a meeting of the executive board, unless the executive board is meeting in executive session, if the unit’s owner, before recording the meeting, provides notice of his intent to record the meeting to the members of the executive board and the other units’ owners who are in attendance at the meeting.

      12.  As used in this section, “emergency” means any occurrence or combination of occurrences that:

      (a) Could not have been reasonably foreseen;

      (b) Affects the health, welfare and safety of the units’ owners or residents of the common-interest community;

      (c) Requires the immediate attention of, and possible action by, the executive board; and

      (d) Makes it impracticable to comply with the provisions of subsection 2 or 5.

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2805 (Chapter 485, AB 350)ê

 

      Sec. 8.  (Deleted by amendment.)

      Sec. 9.  NRS 116.3115 is hereby amended to read as follows:

      116.3115  1.  Until the association makes an assessment for common expenses, the declarant shall pay all common expenses. After an assessment has been made by the association, assessments must be made at least annually, based on a budget adopted at least annually by the association in accordance with the requirements set forth in NRS 116.31151. Unless the declaration imposes more stringent standards, the budget must include a budget for the daily operation of the association and a budget for the reserves required by paragraph (b) of subsection 2.

      2.  Except for assessments under subsections 4 to 7, inclusive:

      (a) All common expenses, including the reserves, must be assessed against all the units in accordance with the allocations set forth in the declaration pursuant to subsections 1 and 2 of NRS 116.2107.

      (b) The association shall establish adequate reserves, funded on a reasonable basis, for the repair, replacement and restoration of the major components of the common elements. The reserves may be used only for those purposes, including, without limitation, repairing, replacing and restoring roofs, roads and sidewalks, and must not be used for daily maintenance. The association may comply with the provisions of this paragraph through a funding plan that is designed to allocate the costs for the repair, replacement and restoration of the major components of the common elements over a period of years if the funding plan is designed in an actuarially sound manner which will ensure that sufficient money is available when the repair, replacement and restoration of the major components of the common elements are necessary.

      3.  Any [past due] assessment for common expenses or installment thereof that is 60 days or more past due bears interest at [the rate established by the association not exceeding 18 percent per year.] a rate equal to the prime rate at the largest bank in Nevada as ascertained by the Commissioner of Financial Institutions on January 1 or July 1, as the case may be, immediately preceding the date the assessment becomes past due, plus 2 percent. The rate must be adjusted accordingly on each January 1 and July 1 thereafter until the balance is satisfied.

      4.  To the extent required by the declaration:

      (a) Any common expense associated with the maintenance, repair, restoration or replacement of a limited common element must be assessed against the units to which that limited common element is assigned, equally, or in any other proportion the declaration provides;

      (b) Any common expense or portion thereof benefiting fewer than all of the units must be assessed exclusively against the units benefited; and

      (c) The costs of insurance must be assessed in proportion to risk and the costs of utilities must be assessed in proportion to usage.

      5.  Assessments to pay a judgment against the association may be made only against the units in the common-interest community at the time the judgment was entered, in proportion to their liabilities for common expenses.

      6.  If any common expense is caused by the misconduct of any unit’s owner, the association may assess that expense exclusively against his unit.

      7.  The association of a common-interest community created before January 1, 1992, is not required to make an assessment against a vacant lot located within the community that is owned by the declarant.

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2806 (Chapter 485, AB 350)ê

 

      8.  If liabilities for common expenses are reallocated, assessments for common expenses and any installment thereof not yet due must be recalculated in accordance with the reallocated liabilities.

      9.  The association shall provide written notice to each unit’s owner of a meeting at which an assessment for a capital improvement is to be considered or action is to be taken on such an assessment at least 21 calendar days before the date of the meeting.

      Sec. 10.  (Deleted by amendment.)

      Sec. 10.5.  NRS 116.31151 is hereby amended to read as follows:

      116.31151  1.  Except as otherwise provided in subsection 2 and unless the declaration of a common-interest community imposes more stringent standards, the executive board shall, not less than 30 days or more than 60 days before the beginning of the fiscal year of the association, prepare and distribute to each unit’s owner a copy of:

      (a) The budget for the daily operation of the association. The budget must include, without limitation, the estimated annual revenue and expenditures of the association and any contributions to be made to the reserve account of the association.

      (b) The budget to provide adequate funding for the reserves required by paragraph (b) of subsection 2 of NRS 116.3115. The budget must include, without limitation:

            (1) The current estimated replacement cost, estimated remaining life and estimated useful life of each major component of the common elements;

            (2) As of the end of the fiscal year for which the budget is prepared, the current estimate of the amount of cash reserves that are necessary, and the current amount of accumulated cash reserves that are set aside, to repair, replace or restore the major components of the common elements;

            (3) A statement as to whether the executive board has determined or anticipates that the levy of one or more special assessments will be necessary to repair, replace or restore any major component of the common elements or to provide adequate funding for the reserves designated for that purpose; and

            (4) A general statement describing the procedures used for the estimation and accumulation of cash reserves pursuant to subparagraph (2), including, without limitation, the qualifications of the person responsible for the preparation of the study of the reserves required by NRS 116.31152.

      2.  In lieu of distributing copies of the budgets of the association required by subsection 1, the executive board may distribute to each unit’s owner a summary of those budgets, accompanied by a written notice that:

      (a) The budgets are available for review 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 [;] but not to exceed 60 miles from the physical location of the common-interest community; and

      (b) Copies of the budgets will be provided upon request.

      3.  Within 60 days after adoption of any proposed budget for the common-interest community, the executive board shall provide a summary of the proposed budget to each unit’s owner and shall set a date for a meeting of the units’ owners to consider ratification of the proposed budget not less than 14 days or more than 30 days after the mailing of the summaries. Unless at that meeting a majority of all units’ owners, or any larger vote specified in the declaration, reject the proposed budget, the proposed budget is ratified, whether or not a quorum is present. If the proposed budget is rejected, the periodic budget last ratified by the units’ owners must be continued until such time as the units’ owners ratify a subsequent budget proposed by the executive board.

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2807 (Chapter 485, AB 350)ê

 

periodic budget last ratified by the units’ owners must be continued until such time as the units’ owners ratify a subsequent budget proposed by the executive board.

      Secs. 11 and 12.  (Deleted by amendment.)

      Sec. 12.2.  NRS 116.31175 is hereby amended to read as follows:

      116.31175  1.  Except as otherwise provided in this subsection, the executive board of an association shall, upon the written request of a unit’s owner, make available the books, records and other papers of the association for review at the business office of the association or a designated business location not to exceed 60 miles from the physical location of the common-interest community and during the regular working hours of the association, including, without limitation, all contracts to which the association is a party and all records filed with a court relating to a civil or criminal action to which the association is a party. The provisions of this subsection do not apply to:

      (a) The personnel records of the employees of the association, except for those records relating to the number of hours worked and the salaries and benefits of those employees;

      (b) The records of the association relating to another unit’s owner, except for those records described in subsection 2; and

      (c) A contract between the association and an attorney.

      2.  The executive board of an association shall maintain a general record concerning each violation of the governing documents, other than a violation involving a failure to pay an assessment, for which the executive board has imposed a fine, a construction penalty or any other sanction. The general record:

      (a) Must contain a general description of the nature of the violation and the type of the sanction imposed. If the sanction imposed was a fine or construction penalty, the general record must specify the amount of the fine or construction penalty.

      (b) Must not contain the name or address of the person against whom the sanction was imposed or any other personal information which may be used to identify the person or the location of the unit, if any, that is associated with the violation.

      (c) Must be maintained in an organized and convenient filing system or data system that allows a unit’s owner to search and review the general records concerning violations of the governing documents.

      3.  If the executive board refuses to allow a unit’s owner to review the books, records or other papers of the association, the Ombudsman may:

      (a) On behalf of the unit’s owner and upon written request, review the books, records or other papers of the association during the regular working hours of the association; and

      (b) If he is denied access to the books, records or other papers, request the Commission, or any member thereof acting on behalf of the Commission, to issue a subpoena for their production.

      4.  The books, records and other papers of an association must be maintained for at least 10 years. The provisions of this subsection do not apply to:

      (a) The minutes of a meeting of the units’ owners which must be maintained in accordance with NRS 116.3108; or

      (b) The minutes of a meeting of the executive board which must be maintained in accordance with NRS 116.31083.

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2808 (Chapter 485, AB 350)ê

 

      5.  The executive board shall not require a unit’s owner to pay an amount in excess of $10 per hour to review any books, records, contracts or other papers of the association pursuant to the provisions of this section.

      Sec. 12.3.  (Deleted by amendment.)

      Sec. 12.5.  NRS 116.31183 is hereby amended to read as follows:

      116.31183  1.  An executive board, a member of an executive board or an officer, employee or agent of an association shall not take, or direct or encourage another person to take, any retaliatory action against a unit’s owner because the unit’s owner has:

      [1.] (a) Complained in good faith about any alleged violation of any provision of this chapter or the governing documents of the association; or

      [2.] (b) Requested in good faith to review the books, records or other papers of the association.

      2.  In addition to any other remedy provided by law, upon a violation of this section, a unit’s owner may bring a separate action to recover:

      (a) Compensatory damages; and

      (b) Attorney’s fees and costs of bringing the separate action.

      Sec. 12.7.  (Deleted by amendment.)

      Sec. 12.8.  NRS 116.31185 is hereby amended to read as follows:

      116.31185  1.  Except as otherwise provided in subsection 2, a member of an executive board, an officer of an association or a community manager shall not solicit or accept any form of compensation, gratuity or other remuneration that:

      (a) Would improperly influence or would appear to a reasonable person to improperly influence the decisions made by those persons; or

      (b) Would result or would appear to a reasonable person to result in a conflict of interest for those persons.

      2.  Notwithstanding the provisions of subsection 1, a member of an executive board, an officer of an association, a community manager or any person working for a community manager shall not accept, directly or indirectly, any gifts, incentives, gratuities, rewards or other items of value from:

      (a) An attorney, law firm or vendor, or any person working directly or indirectly for the attorney, law firm or vendor, which total more than the amount established by the Commission by regulation, not to exceed $100 per year per such attorney, law firm or vendor; or

      (b) A declarant, an affiliate of a declarant or any person responsible for the construction of the applicable community or association which total more than the amount established by the Commission by regulation, not to exceed $100 per year per such declarant, affiliate or person.

      3.  An attorney, law firm or vendor, or any person working directly or indirectly for the attorney, law firm or vendor, shall not provide, directly or indirectly, any gifts, incentives, gratuities, rewards or other items of value to a member of the executive board, an officer of the association, the community manager or any person working for the community manager which total more than the amount established by the Commission by regulation, not to exceed $100 per year per such member, officer, community manager or person.

      4.  A declarant, an affiliate of a declarant or any person responsible for the construction of a community or association, shall not provide, directly or indirectly, any gifts, incentives, gratuities, rewards or other items of value to a member of the executive board, an officer of the association, the community manager or any person working for the community manager which total more than the amount established by the Commission by regulation, not to exceed $100 per year per such member, officer, community manager or person.

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2809 (Chapter 485, AB 350)ê

 

community manager or any person working for the community manager which total more than the amount established by the Commission by regulation, not to exceed $100 per year per such member, officer, community manager or person.

      5.  In addition to the limitations set forth in subsection 1, a community manager shall not solicit or accept any form of compensation, fee or other remuneration that is based, in whole or in part, on:

      (a) The number or amount of fines imposed against or collected from units’ owners or tenants or guests of units’ owners pursuant to NRS 116.31031 for violations of the governing documents of the association; or

      (b) Any percentage or proportion of those fines.

      6.  The provisions of this section do not prohibit a community manager from being paid compensation, a fee or other remuneration under the terms of a contract between the community manager and an association if:

      (a) The scope of the respective rights, duties and obligations of the parties under the contract comply with the standards of practice for community managers set forth as sections 19.5 and 19.6 of this act and any additional standards of practice adopted by the Commission by regulation pursuant to NRS 116A.400;

      (b) The compensation, fee or other remuneration is being paid to the community manager for providing management of the common-interest community; and

      (c) The compensation, fee or other remuneration is not structured in a way that would violate the provisions of subsection 1 or 5.

      Secs. 13 and 13.5.  (Deleted by amendment.)

      Sec. 13.7.  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.

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2810 (Chapter 485, AB 350)ê

 

      (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.

      (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) In addition to any other document, a statement describing all current and expected fees or charges for each unit, including, without limitation, association fees, fines, assessments, late charges or penalties, interest rates on delinquent assessments, additional costs for collecting past due fines and charges for opening or closing any file for each unit.

      (m) 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.”

      Secs. 14 and 15.  (Deleted by amendment.)

      Sec. 15.5.  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, at the expense of the unit’s owner, 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;

      (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; [and]

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2811 (Chapter 485, AB 350)ê

 

      (e) A statement of any transfer fees, transaction fees or any other fees associated with the resale of a unit [.] ; and

      (f) In addition to any other document, a statement describing all current and expected fees or charges for each unit, including, without limitation, association fees, fines, assessments, late charges or penalties, interest rates on delinquent assessments, additional costs for collecting past due fines and charges for opening or closing any file for each unit.

      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.

      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), (d) and (e) 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.

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2812 (Chapter 485, AB 350)ê

 

      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. 16.  (Deleted by amendment.)

      Sec. 16.5.  NRS 116.4117 is hereby amended to read as follows:

      116.4117  1.  If a declarant or any other person subject to this chapter fails to comply with any of its provisions or any provision of the declaration or bylaws, any person or class of persons suffering actual damages from the failure to comply has a claim for appropriate relief.

      2.  Subject to the requirements set forth in NRS 38.310 and except as otherwise provided in NRS 116.3111, a civil action for damages caused by a failure or refusal to comply with any provision of this chapter or the governing documents of an association may be brought:

      (a) By the association against:

            (1) A declarant; or

            (2) A unit’s owner.

      (b) By a unit’s owner against:

            (1) The association;

            (2) A declarant; or

            (3) Another unit’s owner of the association.

      3.  [Punitive] Except as otherwise provided in NRS 116.31036, punitive damages may be awarded for a willful and material failure to comply with this chapter if the failure is established by clear and convincing evidence.

      4.  The court may award reasonable attorney’s fees to the prevailing party.

      5.  The civil remedy provided by this section is in addition to, and not exclusive of, any other available remedy or penalty.

      Secs. 17-19.  (Deleted by amendment.)

      Sec. 19.05.  Chapter 116A of NRS is hereby amended by adding thereto the provisions set forth as sections 19.1 to 19.6, inclusive, of this act.

      Sec. 19.1.  “Client” means an association that has entered into a management agreement with a community manager.

      Sec. 19.2.  “Management agreement” means an agreement for the management of a common-interest community.

      Sec. 19.3.  Before entering into a management agreement, a community manager shall disclose in writing to the prospective client any material and relevant information which he knows, or by the exercise of reasonable care and diligence should know, relate to the performance of the management agreement, including any matters which may affect his ability to comply with the provisions of this chapter or chapter 116 or 116B of NRS. Such written disclosure must include, without limitation:

      1.  Whether he, or any member of his organization, expects to receive any direct or indirect compensation, gifts or profits from any person who will perform services for the client and, if so, the identity of the person and the nature of the services rendered.

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2813 (Chapter 485, AB 350)ê

 

      2.  Any affiliation with or financial interest in any person or business who furnishes any goods or services to the client.

      3.  Any pecuniary relationships with any unit’s owner, member of the executive board or officer of the client.

      Sec. 19.4.  1.  Any management agreement must:

      (a) Be in writing and signed by all parties;

      (b) Be entered into between the client and the community manager or the employer of the community manager if the community manager is acting on behalf of a corporation, partnership, limited partnership, limited-liability partnership, limited-liability company or other entity;

      (c) State the term of the management agreement;

      (d) State the basic consideration for the services to be provided and the payment schedule;

      (e) Include a complete schedule of all fees, costs, expenses and charges to be imposed by the community manager, whether direct or indirect, including, without limitation:

            (1) The costs for any new client or start-up costs;

            (2) The fees for special or nonroutine services, such as the mailing of collection letters, the recording of liens and foreclosing of property;

            (3) Reimbursable expenses;

            (4) The fees for the sale or resale of a unit or for setting up the account of a new member; and

            (5) The portion of fees that are to be retained by the client and the portion to be retained by the community manager;

      (f) State the identity and the legal status of the contracting parties;

      (g) State any limitations on the liability of each contracting party;

      (h) Include a statement of the scope of work of the community manager;

      (i) State the spending limits of the community manager;

      (j) Include provisions relating to the grounds and procedures for termination of the community manager;

      (k) Identify the types and amounts of insurance coverage to be carried by each contracting party, including, without limitation:

            (1) A requirement that the community manager or his employer shall maintain insurance covering liability for errors or omissions, professional liability or a surety bond to compensate for losses actionable pursuant to this chapter in an amount of $1,000,000 or more;

            (2) An indication of which contracting party will maintain fidelity bond coverage; and

            (3) A statement as to whether the client will maintain directors and officers liability coverage for the executive board;

      (l) Include provisions for dispute resolution;

      (m) Acknowledge that all records and books of the client are the property of the client, except any proprietary information and software belonging to the community manager;

      (n) State the physical location, including the street address, of the records of the client, which must be within 60 miles from the physical location of the common-interest community;

      (o) State the frequency and extent of regular inspections of the common-interest community; and

      (p) State the extent, if any, of the authority of the community manager to sign checks on behalf of the client in an operating account.

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2814 (Chapter 485, AB 350)ê

 

      2.  In addition to any other requirements under this section, a management agreement may:

      (a) Provide for mandatory binding arbitration; or

      (b) Allow the provisions of the management agreement to apply month to month following the end of the term of the management agreement, but the management agreement may not contain an automatic renewal provision.

      3.  Not later than 10 days after the effective date of a management agreement, the community manager shall provide each member of the executive board evidence of the existence of the required insurance, including, without limitation:

      (a) The names and addresses of all insurance companies;

      (b) The total amount of coverage; and

      (c) The amount of any deductible.

      4.  After signing a management agreement, the community manager shall provide a copy of the management agreement to each member of the executive board. Within 30 days after an election or appointment of a new member to the executive board, the community manager shall provide the new member with a copy of the management agreement.

      5.  Any changes to a management agreement must be initialed by the contracting parties. If there are any changes after the execution of a management agreement, those changes must be in writing and signed by the contracting parties.

      6.  Except as otherwise provided in the management agreement, upon the termination or assignment of a management agreement, the community manager shall, within 30 days after the termination or assignment, transfer possession of all books, records and other papers of the client to the succeeding community manager, or to the client if there is no succeeding community manager, regardless of any unpaid fees or charges to the community manager or management company.

      7.  Notwithstanding any provision in a management agreement to the contrary, a management agreement may be terminated by the client without penalty upon 30 days’ notice following a violation by the community manager of any provision of this chapter or chapter 116 of NRS.

      Sec. 19.5.  In addition to any additional standards of practice for community managers adopted by the Commission by regulation pursuant to NRS 116A.400, a community manager shall:

      1.  Except as otherwise provided by specific statute, at all times:

      (a) Act as a fiduciary in any client relationship; and

      (b) Exercise ordinary and reasonable care in the performance of his duties.

      2.  Comply with all applicable:

      (a) Federal, state and local laws, regulations and ordinances; and

      (b) Lawful provisions of the governing documents of each client.

      3.  Keep informed of new developments in the management of a common-interest community through continuing education, including, without limitation, new developments in law, insurance coverage and accounting principles.

      4.  Advise a client to obtain advice from an independent expert relating to matters that are beyond the expertise of the community manager.

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2815 (Chapter 485, AB 350)ê

 

      5.  Under the direction of a client, uniformly enforce the provisions of the governing documents of the association.

      6.  At all times ensure that:

      (a) The financial transactions of a client are current, accurate and properly documented; and

      (b) There are established policies and procedures that are designed to provide reasonable assurances in the reliability of the financial reporting, including, without limitation:

            (1) Proper maintenance of accounting records;

            (2) Documentation of the authorization for any purchase orders, expenditures or disbursements;

            (3) Verification of the integrity of the data used in business decisions;

            (4) Facilitation of fraud detection and prevention; and

            (5) Compliance with all applicable laws and regulations governing financial records.

      7.  Prepare or cause to be prepared interim and annual financial statements that will allow the Division, the executive board, the units’ owners and the accountant or auditor to determine whether the financial position of an association is fairly presented in accordance with all applicable laws and regulations.

      8.  Cause to be prepared, if required by the Division, a financial audit performed by an independent certified public accountant of the records of the community manager pertaining to the common-interest community, which must be made available to the Division.

      9.  Make the financial records of an association available for inspection by the Division in accordance with the applicable laws and regulations.

      10.  Cooperate with the Division in resolving complaints filed with the Division.

      11.  Upon written request, make the financial records of an association available to the units’ owners electronically or during regular business hours required for inspection at a reasonably convenient location, which must be within 60 miles from the physical location of the common-interest community, and provide copies of such records in accordance with the applicable laws and regulations. As used in this subsection, “regular business hours” means Monday through Friday, 9 a.m. to 5 p.m., excluding legal holidays.

      12.  Maintain and invest association funds in a financial institution whose accounts are insured by the Federal Deposit Insurance Corporation, National Credit Union Share Insurance Fund, Securities Investor Protection Corporation, or a private insurer approved pursuant to NRS 678.755, or in government securities that are backed by the full faith and credit of the United States Government.

      13.  Except as required under collection agreements, maintain the various funds of the client in separate financial accounts in the name of the client and ensure that the association is authorized to have direct access to those accounts.

      14.  Provide notice to each unit’s owner that the executive board is aware of all legal requirements pursuant to the applicable laws and regulations.

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2816 (Chapter 485, AB 350)ê

 

      15.  Maintain internal accounting controls, including, without limitation, segregation of incompatible accounting functions.

      16.  Ensure that the executive board develops and approves written investment policies and procedures.

      17.  Recommend in writing to each client that the client register with the Division, maintain its registration and file all papers with the Division and the Secretary of State as required by law.

      18.  Comply with the directions of a client, unless the directions conflict with the governing documents of the client or the applicable laws or regulations of this State.

      19.  Recommend in writing to each client that the client be in compliance with all applicable federal, state and local laws, regulations and ordinances and the governing documents of the client.

      20.  Obtain, when practicable, at least three qualified bids for any capital improvement project for the client.

      21.  Develop written collection policies, approved by the executive board, to comply with all applicable federal, state and local laws, regulations and ordinances relating to the collection of debt. The collection policies must require:

      (a) That the executive board approve all write-offs of debt; and

      (b) That the community manager provide timely updates and reports as necessary.

      Sec. 19.6.  In addition to the standards of practice for community managers set forth in section 19.5 of this act and any additional standards of practice adopted by the Commission by regulation pursuant to NRS 116A.400, a community manager shall not:

      1.  Except as otherwise required by law or court order, disclose confidential information relating to a client, which includes, without limitation, the business affairs and financial records of the client, unless the client agrees to the disclosure in writing.

      2.  Impede or otherwise interfere with an investigation of the Division by:

      (a) Failing to comply with a request of the Division to provide documents;

      (b) Supplying false or misleading information to an investigator, auditor or any other officer or agent of the Division; or

      (c) Concealing any facts or documents relating to the business of a client.

      3.  Commingle money or other property of a client with the money or other property of another client, another association, the community manager or the employer of the community manager.

      4.  Use money or other property of a client for his own personal use.

      5.  Be a signer on a withdrawal from a reserve account of a client.

      6.  Except as otherwise permitted by the provisions of the court rules governing the legal profession, establish an attorney-client relationship with an attorney or law firm which represents a client that employs the community manager or with whom the community manager has a management agreement.

      7.  Provide or attempt to provide to a client a service concerning a type of property or service:

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2817 (Chapter 485, AB 350)ê

 

      (a) That is outside his field of experience or competence without the assistance of a qualified authority unless the fact of his inexperience or incompetence is disclosed fully to the client and is not otherwise prohibited by law; or

      (b) For which he is not properly licensed.

      8.  Intentionally apply a payment of an assessment from a unit’s owner towards any fine, fee or other charge that is due.

      9.  Refuse to accept from a unit’s owner payment of any assessment, fine, fee or other charge that is due because there is an outstanding payment due.

      10.  Collect any fees or other charges from a client not specified in the management agreement.

      11.  Accept any compensation, gift or any other item of material value as payment or consideration for a referral or in the furtherance or performance of his normal duties unless:

      (a) Acceptance of the compensation, gift or other item of material value complies with the provisions of NRS 116.31185 or 116B.695 and all other applicable federal, state and local laws, regulations and ordinances; and

      (b) Before acceptance of the compensation, gift or other item of material value, the community manager provides full disclosure to the client and the client consents, in writing, to the acceptance of the compensation, gift or other item of material value by the community manager.

      Sec. 19.7.  NRS 116A.010 is hereby amended to read as follows:

      116A.010  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 116A.020 to 116A.130, inclusive, and sections 19.1 and 19.2 of this act have the meanings ascribed to them in those sections.

      Sec. 19.8.  NRS 116A.400 is hereby amended to read as follows:

      116A.400  1.  Except as otherwise provided in this section, a person shall not act as a community manager unless the person holds a certificate.

      2.  [The] In addition to the standards of practice for community managers set forth in sections 19.5 and 19.6 of this act, the Commission shall by regulation [provide for the] adopt any additional standards of practice for community managers who hold certificates [.] that the Commission deems appropriate and necessary.

      3.  The Division may investigate any community manager who holds a certificate to ensure that the community manager is complying with the provisions of this chapter and chapters 116 and 116B of NRS and [the] any additional standards of practice adopted by the Commission.

      4.  In addition to any other remedy or penalty, if the Commission or a hearing panel, after notice and hearing, finds that a community manager who holds a certificate has violated any provision of this chapter or chapter 116 or 116B of NRS or any of the additional standards of practice adopted by the Commission, the Commission or the hearing panel may take appropriate disciplinary action against the community manager.

      5.  In addition to any other remedy or penalty, the Commission may:

      (a) Refuse to issue a certificate to a person who has failed to pay money which the person owes to the Commission or the Division.

 


…………………………………………………………………………………………………………………

ê2009 Statutes of Nevada, Page 2818 (Chapter 485, AB 350)ê

 

      (b) Suspend, revoke or refuse to renew the certificate of a person who has failed to pay money which the person owes to the Commission or the Division.

      6.  The provisions of this section do not apply to:

      (a) A financial institution that is engaging in an activity permitted by law.

      (b) An attorney who is licensed to practice in this State and who is acting in that capacity.

      (c) A trustee with respect to the property of the trust.

      (d) A receiver with respect to property subject to the receivership.

      (e) A member of an executive board or an officer of an association who is acting solely within the scope of his duties as a member of the executive board or an officer of the association.

      Sec. 19.9.  NRS 116B.695 is hereby amended to read as follows:

      116B.695  1.  Except as otherwise provided in subsection 2, a member of an executive board, an officer of an association or a community manager shall not solicit or accept any form of compensation, gratuity or other remuneration that:

      (a) Would improperly influence or would appear to a reasonable person to improperly influence the decisions made by those persons; or

      (b) Would result or would appear to a reasonable person to result in a conflict of interest for those persons.

      2.  Notwithstanding the provisions of subsection 1, a member of an executive board, an officer of an association or a community manager shall not accept, directly or indirectly, any gifts, incentives, gratuities, rewards or other items of value from:

      (a) An attorney, law firm or vendor, or any person working directly or indirectly for the attorney, law firm or vendor, which total more than the amount established by the Commission by regulation, not to exceed $100 per year per such attorney, law firm or vendor; or

      (b) A declarant, an affiliate of a declarant or any person responsible for the construction of the applicable condominium hotel or association which total more than the amount established by the Commission by regulation, not to exceed $100 per year per such declarant, affiliate or person.

      3.  An attorney, law firm or vendor, or any person working directly or indirectly for the attorney, law firm or vendor, shall not provide, directly or indirectly, any gifts, incentives, gratuities, rewards or other items of value to a member of the executive board or an officer of the association, the community manager or any person working for the community manager which total more than the amount established by the Commission by regulation, not to exceed $100 per year per such member, officer, community manager or person.

      4.  A declarant, an affiliate of a declarant or any person responsible for the construction of a condominium hotel or association [,] shall not provide, directly or indirectly, any gifts, incentives, gratuities, rewards or other items of value to a member of the executive board or an officer of the association, the community manager or any person working for the community manager which total more than the amount established by the Commission by regulation, not to exceed $100 per year per such member, officer, community manager or person.

      5.  In addition to the limitations set forth in subsection 1, a community manager shall not solicit or accept any form of compensation, fee or other remuneration that is based, in whole or in part, on:

 

Link to Page 2819