Link to Page 1778

 

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ê2011 Statutes of Nevada, Page 1779ê

 

CHAPTER 319, SB 126

Senate Bill No. 126–Senators Settelmeyer and Lee

 

CHAPTER 319

 

[Approved: June 13, 2011]

 

AN ACT relating to concealed firearms; revising certain provisions relating to permits to carry concealed firearms; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Under existing law, a person applying for a permit to carry a firearm in a concealed manner is required to list on an application each specific semiautomatic firearm to which the permit will pertain but may receive a permit for all revolvers owned by the person without listing each revolver specifically. (NRS 202.3657) This bill revises this provision to allow a person to complete one application and obtain one permit to carry in concealment all firearms owned by the person. The application must specify whether it pertains to revolvers, semiautomatic firearms or both, and the applicant must demonstrate competence with each category of firearm, as applicable. The permit is then valid for any firearm within each category of firearm listed on the permit which is owned or obtained by the person.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  NRS 202.3657 is hereby amended to read as follows:

     202.3657  1.  Any person who is a resident of this State may apply to the sheriff of the county in which he or she resides for a permit on a form prescribed by regulation of the Department. Any person who is not a resident of this State may apply to the sheriff of any county in this State for a permit on a form prescribed by regulation of the Department. Application forms for permits must be furnished by the sheriff of each county upon request.

     2.  A person applying for a permit may submit one application and obtain one permit to carry all revolvers and semiautomatic firearms owned by the person. The person must not be required to list and identify on the application each revolver or semiautomatic firearm owned by the person. A permit must list each category of firearm to which the permit pertains and is valid for any revolver or semiautomatic firearm which is owned or thereafter obtained by the person to whom the permit is issued.

     3.  Except as otherwise provided in this section, the sheriff shall issue a permit for revolvers, [one or more specific] semiautomatic firearms [,] or [for revolvers and one or more specific semiautomatic firearms,] both, as applicable, to any person who is qualified to possess the [firearm or] firearms to which the application pertains under state and federal law, who submits an application in accordance with the provisions of this section and who:

     (a) Is 21 years of age or older;

     (b) Is not prohibited from possessing a firearm pursuant to NRS 202.360; and

 


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     (c) Demonstrates competence with revolvers, [each specific semiautomatic firearm to which the application pertains, or revolvers and each such] semiautomatic [firearm,] firearms or both, as applicable, by presenting a certificate or other documentation to the sheriff which shows that the applicant:

           (1) Successfully completed a course in firearm safety approved by a sheriff in this State; or

           (2) Successfully completed a course in firearm safety offered by a federal, state or local law enforcement agency, community college, university or national organization that certifies instructors in firearm safety.

Ê Such a course must include instruction in the use of revolvers, [each semiautomatic firearm to which the application pertains, or revolvers and each such] semiautomatic [firearm] firearms or both, as applicable, and in the laws of this State relating to the use of a firearm. A sheriff may not approve a course in firearm safety pursuant to subparagraph (1) unless the sheriff determines that the course meets any standards that are established by the Nevada Sheriffs’ and Chiefs’ Association or, if the Nevada Sheriffs’ and Chiefs’ Association ceases to exist, its legal successor.

     [3.] 4.  The sheriff shall deny an application or revoke a permit if the sheriff determines that the applicant or permittee:

     (a) Has an outstanding warrant for his or her arrest.

     (b) Has been judicially declared incompetent or insane.

     (c) Has been voluntarily or involuntarily admitted to a mental health facility during the immediately preceding 5 years.

     (d) Has habitually used intoxicating liquor or a controlled substance to the extent that his or her normal faculties are impaired. For the purposes of this paragraph, it is presumed that a person has so used intoxicating liquor or a controlled substance if, during the immediately preceding 5 years, the person has been:

           (1) Convicted of violating the provisions of NRS 484C.110; or

           (2) Committed for treatment pursuant to NRS 458.290 to 458.350, inclusive.

     (e) Has been convicted of a crime involving the use or threatened use of force or violence punishable as a misdemeanor under the laws of this or any other state, or a territory or possession of the United States at any time during the immediately preceding 3 years.

     (f) Has been convicted of a felony in this State or under the laws of any state, territory or possession of the United States.

     (g) Has been convicted of a crime involving domestic violence or stalking, or is currently subject to a restraining order, injunction or other order for protection against domestic violence.

     (h) Is currently on parole or probation from a conviction obtained in this State or in any other state or territory or possession of the United States.

     (i) Has, within the immediately preceding 5 years, been subject to any requirements imposed by a court of this State or of any other state or territory or possession of the United States, as a condition to the court’s:

           (1) Withholding of the entry of judgment for a conviction of a felony; or

           (2) Suspension of sentence for the conviction of a felony.

     (j) Has made a false statement on any application for a permit or for the renewal of a permit.

 


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     [4.] 5.  The sheriff may deny an application or revoke a permit if the sheriff receives a sworn affidavit stating articulable facts based upon personal knowledge from any natural person who is 18 years of age or older that the applicant or permittee has or may have committed an offense or engaged in any other activity specified in subsection [3] 4 which would preclude the issuance of a permit to the applicant or require the revocation of a permit pursuant to this section.

     [5.] 6.  If the sheriff receives notification submitted by a court or law enforcement agency of this or any other state, the United States or a territory or possession of the United States that a permittee or an applicant for a permit has been charged with a crime involving the use or threatened use of force or violence, the conviction for which would require the revocation of a permit or preclude the issuance of a permit to the applicant pursuant to this section, the sheriff shall suspend the person’s permit or the processing of the person’s application until the final disposition of the charges against the person. If a permittee is acquitted of the charges, or if the charges are dropped, the sheriff shall restore his or her permit without imposing a fee.

     [6.] 7.  An application submitted pursuant to this section must be completed and signed under oath by the applicant. The applicant’s signature must be witnessed by an employee of the sheriff or notarized by a notary public. The application must include:

     (a) The name, address, place and date of birth, social security number, occupation and employer of the applicant and any other names used by the applicant;

     (b) A complete set of the applicant’s fingerprints taken by the sheriff or his or her agent;

     (c) A front-view colored photograph of the applicant taken by the sheriff or his or her agent;

     (d) If the applicant is a resident of this State, the driver’s license number or identification card number of the applicant issued by the Department of Motor Vehicles;

     (e) If the applicant is not a resident of this State, the driver’s license number or identification card number of the applicant issued by another state or jurisdiction;

     (f) [The make, model and caliber of each] Whether the application pertains to semiautomatic [firearm to which the application pertains, if any;] firearms;

     (g) Whether the application pertains to revolvers;

     (h) A nonrefundable fee in the amount necessary to obtain the report required pursuant to subsection 1 of NRS 202.366; and

     (i) A nonrefundable fee set by the sheriff not to exceed $60.

     Sec. 2.  NRS 202.366 is hereby amended to read as follows:

     202.366  1.  Upon receipt by a sheriff of an application for a permit, the sheriff shall conduct an investigation of the applicant to determine if the applicant is eligible for a permit. In conducting the investigation, the sheriff shall forward a complete set of the applicant’s fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report concerning the criminal history of the applicant. The sheriff shall issue a permit to the applicant unless the applicant is not qualified to possess a handgun pursuant to state or federal law or is not otherwise qualified to obtain a permit pursuant to NRS 202.3653 to 202.369, inclusive, or the regulations adopted pursuant thereto.

 


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     2.  To assist the sheriff in conducting the investigation, any local law enforcement agency, including the sheriff of any county, may voluntarily submit to the sheriff a report or other information concerning the criminal history of an applicant.

     3.  Within 120 days after a complete application for a permit is submitted, the sheriff to whom the application is submitted shall grant or deny the application. If the application is denied, the sheriff shall send the applicant written notification setting forth the reasons for the denial. If the application is granted, the sheriff shall provide the applicant with a permit containing a colored photograph of the applicant and containing such other information as may be prescribed by the Department. The permit must be in substantially the following form:

 

NEVADA CONCEALED FIREARM PERMIT

 

County.............................          Permit Number.............................

Expires.............................          Date of Birth................................

Height..............................          Weight..........................................

Name...............................          Address........................................

City..................................          Zip................................................

                                                                   Photograph

Signature..........................

Issued by.........................

Date of Issue....................

[Make, model and caliber of each authorized semiautomatic firearm, if any   ]

Semiautomatic firearms authorized............................. Yes................. No

Revolvers authorized............................. Yes............................. No

 

     4.  Unless suspended or revoked by the sheriff who issued the permit, a permit expires 5 years after the date on which it is issued.

     Sec. 3.  NRS 202.3677 is hereby amended to read as follows:

     202.3677  1.  If a permittee wishes to renew his or her permit, the permittee must complete and submit to the sheriff who issued the permit an application for renewal of the permit.

     2.  An application for the renewal of a permit must:

     (a) Be completed and signed under oath by the applicant;

     (b) Contain a statement that the applicant is eligible to receive a permit pursuant to NRS 202.3657; and

     (c) Be accompanied by a nonrefundable fee of $25.

Ê If a permittee fails to renew his or her permit on or before the date of expiration of the permit, the application for renewal must include an additional nonrefundable late fee of $15.

     3.  No permit may be renewed pursuant to this section unless the permittee has demonstrated continued competence with revolvers, [with each] semiautomatic [firearm to which the application pertains,] firearms or [with revolvers and each such semiautomatic firearm,] both, as applicable, by successfully completing a course prescribed by the sheriff renewing the permit.

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ê2011 Statutes of Nevada, Page 1783ê

 

CHAPTER 320, SB 133

Senate Bill No. 133–Senator Rhoads

 

CHAPTER 320

 

[Approved: June 13, 2011]

 

AN ACT relating to elections; providing that petition districts from which signatures for an initiative or referendum petition must be gathered are conterminous with congressional districts; providing for the method by which county clerks verify signatures on such petitions; revising certain requirements for petitions of referendum; amending the filing deadline for certain petitions; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law requires the Legislature to create petition districts from which signatures for a petition for initiative must be gathered. (NRS 293.069, 293.127561) Section 1 of this bill provides that petition districts are conterminous with congressional districts. Sections 2 and 5 of this bill provide the manner by which the Secretary of State determines the number of signatures required from each petition district. Section 4 of this bill provides for the manner in which county clerks verify the signatures gathered on a petition. Sections 2-6 of this bill provide that the signature and verification requirements for initiative petitions also apply to petitions for referendum. Section 8 of this bill requires a person who signs a petition to indicate the petition district in which the person resides, if known. Section 9 of this bill amends the filing deadline for initiative petitions proposing an amendment to the Constitution and for petitions for referenda from the third Tuesday in May of an even-numbered year to the third Tuesday in June of an even-numbered year to comply with the holding of the Nevada Supreme Court in We the People Nevada v. Miller, 124 Nev. Adv. Op. 75, 192 P.3d 1166 (2008). Section 10 of this bill requires a circulator of a petition to include his or her street address on the affidavit accompanying the petition.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  NRS 293.069 is hereby amended to read as follows:

     293.069  “Petition district” means a district [established by the Legislature pursuant to NRS 293.127561.] created pursuant to the provisions of NRS 304.060 to 304.120, inclusive, for the election of Representatives in Congress.

     Sec. 2.  NRS 293.127563 is hereby amended to read as follows:

     293.127563  1.  As soon as practicable after each general election, the Secretary of State shall determine the number of signatures required to be gathered from each petition district within the State for a petition for initiative or referendum that proposes a [statute, an amendment to a statute or an amendment to the Constitution of this State.] constitutional amendment or statewide measure.

     2.  To determine the number of signatures required to be gathered from [a] each petition district, the Secretary of State shall calculate the amount that equals 10 percent of the voters who voted in [that petition district] this State at the last preceding general election [.]

 


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State at the last preceding general election [.] and divide that amount by the number of petition districts. Fractional numbers must be rounded up to the nearest whole number.

     Sec. 3.  NRS 293.1276 is hereby amended to read as follows:

     293.1276  1.  Within 4 days, excluding Saturdays, Sundays and holidays, after the submission of a petition containing signatures which are required to be verified pursuant to NRS 293.128, 293.165, 293.172, 293.200, 295.056, 298.109, 306.035 or 306.110, the county clerk shall determine the total number of signatures affixed to the documents and, in the case of a petition for initiative or referendum proposing a [statute, an amendment to a statute or an amendment to the Constitution,] constitutional amendment or statewide measure, shall tally the number of signatures for each petition district contained fully or partially within the county and forward that information to the Secretary of State.

     2.  If the Secretary of State finds that the total number of signatures filed with all the county clerks is less than 100 percent of the required number of registered voters, the Secretary of State shall so notify the person who submitted the petition and the county clerks and no further action may be taken in regard to the petition. If the petition is a petition to recall a county, district or municipal officer, the Secretary of State shall also notify the officer with whom the petition is to be filed.

     3.  After the petition is submitted to the county clerk, it must not be handled by any other person except by an employee of the county clerk’s office until it is filed with the Secretary of State.

     4.  The Secretary of State may adopt regulations establishing procedures to carry out the provisions of this section.

     Sec. 4.  NRS 293.1277 is hereby amended to read as follows:

     293.1277  1.  If the Secretary of State finds that the total number of signatures submitted to all the county clerks is 100 percent or more of the number of registered voters needed to declare the petition sufficient, the Secretary of State shall immediately so notify the county clerks. Within 9 days, excluding Saturdays, Sundays and holidays, after notification, each of the county clerks shall determine the number of registered voters who have signed the documents submitted in the county clerk’s county and, in the case of a petition for initiative or referendum proposing a [statute, an amendment to a statute or an amendment to the Constitution,] constitutional amendment or statewide measure, shall tally the number of signatures for each petition district contained or fully contained within the county clerk’s county. For the purpose of verification pursuant to this section, the county clerk shall not include in his or her tally of total signatures any signature included in the incorrect petition district.

     2.  [If] Except as otherwise provided in subsection 3, if more than 500 names have been signed on the documents submitted to a county clerk, the county clerk shall examine the signatures by sampling them at random for verification. The random sample of signatures to be verified must be drawn in such a manner that every signature which has been submitted to the county clerk is given an equal opportunity to be included in the sample. The sample must include an examination of at least 500 or 5 percent of the signatures, whichever is greater.

     [3.]  If documents were submitted to the county clerk for more than one petition district wholly contained within that county, a separate random sample must be performed for each petition district.

 


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     3.  If a petition district comprises more than one county and the petition is for an initiative or referendum proposing a constitutional amendment or a statewide measure, and if more than 500 names have been signed on the documents submitted for that petition district, the appropriate county clerks shall examine the signatures by sampling them at random for verification. The random sample of signatures to be verified must be drawn in such a manner that every signature which has been submitted to the county clerks within the petition district is given an equal opportunity to be included in the sample. The sample must include an examination of at least 500 or 5 percent of the signatures presented in the petition district, whichever is greater. The Secretary of State shall determine the number of signatures that must be verified by each county clerk within the petition district.

     4.  In determining from the records of registration the number of registered voters who signed the documents, the county clerk may use the signatures contained in the file of applications to register to vote. If the county clerk uses that file, the county clerk shall ensure that every application in the file is examined, including any application in his or her possession which may not yet be entered into the county clerk’s records. The county clerk shall rely only on the appearance of the signature and the address and date included with each signature in making his or her determination.

     [4.] 5.  In the case of a petition for initiative or referendum proposing a [statute, an amendment to a statute or an amendment to the Constitution,] constitutional amendment or statewide measure, when the county clerk is determining the number of registered voters who signed the documents from each petition district contained fully or partially within the county clerk’s county, he or she must use the statewide voter registration list available pursuant to NRS 293.675.

     [5.] 6.  Except as otherwise provided in subsection [7,] 8, upon completing the examination, the county clerk shall immediately attach to the documents a certificate properly dated, showing the result of the examination, including the tally of signatures by petition district, if required, and transmit the documents with the certificate to the Secretary of State. [If] In the case of a petition for initiative or referendum proposing a constitutional amendment or statewide measure, if a petition district comprises more than one county , [and the petition proposes a statute, an amendment to a statute or an amendment to the Constitution,] the appropriate county clerks shall comply with the regulations adopted by the Secretary of State pursuant to this section to complete the certificate. A copy of this certificate must be filed in the clerk’s office. When the county clerk transmits the certificate to the Secretary of State, the county clerk shall notify the Secretary of State of the number of requests to remove a name received by the county clerk pursuant to NRS 295.055 or 306.015.

     [6.] 7.  A person who submits a petition to the county clerk which is required to be verified pursuant to NRS 293.128, 293.165, 293.172, 293.200, 295.056, 298.109, 306.035 or 306.110 must be allowed to witness the verification of the signatures. A public officer who is the subject of a recall petition must also be allowed to witness the verification of the signatures on the petition.

     [7.] 8.  For any petition containing signatures which are required to be verified pursuant to the provisions of NRS 293.165, 293.200, 306.035 or 306.110 for any county, district or municipal office within one county, the county clerk shall not transmit to the Secretary of State the documents containing the signatures of the registered voters.

 


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ê2011 Statutes of Nevada, Page 1786 (Chapter 320, SB 133)ê

 

or 306.110 for any county, district or municipal office within one county, the county clerk shall not transmit to the Secretary of State the documents containing the signatures of the registered voters.

     [8.] 9.  The Secretary of State shall by regulation establish further procedures for carrying out the provisions of this section.

     Sec. 5.  NRS 293.1278 is hereby amended to read as follows:

     293.1278  1.  If the certificates received by the Secretary of State from all the county clerks establish that the number of valid signatures is less than 90 percent of the required number of registered voters, the petition shall be deemed to have failed to qualify, and the Secretary of State shall immediately so notify the petitioners and the county clerks.

     2.  If those certificates establish that the number of valid signatures is equal to or more than the sum of 100 percent of the number of registered voters needed to make the petition sufficient plus the total number of requests to remove a name received by the county clerks pursuant to NRS 295.055 or 306.015 and, in the case of a petition for initiative or referendum proposing a [statute, an amendment to a statute or an amendment to the Constitution,] constitutional amendment or statewide measure, that the petition has the minimum number of signatures required for each petition district, the petition shall be deemed to qualify as of the date of receipt by the Secretary of State of those certificates, and the Secretary of State shall immediately so notify the petitioners and the county clerks.

     3.  If the certificates establish that the petitioners have 100 percent or more of the number of registered voters needed to make the petition sufficient but the petition fails to qualify pursuant to subsection 2, each county clerk who received a request to remove a name pursuant to NRS 295.055 or 306.015 shall remove each name as requested, amend the certificate and transmit the amended certificate to the Secretary of State. If the amended certificates establish that the petitioners have 100 percent or more of the number of registered voters needed to make the petition sufficient and, in the case of a petition for initiative or referendum proposing a [statute, an amendment to a statute or an amendment to the Constitution,] constitutional amendment or statewide measure, that the petition has the minimum number of signatures required for each petition district, the petition shall be deemed to qualify as of the date of receipt by the Secretary of State of the amended certificates, and the Secretary of State shall immediately so notify the petitioners and the county clerks.

     Sec. 6.  NRS 293.1279 is hereby amended to read as follows:

     293.1279  1.  If the statistical sampling shows that the number of valid signatures filed is 90 percent or more, but less than the sum of 100 percent of the number of signatures of registered voters needed to declare the petition sufficient plus the total number of requests to remove a name received by the county clerks pursuant to NRS 295.055 or 306.015, the Secretary of State shall order the county clerks to examine the signatures for verification. The county clerks shall examine the signatures for verification until they determine that 100 percent of the number of signatures of registered voters needed to declare the petition sufficient are valid. If the county clerks received a request to remove a name pursuant to NRS 295.055 or 306.015, the county clerks may not determine that 100 percent of the number of signatures of registered voters needed to declare the petition sufficient are valid until they have removed each name as requested pursuant to NRS 295.055 or 306.015.

 


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ê2011 Statutes of Nevada, Page 1787 (Chapter 320, SB 133)ê

 

signatures of registered voters needed to declare the petition sufficient are valid until they have removed each name as requested pursuant to NRS 295.055 or 306.015.

     2.  Except as otherwise provided in this subsection, if the statistical sampling shows that the number of valid signatures filed in any county is 90 percent or more but less than the sum of 100 percent of the number of signatures of registered voters needed to constitute 10 percent of the number of voters who voted at the last preceding general election in that county plus the total number of requests to remove a name received by the county clerk in that county pursuant to NRS 295.055 or 306.015, the Secretary of State may order the county clerk in that county to examine every signature for verification. If the county clerk received a request to remove a name pursuant to NRS 295.055 or 306.015, the county clerk may not determine that 100 percent or more of the number of signatures of registered voters needed to constitute 10 percent of the number of voters who voted at the last preceding general election in that county are valid until the county clerk has removed each name as requested pursuant to NRS 295.055 or 306.015. In the case of a petition for initiative or referendum that proposes a [statute, an amendment to a statute or an amendment to the Constitution of this State,] constitutional amendment or statewide measure, if the statistical sampling shows that the number of valid signatures in any petition district is 90 percent or more but less than the sum of 100 percent of the number of signatures of registered voters required for that petition district pursuant to NRS 295.012 plus the total number of requests to remove a name received by the county clerk or county clerks, if the petition district comprises more than one county, pursuant to NRS 295.055, the Secretary of State may order a county clerk to examine every signature for verification.

     3.  Within 12 days, excluding Saturdays, Sundays and holidays, after receipt of such an order, the county clerk or county clerks shall determine from the records of registration what number of registered voters have signed the petition and, if appropriate, tally those signatures by petition district. If necessary, the board of county commissioners shall allow the county clerk additional assistants for examining the signatures and provide for their compensation. In determining from the records of registration what number of registered voters have signed the petition and in determining in which petition district the voters reside, the county clerk must use the statewide voter registration list. The county clerk may rely on the appearance of the signature and the address and date included with each signature in determining the number of registered voters that signed the petition.

     4.  Except as otherwise provided in subsection 5, upon completing the examination, the county clerk or county clerks shall immediately attach to the documents of the petition an amended certificate, properly dated, showing the result of the examination and shall immediately forward the documents with the amended certificate to the Secretary of State. A copy of the amended certificate must be filed in the county clerk’s office. In the case of a petition for initiative or referendum to propose a [statute, an amendment to a statute or an amendment to the Constitution,] constitutional amendment or statewide measure, if a petition district comprises more than one county, the county clerks shall comply with the regulations adopted by the Secretary of State pursuant to this section to complete the amended certificate.

 


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     5.  For any petition containing signatures which are required to be verified pursuant to the provisions of NRS 293.165, 293.200, 306.035 or 306.110 for any county, district or municipal office within one county, the county clerk shall not forward to the Secretary of State the documents containing the signatures of the registered voters.

     6.  Except for a petition to recall a county, district or municipal officer, the petition shall be deemed filed with the Secretary of State as of the date on which the Secretary of State receives certificates from the county clerks showing the petition to be signed by the requisite number of voters of the State.

     7.  If the amended certificates received from all county clerks by the Secretary of State establish that the petition is still insufficient, the Secretary of State shall immediately so notify the petitioners and the county clerks. If the petition is a petition to recall a county, district or municipal officer, the Secretary of State shall also notify the officer with whom the petition is to be filed.

     8.  The Secretary of State shall adopt regulations to carry out the provisions of this section.

     Sec. 7.  NRS 295.012 is hereby amended to read as follows:

     295.012  [A petition for initiative that proposes a statute, an amendment to a statute or an amendment to the Constitution must be proposed by a number of registered voters from each petition district in the State that is at least equal to 10 percent of the voters who voted in that petition district at the last preceding general election.] The number of registered voters required pursuant to Section 1 of Article 19 of the Nevada Constitution to propose a petition for referendum must be apportioned equally among the petition districts, and the number of signatures required from each petition district must be equal.

     Sec. 8.  NRS 295.055 is hereby amended to read as follows:

     295.055  1.  The Secretary of State shall by regulation specify:

     (a) The format for the signatures on a petition for an initiative or referendum and make free specimens of the format available upon request. The regulations must ensure that the format includes, without limitation, that:

           (1) In addition to signing the petition, a person who signs a petition:

                (I) Shall print the person’s given name followed by the person’s surname on the petition before the person’s signature; and

                (II) [May] Must indicate the petition district in which the person resides , [. If the person does not indicate the petition district on the petition, the circulator shall indicate the petition district of the person] if known.

           (2) Each signature must be dated.

     (b) The manner of fastening together several sheets circulated by one person to constitute a single document.

     2.  The registered voter may consult the list of the registered voters in this State posted on the website maintained by the Secretary of State pursuant to subsection 1 of NRS 293.4687 to determine the petition district in which the registered voter resides. The registered voter may rely on the information contained in the list when the registered voter indicates the appropriate petition district, unless the registered voter believes that the information is inaccurate.

     3.  Each document of the petition must bear the name of a [county,] petition district, and only registered voters of that [county] petition district may sign the document.

 


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     4.  A person who signs a petition may request that the county clerk remove the person’s name from the petition by transmitting a request in writing to the county clerk at any time before the petition is filed with the county clerk.

     Sec. 9.  NRS 295.056 is hereby amended to read as follows:

     295.056  1.  Before a petition for initiative or referendum is filed with the Secretary of State, the petitioners must submit to each county clerk for verification pursuant to NRS 293.1276 to 293.1279, inclusive, the document or documents which were circulated for signature within the clerk’s county. The clerks shall give the person submitting a document or documents a receipt stating the number of documents and pages and the person’s statement of the number of signatures contained therein.

     2.  If a petition for initiative proposes a statute or an amendment to a statute, the document or documents must be submitted not later than the second Tuesday in November of an even-numbered year.

     3.  If a petition for initiative proposes an amendment to the Constitution, the document or documents must be submitted not later than the third Tuesday in [May] June of an even-numbered year.

     4.  If the petition is for referendum, the document or documents must be submitted not later than the third Tuesday in [May] June of an even-numbered year.

     5.  All documents which are submitted to a county clerk for verification must be submitted at the same time. If documents concerning the same petition are submitted for verification to more than one county clerk, the documents must be submitted to each county clerk on the same day. At the time that the petition is submitted to a county clerk for verification, the petitioners may designate a contact person who is authorized by the petitioners to address questions or issues relating to the petition.

     Sec. 10.  NRS 295.0575 is hereby amended to read as follows:

     295.0575  A petition for a constitutional amendment or a petition for a statewide measure proposed by an initiative or referendum may consist of more than one document. Each document of a petition must have attached to it when submitted an affidavit executed by the circulator thereof stating:

     1.  That the circulator personally circulated the document . [;]

     2.  The street address of the residence where the circulator actually resides, unless a street address has not been assigned. If a street address has not been assigned, the document must contain the mailing address of the circulator.

     3.  The number of signatures thereon . [;

     3.] 4.  That all the signatures were affixed in the circulator’s presence . [; and

     4.] 5.  That each signer had an opportunity before signing to read the full text of the act or resolution on which the initiative or referendum is demanded.

     Sec. 11.  NRS 293.127561, 293.127562 and 295.005 are hereby repealed.

     Sec. 12.  This act becomes effective upon passage and approval.

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ê2011 Statutes of Nevada, Page 1790ê

 

CHAPTER 321, SB 154

Senate Bill No. 154–Senator Settelmeyer

 

CHAPTER 321

 

[Approved: June 13, 2011]

 

AN ACT relating to motor vehicles; providing for the issuance of special license plates for family members of persons who died as a result of injuries sustained while on active duty in the Armed Forces of the United States; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Under existing law, certain veterans and family members of veterans are entitled to be issued license plates specially designed by the Department of Motor Vehicles, including veterans who survived the attack on Pearl Harbor, disabled veterans, veterans who were prisoners of war, veterans who were awarded the Purple Heart or the Congressional Medal of Honor and family members of persons who were killed in the line of duty while on active duty in the Armed Forces of the United States. (NRS 482.3765, 482.377, 482.3775, 482.378, 482.3785) This bill entitles qualified persons to be issued license plates specially designed by the Department of Motor Vehicles to indicate that the recipient is a family member of a person who died as a result of injuries sustained while on active duty in the Armed Forces of the United States. This bill excepts these special license plates from: (1) the provisions that require a minimum number of applications for the plates; (2) the requirement that the Commission on Special License Plates approve or disapprove the plates; and (3) the limit on the number of separate designs of special license plates that may be issued by the Department at any one time.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  Chapter 482 of NRS is hereby amended by adding thereto a new section to read as follows:

     1.  Each family member of a person who died as a result of injuries sustained while on active duty in the Armed Forces of the United States is entitled to specially designed license plates which indicate that the person is a family member of a person who died as a result of injuries sustained while on active duty in the Armed Forces of the United States.

     2.  Each person who qualifies for special license plates pursuant to this section may apply for not more than two sets of plates. If the person applies for a second set of plates for an additional vehicle, the second set of plates must have a different number than the first set of plates issued to the same applicant. Special license plates issued pursuant to this section may be used only on a private passenger vehicle, a noncommercial truck or a motor home.

     3.  The Department shall issue specially designed license plates for any person qualified pursuant to this section who submits an application on a form prescribed by the Department and evidence satisfactory to the Department that the person is a family member of a person who died as a result of injuries sustained while on active duty in the Armed Forces of the United States.

 


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ê2011 Statutes of Nevada, Page 1791 (Chapter 321, SB 154)ê

 

Department that the person is a family member of a person who died as a result of injuries sustained while on active duty in the Armed Forces of the United States. The Department may designate any appropriate colors for the special plates.

     4.  If, during a registration year, the holder of a set of special license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, the holder shall:

     (a) Retain the plates and affix them to another vehicle which meets the requirements of this section and report the change to the Department in accordance with the procedure set forth for other transfers; or

     (b) Within 30 days after removing the plates from the vehicle, return them to the Department.

     5.  Except as otherwise provided in this subsection, no fee in addition to the applicable registration and license fees and governmental services taxes may be charged for the issuance or renewal of a set of special license plates pursuant to this section. If the special plates issued pursuant to this section are lost, stolen or mutilated, the owner of the vehicle may secure a set of replacement license plates from the Department for a fee of $5.

     6.  As used in this section:

     (a) “Died as a result of injuries sustained while on active duty in the Armed Forces of the United States” includes persons who die as a result of an injury sustained while on active duty whether or not the person had been discharged from military service at the time of his or her death.

     (b) “Family member” means a widow, widower, parent, stepparent, grandparent, child, stepchild, dependent, sibling, half sibling or stepsibling.

     Sec. 2.  NRS 482.216 is hereby amended to read as follows:

     482.216  1.  Upon the request of a new vehicle dealer, the Department may authorize the new vehicle dealer to:

     (a) Accept applications for the registration of the new motor vehicles he or she sells and the related fees and taxes;

     (b) Issue certificates of registration to applicants who satisfy the requirements of this chapter; and

     (c) Accept applications for the transfer of registration pursuant to NRS 482.399 if the applicant purchased from the new vehicle dealer a new vehicle to which the registration is to be transferred.

     2.  A new vehicle dealer who is authorized to issue certificates of registration pursuant to subsection 1 shall:

     (a) Transmit the applications received to the Department within the period prescribed by the Department;

     (b) Transmit the fees collected from the applicants and properly account for them within the period prescribed by the Department;

     (c) Comply with the regulations adopted pursuant to subsection 4; and

     (d) Bear any cost of equipment which is necessary to issue certificates of registration, including any computer hardware or software.

 


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ê2011 Statutes of Nevada, Page 1792 (Chapter 321, SB 154)ê

 

     3.  A new vehicle dealer who is authorized to issue certificates of registration pursuant to subsection 1 shall not:

     (a) Charge any additional fee for the performance of those services;

     (b) Receive compensation from the Department for the performance of those services;

     (c) Accept applications for the renewal of registration of a motor vehicle; or

     (d) Accept an application for the registration of a motor vehicle if the

applicant wishes to:

           (1) Obtain special license plates pursuant to NRS 482.3667 to 482.3823, inclusive [;] , and section 1 of this act; or

           (2) Claim the exemption from the governmental services tax provided pursuant to NRS 361.1565 to veterans and their relations.

     4.  The Director shall adopt such regulations as are necessary to carry out the provisions of this section. The regulations adopted pursuant to this subsection must provide for:

     (a) The expedient and secure issuance of license plates and decals by the Department; and

     (b) The withdrawal of the authority granted to a new vehicle dealer pursuant to subsection 1 if that dealer fails to comply with the regulations adopted by the Department.

     Sec. 3.  NRS 482.367004 is hereby amended to read as follows:

     482.367004  1.  There is hereby created the Commission on Special License Plates consisting of five Legislators and three nonvoting members as follows:

     (a) Five Legislators appointed by the Legislative Commission:

           (1) One of whom is the Legislator who served as the Chair of the Assembly Standing Committee on Transportation during the most recent legislative session. That Legislator may designate an alternate to serve in place of the Legislator when absent. The alternate must be another Legislator who also served on the Assembly Standing Committee on Transportation during the most recent legislative session.

           (2) One of whom is the Legislator who served as the Chair of the Senate Standing Committee on Transportation during the most recent legislative session. That Legislator may designate an alternate to serve in place of the Legislator when absent. The alternate must be another Legislator who also served on the Senate Standing Committee on Transportation during the most recent legislative session.

     (b) Three nonvoting members consisting of:

           (1) The Director of the Department of Motor Vehicles, or a designee of the Director.

           (2) The Director of the Department of Public Safety, or a designee of the Director.

           (3) The Director of the Department of Cultural Affairs, or a designee of the Director.

     2.  Each member of the Commission appointed pursuant to paragraph (a) of subsection 1 serves a term of 2 years, commencing on July 1 of each odd-numbered year. A vacancy on the Commission must be filled in the same manner as the original appointment.

 


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ê2011 Statutes of Nevada, Page 1793 (Chapter 321, SB 154)ê

 

     3.  Members of the Commission serve without salary or compensation for their travel or per diem expenses.

     4.  The Director of the Legislative Counsel Bureau shall provide administrative support to the Commission.

     5.  The Commission shall approve or disapprove:

     (a) Applications for the design, preparation and issuance of special license plates that are submitted to the Department pursuant to subsection 1 of NRS 482.367002;

     (b) The issuance by the Department of special license plates that have been designed and prepared pursuant to NRS 482.367002; and

     (c) Except as otherwise provided in subsection 6, applications for the design, preparation and issuance of special license plates that have been authorized by an act of the Legislature after January 1, 2007.

Ê In determining whether to approve such an application or issuance, the Commission shall consider, without limitation, whether it would be appropriate and feasible for the Department to, as applicable, design, prepare or issue the particular special license plate. The Commission shall consider each application in the chronological order in which the application was received by the Department.

     6.  The provisions of paragraph (c) of subsection 5 do not apply with regard to special license plates that are issued pursuant to NRS 482.3785 [.] or section 1 of this act.

     7.  The Commission shall:

     (a) Approve or disapprove any proposed change in the distribution of money received in the form of additional fees. As used in this paragraph, “additional fees” means the fees that are charged in connection with the issuance or renewal of a special license plate for the benefit of a particular cause, fund or charitable organization. The term does not include registration and license fees or governmental services taxes.

     (b) If it approves a proposed change pursuant to paragraph (a) and determines that legislation is required to carry out the change, request the assistance of the Legislative Counsel in the preparation of a bill draft to carry out the change.

     Sec. 4.  NRS 482.367008 is hereby amended to read as follows:

     482.367008  1.  As used in this section, “special license plate” means:

     (a) A license plate that the Department has designed and prepared pursuant to NRS 482.367002 in accordance with the system of application and petition described in that section;

     (b) A license plate approved by the Legislature that the Department has designed and prepared pursuant to NRS 482.3747, 482.37903, 482.37905, 482.37917, 482.379175, 482.37918, 482.37919, 482.3792, 482.3793, 482.37933, 482.37934, 482.37935, 482.379355, 482.379365, 482.37937, 482.379375, 482.37938 or 482.37945; and

     (c) Except for a license plate that is issued pursuant to NRS 482.3785 [,] or section 1 of this act, a license plate that:

           (1) Is approved by the Legislature after July 1, 2005; and

           (2) Differs substantially in design from the license plates that are described in subsection 1 of NRS 482.270.

 


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ê2011 Statutes of Nevada, Page 1794 (Chapter 321, SB 154)ê

 

     2.  Notwithstanding any other provision of law to the contrary, the Department shall not, at any one time, issue more than 25 separate designs of special license plates. Whenever the total number of separate designs of special license plates issued by the Department at any one time is less than 25, the Department shall issue a number of additional designs of special license plates that have been authorized by an act of the Legislature or the application for which has been approved by the Commission on Special License Plates pursuant to subsection 5 of NRS 482.367004, not to exceed a total of 25 designs issued by the Department at any one time. Such additional designs must be issued by the Department in accordance with the chronological order of their authorization or approval.

     3.  Except as otherwise provided in this subsection, on October 1 of each year the Department shall assess the viability of each separate design of special license plate that the Department is currently issuing by determining the total number of validly registered motor vehicles to which that design of special license plate is affixed. The Department shall not determine the total number of validly registered motor vehicles to which a particular design of special license plate is affixed if:

     (a) The particular design of special license plate was designed and prepared by the Department pursuant to NRS 482.367002; and

     (b) On October 1, that particular design of special license plate has been available to be issued for less than 12 months.

     4.  Except as otherwise provided in subsection 6, if, on October 1, the total number of validly registered motor vehicles to which a particular design of special license plate is affixed is:

     (a) In the case of special license plates designed and prepared by the Department pursuant to NRS 482.367002, less than 1,000; or

     (b) In the case of special license plates authorized directly by the Legislature which are described in paragraph (b) of subsection 1, less than the number of applications required to be received by the Department for the initial issuance of those plates,

Ê the Director shall provide notice of that fact in the manner described in subsection 5.

     5.  The notice required pursuant to subsection 4 must be provided:

     (a) If the special license plate generates financial support for a cause or charitable organization, to that cause or charitable organization.

     (b) If the special license plate does not generate financial support for a cause or charitable organization, to an entity which is involved in promoting the activity, place or other matter that is depicted on the plate.

     6.  If, on December 31 of the same year in which notice was provided pursuant to subsections 4 and 5, the total number of validly registered motor vehicles to which a particular design of special license plate is affixed is:

     (a) In the case of special license plates designed and prepared by the Department pursuant to NRS 482.367002, less than 1,000; or

     (b) In the case of special license plates authorized directly by the Legislature which are described in paragraph (b) of subsection 1, less than the number of applications required to be received by the Department for the initial issuance of those plates,

 


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ê2011 Statutes of Nevada, Page 1795 (Chapter 321, SB 154)ê

 

Ê the Director shall, notwithstanding any other provision of law to the contrary, issue an order providing that the Department will no longer issue that particular design of special license plate. Such an order does not require existing holders of that particular design of special license plate to surrender their plates to the Department and does not prohibit those holders from renewing those plates.

     Sec. 5.  NRS 482.36705 is hereby amended to read as follows:

     482.36705  1.  Except as otherwise provided in subsection 2:

     (a) If a new special license plate is authorized by an act of the Legislature after January 1, 2003, other than a special license plate that is authorized pursuant to NRS 482.379375, the Legislature will direct that the license plate not be designed, prepared or issued by the Department unless the Department receives at least 1,000 applications for the issuance of that plate within 2 years after the effective date of the act of the Legislature that authorized the plate.

     (b) In addition to the requirements set forth in paragraph (a), if a new special license plate is authorized by an act of the Legislature after July 1, 2005, the Legislature will direct that the license plate not be issued by the Department unless its issuance complies with subsection 2 of NRS 482.367008.

     (c) In addition to the requirements set forth in paragraphs (a) and (b), if a new special license plate is authorized by an act of the Legislature after January 1, 2007, the Legislature will direct that the license plate not be designed, prepared or issued by the Department unless the Commission on Special License Plates approves the application for the authorized plate pursuant to NRS 482.367004.

     2.  The provisions of subsection 1 do not apply with regard to special license plates that are issued pursuant to NRS 482.3785 [.] or section 1 of this act.

     Sec. 6.  NRS 482.3824 is hereby amended to read as follows:

     482.3824  1.  Except as otherwise provided in NRS 482.38279, with respect to any special license plate that is issued pursuant to NRS 482.3667 to 482.3823, inclusive, and section 1 of this act, and for which additional fees are imposed for the issuance of the special license plate to generate financial support for a charitable organization:

     (a) The Director shall, at the request of the charitable organization that is benefited by the particular special license plate:

           (1) Order the design and preparation of souvenir license plates, the design of which must be substantially similar to the particular special license plate; and

           (2) Issue such souvenir license plates, for a fee established pursuant to NRS 482.3825, only to the charitable organization that is benefited by the particular special license plate. The charitable organization may resell such souvenir license plates at a price determined by the charitable organization.

     (b) The Department may, except as otherwise provided in this paragraph and after the particular special license plate is approved for issuance, issue the special license plate for a trailer, motorcycle or other type of vehicle that is not a passenger car or light commercial vehicle, excluding vehicles required to be registered with the Department pursuant to NRS 706.801 to 706.861, inclusive, upon application by a person who is entitled to license plates pursuant to NRS 482.265 or 482.272 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter or chapter 486 of NRS.

 


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ê2011 Statutes of Nevada, Page 1796 (Chapter 321, SB 154)ê

 

required to be registered with the Department pursuant to NRS 706.801 to 706.861, inclusive, upon application by a person who is entitled to license plates pursuant to NRS 482.265 or 482.272 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter or chapter 486 of NRS. The Department may not issue a special license plate for such other types of vehicles if the Department determines that the design or manufacture of the plate for those other types of vehicles would not be feasible. In addition, if the Department incurs additional costs to manufacture a special license plate for such other types of vehicles, including, without limitation, costs associated with the purchase, manufacture or modification of dies or other equipment necessary to manufacture the special license plate for such other types of vehicles, those additional costs must be paid from private sources without any expense to the State of Nevada.

     2.  If, as authorized pursuant to paragraph (b) of subsection 1, the Department issues a special license plate for a trailer, motorcycle or other type of vehicle that is not a passenger car or light commercial vehicle, the Department shall charge and collect for the issuance and renewal of such a plate the same fees that the Department would charge and collect if the other type of vehicle was a passenger car or light commercial vehicle. As used in this subsection, “fees” does not include any applicable registration or license fees or governmental services taxes.

     3.  As used in this section:

     (a) “Additional fees” has the meaning ascribed to it in NRS 482.38273.

     (b) “Charitable organization” means a particular cause, charity or other entity that receives money from the imposition of additional fees in connection with the issuance of a special license plate pursuant to NRS 482.3667 to 482.3823, inclusive [.] , and section 1 of this act. The term includes the successor, if any, of a charitable organization.

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ê2011 Statutes of Nevada, Page 1797ê

 

CHAPTER 322, SB 194

Senate Bill No. 194–Senator Hardy

 

Joint Sponsors: Assemblymen Hardy and Stewart

 

CHAPTER 322

 

[Approved: June 13, 2011]

 

AN ACT relating to civil practice; urging the Nevada Supreme Court to amend the Nevada Rules of Civil Procedure to require an attorney in certain class actions to provide certain disclosures under certain circumstances; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Under the existing Nevada Rules of Civil Procedure, an attorney in certain class actions is required to make certain disclosures to certain members of the class. Specifically, those disclosures provide that: (1) the court will exclude a member of the class if the member requests such an exclusion, or “opts out” of the class by a specified date; (2) the judgment in the action will include all members of the class who do not opt out of the class; and (3) any member of the class who does not opt out of the class may enter an appearance with the court through the member’s attorney. (N.R.C.P. 23) Under the existing Federal Rules of Civil Procedure, such an attorney is also required to make other disclosures not specifically required pursuant to N.R.C.P. 23, including: (1) the nature of the action; (2) the definition of the class certified; (3) the class claims, issues or defenses; and (4) the time and manner for requesting exclusion from the class. (F.R.C.P. 23) This bill urges the Nevada Supreme Court to amend the Nevada Rules of Civil Procedure to require an attorney in such class actions to make all the disclosures required pursuant to F.R.C.P. 23 to each member of the class.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  The Legislature finds and declares that:

     1.  A class action is an efficient use of judicial resources which provides a method of resolving many similar claims in one lawsuit rather than litigating each of the claims in separate lawsuits.

     2.  A person may benefit greatly from remaining a member of a class and participating in a class action.

     3.  However, a person may also suffer negative consequences as a result of being included in a class action and may not understand that he or she has the ability to opt out of the lawsuit.

     4.  Thus, it is important that each person who is included in a class action make an informed decision regarding whether to remain a member of the class and participate in the lawsuit or to opt out of the lawsuit.

     5.  For a person to make such an informed decision, it is necessary to provide the person with sufficient information regarding the lawsuit and how to opt out of the lawsuit.

     6.  Under the existing Nevada Rules of Civil Procedure, specifically N.R.C.P. 23, an attorney in certain class actions is required to make certain disclosures to certain members of the class.

 


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ê2011 Statutes of Nevada, Page 1798 (Chapter 322, SB 194)ê

 

     7.  Under the existing Federal Rules of Civil Procedure, specifically F.R.C.P. 23, such an attorney is also required to make other disclosures not specifically required pursuant to N.R.C.P. 23, including the nature of the action, the definition of the class certified, the class claims, issues or defenses, and the time and manner for requesting exclusion from the class.

     8.  Providing these additional disclosures would help a member of a class to understand and appreciate more fully his or her decision to remain in the lawsuit or to opt out of the lawsuit.

     9.  Therefore, the Legislature urges the Nevada Supreme Court to amend the Nevada Rules of Civil Procedure to require all the disclosures required pursuant to F.R.C.P. 23.

________

CHAPTER 323, SB 264

Senate Bill No. 264–Senator Leslie

 

CHAPTER 323

 

[Approved: June 13, 2011]

 

AN ACT relating to public health; revising requirements for various reports concerning the care provided by certain medical and related facilities; revising provisions relating to administrative fines collected by the Health Division of the Department of Health and Human Services; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law requires certain medical facilities to submit to the Health Division of the Department of Health and Human Services reports of sentinel events. (NRS 439.835) The term “sentinel event” is defined for the purposes of these reports to mean an unexpected occurrence at the facility which involves facility-acquired infection, death or serious physical or psychological injury or the risk thereof, including, without limitation, any process variation for which a recurrence would carry a significant chance of a serious adverse outcome. (NRS 439.830) The Health Division is required to prepare annual reports concerning those reports which were submitted by medical facilities located in a county whose population is 100,000 or more (currently Clark and Washoe Counties). (NRS 439.840) Section 5 of this bill requires the Health Division to prepare such annual reports for medical facilities in every county and to make those reports available on the Department’s website. Section 5 also requires the Health Division to report that information publicly in a format which allows for comparisons of medical facilities.

       Existing law requires medical facilities which provide care to 25 or more patients per day to submit information to the Internet-based surveillance system established and maintained by the Centers for Disease Control and Prevention of the United States Department of Health and Human Services and requires the Health Division to analyze that information. (NRS 439.847) Section 9 of this bill requires the Health Division to report that information publicly in a format which allows for comparisons of medical facilities.

 


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ê2011 Statutes of Nevada, Page 1799 (Chapter 323, SB 264)ê

 

       Sections 15.3-17 of this bill require hospitals to submit, as part of the program to increase public awareness of health care information concerning hospitals, data relating to the readmission of a patient if the readmission was potentially preventable and clinically related to the initial admission of the patient. Section 20 of this bill requires the Department of Health and Human Services to post that information on an Internet website. Section 16 also authorizes the Department to report certain information concerning the quality of care provided by hospitals if it can be determined from reports already submitted to the Department. Existing law authorizes the Department to seek injunctive relief or civil penalties against facilities that violate the reporting requirements. (NRS 439A.300, 439A.310)

       Sections 21, 22, 24 and 25 of this bill authorize the Health Division to use money which is collected as administrative penalties to administer and carry out the provisions of chapter 449 of NRS and to protect the health and property of the patients and residents of facilities.

       Section 35 of this bill repeals NRS 439.825 and 439.850.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Sections 1-4.  (Deleted by amendment.)

     Sec. 5.  NRS 439.840 is hereby amended to read as follows:

     439.840  1.  The Health Division shall:

     (a) Collect and maintain reports received pursuant to NRS 439.835 and 439.843 and any additional information requested by the Health Division pursuant to NRS 439.841;

     (b) Ensure that such reports, and any additional documents created from such reports, are protected adequately from fire, theft, loss, destruction and other hazards and from unauthorized access;

     (c) Annually prepare a report of sentinel events reported pursuant to NRS 439.835 by a medical facility , [located in a county whose population is 100,000 or more,] including, without limitation, the type of event, the number of events , the rate of occurrence of events, and the medical facility which reported the event [;] , and provide the report for inclusion on the Internet website maintained pursuant to NRS 439A.270; and

     (d) Annually prepare a summary of the reports received pursuant to NRS 439.835 and provide a summary for inclusion on the Internet website maintained pursuant to NRS 439A.270. The Health Division shall maintain the confidentiality of the patient, the provider of health care or other member of the staff of the medical facility identified in the reports submitted pursuant to NRS 439.835 when preparing the annual summary pursuant to this paragraph.

     2.  Except as otherwise provided in this section and NRS 239.0115, reports received pursuant to NRS 439.835 and subsection 1 of NRS 439.843 and any additional information requested by the Health Division pursuant to NRS 439.841 are confidential, not subject to subpoena or discovery and not subject to inspection by the general public.

 


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ê2011 Statutes of Nevada, Page 1800 (Chapter 323, SB 264)ê

 

     3.  The report prepared pursuant to paragraph (c) of subsection 1 must provide to the public information concerning each medical facility which provided medical services and care in the immediately preceding calendar year and must:

     (a) Be presented in a manner that allows a person to view and compare the information for the medical facilities;

     (b) Be readily accessible and understandable by a member of the general public;

     (c) Use standard statistical methodology, including without limitation, risk-adjusted methodology when applicable, and include the description of the methodology and data limitations contained in the report;

     (d) Not identify a patient, provider of health care or other member of the staff of the medical facility; and

     (e) Not be reported for a medical facility if reporting the data would risk identifying a patient.

     Sec. 6.  (Deleted by amendment.)

     Sec. 7.  NRS 439.843 is hereby amended to read as follows:

     439.843  1.  On or before March 1 of each year, each medical facility shall provide to the Health Division, in the form prescribed by the State Board of Health, a summary of the reports submitted by the medical facility pursuant to NRS 439.835 during the immediately preceding calendar year. The summary must include, without limitation:

     (a) The total number and types of sentinel events reported by the medical facility, if any;

     (b) A copy of the patient safety plan established pursuant to NRS 439.865;

     (c) A summary of the membership and activities of the patient safety committee established pursuant to NRS 439.875; and

     (d) Any other information required by the State Board of Health concerning the reports submitted by the medical facility pursuant to NRS 439.835.

     2.  On or before June 1 of each year, the Health Division shall submit to the State Board of Health an annual summary of the reports and information received by the Health Division pursuant to this section. The annual summary must include, without limitation, a compilation of the information submitted pursuant to subsection 1 and any other pertinent information deemed necessary by the State Board of Health concerning the reports submitted by the medical facility pursuant to NRS 439.835. The Health Division shall maintain the confidentiality of the patient, the provider of health care or other member of the staff of the medical facility identified in the reports submitted pursuant to NRS 439.835 and any other identifying information of a person requested by the State Board of Health concerning those reports when preparing the annual summary pursuant to this section.

     Sec. 8.  NRS 439.845 is hereby amended to read as follows:

     439.845  1.  The Health Division shall analyze and report trends regarding sentinel events.

     2.  When the Health Division receives notice from a medical facility that the medical facility has taken corrective action to remedy the causes or contributing factors, or both, of a sentinel event, the Health Division shall:

 


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ê2011 Statutes of Nevada, Page 1801 (Chapter 323, SB 264)ê

 

     (a) Make a record of the information;

     (b) Ensure that the information is [aggregated] released in a manner so as not to reveal the identity of a specific [person or medical facility;] patient, provider of health care or member of the staff of the facility; and

     (c) At least quarterly, report its findings regarding the analysis of [aggregated] trends of sentinel events [to the Repository for Health Care Quality Assurance.] on the Internet website maintained pursuant to NRS 439A.270.

     Sec. 9.  NRS 439.847 is hereby amended to read as follows:

     439.847  1.  Each medical facility which provided medical services and care to an average of 25 or more patients during each business day in the immediately preceding calendar year shall, within 120 days after becoming eligible, participate in the secure, Internet-based surveillance system established by the Division of Healthcare Quality Promotion of the Centers for Disease Control and Prevention of the United States Department of Health and Human Services that integrates patient and health care personnel safety surveillance systems. As part of that participation, the medical facility shall provide, at a minimum, the information required by the Health Division pursuant to this subsection. The Health Division shall by regulation prescribe the information which must be provided by a medical facility, including, without limitation, information relating to infections and procedures.

     2.  Each medical facility which provided medical services and care to an average of less than 25 patients during each business day in the immediately preceding calendar year may participate in the secure, Internet-based surveillance system established by the Division of Healthcare Quality Promotion of the Centers for Disease Control and Prevention of the United States Department of Health and Human Services that integrates patient and health care personnel safety surveillance systems.

     3.  A medical facility that participates in the secure, Internet-based surveillance system established by the Division of Healthcare Quality Promotion shall [authorize] :

     (a) Authorize the Health Division to access all information submitted to the system [, and the Health Division shall enter into an agreement with the Division of Healthcare Quality Promotion to carry out the provisions of this section.] ; and

     (b) Provide consent for the Health Division to include information submitted to the system in the reports posted pursuant to paragraph (b) of subsection 4, including without limitation, permission to identify the medical facility that is the subject of each report.

     4.  The Health Division shall [analyze] :

     (a) Analyze the information submitted to the system by medical facilities pursuant to this section and recommend regulations and legislation relating to the reporting required pursuant to NRS 439.800 to 439.890, inclusive.

     (b) Annually prepare a report of the information submitted to the system by each medical facility pursuant to this section and provide the reports for inclusion on the Internet website maintained pursuant to NRS 439A.270. The information must be reported in a manner that allows a person to compare the information for the medical facilities and expressed as a total number and a rate of occurrence.

 


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     (c) Enter into an agreement with the Division of Healthcare Quality Promotion to carry out the provisions of this section.

     Secs. 10-15.  (Deleted by amendment.)

     Sec. 15.3.  Chapter 439A of NRS is hereby amended by adding thereto a new section to read as follows:

     “Potentially preventable readmission” means an unplanned readmission of a patient which:

     1.  Occurs not more than 30 days after the patient is discharged;

     2.  Is clinically related to the initial admission; and

     3.  Was preventable.

     Sec. 15.7.  NRS 439A.200 is hereby amended to read as follows:

     439A.200  As used in NRS 439A.200 to 439A.290, inclusive, and section 15.3 of this act, unless the context otherwise requires, the words and terms defined in NRS 439A.205 and 439A.210 and section 15.3 of this act have the meanings ascribed to them in those sections.

     Sec. 16.  NRS 439A.220 is hereby amended to read as follows:

     439A.220  1.  The Department shall establish and maintain a program to increase public awareness of health care information concerning the hospitals in this State. The program must be designed to assist consumers with comparing the quality of care provided by the hospitals in this State and the charges for that care.

     2.  The program must include, without limitation, the collection, maintenance and provision of information concerning:

     (a) Inpatients and outpatients of each hospital in this State as reported in the forms submitted pursuant to NRS 449.485;

     (b) The quality of care provided by each hospital in this State as determined by applying [uniform] measures of quality [prescribed by the Department pursuant to NRS 439A.230;

     (c)] endorsed by the entities described in subparagraph (1) of paragraph (b) of subsection 1 of NRS 439A.230, expressed as a number of events and rate of occurrence, if such measures can be applied to the information reported in the forms submitted pursuant to NRS 449.485;

     (c) How consistently each hospital follows recognized practices to prevent the infection of patients, to speed the recovery of patients and to avoid medical complications of patients;

     (d) For each hospital, the total number of patients discharged, the average length of stay and the average billed charges, reported [for the 50 most frequent] by diagnosis-related groups for inpatients and for the 50 medical treatments for outpatients that the Department determines are most useful for consumers; [and]

     (e) The total number of patients discharged from the hospital and the total number of potentially preventable readmissions, which must be expressed as a total number and a rate of occurrence of potentially preventable readmissions, and the average length of stay and the average billed charges for those potentially preventable readmissions; and

     (f) Any other information relating to the charges imposed and the quality of the services provided by the hospitals in this State which the Department determines is:

 


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           (1) Useful to consumers;

           (2) Nationally recognized; and

           (3) Reported in a standard and reliable manner.

     3.  As used in this section, “diagnosis-related group” means groupings of medical diagnostic categories used as a basis for hospital payment schedules by Medicare and other third-party health care plans.

     Sec. 17.  NRS 439A.230 is hereby amended to read as follows:

     439A.230  1.  The Department shall, by regulation:

     (a) Prescribe the information that each hospital in this State must submit to the Department for the program established pursuant to NRS 439A.220.

     (b) Prescribe the measures of quality for hospitals that are required pursuant to paragraph (b) of subsection 2 of NRS 439A.220. In adopting the regulations, the Department shall:

           (1) Use the measures of quality endorsed by the Agency for Healthcare Research and Quality, the National Quality Forum, Centers for Medicare and Medicaid Services of the United States Department of Health and Human Services, a quality improvement organization of the Centers for Medicare and Medicaid Services and the Joint Commission ; [on Accreditation of Healthcare Organizations;]

           (2) Prescribe a reasonable number of measures of quality which must not be unduly burdensome on the hospitals; and

           (3) Take into consideration the financial burden placed on the hospitals to comply with the regulations.

Ê The measures prescribed pursuant to this paragraph must report health outcomes of hospitals, which do not necessarily correlate with the inpatient diagnosis-related groups or the outpatient treatments that are posted on the Internet website pursuant to NRS 439A.270.

     (c) Prescribe the manner in which a hospital must determine whether the readmission of a patient must be reported pursuant to NRS 439A.220 as a potentially preventable readmission and the form for submission of such information.

     (d) Require each hospital to:

           (1) Provide the information prescribed in paragraphs (a) , [and] (b) and (c) in the format required by the Department; and

           (2) Report the information separately for inpatients and outpatients.

     2.  The information required pursuant to this section and NRS 439A.220 must be submitted to the Department not later than 45 days after the last day of each calendar month.

     3.  If a hospital fails to submit the information required pursuant to this section or NRS 439A.220 or submits information that is incomplete or inaccurate, the Department shall send a notice of such failure to the hospital and to the Health Division of the Department.

     Secs. 18 and 19.  (Deleted by amendment.)

     Sec. 20.  NRS 439A.270 is hereby amended to read as follows:

     439A.270  1.  The Department shall establish and maintain an Internet website that includes the information concerning the charges imposed and the quality of the services provided by the hospitals and surgical centers for ambulatory patients in this State as required by the programs established pursuant to NRS 439A.220 and 439A.240. The information must:

 


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     (a) Include, for each hospital in this State, the [total] :

           (1) Total number of patients discharged, the average length of stay and the average billed charges, reported for the [50 most frequent] diagnosis-related groups for inpatients and the 50 medical treatments for outpatients that the Department determines are most useful for consumers; and

           (2) Total number of potentially preventable readmissions reported pursuant to NRS 439A.220, the rate of occurrence of potentially preventable readmissions, and the average length of stay and average billed charges of those potentially preventable readmissions, reported by the diagnosis-related group for inpatients for which the patient originally received treatment at a hospital;

     (b) Include, for each surgical center for ambulatory patients in this State, the total number of patients discharged and the average billed charges, reported for 50 medical treatments for outpatients that the Department determines are most useful for consumers;

     (c) Be presented in a manner that allows a person to view and compare the information for the hospitals by:

           (1) Geographic location of each hospital;

           (2) Type of medical diagnosis; and

           (3) Type of medical treatment;

     (d) Be presented in a manner that allows a person to view and compare the information for the surgical centers for ambulatory patients by:

           (1) Geographic location of each surgical center for ambulatory patients;

           (2) Type of medical diagnosis; and

           (3) Type of medical treatment;

     (e) Be presented in a manner that allows a person to view and compare the information separately for:

           (1) The inpatients and outpatients of each hospital; and

           (2) The outpatients of each surgical center for ambulatory patients;

     (f) Be readily accessible and understandable by a member of the general public;

     (g) Include the annual summary of reports of sentinel events prepared pursuant to paragraph (c) of subsection 1 of NRS 439.840;

     (h) Include the annual summary of reports of sentinel events prepared pursuant to paragraph (d) of subsection 1 of NRS 439.840; [and

     (h)] (i) Include the reports of information prepared for each medical facility pursuant to paragraph (b) of subsection 4 of NRS 439.847; and

     (j) Provide any other information relating to the charges imposed and the quality of the services provided by the hospitals and surgical centers for ambulatory patients in this State which the Department determines is:

           (1) Useful to consumers;

           (2) Nationally recognized; and

           (3) Reported in a standard and reliable manner.

     2.  The Department shall:

     (a) Publicize the availability of the Internet website;

     (b) Update the information contained on the Internet website at least quarterly;

     (c) Ensure that the information contained on the Internet website is accurate and reliable;

 


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     (d) Ensure that the information contained on the Internet website is aggregated so as not to reveal the identity of a specific inpatient or outpatient of a hospital;

     (e) Post a disclaimer on the Internet website indicating that the information contained on the website is provided to assist with the comparison of hospitals and is not a guarantee by the Department or its employees as to the charges imposed by the hospitals in this State or the quality of the services provided by the hospitals in this State, including, without limitation, an explanation that the actual amount charged to a person by a particular hospital may not be the same charge as posted on the website for that hospital;

     (f) Provide on the Internet website established pursuant to this section a link to the Internet website of the Centers for Medicare and Medicaid Services of the United States Department of Health and Human Services; and

     (g) Upon request, make the information that is contained on the Internet website available in printed form.

     3.  As used in this section, “diagnosis-related group” means groupings of medical diagnostic categories used as a basis for hospital payment schedules by Medicare and other third-party health care plans.

     Sec. 21.  NRS 449.0305 is hereby amended to read as follows:

     449.0305  1.  Except as otherwise provided in subsection 5, a person must obtain a license from the Board to operate a business that provides referrals to residential facilities for groups.

     2.  The Board shall adopt:

     (a) Standards for the licensing of businesses that provide referrals to residential facilities for groups;

     (b) Standards relating to the fees charged by such businesses;

     (c) Regulations governing the licensing of such businesses; and

     (d) Regulations establishing requirements for training the employees of such businesses.

     3.  A licensed nurse, social worker, physician or hospital, or a provider of geriatric care who is licensed as a nurse or social worker, may provide referrals to residential facilities for groups through a business that is licensed pursuant to this section. The Board may, by regulation, authorize a public guardian or any other person it determines appropriate to provide referrals to residential facilities for groups through a business that is licensed pursuant to this section.

     4.  A business that is licensed pursuant to this section or an employee of such a business shall not:

     (a) Refer a person to a residential facility for groups that is not licensed.

     (b) Refer a person to a residential facility for groups that is owned by the same person who owns the business.

Ê A person who violates the provisions of this subsection is liable for a civil penalty to be recovered by the Attorney General in the name of the State Board of Health for the first offense of not more than $10,000 and for a second or subsequent offense of not less than $10,000 nor more than $20,000. Unless otherwise required by federal law, the State Board of Health shall deposit all civil penalties collected pursuant to this section into a separate account in the State General Fund to be used [for the enforcement of this section and the protection of] to administer and carry out the provisions of this chapter and to protect the health, safety, well-being and property of the patients and residents of [residential] facilities [for groups.]

 


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the patients and residents of [residential] facilities [for groups.] in accordance with applicable state and federal standards.

     5.  This section does not apply to a medical facility that is licensed pursuant to NRS 449.001 to 449.240, inclusive, on October 1, 1999.

     Sec. 22.  NRS 449.163 is hereby amended to read as follows:

     449.163  1.  If a medical facility or facility for the dependent violates any provision related to its licensure, including any provision of NRS 439B.410 or 449.001 to 449.240, inclusive, or any condition, standard or regulation adopted by the Board, the Health Division, in accordance with the regulations adopted pursuant to NRS 449.165, may:

     (a) Prohibit the facility from admitting any patient until it determines that the facility has corrected the violation;

     (b) Limit the occupancy of the facility to the number of beds occupied when the violation occurred, until it determines that the facility has corrected the violation;

     (c) Impose an administrative penalty of not more than $1,000 per day for each violation, together with interest thereon at a rate not to exceed 10 percent per annum; and

     (d) Appoint temporary management to oversee the operation of the facility and to ensure the health and safety of the patients of the facility, until:

           (1) It determines that the facility has corrected the violation and has management which is capable of ensuring continued compliance with the applicable statutes, conditions, standards and regulations; or

           (2) Improvements are made to correct the violation.

     2.  If a violation by a medical facility or facility for the dependent relates to the health or safety of a patient, an administrative penalty imposed pursuant to paragraph (c) of subsection 1 must be in a total amount of not less than $1,000 and not more than $10,000 for each patient who was harmed or at risk of harm as a result of the violation.

     3.  If the facility fails to pay any administrative penalty imposed pursuant to paragraph (c) of subsection 1, the Health Division may:

     (a) Suspend the license of the facility until the administrative penalty is paid; and

     (b) Collect court costs, reasonable attorney’s fees and other costs incurred to collect the administrative penalty.

     4.  The Health Division may require any facility that violates any provision of NRS 439B.410 or 449.001 to 449.240, inclusive, or any condition, standard or regulation adopted by the Board to make any improvements necessary to correct the violation.

     5.  Any money collected as administrative penalties pursuant to this section must be accounted for separately and used to administer and carry out the provisions of this chapter and to protect the health [or] , safety, well-being and property of the patients and residents of [the facility] facilities in accordance with applicable state and federal standards.

     Sec. 23.  (Deleted by amendment.)

     Sec. 24.  NRS 449.210 is hereby amended to read as follows:

     449.210  1.  Except as otherwise provided in subsection 2 and NRS 449.24897, a person who operates a medical facility or facility for the dependent without a license issued by the Health Division is guilty of a misdemeanor.

 


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     2.  A person who operates a residential facility for groups without a license issued by the Health Division:

     (a) Is liable for a civil penalty to be recovered by the Attorney General in the name of the Health Division for the first offense of not more than $10,000 and for a second or subsequent offense of not less than $10,000 or more than $20,000;

     (b) Shall move all of the persons who are receiving services in the residential facility for groups to a residential facility for groups that is licensed at his or her own expense; and

     (c) May not apply for a license to operate a residential facility for groups for a period of 6 months after the person is punished pursuant to this section.

     3.  Unless otherwise required by federal law, the Health Division shall deposit all civil penalties collected pursuant to this section into a separate account in the State General Fund to be used [for the protection of] to administer and carry out the provisions of this chapter and to protect the health, safety , [and] well-being and property of the patients [, including] and residents of [residential] facilities [for groups.] in accordance with applicable state and federal standards.

     Sec. 25.  NRS 449.2496 is hereby amended to read as follows:

     449.2496  1.  A person who operates or maintains a home for individual residential care without a license issued by the Health Division pursuant to NRS 449.249 is liable for a civil penalty, to be recovered by the Attorney General in the name of the Health Division, for the first offense of $10,000 and for a second or subsequent offense of not less than $10,000 nor more than $20,000.

     2.  Unless otherwise required by federal law, the Health Division shall deposit civil penalties collected pursuant to this section into a separate account in the State General Fund [in the State Treasury] to be used [for the protection of] to administer and carry out the provisions of this chapter and to protect the health, safety, well-being and property of the patients [, including] and residents of facilities [found deficient by the Health Division.] in accordance with applicable state and federal standards.

     3.  A person against whom a civil penalty is assessed by the court pursuant to subsection 1:

     (a) Shall move, at that person’s own expense, all persons receiving services in the home for individual residential care to a licensed home for individual residential care.

     (b) May not apply for a license to operate a home for individual residential care until 6 months have elapsed since the penalty was assessed.

     Secs. 26-34.  (Deleted by amendment.)

     Sec. 35.  NRS 439.825 and 439.850 are hereby repealed.

     Sec. 36.  (Deleted by amendment.)

     Sec. 37.  This act becomes effective on July 1, 2011.

________

 


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CHAPTER 324, SB 259

Senate Bill No. 259–Senator Schneider

 

CHAPTER 324

 

[Approved: June 13, 2011]

 

AN ACT relating to trust companies; revising provisions governing the management of a trust by a family trust company or licensed family trust company; specifying the applicability of the Uniform Prudent Investor Act to a trust managed by a family trust company or licensed family trust company; authorizing a family trust company or licensed family trust company to engage in certain transactions involving the assets of the trust or take certain actions if the transaction or action is in the interest of the beneficiaries and complies with certain other requirements; authorizing a family trust company or licensed family trust company and an interested person to enter into a nonjudicial settlement agreement to resolve any matter related to the management, administration or interpretation of a trust; requiring a family trust company and licensed family trust company to provide an annual report or certain information in lieu of an annual report to certain persons concerning the management of a trust; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law requires a trust company that has been appointed as the fiduciary of a trust to invest and manage the assets of the trust according to the Uniform Prudent Investor Act. (NRS 164.700-164.775) The prudent investor rule requires, among other things, that a fiduciary of a trust diversify the assets of the trust through various investments. (NRS 164.750) Existing law places further restrictions on the types of transactions that a trust company may engage in with the assets of a trust for which it is a fiduciary. (NRS 669A.230) Section 15 of this bill provides an exception to the provisions of the Uniform Prudent Investor Act as it applies to the management of a trust by a family trust company or licensed family trust company. Section 7 of this bill authorizes a family trust company or licensed family trust company to engage in activities and transactions involving the assets of a trust, including the acquisition of concentrated holdings of stocks, bonds, securities or other assets, which might otherwise be prohibited by the Uniform Prudent Investor Act. Section 7 requires that such transactions or actions by a family trust company or licensed family trust company be for a fair price, if applicable, be in the interest of the beneficiaries and comply with the terms of the trust, a written consent agreement, a court order or a notice of proposed action. Furthermore, the transactions authorized by section 7 are not prohibited by a conflict of interest between the parties to the transaction.

       Section 8 of this bill authorizes a family trust company or licensed family trust company and an interested person to enter into a nonjudicial settlement agreement with respect to any matter related to the management, administration or interpretation of a trust. Section 8 also authorizes a family trust company or licensed family trust company or an interested person to petition a court to approve a nonjudicial settlement agreement or to make certain other determinations related to the nonjudicial settlement agreement. Section 9 of this bill requires a family trust company or licensed family trust company that intends to execute a nonjudicial settlement agreement to meet certain notice requirements before executing the nonjudicial settlement agreement and also requires an interested person who receives such notice to object within a certain period to preserve the right to bring certain actions relating to the nonjudicial settlement agreement. Section 9 also authorizes a family trust company or licensed family trust company or an interested person who timely objects to petition the court to approve, disapprove, enforce or modify the nonjudicial settlement agreement.

 


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timely objects to petition the court to approve, disapprove, enforce or modify the nonjudicial settlement agreement. Section 10 of this bill authorizes a family trust company or licensed family trust company to refrain from taking an action that is authorized by a nonjudicial settlement agreement under certain circumstances.

       Section 11 of this bill requires a family trust company and licensed family trust company to provide annual reports to certain persons outlining any transactions taken by the family trust company or licensed family trust company while acting as the fiduciary of a trust and further authorizes the trust company to provide an interested person with certain other information in lieu of an annual report.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  Chapter 669A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 11, inclusive, of this act.

     Sec. 2.  “Interested person” means a person, other than the grantor of a trust, who is:

     1.  A person who would be a necessary party to a judicial proceeding involving a trust; or

     2.  An authorized representative pursuant to NRS 164.038.

     Sec. 3.  Notwithstanding the provisions of any law to the contrary, a family trust company or licensed family trust company, or an employee or agent of a family trust company or licensed family trust company, is not liable to an interested person for any transaction, decision to act or decision to not act if the family trust company or licensed family trust company or employee or agent thereof acted in good faith and in reasonable reliance on the express terms of a trust instrument, a written consent agreement or a court order.

     Sec. 4.  Except as otherwise provided in this chapter or by specific statute, a family trust company or licensed family trust company is subject to the provisions of this chapter only to the extent that the family trust company or licensed family trust company is engaged in the business of a family trust company or licensed family trust company, respectively.

     Sec. 5.  While acting as the fiduciary of a trust, a family trust company or licensed family trust company:

     1.  Shall administer and manage the trust in accordance with the terms of the trust;

     2.  Shall administer and manage the trust in the interest of the beneficiaries of the trust;

     3.  Shall administer and manage the trust in accordance with the provisions of this chapter; and

     4.  May administer and manage the trust by the exercise of discretionary power of administration given to the fiduciary by the terms of the trust instrument.

     Sec. 6.  (Deleted by amendment.)

     Sec. 7.  1.  In addition to the transactions authorized by NRS 669A.230 and notwithstanding the provisions of any other law to the contrary, while acting as the fiduciary of a trust, a family trust company or licensed family trust company may:

 


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     (a) Invest in a security of an investment company or investment trust for which the family trust company or licensed family trust company, or a family affiliate, provides services in a capacity other than as a fiduciary;

     (b) Place a security transaction using a broker that is a family affiliate;

     (c) Invest in an investment contract that is purchased from an insurance company or carrier owned by or affiliated with the family trust company or licensed family trust company, or a family affiliate;

     (d) Enter into an agreement with a beneficiary or grantor of a trust with respect to the appointment or compensation of the fiduciary or a family affiliate;

     (e) Transact with another trust, estate, guardianship or conservatorship for which the family trust company or licensed family trust company is a fiduciary or in which a beneficiary has an interest;

     (f) Make an equity investment in a closely held entity that may or may not be marketable and that is owned or controlled, either directly or indirectly, by one or more beneficiaries, family members or family affiliates;

     (g) Deposit trust money in a financial institution that is owned or operated by a family affiliate;

     (h) Delegate the authority to conduct any transaction or action pursuant to this section to an agent of the family trust company or licensed family trust company, or a family affiliate;

     (i) Purchase, sell, hold, own or invest in any security, bond, real or personal property, stock or other asset of a family affiliate;

     (j) Loan money to or borrow money from:

           (1) A family member of the trust or his or her legal representative;

           (2) Another trust managed by the family trust company or licensed family trust company; or

           (3) A family affiliate;

     (k) Act as proxy in voting any shares of stock which are assets of the trust;

     (l) Exercise any powers of control with respect to any interest in a company that is an asset of the trust, including, without limitation, the appointment of officers or directors who are family affiliates; and

     (m) Receive reasonable compensation for its services or the services of a family affiliate.

     2.  A transaction or action authorized pursuant to subsection 1 must:

     (a) Be for a fair price, if applicable;

     (b) Be in the interest of the beneficiaries; and

     (c) Comply with:

           (1) The terms of the trust instrument establishing the fiduciary relationship;

           (2) A judgment, decree or court order;

           (3) The written consent of each interested person; or

          (4) A notice of proposed action issued pursuant to NRS 164.725.

     3.  Except as otherwise provided in subsection 2, nothing in this section prohibits a family trust company or licensed family trust company from transacting business with or investing in any asset of:

     (a) A trust, estate, guardianship or conservatorship for which the family trust company or licensed family trust company is a fiduciary;

     (b) A family affiliate; or

 


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     (c) Any other company, agent, entity or person for which a conflict of interest may exist.

     4.  A conflict of interest between the fiduciary duty and personal interest of a family trust company or licensed family trust company does not void a transaction or action that:

     (a) Complies with the provisions of this section; or

     (b) Occurred before the family trust company or licensed family trust company entered into a fiduciary relationship pursuant to a trust instrument.

     5.  A transaction by or action of a family trust company or licensed family trust company authorized by this section is not voidable if:

     (a) The transaction or action was authorized by the terms of the trust;

     (b) The transaction or action was approved by a court or pursuant to a court order;

     (c) No interested person commenced a legal action relating to the transaction or action pursuant to subsection 6;

     (d) The transaction or action was authorized by a valid consent agreement, release or pursuant to the issuance of a notice of proposed action issued pursuant to NRS 164.725; or

     (e) The transaction or action occurred before the family trust company or licensed family trust company entered into a fiduciary relationship pursuant to a trust instrument.

     6.  A legal action by an interested person alleging that a transaction or action by a family trust company or licensed family trust company is voidable because of the existence of a conflict of interest must be commenced within 1 year after the date on which the interested person discovered, or by the exercise of due diligence should have discovered, the facts in support of his or her claim.

     7.  Notwithstanding the provisions of any other law to the contrary, a family trust company or licensed family trust company is not required to obtain court approval for any transaction that otherwise complies with the provisions of this section.

     Sec. 8.  1.  A family trust company or licensed family trust company and an interested person may enter into a nonjudicial settlement agreement with respect to any matter involving the management, administration or interpretation of a trust that is managed pursuant to this chapter.

     2.  A nonjudicial settlement agreement that is entered into pursuant to this section must not contain:

     (a) Terms that violate a material purpose of the trust; or

     (b) Terms or conditions that could not be approved by a court.

     3.  The matters that may be resolved by a nonjudicial settlement agreement which is entered into pursuant to this section include, without limitation:

     (a) Those pertaining to any transaction or action authorized pursuant to paragraphs (a) to (m), inclusive, of subsection 1 of section 7 of this act;

     (b) The investment or use of trust assets;

     (c) The lending or borrowing of money;

     (d) The addition, deletion or modification of a term or condition of the trust;

     (e) The interpretation or construction of a term or condition of the trust;

 


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     (f) The designation or transfer of the principal place of administration of the trust;

     (g) The approval of a report or accounting that is provided pursuant to section 11 of this act;

     (h) Direction to a fiduciary to refrain from performing a particular act or the grant to a fiduciary of any necessary or desirable power;

     (i) The resignation or appointment of a fiduciary;

     (j) The liability of a fiduciary for an action related to the management of the trust; and

     (k) The termination of the trust.

     4.  After notice has been provided pursuant to section 9 of this act, a family trust company or licensed family trust company or an interested person may petition a court to approve a nonjudicial settlement agreement, to determine whether the nonjudicial settlement agreement was accurately represented to each interested person or to determine whether the nonjudicial settlement agreement contains terms or conditions that the court could approve. A family trust company or licensed family trust company is not liable to an interested person for taking an action that is authorized by a nonjudicial settlement agreement which has been approved by a court.

     Sec. 9.  1.  A family trust company or licensed family trust company shall provide written notice by personal service or by certified mail to each interested person who is a necessary party to a nonjudicial settlement agreement entered into pursuant to section 8 of this act. A family trust company or licensed family trust company is not required to provide notice to any interested person who has consented in writing to the nonjudicial settlement agreement.

     2.  The notice provided pursuant to this section must:

     (a) Be provided at least 15 days before the execution of the nonjudicial settlement agreement;

     (b) Include a true and correct copy of the nonjudicial settlement agreement;

     (c) State that the notice is provided pursuant to this section and section 8 of this act;

     (d) State the name and mailing address of the family trust company or licensed family trust company;

     (e) State the date by which an objection to the nonjudicial settlement agreement must be made; and

     (f) State the date on which the nonjudicial settlement agreement is to be executed.

     3.  An interested person who receives notice pursuant to this section may object to any term or condition of, or any act that is authorized by, the nonjudicial settlement agreement by submitting his or her objection in writing to the family trust company or licensed family trust company within 1 year after the date on which the interested person received the notice. Except as otherwise provided in subsection 5, if an interested person does not object within 1 year after receiving notice, his or her objection is waived, and the interested person may not bring any action relating to the terms and conditions of, or any act taken pursuant to, the nonjudicial settlement agreement.

     4.  An interested person who objects within the period specified in subsection 3 may petition the court for an order to approve, disapprove, enforce or modify the nonjudicial settlement agreement.

 


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enforce or modify the nonjudicial settlement agreement. The burden is on the interested person to prove that the nonjudicial settlement agreement should be approved, disapproved, enforced or modified.

     5.  The provisions of subsection 3 do not prohibit an interested person who has received notice pursuant to this section and who fails to object to the nonjudicial settlement agreement within 1 year after receiving the notice from bringing an action alleging that the nonjudicial settlement agreement was procured fraudulently, or entered into by the family trust company or licensed family trust company in bad faith or in willful violation of the terms of the trust. A person who brings such an action has the burden of proving by clear and convincing evidence that the nonjudicial settlement agreement was procured fraudulently, in bad faith or in willful violation of the terms of the trust.

     6.  Except as otherwise provided in subsection 5, if no interested person who is entitled to receive notice pursuant to this section objects to the nonjudicial settlement agreement within 1 year after receiving the notice, a family trust company or licensed family trust company is not liable to any interested person for taking any action that is authorized by the nonjudicial settlement agreement.

     Sec. 10.  1.  A family trust company or licensed family trust company may refrain from taking an action that is authorized by a nonjudicial settlement agreement if the family trust company or licensed family trust company determines in good faith that the action is not in the interest of the beneficiaries of the trust.

     2.  A family trust company or licensed family trust company that refrains from taking an action pursuant to subsection 1 shall provide written notice to each interested person within 15 days after its decision not to take the action and include in the notice the reasons for not taking the action.

     3.  An interested person who receives notice pursuant to subsection 2 may petition the court for an order requiring the family trust company or licensed family trust company to take the action authorized by the nonjudicial settlement agreement. The burden is on the beneficiary to prove that the proposed action is in the interest of the beneficiaries of the trust and should be taken.

     4.  A family trust company or licensed family trust company is not liable to an interested person for not taking an action that is authorized by a nonjudicial settlement agreement if the family trust company or licensed family trust company acted in good faith in not taking the action.

     Sec. 11.  1.  Except as otherwise provided in subsection 4, a family trust company or licensed family trust company, while acting as the fiduciary of a trust, shall provide an annual report to each interested person for each year of the existence of the trust until the trust is terminated, at which time the trust company shall provide to each interested person a final report.

     2.  A report that is provided pursuant to this section must, for the year immediately preceding the report, provide an accounting of:

     (a) Each asset and liability of the trust and its current market value or amount, if known;

     (b) Each disbursement of income or principal, including the amount of the disbursement and to whom the disbursement was made;

 


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     (c) All payments of compensation from any source to the family trust company or licensed family trust company or any other person for services rendered; and

     (d) Any other transaction involving an asset of the trust.

     3.  An interested person who is entitled to a report pursuant to this section may waive his or her right to the report by submitting a written waiver to the family trust company or licensed family trust company. An interested person who waives his or her right to a report may withdraw the waiver by submitting to the family trust company or licensed family trust company a written request for a report.

     4.  A family trust company or licensed family trust company is not required to provide a report pursuant to this section if the terms of the trust provide an exception to this requirement.

     5.  A family trust company or licensed family trust company may require an interested person who is entitled to receive confidential information pursuant to this section to execute a confidentiality agreement before providing the person with any confidential information.

     6.  In lieu of the information that a trustee is required to provide to an interested person pursuant to subsection 2, a trustee may provide to an interested person a statement indicating the accounting period and a financial report of the trust which is prepared by a certified public accountant and which summarizes the information required by paragraphs (a) to (d), inclusive, of subsection 2. Upon request, the trustee shall make all the information used in the preparation of the financial report available to each interested person who was provided a copy of the financial report pursuant to this subsection.

     7.  For the purposes of this chapter, information provided by a trustee to an interested person pursuant to subsection 6 is deemed an annual report.

     8.  A trustee may provide an annual report to an interested person via electronic mail or through a secure Internet website.

     Sec. 12.  NRS 669A.020 is hereby amended to read as follows:

     669A.020  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 669A.030 to 669A.090, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.

     Sec. 13.  NRS 669A.060 is hereby amended to read as follows:

     669A.060  “Family affiliate” means a company or other entity with respect to which [a] one or more family [member possesses,] members or affiliates own, directly or indirectly, a material interest in the company or entity, or possess, directly or indirectly, the power to direct or cause the direction of the management and policies of that company or entity, whether through the ownership of voting securities, by contract, power of direction or otherwise.

     Sec. 13.5.  NRS 669A.230 is hereby amended to read as follows:

     669A.230  1.  Except as otherwise provided in subsection 2, the assets forming the minimum capital of a licensed family trust company pursuant to NRS 669A.160 must:

     (a) Consist of:

           (1) Cash;

           (2) Governmental obligations or insured deposits that mature within 3 years after acquisition;

 


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           (3) Readily marketable securities or other liquid, secure assets, bonds, sureties or insurance; or

           (4) Any combination thereof.

     (b) Have an aggregate market value that equals or exceeds 100 percent of the company’s required stockholders’ equity.

     2.  A licensed family trust company may purchase or rent real or personal property for use in the conduct of the business and other activities of the company.

     3.  [Notwithstanding] Except as otherwise provided in section 7 of this act, and notwithstanding any other provisions of law to the contrary, a licensed family trust company may invest its funds for its own account, other than those required or permitted to be maintained by subsection 1 or 2, in any type or character of equity securities, debt securities or other asset provided the investment complies with the prudent investor standards set forth in NRS 164.700 to 164.775, inclusive.

     4.  [Notwithstanding] Except as otherwise provided in section 7 of this act and notwithstanding the provisions of any other law to the contrary, a family trust company is authorized while acting as a fiduciary to purchase for the fiduciary estate, directly from underwriters or distributors or in the secondary market:

     (a) Bonds or other securities underwritten or distributed by the family trust company or an affiliate thereof or by a syndicate which includes the family trust company, provided that the family trust company discloses in any written communication or account statement reflecting the purchase of those bonds or securities the nature of the interest of the family trust company in the underwriting or distribution of those bonds and securities and whether the family trust company received any fee in connection with the purchase; and

     (b) Securities of any investment company [as defined under the Investment Company Act of 1940] for which the family trust company acts as advisor, custodian, distributor, manager, registrar, shareholder servicing agent, sponsor or transfer agent, or provided the family trust company discloses in any written communication or account statement reflecting the purchase of the securities the nature of the relationship and whether the family trust company received any fee for providing those services.

     5.  [The] Except as otherwise provided in section 7 of this act, the authority granted in subsection 4 may be exercised only if:

     (a) The investment is not expressly prohibited by the instrument, judgment, decree or order establishing the fiduciary relationship;

     (b) The family trust company discloses in writing to the person or persons to whom it sends account statements its intent to exercise the authority granted in subsection 4 before the first exercise of that authority; and

     (c) The family trust company procures in writing the consent of its cofiduciaries with discretionary investment powers, if any, to the investment.

     6.  [A] Except as otherwise provided in section 7 of this act, a family trust company may:

     (a) Invest in the securities of an investment company [as defined under the federal Investment Company Act of 1940] or investment trust, to which the family trust company or its affiliate provides services in a capacity other than as trustee. The investment is not presumed to be affected by a conflict between personal and fiduciary interests if the investment complies with the prudent investor standards set forth in NRS 164.700 to 164.775, inclusive.

 


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between personal and fiduciary interests if the investment complies with the prudent investor standards set forth in NRS 164.700 to 164.775, inclusive.

     (b) Be compensated by an investment company or investment trust described in paragraph (a) for providing services in a capacity other than as trustee if the family trust company discloses at least annually to each person to whom it sends account statements the rate and method by which the compensation was determined.

     7.  [Nothing] Except as otherwise provided in section 7 of this act, nothing in subsections 4, 5 and 6 shall affect the degree of prudence which is required of fiduciaries under the laws of this State. Any bonds or securities purchased under authority of this section are not presumed to be affected by a conflict between the fiduciary’s personal and fiduciary interest if the purchase of the bonds or securities:

     (a) Is at a fair price;

     (b) Is in accordance with:

           (1) The interest of the beneficiaries; and

           (2) The purposes of the trusts; and

     (c) Complies with:

           (1) The prudent investor standards set forth in NRS 164.700 to 164.775, inclusive; and

           (2) The terms of the instrument, judgment, decree or order establishing the fiduciary relationship.

     8.  [Notwithstanding] Except as otherwise provided in section 7 of this act and notwithstanding the provisions of subsections 4 to 7, inclusive, a family trust company which is authorized to exercise trust powers in this State and which is acting as a fiduciary shall not purchase for the fiduciary estate any fixed income or equity security issued by the family trust company or an affiliate thereof unless:

     (a) The family trust company is expressly authorized to do so by:

           (1) The terms of the instrument creating the trust;

           (2) A court order;

           (3) The written consent of the grantor of the trust; or

           (4) The written consent of every adult beneficiary of the trust who, at the time notice is provided pursuant to paragraph (b) of subsection 5, receives or is entitled to receive income under the trust or who would be entitled to receive a distribution of principal if the trust were terminated; or

     (b) The purchase of the security:

           (1) Is at a fair price; and

           (2) Complies with:

                (I) The prudent investor standards set forth in NRS 164.700 to 164.775, inclusive; and

                (II) The terms of the instrument, judgment, decree or order establishing the fiduciary relationship.

     9.  As used in this section:

     (a) “Face-amount certificate” has the meaning ascribed to it in 15 U.S.C. § 80a-2(a)(15).

     (b) “Government securities” has the meaning ascribed to it in 15 U.S.C. § 80a-2(a)(16).

     (c) “Investment company” means any issuer which:

           (1) Is or holds itself out as being engaged primarily, or proposes to engage primarily, in the business of investing, reinvesting or trading in securities;

 


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ê2011 Statutes of Nevada, Page 1817 (Chapter 324, SB 259)ê

 

           (2) Is engaged or proposes to engage in the business of issuing face-amount certificates of the installment type, or has been engaged in such business and has any such certificate outstanding; or

           (3) Is engaged or proposes to engage in the business of investing, reinvesting, owning, holding or trading in securities, and owns or proposes to acquire investment securities having a value exceeding 40 percent of the value of the total assets of the issuer, exclusive of government securities and cash items, on an unconsolidated basis.

     (d) “Issuer” has the meaning ascribed to it in 15 U.S.C. § 80a-2(a)(22).

     Sec. 14.  NRS 90.250 is hereby amended to read as follows:

     90.250  “Investment adviser” means any person who, for compensation, engages in the business of advising others as to the value of securities or as to the advisability of investing in, purchasing or selling securities, or who, for compensation and as a part of a regular business, issues or promulgates analyses or reports concerning securities. The term does not include:

     1.  An employee of an adviser;

     2.  A depository institution;

     3.  A lawyer, accountant, engineer or teacher whose performance of investment advisory services is solely incidental to the practice of the person’s profession;

     4.  A broker-dealer whose performance of investment advisory services is solely incidental to the conduct of business as a broker-dealer and who receives no special compensation for the investment advisory services;

     5.  A publisher, employee or columnist of a newspaper, news magazine or business or financial publication, or an owner, operator, producer or employee of a cable, radio or television network, station or production facility if, in either case, the financial or business news published or disseminated is made available to the general public and the content does not consist of rendering advice on the basis of the specific investment situation of each client;

     6.  A person whose advice, analyses or reports relate only to securities exempt under paragraph (a) of subsection 2 of NRS 90.520; [or]

     7.  A family trust company or licensed family trust company or an employee or agent of a family trust company or licensed family trust company that is engaged in the business of a family trust company or licensed family trust company pursuant to chapter 669A of NRS, and that is exempt from registration as an investment adviser pursuant to the federal Investment Advisers Act of 1940; or

     8.  Any other person the Administrator by regulation or order designates.

     Sec. 15.  NRS 164.740 is hereby amended to read as follows:

     164.740  [A] Except as otherwise provided in chapter 669A of NRS, a trustee who invests and manages trust property owes a duty to the beneficiaries of the trust to comply with the prudent investor rule as set forth in NRS 164.700 to 164.775, inclusive, but a trustee is not liable to a beneficiary to the extent that the trustee acted in reasonable reliance on the terms of the trust.

     Sec. 16.  This act becomes effective upon passage and approval.

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ê2011 Statutes of Nevada, Page 1818ê

 

CHAPTER 325, SB 238

Senate Bill No. 238–Senator Manendo (by request)

 

CHAPTER 325

 

[Approved: June 13, 2011]

 

AN ACT relating to motor vehicles; increasing the membership and revising the duties of the Advisory Board on Automotive Affairs; establishing certain qualifications for membership on the Board; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       The Advisory Board on Automotive Affairs consists of seven members appointed by the Governor. One member represents the Department of Motor Vehicles, the general public is represented by two members, and body shops, automobile wreckers, garages and salvage pools are each represented by one member. The Board’s duties include: (1) studying the regulation of the businesses and industries that are represented on the Board; (2) analyzing and advising the Department with respect to consumer complaints relating to those businesses and industries; and (3) making recommendations to the Department for regulations or legislation concerning those businesses and industries. Before each regular session of the Legislature, the Board prepares a report of its activities and recommendations for submission to the Governor and the Legislature. (NRS 487.002)

       This bill increases the membership of the Board to 10 members. Three new members are added, one to represent each of the following businesses or industries: (1) authorized emissions stations; (2) insurers of motor vehicles; and (3) new or used motor vehicle dealers. This bill also establishes certain qualifications for membership on the Board. Every member must have been a resident of this state for at least 5 years immediately preceding his or her appointment. This bill also requires that at least one of the two members appointed to represent the general public be a resident of a county whose population is less than 55,000 (currently counties other than Clark and Washoe Counties and Carson City). In addition, each member appointed to represent a business or industry must hold the appropriate license or registration to engage in that business or industry and must have been actively engaged in that business or industry for at least 3 of the 5 years immediately preceding his or her appointment. Finally, this bill requires the Board to extend the scope of its existing duties to include all the businesses and industries, except for insurers of motor vehicles, that are represented on the Board.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  NRS 487.002 is hereby amended to read as follows:

     487.002  1.  The Advisory Board on Automotive Affairs, consisting of [seven] 10 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 garage operators;

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

 


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ê2011 Statutes of Nevada, Page 1819 (Chapter 325, SB 238)ê

 

     (f) [Two representatives] One representative of licensed operators of authorized emissions stations;

     (g) One representative of licensed insurers of motor vehicles;

     (h) One representative of licensed new or used motor vehicle dealers; and

     (i) Two representatives of the general public [.] , at least one of whom must be a resident of a county whose population is less than 55,000. A member appointed pursuant to this paragraph must not be:

           (1) A holder of a license or registration identified in paragraphs (b) to (h), inclusive; or

           (2) The spouse or the parent or child, by blood, marriage or adoption, of a holder of such a license or registration.

     3.  Each member appointed must, at the time of his or her appointment, have been a resident of this State for at least 5 years immediately preceding the appointment. Each member who is appointed to represent a business or industry specified in paragraphs (b) to (h), inclusive, of subsection 2, must, at the time of his or her appointment:

     (a) Hold a license or registration to engage in the business or industry that the member is appointed to represent; and

     (b) Have been actively engaged in the business or industry that the member is appointed to represent for at least 3 of the 5 years immediately preceding the appointment.

     4.  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 Chair and a Vice Chair. The Chair is not entitled to a vote except to break a tie. The Department shall provide secretarial services for the Board.

     [4.] 5.  The Board shall meet regularly at least twice each year and may meet at other times upon the call of the Chair [.] or a majority of the members of the Board. Six members of the Board constitute a quorum, and a quorum may exercise all the power and authority conferred on the Board. Each member of the Board is entitled to the per diem allowance and travel expenses provided for state officers and employees generally [.

     5.] while attending meetings of the Board.

     6.  The Board shall:

     (a) Study the regulation of garage operators, automobile wreckers , [and] operators of body shops [and] , operators of salvage pools, operators of authorized emissions stations and new and used motor vehicle dealers, 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 received by the Department concerning garage operators, automobile wreckers , [or] operators of body shops , [or] operators of salvage pools [;] , operators of authorized emissions stations and new and used motor vehicle dealers;

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

     (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 the Chairs of the Senate and Assembly Standing Committees on Transportation; and

 


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ê2011 Statutes of Nevada, Page 1820 (Chapter 325, SB 238)ê

 

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

     7.  As used in this section, “authorized emissions stations” means stations licensed by the Department pursuant to NRS 445B.775 to inspect, repair, adjust or install devices for the control of emissions of motor vehicles.

     Sec. 2.  1.  The terms of the current members of the Advisory Board on Automotive Affairs appointed pursuant to paragraph (f) of subsection 2 of NRS 487.002 expire on June 30, 2011.

     2.  As soon as practicable after July 1, 2011, the Governor shall appoint to the Advisory Board on Automotive Affairs the members required by paragraphs (f) to (i), inclusive, of subsection 2 of NRS 487.002, as amended by section 1 of this act. The initial term of the members appointed pursuant to paragraphs (f) and (g) of subsection 2 of NRS 487.002 as amended by section 1 of this act expire on June 30, 2013. The initial term of the member appointed pursuant to paragraph (h) of subsection 2 of NRS 487.002 as amended by section 1 of this act expires on June 30, 2015. The initial term of one member appointed pursuant to paragraph (i) of subsection 2 of NRS 487.002 as amended by section 1 of this act expires on June 30, 2013, and the initial term of the other member appointed pursuant to paragraph (i) of subsection 2 of NRS 487.002 as amended by section 1 of this act expires on June 30, 2015.

     Sec. 3.  Notwithstanding the amendatory provisions of this act, a member of the Advisory Board on Automotive Affairs who was appointed pursuant to paragraphs (a) to (e), inclusive, of subsection 2 of NRS 487.002 and who is serving a term on July 1, 2011, is entitled to serve out the remainder of the term to which he or she was appointed.

     Sec. 4.  1.  This section and section 2 of this act become effective upon passage and approval.

     2.  Sections 1 and 3 of this act become effective on July 1, 2011.

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ê2011 Statutes of Nevada, Page 1821ê

 

CHAPTER 326, SB 215

Senate Bill No. 215–Senator Hardy

 

Joint Sponsors: Assemblymen Hammond and Stewart

 

CHAPTER 326

 

[Approved: June 13, 2011]

 

AN ACT relating to chiropractic; requiring the completion of certain continuing education requirements for the renewal of a certificate as a chiropractor’s assistant; revising certain provisions governing the issuance and renewal of a certificate as a chiropractor’s assistant; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Under existing law, a chiropractor’s assistant may renew his or her certificate as a chiropractor’s assistant by paying a fee and submitting certain information to the Chiropractic Physicians’ Board of Nevada. (NRS 634.130) Section 1 of this bill additionally requires a chiropractor’s assistant to complete at least 12 hours of continuing education every 2 years as a condition of the renewal of his or her certificate as a chiropractor’s assistant. Section 1 also provides that courses related to lifesaving skills such as cardiopulmonary resuscitation may be included in the 12 hours of continuing education required to be completed by a chiropractor’s assistant and requires the Board to determine how many hours of such course work are required. Section 1 further provides that the educational requirement may be waived by the Board if a chiropractor’s assistant is prevented by a serious or disabling illness or physical disability from completing the educational requirement.

       Under existing law, a certificate as a chiropractor’s assistant is valid for 2 years and must be renewed before January 1 of each odd-numbered year. (NRS 634.130) Section 1 requires a certificate as a chiropractor’s assistant to be renewed before January 1 of each even-numbered year.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  NRS 634.130 is hereby amended to read as follows:

     634.130  1.  Licenses and certificates must be renewed biennially. Each person who is licensed pursuant to the provisions of this chapter must, upon the payment of the required renewal fee and the submission of all information required to complete the renewal, be granted a renewal certificate which authorizes the person to continue to practice for 2 years.

     2.  The renewal fee must be paid and all information required to complete the renewal must be submitted to the Board on or before January 1 of [each odd-numbered year.] :

     (a) Each odd-numbered year for a licensee; and

     (b) Each even-numbered year for a holder of a certificate as a chiropractor’s assistant.

     3.  Except as otherwise provided in subsection [4,] 5 or 6, a licensee in active practice within this State must submit satisfactory proof to the Board that, during the 24 months immediately preceding the renewal date of the license, the licensee has attended at least 36 hours of continuing education which is approved or endorsed by the Board.

 


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ê2011 Statutes of Nevada, Page 1822 (Chapter 326, SB 215)ê

 

     4.  Except as otherwise provided in subsection 5 or 7, a holder of a certificate as a chiropractor’s assistant in active practice within this State must submit satisfactory proof to the Board that, during the 24 months immediately preceding the renewal date of the certificate, the certificate holder has attended at least 12 hours of continuing education which is approved or endorsed by the Board or the equivalent board of another state or jurisdiction that regulates chiropractors’ assistants. The continuing education required by this subsection may include education related to lifesaving skills, including, without limitation, a course in cardiopulmonary resuscitation. The Board shall by regulation determine how many of the required 12 hours of continuing education must be course work related to such lifesaving skills. Any course of continuing education approved or endorsed by the Board or the equivalent board of another state or jurisdiction pursuant to this subsection may be conducted via the Internet or in a live setting, including, without limitation, a conference, workshop or academic course of instruction. The Board shall not approve or endorse a course of continuing education which is self-directed or conducted via home study.

     5.  The educational requirement of [this section] subsection 3 or 4 may be waived by the Board if the licensee or holder of a certificate as a chiropractor’s assistant files with the Board a statement of a chiropractic physician, osteopathic physician or doctor of medicine certifying that the licensee or holder of a certificate as a chiropractor’s assistant is suffering from a serious or disabling illness or physical disability which prevented the licensee or holder of a certificate as a chiropractor’s assistant from completing the requirements for continuing education during the 24 months immediately preceding the renewal date of the license.

     [4.] 6.  A licensee is not required to comply with the requirements of subsection 3 until the first odd-numbered year after the year the Board issues to the licensee an initial license to practice as a chiropractor in this State.

     [5.] 7.  A certificate holder is not required to comply with the requirements of subsection 4 until the first even-numbered year after the Board issues to the certificate holder an initial certificate to practice as a chiropractor’s assistant in this State.

     8.  If a licensee fails to:

     (a) Pay the renewal fee by January 1 of an odd-numbered year;

     (b) Submit proof of continuing education pursuant to subsection 3;

     (c) Notify the Board of a change in the location of his or her office pursuant to NRS 634.129; or

     (d) Submit all information required to complete the renewal,

Ê the license is automatically suspended and, except as otherwise provided in NRS 634.131, may be reinstated only upon the payment, by January 1 of the even-numbered year following the year in which the license was suspended, of the required fee for reinstatement in addition to the renewal fee.

     [6.] 9.  If a holder of a certificate as a chiropractor’s assistant fails to:

     (a) Pay the renewal fee by January 1 of an [odd-numbered] even-numbered year;

     (b) Submit proof of continuing education pursuant to subsection 4;

     (c) Notify the Board of a change in the location of his or her office pursuant to NRS 634.129; or

     [(c)] (d) Submit all information required to complete the renewal,

 


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ê2011 Statutes of Nevada, Page 1823 (Chapter 326, SB 215)ê

 

Ê the certificate is automatically suspended and may be reinstated only upon the payment of the required fee for reinstatement in addition to the renewal fee.

     Sec. 2.  NRS 634.131 is hereby amended to read as follows:

     634.131  1.  If a license has been automatically suspended pursuant to the provisions of subsection [5] 8 of NRS 634.130 and not reinstated pursuant to the provisions of that subsection, the person who held the license may apply to the Board to have the license reinstated to active status.

     2.  An applicant to have a suspended license reinstated to active status pursuant to subsection 1 must:

     (a) Either:

           (1) Submit satisfactory evidence to the Board:

                (I) That the applicant has maintained an active practice in another state, territory or country within the preceding 5 years;

                (II) From all other licensing agencies which have issued the applicant a license that he or she is in good standing and has no legal actions pending against him or her; and

                (III) That the applicant has participated in a program of continuing education in accordance with NRS 634.130 for the year in which he or she seeks to be reinstated to active status; or

           (2) Score 75 percent or higher on an examination prescribed by the Board on the provisions of this chapter and the regulations adopted by the Board; and

     (b) Pay:

           (1) The fee for the biennial renewal of a license to practice chiropractic; and

           (2) The fee for reinstating a license to practice chiropractic which has been suspended or revoked.

     3.  If any of the requirements set forth in subsection 2 are not met by an applicant for the reinstatement of a suspended license to active status, the Board, before reinstating the license of the applicant to active status:

     (a) Must hold a hearing to determine the professional competency and fitness of the applicant; and

     (b) May require the applicant to:

           (1) Pass the Special Purposes Examination for Chiropractic prepared by the National Board of Chiropractic Examiners; and

           (2) Satisfy any additional requirements that the Board deems to be necessary.

     Sec. 2.5.  Notwithstanding the amendatory provisions of sections 1 and 2 of this act:

     1.  A certificate as a chiropractor’s assistant issued or renewed on or after July 1, 2011, but before January 1, 2013, expires on December 31, 2013; and

     2.  The Chiropractic Physicians’ Board of Nevada shall prorate the fee for any certificate as a chiropractor’s assistant issued or renewed on or after July 1, 2011, but before January 1, 2013.

     Sec. 3.  This act becomes effective on July 1, 2011.

________

 


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ê2011 Statutes of Nevada, Page 1824ê

 

CHAPTER 327, SB 150

Senate Bill No. 150–Senator Schneider

 

CHAPTER 327

 

[Approved: June 13, 2011]

 

AN ACT relating to liens; revising certain provisions governing liens of owners of facilities for storage; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law generally provides that if an occupant of a storage space at a self-storage facility defaults on the payment of rent or other charges that are due to the owner of the facility pursuant to a rental agreement, the owner has a lien on the occupant’s personal property contained in the storage space and is entitled to certain remedies until the lien is satisfied. (NRS 108.4753, 108.4763) In addition to being able to deny the occupant access to the storage space and remove the occupant’s personal property from the storage space, an owner may also sell the occupant’s personal property to satisfy the lien. (NRS 108.4763) Section 16 of this bill further authorizes an owner to dispose of certain personal property. Sections 13, 16 and 19 of this bill revise various provisions relating to an owner’s lien on an occupant’s personal property as well as the sale to satisfy such a lien.

       Existing law also authorizes an occupant to prevent the sale of his or her personal property to satisfy the lien by executing a declaration in opposition to the sale and returning the declaration to the owner. Upon receipt of the declaration in opposition to the sale, the owner may commence an action in court to enforce the lien. (NRS 108.4765, 108.478) Section 16.5 of this bill revises the information that a declaration in opposition to the sale must contain. Section 18.5 of this bill removes the provision which authorizes an owner to commence an action in court to enforce the lien upon receipt of a declaration in opposition to the sale. Instead, the occupant is required to commence an action not later than 21 days after the owner receives the declaration in opposition to the sale or the owner may sell the property. If an action is commenced, the owner is prohibited from selling the property unless the court enters judgment in favor of the owner.

       Sections 15 and 16 provide that certain notices relating to an occupant’s right to use a storage space and a sale to satisfy an owner’s lien on an occupant’s personal property must be sent by verified mail and, if available, electronic mail.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  Chapter 108 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.

     Sec. 2.  “Electronic mail” means an electronic message, executable program or computer file which contains an image of a message that is transmitted between two or more computers or electronic terminals, or within or between computer networks and from which a confirmation of receipt is received.

     Sec. 3.  “Protected property” means personal property, the sale of which or prohibition against the sale of which is regulated by state or federal law. The term includes, without limitation:

     1.  Documents, film or electronic data that contain personal information, such as social security numbers, credit or debit card information, bank account information, passport information and medical or legal records relating to clients, customers, patients or others in connection with an occupant’s business.

 


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ê2011 Statutes of Nevada, Page 1825 (Chapter 327, SB 150)ê

 

information, bank account information, passport information and medical or legal records relating to clients, customers, patients or others in connection with an occupant’s business.

     2.  Pharmaceuticals other than those dispensed by a licensed pharmacy for use by an occupant.

     3.  Alcoholic beverages.

     4.  Firearms.

     Sec. 4.  “Storage space” means a space used for storing personal property, which is rented or leased to an individual occupant who has access to the space.

     Sec. 5.  “Verified mail” means any method of mailing offered by the United States Postal Service that provides evidence of mailing.

     Sec. 6.  If a rental agreement contains a limit on the value of property stored in the storage space of an occupant, the limit is presumed to be the maximum value of the personal property stored in the storage space.

     Sec. 7.  NRS 108.473 is hereby amended to read as follows:

     108.473  As used in NRS 108.473 to 108.4783, inclusive, and sections 2 to 6, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 108.4733 to 108.4745, inclusive, and sections 2 to 5, inclusive, of this act have the meanings ascribed to them in those sections.

     Sec. 8.  NRS 108.4733 is hereby amended to read as follows:

     108.4733  “Facility” means real property divided into individual storage spaces . [for storing personal property which are rented or leased to individual occupants and to which the individual occupant has access.] The term does not include a garage or storage area in a private residence.

     Sec. 9.  NRS 108.4735 is hereby amended to read as follows:

     108.4735  “Occupant” includes a person or a person’s sublessee, successor or assignee who is entitled to the exclusive use of [a space for] an individual storage space at a facility pursuant to a rental agreement.

     Sec. 10.  NRS 108.4743 is hereby amended to read as follows:

     108.4743  “Personal property” means any property not affixed to land and includes [goods,] , without limitation, merchandise, furniture , [and] household items [.] , motor vehicles, boats and personal watercraft.

     Sec. 11.  NRS 108.4745 is hereby amended to read as follows:

     108.4745  “Rental agreement” means any written agreement or lease establishing or modifying the terms, conditions or rules concerning the use and occupancy of an individual [space in] storage space at a facility.

     Sec. 12.  NRS 108.475 is hereby amended to read as follows:

     108.475  1.  A person shall not use a storage space at a facility for a residence. The owner of such a facility shall evict any person who uses a storage space at the facility as a residence in the manner provided for in NRS 40.760.

     2.  A facility shall not be deemed to be a warehouse or a public utility.

     3.  If an owner of a facility issues a warehouse receipt, bill of lading or other document of title for the personal property stored in a storage space at the facility, the owner and occupant are subject to the provisions of NRS 104.7101 to 104.7603, inclusive, and the provisions of NRS 108.473 to 108.4783, inclusive, and sections 2 to 6, inclusive, of this act do not apply.

     Sec. 13.  NRS 108.4753 is hereby amended to read as follows:

     108.4753  1.  The owner of a facility and the owner’s heirs, assignees or successors have a possessory lien , from the date the rent for a storage space at the facility is due and unpaid, on all personal property , including protected property, located [at the facility] in the storage space for the rent, labor or other charges incurred by the owner pursuant to a rental agreement and for those expenses [necessarily] reasonably incurred by the owner to preserve, sell or otherwise dispose of the personal property.

 


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ê2011 Statutes of Nevada, Page 1826 (Chapter 327, SB 150)ê

 

protected property, located [at the facility] in the storage space for the rent, labor or other charges incurred by the owner pursuant to a rental agreement and for those expenses [necessarily] reasonably incurred by the owner to preserve, sell or otherwise dispose of the personal property.

     2.  Any lien created by a document of title for a motor vehicle or boat has priority over a lien attaching to that motor vehicle or boat pursuant to NRS 108.473 to 108.4783, inclusive.

     Sec. 14.  NRS 108.4755 is hereby amended to read as follows:

     108.4755  1.  Each rental agreement must be in writing and must contain:

     (a) A provision printed in a size equal to at least 10-point type that states, “IT IS UNLAWFUL TO USE [THIS] A STORAGE SPACE IN THIS FACILITY AS A RESIDENCE.”

     (b) A statement that the occupant’s personal property will be subject to a claim for a lien and may be sold [to satisfy that lien] or disposed of if the rent or other charges described in the rental agreement remain unpaid for 14 consecutive days.

     (c) A provision requiring the occupant to:

          (1) Disclose to the owner any items of protected property in the storage space.

           (2) If the occupant is subject to mandatory licensing, registration, permitting or other professional or occupational regulation by a governmental agency, board or commission and the protected property to be stored is related to the practice of that profession or occupation by the occupant, provide written notice to that agency, board or commission stating that the occupant is storing protected property at the facility, identifying the general type of protected property being stored at the facility and providing complete contact information for the facility. The occupant shall give the owner a copy of any written notice provided to such an agency, board or commission.

           (3) Provide complete contact information for a secondary contact who may be contacted by the owner if the owner is unable to contact the occupant.

     2.  If any provision of the rental agreement provides that an owner, lessor, operator, manager or employee of the facility, or any combination thereof, is not liable, jointly or severally, for any loss or theft of personal property stored in a storage space at the facility, the provision is unenforceable unless:

     (a) The rental agreement contains a statement advising the occupant to purchase insurance for any personal property stored in a storage space at the facility and informing the occupant that such insurance is available through most insurers;

     (b) The provision and the statement are:

           (1) Printed in all capital letters or, if the rental agreement is printed in all capital letters, printed in all capital letters and boldface type, italic type or underlined type; and

           (2) Printed in a size equal to at least 10-point type or, if the rental agreement is printed in 10-point type or larger, printed in type that is at least 2 points larger than the size of type used for other provisions of the rental agreement; and

     (c) The provision is otherwise enforceable pursuant to the laws of this state.

 


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ê2011 Statutes of Nevada, Page 1827 (Chapter 327, SB 150)ê

 

     3.  NRS 108.473 to 108.4783, inclusive, and sections 2 to 6, inclusive, of this act do not apply and the lien for charges for storage does not attach unless the rental agreement contains a space for the occupant to provide the name and address of an alternative person to whom the notices under those sections may be sent. The occupant’s failure to provide an alternative address does not affect the owner’s remedies under those sections.

     4.  The parties may agree in the rental agreement to additional rights, obligations or remedies other than those provided by NRS 108.473 to 108.4783, inclusive [.] , and sections 2 to 6, inclusive, of this act. The rights provided in those sections are in addition to any other rights of a creditor against a debtor.

     Sec. 15.  NRS 108.476 is hereby amended to read as follows:

     108.476  1.  If any charges for rent or other items owed by the occupant remain unpaid for 14 days or more, the owner may terminate the occupant’s right to use the [individual] storage space [for storage] at the facility , for which charges are owed, not less than 14 days after sending a notice by [certified] verified mail and if available, electronic mail to the occupant at his or her last known address and to the alternative address provided by the occupant in the rental agreement. The notice must contain:

     (a) An itemized statement of the amount owed by the occupant at the time of the notice and the date when the amount became due;

     (b) The name, address and telephone number of the owner or the owner’s agent;

     (c) A statement that the occupant’s right to use the [space for] storage space will terminate on a specific date unless the occupant pays the amount owed to the owner; and

     (d) A statement that upon the termination of the occupant’s right to occupy the storage space and after the date specified in the notice, an owner’s lien pursuant to NRS 108.4753, will be imposed.

     2.  For the purposes of this section, “last known address” means the postal and electronic mail address , if any, provided by the occupant in the most recent rental agreement between the owner and occupant, or the postal and electronic mail address , if any, provided by the occupant in a written notice sent to the owner with a change of the occupant’s address after the execution of the rental agreement.

     Sec. 16.  NRS 108.4763 is hereby amended to read as follows:

     108.4763  1.  After the notice of the lien is mailed by the owner, if the occupant fails to pay the total amount due by the date specified in the notice, the owner may:

     (a) Deny the occupant access to the storage space . [for storage; and]

     (b) Enter the storage space and remove the personal property within it to a safe place.

     (c) Dispose of, but may not sell, any protected property contained in the storage space in accordance with the provisions of subsection 5 if the owner has actual knowledge of such protected property. If the owner disposes of the protected property in accordance with the provisions of subsection 5, the owner is not liable to the occupant or any other person who claims an interest in the protected property.

     (d) If the personal property upon which the lien is claimed is a motor vehicle, boat or personal watercraft, and rent and other charges related to such property remain unpaid or unsatisfied for 60 days, have the property towed by any tow car operator subject to the jurisdiction of the Nevada Transportation Authority.

 


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ê2011 Statutes of Nevada, Page 1828 (Chapter 327, SB 150)ê

 

Transportation Authority. If a motor vehicle, boat or personal watercraft is towed pursuant to this paragraph, the owner is not liable for any damages to such property once the tow car operator takes possession of the motor vehicle, boat or personal watercraft.

     2.  The owner shall send to the occupant a notice of a sale to satisfy the lien by [certified] verified mail [to the occupant at his or her] at the last known address of the occupant and [to] at the alternative address provided by the occupant in the rental agreement at least 14 days before the sale. The owner shall also send such notice to the occupant by electronic mail at the last known electronic mail address of the occupant, if any. The notice must contain:

     (a) A statement that the occupant may no longer use the [space for] storage space and no longer has access to the occupant’s personal property stored therein;

     (b) A statement that the personal property of the occupant is subject to a lien and the amount of the lien;

     (c) A statement that the personal property will be sold or disposed of to satisfy the lien on a date specified in the notice, unless the total amount of the lien is paid or the occupant executes and returns by [certified] verified mail, the declaration in opposition to the sale; and

     (d) A statement of the provisions of subsection 3.

     3.  Proceeds of the sale over the amount of the lien and the costs of the sale must be retained by the owner and may be reclaimed by the occupant or the occupant’s authorized representative at any time up to 1 year from the date of the sale.

     4.  The notice of the sale must also contain a blank copy of a declaration [of] in opposition to the sale to be executed by the occupant if the occupant wishes to do so.

     5.  The owner may dispose of protected property contained in the storage space by taking the following actions, in the following order of priority, until the protected property is disposed of:

     (a) Contacting the occupant and returning the protected property to the occupant.

     (b) Contacting the secondary contact listed by the occupant in the rental agreement and returning the protected property to the secondary contact.

     (c) Contacting any appropriate state or federal authorities, including, without limitation, any appropriate governmental agency, board or commission listed by the occupant in the rental agreement pursuant to NRS 108.4755, ascertaining whether such authorities will accept the protected property and, if such authorities will accept the protected property, ensuring that the protected property is delivered to such authorities.

     (d) Destroying the protected property in an appropriate manner which is authorized by law and which ensures that any confidential information contained in the protected property is completely obliterated and may not be examined or accessed by the public.

     Sec. 16.5.  NRS 108.4765 is hereby amended to read as follows:

     108.4765  The occupant may prevent a sale of the personal property to satisfy the lien if the occupant executes a declaration [of] in opposition to the sale under penalty of perjury and returns the declaration to the owner by [certified] verified mail. The declaration must contain the following:

 


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ê2011 Statutes of Nevada, Page 1829 (Chapter 327, SB 150)ê

 

     1.  The name, address and signature of the occupant;

     2.  The location of the personal property which is to be sold to satisfy a lien;

     3.  The date the declaration was executed by the occupant; and

     4.  A statement that:

     (a) The occupant has received the notice of the sale to satisfy the lien;

     (b) The occupant opposes the sale of the property; and

     (c) The occupant understands that [the owner may commence an] any action [for the amount] concerning the validity of the lien [and the costs of the action.] must be commenced not later than 21 days after the date on which the owner receives the declaration in opposition to the sale as required pursuant to NRS 108.477.

     Sec. 17.  NRS 108.477 is hereby amended to read as follows:

     108.477  1.  If the declaration in opposition to the lien sale executed by the occupant is not received by the date of the sale specified in the notice mailed to the occupant, the owner may sell the property.

     2.  The owner shall advertise the sale once a week for 2 consecutive weeks immediately preceding the date of the sale in a newspaper of general circulation in the judicial district where the sale is to be held. The advertisement must contain:

     (a) A general description of the personal property to be sold;

     (b) The name of the occupant;

     (c) The number of the individual storage space [for storage] at the facility where the personal property was stored; and

     (d) The name and address of the facility.

     3.  If there is no newspaper of general circulation in the judicial district where the sale is to be held, the advertisement must be posted 10 days before the sale in at least six conspicuous places near the place of the sale.

     4.  The sale must be conducted in a commercially reasonable manner.

     5.  After deducting the amount of the lien and the costs of the sale, the owner shall retain any excess proceeds from the sale on the behalf of the occupant.

     [5.] 6.  The occupant or any person authorized by the occupant or by an order of the court may claim the excess proceeds or the portion of the proceeds necessary to satisfy the person’s claim at any time within 1 year after the date of the sale. After 1 year, the owner shall pay any proceeds remaining from the sale to the treasurer of the county where the sale was held for deposit in the general fund of the county.

     Sec. 18.  NRS 108.4773 is hereby amended to read as follows:

     108.4773  1.  Any person who has a security interest in the personal property perfected pursuant to NRS 104.9101 to 104.9709, inclusive, may claim the personal property which is subject to the security interest and to the lien for storage charges by paying the amount due, as specified in the preliminary notice of the lien, for the storage of the property, if no declaration in opposition to the sale to satisfy the lien has been executed and returned by the occupant to the owner.

     2.  Upon payment of the total amount due pursuant to this section, the owner shall deliver the personal property subject to the security interest to the person holding such interest and paying the amount of the owner’s lien. The owner is not liable to any person for any action taken pursuant to this section if the owner complied with the provisions of NRS 108.473 to 108.4783, inclusive [.] , and sections 2 to 6, inclusive, of this act.

 


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ê2011 Statutes of Nevada, Page 1830 (Chapter 327, SB 150)ê

 

     Sec. 18.5.  NRS 108.478 is hereby amended to read as follows:

     108.478  [1.]  If [the occupant signs, and returns to] the owner [, the] receives a declaration in opposition to the sale [, the owner may commence an action in any court of competent jurisdiction to enforce the lien.] before the date set forth in the notice of the sale to satisfy the lien:

     1.  Except as otherwise provided in subsection 2, the owner must not sell the property until at least 30 days after the date on which the owner receives the declaration in opposition to the sale.

     2.  [If, after the action to enforce the lien, the owner obtains a judgment against the occupant for the amount of the lien, the owner may enforce the judgment by a sale of the property conducted in a commercially reasonable manner more than 10 days after the notice of the entry of judgment has been filed with the court, unless within that time the occupant pays the amount of the judgment.] The occupant must file a complaint in a court of competent jurisdiction not later than 21 days after the date on which the owner receives the declaration in opposition to the sale. If such an action is commenced, the owner must not sell the property unless the court enters judgment in favor of the owner.

     3.  If the occupant does not commence an action within 21 days after the date on which the owner receives the declaration in opposition to the sale, or if the court enters judgment in favor of the owner, the owner may advertise the property for sale and sell the property as provided in NRS 108.477.

     4.  The occupant may stay the enforcement of [the] a judgment pending an appeal by posting with the court which entered the judgment [,] a bond in an amount equal to 1.5 times the amount of the judgment. If the occupant posts such a bond, the court may order the owner to return the personal property to the occupant.

     Sec. 19.  NRS 108.4783 is hereby amended to read as follows:

     108.4783  Any person who purchases the personal property in good faith at a sale to satisfy the lien or a sale to enforce a judgment on a lien :

     1.  Does not acquire ownership of any protected property found in the storage space. The person who purchased the protected property in good faith at a sale to satisfy the lien shall, as soon as reasonably practicable, return the protected property to the occupant or, if the occupant cannot be found after reasonable diligence, to the owner, who shall dispose of the protected property in accordance with the provisions of subsection 5 of NRS 108.4763.

     2.  Except as otherwise provided in subsection 1, takes the property free and clear of [any interests of the occupant,] the rights of any party, even though the owner who conducted the sale may have failed to comply with the provisions of NRS 108.473 to 108.4783, inclusive [.] , and sections 2 to 6, inclusive, of this act.

     Sec. 20.  NRS 40.760 is hereby amended to read as follows:

     40.760  1.  When a person is using a storage space at a facility [for storage] as a residence, the owner or the owner’s agent shall serve or have served a notice in writing which directs the person to cease using the [facility] storage space as a residence no later than 24 hours after receiving the notice. The notice must advise the person that:

     (a) NRS 108.475 requires the owner to ask the court to have the person evicted if the person has not ceased using the [facility] storage space as a residence within 24 hours; and

 


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ê2011 Statutes of Nevada, Page 1831 (Chapter 327, SB 150)ê

 

     (b) The person may continue to use the [facility] storage space to store the person’s personal property in accordance with the rental agreement.

     2.  If the person does not cease using the [facility] storage space as a residence within 24 hours after receiving the notice to do so, the owner of the facility or the owner’s agent shall apply by affidavit for summary eviction to the justice of the peace of the township wherein the facility is located. The affidavit must contain:

     (a) The date the rental agreement became effective.

     (b) A statement that the person is using the [facility] storage space as a residence.

     (c) The date and time the person was served with written notice to cease using the [facility] storage space as a residence.

     (d) A statement that the person has not ceased using the facility as a residence within 24 hours after receiving the notice.

     3.  Upon receipt of such an affidavit the justice of the peace shall issue an order directing the sheriff or constable of the county to remove the person within 24 hours after receipt of the order. The sheriff or constable shall not remove the person’s personal property from the facility.

     4.  For the purposes of this section [, “facility for storage”] :

     (a) “Facility” means real property divided into individual storage spaces . [which are rented or leased for storing personal property.] The term does not include a garage or storage area in a private residence.

     (b) “Storage space” means a space used for storing personal property, which is rented or leased to an individual occupant who has access to the space.

     Sec. 21.  NRS 597.890 is hereby amended to read as follows:

     597.890  1.  The owner of a facility for the storage of personal property or a person acting on his or her behalf shall not advertise that the facility is “climate controlled” unless the advertisement specifies the range of the minimum and maximum temperature and humidity within which the facility is maintained.

     2.  If an owner or a person acting on his or her behalf fails to indicate the range of temperature and humidity of a facility in any advertisement that refers to it as being “climate controlled” or fails to maintain the temperature and humidity of the facility within the advertised range, the owner is guilty of a misdemeanor and is liable to the occupant for any damages that are caused to the occupant’s personal property as a result of extremes in temperature or humidity, notwithstanding any contrary provision in the rental agreement.

     3.  As used in this section, the terms “facility,” “occupant,” “owner,” “personal property” and “rental agreement” have the meanings ascribed to them respectively in NRS 108.4733 to 108.4745, inclusive [.] , and sections 2 to 5, inclusive, of this act.

     Sec. 22.  (Deleted by amendment.)

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ê2011 Statutes of Nevada, Page 1832ê

 

CHAPTER 328, SB 143

Senate Bill No. 143–Committee on Commerce, Labor and Energy

 

CHAPTER 328

 

[Approved: June 13, 2011]

 

AN ACT relating to insurance; removing the requirement that a resident producer of insurance maintain a place of business in this State which is accessible to the public; revising provisions relating to a certificate of insurance issued pursuant to a contract or policy of property or casualty insurance; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Section 1 of this bill removes the requirement that a resident producer of insurance maintain a place of business in this State which is accessible to the public and where he or she principally conducts transactions. Section 1 also removes the requirement that the license of a producer of insurance be conspicuously displayed in the place of business and instead requires only that the license be made available for public inspection upon request.

       Section 2 of this bill amends provisions governing the Nevada Insurance Code (title 57 of NRS) to provide that any certificate of insurance issued regarding a contract or policy of property or casualty insurance, other than a group master policy, which is delivered or issued for delivery in this State: (1) does not constitute any part of the contract or policy of insurance; and (2) does not amend any term or alter or extend any coverage, exclusion or condition of the contract or policy of insurance.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  NRS 683A.261 is hereby amended to read as follows:

     683A.261  1.  Unless the Commissioner refuses to issue the license under NRS 683A.451, the Commissioner shall issue a license as a producer of insurance to a person who has satisfied the requirements of NRS 683A.241 and 683A.251. A producer of insurance may qualify for a license in one or more of the lines of authority permitted by statute or regulation, including:

     (a) Life insurance on human lives, which includes benefits from endowments and annuities and may include additional benefits from death by accident and benefits for dismemberment by accident and for disability.

     (b) Health insurance for sickness, bodily injury or accidental death, which may include benefits for disability.

     (c) Property insurance for direct or consequential loss or damage to property of every kind.

     (d) Casualty insurance against legal liability, including liability for death, injury or disability and damage to real or personal property.

     (e) Surety indemnifying financial institutions or providing bonds for fidelity, performance of contracts or financial guaranty.

     (f) Variable annuities and variable life insurance, including coverage reflecting the results of a separate investment account.

 


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ê2011 Statutes of Nevada, Page 1833 (Chapter 328, SB 143)ê

 

     (g) Credit insurance, including life, disability, property, unemployment, involuntary unemployment, mortgage life, mortgage guaranty, mortgage disability, guaranteed protection of assets, and any other form of insurance offered in connection with an extension of credit that is limited to wholly or partially extinguishing the obligation which the Commissioner determines should be considered as limited-line credit insurance.

     (h) Personal lines, consisting of automobile and motorcycle insurance and residential property insurance, including coverage for flood, of personal watercraft and of excess liability, written over one or more underlying policies of automobile or residential property insurance.

     (i) Fixed annuities as a limited line.

     (j) Travel and baggage as a limited line.

     (k) Rental car agency as a limited line.

     (l) Continuous care coverage, which includes health insurance, as set forth in paragraph (b), and may include insurance for workers’ compensation.

     2.  A license as a producer of insurance remains in effect unless revoked, suspended or otherwise terminated if a request for a renewal is submitted on or before the date for the renewal specified on the license, all applicable fees for renewal and a fee established by the Commissioner of not more than $15 for deposit in the Insurance Recovery Account are paid for each license and each authorization to transact business on behalf of a business organization licensed pursuant to subsection 2 of NRS 683A.251, and any requirement for education or any other requirement to renew the license is satisfied by the date specified on the license for the renewal. A producer of insurance may submit a request for a renewal of his or her license within 30 days after the date specified on the license for the renewal if the producer of insurance otherwise complies with the provisions of this subsection and pays, in addition to any fee paid pursuant to this subsection, a penalty of 50 percent of all applicable renewal fees, except for any fee required pursuant to NRS 680C.110. A license as a producer of insurance expires if the Commissioner receives a request for a renewal of the license more than 30 days after the date specified on the license for the renewal. A fee paid pursuant to this subsection is nonrefundable.

     3.  A natural person who allows his or her license as a producer of insurance to expire may reapply for the same license within 12 months after the date specified on the license for a renewal without passing a written examination or completing a course of study required by paragraph (c) of subsection 1 of NRS 683A.251, but a penalty of twice all applicable renewal fees, except for any fee required pursuant to NRS 680C.110, is required for any request for a renewal of the license that is received after the date specified on the license for the renewal.

     4.  A licensed producer of insurance who is unable to renew his or her license because of military service, extended medical disability or other extenuating circumstance may request a waiver of the time limit and of any fine or sanction otherwise required or imposed because of the failure to renew.

     5.  A license must state the licensee’s name, address, personal identification number, the date of issuance, the lines of authority and the date of expiration and must contain any other information the Commissioner considers necessary. [A resident producer of insurance shall maintain a place of business in this State which is accessible to the public and where the resident producer of insurance principally conducts transactions under his or her license.

 


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ê2011 Statutes of Nevada, Page 1834 (Chapter 328, SB 143)ê

 

resident producer of insurance principally conducts transactions under his or her license. The place of business may be in his or her residence.] The license must be [conspicuously displayed in an area of the place of business which is open to the public.] made available for public inspection upon request.

     6.  A licensee shall inform the Commissioner of [each change of location from which the licensee conducts business as a producer of insurance and] each change of business or residence address, in writing or by other means acceptable to the Commissioner, within 30 days after the change. If a licensee changes [the location from which the licensee conducts business as a producer of insurance or] his or her business or residence address without giving written notice and the Commissioner is unable to locate the licensee after diligent effort, the Commissioner may revoke the license without a hearing. The mailing of a letter by certified mail, return receipt requested, addressed to the licensee at his or her last mailing address appearing on the records of the Division, and the return of the letter undelivered, constitutes a diligent effort by the Commissioner.

     Sec. 2.  Chapter 687B of NRS is hereby amended by adding thereto a new section to read as follows:

     A certificate of insurance issued regarding a contract or policy of property or casualty insurance, other than a group master policy, which is delivered or issued for delivery in this State:

     1.  Does not constitute any part of the contract or policy of insurance; and

     2.  Does not amend any term or alter or extend any coverage, exclusion or condition of the contract or policy of insurance.

     Secs. 3 and 4.  (Deleted by amendment.)

     Sec. 5.  This act becomes effective on July 1, 2011.

________

 


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ê2011 Statutes of Nevada, Page 1835ê

 

CHAPTER 329, SB 125

Senate Bill No. 125–Senator Kieckhefer

 

CHAPTER 329

 

[Approved: June 13, 2011]

 

AN ACT relating to elections; revising the dates by which the contributions to or expenses of a campaign must be reported; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Under existing law, a candidate for state, district, county, township or city office, as well as certain persons who make expenditures in support of a candidate or group of candidates, who advocate passage or defeat of a ballot question or who advocate the recall of a public officer, must report certain contributions and expenditures by certain deadlines. (NRS 294A.120, 294A.140, 294A.150, 294A.200, 294A.210, 294A.220, 294A.270, 294A.280, 294A.360) This bill revises the dates upon which certain reports are required to be made to require the reports to be submitted before the beginning of early voting in a primary, general or special election.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  NRS 294A.120 is hereby amended to read as follows:

     294A.120  1.  Every candidate for state, district, county or township office at a primary or general election shall, not later than January 15 of each year, for the period from January 1 of the previous year through December 31 of the previous year, report each campaign contribution in excess of $100 received during the period and contributions received during the period from a contributor which cumulatively exceed $100. The provisions of this subsection apply to the candidate beginning the year of the general election for that office through the year immediately preceding the next general election for that office.

     2.  Every candidate for state, district, county or township office at a primary or general election shall, if the general election for the office for which he or she is a candidate is held on or after January 1 and before the July 1 immediately following that January 1, not later than:

     (a) [Seven] Twenty-one days before the primary election for that office, for the period from the January 1 immediately preceding the primary election through [12] 25 days before the primary election;

     (b) [Seven] Four days before the [general] primary election for that office, for the period from [11] 24 days before the primary election through [12] 5 days before the [general election; and

     (c) July 15 of the year of] primary election;

     (c) Twenty-one days before the general election for that office, for the period from [11] 4 days before the [general] primary election through [June 30 of that year,] 25 days before the general election; and

     (d) Four days before the general election for that office, for the period from 24 days before the general election through 5 days before the general election,

 


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ê2011 Statutes of Nevada, Page 1836 (Chapter 329, SB 125)ê

 

Ê report each campaign contribution in excess of $100 received during the period and contributions received during the period from a contributor which cumulatively exceed $100. The report must be completed on the form designed and provided by the Secretary of State pursuant to NRS 294A.373. Each form must be signed by the candidate under penalty of perjury.

     3.  Every candidate for state, district, county or township office at a primary or general election shall, if the general election for the office for which he or she is a candidate is held on or after July 1 and before the January 1 immediately following that July 1, not later than:

     (a) [Seven] Twenty-one days before the primary election for that office, for the period from the January 1 immediately preceding the primary election through [12] 25 days before the primary election; [and]

     (b) [Seven] Four days before the [general] primary election for that office, for the period from [11] 24 days before the primary election through [12] 5 days before the [general] primary election [,] ;

     (c) Twenty-one days before the general election for that office, for the period from 4 days before the primary election through 25 days before the general election; and

     (d) Four days before the general election for that office, for the period from 24 days before the general election through 5 days before the general election.

Ê report each campaign contribution in excess of $100 received during the period and contributions received during the period from a contributor which cumulatively exceed $100. The report must be completed on the form designed and provided by the Secretary of State pursuant to NRS 294A.373. Each form must be signed by the candidate under penalty of perjury.

     4.  Except as otherwise provided in subsection 5, every candidate for a district office at a special election shall, not later than:

     (a) Seven days before the beginning of early voting by personal appearance for the special election, for the period from the candidate’s nomination through 12 days before the beginning of early voting by personal appearance for the special election; and

     (b) Thirty days after the special election, for the remaining period through the special election,

Ê report each campaign contribution in excess of $100 received during the period and contributions received during the reporting period from a contributor which cumulatively exceed $100. The report must be completed on the form designed and provided by the Secretary of State pursuant to NRS 294A.373. Each form must be signed by the candidate under penalty of perjury.

     5.  Every candidate for state, district, county, municipal or township office at a special election to determine whether a public officer will be recalled shall list each of the campaign contributions received on the form designed and provided by the Secretary of State pursuant to NRS 294A.373 and signed by the candidate under penalty of perjury, 30 days after:

     (a) The special election, for the period from the filing of the notice of intent to circulate the petition for recall through the special election; or

     (b) A district court determines that the petition for recall is legally insufficient pursuant to subsection 6 of NRS 306.040, for the period from the filing of the notice of intent to circulate the petition for recall through the date of the district court’s decision.

 


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ê2011 Statutes of Nevada, Page 1837 (Chapter 329, SB 125)ê

 

     6.  Reports of campaign contributions must be filed with the officer with whom the candidate filed the declaration of candidacy or acceptance of candidacy. A candidate may mail or transmit the report to that officer by regular mail, certified mail, facsimile machine or electronic means. A report shall be deemed to be filed with the officer:

     (a) On the date that it was mailed if it was sent by certified mail; or

     (b) On the date that it was received by the officer if the report was sent by regular mail, transmitted by facsimile machine or electronic means, or delivered personally.

     7.  Every county clerk who receives from candidates for legislative or judicial office, including, without limitation, the office of justice of the peace or municipal judge, reports of campaign contributions pursuant to this section shall file a copy of each report with the Secretary of State within 10 working days after receiving the report.

     8.  The name and address of the contributor and the date on which the contribution was received must be included on the report for each contribution in excess of $100 and contributions which a contributor has made cumulatively in excess of that amount since the beginning of the current reporting period.

     Sec. 2.  NRS 294A.140 is hereby amended to read as follows:

     294A.140  1.  Every person who is not under the direction or control of a candidate for office at a primary election, primary city election, general election or general city election, of a group of such candidates or of any person involved in the campaign of that candidate or group who makes an expenditure on behalf of the candidate or group which is not solicited or approved by the candidate or group, and every committee for political action, political party, committee sponsored by a political party and business entity which makes an expenditure on behalf of such a candidate or group of candidates shall, not later than January 15 of each year that the provisions of this subsection apply to the person, committee, political party or business entity, for the period from January 1 of the previous year through December 31 of the previous year, report each campaign contribution in excess of $100 received during the period and contributions received during the period from a contributor which cumulatively exceed $100. The provisions of this subsection apply to the person, committee, political party or business entity beginning the year of the general election or general city election for that office through the year immediately preceding the next general election or general city election for that office.

     2.  Every person, committee, political party or business entity described in subsection 1 which makes an expenditure on behalf of the candidate for office at a primary election, primary city election, general election or general city election or on behalf of a group of such candidates shall, if the general election or general city election for the office for which the candidate or a candidate in the group of candidates seeks election is held on or after January 1 and before the July 1 immediately following that January 1, not later than:

     (a) [Seven] Twenty-one days before the primary election or primary city election for that office, for the period from the January 1 immediately preceding the primary election or primary city election through [12] 25 days before the primary election or primary city election;

     (b) [Seven] Four days before the [general] primary election or [general] primary city election for that office, for the period from [11] 24 days before the primary election or primary city election through [12] 5 days before the [general] primary election or [general] primary city election; [and

 


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ê2011 Statutes of Nevada, Page 1838 (Chapter 329, SB 125)ê

 

the primary election or primary city election through [12] 5 days before the [general] primary election or [general] primary city election; [and

     (c) July 15 of the year of]

     (c) Twenty-one days before the general election or general city election for that office, for the period from [11] 4 days before the [general] primary election or [general] primary city election through [June 30 of that year,] 25 days before the general election or general city election; and

     (d) Four days before the general election or general city election for that office, for the period from 24 days before the general election or general city election through 5 days before the general election or general city election.

Ê report each campaign contribution in excess of $100 received during the period and contributions received during the period from a contributor which cumulatively exceed $100. The report must be completed on the form designed and provided by the Secretary of State pursuant to NRS 294A.373. The form must be signed by the person or a representative of the committee, political party or business entity under penalty of perjury.

     3.  The name and address of the contributor and the date on which the contribution was received must be included on the report for each contribution in excess of $100 and contributions which a contributor has made cumulatively in excess of $100 since the beginning of the current reporting period.

     4.  Every person, committee, political party or business entity described in subsection 1 which makes an expenditure on behalf of a candidate for office at a primary election, primary city election, general election or general city election or on behalf of a group of such candidates shall, if the general election or general city election for the office for which the candidate or a candidate in the group of candidates seeks election is held on or after July 1 and before the January 1 immediately following that July 1, not later than:

     (a) [Seven] Twenty-one days before the primary election or primary city election for that office, for the period from the January 1 immediately preceding the primary election or primary city election through [12] 25 days before the primary election or primary city election; [and]

     (b) [Seven] Four days before the [general] primary election or [general] primary city election for that office, for the period from [11] 24 days before the primary election or primary city election through [12] 5 days before the [general] primary election or [general] primary city election [,] ;

     (c) Twenty-one days before the general election or general city election for that office, for the period from 4 days before the primary election or primary city election through 25 days before the general election or general city election; and

     (d) Four days before the general election or general city election for that office, for the period from 24 days before the general election or general city election through 5 days before the general election or general city election,

Ê report each campaign contribution in excess of $100 received during the period and contributions received during the period from a contributor which cumulatively exceed $100. The report must be completed on the form designed and provided by the Secretary of State pursuant to NRS 294A.373. The form must be signed by the person or a representative of the committee, political party or business entity under penalty of perjury.

 


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ê2011 Statutes of Nevada, Page 1839 (Chapter 329, SB 125)ê

 

     5.  Except as otherwise provided in subsection 6, every person, committee, political party or business entity described in subsection 1 which makes an expenditure on behalf of a candidate for office at a special election or on behalf of a group of such candidates shall, not later than:

     (a) Seven days before the beginning of early voting by personal appearance for the special election for the office for which the candidate or a candidate in the group of candidates seeks election, for the period from the nomination of the candidate through 12 days before the beginning of early voting by personal appearance for the special election; and

     (b) Thirty days after the special election, for the remaining period through the special election,

Ê report each campaign contribution in excess of $100 received during the period and contributions received during the period from a contributor which cumulatively exceed $100. The report must be completed on the form designed and provided by the Secretary of State pursuant to NRS 294A.373. The form must be signed by the person or a representative of the committee, political party or business entity under penalty of perjury.

     6.  Every person, committee, political party or business entity described in subsection 1 which makes an expenditure on behalf of a candidate for office at a special election to determine whether a public officer will be recalled or on behalf of a group of candidates for offices at such special elections shall report each contribution in excess of $100 received during the period and contributions received during the period from a contributor which cumulatively exceed $100. The report must be completed on the form designed and provided by the Secretary of State pursuant to NRS 294A.373 and signed by the person or a representative of the committee, political party or business entity under penalty of perjury, 30 days after:

     (a) The special election, for the period from the filing of the notice of intent to circulate the petition for recall through the special election; or

     (b) If the special election is not held because a district court determines that the petition for recall is legally insufficient pursuant to subsection 6 of NRS 306.040, for the period from the filing of the notice of intent to circulate the petition for recall through the date of the district court’s decision.

     7.  The reports of contributions required pursuant to this section must be filed with:

     (a) If the candidate is elected from one county, the county clerk of that county;

     (b) If the candidate is elected from one city, the city clerk of that city; or

     (c) If the candidate is elected from more than one county or city, the Secretary of State.

     8.  A person or entity may file the report with the appropriate officer by regular mail, certified mail, facsimile machine or electronic means. A report shall be deemed to be filed with the officer:

     (a) On the date that it was mailed if it was sent by certified mail; or

     (b) On the date that it was received by the officer if the report was sent by regular mail, transmitted by facsimile machine or electronic means, or delivered personally.

     9.  Each county clerk or city clerk who receives a report pursuant to this section shall file a copy of the report with the Secretary of State within 10 working days after receiving the report.

 


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ê2011 Statutes of Nevada, Page 1840 (Chapter 329, SB 125)ê

 

     10.  Every person, committee, political party or business entity described in subsection 1 shall file a report required by this section even if the person, committee, political party or business entity receives no contributions.

     Sec. 3.  NRS 294A.150 is hereby amended to read as follows:

     294A.150  1.  Except as otherwise provided in NRS 294A.283, every person or group of persons organized formally or informally, including a business entity, who advocates the passage or defeat of a question or group of questions on the ballot at a primary election, primary city election, general election or general city election and who receives or expends money in an amount in excess of $10,000 to advocate the passage or defeat of such question or group of questions shall, not later than January 15 of each year that the provisions of this subsection apply to the person, group of persons or business entity, for the period from January 1 of the previous year through December 31 of the previous year, report each campaign contribution in excess of $1,000 received during that period and contributions received during the period from a contributor which cumulatively exceed $1,000. The report must be completed on the form designed and provided by the Secretary of State pursuant to NRS 294A.373. The form must be signed by the person or a representative of the group or business entity under penalty of perjury. The provisions of this subsection apply to the person, group of persons or business entity:

     (a) Each year in which:

           (1) An election or city election is held for each question for which the person, group of persons or business entity advocates passage or defeat; or

           (2) A person, group of persons or business entity receives or expends money in excess of $10,000 to advocate the passage or defeat of a question or group of questions on the ballot at a primary election, primary city election, general election or general city election; and

     (b) The year after each year described in paragraph (a).

     2.  If a question is on the ballot at a primary election or primary city election and the general election or general city election immediately following that primary election or primary city election is held on or after January 1 and before the July 1 immediately following that January 1, every person or group of persons organized formally or informally, including a business entity, who advocates the passage or defeat of the question or a group of questions that includes the question and who receives or expends money in an amount in excess of $10,000 to advocate the passage or defeat of such question or group of questions shall comply with the requirements of this subsection. If a question is on the ballot at a general election or general city election held on or after January 1 and before the July 1 immediately following that January 1, every person or group of persons organized formally or informally, including a business entity, who advocates the passage or defeat of the question or a group of questions that includes the question and who receives or expends money in an amount in excess of $10,000 to advocate the passage or defeat of such question or group of questions shall comply with the requirements of this subsection. A person, group of persons or business entity described in this subsection shall, not later than:

     (a) [Seven] Twenty-one days before the primary election or primary city election, for the period from the January 1 immediately preceding the primary election or primary city election through [12] 25 days before the primary election or primary city election;

 


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ê2011 Statutes of Nevada, Page 1841 (Chapter 329, SB 125)ê

 

primary election or primary city election through [12] 25 days before the primary election or primary city election;

     (b) [Seven] Four days before the [general] primary election or [general] primary city election, for the period from [11] 24 days before the primary election or primary city election through [12] 5 days before the [general] primary election or [general] primary city election; [and

     (c) July 15 of the year of]

     (c) Twenty-one days before the general election or general city election, for the period from [11] 4 days before the [general] primary election or [general] primary city election through [June 30 of that year,] 25 days before the general election or general city election; and

     (d) Four days before the general election or general city election, for the period from 24 days before the general election or general city election through 5 days before the general election or general city election,

Ê report each campaign contribution in excess of $1,000 received during the period and contributions received during the period from a contributor which cumulatively exceed $1,000. The report must be completed on the form designed and provided by the Secretary of State pursuant to NRS 294A.373 and signed by the person or a representative of the group or business entity under penalty of perjury.

     3.  The name and address of the contributor and the date on which the contribution was received must be included on the report for each contribution in excess of $1,000 and contributions which a contributor has made cumulatively in excess of that amount since the beginning of the current reporting period.

     4.  If a question is on the ballot at a primary election or primary city election and the general election or general city election immediately following that primary election or primary city election is held on or after July 1 and before the January 1 immediately following that July 1, every person or group of persons organized formally or informally, including a business entity, who advocates the passage or defeat of the question or a group of questions that includes the question and who receives or expends money in an amount in excess of $10,000 to advocate the passage or defeat of such question or group of questions shall comply with the requirements of this subsection. Except as otherwise provided in NRS 294A.283, if a question is on the ballot at a general election or general city election held on or after July 1 and before the January 1 immediately following that July 1, every person or group of persons organized formally or informally, including a business entity, who advocates the passage or defeat of the question or a group of questions that includes the question and who receives or expends money in an amount in excess of $10,000 to advocate the passage or defeat of such question or group of questions shall comply with the requirements of this subsection. A person, group of persons or business entity described in this subsection shall, not later than:

     (a) [Seven] Twenty-one days before the primary election or primary city election, for the period from the January 1 immediately preceding the primary election or primary city election through [12] 25 days before the primary election or primary city election; [and]

     (b) [Seven] Four days before the [general] primary election or [general] primary city election, for the period from [11] 24 days before the primary election or primary city election through [12] 5 days before the [general] primary election or [general] primary city election [,] ;

 


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ê2011 Statutes of Nevada, Page 1842 (Chapter 329, SB 125)ê

 

     (c) Twenty-one days before the general election or general city election, for the period from 4 days before the primary election or primary city election through 25 days before the general election or general city election; and

     (d) Four days before the general election or general city election, for the period from 24 days before the general election or general city election through 5 days before the general election or general city election,

Ê report each campaign contribution in excess of $1,000 received during the period and contributions received during the period from a contributor which cumulatively exceed $1,000. The report must be completed on the form designed and provided by the Secretary of State pursuant to NRS 294A.373. The form must be signed by the person or a representative of the group or business entity under penalty of perjury.

     5.  Except as otherwise provided in subsection 6, every person or group of persons organized formally or informally, including a business entity, who advocates the passage or defeat of a question or group of questions on the ballot at a special election and who receives or expends money in an amount in excess of $10,000 to advocate the passage or defeat of such question or group of questions shall, not later than:

     (a) Seven days before the beginning of early voting by personal appearance for the special election, for the period from the date that the question qualified for the ballot through 12 days before the beginning of early voting by personal appearance for the special election; and

     (b) Thirty days after the special election, for the remaining period through the special election,

Ê report each campaign contribution in excess of $1,000 received during the period and contributions received during the period from a contributor which cumulatively exceed $1,000. The report must be completed on the form designed and provided by the Secretary of State pursuant to NRS 294A.373. The form must be signed by the person or a representative of the group or business entity under penalty of perjury.

     6.  Every person or group of persons organized formally or informally, including a business entity, who advocates the passage or defeat of a question or group of questions on the ballot at a special election to determine whether a public officer will be recalled and who receives or expends money in an amount in excess of $10,000 to advocate the passage or defeat of such question or group of questions shall report each of the contributions received on the form designed and provided by the Secretary of State pursuant to NRS 294A.373 and signed by the person or a representative of the group or business entity under penalty of perjury, 30 days after:

     (a) The special election, for the period from the filing of the notice of intent to circulate the petition for recall through the special election; or

     (b) If the special election is not held because a district court determines that the petition for recall is legally insufficient pursuant to subsection 6 of NRS 306.040, for the period from the filing of the notice of intent to circulate the petition for recall through the date of the district court’s decision.

     7.  The reports required pursuant to this section must be filed with:

     (a) If the question is submitted to the voters of one county, the county clerk of that county;

     (b) If the question is submitted to the voters of one city, the city clerk of that city; or

 


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ê2011 Statutes of Nevada, Page 1843 (Chapter 329, SB 125)ê

 

     (c) If the question is submitted to the voters of more than one county or city, the Secretary of State.

     8.  A person may mail or transmit the report to the appropriate officer by regular mail, certified mail, facsimile machine or electronic means. A report shall be deemed to be filed with the officer:

     (a) On the date that it was mailed if it was sent by certified mail; or

     (b) On the date that it was received by the officer if the report was sent by regular mail, transmitted by facsimile machine or electronic means, or delivered personally.

     9.  If the person or group of persons, including a business entity, is advocating passage or defeat of a group of questions, the reports must be itemized by question or petition.

     10.  Each county clerk or city clerk who receives a report pursuant to this section shall file a copy of the report with the Secretary of State within 10 working days after receiving the report.

     Sec. 4.  NRS 294A.200 is hereby amended to read as follows:

     294A.200  1.  Every candidate for state, district, county or township office at a primary or general election shall, not later than January 15 of each year, for the period from January 1 of the previous year through December 31 of the previous year, report each of the campaign expenses in excess of $100 incurred and each amount in excess of $100 disposed of pursuant to NRS 294A.160 during the period on the form designed and provided by the Secretary of State pursuant to NRS 294A.373. The form must be signed by the candidate under penalty of perjury. The provisions of this subsection apply to the candidate:

     (a) Beginning the year of the general election for that office through the year immediately preceding the next general election for that office; and

     (b) Each year immediately succeeding a calendar year during which the candidate disposes of contributions pursuant to NRS 294A.160.

     2.  Every candidate for state, district, county or township office at a primary or general election shall, if the general election for the office for which he or she is a candidate is held on or after January 1 and before the July 1 immediately following that January 1, not later than:

     (a) [Seven] Twenty-one days before the primary election for that office, for the period from the January 1 immediately preceding the primary election through [12] 25 days before the primary election;

     (b) [Seven] Four days before the [general] primary election for that office, for the period from [11] 24 days before the primary election through [12] 5 days before the [general] primary election; [and]

     (c) [July 15 of the year of] Twenty-one days before the general election for that office, for the period from [11] 4 days before the [general] primary election through [June 30 of that year,] 25 days before the general election; and

     (d) Four days before the general election for that office, for the period from 24 days before the general election through 5 days before the general election,

Ê report each of the campaign expenses in excess of $100 incurred during the period on the form designed and provided by the Secretary of State pursuant to NRS 294A.373. Each form must be signed by the candidate under penalty of perjury.

     3.  Every candidate for state, district, county or township office at a primary or general election shall, if the general election for the office for which he or she is a candidate is held on or after July 1 and before the January 1 immediately following that July 1, not later than:

 


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ê2011 Statutes of Nevada, Page 1844 (Chapter 329, SB 125)ê

 

which he or she is a candidate is held on or after July 1 and before the January 1 immediately following that July 1, not later than:

     (a) [Seven] Twenty-one days before the primary election for that office, for the period from the January 1 immediately preceding the primary election through [12] 25 days before the primary election; [and]

     (b) [Seven] Four days before the [general] primary election for that office, for the period from [11] 24 days before the primary election through [12] 5 days before the [general] primary election [,] ;

     (c) Twenty-one days before the general election for that office, for the period from 4 days before the primary election through 25 days before the general election; and

     (d) Four days before the general election for that office, for the period from 24 days before the general election through 5 days before the general election,

Ê report each of the campaign expenses in excess of $100 incurred during the period on the form designed and provided by the Secretary of State pursuant to NRS 294A.373. The form must be signed by the candidate under penalty of perjury.

     4.  Except as otherwise provided in subsection 5, every candidate for a district office at a special election shall, not later than:

     (a) Seven days before the beginning of early voting by personal appearance for the special election, for the period from the candidate’s nomination through 12 days before the beginning of early voting by personal appearance for the special election; and

     (b) Thirty days after the special election, for the remaining period through the special election,

Ê report each of the campaign expenses in excess of $100 incurred during the period on the form designed and provided by the Secretary of State pursuant to NRS 294A.373. Each form must be signed by the candidate under penalty of perjury.

     5.  Every candidate for state, district, county, municipal or township office at a special election to determine whether a public officer will be recalled shall report each of the campaign expenses in excess of $100 incurred on the form designed and provided by the Secretary of State pursuant to NRS 294A.373 and signed by the candidate under penalty of perjury, 30 days after:

     (a) The special election, for the period from the filing of the notice of intent to circulate the petition for recall through the special election; or

     (b) If the special election is not held because a district court determines that the petition for recall is legally insufficient pursuant to subsection 6 of NRS 306.040, for the period from the filing of the notice of intent to circulate the petition for recall through the date of the district court’s decision.

     6.  Reports of campaign expenses must be filed with the officer with whom the candidate filed the declaration of candidacy or acceptance of candidacy. A candidate may mail or transmit the report to that officer by regular mail, certified mail, facsimile machine or electronic means. A report shall be deemed to be filed with the officer:

     (a) On the date that it was mailed if it was sent by certified mail; or

     (b) On the date that it was received by the officer if the report was sent by regular mail, transmitted by facsimile machine or electronic means, or delivered personally.

 


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ê2011 Statutes of Nevada, Page 1845 (Chapter 329, SB 125)ê

 

     7.  County clerks who receive from candidates for legislative or judicial office, including, without limitation, the office of justice of the peace or municipal judge, reports of campaign expenses pursuant to this section shall file a copy of each report with the Secretary of State within 10 working days after receiving the report.

     Sec. 5.  NRS 294A.210 is hereby amended to read as follows:

     294A.210  1.  Every person who is not under the direction or control of a candidate for an office at a primary election, primary city election, general election or general city election, of a group of such candidates or of any person involved in the campaign of that candidate or group who makes an expenditure on behalf of the candidate or group which is not solicited or approved by the candidate or group, and every committee for political action, political party, committee sponsored by a political party or business entity which makes an expenditure on behalf of such a candidate or group of candidates shall, not later than January 15 of each year that the provisions of this subsection apply to the person, committee, political party or business entity, for the period from January 1 of the previous year through December 31 of the previous year, report each expenditure made during the period on behalf of the candidate, the group of candidates or a candidate in the group of candidates in excess of $100 on the form designed and provided by the Secretary of State pursuant to NRS 294A.373. The form must be signed by the person or a representative of the committee, political party or business entity under penalty of perjury. The provisions of this subsection apply to the person, committee, political party or business entity beginning the year of the general election or general city election for that office through the year immediately preceding the next general election or general city election for that office.

     2.  Every person, committee, political party or business entity described in subsection 1 which makes an expenditure on behalf of a candidate for office at a primary election, primary city election, general election or general city election or a group of such candidates shall, if the general election or general city election for the office for which the candidate or a candidate in the group of candidates seeks election is held on or after January 1 and before the July 1 immediately following that January 1, not later than:

     (a) [Seven] Twenty-one days before the primary election or primary city election for that office, for the period from the January 1 immediately preceding the primary election or primary city election through [12] 25 days before the primary election or primary city election;

     (b) [Seven] Four days before the [general] primary election or [general] primary city election for that office, for the period from [11] 24 days before the primary election or primary city election through [12] 5 days before the [general] primary election or [general] primary city election; [and]

     (c) [July 15 of the year of] Twenty-one days before the general election or general city election for that office, for the period from [11] 4 days before the [general] primary election or [general] primary city election through [the June 30 of that year,] 25 days before the general election or general city election; and

     (d) Four days before the general election or general city election for that office, for the period from 24 days before the general election or general city election through 5 days before the general election or general city election,

 


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ê2011 Statutes of Nevada, Page 1846 (Chapter 329, SB 125)ê

 

Ê report each expenditure made during the period on behalf of the candidate, the group of candidates or a candidate in the group of candidates in excess of $100 on the form designed and provided by the Secretary of State pursuant to NRS 294A.373. The form must be signed by the person or a representative of the committee, political party or business entity under penalty of perjury.

     3.  Every person, committee, political party or business entity described in subsection 1 which makes an expenditure on behalf of a candidate for office at a primary election, primary city election, general election or general city election or on behalf of a group of such candidates shall, if the general election or general city election for the office for which the candidate or a candidate in the group of candidates seeks election is held on or after July 1 and before the January 1 immediately following that July 1, not later than:

     (a) [Seven] Twenty-one days before the primary election or primary city election for that office, for the period from the January 1 immediately preceding the primary election or primary city election through [12] 25 days before the primary election or primary city election; [and]

     (b) [Seven] Four days before the [general] primary election or [general] primary city election for that office, for the period from [11] 24 days before the primary election or primary city election through [12] 5 days before the [general] primary election or [general] primary city election [,] ;

     (c) Twenty-one days before the general election or general city election for that office, for the period from 4 days before the primary election or primary city election through 25 days before the general election or general city election; and

     (d) Four days before the general election or general city election for that office, for the period from 24 days before the general election or general city election through 5 days before the general election or general city election,

Ê report each expenditure made during the period on behalf of the candidate, the group of candidates or a candidate in the group of candidates in excess of $100 on the form designed and provided by the Secretary of State pursuant to NRS 294A.373. The form must be signed by the person or a representative of the committee, political party or business entity under penalty of perjury.

     4.  Except as otherwise provided in subsection 5, every person, committee, political party or business entity described in subsection 1 which makes an expenditure on behalf of a candidate for office at a special election or on behalf of a group of such candidates shall, not later than:

     (a) Seven days before the beginning of early voting by personal appearance for the special election for the office for which the candidate or a candidate in the group of candidates seeks election, for the period from the nomination of the candidate through 12 days before the beginning of early voting by personal appearance for the special election; and

     (b) Thirty days after the special election, for the remaining period through the special election,

Ê report each expenditure made during the period on behalf of the candidate, the group of candidates or a candidate in the group of candidates in excess of $100 on the form designed and provided by the Secretary of State pursuant to NRS 294A.373. The form must be signed by the person or a representative of the committee, political party or business entity under penalty of perjury.

     5.  Every person, committee, political party or business entity described in subsection 1 which makes an expenditure on behalf of a candidate for office at a special election to determine whether a public officer will be recalled or on behalf of a group of such candidates shall list each expenditure made on behalf of the candidate, the group of candidates or a candidate in the group of candidates in excess of $100 on the form designed and provided by the Secretary of State pursuant to NRS 294A.373 and signed by the person or a representative of the committee, political party or business entity under penalty of perjury, 30 days after:

 


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ê2011 Statutes of Nevada, Page 1847 (Chapter 329, SB 125)ê

 

recalled or on behalf of a group of such candidates shall list each expenditure made on behalf of the candidate, the group of candidates or a candidate in the group of candidates in excess of $100 on the form designed and provided by the Secretary of State pursuant to NRS 294A.373 and signed by the person or a representative of the committee, political party or business entity under penalty of perjury, 30 days after:

     (a) The special election, for the period from the filing of the notice of intent to circulate the petition for recall through the special election; or

     (b) If the special election is not held because a district court determines that the petition for recall is legally insufficient pursuant to subsection 6 of NRS 306.040, for the period from the filing of the notice of intent to circulate the petition for recall through the date of the district court’s decision.

     6.  Expenditures made within the State or made elsewhere but for use within the State, including expenditures made outside the State for printing, television and radio broadcasting or other production of the media, must be included in the report.

     7.  The reports must be filed with:

     (a) If the candidate is elected from one county, the county clerk of that county;

     (b) If the candidate is elected from one city, the city clerk of that city; or

     (c) If the candidate is elected from more than one county or city, the Secretary of State.

     8.  If an expenditure is made on behalf of a group of candidates, the reports must be itemized by the candidate. A person may mail or transmit the report to the appropriate officer by regular mail, certified mail, facsimile machine or electronic means. A report shall be deemed to be filed with the officer:

     (a) On the date that it was mailed if it was sent by certified mail; or

     (b) On the date that it was received by the officer if the report was sent by regular mail, transmitted by facsimile machine or electronic means, or delivered personally.

     9.  Each county clerk or city clerk who receives a report pursuant to this section shall file a copy of the report with the Secretary of State within 10 working days after receiving the report.

     10.  Every person, committee, political party or business entity described in subsection 1 shall file a report required by this section even if the person, committee, political party or business entity receives no contributions.

     Sec. 6.  NRS 294A.220 is hereby amended to read as follows:

     294A.220  1.  Except as otherwise provided in NRS 294A.283, every person or group of persons organized formally or informally, including a business entity, who advocates the passage or defeat of a question or group of questions on the ballot at a primary election, primary city election, general election or general city election and who receives or expends money in an amount in excess of $10,000 to advocate the passage or defeat of such question or group of questions shall, not later than January 15 of each year that the provisions of this subsection apply to the person or group of persons, for the period from January 1 of the previous year through December 31 of the previous year, report each expenditure made during the period on behalf of or against the question, the group of questions or a question in the group of questions on the ballot in excess of $1,000 on the form designed and provided by the Secretary of State pursuant to NRS 294A.373.

 


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ê2011 Statutes of Nevada, Page 1848 (Chapter 329, SB 125)ê

 

provided by the Secretary of State pursuant to NRS 294A.373. The form must be signed by the person or a representative of the group or business entity under penalty of perjury. The provisions of this subsection apply to the person, group of persons or business entity:

     (a) Each year in which:

           (1) An election or city election is held for a question for which the person, group of persons or business entity advocates passage or defeat; or

           (2) A person, group of persons or business entity receives or expends money in excess of $10,000 to advocate the passage or defeat of a question or group of questions on the ballot at a primary election, primary city election, general election or general city election; and

     (b) The year after each year described in paragraph (a).

     2.  If a question is on the ballot at a primary election or primary city election and the general election or general city election immediately following that primary election or primary city election is held on or after January 1 and before the July 1 immediately following that January 1, every person or group of persons organized formally or informally, including a business entity, who advocates the passage or defeat of the question or a group of questions that includes the question and who receives or expends money in an amount in excess of $10,000 to advocate the passage or defeat of such question or group of questions shall comply with the requirements of this subsection. If a question is on the ballot at a general election or general city election held on or after January 1 and before the July 1 immediately following that January 1, every person or group of persons organized formally or informally, including a business entity, who advocates the passage or defeat of the question or a group of questions that includes the question and who receives or expends money in an amount in excess of $10,000 to advocate the passage or defeat of such question or group of questions shall comply with the requirements of this subsection. A person, group of persons or business entity described in this subsection shall, not later than:

     (a) [Seven] Twenty-one days before the primary election or primary city election, for the period from the January 1 immediately preceding the primary election or primary city election through [12] 25 days before the primary election or primary city election;

     (b) [Seven] Four days before the [general] primary election or [general] primary city election, for the period from [11] 24 days before the primary election or primary city election through [12] 5 days before the [general] primary election or [general] primary city election; [and

     (c) July 15 of the year of]

     (c) Twenty-one days before the general election or general city election, for the period from [11] 4 days before the [general] primary election or [general] primary city election through [the June 30 immediately preceding that July 15,] 25 days before the general election or general city election; and

     (d) Four days before the general election or general city election, for the period from 24 days before the general election or general city election through 5 days before the general election or general city election,

Ê report each expenditure made during the period on behalf of or against the question, the group of questions or a question in the group of questions on the ballot in excess of $1,000 on the form designed and provided by the Secretary of State pursuant to NRS 294A.373 and signed by the person or a representative of the group or business entity under penalty of perjury.

 


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ê2011 Statutes of Nevada, Page 1849 (Chapter 329, SB 125)ê

 

Secretary of State pursuant to NRS 294A.373 and signed by the person or a representative of the group or business entity under penalty of perjury.

     3.  If a question is on the ballot at a primary election or primary city election and the general election or general city election immediately following that primary election or primary city election is held on or after July 1 and before the January 1 immediately following that July 1, every person or group of persons organized formally or informally, including a business entity, who advocates the passage or defeat of the question or a group of questions that includes the question and who receives or expends money in an amount in excess of $10,000 to advocate the passage or defeat of such question or group of questions shall comply with the requirements of this subsection. Except as otherwise provided in NRS 294A.283, if a question is on the ballot at a general election or general city election held on or after July 1 and before the January 1 immediately following that July 1, every person or group of persons organized formally or informally, including a business entity, who advocates the passage or defeat of the question or a group of questions that includes the question and who receives or expends money in an amount in excess of $10,000 to advocate the passage or defeat of such question or group of questions shall comply with the requirements of this subsection. A person, group of persons or business entity described in this subsection shall, not later than:

     (a) [Seven] Twenty-one days before the primary election or primary city election, for the period from the January 1 immediately preceding the primary election or primary city election through [12] 25 days before the primary election or primary city election; [and]

     (b) [Seven] Four days before the [general] primary election or [general] primary city election, for the period from [11] 24 days before the primary election or primary city election through [12] 5 days before the [general] primary election or [general] primary city election [,] ;

     (c) Twenty-one days before the general election or general city election, for the period from 4 days before the primary election or primary city election through 25 days before the general election or general city election; and

     (d) Four days before the general election or general city election, for the period from 24 days before the general election or general city election through 5 days before the general election or general city election,

Ê report each expenditure made during the period on behalf of or against the question, the group of questions or a question in the group of questions on the ballot in excess of $1,000 on the form designed and provided by the Secretary of State pursuant to NRS 294A.373. The form must be signed by the person or a representative of the group or business entity under penalty of perjury.

     4.  Except as otherwise provided in subsection 5, every person or group of persons organized formally or informally, including a business entity, who advocates the passage or defeat of a question or group of questions on the ballot at a special election shall, not later than:

     (a) Seven days before the beginning of early voting by personal appearance for the special election, for the period from the date the question qualified for the ballot through 12 days before the beginning of early voting by personal appearance for the special election; and

     (b) Thirty days after the special election, for the remaining period through the special election,

 


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ê2011 Statutes of Nevada, Page 1850 (Chapter 329, SB 125)ê

 

Ê report each expenditure made during the period on behalf of or against the question, the group of questions or a question in the group of questions on the ballot in excess of $1,000 on the form designed and provided by the Secretary of State pursuant to NRS 294A.373. The form must be signed by the person or a representative of the group or business entity under penalty of perjury.

     5.  Every person or group of persons organized formally or informally, including a business entity, who advocates the passage or defeat of a question or group of questions on the ballot at a special election to determine whether a public officer will be recalled and who receives or expends money in an amount in excess of $10,000 to advocate the passage or defeat of such question or group of questions shall list each expenditure made during the period on behalf of or against the question, the group of questions or a question in the group of questions on the ballot in excess of $1,000 on the form designed and provided by the Secretary of State pursuant to NRS 294A.373 and signed by the person or a representative of the group or business entity under penalty of perjury, 30 days after:

     (a) The special election, for the period from the filing of the notice of intent to circulate the petition for recall through the special election; or

     (b) If the special election is not held because a district court determines that the petition for recall is legally insufficient pursuant to subsection 6 of NRS 306.040, for the period from the filing of the notice of intent to circulate the petition for recall through the date of the district court’s decision.

     6.  Expenditures made within the State or made elsewhere but for use within the State, including expenditures made outside the State for printing, television and radio broadcasting or other production of the media, must be included in the report.

     7.  The reports required pursuant to this section must be filed with:

     (a) If the question is submitted to the voters of one county, the county clerk of that county;

     (b) If the question is submitted to the voters of one city, the city clerk of that city; or

     (c) If the question is submitted to the voters of more than one county or city, the Secretary of State.

     8.  If an expenditure is made on behalf of a group of questions, the reports must be itemized by question or petition. A person may mail or transmit the report to the appropriate filing officer by regular mail, certified mail, facsimile machine or electronic means. A report shall be deemed to be filed with the filing officer:

     (a) On the date that it was mailed if it was sent by certified mail; or

     (b) On the date that it was received by the filing officer if the report was sent by regular mail, transmitted by facsimile machine or electronic means, or delivered personally.

     9.  Each county clerk or city clerk who receives a report pursuant to this section shall file a copy of the report with the Secretary of State within 10 working days after receiving the report.

     Sec. 7.  NRS 294A.270 is hereby amended to read as follows:

     294A.270  1.  Except as otherwise provided in subsection 3, each committee for the recall of a public officer shall, not later than:

     (a) Seven days before the beginning of early voting by personal appearance for the special election to recall a public officer, for the period from the filing of the notice of intent to circulate the petition for recall through 12 days before the beginning of early voting by personal appearance for the special election; and

 


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ê2011 Statutes of Nevada, Page 1851 (Chapter 329, SB 125)ê

 

from the filing of the notice of intent to circulate the petition for recall through 12 days before the beginning of early voting by personal appearance for the special election; and

     (b) Thirty days after the election, for the remaining period through the election,

Ê report each contribution received or made by the committee in excess of $100 on the form designed and provided by the Secretary of State pursuant to NRS 294A.373. The form must be signed by a representative of the committee under penalty of perjury.

     2.  If a petition for the purpose of recalling a public officer is not filed before the expiration of the notice of intent, the committee for the recall of a public officer shall, not later than 30 days after the expiration of the notice of intent, report each contribution received by the committee, and each contribution made by the committee in excess of $100.

     3.  If a court does not order a special election for the recall of the public officer, the committee for the recall of a public officer shall, not later than 30 days after the court determines that an election will not be held, for the period from the filing of the notice of intent to circulate the petition for recall through the day the court determines that an election will not be held, report each contribution received by the committee, and each contribution made by the committee in excess of $100.

     4.  Each report of contributions must be filed with the Secretary of State. The committee may mail or transmit the report by regular mail, certified mail, facsimile machine or electronic means. A report shall be deemed to be filed with the Secretary of State:

     (a) On the date that it was mailed if it was sent by certified mail; or

     (b) On the date that it was received by the Secretary of State if the report was sent by regular mail, transmitted by facsimile machine or electronic means, or delivered personally.

     5.  The name and address of the contributor and the date on which the contribution was received must be included on the report for each contribution, whether from or to a natural person, association or corporation, in excess of $100 and contributions which a contributor or the committee has made cumulatively in excess of that amount since the beginning of the current reporting period.

     Sec. 8.  NRS 294A.280 is hereby amended to read as follows:

     294A.280  1.  Except as otherwise provided in subsection 3, each committee for the recall of a public officer shall, not later than:

     (a) Seven days before the beginning of early voting by personal appearance for the special election to recall a public officer, for the period from the filing of the notice of intent to circulate the petition for recall through 12 days before the beginning of early voting by personal appearance for the special election; and

     (b) Thirty days after the election, for the remaining period through the election,

Ê report each expenditure made by the committee in excess of $100 on the form designed and provided by the Secretary of State pursuant to NRS 294A.373. The form must be signed by a representative of the committee under penalty of perjury.

     2.  If a petition for the purpose of recalling a public officer is not filed before the expiration of the notice of intent, the committee for the recall of a public officer shall, not later than 30 days after the expiration of the notice of intent, report each expenditure made by the committee in excess of $100.

 


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ê2011 Statutes of Nevada, Page 1852 (Chapter 329, SB 125)ê

 

public officer shall, not later than 30 days after the expiration of the notice of intent, report each expenditure made by the committee in excess of $100.

     3.  If a court does not order a special election for the recall of the public officer, the committee for the recall of a public officer shall, not later than 30 days after the court determines that an election will not be held, for the period from the filing of the notice of intent to circulate the petition for recall through the day the court determines that an election will not be held, report each expenditure made by the committee in excess of $100.

     4.  Each report of expenditures must be filed with the Secretary of State. The committee may mail or transmit the report to the Secretary of State by regular mail, certified mail, facsimile machine or electronic means. A report shall be deemed to be filed with the Secretary of State:

     (a) On the date that it was mailed if it was sent by certified mail; or

     (b) On the date that it was received by the Secretary of State if the report was sent by regular mail, transmitted by facsimile machine or electronic means, or delivered personally.

     Sec. 9.  NRS 294A.360 is hereby amended to read as follows:

     294A.360  1.  Every candidate for city office at a primary city election or general city election shall file the reports in the manner required by NRS 294A.120, 294A.128 and 294A.200 for other offices not later than January 15 of each year, for the period from January 1 of the previous year through December 31 of the previous year. The provisions of this subsection apply to the candidate:

     (a) Beginning the year of the general city election for that office through the year immediately preceding the next general city election for that office; and

     (b) Each year immediately succeeding a calendar year during which the candidate disposes of contributions pursuant to NRS 294A.160.

     2.  Every candidate for city office at a primary city election or general city election, if the general city election for the office for which he or she is a candidate is held on or after January 1 and before the July 1 immediately following that January 1, shall file the reports in the manner required by NRS 294A.120, 294A.128 and 294A.200 for other offices not later than:

     (a) [Seven] Twenty-one days before the primary city election for that office, for the period from the January 1 immediately preceding the primary city election through [12] 25 days before the primary city election;

     (b) [Seven] Four days before the [general] primary city election for that office, for the period from [11] 24 days before the primary city election through [12] 5 days before the [general] primary city election; [and

     (c) July 15 of the year of]

     (c) Twenty-one days before the general city election for that office, for the period from [11] 4 days before the [general] primary city election through [the June 30 of that year.] 25 days before the general city election; and

     (d) Four days before the general city election for that office, for the period from 24 days before the general city election through 5 days before the general city election.

     3.  Every candidate for city office at a primary city election or general city election, if the general city election for the office for which he or she is a candidate is held on or after July 1 and before the January 1 immediately following that July 1, shall file the reports in the manner required by NRS 294A.120, 294A.128 and 294A.200 for other offices not later than:

 


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ê2011 Statutes of Nevada, Page 1853 (Chapter 329, SB 125)ê

 

     (a) [Seven] Twenty-one days before the primary city election for that office, for the period from the January 1 immediately preceding the primary city election through [12] 25 days before the primary city election; [and]

     (b) [Seven] Four days before the [general] primary city election for that office, for the period from [11] 24 days before the primary city election through [12] 5 days before the [general] primary city election [.] ;

     (c) Twenty-one days before the general city election for that office, for the period from 4 days before the primary city election through 25 days before the general city election; and

     (d) Four days before the general city election for that office, for the period from 24 days before the general city election through 5 days before the general city election.

     4.  Except as otherwise provided in subsection 5, every candidate for city office at a special election shall so file those reports:

     (a) Seven days before the beginning of early voting by personal appearance for the special election, for the period from the candidate’s nomination through 12 days before the beginning of early voting by personal appearance for the special election; and

     (b) Thirty days after the special election, for the remaining period through the special election.

     5.  Every candidate for city office at a special election to determine whether a public officer will be recalled shall so file those reports 30 days after:

     (a) The special election, for the period from the filing of the notice of intent to circulate the petition for recall through the special election; or

     (b) If the special election is not held because a district court determines that the petition for recall is legally insufficient pursuant to subsection 6 of NRS 306.040, for the period from the filing of the notice of intent to circulate the petition for recall through the date of the district court’s decision.

________

 


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ê2011 Statutes of Nevada, Page 1854ê

 

CHAPTER 330, SB 101

Senate Bill No. 101–Senator Manendo

 

CHAPTER 330

 

[Approved: June 13, 2011]

 

AN ACT relating to marriage; revising certain provisions relating to certificates of marriage and the solemnization of marriage; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Under existing law, the county clerk may place an affidavit of application for a marriage license, a certificate of marriage and a marriage license on a single form, on the reverse of which the county clerk must have printed or stamped instructions for obtaining a certified copy or certified abstract of the certificate of marriage. (NRS 122.055) Section 2 of this bill requires the county clerk to include on the reverse of such a form: (1) instructions for obtaining a certified copy or certified abstract of the certificate of marriage; (2) certain language explaining that the certificate is not a certified copy and that a certified copy will need to be obtained for certain legal matters; and (3) a time stamp used by the clerk to signify that the form has been filed.

       Existing law also provides that a certificate of permission to perform marriages expires when a minister or other person who is authorized to solemnize a marriage, to whom the certificate has been issued, moves from the county in which his or her certificate was issued. (NRS 122.066) Section 3 of this bill specifies that a certificate of permission remains valid when a minister or other person who is authorized to solemnize a marriage, who is retired and who has been issued the certificate, moves to another county in this State.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  (Deleted by amendment.)

     Sec. 2.  NRS 122.055 is hereby amended to read as follows:

     122.055  1.  The county clerk may place the affidavit of application for a marriage license, the certificate of marriage and the marriage license on a single form.

     2.  The county clerk shall have printed or stamped on the reverse of the form [instructions] :

     (a) Instructions for obtaining a certified copy or certified abstract of the certificate of marriage.

     (b) Language in black ink and at least 16-point bold type in a font that is easy to read and that is in substantially the following form:

 

      This is your certificate. This is not a certified copy. For name changes and other legal matters, you will need to obtain a certified copy.

 

     3.  Nothing may be printed, stamped or written on the reverse of the form other than the instructions and language described in subsection 2 and a time stamp used by the county clerk to signify that the form has been filed.

 


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ê2011 Statutes of Nevada, Page 1855 (Chapter 330, SB 101)ê

 

     Sec. 3.  NRS 122.066 is hereby amended to read as follows:

     122.066  1.  The Secretary of State shall establish and maintain a statewide database of ministers or other persons authorized to solemnize a marriage. The database must:

     (a) Serve as the official list of ministers or other persons authorized to solemnize a marriage approved in this State;

     (b) Provide for a single method of storing and managing the official list;

     (c) Be a uniform, centralized and interactive database;

     (d) Be electronically secure and accessible to each county clerk in this State;

     (e) Contain the name, mailing address and other pertinent information of each minister or other person authorized to solemnize a marriage as prescribed by the Secretary of State; and

     (f) Include a unique identifier assigned by the Secretary of State to each minister or other person authorized to solemnize a marriage.

     2.  If the county clerk approves an application for a certificate of permission to perform marriages, the county clerk shall:

     (a) Enter all information contained in the application into the electronic statewide database of ministers or other persons authorized to solemnize a marriage maintained by the Secretary of State not later than 10 days after the certificate of permission to perform marriages is approved by the county clerk; and

     (b) Provide to the Secretary of State all information related to the minister or other person authorized to solemnize a marriage pursuant to paragraph (e) of subsection 1.

     3.  Upon approval of an application pursuant to subsection 2, the minister or other person authorized to solemnize a marriage:

     (a) Shall comply with the laws of this State governing the solemnization of marriage and conduct of ministers or other persons authorized to solemnize a marriage;

     (b) Is subject to further review or investigation by the county clerk to ensure that he or she continues to meet the statutory requirements for a person authorized to solemnize a marriage; and

     (c) Shall provide the county clerk with any changes to his or her status or information, including, without limitation, the address or telephone number of the church or religious organization or any other information pertaining to certification.

     4.  A certificate of permission is valid until the county clerk has received an affidavit of revocation of authority to solemnize marriages pursuant to NRS 122.0665.

     5.  An affidavit of revocation of authority to solemnize marriages that is received pursuant to subsection 4 must be sent to the county clerk within 5 days after the minister or other person authorized to solemnize a marriage ceased to be a member of the church or religious organization in good standing or ceased to be a minister or other person authorized to solemnize a marriage for the church or religious organization.

     6.  If the county clerk in the county where the certificate of permission was issued has reason to believe that the minister or other person authorized to solemnize a marriage is no longer in good standing within his or her church or religious organization, or that he or she is no longer a minister or other person authorized to solemnize a marriage, or that such church or religious organization no longer exists, the county clerk may require satisfactory proof of the good standing of the minister or other person authorized to solemnize a marriage.

 


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ê2011 Statutes of Nevada, Page 1856 (Chapter 330, SB 101)ê

 

satisfactory proof of the good standing of the minister or other person authorized to solemnize a marriage. If such proof is not presented within 15 days, the county clerk shall revoke the certificate of permission by amending the electronic record of the minister or other person authorized to solemnize a marriage in the statewide database pursuant to subsection 1.

     7.  [If] Except as otherwise provided in subsection 8, if any minister or other person authorized to solemnize a marriage to whom a certificate of permission has been issued severs ties with his or her church or religious organization or moves from the county in which his or her certificate was issued, the certificate shall expire immediately upon such severance or move, and the church or religious organization shall, within 5 days after the severance or move, file an affidavit of revocation of authority to solemnize marriages pursuant to NRS 122.0665. If the minister or other person authorized to solemnize a marriage voluntarily advises the county clerk of the county in which his or her certificate was issued of his or her severance with his or her church or religious organization, or that he or she has moved from the county, the certificate shall expire immediately upon such severance or move without any notification to the county clerk by the church or religious organization.

     8.  If any minister or other person authorized to solemnize a marriage, who is retired and to whom a certificate of permission has been issued, moves from the county in which his or her certificate was issued to another county in this State, the certificate remains valid until such time as the certificate otherwise expires or is revoked as prescribed by law. The minister or other person authorized to solemnize a marriage must provide his or her new address to the county clerk in the county to which the minister or other person authorized to solemnize a marriage has moved.

     9.  The Secretary of State may adopt regulations concerning the creation and administration of the statewide database. This section does not prohibit the Secretary of State from making the database publicly accessible for the purpose of viewing ministers or other persons who are authorized to solemnize a marriage in this State.

     Sec. 4.  (Deleted by amendment.)

     Sec. 5.  This act becomes effective on July 1, 2011.

________

 


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ê2011 Statutes of Nevada, Page 1857ê

 

CHAPTER 331, SB 82

Senate Bill No. 82–Committee on Government Affairs

 

CHAPTER 331

 

[Approved: June 13, 2011]

 

AN ACT relating to governmental administration; requiring the Chief of the Office of Information Security of the Department of Information Technology to investigate and resolve certain matters relating to security breaches of information systems of certain state agencies and elected officers; authorizing the Director of the Department or the Chief of the Office of Information Security to inform members of certain governmental entities of such security breaches; amending the membership and increasing certain terms of office of the Information Technology Advisory Board; revising the authority of the Department to provide services and equipment to local governmental agencies; requiring certain agencies and officers that use the equipment and information services of the Department to report certain incidents to the Office of Information Security; making various other changes relating to governmental information systems; requiring the Chief of the Purchasing Division of the Department of Administration and local governments to publish certain advertisements for bids or proposals on their respective Internet websites; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Section 4 of this bill requires the Chief of the Office of Information Security of the Department of Information Technology to investigate and resolve any security breach or unauthorized acquisition of computerized data that materially compromises the security, confidentiality or integrity of an information system of a state agency or elected officer that uses the equipment or services of the Department. Section 4 also authorizes the Director to inform the members of certain boards and commissions of such security breaches and unauthorized acquisitions.

       Section 12 of this bill adds the Attorney General or his or her designee to and removes the Superintendent of Public Instruction or his or her designee from the membership of the Information Technology Advisory Board. Section 12 also increases from one person to three persons the number of members who are appointed to the Board by the Governor as representatives of a city or county in this State and increases from 2 to 4 years the term of the members of the Board who are appointed by the Governor.

       Under existing law, the Department is authorized to provide services to counties, cities and towns, and their agencies, if there are sufficient resources available. (NRS 242.141) Section 13 of this bill authorizes the Department to provide services to those local governmental agencies if the provision of services would result in reduced costs to the State for equipment and services.

       Under existing law, the Department is responsible for the information systems of state agencies and elected state officers that are required to use its services and equipment. (NRS 242.171) Section 14 of this bill adds certain testing and monitoring of information systems to the duties of the Department.

       Under existing law, all users of equipment or services of the Department are required to comply with certain regulations. (NRS 242.181) Section 15 of this bill requires such users to report security-related noncompliance and unauthorized access to their information systems or applications of their information systems to the Office of Information Security of the Department within 24 hours after discovery.

 


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ê2011 Statutes of Nevada, Page 1858 (Chapter 331, SB 82)ê

 

       Existing law requires the Chief of the Purchasing Division of the Department of Administration to publish advertisements for bids or proposals for commodities or services in at least one newspaper of general circulation in the State. (NRS 333.310) Section 20 of this bill requires the Chief to publish the advertisement on the Internet website of the Purchasing Division and in a newspaper.

       Under existing law, local governments are required to publish advertisements for bids or proposals for purchasing and public works in a newspaper. (NRS 332.045, 338.1378, 338.1385, 338.143, 338.1692, 338.1723, 338.1907 and 496.090) Sections 19 and 26-28 of this bill require a local government to publish such advertisements on the Internet website of the local government, if the local government maintains an Internet website, in addition to publishing such advertisements in a newspaper.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  Chapter 242 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4, of this act.

     Sec. 2.  “Local governmental agency” means any branch, agency, bureau, board, commission, department or division of a county, incorporated city or town in this State.

     Sec. 3.  “Security validation” means a process or processes used to ensure that an information system or a network associated with an information system is resistant to any known threat.

     Sec. 4.  1.  The Chief of the Office of Information Security shall investigate and resolve any breach of an information system of a state agency or elected officer that uses the equipment or services of the Department or an application of such an information system or unauthorized acquisition of computerized data that materially compromises the security, confidentiality or integrity of such an information system.

     2.  The Director or Chief of the Office of Information Security, at his or her discretion, may inform members of the Technological Crime Advisory Board created by NRS 205A.040, the Nevada Commission on Homeland Security created by NRS 239C.120 and the Information Technology Advisory Board created by NRS 242.122 of any breach of an information system of a state agency or elected officer or application of such an information system or unauthorized acquisition of computerized data that materially compromises the security, confidentiality or integrity of such an information system.

     Sec. 5.  NRS 242.011 is hereby amended to read as follows:

     242.011  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 242.015 to 242.068, inclusive, and sections 2 and 3 of this act have the meanings ascribed to them in those sections.

     Sec. 6.  NRS 242.055 is hereby amended to read as follows:

     242.055  “Information service” means any service relating to the creation, maintenance, operation , security validation, testing, continuous monitoring or use of an information system.

 


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ê2011 Statutes of Nevada, Page 1859 (Chapter 331, SB 82)ê

 

     Sec. 7.  NRS 242.057 is hereby amended to read as follows:

     242.057  “Information system” means any communications or computer equipment, computer software, procedures, personnel or technology used to collect, process, distribute or store information . [within the Executive Branch of State Government.]

     Sec. 8.  NRS 242.059 is hereby amended to read as follows:

     242.059  “Information technology” means any information, information system or information service acquired, developed, operated, maintained or otherwise used . [within the Executive Branch of State Government.]

     Sec. 9.  NRS 242.071 is hereby amended to read as follows:

     242.071  1.  The Legislature hereby determines and declares that the creation of the Department of Information Technology is necessary for the coordinated, orderly and economical processing of information in State Government, to ensure economical use of information systems and to prevent the unnecessary proliferation of equipment and personnel among the various state agencies.

     2.  The purposes of the Department are:

     (a) To perform information services for state agencies.

     (b) To provide technical advice but not administrative control of the information systems within the state agencies [, county agencies and governing bodies and agencies of incorporated cities and towns.] and, as authorized, of local governmental agencies.

     Sec. 10.  NRS 242.101 is hereby amended to read as follows:

     242.101  1.  The Director shall:

     (a) Appoint the chiefs of the [divisions] Programming Division and the Communication and Computing Division of the Department who are in the unclassified service of the State;

     (b) Appoint the Chief of the Office of Information Security who is in the classified service of the State;

     (c) Administer the provisions of this chapter and other provisions of law relating to the duties of the Department; and

     [(c)] (d) Carry out other duties and exercise other powers specified by law.

     2.  The Director may form committees to establish standards and determine criteria for evaluation of policies relating to informational services.

     Sec. 11.  (Deleted by amendment.)

     Sec. 12.  NRS 242.122 is hereby amended to read as follows:

     242.122  1.  There is hereby created an Information Technology Advisory Board. The Board consists of:

     (a) One member appointed by the Majority Floor Leader of the Senate from the membership of the Senate Standing Committee on Finance . [during the immediately preceding session of the Legislature.]

     (b) One member appointed by the Speaker of the Assembly from the membership of the Assembly Standing Committee on Ways and Means . [during the immediately preceding session of the Legislature.]

     (c) Two representatives of using agencies which are major users of the services of the Department. The Governor shall appoint the two representatives. Each such representative serves for a term of [2] 4 years. For the purposes of this paragraph, an agency is a “major user” if it is among the top five users of the services of the Department, based on the amount of money paid by each agency for the services of the Department during the immediately preceding biennium.

 


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ê2011 Statutes of Nevada, Page 1860 (Chapter 331, SB 82)ê

 

top five users of the services of the Department, based on the amount of money paid by each agency for the services of the Department during the immediately preceding biennium.

     (d) The Director of the Department of Administration or his or her designee.

     (e) [The Superintendent of Public Instruction of the Department of Education or his or her designee.

     (f) Three] The Attorney General or his or her designee.

     (f) Five persons appointed by the Governor [in July of each odd-numbered year] as follows:

           (1) [One person] Three persons who [represents] represent a city or county in this State [;] , at least one of whom is engaged in the information technology or information security; and

           (2) Two persons who represent the information technology industry but who:

                (I) Are not employed by this State;

                (II) Do not hold any elected or appointed office in State Government;

                (III) Do not have an existing contract or other agreement to provide information services, systems or technology to an agency of this State; and

                (IV) Are independent of and have no direct or indirect pecuniary interest in a corporation, association, partnership or other business organization which provides information services, systems or technology to an agency of this State.

     2.  Each person appointed pursuant to paragraph (f) of subsection 1 serves for a term of [2] 4 years. No person so appointed may serve more than 2 consecutive terms.

     3.  At the first regular meeting of each calendar year, the members of the Board shall elect a Chair by majority vote.

     Sec. 13.  NRS 242.141 is hereby amended to read as follows:

     242.141  To facilitate the economical processing of data throughout the State Government, the Department may provide service for agencies not under the control of the Governor, upon the request of any such agency. [If there are sufficient resources available to the Department, it] The Department may provide services , including, without limitation, purchasing services, to [counties, cities and towns and to their agencies.] a local governmental agency upon request, if provision of such services will result in reduced costs to the State for equipment and services.

     Sec. 14.  NRS 242.171 is hereby amended to read as follows:

     242.171  1.  The Department is responsible for:

     (a) The applications of information systems;

     (b) Designing and placing those information systems in operation;

     (c) Any application of an information system which it furnishes to state agencies and officers after negotiation; and

     (d) The [writing,] security validation, testing , including, without limitation, penetration testing, and [performance of programs,] continuous monitoring of information systems,

Ê for [the state] using agencies and [elected state officers which are required to use its services.] for state agencies and officers which use the equipment or services of the Department pursuant to subsection 2 of NRS 242.131.

 


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ê2011 Statutes of Nevada, Page 1861 (Chapter 331, SB 82)ê

 

     2.  The Director shall review and approve or disapprove, pursuant to standards for justifying cost, any application of an information system having an estimated developmental cost of $50,000 or more. No using agency may commence development work on any such applications until approval and authorization have been obtained from the Director.

     3.  As used in this section, “penetration testing” means a method of evaluating the security of an information system or application of an information system by simulating unauthorized access to the information system or application.

     Sec. 15.  NRS 242.181 is hereby amended to read as follows:

     242.181  1.  Any state agency or elected state officer which uses the equipment or services of the Department shall adhere to the regulations, standards, practices, policies and conventions of the Department.

     2.  Each state agency or elected state officer described in subsection 1 shall report any suspected incident of:

     (a) Unauthorized access to an information system or application of an information system of the Department used by the state agency or elected state officer; and

     (b) Noncompliance with the regulations, standards, practices, policies and conventions of the Department that is identified by the Department as security-related,

Ê to the Office of Information Security of the Department within 24 hours after discovery of the suspected incident. If the Office determines that an incident of unauthorized access or noncompliance occurred, the Office shall immediately report the incident to the Director. The Director shall assist in the investigation and resolution of any such incident.

     3.  The Department shall provide services to each state agency and elected state officer described in subsection 1 uniformly with respect to degree of service, priority of service, availability of service and cost of service.

     Sec. 16.  NRS 242.191 is hereby amended to read as follows:

     242.191  1.  Except as otherwise provided in subsection 3, the amount receivable from [an] a state agency or officer or local governmental agency [availing itself of] which uses the services of the Department must be determined by the Director in each case and include:

     (a) The annual expense, including depreciation, of operating and maintaining the Communication and Computing Division, distributed among the agencies in proportion to the services performed for each agency.

     (b) A service charge in an amount determined by distributing the monthly installment for the construction costs of the computer facility among the agencies in proportion to the services performed for each agency.

     2.  The Director shall prepare and submit monthly to the state agencies and officers and local governmental agencies for which services of the Department have been performed an itemized statement of the amount receivable from each state agency or officer or local governmental agency.

     3.  The Director may authorize, if in his or her judgment the circumstances warrant, a fixed cost billing, including a factor for depreciation, for services rendered to [an] a state agency or officer or local governmental agency.

     Sec. 17.  NRS 242.231 is hereby amended to read as follows:

     242.231  Upon the receipt of a statement submitted pursuant to subsection 2 of NRS 242.191, each state agency or officer shall authorize the State Controller by transfer or warrant to draw money from the agency’s account in the amount of the statement for transfer to or placement in the Fund for Information Services.

 


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ê2011 Statutes of Nevada, Page 1862 (Chapter 331, SB 82)ê

 

State Controller by transfer or warrant to draw money from the agency’s account in the amount of the statement for transfer to or placement in the Fund for Information Services.

     Sec. 18.  NRS 205.4765 is hereby amended to read as follows:

     205.4765  1.  Except as otherwise provided in subsection 6, a person who knowingly, willfully and without authorization:

     (a) Modifies;

     (b) Damages;

     (c) Destroys;

     (d) Discloses;

     (e) Uses;

     (f) Transfers;

     (g) Conceals;

     (h) Takes;

     (i) Retains possession of;

     (j) Copies;

     (k) Obtains or attempts to obtain access to, permits access to or causes to be accessed; or

     (l) Enters,

Ê data, a program or any supporting documents which exist inside or outside a computer, system or network is guilty of a misdemeanor.

     2.  Except as otherwise provided in subsection 6, a person who knowingly, willfully and without authorization:

     (a) Modifies;

     (b) Destroys;

     (c) Uses;

     (d) Takes;

     (e) Damages;

     (f) Transfers;

     (g) Conceals;

     (h) Copies;

     (i) Retains possession of; or

     (j) Obtains or attempts to obtain access to, permits access to or causes to be accessed,

Ê equipment or supplies that are used or intended to be used in a computer, system or network is guilty of a misdemeanor.

     3.  Except as otherwise provided in subsection 6, a person who knowingly, willfully and without authorization:

     (a) Destroys;

     (b) Damages;

     (c) Takes;

     (d) Alters;

     (e) Transfers;

     (f) Discloses;

     (g) Conceals;

     (h) Copies;

     (i) Uses;

     (j) Retains possession of; or

     (k) Obtains or attempts to obtain access to, permits access to or causes to be accessed,

Ê a computer, system or network is guilty of a misdemeanor.

 


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ê2011 Statutes of Nevada, Page 1863 (Chapter 331, SB 82)ê

 

     4.  Except as otherwise provided in subsection 6, a person who knowingly, willfully and without authorization:

     (a) Obtains and discloses;

     (b) Publishes;

     (c) Transfers; or

     (d) Uses,

Ê a device used to access a computer, network or data is guilty of a misdemeanor.

     5.  Except as otherwise provided in subsection 6, a person who knowingly, willfully and without authorization introduces, causes to be introduced or attempts to introduce a computer contaminant into a computer, system or network is guilty of a misdemeanor.

     6.  If the violation of any provision of this section:

     (a) Was committed to devise or execute a scheme to defraud or illegally obtain property;

     (b) Caused response costs, loss, injury or other damage in excess of $500; or

     (c) Caused an interruption or impairment of a public service, including, without limitation, a governmental operation, a system of public communication or transportation or a supply of water, gas or electricity,

Ê the person is guilty of a category C felony and shall be punished as provided in NRS 193.130, and may be further punished by a fine of not more than $100,000. In addition to any other penalty, the court shall order the person to pay restitution.

     7.  The provisions of this section do not apply to a person performing any testing, including, without limitation, penetration testing, of an information system of an agency that uses the equipment or services of the Department of Information Technology that is authorized by the Director of the Department of Information Technology or the chief of the Office of Information Security of the Department. As used in this subsection:

     (a) “Information system” has the meaning ascribed to it in NRS 242.057.

     (b) “Penetration testing” has the meaning ascribed to it in NRS 242.171.

     Sec. 19.  NRS 332.045 is hereby amended to read as follows:

     332.045  1.  The advertisement required by paragraph (a) of subsection 1 of NRS 332.039 must [be published at least once and not less than 7 days before the opening of bids. The advertisement must] be by notice to bid and must be published [in] :

     (a) In a newspaper qualified pursuant to chapter 238 of NRS that has a general circulation within the county wherein the local government, or a major portion thereof, is situated [.] at least once and not less than 7 days before the opening of bids; and

     (b) On the Internet website of the local government, if the local government maintains an Internet website, every day for not less than 7 days before the opening of bids.

     2.  The notice must state:

     (a) The nature, character or object of the contract.

     (b) If plans and specifications are to constitute part of the contract, where the plans and specifications may be seen.

     (c) The time and place where bids will be received and opened.

     (d) Such other matters as may properly pertain to giving notice to bid.

 


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ê2011 Statutes of Nevada, Page 1864 (Chapter 331, SB 82)ê

 

     Sec. 20.  NRS 333.310 is hereby amended to read as follows:

     333.310  1.  An advertisement must contain a general description of the classes of commodities or services for which a bid or proposal is wanted and must state:

     (a) The name and location of the department, agency, local government, district or institution for which the purchase is to be made.

     (b) Where and how specifications and quotation forms may be obtained.

     (c) If the advertisement is for bids, whether the Chief is authorized by the using agency to be supplied to consider a bid for an article that is an alternative to the article listed in the original request for bids if:

           (1) The specifications of the alternative article meet or exceed the specifications of the article listed in the original request for bids;

           (2) The purchase of the alternative article results in a lower price; and

           (3) The Chief deems the purchase of the alternative article to be in the best interests of the State of Nevada.

     (d) Notice of the preference set forth in NRS 333.3366.

     (e) The date and time not later than which responses must be received by the Purchasing Division.

     (f) The date and time when responses will be opened.

Ê The Chief or a designated agent of the Chief shall approve the copy for the advertisement.

     2.  Each advertisement must be published [in] :

     (a) In at least one newspaper of general circulation in the State. The selection of the newspaper to carry the advertisement must be made in the manner provided by this chapter for other purchases, on the basis of the lowest price to be secured in relation to the paid circulation [.] ; and

     (b) On the Internet website of the Purchasing Division.

     Secs. 21-25.  (Deleted by amendment.)

     Sec. 26.  NRS 338.1723 is hereby amended to read as follows:

     338.1723  1.  A public body shall advertise for preliminary proposals for the design and construction of a public work by a design-build team . [in] The advertisement must be published:

     (a) In a newspaper qualified pursuant to chapter 238 of NRS that is published in the county where the public work will be performed [.] at least once and not less than 7 days before the opening of bids; and

     (b) On the Internet website of the public body, if the public body maintains an Internet website, every day for not less than 7 days before the opening of bids.

Ê If no qualified newspaper is published in the county where the public work will be performed, the required advertisement must be published in some qualified newspaper that is printed in the State of Nevada and has a general circulation in the county.

     2.  A request for preliminary proposals published pursuant to subsection 1 must include, without limitation:

     (a) A description of the public work to be designed and constructed;

     (b) An estimate of the cost to design and construct the public work;

     (c) The dates on which it is anticipated that the separate phases of the design and construction of the public work will begin and end;

     (d) The date by which preliminary proposals must be submitted to the public body;

 


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ê2011 Statutes of Nevada, Page 1865 (Chapter 331, SB 82)ê

 

     (e) If the proposal is for a public work of the State, a statement setting forth that the prime contractor must be qualified to bid on a public work of the State pursuant to NRS 338.1379 before submitting a preliminary proposal;

     (f) A description of the extent to which designs must be completed for both preliminary and final proposals and any other requirements for the design and construction of the public work that the public body determines to be necessary;

     (g) A list of the requirements set forth in NRS 338.1721;

     (h) A list of the factors and relative weight assigned to each factor that the public body will use to evaluate design-build teams who submit a proposal for the public work;

     (i) Notice that a design-build team desiring to submit a proposal for the public work must include with its proposal the information used by the public body to determine finalists among the design-build teams submitting proposals pursuant to subsection 2 of NRS 338.1725 and a description of that information; and

     (j) A statement as to whether a design-build team that is selected as a finalist pursuant to NRS 338.1725 but is not awarded the design-build contract pursuant to NRS 338.1727 will be partially reimbursed for the cost of preparing a final proposal and, if so, an estimate of the amount of the partial reimbursement.

     Sec. 27.  NRS 338.1907 is hereby amended to read as follows:

     338.1907  1.  A governing body may designate one or more energy retrofit coordinators for the buildings occupied by the local government.

     2.  If such a coordinator is designated, upon request by or consultation with an officer or employee of the local government who is responsible for the budget of a department, board, commission or other entity of the local government, the coordinator may request the approval of the governing body to advertise a request for proposals to retrofit a building, or any portion thereof, that is occupied by the department, board, commission or other entity, to make the use of energy in the building, or portion thereof, more efficient.

     3.  Upon approval of the governing body, the coordinator shall prepare a request for proposals for the retrofitting of one or more buildings, or any portion thereof, which includes:

     (a) The name and location of the coordinator;

     (b) A brief description of the requirements for the initial audit of the use of energy and the retrofitting;

     (c) Where and how specifications of the requirements for the initial audit of the use of energy and the retrofitting may be obtained;

     (d) The date and time not later than which proposals must be received by the coordinator; and

     (e) The date and time when responses will be opened.

     4.  The request for proposals must be published :

     (a) On the Internet website of the governing body, if the governing body maintains an Internet website, every day for not less than 7 days before the opening of bids; and [in]

 


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ê2011 Statutes of Nevada, Page 1866 (Chapter 331, SB 82)ê

 

     (b) In a newspaper qualified pursuant to chapter 238 of NRS that is published in the county where the public work will be performed [.] at least once and not less than 7 days before the opening of bids.

Ê If no qualified newspaper is published in the county where the public work will be performed, the required advertisement must be published in some qualified newspaper that is printed in the State of Nevada and has a general circulation in the county where the public work will be performed.

     5.  After receiving the proposals but before making a decision on the proposals, the coordinator shall consider:

     (a) The best interests of the local government;

     (b) The experience and financial stability of the persons submitting the proposals;

     (c) Whether the proposals conform with the terms of the request for proposals;

     (d) The prices of the proposals; and

     (e) Any other factor disclosed in the request for proposals.

     6.  The coordinator shall determine the relative weight of each factor before a request for proposals is advertised. The weight of each factor must not be disclosed before the date proposals are required to be submitted to the coordinator.

     7.  After reviewing the proposals, if the coordinator determines that the dollar value of the annual energy savings resulting from the retrofit will meet or exceed the total annual contract payments to be made by the local government, including any financing charges to be incurred by the local government over the life of the contract, the coordinator shall select the best proposal and request the approval of the governing body to award the contract. The request for approval must include the proposed method of financing the audit and retrofit, which may include an installment contract, a shared savings contract or any other contract for a reasonable financing arrangement. Such a contract may commit the local government to make payments beyond the fiscal year in which the contract is executed or beyond the terms of office of the governing body, or both.

     8.  Before approving a retrofit pursuant to this section, the governing body shall evaluate any projects that would utilize shared savings as a method of payment or any method of financing that would commit the local government to make payments beyond the fiscal year in which the contract is executed or beyond the terms of office of the governing body to ensure that:

     (a) The dollar value of the annual energy savings resulting from the retrofit will meet or exceed the total annual contract payments to be made by the local government related to the retrofit, including any financing charges to be incurred by the local government over the life of the contract; and

     (b) The local government is likely to continue to occupy the building for the entire period required to recoup the cost of the retrofit in energy savings.

     9.  Upon approval of the governing body, the coordinator shall execute the contract and notify each officer or employee who is responsible for the budget of a department, board, commission or other entity which occupies a portion of a building that will be retrofitted of the amount of money it will be required to pay annually for its portion of the retrofit.

     10.  A change order to a contract executed pursuant to this section may not be approved by the local government if the cost of the change order would cause the dollar value of the annual energy savings resulting from the retrofit to be less than the total annual contract payments to be made by the local government, including financing charges to be incurred by the local government over the life of the contract, unless approval of the change order is more economically feasible than termination of the retrofit.

 


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ê2011 Statutes of Nevada, Page 1867 (Chapter 331, SB 82)ê

 

would cause the dollar value of the annual energy savings resulting from the retrofit to be less than the total annual contract payments to be made by the local government, including financing charges to be incurred by the local government over the life of the contract, unless approval of the change order is more economically feasible than termination of the retrofit.

     11.  NRS 338.1385 and 338.143 do not apply to a project for which a request for proposals is advertised and the contract is awarded pursuant to the provisions of this section.

     Sec. 28.  NRS 496.090 is hereby amended to read as follows:

     496.090  1.  In operating an airport or air navigation facility or any other facilities appertaining to the airport owned, leased or controlled by a municipality, the municipality may, except as limited by the terms and conditions of any grant, loan or agreement pursuant to NRS 496.180, enter into:

     (a) Contracts, leases and other arrangements with any persons:

           (1) Granting the privilege of using or improving the airport or air navigation facility, or any portion or facility thereof, or space therein, for commercial purposes. The municipality may, if it determines that an improvement benefits the municipality, reimburse the person granted the privilege for all or any portion of the cost of making the improvement.

           (2) Conferring the privilege of supplying goods, commodities, things, services or facilities at the airport or air navigation facility or other facilities.

           (3) Making available services to be furnished by the municipality or its agents or by other persons at the airport or air navigation facility or other facilities.

           (4) Providing for the maintenance of the airport or air navigation facility, or any portion or facility thereof, or space therein.

           (5) Allowing residential occupancy of property acquired by the municipality.

     (b) Contracts for the sale of revenue bonds or other securities whose issuance is authorized by the Local Government Securities Law or NRS 496.150 or 496.155, for delivery within 10 years after the date of the contract.

     2.  In each case the municipality may establish the terms and conditions and fix the charges, rentals or fees for the privileges or services, which must be reasonable and uniform for the same class of privilege or service and must be established with due regard to the property and improvements used and the expenses of operation to the municipality.

     3.  Except as otherwise provided in this subsection, and as an alternative to the procedure provided in subsection 2 of NRS 496.080, to the extent of its applicability, the governing body of any municipality may authorize it to enter into any such contracts, leases and other arrangements with any persons, as provided in this section, for a period not exceeding 50 years, upon such terms and conditions as the governing body deems proper. The provisions of this subsection must not be used to circumvent the requirement set forth in subsection 2 of NRS 496.080 that the disposal of real property be made by public auction.

     4.  Before entering into any such contract, lease or other arrangements, the municipality shall publish notice of its intention in general terms on the Internet website of the municipality, if the municipality maintains an Internet website, for a period of not less than 10 consecutive days, and in a newspaper of general circulation within the municipality at least once a week for 21 days or three times during a period of 10 days.

 


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ê2011 Statutes of Nevada, Page 1868 (Chapter 331, SB 82)ê

 

Internet website of the municipality, if the municipality maintains an Internet website, for a period of not less than 10 consecutive days, and in a newspaper of general circulation within the municipality at least once a week for 21 days or three times during a period of 10 days. If there is not a newspaper of general circulation within the municipality, the municipality shall post a notice of its intention in a public place at least once a week for 30 days. The notice must specify that a regular meeting of the governing body is to be held, at which meeting any interested person may appear. No such contract, lease or other arrangement may be entered into by the municipality until after the notice has been given and a meeting held as provided in this subsection.

     5.  Any member of a municipality’s governing body may vote on any such contract, lease or other arrangement notwithstanding the fact that the term of the contract, lease or other arrangement may extend beyond the member’s term of office.

     Sec. 29.  Notwithstanding the provisions of NRS 242.122, as amended by section 12 of this act, the existing members of the Information Technology Advisory Board who are appointed to 2-year terms by the Governor pursuant to NRS 242.122 may continue to serve as a member of the Board until the expiration of their current terms and until the Governor appoints successors to 4-year terms pursuant to NRS 242.122, as amended by section 12 of this act. If a position on the Board becomes vacant on or after July 1, 2011, the vacancy must be filled in the manner provided in NRS 242.122, as amended by section 12 of this act.

     Sec. 30.  This act becomes effective on July 1, 2011.

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ê2011 Statutes of Nevada, Page 1869ê

 

CHAPTER 332, SB 55

Senate Bill No. 55–Committee on Government Affairs

 

CHAPTER 332

 

[Approved: June 13, 2011]

 

AN ACT relating to older persons; revising the crimes against an older person that are subject to an additional civil penalty; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law authorizes the Attorney General to bring a civil action to recover a civil penalty against any person who is found guilty of abuse, neglect, exploitation or isolation of an older person. (NRS 228.280) This bill expands the list of crimes that are subject to an additional civil penalty to include certain crimes committed against a person who is 60 years of age or older.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  NRS 228.280 is hereby amended to read as follows:

     228.280  1.  In addition to any criminal penalty, a person who is [found guilty] convicted of a crime against an older person for which an additional term of imprisonment may be imposed pursuant to paragraph (h), (i) or (j) of subsection 1 of NRS 193.167 or of the abuse, neglect, exploitation or isolation of an older person pursuant to NRS 200.5099 or 200.50995 is liable for a civil penalty to be recovered by the Attorney General in a civil action brought in the name of the State of Nevada:

     (a) For the first offense, in an amount which is not less than $5,000 and not more than $20,000.

     (b) For a second or subsequent offense, in an amount which is not less than $10,000 and not more than $30,000.

     2.  The Attorney General shall deposit any money collected for civil penalties pursuant to subsection 1 in equal amounts to:

     (a) A separate account in the Fund for the Compensation of Victims of Crime created pursuant to NRS 217.260 to provide compensation to older persons who are [abused,] :

           (1) Victims of a crime for which an additional term of imprisonment may be imposed pursuant to paragraph (h), (i) or (j) of subsection 1 of NRS 193.167; or

           (2) Abused, neglected, exploited or isolated in violation of NRS 200.5099 and 200.50995 . [; and]

     (b) The Account for the Unit for the Investigation and Prosecution of Crimes Against Older Persons created pursuant to NRS 228.285.

     Sec. 2.  This act becomes effective on July 1, 2011.

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ê2011 Statutes of Nevada, Page 1870ê

 

CHAPTER 333, SB 36

Senate Bill No. 36–Committee on Commerce, Labor and Energy

 

CHAPTER 333

 

[Approved: June 13, 2011]

 

AN ACT relating to health care providers; requiring each person licensed by the State Board of Podiatry to maintain a permanent mailing address with the Board; requiring each licensee to provide the Board with written notification of any change in his or her permanent address; requiring the Board to impose a fine if a licensee fails to notify the Board of a change in his or her permanent address; requiring a licensee who closes his or her office in this State to notify the Board of the location and custodian of the medical records of the patients of the licensee for a certain period; codifying in statutory form the requirement in administrative regulation that an applicant for a license issued by the Board submit to a criminal background check; revising provisions governing the qualifications for obtaining a license to practice dental hygiene; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law authorizes the State Board of Podiatry to license and regulate the conduct of podiatrists and podiatry hygienists. (NRS 635.050-635.180) Section 2 of this bill requires a licensee to maintain a permanent mailing address with the Board and notify the Board in writing of any change in the licensee’s permanent address. Section 2 also requires the Board to impose a fine against any licensee who fails to notify the Board of a change in his or her permanent address. Additionally, section 2 requires a licensee who changes the location of his or her office to notify the Board of the new location and requires a licensee who closes his or her office to notify the Board of the closure within 14 days after closing the office. Section 2 further requires a licensee who closes his or her office to keep the Board apprised of the location and custodian of the medical records of the licensee’s patients for a minimum of 5 years.

       Existing regulation requires each applicant for licensure by the Board to submit to the Board a complete set of fingerprints and written permission authorizing the Board to submit the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report. (NAC 635.023) Section 3 of this bill codifies in statute this existing requirement in regulation.

       Section 4 of this bill provides that a licensee is subject to disciplinary action if he or she fails to notify the Board in writing of a change in permanent mailing address in the manner required by section 2 of this bill.

       Section 4.5 of this bill revises provisions governing the qualifications for obtaining a license to practice dental hygiene by providing that an applicant may satisfy the clinical examination requirement for licensure if he or she presents evidence to the Board of Dental Examiners of Nevada that the applicant has, within the 5 years immediately preceding the date of the application, passed a clinical examination approved by the Board and the American Board of Dental Examiners.

 


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ê2011 Statutes of Nevada, Page 1871 (Chapter 333, SB 36)ê

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  Chapter 635 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

     Sec. 2.  1.  Each licensee shall:

     (a) Maintain a permanent mailing address with the Board; and

     (b) If the licensee changes his or her permanent mailing address, notify the Board in writing of the new permanent mailing address within 30 days after the change of address.

     2.  If a licensee fails to provide the written notice required by paragraph (b) of subsection 1, the Board shall, in addition to any disciplinary action taken or fine imposed pursuant to NRS 635.130, impose upon the licensee a fine not to exceed $250.

     3.  A licensee who changes the location of his or her office in this State shall notify the Board in writing of the change in location before practicing at the new location.

     4.  A licensee who closes his or her office in this State shall:

     (a) Notify the Board in writing of the closure within 14 days after closing the office; and

     (b) For a period of 5 years thereafter, unless a longer period of retention is provided by federal law, keep the Board apprised in writing of the location and custodian of the medical records of the patients of the licensee.

     Sec. 3.  Each applicant for a license, including, without limitation, a limited or provisional license, must submit to the Board:

     1.  A complete set of fingerprints; and

     2.  Written permission authorizing the Board to forward the fingerprints submitted pursuant to subsection 1 to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.

     Sec. 4.  NRS 635.130 is hereby amended to read as follows:

     635.130  1.  The Board, after notice and a hearing as required by law, and upon any cause enumerated in subsection 2, may take one or more of the following disciplinary actions:

     (a) Deny an application for a license or refuse to renew a license.

     (b) Suspend or revoke a license.

     (c) Place a licensee on probation.

     (d) Impose a fine not to exceed $5,000.

     2.  The Board may take disciplinary action against a licensee for any of the following causes:

     (a) The making of a false statement in any affidavit required of the applicant for application, examination or licensure pursuant to the provisions of this chapter.

     (b) Lending the use of the holder’s name to an unlicensed person.

     (c) If the holder is a podiatric physician, permitting an unlicensed person in his or her employ to practice as a podiatry hygienist.

 


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ê2011 Statutes of Nevada, Page 1872 (Chapter 333, SB 36)ê

 

     (d) Habitual indulgence in the use of alcohol or any controlled substance which impairs the intellect and judgment to such an extent as in the opinion of the Board incapacitates the holder in the performance of his or her professional duties.

     (e) Conviction of a crime involving moral turpitude.

     (f) Conviction of violating any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive.

     (g) Conduct which in the opinion of the Board disqualifies the licensee to practice with safety to the public.

     (h) The commission of fraud by or on behalf of the licensee regarding his or her license or practice.

     (i) Gross incompetency.

     (j) Affliction of the licensee with any mental or physical disorder which seriously impairs his or her competence as a podiatric physician or podiatry hygienist.

     (k) False representation by or on behalf of the licensee regarding his or her practice.

     (l) Unethical or unprofessional conduct.

     (m) Failure to comply with the requirements of subsection 1 of section 2 of this act.

     (n) Willful or repeated violations of this chapter or regulations adopted by the Board.

     [(n)] (o) Willful violation of the regulations adopted by the State Board of Pharmacy.

     [(o)] (p) Operation of a medical facility, as defined in NRS 449.0151, at any time during which:

           (1) The license of the facility is suspended or revoked; or

           (2) An act or omission occurs which results in the suspension or revocation of the license pursuant to NRS 449.160.

Ê This paragraph applies to an owner or other principal responsible for the operation of the facility.

     Sec. 4.5.  Section 1.5 of Assembly Bill No. 55 of this session is hereby amended to read as follows:

      Sec. 1.5.  NRS 631.300 is hereby amended to read as follows:

      631.300  1.  Any person desiring to obtain a license to practice dental hygiene, after having complied with the regulations of the Board to determine eligibility:

      (a) Except as otherwise provided in NRS 622.090, must pass a written examination given by the Board upon such subjects as the Board deems necessary for the practice of dental hygiene or must present a certificate granted by the Joint Commission on National Dental Examinations which contains a notation that the applicant has passed the National Board Dental Hygiene Examination with a score of at least 75; and

      (b) Except as otherwise provided in this chapter, must:

           (1) Successfully pass a clinical examination approved by the Board and the American Board of Dental Examiners [;] or present evidence to the Board that the applicant has passed such a clinical examination within the 5 years immediately preceding the date of the application;

 


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ê2011 Statutes of Nevada, Page 1873 (Chapter 333, SB 36)ê

 

           (2) Successfully complete a clinical examination in dental hygiene given by the Board which examines the applicant’s practical knowledge of dental hygiene and which includes, but is not limited to, demonstrations in the removal of deposits from, and the polishing of, the exposed surface of the teeth; or

           (3) Present to the Board a certificate granted by the Western Regional Examining Board which contains a notation that the applicant has passed, within the 5 years immediately preceding the date of the application, a clinical examination administered by the Western Regional Examining Board.

      2.  The clinical examination given by the Board must include components that are:

      (a) Written or oral, or a combination of both; and

      (b) Practical, as in the opinion of the Board is necessary to test the qualifications of the applicant.

      3.  The Board shall examine each applicant in writing on the contents and interpretation of this chapter and the regulations of the Board.

      4.  All persons who have satisfied the requirements for licensure as a dental hygienist must be registered as licensed dental hygienists on the board register, as provided in this chapter, and are entitled to receive a certificate of registration, signed by all members of the Board.

     Sec. 5.  This act becomes effective upon passage and approval.

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ê2011 Statutes of Nevada, Page 1874ê

 

CHAPTER 334, SB 32

Senate Bill No. 32–Committee on Revenue

 

CHAPTER 334

 

[Approved: June 13, 2011]

 

AN ACT relating to the equalization of property valuations; extending under certain circumstances the deadline for appeals to county boards of equalization; extending certain deadlines for the State Board of Equalization to conclude the business of equalization; requiring the State Board to post a schedule of certain meetings on the Internet website of the Department of Taxation; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       A taxpayer who desires to appeal the valuation of his or her property to a county board of equalization must file the appeal on or before January 15. (NRS 361.340) Section 1 of this bill extends that deadline to the next business day if January 15 falls on a Saturday, Sunday or legal holiday.

       The State Board of Equalization hears appeals from the actions of the county boards of equalization and is required to equalize property valuations in the State by reviewing the tax rolls of the various counties and raising or lowering assessed property values, if appropriate, to ensure a uniform and equal rate of assessment and taxation in this State. (NRS 361.395, 361.400) Existing law requires the State Board to conclude the business of equalization on or before April 15 on cases that in its opinion have a substantial effect on tax revenues, while cases having a less substantive effect on tax revenues may be heard at additional meetings before October 1. (NRS 361.380) Section 3 of this bill instead requires that if a proposed equalization affects local governmental entities in more than one county and is likely to have a substantial effect on tax revenues, the State Board must notify each affected local governmental entity of the proposed equalization on or before April 30. In addition, sections 2 and 3 of this bill extend the deadline for cases which have a less substantive effect, or those arising from decisions made in individual cases, to November 1. Section 3 also requires the State Board to post a schedule of its meetings concerning such equalization on the Department of Taxation’s Internet website in addition to publishing notice of meetings to be held in locations other than Carson City in a newspaper in the county where the meetings are to be held.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  NRS 361.340 is hereby amended to read as follows:

     361.340  1.  Except as otherwise provided in subsection 2, the board of equalization of each county consists of:

     (a) Five members, only two of whom may be elected public officers, in counties having a population of 15,000 or more; and

     (b) Three members, only one of whom may be an elected public officer, in counties having a population of less than 15,000.

     2.  The board of county commissioners may by resolution provide for an additional panel of like composition to be added to the board of equalization to serve for a designated fiscal year. The board of county commissioners may also appoint alternate members to either panel.

 


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ê2011 Statutes of Nevada, Page 1875 (Chapter 334, SB 32)ê

 

     3.  A district attorney, county treasurer or county assessor or any of their deputies or employees may not be appointed to the county board of equalization.

     4.  The chair of the board of county commissioners shall nominate persons to serve on the county board of equalization who are sufficiently experienced in business generally to be able to bring knowledge and sound judgment to the deliberations of the board or who are elected public officers. The nominees must be appointed upon a majority vote of the board of county commissioners. The chair of the board of county commissioners shall designate one of the appointees to serve as chair of the county board of equalization.

     5.  Except as otherwise provided in this subsection, the term of each member is 4 years and any vacancy must be filled by appointment for the unexpired term. The term of any elected public officer expires upon the expiration of the term of his or her elected office.

     6.  The county clerk or his or her designated deputy is the clerk of each panel of the county board of equalization.

     7.  Any member of the county board of equalization may be removed by the board of county commissioners if, in its opinion, the member is guilty of malfeasance in office or neglect of duty.

     8.  The members of the county board of equalization are entitled to receive per diem allowance and travel expenses as provided for state officers and employees. The board of county commissioners of any county may by resolution provide for compensation to members of the board of equalization in its county who are not elected public officers as it deems adequate for time actually spent on the work of the board of equalization. In no event may the rate of compensation established by a board of county commissioners exceed $125 per day.

     9.  A majority of the members of the county board of equalization constitutes a quorum, and a majority of the board determines the action of the board.

     10.  A county board of equalization shall comply with any applicable regulation adopted by the Nevada Tax Commission.

     11.  The county board of equalization of each county shall hold such number of meetings as may be necessary to care for the business of equalization presented to it. Every appeal to the county board of equalization must be filed not later than January 15. If January 15 falls on a Saturday, Sunday or legal holiday, the appeal may be filed on the next business day. Each county board shall cause to be published, in a newspaper of general circulation published in that county, a schedule of dates, times and places of the board meetings at least 5 days before the first meeting. The county board of equalization shall conclude the business of equalization on or before the last day of February of each year except as to matters remanded by the State Board of Equalization. The State Board of Equalization may establish procedures for the county boards, including setting the period for hearing appeals and for setting aside time to allow the county board to review and make final determinations. The district attorney or his or her deputy shall be present at all meetings of the county board of equalization to explain the law and the board’s authority.

     12.  The county assessor or his or her deputy shall attend all meetings of each panel of the county board of equalization.

 


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ê2011 Statutes of Nevada, Page 1876 (Chapter 334, SB 32)ê

 

     Sec. 2.  NRS 361.360 is hereby amended to read as follows:

     361.360  1.  Any taxpayer aggrieved at the action of the county board of equalization in equalizing, or failing to equalize, the value of his or her property, or property of others, or a county assessor, may file an appeal with the State Board of Equalization on or before March 10 and present to the State Board of Equalization the matters complained of at one of its sessions. If March 10 falls on a Saturday, Sunday or legal holiday, the appeal may be filed on the next business day.

     2.  All such appeals must be presented upon the same facts and evidence as were submitted to the county board of equalization in the first instance, unless there is discovered new evidence pertaining to the matter which could not, by due diligence, have been discovered before the final adjournment of the county board of equalization. The new evidence must be submitted in writing to the State Board of Equalization and served upon the county assessor not less than 7 days before the hearing.

     3.  Any taxpayer whose real or personal property placed on the unsecured tax roll was assessed after December 15 but before or on the following April 30 may likewise protest to the State Board of Equalization. Every such appeal must be filed on or before May 15. If May 15 falls on a Saturday, Sunday or legal holiday, the appeal may be filed on the next business day. A meeting must be held before May 31 to hear those protests that in the opinion of the State Board of Equalization may have a substantial effect on tax revenues. One or more meetings may be held at any time and place in the State before [October] November 1 to hear all other protests.

     4.  The State Board of Equalization may not reduce the assessment of the county assessor if:

     (a) The appeal involves an assessment on property which the taxpayer has refused or, without good cause, has neglected to include in the list required of the taxpayer pursuant to NRS 361.265 or if the taxpayer has refused or, without good cause, has neglected to provide the list to the county assessor; or

     (b) The taxpayer has, without good cause, refused entry to the assessor for the purpose of conducting the physical examination authorized by NRS 361.260.

     5.  Any change made in an assessment appealed to the State Board of Equalization is effective only for the fiscal year for which the assessment was made. The county assessor shall review each such change and maintain or remove the change as circumstances warrant for the next fiscal year.

     6.  If the State Board of Equalization determines that the record of a case on appeal from the county board of equalization is inadequate because of an act or omission of the county assessor, the district attorney or the county board of equalization, the State Board of Equalization may remand the case to the county board of equalization with directions to develop an adequate record within 30 days after the remand. The directions must indicate specifically the inadequacies to be remedied. If the State Board of Equalization determines that the record returned from the county board of equalization after remand is still inadequate, the State Board of Equalization may hold a hearing anew on the appellant’s complaint or it may, if necessary, contract with an appropriate person to hear the matter, develop an adequate record in the case and submit recommendations to the State Board. The cost of the contract and all costs, including attorney’s fees, to the State or the appellant necessary to remedy the inadequate record on appeal are a charge against the county.

 


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ê2011 Statutes of Nevada, Page 1877 (Chapter 334, SB 32)ê

 

of the contract and all costs, including attorney’s fees, to the State or the appellant necessary to remedy the inadequate record on appeal are a charge against the county.

     Sec. 3.  NRS 361.380 is hereby amended to read as follows:

     361.380  1.  Except as otherwise provided in subsection 3, annually, the State Board of Equalization shall convene on the fourth Monday in March in Carson City, Nevada, and shall hold such number of meetings as may be necessary to care for the business of equalization presented to it. [The] If a proposed equalization affects local governmental entities in more than one county and the equalization, in the opinion of the State Board of Equalization, is likely to have a substantial effect on tax revenues, the State Board of Equalization shall [conclude the business] notify each affected local governmental entity of the proposed equalization on [cases that in its opinion have a substantial effect on tax revenues on] or before April [15. Cases having less than a substantial effect on tax revenues] 30. Cases may be heard at additional meetings which may be held at any time and place in the state before [October] November 1.

     2.  The publication in the statutes of the foregoing time, place and purpose of each regular session of the State Board of Equalization is notice of such sessions, or if it so elects, the State Board of Equalization may cause published notices of such regular sessions to be made in the press, or may notify parties in interest by letter or otherwise.

     3.  The State Board of Equalization may designate some place other than Carson City, Nevada, for any of the meetings specified in subsection 1. If such other place is so designated, notice thereof must be given by publication of a notice once a week for 2 consecutive weeks in some newspaper of general circulation in the county in which such meeting or meetings are to be held. The State Board of Equalization must also post a schedule of each such meeting on the Internet website maintained by the Department.

     Sec. 4.  NRS 361.405 is hereby amended to read as follows:

     361.405  1.  The Secretary of the State Board of Equalization forthwith shall certify any change made by the Board in the assessed valuation of any property in whole or in part to the county auditor of the county where the property is assessed, and whenever the valuation of any property is raised, the Secretary of the State Board of Equalization shall forward by certified mail to the property owner or owners affected, notice of the increased valuation.

     2.  As soon as changes resulting from cases having a substantial effect on tax revenues have been certified to the county auditor by the Secretary of the State Board of Equalization, the county auditor shall:

     (a) Enter all such changes and the value of any construction work in progress and net proceeds of minerals which were certified to him or her by the Department, on the assessment roll before the delivery thereof to the tax receiver.

     (b) Add up the valuations and enter the total valuation of each kind of property and the total valuation of all property on the assessment roll.

     (c) Certify the results to the board of county commissioners and the Department . [on or before April 15 of each year.]

     3.  The board of county commissioners shall not levy a tax on the net proceeds of minerals added to the assessed valuation pursuant to paragraph (a) of subsection 2, but, except as otherwise provided by specific statute, the net proceeds of minerals must be included in the assessed valuation of the taxable property of the county and all local governments in the county for the determination of the rate of tax and all other purposes for which assessed valuation is used.

 


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ê2011 Statutes of Nevada, Page 1878 (Chapter 334, SB 32)ê

 

net proceeds of minerals must be included in the assessed valuation of the taxable property of the county and all local governments in the county for the determination of the rate of tax and all other purposes for which assessed valuation is used.

     4.  As soon as changes resulting from cases having less than a substantial effect on tax revenue have been certified to the county tax receiver by the Secretary of the State Board of Equalization, the county tax receiver shall adjust the assessment roll or the tax statement or make a tax refund, as directed by the State Board of Equalization.

     Sec. 5.  This act becomes effective upon passage and approval.

________

CHAPTER 335, SB 30

Senate Bill No. 30–Committee on Judiciary

 

CHAPTER 335

 

[Approved: June 13, 2011]

 

AN ACT relating to common-interest communities; providing for the electronic transfer of money to the United States Government or federal or state agencies under certain circumstances; authorizing an association to use electronic signatures to withdraw money from the operating account of the association under certain circumstances; revising provisions relating to the requirement that the executive board of an association make certain records available for review at a designated location; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law requires certain signatures for the withdrawal of money from an account of a unit-owners’ association of a common-interest community. (NRS 116.31153) Section 1 of this bill allows the withdrawal of money, without the required signatures, from the operating account of an association to make an electronic transfer of money to the United States Government or a federal or state agency. Section 1 also authorizes an association to use electronic signatures to withdraw money from the operating account of the association under certain circumstances.

       Existing law requires the executive board of a unit-owners’ association to make certain financial records available for review at the business office of the association or some other location within the county in which the common-interest community is located. Existing law also requires the board to provide, upon request, a copy of those records to a unit’s owner or the Ombudsman for Owners in Common-Interest Communities and Condominium Hotels and authorizes the board to charge a certain fee to cover the actual costs of preparing the copy. (NRS 116.31177) Section 3 of this bill repeals that provision and instead, section 2 of this bill requires the executive board of a unit-owners’ association to make those records available 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. Section 2 also: (1) retains the requirement that the board provide, upon request, a copy of such records to a unit’s owner or the Ombudsman; and (2) requires the board to provide the copy in electronic format at no charge to the unit’s owner or the Ombudsman or, if the board is unable to provide the copy in electronic format, in paper format at a cost not to exceed a certain amount per page of the record.

 


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ê2011 Statutes of Nevada, Page 1879 (Chapter 335, SB 30)ê

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  NRS 116.31153 is hereby amended to read as follows:

     116.31153  1.  Money in the reserve account of an association required by paragraph (b) of subsection 2 of NRS 116.3115 may not be withdrawn without the signatures of at least two members of the executive board or the signatures of at least one member of the executive board and one officer of the association who is not a member of the executive board.

     2.  Except as otherwise provided in subsection 3, money in the operating account of an association may not be withdrawn without the signatures of at least one member of the executive board or one officer of the association and a member of the executive board, an officer of the association or the community manager.

     3.  Money in the operating account of an association may be withdrawn without the signatures required pursuant to subsection 2 to:

     (a) Transfer money to the reserve account of the association at regular intervals; [or]

     (b) Make automatic payments for utilities [.] ;

     (c) Make an electronic transfer of money to a state agency pursuant to NRS 353.1467; or

     (d) Make an electronic transfer of money to the United States Government, or any agency thereof, pursuant to any federal law requiring transfers of money to be made by an electronic means authorized by the United States Government or the agency thereof.

     4.  An association may use electronic signatures to withdraw money in the operating account of the association if:

     (a) The electronic transfer of money is made pursuant to a written agreement entered into between the association and the financial institution where the operating account of the association is maintained;

     (b) The executive board has expressly authorized the electronic transfer of money; and

     (c) The association has established internal accounting controls which comply with generally accepted accounting principles to safeguard the assets of the association.

     5.  As used in this section, “electronic transfer of money” has the meaning ascribed to it in NRS 353.1467.

     Sec. 2.  NRS 116.31175 is hereby amended to read as follows:

     116.31175  1.  Except as otherwise provided in [this] subsection [,] 2, 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] :

     (a) The financial statement of the association;

     (b) The budgets of the association required to be prepared pursuant to NRS 116.31151;

     (c) The study of the reserves of the association required to be conducted pursuant to NRS 116.31152; and

 


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ê2011 Statutes of Nevada, Page 1880 (Chapter 335, SB 30)ê

 

     (d) 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.

     2.  The provisions of [this subsection] subsection 1 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; and

     (b) The records of the association relating to another unit’s owner, including, without limitation, any architectural plan or specification submitted by a unit’s owner to the association during an approval process required by the governing documents, except for those records described in subsection [2;] 4; and

     (c) Any document, including, without limitation, minutes of an executive board meeting, a reserve study and a budget, if the document:

           (1) Is in the process of being developed for final consideration by the executive board; and

           (2) Has not been placed on an agenda for final approval by the executive board.

     [2.] 3.  The executive board shall provide a copy of any of the records required to be made available pursuant to subsection 1 to a unit’s owner or the Ombudsman within 14 days after receiving a written request therefor. The executive board shall provide the copy of any such records:

     (a) In electronic format at no charge to the unit’s owner or the Ombudsman; or

     (b) If the executive board is unable to provide the copy 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.

     4.  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.] 5.  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 the Ombudsman 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.

 


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ê2011 Statutes of Nevada, Page 1881 (Chapter 335, SB 30)ê

 

     [4.] 6.  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.

     [5.] 7.  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.

     [6.] 8.  If an official publication contains or will contain any mention of a candidate or ballot question, the official publication must, upon request and without charge, provide equal space to the candidate or a representative of an organization which supports the passage or defeat of the ballot question.

     [7.] 9.  If an official publication contains or will contain the views or opinions of the association, the executive board, a community manager or an officer, employee or agent of an association concerning an issue of official interest, the official publication must, upon request and without charge, provide equal space to opposing views and opinions of a unit’s owner, tenant or resident of the common-interest community.

     [8.] 10.  The association and its officers, employees and agents are immune from criminal or civil liability for any act or omission which arises out of the publication or disclosure of any information related to any person and which occurs in the course of carrying out any duties required pursuant to subsection [6] 8 or [7.

     9.] 9.

     11.  As used in this section:

     (a) “Issue of official interest” includes, without limitation:

           (1) Any issue on which the executive board or the units’ owners will be voting, including, without limitation, the election of members of the executive board; and

           (2) The enactment or adoption of rules or regulations that will affect a common-interest community.

     (b) “Official publication” means:

           (1) An official website;

           (2) An official newsletter or other similar publication that is circulated to each unit’s owner; or

           (3) An official bulletin board that is available to each unit’s owner,

Ê which is published or maintained at the cost of an association and by an association, an executive board, a member of an executive board, a community manager or an officer, employee or agent of an association.

     Sec. 3.  NRS 116.31177 is hereby repealed.

     Sec. 4.  This act becomes effective on July 1, 2011.

________

 


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ê2011 Statutes of Nevada, Page 1882ê

 

CHAPTER 336, SB 19

Senate Bill No. 19–Committee on Commerce, Labor and Energy

 

CHAPTER 336

 

[Approved: June 13, 2011]

 

AN ACT relating to contractors; requiring an applicant for a contractor’s license or a licensed contractor to notify the State Contractors’ Board if the applicant or licensee is convicted of, or pleads guilty, guilty but mentally ill or nolo contendere to, certain crimes; providing that the failure of an applicant or a licensee to submit such notification constitutes grounds for disciplinary action by the Board; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Section 1 of this bill requires an applicant for a contractor’s license or a licensed contractor to notify the State Contractors’ Board in writing within 30 days after the applicant or licensee is convicted of, or enters a plea of guilty, guilty but mentally ill or nolo contendere, in this State or any other jurisdiction, to: (1) a crime against a child; (2) a sexual offense; (3) murder; (4) voluntary manslaughter; or (5) a felony or crime involving moral turpitude if the conviction occurred or the plea was entered in the immediately preceding 15 years.

       Section 2 of this bill adds to the list of grounds for disciplinary action by the Board a licensed contractor’s failure to submit such notification to the Board.

       Section 3 of this bill requires an applicant for a contractor’s license or a licensed contractor to notify the Board in writing not later than December 31, 2011, if, before July 1, 2011, the applicant or licensee was convicted of, or entered a plea of guilty, guilty but mentally ill or nolo contendere, in this State or any other jurisdiction, to: (1) a crime against a child; (2) a sexual offense; (3) murder; (4) voluntary manslaughter; or (5) a felony or crime involving moral turpitude if the conviction occurred or the plea was entered in the immediately preceding 15 years. The failure of an applicant or a licensee to submit such notification constitutes grounds for refusing issuance of a license or for disciplinary action by the Board.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  Chapter 624 of NRS is hereby amended by adding thereto a new section to read as follows:

     1.  An applicant for a contractor’s license or a licensee shall notify the Board in writing if he or she is convicted of, or enters a plea of guilty, guilty but mentally ill or nolo contendere to:

     (a) A crime against a child as that term is defined in NRS 179.245;

     (b) A sexual offense as that term is defined in NRS 179.245;

     (c) Murder as that term is defined in NRS 200.010;

     (d) Voluntary manslaughter as that term is defined in NRS 200.050; or

     (e) Any other felony or crime involving moral turpitude if the conviction occurred or the plea was entered in the immediately preceding 15 years,

Ê in this State or any other jurisdiction.

 


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ê2011 Statutes of Nevada, Page 1883 (Chapter 336, SB 19)ê

 

     2.  An applicant for a contractor’s license or a licensee shall submit the notification required by subsection 1 not more than 30 days after the conviction or entry of the plea of guilty, guilty but mentally ill or nolo contendere.

     Sec. 2.  NRS 624.3016 is hereby amended to read as follows:

     624.3016  The following acts or omissions, among others, constitute cause for disciplinary action under NRS 624.300:

     1.  Any fraudulent or deceitful act committed in the capacity of a contractor, including, without limitation, misrepresentation or the omission of a material fact.

     2.  A conviction of a violation of NRS 624.730, or a conviction in this State or any other jurisdiction of a felony relating to the practice of a contractor or a crime involving moral turpitude.

     3.  Knowingly making a false statement in or relating to the recording of a notice of lien pursuant to the provisions of NRS 108.226.

     4.  Failure to give a notice required by NRS 108.227, 108.245 or 108.246.

     5.  Failure to comply with NRS 624.920, 624.930, 624.935 or 624.940 or any regulations of the Board governing contracts for work concerning residential pools and spas.

     6.  Failure to comply with NRS 624.600.

     7.  Misrepresentation or the omission of a material fact, or the commission of any other fraudulent or deceitful act, to obtain a license.

     8.  Failure to pay an assessment required pursuant to NRS 624.470.

     9.  Failure to file a certified payroll report that is required for a contract for a public work.

     10.  Knowingly submitting false information in an application for qualification or a certified payroll report that is required for a contract for a public work.

     11.  Failure to notify the Board of a conviction or entry of a plea of guilty, guilty but mentally ill or nolo contendere pursuant to section 1 of this act.

     Sec. 3.  1.  An applicant for a contractor’s license or a licensed contractor who, before July 1, 2011, was convicted of, or entered a plea of guilty, guilty but mentally ill or nolo contendere to:

     (a) A crime against a child as that term is defined in NRS 179.245;

     (b) A sexual offense as that term is defined in NRS 179.245;

     (c) Murder as that term is defined in NRS 200.010;

     (d) Voluntary manslaughter as that term is defined in NRS 200.050; or

     (e) Any other felony or crime of moral turpitude if the conviction occurred or the plea was entered in the immediately preceding 15 years,

Ê in this State or any other jurisdiction shall notify the State Contractors’ Board in writing of that conviction or entry of the plea of guilty, guilty but mentally ill or nolo contendere not later than December 31, 2011.

     2.  The failure of an applicant for a contractor’s license to comply with the provisions of subsection 1 constitutes cause for refusing issuance of a license.

     3.  The failure of a licensed contractor to comply with the provisions of subsection 1 constitutes cause for disciplinary action under NRS 624.300.

     Sec. 4.  This act becomes effective on July 1, 2011.

________

 


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ê2011 Statutes of Nevada, Page 1884ê

 

CHAPTER 337, SB 18

Senate Bill No. 18–Committee on Commerce, Labor and Energy

 

CHAPTER 337

 

[Approved: June 13, 2011]

 

AN ACT relating to contractors; authorizing the State Contractors’ Board to discipline a licensed contractor for failure or refusal to comply with an order of the Board; requiring the Board to impose an administrative fine against a licensee who fails or refuses to comply with an order of the Board; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law authorizes the State Contractors’ Board to discipline licensed contractors and other persons in this State for certain acts or omissions relating to work as a contractor. (NRS 624.295-624.361) Existing law also authorizes the Board to issue an order: (1) requiring a person without an active contractors’ license to cease and desist acting as a contractor or bidding on contracting jobs; (2) suspending, revoking or restricting the license of a contractor; (3) requiring a licensed contractor to reimburse the account established pursuant to NRS 624.470 for any sum paid out of the account for injuries caused to a person by the contractor; (4) imposing an administrative fine on a person or licensed contractor; (5) requiring a person or licensed contractor to correct certain conditions; (6) requiring a person to reimburse the Board for certain expenses; or (7) requiring a person or licensed contractor to cease and desist any unlawful advertising. (NRS 624.212, 624.291, 624.300, 624.341, 624.720)

       Section 2 of this bill expands the scope of the authority of the Board by authorizing the Board to discipline licensed contractors for failure or refusal to comply with an order of the Board. Section 1 of this bill requires the Board to impose an administrative fine of $1,000 against a licensee who fails or refuses to comply with an order of the Board in addition to certain other disciplinary actions which may be taken by the Board against the licensee.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  NRS 624.300 is hereby amended to read as follows:

     624.300  1.  Except as otherwise provided in subsections 3 and 5, the Board may:

     (a) Suspend or revoke licenses already issued;

     (b) Refuse renewals of licenses;

     (c) Impose limits on the field, scope and monetary limit of the license;

     (d) Impose an administrative fine of not more than $10,000;

     (e) Order a licensee to repay to the account established pursuant to NRS 624.470, any amount paid out of the account pursuant to NRS 624.510 as a result of an act or omission of that licensee;

     (f) Order the licensee to take action to correct a condition resulting from an act which constitutes a cause for disciplinary action, at the licensee’s cost, that may consist of requiring the licensee to:

           (1) Perform the corrective work himself or herself;

           (2) Hire and pay another licensee to perform the corrective work; or

 


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ê2011 Statutes of Nevada, Page 1885 (Chapter 337, SB 18)ê

 

           (3) Pay to the owner of the construction project a specified sum to correct the condition; or

     (g) Issue a public reprimand or take other less severe disciplinary action, including, without limitation, increasing the amount of the surety bond or cash deposit of the licensee,

Ê if the licensee commits any act which constitutes a cause for disciplinary action.

     2.  If the Board suspends or revokes the license of a contractor for failure to establish financial responsibility, the Board may, in addition to any other conditions for reinstating or renewing the license, require that each contract undertaken by the licensee for a period to be designated by the Board, not to exceed 12 months, be separately covered by a bond or bonds approved by the Board and conditioned upon the performance of and the payment of labor and materials required by the contract.

     3.  If a licensee violates:

     (a) The provisions of NRS 624.3014, subsection 2 or 3 of NRS 624.3015, subsection 1 of NRS 624.302 or subsection 1 of NRS 624.305, the Board may impose for each violation an administrative fine in an amount that is not more than $50,000.

     (b) The provisions of subsection 4 of NRS 624.3015:

           (1) For a first offense, the Board shall impose an administrative fine of not less than $1,000 and not more than $50,000, and may suspend the license of the licensee for 6 months;

           (2) For a second offense, the Board shall impose an administrative fine of not less than $5,000 and not more than $50,000, and may suspend the license of the licensee for 1 year; and

           (3) For a third or subsequent offense, the Board shall impose an administrative fine of not less than $10,000 and not more than $50,000, and may revoke the license of the licensee.

     (c) The provisions of subsection 7 of NRS 624.302, the Board shall, in addition to any other disciplinary action taken pursuant to this section, impose an administrative fine of $1,000.

     4.  The Board shall, by regulation, establish standards for use by the Board in determining the amount of an administrative fine imposed pursuant to subsection 3. The standards must include, without limitation, provisions requiring the Board to consider:

     (a) The gravity of the violation;

     (b) The good faith of the licensee; and

     (c) Any history of previous violations of the provisions of this chapter committed by the licensee.

     5.  If a licensee is prohibited from being awarded a contract for a public work pursuant to NRS 338.017, the Board may suspend the license of the licensee for the period of the prohibition.

     6.  If a licensee commits a fraudulent act which is a cause for disciplinary action under NRS 624.3016, the correction of any condition resulting from the act does not preclude the Board from taking disciplinary action.

     7.  If the Board finds that a licensee has engaged in repeated acts that would be cause for disciplinary action, the correction of any resulting conditions does not preclude the Board from taking disciplinary action pursuant to this section.

 


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ê2011 Statutes of Nevada, Page 1886 (Chapter 337, SB 18)ê

 

     8.  The expiration of a license by operation of law or by order or decision of the Board or a court, or the voluntary surrender of a license by a licensee, does not deprive the Board of jurisdiction to proceed with any investigation of, or action or disciplinary proceeding against, the licensee or to render a decision suspending or revoking the license.

     9.  The Board shall not issue a private reprimand to a licensee.

     10.  An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.

     11.  An administrative fine imposed pursuant to this section or NRS 624.341 or 624.710 plus interest at a rate that is equal to the prime rate at the largest bank in this State, as determined by the Commissioner of Financial Institutions on January 1 or July 1, as appropriate, immediately preceding the date of the order imposing the administrative fine, plus 4 percent, must be paid to the Board before the issuance or renewal of a license to engage in the business of contracting in this State. The interest must be collected from the date of the order until the date the administrative fine is paid.

     12.  All fines and interest collected pursuant to this section must be deposited with the State Treasurer for credit to the Construction Education Account created pursuant to NRS 624.580.

     Sec. 2.  NRS 624.302 is hereby amended to read as follows:

     624.302  The following acts or omissions, among others, constitute cause for disciplinary action pursuant to NRS 624.300:

     1.  Contracting, offering to contract or submitting a bid as a contractor if the contractor’s license:

     (a) Has been suspended or revoked pursuant to NRS 624.300; or

     (b) Is inactive.

     2.  Failure to comply with a written citation issued pursuant to NRS 624.341 within the time permitted for compliance set forth in the citation, or, if a hearing is held pursuant to NRS 624.291, within 15 business days after the hearing.

     3.  Except as otherwise provided in subsection 2, failure to pay an administrative fine imposed pursuant to this chapter within 30 days after:

     (a) Receiving notice of the imposition of the fine; or

     (b) The final administrative or judicial decision affirming the imposition of the fine,

Ê whichever occurs later.

     4.  The suspension, revocation or other disciplinary action taken by another state against a contractor based on a license issued by that state if the contractor is licensed in this State or applies for a license in this State. A certified copy of the suspension, revocation or other disciplinary action taken by another state against a contractor based on a license issued by that state is conclusive evidence of that action.

     5.  Failure or refusal to respond to a written request from the Board or its designee to cooperate in the investigation of a complaint.

     6.  Failure or refusal to comply with a written request by the Board or its designee for information or records, or obstructing or delaying the providing of such information or records.

     7.  Failure or refusal to comply with an order of the Board.

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ê2011 Statutes of Nevada, Page 1887ê

 

CHAPTER 338, AB 223

Assembly Bill No. 223–Assemblymen Segerblom, Smith, Dondero Loop; Aizley, Anderson, Benitez-Thompson, Bobzien, Carrillo, Daly, Frierson, Kirkpatrick, Neal and Pierce

 

Joint Sponsors: Senators Breeden, Parks; Kihuen, Leslie and Manendo

 

CHAPTER 338

 

[Approved: June 13, 2011]

 

AN ACT relating to civil actions; providing that a certain amount of money held in a personal bank account that is likely to be exempt from execution is not subject to a writ of execution or garnishment except in certain circumstances; providing a procedure to execute on property held in a safe-deposit box; revising the procedure for claiming an exemption from execution on certain property; making various other changes to provisions governing writs of execution, attachment and garnishment; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law allows a judgment creditor to obtain a writ of execution, attachment or garnishment to levy on the property of a judgment debtor or defendant in certain circumstances. (Chapters 21 and 31 of NRS) Certain property, however, is exempt from execution and therefore cannot be the subject of such a writ. (NRS 21.090) Section 3 of this bill provides that a certain amount of money held in the personal bank account of a judgment debtor which is likely to be exempt from execution is not subject to a writ of execution or garnishment and must remain accessible to the judgment debtor except in certain circumstances. Section 3 further provides immunity from liability to a financial institution which makes an incorrect determination concerning whether money is subject to execution. Section 4 of this bill provides that notwithstanding the provisions of section 3, if a judgment debtor has personal bank accounts in more than one financial institution, the writ may attach to all money in those accounts. The judgment debtor then may claim any exemption that may apply.

       Section 5 of this bill provides that a separate writ must be issued to levy on property in a safe-deposit box and provides a procedure for executing on such a writ.

       Section 5.5 of this bill revises the form for a writ of execution issued on a judgment for the recovery of money to include notice on the form to financial institutions of whether the judgment is for the recovery of money for the support of a person.

       Section 7 of this bill provides additional exemptions from execution which are provided by Nevada law.

       Section 8 of this bill revises the procedures for claiming an exemption from execution, and for objecting to such a claim of exemption. Sections 6 and 10 of this bill revise the notice that is provided to a judgment debtor or defendant when a writ of execution, attachment or garnishment is levied on the property of the judgment debtor or defendant so that the procedures listed in the notice reflect the changes made in section 8. Sections 6 and 10 further revise the notice to provide additional information concerning the claiming of exemptions.

       Sections 2 and 9 of this bill clarify that a constable has authority to perform any of the duties assigned to a sheriff and has all of the authority granted to a sheriff with respect to a writ of execution, garnishment or attachment.

 


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ê2011 Statutes of Nevada, Page 1888 (Chapter 338, AB 223)ê

 

       Section 11 of this bill revises the interrogatories that are used with a writ of execution, attachment or garnishment to clarify the manner of determining the earnings which must be identified as subject to execution and to provide specific questions for a bank to conform to the new provisions in section 3.

       Section 12 of this bill requires the judgment creditor who caused a writ of attachment to issue to prepare an accounting and provide a report to the judgment debtor, the sheriff and each garnishee every 120 days providing information about the debt and the rights of the debtor. The accounting must also be submitted with each subsequent application for a writ filed by the judgment creditor concerning the same judgment.

       Section 13 of this bill provides that the fee for receiving, removing and taking care of property on execution, attachment or court order collected by a constable is not payable in advance.

       Section 14 of this bill provides that certain unemployment benefits are exempt from execution regardless of whether they are mingled with other money.

       Section 15 of this bill repeals NRS 21.114 concerning the submission of sureties to the jurisdiction of the court because the requirement for an undertaking requiring a surety is removed in section 8.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  Chapter 21 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.

     Sec. 2.  A constable may perform any of the duties assigned to a sheriff and has all of the authority granted to a sheriff pursuant to this chapter with respect to a writ of execution or garnishment.

     Sec. 3.  1.  If a writ of execution or garnishment is levied on the personal bank account of the judgment debtor and money has been deposited into the account electronically within the immediately preceding 45 days from the date on which the writ was served which is reasonably identifiable as exempt from execution, notwithstanding any other deposits of money into the account, $2,000 or the entire amount in the account, whichever is less, is not subject to execution and must remain accessible to the judgment debtor. For the purposes of this section, money is reasonably identifiable as exempt from execution if the money is deposited in the bank account by the United States Department of the Treasury, including, without limitation, money deposited as:

     (a) Benefits provided pursuant to the Social Security Act which are exempt from execution pursuant to 42 U.S.C. §§ 407 and 1383, including, without limitation, retirement and survivors’ benefits, supplemental security income benefits, disability insurance benefits and child support payments that are processed pursuant to Part D of Title IV of the Social Security Act;

     (b) Veterans’ benefits which are exempt from execution pursuant to 38 U.S.C. § 5301;

     (c) Annuities payable to retired railroad employees which are exempt from execution pursuant to 45 U.S.C. § 231m;

     (d) Benefits provided for retirement or disability of federal employees which are exempt from execution pursuant to 5 U.S.C. §§ 8346 and 8470;

 


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     (e) Annuities payable to retired members of the Armed Forces of the United States and to any surviving spouse or children of such members which are exempt from execution pursuant to 10 U.S.C. §§ 1440 and 1450;

     (f) Payments and allowances to members of the Armed Forces of the United States which are exempt from execution pursuant to 37 U.S.C. § 701;

     (g) Federal student loan payments which are exempt from execution pursuant to 20 U.S.C. § 1095a;

     (h) Wages due or accruing to merchant seamen which are exempt from execution pursuant to 46 U.S.C. § 11109;

     (i) Compensation or benefits due or payable to longshore and harbor workers which are exempt from execution pursuant to 33 U.S.C. § 916;

     (j) Annuities and benefits for retirement and disability of members of the foreign service which are exempt from execution pursuant to 22 U.S.C. § 4060;

     (k) Compensation for injury, death or detention of employees of contractors with the United States outside the United States which is exempt from execution pursuant to 42 U.S.C. § 1717;

     (l) Assistance for a disaster from the Federal Emergency Management Agency which is exempt from execution pursuant to 44 C.F.R. § 206.110;

     (m) Black lung benefits paid to a miner or a miner’s surviving spouse or children pursuant to 30 U.S.C. § 922 or 931 which are exempt from execution; and

     (n) Benefits provided pursuant to any other federal law.

     2.  If a writ of execution or garnishment is levied on the personal bank account of the judgment debtor and the provisions of subsection 1 do not apply, $400 or the entire amount in the account, whichever is less, is not subject to execution and must remain accessible to the judgment debtor, unless the writ of execution or garnishment is for the recovery of money owed for the support of any person.

     3.  If a judgment debtor has more than one personal bank account with the bank to which a writ is issued, the amount that is not subject to execution must not in the aggregate exceed the amount specified in subsection 1 or 2, as applicable.

     4.  A judgment debtor may apply to a court to claim an exemption for any amount subject to a writ levied on a personal bank account which exceeds the amount that is not subject to execution pursuant to subsection 1 or 2.

     5.  If money in the personal account of the judgment debtor which exceeds the amount that is not subject to execution pursuant to subsection 1 or 2 includes exempt and nonexempt money, the judgment debtor may claim an exemption for the exempt money in the manner set forth in NRS 21.112. To determine whether such money in the account is exempt, the judgment creditor must use the method of accounting which applies the standard that the first money deposited in the account is the first money withdrawn from the account. The court may require a judgment debtor to provide statements from the bank which include all deposits into and withdrawals from the account for the immediately preceding 90 days.

 


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     6.  A financial institution which makes a reasonable effort to determine whether money in the account of a judgment debtor is subject to execution for the purposes of this section is immune from civil liability for any act or omission with respect to that determination, including, without limitation, when the financial institution makes an incorrect determination after applying commercially reasonable methods for determining whether money in an account is exempt because the source of the money was not clearly identifiable or because the financial institution inadvertently misidentified the source of the money. If a court determines that a financial institution failed to identify that money in an account was not subject to execution pursuant to this section, the financial institution must adjust its actions with respect to a writ of execution as soon as possible but may not be held liable for damages.

     7.  Nothing in this section requires a financial institution to revise its determination about whether money is exempt, except by an order of a court.

     Sec. 4.  1.  Notwithstanding the provisions of section 3 of this act, if a judgment debtor has a personal bank account in more than one financial institution, the judgment creditor is entitled to an order from the court to be issued with the writ of execution or garnishment which states that all money held in all such accounts of the judgment debtor that are identified in the application for the order are subject to the writ.

     2.  A judgment creditor may apply to the court for an order pursuant to subsection 1 by submitting a signed affidavit which identifies each financial institution in which the judgment debtor has a personal account.

     3.  A judgment debtor may claim an exemption for any exempt money in the account to which the writ attaches in the manner set forth in NRS 21.112.

     Sec. 5.  1.  If a writ of execution or garnishment is levied on property in a safe-deposit box maintained at a financial institution, a separate writ must be issued from any writ that is issued to levy on an account of the judgment debtor with the financial institution. Notice of the writ must be served personally on the financial institution and promptly thereafter on any third person who is named on the safe-deposit box.

     2.  During the period in which the writ of execution or garnishment is in effect, the financial institution must not allow the contents of the safe-deposit box to be removed other than as directed by the sheriff or by court order.

     3.  The sheriff may allow the person in whose name the safe-deposit box is held to open the safe-deposit box so that the contents may be removed pursuant to the levy. The financial institution may refuse to allow the forcible opening of the safe-deposit box to allow the removal of the property levied upon unless the judgment creditor pays in advance the cost of forcibly opening the safe-deposit box and of repairing any damage caused thereby.

     Sec. 5.5.  NRS 21.025 is hereby amended to read as follows:

     21.025  A writ of execution issued on a judgment for the recovery of money must be substantially in the following form:

 


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(Title of the Court)

(Number and abbreviated title of the case)

                                                                                             EXECUTION

 

THE PEOPLE OF THE STATE OF NEVADA:

 

To the sheriff of ................................ County.

 

Greetings:

 

     To FINANCIAL INSTITUTIONS: This judgment is for the recovery of money for the support of a person.

 

On ......(month)......(day)......(year), a judgment was entered by the above-entitled court in the above-entitled action in favor of ........................ as judgment creditor and against ....................... as judgment debtor for:

 

$............. principal,

$............. attorney’s fees,

$............. interest, and

$............. costs, making a total amount of

$............. the judgment as entered, and

 

     WHEREAS, according to an affidavit or a memorandum of costs after judgment, or both, filed herein, it appears that further sums have accrued since the entry of judgment, to wit:

 

$............. accrued interest, and

$............. accrued costs, together with $........ fee, for the issuance of this writ, making a total of

$............. as accrued costs, accrued interest and fees.

Credit must be given for payments and partial satisfactions in the amount of

$.............

which is to be first credited against the total accrued costs and accrued interest, with any excess credited against the judgment as entered, leaving a net balance of

$.............

actually due on the date of the issuance of this writ, of which

$.............

bears interest at ........ percent per annum, in the amount of $........ per day, from the date of judgment to the date of levy, to which must be added the commissions and costs of the officer executing this writ.

 

     NOW, THEREFORE, SHERIFF OF ........................................ COUNTY, you are hereby commanded to satisfy this judgment with interest and costs as provided by law, out of the personal property of the judgment debtor, except that for any workweek, 75 percent of the disposable earnings of the debtor during that week or 50 times the minimum hourly wage prescribed by section 6(a)(1) of the federal Fair Labor Standards Act of 1938, 29 U.S.C. § 206(a)(1), and in effect at the time the earnings are payable, whichever is greater, is exempt from any levy of execution pursuant to this writ, and if sufficient personal property cannot be found, then out of the real property belonging to the debtor in the aforesaid county, and make return to this writ within not less than 10 days or more than 60 days endorsed thereon with what you have done.

 


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the real property belonging to the debtor in the aforesaid county, and make return to this writ within not less than 10 days or more than 60 days endorsed thereon with what you have done.

     Dated: This .......... day of the month of .......... of the year ..........

                                                         ..........................................., Clerk.

                                                          By........................., Deputy Clerk.

     Sec. 6.  NRS 21.075 is hereby amended to read as follows:

     21.075  1.  Execution on the writ of execution by levying on the property of the judgment debtor may occur only if the sheriff serves the judgment debtor with a notice of the writ of execution pursuant to NRS 21.076 and a copy of the writ. The notice must describe the types of property exempt from execution and explain the procedure for claiming those exemptions in the manner required in subsection 2. The clerk of the court shall attach the notice to the writ of execution at the time the writ is issued.

     2.  The notice required pursuant to subsection 1 must be substantially in the following form:

 

NOTICE OF EXECUTION

 

YOUR PROPERTY IS BEING ATTACHED OR

YOUR WAGES ARE BEING GARNISHED

 

      A court has determined that you owe money to .................... (name of person), the judgment creditor. The judgment creditor has begun the procedure to collect that money by garnishing your wages, bank account and other personal property held by third persons or by taking money or other property in your possession.

      Certain benefits and property owned by you may be exempt from execution and may not be taken from you. The following is a partial list of exemptions:

      1.  Payments received pursuant to the federal Social Security Act, including, without limitation, retirement and survivors’ benefits, supplemental security income benefits and disability insurance benefits.

      2.  Payments for benefits or the return of contributions under the Public Employees’ Retirement System.

      3.  Payments for public assistance granted through the Division of Welfare and Supportive Services of the Department of Health and Human Services or a local governmental entity.

      4.  Proceeds from a policy of life insurance.

      5.  Payments of benefits under a program of industrial insurance.

      6.  Payments received as disability, illness or unemployment benefits.

      7.  Payments received as unemployment compensation.

      8.  Veteran’s benefits.

      9.  A homestead in a dwelling or a mobile home, not to exceed $550,000, unless:

      (a) The judgment is for a medical bill, in which case all of the primary dwelling, including a mobile or manufactured home, may be exempt.

      (b) Allodial title has been established and not relinquished for the dwelling or mobile home, in which case all of the dwelling or mobile home and its appurtenances are exempt, including the land on which they are located, unless a valid waiver executed pursuant to NRS 115.010 is applicable to the judgment.

 


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home and its appurtenances are exempt, including the land on which they are located, unless a valid waiver executed pursuant to NRS 115.010 is applicable to the judgment.

      10.  All money reasonably deposited with a landlord by you to secure an agreement to rent or lease a dwelling that is used by you as your primary residence, except that such money is not exempt with respect to a landlord or landlord’s successor in interest who seeks to enforce the terms of the agreement to rent or lease the dwelling.

      11.  A vehicle, if your equity in the vehicle is less than $15,000.

      12.  Seventy-five percent of the take-home pay for any workweek, unless the weekly take-home pay is less than 50 times the federal minimum hourly wage, in which case the entire amount may be exempt.

      13.  Money, not to exceed $500,000 in present value, held in:

      (a) An individual retirement arrangement which conforms with the applicable limitations and requirements of section 408 or 408A of the Internal Revenue Code, 26 U.S.C. §§ 408 and 408A;

      (b) A written simplified employee pension plan which conforms with the applicable limitations and requirements of section 408 of the Internal Revenue Code, 26 U.S.C. § 408;

      (c) A cash or deferred arrangement that is a qualified plan pursuant to the Internal Revenue Code;

      (d) A trust forming part of a stock bonus, pension or profit-sharing plan that is a qualified plan pursuant to sections 401 et seq. of the Internal Revenue Code, 26 U.S.C. §§ 401 et seq.; and

      (e) A trust forming part of a qualified tuition program pursuant to chapter 353B of NRS, any applicable regulations adopted pursuant to chapter 353B of NRS and section 529 of the Internal Revenue Code, 26 U.S.C. § 529, unless the money is deposited after the entry of a judgment against the purchaser or account owner or the money will not be used by any beneficiary to attend a college or university.

      14.  All money and other benefits paid pursuant to the order of a court of competent jurisdiction for the support, education and maintenance of a child, whether collected by the judgment debtor or the State.

      15.  All money and other benefits paid pursuant to the order of a court of competent jurisdiction for the support and maintenance of a former spouse, including the amount of any arrearages in the payment of such support and maintenance to which the former spouse may be entitled.

      16.  Regardless of whether a trust contains a spendthrift provision:

      (a) A present or future interest in the income or principal of a trust, if the interest has not been distributed from the trust;

      (b) A remainder interest in the trust whereby a beneficiary of the trust will receive property from the trust outright at some time in the future under certain circumstances;

 


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      (c) A discretionary power held by a trustee to determine whether to make a distribution from the trust, if the interest has not been distributed from the trust;

      (d) The power to direct dispositions of property in the trust, other than such a power held by a trustee to distribute property to a beneficiary of the trust;

      (e) Certain powers held by a trust protector or certain other persons;

      (f) Any power held by the person who created the trust; and

      (g) Any other property of the trust that has not been distributed from the trust. Once the property is distributed from the trust, the property is subject to execution.

      17.  If a trust contains a spendthrift provision:

      (a) A mandatory interest in the trust in which the trustee does not have discretion concerning whether to make the distribution from the trust, if the interest has not been distributed from the trust;

      (b) A support interest in the trust in which the standard for distribution may be interpreted by the trustee or a court, if the interest has not been distributed from the trust; and

      (c) Any other property of the trust that has not been distributed from the trust. Once the property is distributed from the trust, the property is subject to execution.

      18.  A vehicle for use by you or your dependent which is specially equipped or modified to provide mobility for a person with a permanent disability.

      19.  A prosthesis or any equipment prescribed by a physician or dentist for you or your dependent.

      20.  Payments, in an amount not to exceed $16,150, received as compensation for personal injury, not including compensation for pain and suffering or actual pecuniary loss, by the judgment debtor or by a person upon whom the judgment debtor is dependent at the time the payment is received.

      21.  Payments received as compensation for the wrongful death of a person upon whom the judgment debtor was dependent at the time of the wrongful death, to the extent reasonably necessary for the support of the judgment debtor and any dependent of the judgment debtor.

      22.  Payments received as compensation for the loss of future earnings of the judgment debtor or of a person upon whom the judgment debtor is dependent at the time the payment is received, to the extent reasonably necessary for the support of the judgment debtor and any dependent of the judgment debtor.

      23.  Payments received as restitution for a criminal act.

      24.  Personal property, not to exceed $1,000 in total value, if the property is not otherwise exempt from execution.

      25.  A tax refund received from the earned income credit provided by federal law or a similar state law.

      26.  Stock of a corporation described in subsection 2 of NRS 78.746 except as set forth in that section.

Ê These exemptions may not apply in certain cases such as a proceeding to enforce a judgment for support of a person or a judgment of foreclosure on a mechanic’s lien. You should consult an attorney immediately to assist you in determining whether your property or money is exempt from execution.

 


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attorney immediately to assist you in determining whether your property or money is exempt from execution. If you cannot afford an attorney, you may be eligible for assistance through .................... (name of organization in county providing legal services to indigent or elderly persons). If you do not wish to consult an attorney or receive legal services from an organization that provides assistance to persons who qualify, you may obtain the form to be used to claim an exemption from the clerk of the court.

 

PROCEDURE FOR CLAIMING EXEMPT PROPERTY

 

      If you believe that the money or property taken from you is exempt, you must complete and file with the clerk of the court [a notarized affidavit claiming the] an executed claim of exemption. A copy of the [affidavit] claim of exemption must be served upon the sheriff , the garnishee and the judgment creditor within [8] 10 days after the notice of execution or garnishment is [mailed.] served on you by mail pursuant to NRS 21.076 which identifies the specific property that is being levied on. The property must be [returned to you] released by the garnishee or the sheriff within [5] 9 judicial days after you [file] serve the [affidavit] claim of exemption upon the sheriff, garnishee and judgment creditor, unless [you or the judgment creditor files a motion] the sheriff or garnishee receives a copy of an objection to the claim of exemption and a notice for a hearing to determine the issue of exemption. If this happens, a hearing will be held to determine whether the property or money is exempt. The [motion] objection to the claim of exemption and notice for the hearing to determine the issue of exemption must be filed within [10] 8 judicial days after the [affidavit claiming] claim of exemption is [filed.] served on the judgment creditor by mail or in person and served on the judgment debtor, the sheriff and any garnishee not less than 5 judicial days before the date set for the hearing. The hearing to determine whether the property or money is exempt must be held within [10] 7 judicial days after the [motion] objection to the claim of exemption and notice for the hearing is filed. You may be able to have your property released more quickly if you mail to the judgment creditor or the attorney of the judgment creditor written proof that the property is exempt. Such proof may include, without limitation, a letter from the government, an annual statement from a pension fund, receipts for payment, copies of checks, records from financial institutions or any other document which demonstrates that the money in your account is exempt.

 

      IF YOU DO NOT FILE THE [AFFIDAVIT] EXECUTED CLAIM OF EXEMPTION WITHIN THE TIME SPECIFIED, YOUR PROPERTY MAY BE SOLD AND THE MONEY GIVEN TO THE JUDGMENT CREDITOR, EVEN IF THE PROPERTY OR MONEY IS EXEMPT.

     Sec. 7.  NRS 21.090 is hereby amended to read as follows:

     21.090  1.  The following property is exempt from execution, except as otherwise specifically provided in this section or required by federal law:

 


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     (a) Private libraries, works of art, musical instruments and jewelry not to exceed $5,000 in value, belonging to the judgment debtor or a dependent of the judgment debtor, to be selected by the judgment debtor, and all family pictures and keepsakes.

     (b) Necessary household goods, furnishings, electronics, wearing apparel, other personal effects and yard equipment, not to exceed $12,000 in value, belonging to the judgment debtor or a dependent of the judgment debtor, to be selected by the judgment debtor.

     (c) Farm trucks, farm stock, farm tools, farm equipment, supplies and seed not to exceed $4,500 in value, belonging to the judgment debtor to be selected by the judgment debtor.

     (d) Professional libraries, equipment, supplies, and the tools, inventory, instruments and materials used to carry on the trade or business of the judgment debtor for the support of the judgment debtor and his or her family not to exceed $10,000 in value.

     (e) The cabin or dwelling of a miner or prospector, the miner’s or prospector’s cars, implements and appliances necessary for carrying on any mining operations and the mining claim actually worked by the miner or prospector, not exceeding $4,500 in total value.

     (f) Except as otherwise provided in paragraph (p), one vehicle if the judgment debtor’s equity does not exceed $15,000 or the creditor is paid an amount equal to any excess above that equity.

     (g) For any workweek, 75 percent of the disposable earnings of a judgment debtor during that week, or 50 times the minimum hourly wage prescribed by section 6(a)(1) of the federal Fair Labor Standards Act of 1938, 29 U.S.C. § 206(a)(1), and in effect at the time the earnings are payable, whichever is greater. Except as otherwise provided in paragraphs (o), (s) and (t), the exemption provided in this paragraph does not apply in the case of any order of a court of competent jurisdiction for the support of any person, any order of a court of bankruptcy or of any debt due for any state or federal tax. As used in this paragraph:

           (1) “Disposable earnings” means that part of the earnings of a judgment debtor remaining after the deduction from those earnings of any amounts required by law to be withheld.

           (2) “Earnings” means compensation paid or payable for personal services performed by a judgment debtor in the regular course of business, including, without limitation, compensation designated as income, wages, tips, a salary, a commission or a bonus. The term includes compensation received by a judgment debtor that is in the possession of the judgment debtor, compensation held in accounts maintained in a bank or any other financial institution or, in the case of a receivable, compensation that is due the judgment debtor.

     (h) All fire engines, hooks and ladders, with the carts, trucks and carriages, hose, buckets, implements and apparatus thereunto appertaining, and all furniture and uniforms of any fire company or department organized under the laws of this State.

     (i) All arms, uniforms and accouterments required by law to be kept by any person, and also one gun, to be selected by the debtor.

     (j) All courthouses, jails, public offices and buildings, lots, grounds and personal property, the fixtures, furniture, books, papers and appurtenances belonging and pertaining to the courthouse, jail and public offices belonging to any county of this State, all cemeteries, public squares, parks and places, public buildings, town halls, markets, buildings for the use of fire departments and military organizations, and the lots and grounds thereto belonging and appertaining, owned or held by any town or incorporated city, or dedicated by the town or city to health, ornament or public use, or for the use of any fire or military company organized under the laws of this State and all lots, buildings and other school property owned by a school district and devoted to public school purposes.

 


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public buildings, town halls, markets, buildings for the use of fire departments and military organizations, and the lots and grounds thereto belonging and appertaining, owned or held by any town or incorporated city, or dedicated by the town or city to health, ornament or public use, or for the use of any fire or military company organized under the laws of this State and all lots, buildings and other school property owned by a school district and devoted to public school purposes.

     (k) All money, benefits, privileges or immunities accruing or in any manner growing out of any life insurance, if the annual premium paid does not exceed $15,000. If the premium exceeds that amount, a similar exemption exists which bears the same proportion to the money, benefits, privileges and immunities so accruing or growing out of the insurance that the $15,000 bears to the whole annual premium paid.

     (l) The homestead as provided for by law, including a homestead for which allodial title has been established and not relinquished and for which a waiver executed pursuant to NRS 115.010 is not applicable.

     (m) The dwelling of the judgment debtor occupied as a home for himself or herself and family, where the amount of equity held by the judgment debtor in the home does not exceed $550,000 in value and the dwelling is situated upon lands not owned by the judgment debtor.

     (n) All money reasonably deposited with a landlord by the judgment debtor to secure an agreement to rent or lease a dwelling that is used by the judgment debtor as his or her primary residence, except that such money is not exempt with respect to a landlord or the landlord’s successor in interest who seeks to enforce the terms of the agreement to rent or lease the dwelling.

     (o) All property in this State of the judgment debtor where the judgment is in favor of any state for failure to pay that state’s income tax on benefits received from a pension or other retirement plan.

     (p) Any vehicle owned by the judgment debtor for use by the judgment debtor or the judgment debtor’s dependent that is equipped or modified to provide mobility for a person with a permanent disability.

     (q) Any prosthesis or equipment prescribed by a physician or dentist for the judgment debtor or a dependent of the debtor.

     (r) Money, not to exceed $500,000 in present value, held in:

           (1) An individual retirement arrangement which conforms with the applicable limitations and requirements of section 408 or 408A of the Internal Revenue Code, 26 U.S.C. §§ 408 and 408A;

           (2) A written simplified employee pension plan which conforms with the applicable limitations and requirements of section 408 of the Internal Revenue Code, 26 U.S.C. § 408;

           (3) A cash or deferred arrangement which is a qualified plan pursuant to the Internal Revenue Code;

           (4) A trust forming part of a stock bonus, pension or profit-sharing plan which is a qualified plan pursuant to sections 401 et seq. of the Internal Revenue Code, 26 U.S.C. §§ 401 et seq.; and

           (5) A trust forming part of a qualified tuition program pursuant to chapter 353B of NRS, any applicable regulations adopted pursuant to chapter 353B of NRS and section 529 of the Internal Revenue Code, 26 U.S.C. § 529, unless the money is deposited after the entry of a judgment against the purchaser or account owner or the money will not be used by any beneficiary to attend a college or university.

 


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     (s) All money and other benefits paid pursuant to the order of a court of competent jurisdiction for the support, education and maintenance of a child, whether collected by the judgment debtor or the State.

     (t) All money and other benefits paid pursuant to the order of a court of competent jurisdiction for the support and maintenance of a former spouse, including the amount of any arrearages in the payment of such support and maintenance to which the former spouse may be entitled.

     (u) Payments, in an amount not to exceed $16,150, received as compensation for personal injury, not including compensation for pain and suffering or actual pecuniary loss, by the judgment debtor or by a person upon whom the judgment debtor is dependent at the time the payment is received.

     (v) Payments received as compensation for the wrongful death of a person upon whom the judgment debtor was dependent at the time of the wrongful death, to the extent reasonably necessary for the support of the judgment debtor and any dependent of the judgment debtor.

     (w) Payments received as compensation for the loss of future earnings of the judgment debtor or of a person upon whom the judgment debtor is dependent at the time the payment is received, to the extent reasonably necessary for the support of the judgment debtor and any dependent of the judgment debtor.

     (x) Payments received as restitution for a criminal act.

     (y) Payments received pursuant to the federal Social Security Act, including, without limitation, retirement and survivors’ benefits, supplemental security income benefits and disability insurance benefits.

     (z) Any personal property not otherwise exempt from execution pursuant to this subsection belonging to the judgment debtor, including, without limitation, the judgment debtor’s equity in any property, money, stocks, bonds or other funds on deposit with a financial institution, not to exceed $1,000 in total value, to be selected by the judgment debtor.

     (aa) Any tax refund received by the judgment debtor that is derived from the earned income credit described in section 32 of the Internal Revenue Code, 26 U.S.C. § 32, or a similar credit provided pursuant to a state law.

     (bb) Stock of a corporation described in subsection 2 of NRS 78.746 except as set forth in that section.

     (cc) Regardless of whether a trust contains a spendthrift provision:

           (1) A beneficial interest in the trust as defined in NRS 163.4145 if the interest has not been distributed;

           (2) A remainder interest in the trust as defined in NRS 163.416 if the trust does not indicate that the remainder interest is certain to be distributed within 1 year after the date on which the instrument that creates the remainder interest becomes irrevocable;

           (3) A discretionary interest in the trust as described in NRS 163.4185 if the interest has not been distributed;

           (4) A power of appointment in the trust as defined in NRS 163.4157 regardless of whether the power has been distributed or transferred;

           (5) A power listed in NRS 163.5553 that is held by a trust protector as defined in NRS 163.5547 or any other person regardless of whether the power has been distributed or transferred;

           (6) A reserved power in the trust as defined in NRS 163.4165 regardless of whether the power has been distributed or transferred; and

 


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           (7) Any other property of the trust that has not been distributed from the trust. Once the property is distributed from the trust, the property is subject to execution.

     (dd) If a trust contains a spendthrift provision:

           (1) A mandatory interest in the trust as described in NRS 163.4185 if the interest has not been distributed;

          (2) Notwithstanding a beneficiary’s right to enforce a support interest, a support interest in the trust as described in NRS 163.4185 if the interest has not been distributed; and

           (3) Any other property of the trust that has not been distributed from the trust. Once the property is distributed from the trust, the property is subject to execution.

     (ee) Proceeds received from a private disability insurance plan.

     (ff) Money in a trust fund for funeral or burial services pursuant to NRS 689.700.

     (gg) Compensation that was payable or paid pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS as provided in NRS 616C.205.

     (hh) Unemployment compensation benefits received pursuant to NRS 612.710.

     (ii) Benefits or refunds payable or paid from the Public Employees’ Retirement System pursuant to NRS 286.670.

     (jj) Money paid or rights existing for vocational rehabilitation pursuant to NRS 615.270.

     (kk) Public assistance provided through the Department of Health and Human Services pursuant to NRS 422.291.

     (ll) Child welfare assistance provided pursuant to NRS 432.036.

     2.  Except as otherwise provided in NRS 115.010, no article or species of property mentioned in this section is exempt from execution issued upon a judgment to recover for its price, or upon a judgment of foreclosure of a mortgage or other lien thereon.

     3.  Any exemptions specified in subsection (d) of section 522 of the Bankruptcy Act of 1978, 11 U.S.C. § 522(d), do not apply to property owned by a resident of this State unless conferred also by subsection 1, as limited by subsection 2.

     Sec. 8.  NRS 21.112 is hereby amended to read as follows:

     21.112  1.  In order to claim exemption of any property levied on [,] pursuant to this section, the judgment debtor must, within [8] 10 days after the notice [prescribed in NRS 21.075 is mailed,] of a writ of execution or garnishment is served on the judgment debtor by mail pursuant to NRS 21.076 which identifies the specific property that is being levied on, serve on the sheriff , the garnishee and the judgment creditor and file with the clerk of the court issuing the writ of execution [an affidavit setting out] the judgment debtor’s claim of exemption [.] which is executed in the manner set forth in NRS 53.045. If the property that is levied on is the earnings of the judgment debtor, the judgment debtor must file the claim of exemption pursuant to this subsection within 10 days after the date of each withholding of the judgment debtor’s earnings.

     2.  The clerk of the court shall provide the form for the [affidavit.

     2.  When the affidavit is served, the sheriff shall release the property if the judgment creditor, within 5 days after written demand by the sheriff:

     (a) Fails to give the sheriff an undertaking executed by two good and sufficient sureties which:

 


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           (1) Is in a sum equal to double the value of the property levied on; and

           (2) Indemnifies the judgment debtor against loss, liability, damages, costs and attorney’s fees by reason of the taking, withholding or sale of the property by the sheriff; or

     (b) Fails to file a motion for a hearing to determine whether the property or money is exempt.

Ê The clerk of the court shall provide the form for the motion.

     3.  At the time of giving the sheriff the undertaking provided for in subsection 2, the judgment creditor shall give notice of the undertaking to the judgment debtor.

     4.] claim of exemption and shall further provide with the form instructions concerning the manner in which to claim an exemption, a checklist and description of the most commonly claimed exemptions, instructions concerning the manner in which the property must be released to the judgment debtor if no objection to the claim of exemption is filed and an order to be used by the court to grant or deny an exemption. No fee may be charged for providing such a form or for filing the form with the court.

     3.  An objection to the claim of exemption and notice for a hearing must be filed with the court within 8 judicial days after the claim of exemption is served on the judgment creditor by mail or in person and served on the judgment debtor, the sheriff and any garnishee. The judgment creditor shall also serve notice of the date of the hearing on the judgment debtor, the sheriff and any garnishee not less than 5 judicial days before the date set for the hearing.

     4.  If an objection to the claim of exemption and notice for a hearing are not filed within 8 judicial days after the claim of exemption has been served, the property of the judgment debtor must be released by the person who has control or possession over the property in accordance with the instructions set forth on the form for the claim of exemption provided pursuant to subsection 2 within 9 judicial days after the claim of exemption has been served.

     5.  The sheriff is not liable to the judgment debtor for damages by reason of the taking, withholding or sale of any property [,] where [:

     (a) No affidavit claiming] a claim of exemption is not served on the sheriff . [; or

     (b) An affidavit claiming exemption is served on the sheriff, but the sheriff fails to release the property in accordance with this section.

     5.] 6.  Unless the court continues the hearing for good cause shown, the hearing on an objection to a claim of exemption to determine whether the property or money is exempt must be held within [10] 7 judicial days after the [motion] objection to the claim and notice for [the] a hearing is filed.

     [6.  The judgment creditor shall give the judgment debtor at least 5 days’ notice of the hearing.] The judgment debtor has the burden to prove that he or she is entitled to the claimed exemption at such a hearing. After determining whether the judgment debtor is entitled to an exemption, the court shall mail a copy of the order to the judgment debtor, the judgment creditor, any other named party, the sheriff and any garnishee.

     7.  If the sheriff or garnishee does not receive a copy of a claim of exemption from the judgment debtor within 25 calendar days after the property is levied on, the garnishee must release the property to the sheriff or, if the property is held by the sheriff, the sheriff must release the property to the judgment creditor.

 


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property is levied on, the garnishee must release the property to the sheriff or, if the property is held by the sheriff, the sheriff must release the property to the judgment creditor.

     8.  At any time after:

     (a) An exemption is claimed pursuant to this section, the judgment debtor may withdraw the claim of exemption and direct that the property be released to the judgment creditor.

     (b) An objection to a claim of exemption is filed pursuant to this section, the judgment creditor may withdraw the objection and direct that the property be released to the judgment debtor.

     9.  The provisions of this section do not limit or prohibit any other remedy provided by law.

     10.  In addition to any other procedure or remedy authorized by law, a person other than the judgment debtor whose property is the subject of a writ of execution or garnishment may follow the procedures set forth in this section for claiming an exemption to have the property released.

     11.  A judgment creditor shall not require a judgment debtor to waive any exemption which the judgment debtor is entitled to claim.

     Sec. 9.  Chapter 31 of NRS is hereby amended by adding thereto a new section to read as follows:

     A constable may perform any of the duties assigned to a sheriff and has all of the authority granted to a sheriff pursuant to this chapter with respect to a writ of attachment.

     Sec. 10.  NRS 31.045 is hereby amended to read as follows:

     31.045  1.  Execution on the writ of attachment by attaching property of the defendant may occur only if:

     (a) The judgment creditor serves the defendant with notice of the execution when the notice of the hearing is served pursuant to NRS 31.013; or

     (b) Pursuant to an ex parte hearing, the sheriff serves upon the judgment debtor notice of the execution and a copy of the writ at the same time and in the same manner as set forth in NRS 21.076.

Ê If the attachment occurs pursuant to an ex parte hearing, the clerk of the court shall attach the notice to the writ of attachment at the time the writ is issued.

     2.  The notice required pursuant to subsection 1 must be substantially in the following form:

 

NOTICE OF EXECUTION

 

YOUR PROPERTY IS BEING ATTACHED OR

YOUR WAGES ARE BEING GARNISHED

 

      Plaintiff, .................... (name of person), alleges that you owe the plaintiff money. The plaintiff has begun the procedure to collect that money. To secure satisfaction of judgment, the court has ordered the garnishment of your wages, bank account or other personal property held by third persons or the taking of money or other property in your possession.

 


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      Certain benefits and property owned by you may be exempt from execution and may not be taken from you. The following is a partial list of exemptions:

      1.  Payments received pursuant to the federal Social Security Act, including, without limitation, retirement and survivors’ benefits, supplemental security income benefits and disability insurance benefits.

      2.  Payments for benefits or the return of contributions under the Public Employees’ Retirement System.

      3.  Payments for public assistance granted through the Division of Welfare and Supportive Services of the Department of Health and Human Services or a local governmental entity.

      4.  Proceeds from a policy of life insurance.

      5.  Payments of benefits under a program of industrial insurance.

      6.  Payments received as disability, illness or unemployment benefits.

      7.  Payments received as unemployment compensation.

      8.  Veteran’s benefits.

      9.  A homestead in a dwelling or a mobile home, not to exceed $550,000, unless:

      (a) The judgment is for a medical bill, in which case all of the primary dwelling, including a mobile or manufactured home, may be exempt.

      (b) Allodial title has been established and not relinquished for the dwelling or mobile home, in which case all of the dwelling or mobile home and its appurtenances are exempt, including the land on which they are located, unless a valid waiver executed pursuant to NRS 115.010 is applicable to the judgment.

      10.  All money reasonably deposited with a landlord by you to secure an agreement to rent or lease a dwelling that is used by you as your primary residence, except that such money is not exempt with respect to a landlord or the landlord’s successor in interest who seeks to enforce the terms of the agreement to rent or lease the dwelling.

      11.  A vehicle, if your equity in the vehicle is less than $15,000.

      12.  Seventy-five percent of the take-home pay for any workweek, unless the weekly take-home pay is less than 50 times the federal minimum hourly wage, in which case the entire amount may be exempt.

      13.  Money, not to exceed $500,000 in present value, held in:

      (a) An individual retirement arrangement which conforms with the applicable limitations and requirements of section 408 or 408A of the Internal Revenue Code, 26 U.S.C. §§ 408 and 408A;

      (b) A written simplified employee pension plan which conforms with the applicable limitations and requirements of section 408 of the Internal Revenue Code, 26 U.S.C. § 408;

      (c) A cash or deferred arrangement that is a qualified plan pursuant to the Internal Revenue Code;

      (d) A trust forming part of a stock bonus, pension or profit-sharing plan that is a qualified plan pursuant to sections 401 et seq. of the Internal Revenue Code, 26 U.S.C. §§ 401 et seq.; and

      (e) A trust forming part of a qualified tuition program pursuant to chapter 353B of NRS, any applicable regulations adopted pursuant to chapter 353B of NRS and section 529 of the Internal Revenue Code, 26 U.S.C. § 529, unless the money is deposited after the entry of a judgment against the purchaser or account owner or the money will not be used by any beneficiary to attend a college or university.

 


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chapter 353B of NRS and section 529 of the Internal Revenue Code, 26 U.S.C. § 529, unless the money is deposited after the entry of a judgment against the purchaser or account owner or the money will not be used by any beneficiary to attend a college or university.

      14.  All money and other benefits paid pursuant to the order of a court of competent jurisdiction for the support, education and maintenance of a child, whether collected by the judgment debtor or the State.

      15.  All money and other benefits paid pursuant to the order of a court of competent jurisdiction for the support and maintenance of a former spouse, including the amount of any arrearages in the payment of such support and maintenance to which the former spouse may be entitled.

      16.  Regardless of whether a trust contains a spendthrift provision:

      (a) A present or future interest in the income or principal of a trust, if the interest has not been distributed from the trust;

      (b) A remainder interest in the trust whereby a beneficiary of the trust will receive property from the trust outright at some time in the future under certain circumstances;

      (c) A discretionary power held by a trustee to determine whether to make a distribution from the trust, if the interest has not been distributed from the trust;

      (d) The power to direct dispositions of property in the trust, other than such a power held by a trustee to distribute property to a beneficiary of the trust;

      (e) Certain powers held by a trust protector or certain other persons;

      (f) Any power held by the person who created the trust; and

      (g) Any other property of the trust that has not been distributed from the trust. Once the property is distributed from the trust, the property is subject to execution.

      17.  If a trust contains a spendthrift provision:

      (a) A mandatory interest in the trust in which the trustee does not have discretion concerning whether to make the distribution from the trust, if the interest has not been distributed from the trust;

      (b) A support interest in the trust in which the standard for distribution may be interpreted by the trustee or a court, if the interest has not been distributed from the trust; and

      (c) Any other property of the trust that has not been distributed from the trust. Once the property is distributed from the trust, the property is subject to execution.

      18.  A vehicle for use by you or your dependent which is specially equipped or modified to provide mobility for a person with a permanent disability.

      19.  A prosthesis or any equipment prescribed by a physician or dentist for you or your dependent.

      20.  Payments, in an amount not to exceed $16,150, received as compensation for personal injury, not including compensation for pain and suffering or actual pecuniary loss, by the judgment debtor or by a person upon whom the judgment debtor is dependent at the time the payment is received.

 


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      21.  Payments received as compensation for the wrongful death of a person upon whom the judgment debtor was dependent at the time of the wrongful death, to the extent reasonably necessary for the support of the judgment debtor and any dependent of the judgment debtor.

      22.  Payments received as compensation for the loss of future earnings of the judgment debtor or of a person upon whom the judgment debtor is dependent at the time the payment is received, to the extent reasonably necessary for the support of the judgment debtor and any dependent of the judgment debtor.

      23.  Payments received as restitution for a criminal act.

      24.  Personal property, not to exceed $1,000 in total value, if the property is not otherwise exempt from execution.

      25.  A tax refund received from the earned income credit provided by federal law or a similar state law.

      26.  Stock of a corporation described in subsection 2 of NRS 78.746 except as set forth in that section.

Ê These exemptions may not apply in certain cases such as proceedings to enforce a judgment for support of a child or a judgment of foreclosure on a mechanic’s lien. You should consult an attorney immediately to assist you in determining whether your property or money is exempt from execution. If you cannot afford an attorney, you may be eligible for assistance through .................... (name of organization in county providing legal services to the indigent or elderly persons). If you do not wish to consult an attorney or receive legal services from an organization that provides assistance to persons who qualify, you may obtain the form to be used to claim an exemption from the clerk of the court.

 

PROCEDURE FOR CLAIMING EXEMPT PROPERTY

 

      If you believe that the money or property taken from you is exempt or necessary for the support of you or your family, you must file with the clerk of the court on a form provided by the clerk [a notarized affidavit claiming the] an executed claim of exemption. A copy of the [affidavit] claim of exemption must be served upon the sheriff , the garnishee and the judgment creditor within [8] 10 days after the notice of execution or garnishment is [mailed.] served on you by mail pursuant to NRS 21.076 which identifies the specific property that is being levied on. The property must be [returned to you] released by the garnishee or the sheriff within [5] 9 judicial days after you [file] serve the [affidavit] claim of exemption upon the sheriff, garnishee and judgment creditor, unless the [judgment creditor files a motion] sheriff or garnishee receives a copy of an objection to the claim of exemption and a notice for a hearing to determine the issue of exemption. If this happens, a hearing will be held to determine whether the property or money is exempt. The objection to the claim of exemption and notice for the hearing to determine the issue of exemption must be filed within 8 judicial days after the claim of exemption is served on the judgment creditor by mail or in person and served on the judgment debtor, the sheriff and any garnishee not less than 5 judicial days before the date set for the hearing.

 


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the hearing. The hearing must be held within [10] 7 judicial days after the [motion] objection to the claim of exemption and notice for a hearing is filed. You may be able to have your property released more quickly if you mail to the judgment creditor or the attorney of the judgment creditor written proof that the property is exempt. Such proof may include, without limitation, a letter from the government, an annual statement from a pension fund, receipts for payment, copies of checks, records from financial institutions or any other document which demonstrates that the money in your account is exempt.

 

      IF YOU DO NOT FILE THE [AFFIDAVIT] EXECUTED CLAIM OF EXEMPTION WITHIN THE TIME SPECIFIED, YOUR PROPERTY MAY BE SOLD AND THE MONEY GIVEN TO THE JUDGMENT CREDITOR, EVEN IF THE PROPERTY OR MONEY IS EXEMPT.

 

      If you received this notice with a notice of a hearing for attachment and you believe that the money or property which would be taken from you by a writ of attachment is exempt or necessary for the support of you or your family, you are entitled to describe to the court at the hearing why you believe your property is exempt. You may also file a motion with the court for a discharge of the writ of attachment. You may make that motion any time before trial. A hearing will be held on that motion.

 

      IF YOU DO NOT FILE THE MOTION BEFORE THE TRIAL, YOUR PROPERTY MAY BE SOLD AND THE MONEY GIVEN TO THE PLAINTIFF, EVEN IF THE PROPERTY OR MONEY IS EXEMPT OR NECESSARY FOR THE SUPPORT OF YOU OR YOUR FAMILY.

     Sec. 11.  NRS 31.290 is hereby amended to read as follows:

     31.290  1.  The interrogatories to be submitted with any writ of execution, attachment or garnishment to the garnishee may be in substance as follows:

 

INTERROGATORIES

 

     Are you in any manner indebted to the defendants.............................

.................................................................................................................

................................................................................................................ ,

or either of them, either in property or money, and is the debt now due? If not due, when is the debt to become due? State fully all particulars.

     Answer:...............................................................................................

.................................................................................................................

     Are you an employer of one or all of the defendants? If so, state the length of your pay period and the amount of disposable earnings, as defined in NRS 31.295, that each defendant presently earns during a pay period. State the minimum amount of disposable earnings that is exempt from this garnishment, which is the federal minimum hourly wage prescribed by section 6(a)(1) of the federal Fair Labor Standards Act of 1938, 29 U.S.C. § 206(a)(1), in effect at the time the earnings are payable multiplied by 50 for each week of the pay period, after deducting any amount required by law to be withheld.

 


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for each week of the pay period, after deducting any amount required by law to be withheld.

Calculate the attachable amount as follows:

(Check one of the following) The employee is paid:

[A] Weekly: __ [B] Biweekly: __ [C] Semimonthly: __ [D] Monthly: __

     (1) Gross Earnings                                                                                                 $_________

     (2) Deductions required by law (not including child support)                                $_________

     (3) Disposable Earnings [Subtract line 2 from line 1]                                           $_________

     (4) Federal Minimum Wage                                                                                   $_________

     (5) Multiply line 4 by 50                                                                                         $_________

     (6) Complete the following directions in accordance with the letter selected above:

     [A] Multiply line 5 by 1                                                                                          $_________

     [B] Multiply line 5 by 2                                                                                          $_________

     [C] Multiply line 5 by 52 and then divide by 24                                                     $_________

     [D] Multiply line 5 by 52 and then divide by 12                                                     $_________

     (7) Subtract line 6 from line 3                                                                                $_________

     This is the attachable earnings. This amount must not exceed 25% of the disposable earnings from line 3.

     Answer:...............................................................................................

.................................................................................................................

     Did you have in your possession, in your charge or under your control, on the date the writ of garnishment was served upon you, any money, property, effects, goods, chattels, rights, credits or choses in action of the defendants, or either of them, or in which ............................is interested? If so, state its value, and state fully all particulars.

     Answer:...............................................................................................

.................................................................................................................

     Do you know of any debts owing to the defendants, whether due or not due, or any money, property, effects, goods, chattels, rights, credits or choses in action, belonging to ............... or in which ...........................is interested, and now in the possession or under the control of others? If so, state particulars.

     Answer:...............................................................................................

.................................................................................................................

     Are you a financial institution with a personal account held by one or all of the defendants? If so, state the account number and the amount of money in the account which is subject to garnishment. As set forth in section 3 of this act, $2,000 or the entire amount in the account, whichever is less, is not subject to garnishment if the financial institution reasonably identifies that an electronic deposit of money has been made into the account within the immediately preceding 45 days which is exempt from execution, including, without limitation, payments of money described in section 3 of this act or, if no such deposit has been made, $400 or the entire amount in the account, whichever is less, is not subject to garnishment, unless the garnishment is for the recovery of money owed for the support of any person. The amount which is not subject to garnishment does not apply to each account of the judgment debtor, but rather is an aggregate amount that is not subject to garnishment.

 


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     Answer:...............................................................................................

.................................................................................................................

     State your correct name and address, or the name and address of your attorney upon whom written notice of further proceedings in this action may be served.

     Answer:...............................................................................................

.................................................................................................................

                                                                  ...............................................

                                                                                 Garnishee

     I (insert the name of the garnishee), [do solemnly swear (or affirm)] declare under penalty of perjury that the answers to the foregoing interrogatories by me subscribed are true [.] and correct.

                                                                  ...............................................

                                                                       (Signature of garnishee)

     [SUBSCRIBED and SWORN to before me this ........ day of the month of ........ of the year ........]

 

     2.  The garnishee shall answer the interrogatories in writing upon oath or affirmation and submit the answers to the sheriff within the time required by the writ. The garnishee shall submit his or her answers to the judgment debtor within the same time. If the garnishee fails to do so, the garnishee shall be deemed in default.

     Sec. 12.  NRS 31.296 is hereby amended to read as follows:

     31.296  1.  Except as otherwise provided in subsection 3, if the garnishee indicates in the garnishee’s answer to garnishee interrogatories that the garnishee is the employer of the defendant, the writ of garnishment served on the garnishee shall be deemed to continue for 120 days or until the amount demanded in the writ is satisfied, whichever occurs earlier.

     2.  In addition to the fee set forth in NRS 31.270, a garnishee is entitled to a fee from the plaintiff of $3 per pay period, not to exceed $12 per month, for each withholding made of the defendant’s earnings. This subsection does not apply to the first pay period in which the defendant’s earnings are garnished.

     3.  If the defendant’s employment by the garnishee is terminated before the writ of garnishment is satisfied, the garnishee:

     (a) Is liable only for the amount of earned but unpaid, disposable earnings that are subject to garnishment.

     (b) Shall provide the plaintiff or the plaintiff’s attorney with the last known address of the defendant and the name of any new employer of the defendant, if known by the garnishee.

     4.  The judgment creditor who caused the writ of attachment to issue pursuant to NRS 31.013 shall prepare an accounting and provide a report to the judgment debtor, the sheriff and each garnishee every 120 days which sets forth, without limitation, the amount owed by the judgment debtor, the costs and fees allowed pursuant to NRS 18.160 and any accrued interest and costs on the judgment. The report must advise the judgment debtor of the judgment debtor’s right to request a hearing pursuant to NRS 18.110 to dispute any accrued interest, fee or other charge. The judgment creditor must submit this accounting with each subsequent application for writ made by the judgment creditor concerning the same debt.

 


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     Sec. 13.  NRS 258.230 is hereby amended to read as follows:

     258.230  Except with respect to the [fee] fees described in [paragraph] paragraphs (a) and (d) of subsection 2 of NRS 258.125, all fees prescribed in this chapter shall be payable in advance, if demanded. If a constable shall not have received any or all of his or her fees, which may be due the constable for services rendered by him or her in any suit or proceedings, the constable may have execution therefor in his or her own name against the party or parties from whom they are due, to be issued from the court where the action is pending, upon the order of the justice of the peace or court upon affidavit filed.

     Sec. 14.  NRS 612.710 is hereby amended to read as follows:

     612.710  Except as otherwise provided in NRS 31A.150:

     1.  Any assignment, pledge or encumbrance of any right to benefits which are or may become due or payable under this chapter is void, except for a voluntary assignment of benefits to satisfy an obligation to pay support for a child.

     2.  Benefits are exempt from levy, execution, attachment, or any other remedy provided for the collection of debt. Benefits received by any person [, if they are not mingled with other money of the recipient,] are exempt from any remedy for the collection of all debts, except debts incurred for necessaries furnished to the person or the person’s spouse or dependents during the time when the person was unemployed.

     3.  Any other waiver of any exemption provided for in this section is void.

     Sec. 15.  NRS 21.114 is hereby repealed.

________

 

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