[Rev. 10/24/2013 8:16:12 PM--2013]

Link to Page 3422

 

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

ê2013 Statutes of Nevada, Page 3423ê

 

CHAPTER 516, SB 461

Senate Bill No. 461–Committee on Finance

 

CHAPTER 516

 

[Approved: June 12, 2013]

 

AN ACT making an appropriation to the Division of State Lands of the State Department of Conservation and Natural Resources for the replacement of equipment beyond its normal scheduled replacement; and providing other matters properly relating thereto.

 

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.  There is hereby appropriated from the State General Fund to the Division of State Lands of the State Department of Conservation and Natural Resources the sum of $29,553 for the replacement of equipment beyond its normal scheduled replacement.

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2015, by the Division of State Lands of the State Department of Conservation and Natural Resources or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 18, 2015, by either the Division of State Lands or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2015.

      Sec. 3.  This act becomes effective upon passage and approval.

________

CHAPTER 517, SB 462

Senate Bill No. 462–Committee on Finance

 

CHAPTER 517

 

[Approved: June 12, 2013]

 

AN ACT making an appropriation to the Central Repository for Nevada Records of Criminal History within the Department of Public Safety for the initial phase of the project to modernize the Nevada Criminal Justice Information System; and providing other matters properly relating thereto.

 

 

 


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

ê2013 Statutes of Nevada, Page 3424 (Chapter 517, SB 462)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.  There is hereby appropriated from the State General Fund to the Central Repository for Nevada Records of Criminal History within the Department of Public Safety the sum of $2,315,090 for the initial phase of the project to modernize the Nevada Criminal Justice Information System.

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2015, by the Central Repository for Nevada Records of Criminal History within the Department of Public Safety or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 18, 2015, by either the Central Repository for Nevada Records of Criminal History or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2015.

      Sec. 3.  This act becomes effective upon passage and approval.

________

CHAPTER 518, SB 475

Senate Bill No. 475–Committee on Finance

 

CHAPTER 518

 

[Approved: June 12, 2013]

 

AN ACT relating to governmental financial administration; revising the provisions governing the rate and calculation of the payroll tax imposed on certain businesses other than financial institutions; extending the prospective expiration of certain requirements regarding the imposition and advance payment of certain taxes and fees; revising provisions relating to the computation of the net proceeds from certain mining operations conducted in this State; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law imposes an excise tax on certain businesses other than financial institutions at the rate of 1.17 percent of the total wages paid by the business each calendar quarter that exceed $62,500. (NRS 363B.110) On July 1, 2013, this rate is scheduled to change to 0.63 percent of the total wages paid by the business each calendar quarter. (Chapter 476, Statutes of Nevada 2011, pp. 2891-92, 2898) Sections 1, 8 and 10 of this bill delay that rate change until June 30, 2015, and provide for the imposition of the tax at the rate of 1.17 percent of the total wages paid by the business each calendar quarter in excess of $85,000 until June 30, 2015.

      Existing law requires, until June 30, 2013, the advance payment of the tax on the net proceeds of minerals based upon the estimated net proceeds and royalties of a mining operation for the current calendar year. (Chapter 4, Statutes of Nevada 2008, 25th Special Session, as last amended by chapter 476, Statutes of Nevada 2011, at pp. 2896-97) Section 3 of this bill delays the expiration of this requirement for advance payment until June 30, 2015, and section 9 of this bill makes conforming changes to related transitory provisions governing the duties of the Department of Taxation in 2016 and the appropriation and apportionment of money to counties and other local governments during that year.

 


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

ê2013 Statutes of Nevada, Page 3425 (Chapter 518, SB 475)ê

 

Department of Taxation in 2016 and the appropriation and apportionment of money to counties and other local governments during that year.

      Section 7 of this bill extends to January 1, 2016, the prospective effective date of certain other provisions revising the computation of the net proceeds from certain mining operations conducted in this State. Section 6 of this bill makes conforming changes to transitory provisions governing the computation for 2015, 2016 and subsequent calendar years.

      Existing law imposes an annual fee of $200 for a state business license. (NRS 76.100, 76.130) On July 1, 2013, this fee is scheduled to change to $100. (Chapter 429, Statutes of Nevada 2009, as last amended by chapter 476, Statutes of Nevada 2011, at p. 2897) Section 4 of this bill delays this change until July 1, 2015.

      Existing law requires, until June 30, 2013, an increase in the rate of the Local School Support Tax of 0.35 percent. (Chapter 395, Statutes of Nevada 2009, as amended by chapter 476, Statutes of Nevada 2011, at pp. 2897-98) Section 5 of this bill delays the expiration of this increase until June 30, 2015.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 363B.110 is hereby amended to read as follows:

      363B.110  1.  There is hereby imposed an excise tax on each employer at the rate of 1.17 percent of the amount by which the sum of all the wages, as defined in NRS 612.190, paid by the employer during a calendar quarter with respect to employment in connection with the business activities of the employer exceeds [$62,500.] $85,000.

      2.  The tax imposed by this section:

      (a) Does not apply to any person or other entity or any wages this State is prohibited from taxing under the Constitution, laws or treaties of the United States or the Nevada Constitution.

      (b) Must not be deducted, in whole or in part, from any wages of persons in the employment of the employer.

      3.  Each employer shall, on or before the last day of the month immediately following each calendar quarter for which the employer is required to pay a contribution pursuant to NRS 612.535:

      (a) File with the Department a return on a form prescribed by the Department; and

      (b) Remit to the Department any tax due pursuant to this chapter for that calendar quarter.

      Sec. 2. (Deleted by amendment.)

      Sec. 3. Section 16 of chapter 4, Statutes of Nevada 2008, 25th Special Session, as last amended by chapter 476, Statutes of Nevada 2011, at page 2896, is hereby amended to read as follows:

       Sec. 16.  1.  This section and sections 2, 4, 14 and 15 of this act become effective upon passage and approval.

       2.  Sections 6 to 12, inclusive, of this act become effective on January 1, 2009.

       3.  Sections 4 and 6 to 12, inclusive, of this act expire by limitation on June 30, 2009.

       4.  Sections 1, 3, 5 and 13 of this act become effective on July 1, 2009.

       5.  Sections 1, 2, 3 and 5 of this act expire by limitation on June 30, [2013.] 2015.

 


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

ê2013 Statutes of Nevada, Page 3426 (Chapter 518, SB 475)ê

 

      Sec. 4. Section 47 of chapter 381, Statutes of Nevada 2009, as last amended by chapter 476, Statutes of Nevada 2011, at page 2897, is hereby amended to read as follows:

       Sec. 47.  1.  This section and section 45.5 of this act become effective upon passage and approval.

       2.  Sections 1 to 44, inclusive, 45, 46 and 46.5 of this act become effective:

       (a) Upon passage and approval for the purposes of adopting regulations and performing any other preparatory actions that are necessary to carry out the provisions of this act; and

       (b) On October 1, 2009, for all other purposes.

       3.  Sections 44.3 and 44.7 of this act become effective on July 1, [2013.] 2015.

      Sec. 5. Section 20 of chapter 395, Statutes of Nevada 2009, as amended by chapter 476, Statutes of Nevada 2011, at page 2897, is hereby amended to read as follows:

       Sec. 20.  1.  This section and section 19 of this act become effective upon passage and approval.

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

       3.  Section 3 of this act becomes effective on July 1, 2009, and expires by limitation on June 30, 2011.

       4.  Sections 6 to 12, inclusive, of this act become effective on July 1, 2009, and expire by limitation on June 30, [2013.] 2015.

       5.  Sections 4, 5, 13, 14, 15, 16, 17 and 18 of this act become effective:

       (a) Upon passage and approval for the purpose of performing any preparatory administrative tasks that are necessary to carry out the provisions of this act; and

       (b) On September 1, 2009, for all other purposes.

       6.  Sections 15.5 and 18.5 of this act become effective on July 1, 2013.

       7.  Section 18 of this act expires by limitation on June 30, 2013.

      Sec. 6. Section 17.5 of chapter 449, Statutes of Nevada 2011, at page 2701, is hereby amended to read as follows:

       Sec. 17.5.  The amendatory provisions of section 12.7 of this act:

       1.  Do not apply to or affect any determination of gross yield or net proceeds required pursuant to NRS 362.100 to 362.240, inclusive, for the calendar year [2013.] 2015.

       2.  Apply for the purposes of estimating and determining gross yield and net proceeds pursuant to NRS 362.100 to 362.240, inclusive, for the calendar year [2014] 2016 and each calendar year thereafter.

      Sec. 7. Section 19 of chapter 449, Statutes of Nevada 2011, at page 2701, is hereby amended to read as follows:

       Sec. 19.  1.  This section and sections 1 to 12, inclusive, and 13 to 18, inclusive, of this act become effective upon passage and approval.

       2.  Section 12.5 of this act becomes effective on January 1, 2012.

       3.  Section 12.7 of this act becomes effective on January 1, [2014.] 2016.

 


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

ê2013 Statutes of Nevada, Page 3427 (Chapter 518, SB 475)ê

 

      Sec. 8. Section 13 of chapter 476, Statutes of Nevada 2011, at page 2898, is hereby amended to read as follows:

       Sec. 13.  The amendatory provisions of section 4 of this act:

       1.  Do not apply to any taxes due for any period ending on or before June 30, 2011; and

       2.  Except as otherwise provided in subsection 1 and notwithstanding the expiration of that section by limitation pursuant to section 17 of this act, apply to taxes due pursuant to NRS 363B.110 for each calendar quarter ending on or before June 30, [2013.] 2015.

      Sec. 9. Section 15 of chapter 476, Statutes of Nevada 2011, at page 2898, is hereby amended to read as follows:

       Sec. 15.  1.  When preparing its certificate of the tax due from a taxpayer pursuant to NRS 362.130 during the calendar year [2014,] 2016, the Department of Taxation shall reduce the amount of the tax due from the taxpayer by the amount of:

       (a) Any estimated payments of the tax made by or on behalf of the taxpayer during the calendar year [2013] 2015 pursuant to NRS 362.115, as that section read on January 1, [2013;] 2015; and

       (b) Any unused credit to which the taxpayer may be entitled as a result of any previous overpayment of the tax.

       2.  Notwithstanding any provision of NRS 362.170 to the contrary:

       (a) The amount appropriated to each county pursuant to that section for distribution to the county during the calendar year [2014] 2016 must be reduced by the amount appropriated to the county pursuant to that section for distribution to the county during the calendar year [2013,] 2015, excluding any portion of the amount appropriated to the county pursuant to that section for distribution to the county during the calendar year [2013] 2015 which is attributable to a pro rata share of any penalties and interest collected by the Department of Taxation for the late payment of taxes distributed to the county.

       (b) In calculating the amount required to be apportioned to each local government or other local entity pursuant to subsection 2 of that section for the calendar year [2014,] 2016, the county treasurer shall reduce the amount required to be determined pursuant to paragraph (a) of that subsection for that calendar year by the amount determined pursuant to that paragraph for the calendar year [2013.] 2015.

      Sec. 10. Section 17 of chapter 476, Statutes of Nevada 2011, at page 2898, is hereby amended to read as follows:

       Sec. 17.  1.  This section and sections 1 and 7 to 16, inclusive, of this act become effective upon passage and approval.

       2.  Sections 4.5 and 6 of this act become effective on July 1, 2011.

       3.  Sections 4 and 6.5 of this act become effective on July 1, 2011, and expire by limitation on June 30, [2013.] 2015.

       4.  Section 5 of this act becomes effective on the date that the balance of the separate account required by subsection 8 of NRS 408.235 is reduced to zero.

      Sec. 11.  The amendatory provisions of section 1 of this act:

      1.  Do not apply to any taxes due for any period ending on or before June 30, 2013; and

 


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

ê2013 Statutes of Nevada, Page 3428 (Chapter 518, SB 475)ê

 

      2.  Except as otherwise provided in subsection 1 and notwithstanding the expiration of that section by limitation pursuant to section 12 of this act, apply to taxes due pursuant to NRS 363B.110 for each calendar quarter ending on or before June 30, 2015.

      Sec. 12.  1.  This act becomes effective upon passage and approval.

      2.  Section 1 of this act expires by limitation on June 30, 2015.

________

CHAPTER 519, SB 480

Senate Bill No. 480–Committee on Finance

 

CHAPTER 519

 

[Approved: June 12, 2013]

 

AN ACT making an appropriation to the State Gaming Control Board to change from a COBOL-based technology system to a modern technology system; and providing other matters properly relating thereto.

 

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.  There is hereby appropriated from the State General Fund to the State Gaming Control Board the sum of $2,000,436 to change from a COBOL-based technology system to a modern technology system.

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2015, by the State Gaming Control Board or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 18, 2015, by either the State Gaming Control Board or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2015.

      Sec. 3.  This act becomes effective upon passage and approval.

________

 

 

 

 

 

 

 

 

 

 

 


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

ê2013 Statutes of Nevada, Page 3429ê

 

CHAPTER 520, SB 484

Senate Bill No. 484–Committee on Finance

 

CHAPTER 520

 

[Approved: June 12, 2013]

 

AN ACT making an appropriation to the Mental Health Information System Account of the Division of Mental Health and Developmental Services of the Department of Health and Human Services for new software to implement the Department’s technology policies; and providing other matters properly relating thereto.

 

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.  There is hereby appropriated from the State General Fund to the Mental Health Information System Account of the Division of Mental Health and Developmental Services of the Department of Health and Human Services the sum of $126,000 for new software to implement the Department’s technology policies.

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2015, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 18, 2015, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2015.

      Sec. 3.  This act becomes effective upon passage and approval.

________

CHAPTER 521, SB 485

Senate Bill No. 485–Committee on Finance

 

CHAPTER 521

 

[Approved: June 12, 2013]

 

AN ACT making an appropriation to the Division of Welfare and Supportive Services of the Department of Health and Human Services for the integration of eligibility rules for the Temporary Assistance for Needy Families program and the Supplemental Nutrition Assistance Program into the eligibility system; authorizing the Division to expend certain other money for the same purpose; and providing other matters properly relating thereto.

 


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

ê2013 Statutes of Nevada, Page 3430 (Chapter 521, SB 485)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.  There is hereby appropriated from the State General Fund to the Division of Welfare and Supportive Services of the Department of Health and Human Services the sum of $452,100 for the integration of eligibility rules for the Temporary Assistance for Needy Families program and the Supplemental Nutrition Assistance Program into the eligibility system.

      Sec. 2.  Expenditure of the sum of $10,547,900 not appropriated from the State General Fund or the State Highway Fund is hereby authorized during the fiscal years beginning on July 1, 2013, and ending on June 30, 2015, by the Division of Welfare and Supportive Services of the Department of Health and Human Services for the integration of eligibility rules for the Temporary Assistance for Needy Families program and the Supplemental Nutrition Assistance Program into the eligibility system.

      Sec. 3.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2015, by the Division of Welfare and Supportive Services of the Department of Health and Human Services or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 18, 2015, by either the Division of Welfare and Supportive Services or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2015.

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

________

CHAPTER 522, SB 486

Senate Bill No. 486–Committee on Finance

 

CHAPTER 522

 

[Approved: June 12, 2013]

 

AN ACT making appropriations for a pilot program for the assessment of school readiness and for programs and projects for the coordination between early childhood education programs through college and workforce readiness; and providing other matters properly relating thereto.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  There is hereby appropriated from the State General Fund to the Department of Administration the sum of $1,500,000 for the costs of implementing a pilot program for an assessment of the school readiness of children in prekindergarten and kindergarten, including, without limitation, costs related to training and technical assistance and the improvement of technology systems.

 


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

ê2013 Statutes of Nevada, Page 3431 (Chapter 522, SB 486)ê

 

readiness of children in prekindergarten and kindergarten, including, without limitation, costs related to training and technical assistance and the improvement of technology systems.

      2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2015, by the Department of Administration or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 18, 2015, by either the Department of Administration or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2015.

      Sec. 2.  1.  There is hereby appropriated from the State General Fund to the Interim Finance Committee the sum of $1,000,000 for allocation to the Department of Administration for projects and programs identified by the needs assessment related to the statewide longitudinal data system for the coordination between early childhood education programs, local school districts, the Nevada System of Higher Education and the Department of Employment, Training and Rehabilitation for the support of the State’s education and workforce development needs.

      2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2015, by the Interim Finance Committee or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 18, 2015, by either the Interim Finance Committee or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2015.

      Sec. 3.  This act becomes effective upon passage and approval.

________

CHAPTER 523, SB 487

Senate Bill No. 487–Committee on Finance

 

CHAPTER 523

 

[Approved: June 12, 2013]

 

AN ACT making an appropriation to the Office of the State Treasurer for the Governor Guinn Millennium Scholarship Program; and providing other matters properly relating thereto.

 

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.  There is hereby appropriated from the State General Fund to the Office of the State Treasurer the sum of $5,000,000 for the Governor Guinn Millennium Scholarship Program created by NRS 396.926.

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

________

 


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

ê2013 Statutes of Nevada, Page 3432ê

 

CHAPTER 524, AB 462

Assembly Bill No. 462–Committee on Ways and Means

 

CHAPTER 524

 

[Approved: June 12, 2013]

 

AN ACT making an appropriation to the Desert Regional Center within the Division of Mental Health and Developmental Services of the Department of Health and Human Services for a new computer system for medical records, provider invoices and claims processing; authorizing the Desert Regional Center to expend certain other money for the same purpose; and providing other matters properly relating thereto.

 

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.  There is hereby appropriated from the State General Fund to the Desert Regional Center within the Division of Mental Health and Developmental Services of the Department of Health and Human Services the sum of $938,119 for a new computer system for the Center’s medical records, provider invoices and claims processing.

      Sec. 2.  Expenditure of the sum of $579,591 not appropriated from the State General Fund or the State Highway Fund is hereby authorized during the fiscal years beginning on July 1, 2013, and ending on June 30, 2015, by the Desert Regional Center within the Division of Mental Health and Developmental Services of the Department of Health and Human Services for a new computer system for the Center’s medical records, provider invoices and claims processing.

      Sec. 3.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2015, by the Desert Regional Center within the Division of Mental Health and Developmental Services of the Department of Health and Human Services or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 18, 2015, by either the Desert Regional Center or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2015.

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

________

 

 

 

 

 

 

 


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

ê2013 Statutes of Nevada, Page 3433ê

 

CHAPTER 525, AB 467

Assembly Bill No. 467–Committee on Ways and Means

 

CHAPTER 525

 

[Approved: June 12, 2013]

 

AN ACT making an appropriation to the Division of State Parks of the State Department of Conservation and Natural Resources to purchase new equipment and replace public safety equipment and worn and obsolete equipment; and providing other matters properly relating thereto.

 

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.  There is hereby appropriated from the State General Fund to the Division of State Parks of the State Department of Conservation and Natural Resources the sum of $371,023 for the purchase of new equipment and the replacement of public safety equipment and equipment that is worn and obsolete, including replacing motors for watercraft for patrol and rescue units and replacing law enforcement and utility vehicles.

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2015, by the Division of State Parks of the State Department of Conservation and Natural Resources or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 18, 2015, by either the Division of State Parks or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2015.

      Sec. 3.  This act becomes effective upon passage and approval.

________

CHAPTER 526, AB 468

Assembly Bill No. 468–Committee on Ways and Means

 

CHAPTER 526

 

[Approved: June 12, 2013]

 

AN ACT making an appropriation to the Department of Corrections for an upgrade to and end-user training for the Nevada Offender Tracking Information System; and providing other matters properly relating thereto.

 


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

ê2013 Statutes of Nevada, Page 3434 (Chapter 526, AB 468)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.  There is hereby appropriated from the State General Fund to the Department of Corrections the sum of $1,902,000 for an upgrade to and end-user training for the Nevada Offender Tracking Information System.

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2015, by the Department of Corrections or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 18, 2015, by either the Department of Corrections or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2015.

      Sec. 3.  This act becomes effective upon passage and approval.

________

CHAPTER 527, AB 470

Assembly Bill No. 470–Committee on Ways and Means

 

CHAPTER 527

 

[Approved: June 12, 2013]

 

AN ACT making appropriations to the Nevada Highway Patrol Division of the Department of Public Safety to replace fleet vehicles and motorcycles that have exceeded the mileage threshold; and providing other matters properly relating thereto.

 

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.  There is hereby appropriated from the State Highway Fund to the Nevada Highway Patrol Division of the Department of Public Safety:

      1.  The sum of $10,936,337 to replace fleet vehicles that have exceeded the mileage threshold; and

      2.  The sum of $693,726 to replace fleet motorcycles that have exceeded the mileage threshold.

      Sec. 2.  Any remaining balance of the appropriations made by section 1 of this act must not be committed for expenditure after June 30, 2015, by the Nevada Highway Patrol Division of the Department of Public Safety or any entity to which money from the appropriations is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 18, 2015, by either the Nevada Highway Patrol Division or the entity to which the money was subsequently granted or transferred, and must be reverted to the State Highway Fund on or before September 18, 2015.

      Sec. 3.  This act becomes effective upon passage and approval.

________

 


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

ê2013 Statutes of Nevada, Page 3435ê

 

CHAPTER 528, AB 474

Assembly Bill No. 474–Committee on Ways and Means

 

CHAPTER 528

 

[Approved: June 12, 2013]

 

AN ACT making appropriations to restore the balances in the Stale Claims Account, Emergency Account, Reserve for Statutory Contingency Account and Contingency Account; and providing other matters properly relating thereto.

 

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.  There is hereby appropriated from the State General Fund to the:

      1.  Stale Claims Account created by NRS 353.097 the sum of $3,000,000 to restore the balance in the Account.

      2.  Emergency Account created by NRS 353.263 the sum of $100,000 to restore the balance in the Account.

      3.  Reserve for Statutory Contingency Account created by NRS 353.264 the sum of $3,000,000 to restore the balance in the Account.

      4.  Contingency Account created by NRS 353.266 the sum of $8,300,000 to restore the balance in the Account.

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

________

CHAPTER 529, AB 475

Assembly Bill No. 475–Committee on Ways and Means

 

CHAPTER 529

 

[Approved: June 12, 2013]

 

AN ACT making appropriations to the Legislative Fund for dues and registration costs for national organizations, building maintenance projects and information technology purchases; and providing other matters properly relating thereto.

 

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.  There is hereby appropriated from the State General Fund to the Legislative Fund created by NRS 218A.150 the sum of $758,573 for dues and registration costs for national organizations to be allocated as follows:

For the Fiscal Year 2013-2014.......................................................... $377,117

For the Fiscal Year 2014-2015.......................................................... $381,456

 


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

ê2013 Statutes of Nevada, Page 3436 (Chapter 529, AB 475)ê

 

      Sec. 2.  There is hereby appropriated from the State General Fund to the Legislative Fund created by NRS 218A.150 the sum of $1,082,800 for one-time building maintenance projects and information technology purchases for the Legislative Counsel Bureau.

      Sec. 3.  This act becomes effective upon passage and approval.

________

CHAPTER 530, AB 477

Assembly Bill No. 477–Committee on Ways and Means

 

CHAPTER 530

 

[Approved: June 12, 2013]

 

AN ACT making an appropriation to the Office of the State Controller to replace computer servers for the statewide financial system; and providing other matters properly relating thereto.

 

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.  There is hereby appropriated from the State General Fund to the Office of the State Controller the sum of $470,397 to replace computer servers for the statewide financial system.

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2015, by the Office of the State Controller or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 18, 2015, by either the Office of the State Controller or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2015.

      Sec. 3.  This act becomes effective upon passage and approval.

________

 

 

 

 

 

 

 

 

 

 

 

 

 


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

ê2013 Statutes of Nevada, Page 3437ê

 

CHAPTER 531, SB 44

Senate Bill No. 44–Committee on Government Affairs

 

CHAPTER 531

 

[Approved: June 12, 2013]

 

AN ACT relating to public financial administration; enlarging the purposes for which a grant or loan may be made from the Disaster Relief Account; revising the process for requesting a grant or loan from the Account and for reviewing such a request; enlarging the purposes for which a local government may use money in a fund to mitigate the effects of a natural disaster; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law establishes a process by which a state agency or a local government may apply to the State Board of Examiners and the Interim Finance Committee for a grant or loan from the Disaster Relief Account, and also specifies the purposes for which that money may be used. (NRS 353.2705-353.2771) Money granted or loaned to a local government from the Account may be used, among other purposes, to pay a portion of any “grant match” the local government must provide to obtain a grant from a federal disaster assistance agency. (NRS 353.2715, 353.2725, 353.2745, 353.2751) Sections 1, 2, 5 and 6 of this bill remove the limitation that the federal agency making such a grant must be a disaster assistance agency, with the result that money granted or loaned from the Account may be used to match a grant from any federal agency. Section 10 of this bill makes a similar change with respect to the use of money from a fund established by a local government to mitigate the effects of a natural disaster. (NRS 354.6115)

      Sections 4 and 5 of this bill otherwise enlarge the purposes for which money granted from the Account may be used, to authorize use of the money for a project to prevent or reduce the likelihood of damage or injury resulting from a similar disaster in the future.

      The remaining provisions of this bill revise the process for submitting and reviewing a request for a grant or loan from the Account. Section 9 of this bill requires a state agency or a local government to give notice of its intention to request a grant or loan to the Division of Emergency Management of the Department of Public Safety, which forwards that notice to the State Board of Examiners and the Fiscal Analysis Division of the Legislative Counsel Bureau. Section 9 enlarges the time within which the request must thereafter be submitted, and requires that it be submitted initially to the Division of Emergency Management and the Department of Taxation for review and comment. The request and the reports of each agency are transmitted to the State Board of Examiners and the Fiscal Analysis Division. The State Board of Examiners then considers the request and the reports and makes a recommendation to the Interim Finance Committee as provided under existing law. (NRS 353.2755, 353.276)

 

 

 

 


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

ê2013 Statutes of Nevada, Page 3438 (Chapter 531, SB 44)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 353.2715 is hereby amended to read as follows:

      353.2715  “Eligible project” means a project that:

      1.  Is related to a disaster; and

      2.  Is proposed, coordinated or conducted by a public or nonprofit private entity that has been designated and approved as qualifying and eligible to receive federal grant money for the disaster from a federal [disaster assistance] agency.

      Sec. 2. NRS 353.2725 is hereby amended to read as follows:

      353.2725  “Grant match” means the share of a grant provided by a federal [disaster assistance] agency that must be matched by a state or local government.

      Sec. 3. NRS 353.2735 is hereby amended to read as follows:

      353.2735  1.  The Disaster Relief Account is hereby created in the State General Fund. The Interim Finance Committee shall administer the Disaster Relief Account.

      2.  The Division may accept grants, gifts or donations for deposit in the Disaster Relief Account. Except as otherwise provided in subsection 3, money received from:

      (a) A direct legislative appropriation to the Disaster Relief Account;

      (b) A transfer from the State General Fund in an amount equal to not more than 10 percent of the aggregate balance in the Account to Stabilize the Operation of the State Government made pursuant to NRS 353.288; and

      (c) A grant, gift or donation to the Disaster Relief Account,

Ê must be deposited in the Disaster Relief Account. Except as otherwise provided in NRS 414.135, the interest and income earned on the money in the Disaster Relief Account must, after deducting any applicable charges, be credited to the Disaster Relief Account.

      3.  If, at the end of each quarter of a fiscal year, the balance in the Disaster Relief Account exceeds 0.75 percent of the total amount of all appropriations from the State General Fund for the operation of all departments, institutions and agencies of State Government and authorized expenditures from the State General Fund for the regulation of gaming for that fiscal year, the State Controller shall not, until the balance in the Disaster Relief Account is 0.75 percent or less of that amount, transfer any money in the Account to Stabilize the Operation of the State Government from the State General Fund to the Disaster Relief Account pursuant to the provisions of NRS 353.288.

      4.  Money in the Disaster Relief Account may be used for any purpose authorized by the Legislature or distributed through grants and loans to state agencies and local governments as provided in NRS 353.2705 to 353.2771, inclusive. Except as otherwise provided in NRS 353.276, such grants will be disbursed on the basis of reimbursement of costs authorized pursuant to NRS 353.274 and 353.2745.

      5.  If [the Governor declares a disaster,] the State Board of Examiners receives a notice submitted to and forwarded by the Division pursuant to subsections 1 and 2 of NRS 353.2755, the State Board of Examiners shall estimate:

 


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

ê2013 Statutes of Nevada, Page 3439 (Chapter 531, SB 44)ê

 

      (a) The money in the Disaster Relief Account that is available for grants and loans for the disaster that is the subject of the notice pursuant to the provisions of NRS 353.2705 to 353.2771, inclusive; and

      (b) The anticipated amount of those grants and loans for the disaster.

Ê Except as otherwise provided in this subsection, if the anticipated amount determined pursuant to paragraph (b) exceeds the available money in the Disaster Relief Account for such grants and loans, all grants and loans from the Disaster Relief Account for the disaster must be reduced in the same proportion that the anticipated amount of the grants and loans exceeds the money in the Disaster Relief Account that is available for grants and loans for the disaster. If the reduction of a grant or loan from the Disaster Relief Account would result in a reduction in the amount of money that may be received by a state agency or local government from the Federal Government, the reduction in the grant or loan must not be made.

      Sec. 4. NRS 353.274 is hereby amended to read as follows:

      353.274  Money in the Account may be distributed as a grant to a state agency because of a disaster for the payment of expenses incurred by the state agency for:

      1.  The repair or replacement of public roads, public streets, bridges, water control facilities, public buildings, public utilities, recreational facilities and parks owned by the State and damaged by the disaster;

      2.  Any emergency measures undertaken to save lives, protect public health and safety or protect public property, including, without limitation, an emergency measure undertaken in response to a crisis involving violence on school property, at a school activity or on a school bus, in the jurisdiction in which the disaster occurred;

      3.  The removal of debris from publicly or privately owned land and waterways undertaken because of the disaster; [and]

      4.  The administration of a disaster assistance program [.] ; and

      5.  Any project to prevent or reduce the likelihood of damage to property or injury to persons resulting from a similar disaster in the future.

      Sec. 5. NRS 353.2745 is hereby amended to read as follows:

      353.2745  Money in the Account may be distributed as a grant to a local government because of a disaster for:

      1.  The payment of not more than 50 percent of the expenses incurred by the local government for:

      (a) The repair or replacement of public roads, public streets, bridges, water control facilities, public buildings, public utilities, recreational facilities and parks owned by the local government and damaged by the disaster; [and]

      (b) Any emergency measures undertaken to save lives, protect public health and safety or protect public property, including, without limitation, an emergency measure undertaken in response to a crisis involving violence on school property, at a school activity or on a school bus, in the jurisdiction in which the disaster occurred;

      (c) The removal of debris from publicly or privately owned land and waterways undertaken because of the disaster; and

      (d) Any project to prevent or reduce the likelihood of damage to property or injury to persons resulting from a similar disaster in the future; and

      2.  The payment of not more than 50 percent of any grant match the local government must provide to obtain a grant from a federal [disaster assistance] agency for an eligible project to repair damage caused by the disaster within the jurisdiction of the local government.

 


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

ê2013 Statutes of Nevada, Page 3440 (Chapter 531, SB 44)ê

 

assistance] agency for an eligible project to repair damage caused by the disaster within the jurisdiction of the local government.

      Sec. 6. NRS 353.2751 is hereby amended to read as follows:

      353.2751  Money in the Account may be distributed as a loan to a local government because of a disaster for:

      1.  The payment of expenses incurred by the local government for:

      (a) The repair or replacement of public roads, public streets, bridges, water control facilities, public buildings, public utilities, recreational facilities and parks owned by the local government and damaged by the disaster;

      (b) Any overtime worked by an employee of the local government because of the disaster or any other extraordinary expenses incurred by the local government because of the disaster; and

      (c) Any projects to reduce or prevent the possibility of damage to persons or property from similar disasters in the future; and

      2.  The payment of not more than 50 percent of any grant match the local government must provide to obtain a grant from a federal [disaster assistance] agency for an eligible project to repair damage caused by the disaster within the jurisdiction of the local government. Before a loan may be distributed to a local government pursuant to this subsection:

      (a) The Interim Finance Committee must make a determination that the local government is currently unable to meet its financial obligations; and

      (b) The local government must execute a loan agreement in which the local government agrees to:

             (1) Use the money only for the purpose of paying the grant match; and

             (2) Repay the entire amount of the loan, without any interest or other charges, to the Account not later than 10 years after the date on which the agreement is executed.

      Sec. 7. NRS 353.2753 is hereby amended to read as follows:

      353.2753  1.  A state agency or local government may request the Division to [conduct a preliminary] provide technical assistance to the state agency or local government by conducting an assessment of the damages related to an event for which the state agency or local government seeks a grant or loan from the Account.

      2.  Upon receipt of such a request, the Division shall [investigate] :

      (a) Notify the State Board of Examiners of the request;

      (b) Investigate the event or cause the event to be investigated to make [a preliminary] an assessment of the damages related to the event ; and [shall make]

      (c) Make or cause to be made a written report of the damages . [related to the event.]

      3.  As soon as practicable after completion of the investigation and preparation of the report of damages, the Division shall:

      (a) Determine whether the event constitutes a disaster for which the state agency or local government may seek a grant or loan from the Account; and

      (b) Submit the report prepared pursuant to this section and its written determination regarding whether the event constitutes a disaster to the state agency or local government.

      4.  The Division shall prescribe by regulation the information that must be included in a report of damages, including, without limitation, a description of the damage caused by the event, an estimate of the costs to repair such damage and a specification of whether the purpose of the project is for repair or replacement, emergency response or mitigation.

 


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

ê2013 Statutes of Nevada, Page 3441 (Chapter 531, SB 44)ê

 

repair such damage and a specification of whether the purpose of the project is for repair or replacement, emergency response or mitigation.

      Sec. 8. NRS 353.2754 is hereby amended to read as follows:

      353.2754  A local government may request a grant or loan from the Account if:

      1.  Pursuant to NRS 414.090, the governing body of the local government determines that an event which has occurred constitutes a disaster; and

      2.  After the Division conducts [a preliminary] an assessment of the damages pursuant to NRS 353.2753, the Division determines that an event has occurred that constitutes a disaster.

      Sec. 9. NRS 353.2755 is hereby amended to read as follows:

      353.2755  1.  [A] Not later than 60 days after the Governor, in the case of a notice by a state agency, or the governing body of a local government determines that an event constitutes a disaster, a state agency or local government may submit to the Division a [request to the State Board of Examiners for] written notice of the state agency’s or local government’s intention to request a grant or loan from the Account as provided in NRS 353.2705 to 353.2771, inclusive, if:

      (a) The agency or local government finds that, because of a disaster, it is unable to pay for an expense or grant match specified in NRS 353.274, 353.2745 or 353.2751 from money appropriated or otherwise available to the agency or local government;

      (b) The request has been approved by the chief administrative officer of the state agency or the governing body of the local government; and

      (c) If the requester is an incorporated city, the city has requested financial assistance from the county and was denied all or a portion of the requested assistance.

      2.  Not later than 10 working days after it receives a notice from a state agency or local government pursuant to subsection 1, the Division shall forward a copy of the notice to the State Board of Examiners and the Fiscal Analysis Division of the Legislative Counsel Bureau.

      3.  A request by a state agency or local government for a grant or loan [submitted pursuant to subsection 1 must be made within 60 days after the disaster and must] from the Account:

      (a) Must be submitted to the Division and the Department of Taxation not later than 18 months after the Governor, in the case of a request by a state agency, or the governing body of the local government determines that an event constitutes a disaster, unless the Chief of the Division grants an extension of time; and

      (b) Must include:

      [(a)](1) A statement specifying whether the request is for a grant or loan and setting forth the amount of money requested by the state agency or local government;

      [(b)](2) An assessment of the need of the state agency or local government for the money requested;

      [(c)](3) If the request is submitted by a local government that has established a fund pursuant to NRS 354.6115 to mitigate the effects of a natural disaster, a statement of the amount of money that is available in that fund, if any, for the payment of expenses incurred by the local government as a result of a disaster;

 


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

ê2013 Statutes of Nevada, Page 3442 (Chapter 531, SB 44)ê

 

      [(d)](4) A determination of the type, value and amount of resources the state agency or local government may be required to provide as a condition for the receipt of a grant or loan from the Account;

      [(e)](5) A written report of damages prepared by the Division and the written determination made by the Division that the event constitutes a disaster pursuant to NRS 353.2753; and

      [(f)](6) If the requester is an incorporated city, all documents which relate to a request for assistance submitted to the board of county commissioners of the county in which the city is located.

Ê Any additional documentation relating to the request that is requested by the [State Board of Examiners] Division or the Department of Taxation must be submitted to the Division or the Department, as the case may be, within [6 months after the disaster] 10 working days after the date of the Division’s or the Department’s request unless the [State Board of Examiners and the Interim Finance Committee grant] Chief of the Division or the Executive Director of the Department, as applicable, or his or her designee, grants an extension.

      [3.  Upon the receipt of a complete request for a grant or loan submitted pursuant to subsection 1, the]

      4.  Not later than 60 days after the Division receives a request for a grant or loan and receives any additional information requested by the Division, the Division shall:

      (a) Except as otherwise provided in this subsection, review the request to determine whether it contains the information necessary for the State Board of Examiners and the Interim Finance Committee to act upon the request and otherwise complies with the requirements of NRS 353.2705 to 353.2771, inclusive;

      (b) Prepare a written report of the determination required by paragraph (a);

      (c) Submit a copy of the request and its report to the State Board of Examiners and to the Fiscal Analysis Division of the Legislative Counsel Bureau; and

      (d) Provide a copy of its report to the state agency or local government, as applicable, and the Department of Taxation.

Ê The Division shall coordinate its review of the request with the Department of Taxation to ensure, to the extent practicable, that the Division’s review does not duplicate the review conducted by the Department pursuant to subsection 5.

      5.  Not later than 60 days after the Department of Taxation receives a request for a grant or loan and receives any additional information requested by the Department, the Department shall:

      (a) Review any financial information submitted in support of the request which the Department believes to be relevant, including, without limitation:

             (1) The report of damages prepared by the Division pursuant to NRS 353.2753;

             (2) Information relating to the expenses for which the grant or loan is requested;

             (3) If the requester is a local government and is requesting a loan, information relating to the current ability of the local government to meet its financial obligations; and

 


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

ê2013 Statutes of Nevada, Page 3443 (Chapter 531, SB 44)ê

 

             (4) If the requester is a local government and is requesting a grant or loan for the payment of any grant match described in NRS 353.2745 or 353.2751, information relating to the grant or grant match;

      (b) Prepare a written report of its findings;

      (c) Submit a copy of its report to the State Board of Examiners and to the Fiscal Analysis Division of the Legislative Counsel Bureau; and

      (d) Provide a copy of the report to the state agency or local government, as applicable, and the Division.

      6.  Upon its receipt of a request for a grant or loan submitted pursuant to this section and the reports of the Division and the Department of Taxation relating to the request, the State Board of Examiners:

      (a) Shall consider the request [;] and the reports; and

      (b) May require any additional information that it determines is necessary to make a recommendation.

      [4.]7.  If the State Board of Examiners finds that a grant or loan is appropriate, it shall include in its recommendation to the Interim Finance Committee the proposed amount of the grant or loan. If the State Board of Examiners recommends a grant, it shall include a recommendation regarding whether or not the state agency or local government requires an advance to avoid severe financial hardship. If the State Board of Examiners recommends a loan for a local government, it shall include the information required pursuant to subsection 1 of NRS 353.2765. If the State Board of Examiners finds that a grant or loan is not appropriate, it shall include in its recommendation the reason for its determination.

      [5.]8.  The provisions of this section do not prohibit a state agency or local government from submitting more than one request for a grant or loan from the Account.

      [6.]9.  As used in this section, the term “natural disaster” has the meaning ascribed to it in NRS 354.6115.

      Sec. 10. NRS 354.6115 is hereby amended to read as follows:

      354.6115  1.  The governing body of a local government may, by resolution, establish a fund to stabilize the operation of the local government and mitigate the effects of natural disasters.

      2.  The money in the fund must be used only:

      (a) If the total actual revenue of the local government falls short of the total anticipated revenue in the general fund for the fiscal year in which the local government uses that money; or

      (b) To pay expenses incurred by the local government to mitigate the effects of a natural disaster.

Ê The money in the fund at the end of the fiscal year may not revert to any other fund or be a surplus for any purpose other than a purpose specified in this subsection.

      3.  The money in the fund may not be used to pay expenses incurred to mitigate the effects of a natural disaster until the governing body of the local government issues a formal declaration that a natural disaster exists. The governing body shall not make such a declaration unless a natural disaster is occurring or has occurred. Upon the issuance of such a declaration, the money in the fund may be used for the payment of the following expenses incurred by the local government as a result of the natural disaster:

      (a) The repair or replacement of roads, streets, bridges, water control facilities, public buildings, public utilities, recreational facilities and parks owned by the local government and damaged by the natural disaster;

 


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

ê2013 Statutes of Nevada, Page 3444 (Chapter 531, SB 44)ê

 

      (b) Any emergency measures undertaken to save lives, protect public health and safety or protect property within the jurisdiction of the local government;

      (c) The removal of debris from publicly or privately owned land and waterways within the jurisdiction of the local government that was undertaken because of the natural disaster;

      (d) Expenses incurred by the local government for any overtime worked by an employee of the local government because of the natural disaster or any other extraordinary expenses incurred by the local government because of the natural disaster; and

      (e) The payment of any grant match the local government must provide to obtain a grant from a federal [disaster assistance] agency for an eligible project to repair damage caused by the natural disaster within the jurisdiction of the local government.

      4.  The balance in the fund must not exceed 10 percent of the expenditures from the general fund for the previous fiscal year, excluding any federal funds expended by the local government.

      5.  The annual budget and audit report of the local government prepared pursuant to NRS 354.624 must specifically identify the fund.

      6.  The audit report prepared for the fund must include a statement by the auditor whether the local government has complied with the provisions of this section.

      7.  Any transfer of money from a fund established pursuant to this section must be completed within 90 days after the end of the fiscal year in which the natural disaster for which the fund was established occurs.

      8.  As used in this section:

      (a) “Grant match” has the meaning ascribed to it in NRS 353.2725.

      (b) “Natural disaster” means a fire, flood, earthquake, drought or any other occurrence that:

             (1) Results in widespread or severe damage to property or injury to or the death of persons within the jurisdiction of the local government; and

             (2) As determined by the governing body of the local government, requires immediate action to protect the health, safety and welfare of persons residing within the jurisdiction of the local government.

      Sec. 11.  This act becomes effective on July 1, 2013.

________

 

 

 

 

 

 

 

 

 

 

 

 

 

 


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

ê2013 Statutes of Nevada, Page 3445ê

 

CHAPTER 532, SB 357

Senate Bill No. 357–Senators Roberson, Smith and Atkinson

 

Joint Sponsors: Assemblymen Neal, Stewart and Hambrick

 

CHAPTER 532

 

[Approved: June 12, 2013]

 

AN ACT relating to economic development; enacting the Nevada New Markets Jobs Act which provides for tax credits for certain business entities; authorizing the Director of the Department of Business and Industry to adopt regulations; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Sections 2-27 of this bill enact the Nevada New Markets Jobs Act. Specifically, section 14 of this bill, in conjunction with section 27.1 of this bill, allows certain business entities to receive a credit against the premium tax imposed on insurance companies in exchange for investing in a qualified community development entity.

      Section 16 sets forth the application procedures, which include the payment of certain fees, which must be followed by a qualified community development entity that seeks to have an equity investment or long-term debt security designated as a qualified equity investment and eligible for tax credits. Section 16 also sets forth certain requirements that the Department of Business and Industry must follow when determining whether to approve or disapprove such an application.

      Section 17 sets forth certain conditions under which the tax credits allowed pursuant to the provisions of this bill must be recaptured. Section 18 provides that the recapture provisions of section 17 are subject to a 6-month cure period. Section 18 also prohibits any recapture until the qualified community development entity has been given notice of noncompliance and afforded 6 months after the date of notice to cure the noncompliance.

      Section 19 sets forth: (1) the amount of the performance fee that a qualified community development entity must include with an application made to the Department pursuant to section 16; and (2) the procedure for obtaining a refund of such a fee.

      Section 20 requires the Department to issue letter rulings regarding the tax credit program authorized by this bill and sets forth the procedures for issuing those letter rulings.

      Section 22 sets forth the requirements for decertifying a qualified equity investment.

      Section 24 authorizes the Director of the Department to adopt regulations to carry out the provisions of this bill.

      Sections 25-27 set forth certain further requirements for a long-term debt security, a qualified active low-income community business and a qualified community development entity.

 


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

ê2013 Statutes of Nevada, Page 3446 (Chapter 532, SB 357)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.  Title 18 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 27, inclusive, of this act.

      Sec. 2. The provisions of this chapter may be cited as the Nevada New Markets Jobs Act.

      Sec. 2.5. The Legislature hereby finds and declares that:

      1.  The purpose of this chapter is to provide community development and economic stimulation, particularly to distressed areas of this State;

      2.  All qualified community development entities, including, without limitation, minority-owned community development entities and those that have not entered into an allocation agreement with the Community Development Financial Institutions Fund of the United States Department of the Treasury, need to be involved in community development efforts; and

      3.  To maximize the benefit of this chapter, qualified community development entities that have entered into such allocation agreements are encouraged to work with all groups that are involved in community development in distressed areas, including, without limitation, minority-owned qualified community development entities, community development entities that have not entered into such allocation agreements and other Nevada-based entities that engage in community development.

      Sec. 3. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 4 to 13, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 4. “Applicable percentage” means 0 percent for the first two credit allowance dates, 12 percent for the next three credit allowance dates and 11 percent for the next two credit allowance dates.

      Sec. 5. “Credit allowance date” means, with respect to any qualified equity investment:

      1.  The date on which the investment is initially made; and

      2.  Each of the six anniversary dates immediately following the date on which the investment is initially made.

      Sec. 5.3. “Department” means the Department of Business and Industry.

      Sec. 5.7. “Director” means the Director of the Department.

      Sec. 6. “Liability for insurance premium tax” means any liability incurred by any entity under NRS 680A.330 or 680B.025 to 680B.039, inclusive, or, if the tax liability under NRS 680A.330 or 680B.025 to 680B.039, inclusive, is eliminated or reduced, any tax liability to the Department of Taxation that is imposed on an insurance company or other person who had that tax liability under the laws of this State before the elimination or reduction of that tax liability.

      Sec. 7. “Long-term debt security” means any debt instrument which qualifies as such pursuant to section 25 of this act.

      Sec. 8.  (Deleted by amendment.)

      Sec. 9. “Purchase price” means the amount paid to the issuer of a qualified equity investment for the qualified equity investment.

 


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

ê2013 Statutes of Nevada, Page 3447 (Chapter 532, SB 357)ê

 

      Sec. 10. “Qualified active low-income community business” has the meaning ascribed to it in section 45D of the Internal Revenue Code of 1986, 26 U.S.C. § 45D, and 26 C.F.R. § 1.45D-1, but is limited to those businesses specified in section 26 of this act.

      Sec. 11. “Qualified community development entity” has the meaning ascribed to it in section 45D of the Internal Revenue Code of 1986, 26 U.S.C. § 45D, but is limited to such an entity specified in section 27 of this act.

      Sec. 12.  1.  “Qualified equity investment” means any equity investment in, or long-term debt security issued by, a qualified community development entity that:

      (a) Except as otherwise provided in this section, is acquired after the effective date of this act solely in exchange for cash at the original issuance of the equity investment;

      (b) Has at least 85 percent of the cash purchase price of the equity investment used by the issuer to make qualified low-income community investments in qualified active low-income community businesses located in this State by the first anniversary of the initial credit allowance date; and

      (c) Is designated by the issuer as a qualified equity investment under this section and is certified by the Department as complying with the limitations contained in subsection 5 of section 16 of this act.

      2.  The term includes an investment that does not meet the requirements of subsection 1 if the investment was a qualified equity investment in the possession or control of a prior holder.

      Sec. 13. “Qualified low-income community investment” means any capital or equity investment in, or loan to, any qualified active low-income community business.

      Sec. 14. An entity that makes a qualified equity investment earns a vested right to credit against the entity’s liability for insurance premium tax on a premium tax report filed pursuant to NRS 680B.030 that may be used as follows:

      1.  On each credit allowance date of the qualified equity investment, the entity, or the subsequent holder of the qualified equity investment, is entitled to use a portion of the credit during the taxable year that includes the credit allowance date.

      2.  The credit amount is equal to the applicable percentage for the credit allowance date multiplied by the purchase price paid to the issuer of the qualified equity investment.

      3.  Except as otherwise provided in subsection 4, the amount of the credit claimed by an entity must not exceed the amount of the entity’s liability for insurance premium tax for the tax year for which the credit is claimed.

      4.  If the insurance premium tax is eliminated or reduced below the level that was in effect on the first credit allowance date, the entity is entitled to a credit against any other taxes paid to the Department of Taxation in an amount equal to the difference between the amount the entity would have been able to claim against its insurance premium tax liability had the tax not been eliminated or reduced and the amount the entity was actually able to claim, if any.

 


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

ê2013 Statutes of Nevada, Page 3448 (Chapter 532, SB 357)ê

 

Ê Any amount of tax credit that the entity is prohibited from claiming in a taxable year as a result of subsection 3 or 4 may be carried forward for use in any subsequent taxable year.

      Sec. 15. No tax credit claimed under this chapter may be refunded or sold on the open market. Tax credits earned by a partnership, limited-liability company, S corporation or other similar pass-through entity may be allocated to the partners, members or shareholders of such an entity for their direct use in accordance with the provisions of any agreement among such partners, members or shareholders. Such an allocation is not considered a sale for the purpose of this chapter.

      Sec. 15.5. 1.  An insurer or an affiliate of an insurer may not:

      (a) Manage a qualified community development entity; or

      (b) Control the direction of equity investments for a qualified community development entity.

      2.  The provisions of subsection 1 apply to any entity described in subsection 1 regardless of whether the entity does business in this State.

      3.  This section does not preclude an entity described in subsection 1 from exercising legal rights or remedies, including the interim management of a qualified community development entity, with respect to a qualified community development entity that is in default of any statutory or contractual obligations to the entity described in subsection 1.

      4.  This chapter does not limit the amount of nonvoting equity interests in a qualified community development entity that an entity described in subsection 1 may own.

      5.  For the purposes of this section:

      (a) “Affiliate of an insurer” has the meaning ascribed to the term “affiliate” in NRS 692C.030.

      (b) “Insurer” has the meaning ascribed to it in NRS 679A.100.

      Sec. 16. 1.  A qualified community development entity that seeks to have an equity investment or long-term debt security designated as a qualified equity investment and eligible for tax credits under this chapter must apply to the Department for that designation. An application submitted by a qualified community development entity must include the following:

      (a) Evidence of the applicant’s certification as a qualified community development entity.

      (b) A copy of an allocation agreement executed by the applicant, or its controlling entity, and the Community Development Financial Institutions Fund of the United States Department of the Treasury which includes the State of Nevada in the service area set forth in the allocation agreement.

      (c) A certificate executed by an executive officer of the applicant:

             (1) Attesting that the allocation agreement remains in effect and has not been revoked or cancelled by the Community Development Financial Institutions Fund; and

             (2) Setting forth the cumulative amount of allocations awarded to the applicant by the Community Development Financial Institutions Fund.

      (d) A description of the proposed amount, structure and purchaser of the qualified equity investment.

      (e) If known at the time of application, identifying information for any entity that will use the tax credits earned as a result of the issuance of the qualified equity investment.

 


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

ê2013 Statutes of Nevada, Page 3449 (Chapter 532, SB 357)ê

 

      (f) Examples of the types of qualified active low-income businesses in which the applicant, its controlling entity or the affiliates of its controlling entity have invested under the federal New Markets Tax Credit Program. An applicant is not required to identify the qualified active low-income community businesses in which it will invest when submitting an application.

      (g) A nonrefundable application fee of $5,000. This fee must be paid to the Department and is required for each application submitted.

      (h) The refundable performance fee required by subsection 1 of section 19 of this act.

      2.  Within 30 days after receipt of a completed application containing the information set forth in subsection 1, including the payment of the application fee and the refundable performance fee, the Department shall grant or deny the application in full or in part. If the Department denies any part of the application, it shall inform the qualified community development entity of the grounds for the denial. If the qualified community development entity provides any additional information required by the Department or otherwise completes its application within 15 days after the date of the notice of denial, the application must be considered complete as of the original date of submission. If the qualified community development entity fails to provide the information or complete its application within the 15-day period, the application remains denied and must be resubmitted in full with a new date of submission.

      3.  If the application is complete, the Department shall certify the proposed equity investment or long-term debt security as a qualified equity investment that is eligible for tax credits under this chapter, subject to the limitations contained in subsection 5. The Department shall provide written notice of the certification to the qualified community development entity. The notice must include the names of those entities who will earn the credits and their respective credit amounts. If the names of the entities that are eligible to use the credits change as the result of a transfer of a qualified equity investment or an allocation pursuant to section 15 of this act, the qualified community development entity shall notify the Department of the change.

      4.  The Department shall certify qualified equity investments in the order applications are received by the Department. Applications received on the same day shall be deemed to have been received simultaneously. For applications that are complete and received on the same day, the Department shall certify, consistent with remaining qualified equity investment capacity, the qualified equity investments in proportionate percentages based upon the ratio that the amount of qualified equity investment requested in an application bears to the total amount of qualified equity investments requested in all applications received on the same day.

      5.  The Department:

      (a) Shall certify $200,000,000 in qualified equity investments;

      (b) Shall not certify any single qualified equity investment of less than $5,000,000; and

      (c) Shall not certify more than a total of $50,000,000 in qualified equity investments to any single applicant, including all affiliates and partners of the applicant which are qualified community development entities.

 


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

ê2013 Statutes of Nevada, Page 3450 (Chapter 532, SB 357)ê

 

Ê If a pending request cannot be fully certified because of these limits, the Department shall certify the portion that may be certified unless the qualified community development entity elects to withdraw its request rather than receive partial certification.

      6.  An approved applicant may transfer all or a portion of its certified qualified equity investment authority to its controlling entity or any affiliate or partner of the controlling entity which is also a qualified community development entity, if the applicant provided the information required in the application with respect to the transferee and the applicant notifies the Department of the transfer within 30 days after the transfer.

      7.  Within 30 days after the applicant receives notice of certification, the qualified community development entity or any transferee pursuant to subsection 6 shall issue the qualified entity investment and receive cash in the amount certified by the Department. The qualified community development entity or transferee under subsection 6 must provide the Department with evidence of the receipt of the cash investment within 10 business days after receipt. If the qualified community development entity or any transferee under subsection 6 does not receive the cash investment and issue the qualified equity investment within 30 days after receipt of the notice of certification, the certification lapses and the entity may not issue the qualified equity investment without reapplying to the Department for certification. Lapsed certifications revert back to the Department and must be reissued, first, pro rata to other applicants whose qualified equity investment allocations were reduced pursuant to subsection 4 and, thereafter, in accordance with requirements for submitting the application.

      Sec. 16.5. 1.  A qualified community development entity which issues qualified equity investments under this chapter shall make qualified low-income community investments in businesses located in severely distressed census tracts, on a combined basis with all of its affiliated qualified community development entities that have issued qualified equity investments under this chapter, in an amount equal to at least 30 percent of the purchase price of all qualified equity investments issued by such entities.

      2.  The Director may reduce the requirement in subsection 1 to 20 percent if the qualified community development entity uses its commercially reasonable best efforts to satisfy the requirements of subsection 1 and fails to do so within 9 months after its initial credit allowance date.

      3.  As used in this section, “severely distressed census tract” means a census tract that, in the immediately preceding census, had:

      (a) More than 30 percent of households with a household income below the federally designated level signifying poverty;

      (b) A median household income of less than 60 percent of the median household income in this State; or

      (c) A rate of unemployment that was equal to or greater than 150 percent of the national average.

      Sec. 17. Except as otherwise provided in section 18 of this act, the Department shall recapture, from the entity that claimed the credit on a return, the tax credit allowed under this chapter if:

      1.  Any amount of a federal tax credit available with respect to a qualified equity investment that is eligible for a credit under this chapter is recaptured under section 45D of the Internal Revenue Code of 1986, 26 U.S.C. § 45D.

 


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

ê2013 Statutes of Nevada, Page 3451 (Chapter 532, SB 357)ê

 

U.S.C. § 45D. In such a case, the Department’s recapture must be proportionate to the federal recapture with respect to the qualified equity investment.

      2.  The issuer redeems or makes principal repayment with respect to a qualified equity investment before the seventh anniversary of the issuance of the qualified equity investment. In such a case, the Department’s recapture must be proportionate to the amount of the redemption or repayment with respect to the qualified equity investment.

      3.  The issuer fails to invest an amount equal to 85 percent of the purchase price of the qualified equity investment in qualified low-income community investments in this State within 12 months after the issuance of the qualified equity investment and maintain at least an 85-percent level of investment in qualified low-income community investments in the State until the last credit allowance date for the qualified equity investment. For the purposes of this chapter, an investment shall be deemed held by an issuer even if the investment has been sold or repaid if the issuer reinvests an amount equal to the capital returned to or recovered by the issuer from the original investment, exclusive of any profits realized, in another qualified low-income community investment within 12 months after the receipt of such capital. An issuer is not required to reinvest capital returned from qualified low-income community investments after the earlier of:

      (a) The sixth anniversary of the issuance of the qualified equity investment, the proceeds of which were used to make the qualified low-income community investment; or

      (b) The date by which a qualified community development entity has made qualified low-income community investments with the proceeds of the qualified equity investment on a cumulative basis equal to at least 150 percent of those proceeds, in which case the qualified low-income community investment must be considered held by the issuer through the seventh anniversary of the qualified equity investment’s issuance.

      4.  At any time before the final credit allowance date of a qualified equity investment, the issuer uses the cash proceeds of the qualified equity investment to make qualified low-income community investments in any one qualified active low-income community business, including affiliated qualified active low-income community businesses, exclusive of reinvestments of capital returned or repaid with respect to earlier investments in the qualified active low-income community business and its affiliates, in excess of 25 percent of those cash proceeds.

      Sec. 18. Enforcement of each of the recapture provisions set forth in section 17 of this act is subject to a 6-month cure period. No recapture may occur until the qualified community development entity has been given notice of noncompliance and afforded 6 months after the date of the notice to cure the noncompliance.

      Sec. 19. 1.  A qualified community development entity that seeks to have an equity investment or long-term debt security designated as a qualified equity investment and eligible for tax credits under this chapter must pay a fee in the amount of 0.5 percent of the amount of the equity investment or long-term debt security requested to be designated as a qualified equity investment to the Department. The fee must be deposited in the New Markets Performance Guarantee Account, which is hereby created in the State General Fund.

 


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

ê2013 Statutes of Nevada, Page 3452 (Chapter 532, SB 357)ê

 

the New Markets Performance Guarantee Account, which is hereby created in the State General Fund. The entity forfeits the fee in its entirety if:

      (a) The qualified community development entity and its affiliates and partners which are also qualified community development entities fail to issue the total amount of qualified equity investments certified by the Department and receive cash in the total amount certified pursuant to subsection 3 of section 16 of this act; or

      (b) The qualified community development entity or any affiliate or partner which is also a qualified community development entity that issues a qualified equity investment certified under this chapter fails to meet the investment requirement specified in subsection 3 of section 17 of this act by the second credit allowance date of the qualified equity investment. Forfeiture of the fee under this paragraph is subject to the 6-month cure period established pursuant to section 18 of this act.

      2.  The fee required pursuant to subsection 1 must be paid to the Department and held in the New Markets Performance Guarantee Account until such time as compliance with the provisions of subsection 1 has been established. The qualified community development entity may request a refund of the fee from the Department no sooner than 30 days after having met all the requirements of subsection 1. The Department shall refund the fee within 30 days after such a request or being given notice of noncompliance.

      Sec. 20. 1.  The Department shall issue letter rulings regarding the tax credit program authorized under this chapter, subject to the terms and conditions set forth in this section.

      2.  The Department shall respond to a request for a letter ruling within 60 days after receipt of the request. The applicant may provide a draft letter ruling for the Department’s consideration. The applicant may withdraw the request for a letter ruling, in writing, before the issuance of the letter ruling. The Department may refuse to issue a letter ruling for good cause, but must list the specific reasons for refusing to issue the letter ruling. Good cause includes, but is not limited to:

      (a) The applicant requests the Department to determine whether a statute is constitutional or a regulation is lawful;

      (b) The request involves a hypothetical situation or alternative plans;

      (c) The facts or issues presented in the request are unclear, overbroad, insufficient or otherwise inappropriate as a basis upon which to issue a letter ruling; and

      (d) The issue is currently being considered in a rulemaking procedure, contested case, or other agency or judicial proceeding that may definitively resolve the issue.

      3.  Letter rulings bind the Department and the Department’s agents and their successors until such time as the entity or its shareholders, members or partners, as applicable, claim all the covered tax credits on a tax return or report, subject to the terms and conditions set forth in any regulations adopted by the Director pursuant to section 24 of this act. A letter ruling applies only to the applicant.

      4.  In rendering letter rulings and making other determinations under this chapter, to the extent applicable, the Department of Business and Industry and the Department of Taxation shall look for guidance to section 45D of the Internal Revenue Code of 1986, 26 U.S.C. § 45D, and the rules and regulations issued thereunder.

 


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

ê2013 Statutes of Nevada, Page 3453 (Chapter 532, SB 357)ê

 

Industry and the Department of Taxation shall look for guidance to section 45D of the Internal Revenue Code of 1986, 26 U.S.C. § 45D, and the rules and regulations issued thereunder.

      5.  For the purposes of this section, “letter ruling” means a written interpretation of law to a specific set of facts provided by the applicant requesting the ruling.

      Sec. 21. 1.  An entity claiming a credit under this chapter is not required to pay any additional retaliatory tax levied pursuant to NRS 680A.330 as a result of claiming that credit.

      2.  In addition to the exclusion in subsection 1, an entity claiming a credit under this chapter is not required to pay any other additional tax as a result of claiming that credit.

      Sec. 22. 1.  Once certified under subsection 3 of section 16 of this act, a qualified equity investment may not be decertified unless all the requirements of subsection 2 have been met. Until all qualified equity investments issued by a qualified community development entity are decertified under this section, the qualified community development entity is not entitled to distribute to its equity holders or make cash payments on long-term debt securities that have been designated as qualified equity investments in an amount that exceeds the sum of:

      (a) The cumulative operating income, as defined by regulations adopted under section 45D of the Internal Revenue Code of 1986, 26 U.S.C. § 45D, earned by the qualified community development entity since issuance of the qualified equity investment, before giving effect to any interest expense from the long-term debt securities designated as qualified equity investments; and

      (b) Fifty percent of the purchase price of the qualified equity investments issued by the qualified community development entity.

      2.  To be decertified, a qualified equity investment must:

      (a) Be beyond its seventh credit allowance date;

      (b) Have been in compliance with section 17 of this act through its seventh credit allowance date, including coming into compliance during any cure period allowed pursuant to section 18 of this act; and

      (c) Have had its proceeds invested in qualified active low-income community investments such that the total qualified active low-income community investments made, cumulatively including reinvestments, exceeds 150 percent of its qualified equity investment.

      3.  A qualified community development entity that seeks to have a qualified equity investment decertified pursuant to this section must send notice to the Department of its request for decertification together with evidence supporting the request. The provisions of paragraph (b) of subsection 2 shall be deemed to be met if no recapture action has been commenced by the Department as of the seventh credit allowance date. The Department shall respond to such a request within 30 days after receiving the request. Such a request must not be unreasonably denied. If the request is denied for any reason, the burden of proof is on the Department in any subsequent administrative or legal proceeding.

      Sec. 23.  A qualified community development entity is not entitled to pay to any affiliate of the qualified community development entity any fees in connection with any activity under this chapter before decertification pursuant to section 22 of this act of all qualified equity investments issued by the qualified community development entity. This section does not prohibit a qualified community development entity from allocating or distributing income earned by it to such affiliates or paying reasonable interest on amounts loaned to the qualified community development entity by those affiliates.

 


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

ê2013 Statutes of Nevada, Page 3454 (Chapter 532, SB 357)ê

 

prohibit a qualified community development entity from allocating or distributing income earned by it to such affiliates or paying reasonable interest on amounts loaned to the qualified community development entity by those affiliates.

      Sec. 23.5. 1.  The Director shall conduct an annual review of each qualified community development entity that has been granted an application for a qualified equity investment pursuant to section 16 of this act to ensure that:

      (a) The qualified community development entity remains in compliance with the provisions of this chapter and any regulations adopted pursuant thereto; and

      (b) Any qualified equity investment certified pursuant to section 16 of this act meets the eligibility criteria prescribed in this chapter and any regulations adopted pursuant thereto.

      2.  On June 30 of each even-numbered year, the Director shall submit a report to the Director of the Legislative Counsel Bureau for transmittal to the Legislature. The report must include, for each qualified equity investment certified pursuant to section 16 of this act:

      (a) Information on the impact of the qualified equity investment on the economy of this State, including, without limitation, the number of jobs created by the qualified equity investment; and

      (b) Proof that the qualified community development entity responsible for the qualified equity investment is in compliance with the provisions of this chapter and any regulations adopted pursuant thereto.

      Sec. 24. The Director may adopt regulations to carry out the provisions of this chapter.

      Sec. 25. To qualify as long-term debt security, a debt instrument must be issued by a qualified community development entity, at par value or a premium, with an original maturity date of at least 7 years after the date of its issuance, with no acceleration of repayment, amortization or prepayment features before its original maturity date. The qualified community development entity that issues the debt instrument must not make interest payments in the form of cash on the debt instrument during the period beginning on the date of issuance and ending on the final credit allowance date in an amount that exceeds the cumulative operating income, as defined by regulations adopted under section 45D of the Internal Revenue Code of 1986, 26 U.S.C. § 45D, of the qualified community development entity for that period before giving effect to the interest expense of the long-term debt security. This section does not limit the holder’s ability to accelerate payments on the debt instrument in situations in which the issuer has defaulted on covenants designed to ensure compliance with this chapter or section 45D of the Internal Revenue Code of 1986, 26 U.S.C. § 45D.

      Sec. 26. 1.  For the purpose of section 10 of this act, a qualified active low-income community business is limited to those businesses meeting the Small Business Administration size eligibility standards established in 13 C.F.R. §§ 121.101 to 201, inclusive, at the time the qualified low-income community investment is made. A business must be considered a qualified active low-income community business for the duration of the qualified community development entity’s investment in, or loan to, the business if the entity reasonably expects, at the time it makes the investment or loan, that the business will continue to satisfy the requirements for being a qualified active low-income community business, other than the Small Business Administration size standards, throughout the entire period of the investment or loan.

 


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

ê2013 Statutes of Nevada, Page 3455 (Chapter 532, SB 357)ê

 

requirements for being a qualified active low-income community business, other than the Small Business Administration size standards, throughout the entire period of the investment or loan.

      2.  Except as otherwise provided in this subsection, the businesses limited by this section do not include any business that derives or projects to derive 15 percent or more of its annual revenue from the rental or sale of real estate. This exclusion does not apply to a business that is controlled by, or under common control with, another business if the second business:

      (a) Does not derive or project to derive 15 percent or more of its annual revenue from the rental or sale of real estate; and

      (b) Is the primary tenant of the real estate leased from the first business.

      3.  The following businesses are not qualified active low-income community businesses:

      (a) A business that has received an abatement from taxation pursuant to NRS 274.310, 274.320, 274.330 or 360.750.

      (b) An entity that has liability for insurance premium tax on a premium tax report filed pursuant to NRS 680B.030.

      (c) A business engaged in banking or lending.

      (d) A massage parlor.

      (e) A bath house.

      (f) A tanning salon.

      (g) A country club.

      (h) A business operating under a nonrestricted license for gaming issued pursuant to NRS 463.170.

      (i) A liquor store.

      (j) A golf course.

      Sec. 27. For the purpose of section 11 of this act, a qualified community development entity is limited to an entity that has entered into, for the current year or any prior year, an allocation agreement with the Community Development Financial Institutions Fund of the United States Department of the Treasury with respect to credits authorized by section 45D of the Internal Revenue Code of 1986, 26 U.S.C. § 45D, which includes the State of Nevada within the service area set forth in the allocation agreement. Such an entity also includes any:

      1.  Affiliated qualified community development entities of any such qualified community development entity; and

      2.  Partners of any such qualified community development entity which are also qualified community development entities, regardless of whether any such partner has entered into an allocation agreement with the Community Development Financial Institutions Fund of the United States Department of the Treasury with respect to credits authorized by section 45D of the Internal Revenue Code of 1986, 26 U.S.C. § 45D.

      Sec. 27.1. Chapter 680B of NRS is hereby amended by adding thereto a new section to read as follows:

      Each insurer that makes a qualified equity investment, as defined in section 12 of this act, or is allocated a credit pursuant to section 15 of this act is entitled to a credit against the premium tax in the manner provided in section 14 of this act.

 


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

ê2013 Statutes of Nevada, Page 3456 (Chapter 532, SB 357)ê

 

      Sec. 27.2. NRS 680B.025 is hereby amended to read as follows:

      680B.025  For the purposes of NRS 680B.025 to 680B.039, inclusive [:] , and section 27.1 of this act:

      1.  “Total income derived from direct premiums written”:

      (a) Does not include premiums written or considerations received from life insurance policies or annuity contracts issued in connection with the funding of a pension, annuity or profit-sharing plan qualified or exempt pursuant to sections 401, 403, 404, 408, 457 or 501 of the United States Internal Revenue Code as renumbered from time to time.

      (b) Does not include payments received by an insurer from the Secretary of Health and Human Services pursuant to a contract entered into pursuant to section 1876 of the Social Security Act, 42 U.S.C. § 1395mm.

      (c) As to title insurance, consists of the total amount charged by the company for the sale of policies of title insurance.

      2.  Money accepted by a life insurer pursuant to an agreement which provides for an accumulation of money to purchase annuities at future dates may be considered as “total income derived from direct premiums written” either upon receipt or upon the actual application of the money to the purchase of annuities, but any interest credited to money accumulated while under the latter alternative must also be included in “total income derived from direct premiums written,” and any money taxed upon receipt, including any interest later credited thereto, is not subject to taxation upon the purchase of annuities. Each life insurer shall signify on its return covering premiums for the calendar year 1971 or for the first calendar year it transacts business in this State, whichever is later, its election between those two alternatives. Thereafter an insurer shall not change his or her election without the consent of the Commissioner. Any such money taxed as “total income derived from direct premiums written” is, in the event of withdrawal of the money before its actual application to the purchase of annuities, eligible to be included as “return premiums” pursuant to the provisions of NRS 680B.030.

      Sec. 27.3. NRS 680B.039 is hereby amended to read as follows:

      680B.039  Any insurer that fails to file the report or pay the tax as required by NRS 680B.025 to 680B.039, inclusive, and section 27.1 of this act, within the time for filing and payment as provided in those sections shall in addition to any other applicable penalty pay a penalty of not more than 10 percent of the amount of the tax which is owed, as determined by the Department of Taxation, in addition to the tax, plus interest at the rate of 1.5 percent per month, or fraction of a month, from the date on which the tax should have been paid until the date of payment.

      Sec. 27.4. NRS 680B.0395 is hereby amended to read as follows:

      680B.0395  An insurer who holds a certificate of authority as a reinsurer is exempt from the requirements of NRS 680B.025 to 680B.039, inclusive [.] , and section 27.1 of this act.

      Sec. 27.5. NRS 680B.050 is hereby amended to read as follows:

      680B.050  1.  Except as otherwise provided in this section, a domestic or foreign insurer which owns and substantially occupies and uses any building in this state as its home office or as a regional home office is entitled to the following credits against the tax otherwise imposed by NRS 680B.027:

      (a) An amount equal to 50 percent of the aggregate amount of the tax as determined under NRS 680B.025 to 680B.039, inclusive [;] , and section 27.1 of this act; and

 


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

ê2013 Statutes of Nevada, Page 3457 (Chapter 532, SB 357)ê

 

      (b) An amount equal to the full amount of ad valorem taxes paid by the insurer during the calendar year next preceding the filing of the report required by NRS 680B.030, upon the home office or regional home office together with the land, as reasonably required for the convenient use of the office, upon which the home office or regional home office is situated.

Ê These credits must not reduce the amount of tax payable to less than 20 percent of the tax otherwise payable by the insurer under NRS 680B.027.

      2.  As used in this section, a “regional home office” means an office of the insurer performing for an area covering two or more states, with a minimum of 25 employees on its office staff, the supervision, underwriting, issuing and servicing of the insurance business of the insurer.

      3.  The insurer shall, on or before March 15 of each year, furnish proof to the satisfaction of the Executive Director of the Department of Taxation, on forms furnished by or acceptable to the Executive Director, as to its entitlement to the tax reduction provided for in this section. A determination of the Executive Director of the Department of Taxation pursuant to this section is not binding upon the Commissioner for the purposes of NRS 682A.240.

      4.  An insurer is not entitled to the credits provided in this section unless:

      (a) The insurer owned the property upon which the reduction is based for the entire year for which the reduction is claimed; and

      (b) The insurer occupied at least 70 percent of the usable space in the building to transact insurance or the insurer is a general or limited partner and occupies 100 percent of its ownership interest in the building.

      5.  If two or more insurers under common ownership or management and control jointly own in equal interest, and jointly occupy and use such a home office or regional home office in this state for the conduct and administration of their respective insurance businesses as provided in this section, each of the insurers is entitled to the credits provided for by this section if otherwise qualified therefor under this section.

      Sec. 27.6. NRS 682A.080 is hereby amended to read as follows:

      682A.080  1.  An insurer may invest any of its funds in obligations other than those eligible for investment under NRS 682A.230, relating to real property mortgages, if they are issued, assumed or guaranteed by any solvent institution and are qualified under any of the following:

      (a) Obligations which are secured by adequate collateral security and bear fixed interest if, during each of any 3, including the last 2, of the 5 fiscal years next preceding the date of acquisition by the insurer, the net earnings of the issuing, assuming or guaranteeing institution available for its fixed charges, as defined in NRS 682A.090, have been not less than 1 1/2 times the total of its fixed charges for that year. In determining the adequacy of collateral security, not more than one-third of the total value of the required collateral may consist of stock other than stock meeting the requirements of NRS 682A.100, relating to preferred or guaranteed stock.

      (b) Fixed interest-bearing obligations, other than those described in paragraph (a), if the net earnings of the issuing, assuming or guaranteeing institution available for its fixed charges for a period of 5 fiscal years next preceding the date of acquisition by the insurer have averaged per year not less than 1 1/2 times its average annual fixed charges applicable to that period and if, during the last year of that period, the net earnings have been not less than 1 1/2 times its fixed charges for that year.

 


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

ê2013 Statutes of Nevada, Page 3458 (Chapter 532, SB 357)ê

 

      (c) Adjustment, income or other contingent interest obligations if the net earnings of the issuing, assuming or guaranteeing institution available for its fixed charges for a period of 5 fiscal years next preceding the date of acquisition by the insurer have averaged per year not less than 1 1/2 times the sum of its average annual fixed charges and its average annual maximum contingent interest applicable to such period and if, during each of the last 2 years of that period, the net earnings have not been less than 1 1/2 times the sum of its fixed charges and maximum contingent interest for such year.

      (d) Capital stock and other securities of:

             (1) A state development corporation organized under the provisions of chapter 670 of NRS.

             (2) A corporation for economic revitalization and diversification organized under the provisions of chapter 670A of NRS, if the insurer is a member of the corporation, and to the extent of its loan limit established under NRS 670A.200.

             (3) A qualified community development entity as defined in section 11 of this act, and to the extent in compliance with the investment limitations established pursuant to section 16 of this act.

      2.  No insurer may invest in any such bonds or evidences of indebtedness in excess of 10 percent of any issue of such bonds or evidences of indebtedness or, subject to subsection 1 of NRS 682A.050, relating to diversification, more than an amount equal to 10 percent of the insurer’s admitted assets in any issue.

      Sec. 27.7. NRS 695C.055 is hereby amended to read as follows:

      695C.055  1.  The provisions of NRS 449.465, 679A.200, 679B.700, subsections 2, 4, 18, 19 and 32 of NRS 680B.010, NRS 680B.020 to 680B.060, inclusive, and section 27.1 of this act, and chapters 686A and 695G of NRS apply to a health maintenance organization.

      2.  For the purposes of subsection 1, unless the context requires that a provision apply only to insurers, any reference in those sections to “insurer” must be replaced by “health maintenance organization.”

      Sec. 27.8. NRS 695F.090 is hereby amended to read as follows:

      695F.090  Prepaid limited health service organizations are subject to the provisions of this chapter and to the following provisions, to the extent reasonably applicable:

      1.  NRS 687B.310 to 687B.420, inclusive, concerning cancellation and nonrenewal of policies.

      2.  NRS 687B.122 to 687B.128, inclusive, concerning readability of policies.

      3.  The requirements of NRS 679B.152.

      4.  The fees imposed pursuant to NRS 449.465.

      5.  NRS 686A.010 to 686A.310, inclusive, concerning trade practices and frauds.

      6.  The assessment imposed pursuant to NRS 679B.700.

      7.  Chapter 683A of NRS.

      8.  To the extent applicable, the provisions of NRS 689B.340 to 689B.590, inclusive, and chapter 689C of NRS relating to the portability and availability of health insurance.

      9.  NRS 689A.035, 689A.410, 689A.413 and 689A.415.

      10.  NRS 680B.025 to 680B.039, inclusive, and section 27.1 of this act concerning premium tax, premium tax rate, annual report and estimated quarterly tax payments. For the purposes of this subsection, unless the context otherwise requires that a section apply only to insurers, any reference in those sections to “insurer” must be replaced by a reference to “prepaid limited health service organization.”

 


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

ê2013 Statutes of Nevada, Page 3459 (Chapter 532, SB 357)ê

 

context otherwise requires that a section apply only to insurers, any reference in those sections to “insurer” must be replaced by a reference to “prepaid limited health service organization.”

      11.  Chapter 692C of NRS, concerning holding companies.

      12.  NRS 689A.637, concerning health centers.

      Sec. 28.  Notwithstanding the provisions of section 16 of this act, the Department of Business and Industry shall begin accepting applications for certification of qualified equity investments not later than October 1, 2013.

      Sec. 29.  This act applies only to a return or premium tax report filed under title 57 originally due on or after the effective date of this act.

      Sec. 30.  This act becomes effective:

      1.  Upon passage and approval for the purpose of adopting regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and

      2.  On October 1, 2013, for all other purposes.

________

CHAPTER 533, SB 470

Senate Bill No. 470–Committee on Finance

 

CHAPTER 533

 

[Approved: June 12, 2013]

 

AN ACT relating to education; revising certain fees collected by the Administrator of the Commission on Postsecondary Education; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law authorizes the Administrator of the Commission on Postsecondary Education to collect certain fees from certain private postsecondary educational institutions. (NRS 394.540) This bill increases certain fees collected by the Administrator and imposes a new fee on such postsecondary educational institutions for approval of applications to offer an alcohol awareness program.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 394.540 is hereby amended to read as follows:

      394.540  1.  The fees imposed pursuant to this section must be collected by the Administrator and deposited in the State Treasury to the credit of the State General Fund, and no fees so collected are subject to refund.

      2.  The fees are:

      (a) For a new license.................................................................. [$1,500] $2,000

      (b) For an application by an unlicensed out-of-state educational institution to employ agents in this state or offer experiential courses............................................................................. [1,000] 1,500

      (c) For a change of ownership........................................................ [750] 1,000

      (d) For approval of an alcohol awareness program............................. 500

      (e) To add a new degree or vocational program......................................... 500

 


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

ê2013 Statutes of Nevada, Page 3460 (Chapter 533, SB 470)ê

 

      [(e)] (f) For an initial agent’s permit.......................................................... $200

      [(f)] (g) For the renewal of an agent’s permit.................................. [100] 200

      [(g)] (h) For a transcript of an academic record which is in the possession of the Administrator pursuant to NRS 394.550      5

      3.  In addition, the Administrator shall collect from each licensed postsecondary educational institution a fee of $4 for each student from which the institution has received tuition or registration fees. The institution shall collect this fee from each such student at the time of the student’s initial enrollment with the institution. On or before the first day of January, April, July and October, the institution shall transmit to the Administrator the fees collected pursuant to this subsection during the preceding quarter. The Administrator shall deposit the fees so transmitted with the State Treasurer for credit to the State General Fund.

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

________

CHAPTER 534, AB 7

Assembly Bill No. 7–Committee on Judiciary

 

CHAPTER 534

 

[Approved: June 12, 2013]

 

AN ACT relating to gaming; revising the definition of “resort hotel”; revising provisions relating to the Gaming Policy Committee; making appropriations; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law generally provides that the Nevada Gaming Commission is prohibited from approving a nonrestricted license for an establishment in a county whose population is 100,000 or more (currently Clark and Washoe Counties) unless the establishment is a resort hotel. (NRS 463.1605) Existing law defines “resort hotel” as any building or group of buildings that is maintained as and held out to the public to be a hotel where sleeping accommodations are furnished to the transient public and that has: (1) more than 200 rooms available for sleeping accommodations; (2) at least one bar with permanent seating capacity for more than 30 patrons that serves alcoholic beverages sold by the drink for consumption on the premises; (3) at least one restaurant with permanent seating capacity for more than 60 patrons that is open to the public 24 hours each day and 7 days each week; and (4) a gaming area within the building or group of buildings. (NRS 463.01865) Section 1 of this bill revises the definition of “resort hotel” to provide that in a county whose population is 100,000 or more but less than 700,000 (currently Washoe County), an establishment must have more than 300 rooms available for sleeping accommodations. Under section 3.5 of this bill, the revised definition of “resort hotel” does not apply to an establishment that holds a nonrestricted license on July 1, 2013, unless the establishment ceases gaming operations for 24 or more consecutive months.

      Existing law establishes the Gaming Policy Committee and provides for the composition and duties of the Committee. (NRS 463.021) Section 1.5 of this bill: (1) adds to the Committee a representative of academia who possesses knowledge of matters related to gaming; (2) authorizes the Governor, as Chair of the Committee, to appoint an advisory committee on gaming education; and (3) specifies the duties of the advisory committee.

      Sections 2 and 3 of this bill make appropriations to the State Gaming Control Board and the Nevada Gaming Commission for various travel, staffing and operating costs.

 


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

ê2013 Statutes of Nevada, Page 3461 (Chapter 534, AB 7)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 463.01865 is hereby amended to read as follows:

      463.01865  “Resort hotel” means any building or group of buildings that is maintained as and held out to the public to be a hotel where sleeping accommodations are furnished to the transient public and that has:

      1.  [More] In a county whose population:

      (a) Is 700,000 or more, more than 200 rooms available for sleeping accommodations; or

      (b) Is 100,000 or more and less than 700,000, more than 300 rooms available for sleeping accommodations;

      2.  At least one bar with permanent seating capacity for more than 30 patrons that serves alcoholic beverages sold by the drink for consumption on the premises;

      3.  At least one restaurant with permanent seating capacity for more than 60 patrons that is open to the public 24 hours each day and 7 days each week; and

      4.  A gaming area within the building or group of buildings.

      Sec. 1.5. NRS 463.021 is hereby amended to read as follows:

      463.021  1.  The Gaming Policy Committee, consisting of the Governor as Chair and [10] 11 members, is hereby created.

      2.  The Committee must be composed of:

      (a) One member of the Commission, designated by the Chair of the Commission;

      (b) One member of the Board, designated by the Chair of the Board;

      (c) One member of the Senate appointed by the Legislative Commission;

      (d) One member of the Assembly appointed by the Legislative Commission;

      (e) One enrolled member of a Nevada Indian tribe appointed by the Inter-Tribal Council of Nevada, Inc.; and

      (f) [Five] Six members appointed by the Governor for terms of 2 years as follows:

             (1) Two representatives of the general public;

             (2) Two representatives of nonrestricted gaming licensees; [and]

             (3) One representative of restricted gaming licensees [.] ; and

             (4) One representative of academia who possesses knowledge of matters related to gaming.

      3.  Members who are appointed by the Governor serve at the pleasure of the Governor.

      4.  Members who are Legislators serve terms beginning when the Legislature convenes and continuing until the next regular session of the Legislature is convened.

      5.  Except as otherwise provided in subsection 6, the Governor may call meetings of the Gaming Policy Committee for the exclusive purpose of discussing matters of gaming policy. The recommendations concerning gaming policy made by the Committee pursuant to this subsection are advisory and not binding on the Board or the Commission in the performance of their duties and functions.

 


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

ê2013 Statutes of Nevada, Page 3462 (Chapter 534, AB 7)ê

 

      6.  An appeal filed pursuant to NRS 463.3088 may be considered only by a Review Panel of the Committee. The Review Panel must consist of the members of the Committee who are identified in paragraphs (a), (b) and (e) of subsection 2 and subparagraph (1) of paragraph (f) of subsection 2.

      7.  The Governor, as Chair of the Committee, may appoint an advisory committee on gaming education. An advisory committee appointed pursuant to this subsection must:

      (a) Contain not more than five members who serve at the pleasure of the Governor; and

      (b) Be chaired by the person selected as chair by the Governor.

      8.  An advisory committee created pursuant to subsection 7 shall:

      (a) Review and evaluate all gaming-related educational entities in this State, including, without limitation, the Culinary Academy of Las Vegas, the Institute for the Study of Gambling and Commercial Gaming of the University of Nevada, Reno, and the UNLV International Gaming Institute of the William F. Harrah College of Hotel Administration of the University of Nevada, Las Vegas, to determine how to align such entities with the needs of the gaming industry;

      (b) Study and analyze the workforce and technology needs of the gaming industry to determine how the gaming-related educational entities may satisfy those needs;

      (c) Study the potential for leveraging gaming-related competencies and technologies developed by gaming-related educational entities into other industries; and

      (d) Report any findings and recommendations to the Committee.

      Sec. 2.  1.  There is hereby appropriated from the State General Fund to the State Gaming Control Board the following sums for travel and operating costs:

For the Fiscal Year 2013-2014............................................................ $15,208

For the Fiscal Year 2014-2015............................................................ $15,208

      2.  Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the State Gaming Control Board or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 19, 2014, and September 18, 2015, respectively, by either the State Gaming Control Board or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 19, 2014, and September 18, 2015, respectively.

      Sec. 3.  1.  There is hereby appropriated from the State General Fund to the Nevada Gaming Commission the following sums for staffing and operating costs:

For the Fiscal Year 2013-2014............................................................ $54,673

For the Fiscal Year 2014-2015............................................................ $55,083

      2.  Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the Nevada Gaming Commission or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 19, 2014, and September 18, 2015, respectively, by either the Nevada Gaming Commission or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 19, 2014, and September 18, 2015, respectively.

 


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

ê2013 Statutes of Nevada, Page 3463 (Chapter 534, AB 7)ê

 

Commission or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 19, 2014, and September 18, 2015, respectively.

      Sec. 3.5.  The amendatory provisions of section 1 of this act do not apply to an establishment that holds a nonrestricted license on July 1, 2013, unless the establishment ceases gaming operations for 24 or more consecutive months.

      Sec. 4.  1.  This section and sections 1, 2, 3 and 3.5 of this act become effective on July 1, 2013.

      2.  Section 1.5 of this act becomes effective on October 1, 2013.

________

CHAPTER 535, AB 74

Assembly Bill No. 74–Assemblywoman Flores

 

CHAPTER 535

 

[Approved: June 12, 2013]

 

AN ACT relating to public affairs; requiring that document preparation services be registered with the Secretary of State; establishing qualifications for registration; requiring the filing of a bond; regulating the business practices of document preparation services; authorizing disciplinary action and other remedies in specified circumstances; providing civil and criminal penalties; revising provisions relating to the Notary Public Training Account in the State General Fund; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law prohibits a person who is not an active member of the State Bar of Nevada or otherwise authorized to practice law in this State from engaging in the practice of law. (NRS 7.285) However, so long as he or she does not engage in the practice of law, there is currently no statutory provision governing a person who provides assistance in a legal matter, for compensation, to another person who is acting without the assistance of an attorney. This bill generally provides that any person engaged in the business of providing such assistance (a “document preparation service”) must register with the Secretary of State and comply with various additional requirements set forth in this bill.

      Section 4 of this bill defines a “document preparation service” as any person who, for compensation and at the direction of a client, provides assistance to the client in a legal matter, including, without limitation, preparing or completing a pleading or other document for the client or securing supporting documents. Section 4 excludes from this definition, among others: (1) an attorney authorized to practice law in this State, or an employee of such an attorney who is paid directly by the attorney or law firm with whom the attorney is associated and who is acting in the course and scope of that employment; (2) a governmental entity or an employee of such an entity; (3) a nonprofit, tax-exempt organization which provides legal services to persons free of charge; (4) certain legal aid offices and lawyer referral services; (5) a person who provides certain services regulated by federal law; (6) a corporation or other entity representing or acting for itself through an officer or employee, or any such officer or employee; (7) a commercial wedding chapel; (8) a person who provides legal forms or computer programs that enable another person to create legal documents; and (9) a commercial registered agent.

 


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

ê2013 Statutes of Nevada, Page 3464 (Chapter 535, AB 74)ê

 

      Section 5 of this bill broadly defines “legal matter” to mean the preparation of any will or trust, any immigration or citizenship proceeding, or any other proceeding, filing or action affecting the legal rights, duties, obligations or liabilities of a person.

      Sections 7 and 8 of this bill provide that any person wishing to engage in the business of a document preparation service must register with the Secretary of State and renew that registration annually. Section 7 establishes certain qualifications for registration and provides for the disqualification of any person who has been convicted of certain criminal offenses or has been adjudged to have engaged in certain kinds of misconduct.

      Section 9 of this bill requires a document preparation service to file and maintain with the Secretary of State a cash bond or surety bond, to provide a means of indemnifying a client or other person for damage caused by fraud, incompetency or certain other misconduct, or providing payment to the Secretary of State for any civil penalty or award of attorney’s fees or costs made against the document preparation service.

      Sections 12-15 of this bill impose various requirements relating to advertising and the establishment of the relationship between a document preparation service and a client. Section 13.5 requires: (1) a registrant required to obtain a state business license to obtain and maintain a state business license; and (2) each registrant to conspicuously display at the registrant’s place of business a copy of any state and local business license issued to the registrant or the registrant’s employer. Section 15 provides that: (1) there must be a written contract between the client and the document preparation service; and (2) the contract must contain certain terms and disclosures.

      Sections 16-20 of this bill set forth various required and prohibited practices applicable to a document preparation service. Section 17 provides for the return to the client of any original documents provided by the client. Section 18 requires the release of a client’s file to any law enforcement agency on demand, with the authorization of the client. Section 19 imposes certain requirements relating to payments made by a client for services rendered by a document preparation service.

      Section 21 of this bill authorizes the Secretary of State to adopt regulations to carry out the provisions of this bill, and also requires the Secretary of State to take certain actions to facilitate the submission of complaints relating to a document preparation service.

      Section 22 of this bill authorizes the Secretary of State to investigate any suspected violation of the provisions of the bill. If a violation is found, the Secretary of State may: (1) issue a cease-and-desist order; (2) initiate disciplinary proceedings; (3) refer the matter to the Attorney General or a district attorney for the commencement of a civil action or criminal prosecution; or (4) take any combination of these actions. Pursuant to section 25 of this bill, a willful violation of any of the provisions of this bill, or of a regulation or order of the Secretary of State, is a misdemeanor except that a second or subsequent offense occurring within 5 years is a gross misdemeanor. In addition, section 26 of this bill provides a private right of action to any person who suffers a pecuniary loss as the result of a violation.

      Existing law authorizes the Secretary of State to provide courses of study for notaries public, and to charge a fee for such instruction. The fees collected are deposited in the Notary Public Training Account in the State General Fund. (NRS 240.018) Section 27.5 of this bill requires the Secretary of State annually to reconcile the fees received and the expenses related to administering the training of notaries, and deposit any excess fees with the State Treasurer for credit to the State General Fund.

 


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

ê2013 Statutes of Nevada, Page 3465 (Chapter 535, AB 74)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. Title 19 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 27, inclusive, of this act.

      Sec. 2. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 3 to 6, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 3. “Client” means a person who:

      1.  Represents or otherwise acts for himself or herself in a legal matter without the services of an attorney authorized to practice law in this State; and

      2.  Receives the services of a document preparation service in that legal matter or enters into a contract with a document preparation service to receive such services.

      Sec. 4. 1.  “Document preparation service” means a person who:

      (a) For compensation and at the direction of a client, provides assistance to the client in a legal matter, including, without limitation:

             (1) Preparing or completing any pleading, application or other document for the client;

             (2) Translating an answer to a question posed in such a document;

             (3) Securing any supporting document, such as a birth certificate, required in connection with the legal matter; or

             (4) Submitting a completed document on behalf of the client to a court or administrative agency; or

      (b) Holds himself or herself out as a person who provides such services.

      2.  The term does not include:

      (a) A person who provides only secretarial or receptionist services.

      (b) An attorney authorized to practice law in this State, or an employee of such an attorney who is paid directly by the attorney or law firm with whom the attorney is associated and who is acting in the course and scope of that employment.

      (c) A law student certified by the State Bar of Nevada for training in the practice of law.

      (d) A governmental entity or an employee of such an entity who is acting in the course and scope of that employment.

      (e) A nonprofit organization which qualifies as a tax-exempt organization pursuant to 26 U.S.C. § 501(c) and which provides legal services to persons free of charge, or an employee of such an organization who is acting in the course and scope of that employment.

      (f) A legal aid office or lawyer referral service operated, sponsored or approved by a duly accredited law school, a governmental entity, the State Bar of Nevada or any other bar association which is representative of the general bar of the geographical area in which the bar association exists, or an employee of such an office or service who is acting in the course and scope of that employment.

      (g) A military legal assistance office or a person assigned to such an office who is acting in the course and scope of that assignment.

 


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

ê2013 Statutes of Nevada, Page 3466 (Chapter 535, AB 74)ê

 

      (h) A person licensed by or registered with an agency or entity of the United States Government acting within the scope of his or her license or registration, including, without limitation, an accredited immigration representative and an enrolled agent authorized to practice before the Internal Revenue Service, but not including a bankruptcy petition preparer as defined by section 110 of the United States Bankruptcy Code, 11 U.S.C. § 110.

      (i) A corporation, limited-liability company or other entity representing or acting for itself through an officer, manager, member or employee of the entity, or any such officer, manager, member or employee who is acting in the course and scope of that employment.

      (j) A commercial wedding chapel.

      (k) A person who provides legal forms or computer programs that enable another person to create legal documents.

      (l) A commercial registered agent.

      (m) A person who holds a license, permit, certificate, registration or any other type of authorization required by chapter 645 or 692A of NRS, or any regulation adopted pursuant thereto, and is acting within the scope of that authorization.

      3.  As used in this section:

      (a) “Commercial registered agent” has the meaning ascribed to it in NRS 77.040.

      (b) “Commercial wedding chapel” means a permanently affixed structure which operates a business principally for the performance of weddings and which is licensed for that purpose.

      Sec. 5. “Legal matter” means:

      1.  The preparation of any will or trust;

      2.  Any proceeding, filing or action affecting the immigration or citizenship status of a person and arising under:

      (a) Immigration and naturalization law;

      (b) An executive order or presidential proclamation; or

      (c) An action of the United States Citizenship and Immigration Services of the Department of Homeland Security, the United States Department of State or the United States Department of Labor; or

      3.  Any proceeding, filing or action otherwise affecting the legal rights, duties, obligations or liabilities of a person.

      Sec. 6. “Registrant” means a document preparation service registered pursuant to this chapter.

      Sec. 7. 1.  A person who wishes to engage in the business of a document preparation service must be registered by the Secretary of State pursuant to this chapter. An applicant for registration must be a citizen or legal resident of the United States and at least 18 years of age.

      2.  The Secretary of State shall not register as a document preparation service any person:

      (a) Who is suspended or has previously been disbarred from the practice of law in any jurisdiction;

      (b) Whose registration as a document preparation service has previously been revoked by the Secretary of State;

      (c) Who has previously been convicted of a gross misdemeanor pursuant to paragraph (b) of subsection 1 of section 25 of this act; or

      (d) Who has, within the 10 years immediately preceding the date of the application for registration as a document preparation service, been:

 


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

ê2013 Statutes of Nevada, Page 3467 (Chapter 535, AB 74)ê

 

             (1) Convicted of a crime involving theft, fraud or dishonesty;

             (2) Convicted of the unauthorized practice of law pursuant to NRS 7.285 or the corresponding statute of any other jurisdiction; or

             (3) Adjudged by the final judgment of any court to have committed an act involving theft, fraud or dishonesty.

      3.  An application for registration as a document preparation service must be made under penalty of perjury on a form prescribed by regulation of the Secretary of State and must be accompanied by a cash bond or surety bond meeting the requirements of section 9 of this act.

      4.  After the investigation of the history of the applicant is completed, the Secretary of State shall issue a certificate of registration if the applicant is qualified for registration and has complied with the requirements of this section. Each certificate of registration must bear the name of the registrant and a registration number unique to that registrant. The Secretary of State shall maintain a record of the name and registration number of each registrant.

      Sec. 8. 1.  The registration of a document preparation service is valid for 1 year after the date of issuance of the certificate of registration, unless the registration is suspended or revoked. Except as otherwise provided in this section, the registration may be renewed subject to the same conditions as the initial registration. An application for renewal must be made under penalty of perjury on a form prescribed by regulation of the Secretary of State and must be accompanied by a cash bond or surety bond meeting the requirements of section 9 of this act, unless the bond previously filed by the registrant remains on file and in effect.

      2.  The Secretary of State may:

      (a) Conduct any investigation of a registrant that the Secretary of State deems appropriate.

      (b) Require a registrant to submit a complete set of fingerprints and written permission authorizing the Secretary of State to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.

      3.  After any investigation of the history of a registrant is completed, unless the Secretary of State elects or is required to deny renewal pursuant to this section or section 23 of this act, the Secretary of State shall renew the registration if the registrant is qualified for registration and has complied with the requirements of this section.

      Sec. 9. 1.  A registrant shall file with the Secretary of State a cash bond or surety bond in the penal sum of $50,000 which is approved as to form by the Attorney General and conditioned to provide:

      (a) Indemnification to a client or any other person who is determined in an action or proceeding to have suffered damage as a result of:

             (1) An act or omission of the registrant, or an agent or employee of the registrant, which violates a provision of this chapter or a regulation or order adopted or issued pursuant thereto;

             (2) A wrongful failure or refusal by the registrant, or an agent or employee of the registrant, to provide services in accordance with a contract entered into pursuant to section 15 of this act;

             (3) The fraud, dishonesty, negligence or other wrongful conduct of the registrant or an agent or employee of the registrant; or

 


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

ê2013 Statutes of Nevada, Page 3468 (Chapter 535, AB 74)ê

 

             (4) An act or omission of the registrant in violation of any other federal or state law for which the return of fees, an award of damages or the imposition of sanctions have been awarded by a court of competent jurisdiction in this State; or

      (b) Payment to the Secretary of State for any civil penalty or award of attorney’s fees or costs of suit owing and unpaid by the registrant to the Secretary of State pursuant to this chapter.

      2.  No part of the bond may be withdrawn while the registration of the registrant remains in effect, or while a proceeding to suspend or revoke the registration is pending.

      3.  If a surety bond is filed pursuant to subsection 1:

      (a) The bond must be executed by the registrant as principal and by a surety company qualified and authorized to do business in this State.

      (b) The bond must cover the period of the registration of the registrant, except when the surety is released in accordance with this section.

      (c) The surety shall pay any final, nonappealable judgment of a court of this State that has jurisdiction, upon receipt of written notice that the judgment is final.

      (d) The bond may be continuous, but regardless of the duration of the bond, the aggregate liability of the surety does not exceed the penal sum of the bond.

      (e) If the penal sum of the bond is exhausted, the surety shall give written notice to the Secretary of State and the registrant within 30 days after its exhaustion.

      (f) The surety may be released after giving 30 days’ written notice to the Secretary of State and the registrant, but the release does not discharge or otherwise affect any claim resulting from an act or omission which is alleged to have occurred while the bond was in effect.

      4.  Except as otherwise provided in this subsection, if a cash bond is filed pursuant to subsection 1, the Secretary of State may retain the bond until the expiration of 3 years after the date the registrant has ceased to do business, or 3 years after the date of the expiration or revocation of the registration, to ensure that there are no outstanding claims against the bond. A court of competent jurisdiction may order the return of the bond, or any part of the bond, at an earlier date upon evidence satisfactory to the court that there are no outstanding claims against the bond or that the part of the bond retained by the Secretary of State is sufficient to satisfy any outstanding claims. Interest on a cash bond filed pursuant to subsection 1 must accrue to the account of the depositor.

      5.  The registration of a registrant is suspended by operation of law when the registrant is no longer covered by a bond or the penal sum of the bond is exhausted. If the Secretary of State receives notice pursuant to subsection 3 that the penal sum of a surety bond is exhausted or that the surety is being released, the Secretary of State shall immediately notify the registrant in writing that his or her registration is suspended by operation of law until another bond is filed in the same manner and amount as the former bond.

      6.  The Secretary of State may reinstate the registration of a registrant whose registration has been suspended pursuant to subsection 5 if, before the current term of the registration expires, the registrant files with the Secretary of State a new bond meeting the requirements of this section.

 


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

ê2013 Statutes of Nevada, Page 3469 (Chapter 535, AB 74)ê

 

      7.  Except as specifically authorized or required by this chapter, a registrant shall not make or cause to be made any oral or written reference to the registrant’s compliance with the requirements of this section.

      Sec. 10. 1.  In addition to any other requirements set forth in this chapter:

      (a) A natural person who applies for registration or the renewal of registration as a document preparation service pursuant to section 7 or 8 of this act must include the social security number of the applicant in the application submitted to the Secretary of State.

      (b) An applicant described in paragraph (a) shall submit to the Secretary of State the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

      2.  The Secretary of State shall include the statement required pursuant to subsection 1 in:

      (a) The application or any other forms that must be submitted for registration or the renewal of registration; or

      (b) A separate form prescribed by the Secretary of State.

      3.  Registration as a document preparation service may not be issued or renewed by the Secretary of State if the applicant:

      (a) Fails to submit the statement required pursuant to subsection 1; or

      (b) Indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.

      4.  If an applicant indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Secretary of State shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

      Sec. 11. 1.  If the Secretary of State receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a natural person who is registered as a document preparation service, the Secretary of State shall deem the registration to be suspended at the end of the 30th day after the date on which the court order was issued unless the Secretary of State receives a letter issued to the registrant by the district attorney or other public agency pursuant to NRS 425.550 stating that the registrant has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      2.  The Secretary of State shall reinstate a registration as a document preparation service that has been suspended by a district court pursuant to NRS 425.540 if the Secretary of State receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the natural person whose registration was suspended stating that the person whose registration was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

 


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

ê2013 Statutes of Nevada, Page 3470 (Chapter 535, AB 74)ê

 

      Sec. 12.  1.  Any advertisement for the services of a registrant which the registrant disseminates or causes to be disseminated must include a clear and conspicuous statement that the registrant is not an attorney authorized to practice in this State and is prohibited from providing legal advice or legal representation to any person.

      2.  The statement required by subsection 1 to be included in an advertisement must:

      (a) Be in the same language as the rest of the advertisement; and

      (b) Be in the form prescribed by regulation of the Secretary of State.

      3.  A person shall not disseminate or cause to be disseminated any advertisement or other statement that he or she is engaged in the business of a document preparation service in this State unless he or she has complied with all the applicable requirements of this chapter.

      Sec. 13. 1.  Each registrant shall display conspicuously in his or her place of business a copy of his or her certificate of registration and a written notice meeting the requirements of this section.

      2.  The notice must:

      (a) Be not less than 12 by 20 inches in size, and each character of text in the notice must be not less than 1 inch in height and 1 inch in width.

      (b) Be written in English and in each other language in which the registrant transacts business with the registrant’s clients.

      (c) Contain a statement that the registrant is not an attorney authorized to practice in this State and is prohibited from providing legal advice or legal representation to any person.

      (d) Contain the full name of the registrant or, if more than one registrant is providing services at that place of business, the full name of each such registrant.

      (e) Contain a list of the services provided by the registrant and the fee charged for each such service.

      (f) Contain a statement that the registrant has filed with the Secretary of State a cash bond or surety bond, stating the amount and any identifying number of the bond.

      Sec. 13.5. 1.  A registrant required to obtain a state business license issued by the Secretary of State pursuant to chapter 76 of NRS shall:

      (a) Obtain a state business license before offering a document preparation service; and

      (b) Maintain a state business license during the period of the registrant’s registration as a document preparation service.

      2.  Each registrant shall display conspicuously in the registrant’s place of business a copy of:

      (a) The state business license issued to the registrant or the registrant’s employer, as applicable, by the Secretary of State pursuant to chapter 76 of NRS; and

      (b) Any business license issued to the registrant or the registrant’s employer, as applicable, by a local government in this State.

      Sec. 14. 1.  Before providing any services to a client or presenting a client with the contract required by section 15 of this act, a registrant must:

      (a) Furnish the client with a written form of disclosure meeting the requirements of this section, with a copy for the client to retain; and

      (b) Require the client to read and sign the disclosure, acknowledging that the client has read and understands it.

 


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

ê2013 Statutes of Nevada, Page 3471 (Chapter 535, AB 74)ê

 

      2.  The disclosure must be written in English and, if different, the language in which the registrant transacts business with the client and must include:

      (a) The full name, business address and telephone number and registration number of the registrant.

      (b) The name and business address of the registrant’s agent for service of process, if any, in this State.

      (c) A statement that the registrant is not an attorney authorized to practice in this State and is prohibited from providing legal advice or legal representation to any person.

      (d) Unless the registrant is an attorney licensed to practice in another state or other jurisdiction, a statement that any communication between the client and the registrant is not protected from disclosure by any privilege.

      (e) A statement that the registrant has posted or filed with the Secretary of State a cash bond or surety bond, stating the amount of the bond and any identifying number of the bond.

      (f) The expiration date of:

             (1) The state business license issued to the registrant or the registrant’s employer, as applicable, by the Secretary of State pursuant to chapter 76 of NRS; and

             (2) Any business license issued to the registrant or the registrant’s employer, as applicable, by a local government in this State.

      Sec. 15.  1.  Before a registrant provides any services to a client, the registrant and the client must enter into a written contract meeting the requirements of this section. The registrant shall provide the client with a copy of the contract.

      2.  The contract must:

      (a) Be written in English and, if different, in the language in which the registrant transacts business with the client, and be printed or typewritten in not less than 12-point type.

      (b) Explain the services to be performed by the registrant and state the total price to be paid by the client for all such services.

      (c) With respect to any document to be prepared by the registrant:

             (1) State the estimated date by which the document is to be completed;

             (2) Identify the court or agency with which the document is to be filed or submitted; and

             (3) If applicable, identify any associated deadlines or hearing dates of the court or agency with which the document is to be filed or submitted.

      (d) Include on the first page of the contract a statement in boldface type that the registrant is not an attorney authorized to practice in this State and is prohibited from providing legal advice or legal representation to any person.

      (e) Include a statement that any complaint concerning the registrant may be directed to:

             (1) If the complaint involves an alleged violation of this chapter, the Secretary of State; or

             (2) If the complaint involves an allegation that the registrant is engaged in the unauthorized practice of law, the office of Bar Counsel of the State Bar of Nevada,

Ê with the toll-free telephone number and Internet address for making the complaint.

 


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

ê2013 Statutes of Nevada, Page 3472 (Chapter 535, AB 74)ê

 

      (f) State the date of the client’s signature on the contract, if the client agrees to the terms of the contract.

      3.  A contract between a registrant and a client that does not comply with any requirement of this section is voidable by the client.

      Sec. 16. Any document prepared for a client by a registrant must include, below any required signature of the client, the name, business address and telephone number and registration number of the registrant.

      Sec. 17. 1.  A registrant shall take reasonable measures to safeguard from loss or damage any document provided to the registrant by a client in connection with services rendered by the registrant.

      2.  Except as otherwise provided in subsection 3, a registrant shall immediately return to a client any original document provided by the client:

      (a) Upon the request of the client;

      (b) If the contract required by section 15 of this act is not signed or is cancelled for any reason; or

      (c) If the document is no longer needed for the services rendered by the registrant.

      3.  If a copy of any original document provided by a client is sufficient for the purposes of a legal matter, the registrant shall make or cause to be made a copy of the original document and immediately return the original to the client.

      4.  The duties of a registrant pursuant to this section are not affected by a dispute existing between the registrant and the client over the registrant’s fees or costs.

      Sec. 18. 1.  Upon the presentation to a registrant of a written form of authorization signed by a client, the registrant shall provide a complete copy of the client’s file to an agent or employee of the Secretary of State or the Attorney General, or to an agent or employee of a law enforcement agency, without the necessity of a warrant or subpoena.

      2.  A registrant shall retain a copy of any document prepared for a client for not less than 3 years after the date of the last service performed for the client. At the end of that period, unless the client requests that the document be given to the client, the document may be destroyed by the registrant. Any method of destruction used by a registrant must ensure the complete and confidential destruction of the document.

      Sec. 19.  A registrant shall provide a signed receipt to a client for each payment made to the registrant by the client. The receipt must be printed or typewritten on the letterhead of the registrant and must include the name, business address and telephone number, registration number and taxpayer identification number of the registrant.

      Sec. 20. A registrant shall not:

      1.  After the date of the last service performed for a client, retain any fees or costs for services not performed or costs not incurred.

      2.  Make, orally or in writing:

      (a) A promise of the result to be obtained by the filing or submission of any document, unless the registrant has some basis in fact for making the promise;

      (b) A statement that the registrant has some special influence with or is able to obtain special treatment from the court or agency with which a document is to be filed or submitted; or

 


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

ê2013 Statutes of Nevada, Page 3473 (Chapter 535, AB 74)ê

 

      (c) A false or misleading statement to a client if the registrant knows that the statement is false or misleading or knows that the registrant lacks a sufficient basis for making the statement.

      3.  In any advertisement or written description of the registrant or the services provided by the registrant, or on any letterhead or business card of the registrant, use the term “legal aid,” “legal services,” “law office,” “notary public,” “notary,” “licensed,” “attorney,” “lawyer” or any similar term, in English or in any other language, which implies that the registrant:

      (a) Offers services without charge if the registrant does not do so; or

      (b) Is an attorney authorized to practice law in this State.

      4.  Negotiate with another person concerning the rights or responsibilities of a client, communicate the position of a client to another person or convey the position of another person to a client.

      5.  Appear on behalf of a client in a court proceeding or other formal adjudicative proceeding, unless the registrant is ordered to appear by the court or presiding officer.

      6.  Provide any advice, explanation, opinion or recommendation to a client about possible legal rights, remedies, defenses, options or the selection of documents or strategies, except that a registrant may provide to a client published factual information, written or approved by an attorney, relating to legal procedures, rights or obligations.

      7.  Seek or obtain from a client a waiver of any provision of this chapter. Any such waiver is contrary to public policy and void.

      Sec. 21. 1.  In addition to the regulations which the Secretary of State is required to adopt pursuant to this chapter, the Secretary of State may adopt any other regulations necessary to carry out the provisions of this chapter.

      2.  The Secretary of State shall:

      (a) Establish a toll-free telephone number which may be used by any person to make a complaint about a registrant or an alleged violation of this chapter.

      (b) Post on the Internet website of the Secretary of State information concerning making such a complaint, which must include the telephone number established pursuant to paragraph (a).

      Sec. 22. 1.  If the Secretary of State obtains information that a provision of this chapter or a regulation or order adopted or issued pursuant thereto has been violated by a registrant or another person, the Secretary of State may conduct or cause to be conducted an investigation of the alleged violation.

      2.  If, after investigation, the Secretary of State determines that a violation has occurred, the Secretary of State may:

      (a) Serve, by certified mail addressed to the person who has committed the violation, a written order directing the person to cease and desist from the conduct constituting the violation. The order must notify the person that any willful violation of the order may subject the person to prosecution and criminal penalties pursuant to section 25 of this act.

      (b) If a registrant has committed the violation, begin proceedings pursuant to section 23 of this act to revoke or suspend the registration of the registrant.

 


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

ê2013 Statutes of Nevada, Page 3474 (Chapter 535, AB 74)ê

 

      (c) Refer the alleged violation to the Attorney General or a district attorney for commencement of a civil action against the person pursuant to section 24 of this act.

      (d) Refer the alleged violation to the Attorney General or a district attorney for prosecution of the person pursuant to section 25 of this act.

      (e) Take any combination of the actions described in this subsection.

      Sec. 23. 1.  The Secretary of State may deny, suspend, revoke or refuse to renew the registration of any person who violates a provision of this chapter or a regulation or order adopted or issued pursuant thereto. Except as otherwise provided in subsection 2, a suspension or revocation may be imposed only after a hearing.

      2.  The Secretary of State shall immediately revoke the registration of a registrant upon the receipt of an official document or record showing:

      (a) The entry of a judgment or conviction; or

      (b) The occurrence of any other event,

Ê that would disqualify the registrant from registration pursuant to subsection 2 of section 7 of this act.

      Sec. 24. 1.  Upon referral by the Secretary of State, the Attorney General or the district attorney of the county in which the defendant resides or maintains a place of business may bring an action in the name of the State of Nevada in a court of competent jurisdiction:

      (a) For injunctive relief against any person who violates or threatens to violate a provision of this chapter or a regulation or order adopted or issued pursuant thereto;

      (b) For the recovery of a civil penalty against the defendant of not less than $100 or more than $5,000 for each such violation;

      (c) For an order directing restitution to be made by the defendant to any person who suffers pecuniary loss as a result of such a violation; or

      (d) For any combination of the remedies described in this subsection.

      2.  Any civil penalty recovered pursuant to this section must be paid to the Secretary of State and deposited in the State General Fund.

      3.  If the court determines that the State of Nevada is the prevailing party in an action brought pursuant to this section, the court shall award the State the costs of suit and reasonable attorney’s fees incurred in the action.

      Sec. 25. 1.  A person who willfully violates a provision of this chapter or a regulation or order adopted or issued pursuant thereto:

      (a) For the first offense within the immediately preceding 5 years, is guilty of a misdemeanor.

      (b) For a second or subsequent offense within the immediately preceding 5 years, is guilty of a gross misdemeanor and shall be punished by imprisonment in the county jail for not more than 1 year, or by a fine of not more than $10,000, or by both fine and imprisonment.

      2.  In addition to the penalties prescribed by subsection 1, the court may order a person described in that subsection to pay restitution to any person who has suffered a pecuniary loss as a result of the violation.

      3.  For the purposes of subsections 1 and 2, evidence that a person has been served with an order by the Secretary of State pursuant to section 22 of this act before the date of the alleged violation is evidence that the alleged violation is intentional if it involves a repetition or a continuation of conduct of the kind described in the order.

 


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

ê2013 Statutes of Nevada, Page 3475 (Chapter 535, AB 74)ê

 

      Sec. 26. Notwithstanding the provisions of sections 22 to 25, inclusive, of this act, any person who suffers a pecuniary loss as a result of a violation of this chapter or a regulation or order adopted or issued pursuant thereto by a registrant or other person may bring an action against that person in any court of competent jurisdiction and may recover the sum of $500 or twice the amount of the pecuniary loss sustained, whichever is greater. If the court determines that the plaintiff is the prevailing party in an action brought pursuant to this section, the court shall award the plaintiff the costs of suit and reasonable attorney’s fees incurred in the action.

      Sec. 27. The provisions of this chapter do not:

      1.  Authorize the practice of law by any person who is not an active member of the State Bar of Nevada or otherwise authorized to practice law in this State; or

      2.  Prohibit a person from representing or otherwise acting for himself or herself in a legal matter without the services of an attorney.

      Sec. 27.5. NRS 240.018 is hereby amended to read as follows:

      240.018  1.  The Secretary of State may:

      (a) Provide courses of study for the mandatory training of notaries public. Such courses of study must include at least 4 hours of instruction relating to the functions and duties of notaries public.

      (b) Charge a reasonable fee to each person who enrolls in a course of study for the mandatory training of notaries public.

      2.  A course of study provided pursuant to this section must comply with the regulations adopted pursuant to subsection 1 of NRS 240.017.

      3.  The following persons are required to enroll in and successfully complete a course of study provided pursuant to this section:

      (a) A person applying for appointment as a notary public for the first time.

      (b) A person renewing his or her appointment as a notary public, if the appointment has expired for a period greater than 1 year.

      (c) A person renewing his or her appointment as a notary public, if during the immediately preceding 4 years the person has been fined for failing to comply with a statute or regulation of this State relating to notaries public.

Ê A person who holds a current appointment as a notary public is not required to enroll in and successfully complete a course of study provided pursuant to this section if the person is in compliance with all of the statutes and regulations of this State relating to notaries public.

      4.  The Secretary of State shall deposit the fees collected pursuant to paragraph (b) of subsection 1 in the [following manner:

      (a) Seventy-five percent of the fees collected must be deposited in the State General Fund.

      (b) Twenty-five percent of the fees collected must be deposited in the] Notary Public Training Account which is hereby created in the State General Fund. The Account must be administered by the Secretary of State. Any interest and income earned on the money in the Account, after deducting any applicable charges, must be credited to the Account. Any money remaining in the Account at the end of a fiscal year does not revert to the State General Fund, and the balance in the Account must be carried forward. All claims against the Account must be paid as other claims against the State are paid. The money in the Account may be expended:

 


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

ê2013 Statutes of Nevada, Page 3476 (Chapter 535, AB 74)ê

 

             [(1)](a) To pay for expenses related to providing courses of study for the mandatory training of notaries public, including, without limitation, the rental of rooms and other facilities, advertising, travel and the printing and preparation of course materials; or

             [(2)](b) For any other purpose authorized by the Legislature.

      5.  At the end of each fiscal year, the Secretary of State shall reconcile the amount of the fees collected pursuant to paragraph (b) of subsection 1 and the expenses related to administering the training of notaries public pursuant to this chapter and deposit any excess fees received with the State Treasurer for credit to the State General Fund.

      Sec. 28. (Deleted by amendment.)

      Sec. 29.  1.  This act becomes effective:

      (a) Upon passage and approval for the purposes of adopting regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and

      (b) On March 1, 2014, for all other purposes.

      2.  Sections 10 and 11 of this act expire by limitation on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

      (a) Have failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or

      (b) Are in arrears in the payment for the support of one or more children,

Ê are repealed by the Congress of the United States.

________

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


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

ê2013 Statutes of Nevada, Page 3477ê

 

CHAPTER 536, AB 273

Assembly Bill No. 273–Assemblymen Eisen; and Frierson

 

CHAPTER 536

 

[Approved: June 12, 2013]

 

AN ACT relating to real property; revising provisions governing enrollment in the Foreclosure Mediation Program; revising provisions governing the payment of certain obligations during participation in the Foreclosure Mediation Program; revising provisions governing the foreclosure of liens by an association of a common-interest community; making an appropriation; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Under existing law, the trustee under a deed of trust concerning owner-occupied housing has the power to sell the property to which the deed of trust applies, subject to certain restrictions. (NRS 107.080, 107.085, 107.086) One such restriction requires the trustee under the deed of trust to include with the copy of the notice of default and election to sell which is mailed to the homeowner: (1) a notice provided by the Foreclosure Mediation Program Administrator indicating that the grantor or the person who holds the title of record has the right to seek mediation under rules adopted by the Nevada Supreme Court; and (2) a form on which a homeowner may request such mediation. Under existing law, a homeowner must elect to participate by: (1) completing and returning to the trustee a form upon which the homeowner elects to enter into mediation; and (2) paying his or her share of the fee established under the rules adopted by the Nevada Supreme Court. (NRS 107.080, 107.086)

      This bill revises provisions governing enrollment in the Foreclosure Mediation Program. Under sections 2 and 3 of this bill, a trustee under a deed of trust concerning owner-occupied housing must, in addition to including certain information concerning the Foreclosure Mediation Program with the copy of the notice of default and election which is mailed to the homeowner, send that information to the homeowner concurrently with, but separately from, the copy of the notice of default and election to sell. Section 3 further provides that a homeowner will be enrolled in the Foreclosure Mediation Program unless: (1) he or she elects to waive mediation; or (2) fails to pay his or her share of the fee established under the rules adopted by the Nevada Supreme Court. If the homeowner waives mediation, fails to pay his or her share of the fee or, if the homeowner is enrolled in the Foreclosure Mediation Program, fails to appear at a scheduled mediation, the Mediation Administrator must provide to the trustee a certificate authorizing the continuation of the process to exercise the power of sale. Section 3 also: (1) establishes deadlines by which the Mediation Administrator must provide certain information to the trustee; (2) requires the trustee to provide notice of the compliance with the Foreclosure Mediation Program to a homeowners’ association; and (3) requires a unit’s owner to pay certain obligations during participation in the Foreclosure Mediation Program.

      Section 4 of this bill prohibits a homeowners’ association from foreclosing its lien on a unit constituting owner-occupied housing while the unit’s owner is eligible to participate or is participating in the Foreclosure Mediation Program.

      Section 4.5 of this bill makes an appropriation of $100 from the State General Fund to the Account for Foreclosure Mediation to support the Foreclosure Mediation Program.

 


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

ê2013 Statutes of Nevada, Page 3478 (Chapter 536, AB 273)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. (Deleted by amendment.)

      Sec. 2. NRS 107.085 is hereby amended to read as follows:

      107.085  1.  With regard to a transfer in trust of an estate in real property to secure the performance of an obligation or the payment of a debt, the provisions of this section apply to the exercise of a power of sale pursuant to NRS 107.080 only if:

      (a) The trust agreement becomes effective on or after October 1, 2003, and, on the date the trust agreement is made, the trust agreement is subject to the provisions of § 152 of the Home Ownership and Equity Protection Act of 1994, 15 U.S.C. § 1602(bb), and the regulations adopted by the Board of Governors of the Federal Reserve System pursuant thereto, including, without limitation, 12 C.F.R. § 226.32; or

      (b) The trust agreement concerns owner-occupied housing as defined in NRS 107.086.

      2.  The trustee shall not exercise a power of sale pursuant to NRS 107.080 unless:

      (a) In the manner required by subsection 3, not later than 60 days before the date of the sale, the trustee causes to be served upon the grantor or the person who holds the title of record a notice in the form described in subsection 3; and

      (b) If an action is filed in a court of competent jurisdiction claiming an unfair lending practice in connection with the trust agreement, the date of the sale is not less than 30 days after the date the most recent such action is filed.

      3.  The notice described in subsection 2 must be:

      (a) Served upon the grantor or the person who holds the title of record:

             (1) Except as otherwise provided in subparagraph (2), by personal service or, if personal service cannot be timely effected, in such other manner as a court determines is reasonably calculated to afford notice to the grantor or the person who holds the title of record; or

             (2) If the trust agreement concerns owner-occupied housing as defined in NRS 107.086:

                   (I) By personal service;

                   (II) If the grantor or the person who holds the title of record is absent from his or her place of residence or from his or her usual place of business, by leaving a copy with a person of suitable age and discretion at either place and mailing a copy to the grantor or the person who holds the title of record at his or her place of residence or place of business; or

                   (III) If the place of residence or business cannot be ascertained, or a person of suitable age or discretion cannot be found there, by posting a copy in a conspicuous place on the trust property, delivering a copy to a person there residing if the person can be found and mailing a copy to the grantor or the person who holds the title of record at the place where the trust property is situated; and

      (b) In substantially the following form, with the applicable telephone numbers and mailing addresses provided on the notice and, except as otherwise provided in subsection 4, a copy of the promissory note attached to the notice:

 


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

ê2013 Statutes of Nevada, Page 3479 (Chapter 536, AB 273)ê

 

NOTICE

YOU ARE IN DANGER OF LOSING YOUR HOME!

 

[YOU MAY HAVE A RIGHT TO PARTICIPATE IN THE STATE OF NEVADA FORECLOSURE MEDIATION PROGRAM IF THE TIME TO REQUEST MEDIATION HAS NOT EXPIRED!]

 

Your home loan is being foreclosed. In not less than 60 days your home may be sold and you may be forced to move. For help, call:

 

[State of Nevada Foreclosure Mediation Program ________]

Consumer Credit Counseling _______________

The Attorney General __________________

The Division of Mortgage Lending _____

The Division of Financial Institutions ________________

Legal Services ______________________

Your Lender ___________________

Nevada Fair Housing Center ________________

 

      4.  The trustee shall cause all social security numbers to be redacted from the copy of the promissory note before it is attached to the notice pursuant to paragraph (b) of subsection 3.

      5.  This section does not prohibit a judicial foreclosure.

      6.  As used in this section, “unfair lending practice” means an unfair lending practice described in NRS 598D.010 to 598D.150, inclusive.

      Sec. 3. NRS 107.086 is hereby amended to read as follows:

      107.086  1.  In addition to the requirements of NRS 107.085, the exercise of the power of sale pursuant to NRS 107.080 with respect to any trust agreement which concerns owner-occupied housing is subject to the provisions of this section.

      2.  The trustee shall not exercise a power of sale pursuant to NRS 107.080 unless the trustee:

      (a) Includes with the notice of default and election to sell which is mailed to the grantor or the person who holds the title of record as required by subsection 3 of NRS 107.080:

             (1) Contact information which the grantor or the person who holds the title of record may use to reach a person with authority to negotiate a loan modification on behalf of the beneficiary of the deed of trust;

             (2) Contact information for at least one local housing counseling agency approved by the United States Department of Housing and Urban Development;

             (3) A notice provided by the Mediation Administrator indicating that the grantor or the person who holds the title of record [has the right to seek] will be enrolled to participate in mediation pursuant to this section [;] if he or she pays to the Mediation Administrator his or her share of the fee established pursuant to subsection 9; and

             (4) A form upon which the grantor or the person who holds the title of record may indicate an election [to enter into mediation or] to waive mediation pursuant to this section and one envelope addressed to the trustee and one envelope addressed to the Mediation Administrator, which the grantor or the person who holds the title of record may use to comply with the provisions of subsection 3;

 


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

ê2013 Statutes of Nevada, Page 3480 (Chapter 536, AB 273)ê

 

      (b) In addition to including the information described in paragraph (a) with the notice of default and election to sell which is mailed to the grantor or the person who holds the title of record as required by subsection 3 of NRS 107.080, provides to the grantor or the person who holds the title of record the information described in paragraph (a) concurrently with, but separately from, the notice of default and election to sell which is mailed to the grantor or the person who holds the title of record as required by subsection 3 of NRS 107.080;

      (c) Serves a copy of the notice upon the Mediation Administrator; and

      [(c)](d) Causes to be recorded in the office of the recorder of the county in which the trust property, or some part thereof, is situated:

             (1) The certificate provided to the trustee by the Mediation Administrator pursuant to subsection [3] 4 or [6] 7 which provides that no mediation is required in the matter; or

             (2) The certificate provided to the trustee by the Mediation Administrator pursuant to subsection [7] 8 which provides that mediation has been completed in the matter.

      3.  [The] If the grantor or the person who holds the title of record elects to waive mediation, he or she shall, not later than 30 days after service of the notice in the manner required by NRS 107.080, complete the form required by subparagraph (4) of paragraph (a) of subsection 2 and return the form to the trustee and the Mediation Administrator by certified mail, return receipt requested. If the grantor or the person who holds the title of record [indicates on the form an election to enter into mediation, the trustee] does not elect to waive mediation, he or she shall, not later than 30 days after the service of the notice in the manner required by NRS 107.080, pay to the Mediation Administrator his or her share of the fee established pursuant to subsection 9. Upon receipt of the share of the fee established pursuant to subsection 9 owed by the grantor or the person who holds title of record, the Mediation Administrator shall notify the [beneficiary of the deed of trust and every other person with an interest as defined in NRS 107.090,] trustee, by certified mail, return receipt requested, of the [election of the grantor or the person who holds the title of record to enter into] enrollment of the grantor or person who holds the title of record to participate in mediation pursuant to this section and [file the form with the Mediation Administrator, who] shall assign the matter to a senior justice, judge, hearing master or other designee and schedule the matter for mediation. [No] The trustee shall notify the beneficiary of the deed of trust and every other person with an interest as defined in NRS 107.090, by certified mail, return receipt requested, of the enrollment of the grantor or the person who holds the title of record to participate in mediation. If the grantor or person who holds the title of record is enrolled to participate in mediation pursuant to this section, no further action may be taken to exercise the power of sale until the completion of the mediation.

      4.  If the grantor or the person who holds the title of record indicates on the form described in subparagraph (4) of paragraph (a) of subsection 2 an election to waive mediation or fails to [return the form to the trustee] pay to the Mediation Administrator his or her share of the fee established pursuant to subsection 9, as required by [this subsection, the trustee shall execute an affidavit attesting to that fact under penalty of perjury and serve a copy of the affidavit, together with the waiver of mediation by the grantor or the person who holds the title of record, or proof of service on the grantor or the person who holds the title of record of the notice required by subsection 2 of this section and subsection 3 of NRS 107.080, upon the Mediation Administrator.

 


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

ê2013 Statutes of Nevada, Page 3481 (Chapter 536, AB 273)ê

 

the person who holds the title of record of the notice required by subsection 2 of this section and subsection 3 of NRS 107.080, upon the Mediation Administrator. Upon receipt of the affidavit and the waiver or proof of service,] subsection 3, the Mediation Administrator shall , not later than 60 days after the Mediation Administrator receives the form indicating an election to waive mediation or 90 days after the service of the notice in the manner required by NRS 107.080, whichever is earlier, provide to the trustee a certificate which provides that no mediation is required in the matter.

      [4.]5.  Each mediation required by this section must be conducted by a senior justice, judge, hearing master or other designee pursuant to the rules adopted pursuant to subsection [8.] 9. The beneficiary of the deed of trust or a representative shall attend the mediation. The grantor or [a] his or her representative , [shall attend the mediation if the grantor elected to enter into mediation,] or the person who holds the title of record or [a] his or her representative , shall attend the mediation . [if the person who holds the title of record elected to enter into mediation.] The beneficiary of the deed of trust shall bring to the mediation the original or a certified copy of the deed of trust, the mortgage note and each assignment of the deed of trust or mortgage note. If the beneficiary of the deed of trust is represented at the mediation by another person, that person must have authority to negotiate a loan modification on behalf of the beneficiary of the deed of trust or have access at all times during the mediation to a person with such authority.

      [5.]6.  If the beneficiary of the deed of trust or the representative fails to attend the mediation, fails to participate in the mediation in good faith or does not bring to the mediation each document required by subsection [4] 5 or does not have the authority or access to a person with the authority required by subsection [4,] 5, the mediator shall prepare and submit to the Mediation Administrator a petition and recommendation concerning the imposition of sanctions against the beneficiary of the deed of trust or the representative. The court may issue an order imposing such sanctions against the beneficiary of the deed of trust or the representative as the court determines appropriate, including, without limitation, requiring a loan modification in the manner determined proper by the court.

      [6.]7.  If the grantor or the person who holds the title of record [elected to enter into mediation and] is enrolled to participate in mediation pursuant to this section but fails to attend the mediation, the Mediation Administrator shall , not later than 30 days after the scheduled mediation, provide to the trustee a certificate which states that no mediation is required in the matter.

      [7.]8.  If the mediator determines that the parties, while acting in good faith, are not able to agree to a loan modification, the mediator shall prepare and submit to the Mediation Administrator a recommendation that the matter be terminated. The Mediation Administrator shall , not later than 30 days after submittal of the mediator’s recommendation that the matter be terminated, provide to the trustee a certificate which provides that the mediation required by this section has been completed in the matter.

      [8.]9.  Upon receipt of the certificate provided to the trustee by the Mediation Administrator pursuant to subsection 4, 7 or 8, if the property is located within a common-interest community, the trustee shall notify the unit-owner’s association organized under NRS 116.3101 of the existence of the certificate.

 


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

ê2013 Statutes of Nevada, Page 3482 (Chapter 536, AB 273)ê

 

      10.  During the pendency of any mediation pursuant to this section, a unit’s owner must continue to pay any obligation, other than any past due obligation.

      11.  The Supreme Court shall adopt rules necessary to carry out the provisions of this section. The rules must, without limitation, include provisions:

      (a) Designating an entity to serve as the Mediation Administrator pursuant to this section. The entities that may be so designated include, without limitation, the Administrative Office of the Courts, the district court of the county in which the property is situated or any other judicial entity.

      (b) Ensuring that mediations occur in an orderly and timely manner.

      (c) Requiring each party to a mediation to provide such information as the mediator determines necessary.

      (d) Establishing procedures to protect the mediation process from abuse and to ensure that each party to the mediation acts in good faith.

      (e) Establishing a total fee of not more than $400 that may be charged and collected by the Mediation Administrator for mediation services pursuant to this section and providing that the responsibility for payment of the fee must be shared equally by the parties to the mediation.

      [9.]12.  Except as otherwise provided in subsection [11,] 14, the provisions of this section do not apply if:

      (a) The grantor or the person who holds the title of record has surrendered the property, as evidenced by a letter confirming the surrender or delivery of the keys to the property to the trustee, the beneficiary of the deed of trust or the mortgagee, or an authorized agent thereof; or

      (b) A petition in bankruptcy has been filed with respect to the grantor or the person who holds the title of record under chapter 7, 11, 12 or 13 of Title 11 of the United States Code and the bankruptcy court has not entered an order closing or dismissing the case or granting relief from a stay of foreclosure.

      [10.]13.  A noncommercial lender is not excluded from the application of this section.

      [11.]14.  The Mediation Administrator and each mediator who acts pursuant to this section in good faith and without gross negligence are immune from civil liability for those acts.

      [12.]15.  As used in this section:

      (a) “Common-interest community” has the meaning ascribed to it in NRS 116.021.

      (b) “Mediation Administrator” means the entity so designated pursuant to subsection [8.] 11.

      [(b)](c) “Noncommercial lender” means a lender which makes a loan secured by a deed of trust on owner-occupied housing and which is not a bank, financial institution or other entity regulated pursuant to title 55 or 56 of NRS.

      [(c)](d) “Obligation” has the meaning ascribed to it in NRS 116.310313.

      (e) “Owner-occupied housing” means housing that is occupied by an owner as the owner’s primary residence. The term does not include vacant land or any time share or other property regulated under chapter 119A of NRS.

      (f) “Unit’s owner” has the meaning ascribed to it in NRS 116.095.

 


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

ê2013 Statutes of Nevada, Page 3483 (Chapter 536, AB 273)ê

 

      Sec. 4. NRS 116.31162 is hereby amended to read as follows:

      116.31162  1.  Except as otherwise provided in subsection 4 [,] and 5, in a condominium, in a planned community, in a cooperative where the owner’s interest in a unit is real estate under NRS 116.1105, or in a cooperative where the owner’s interest in a unit is personal property under NRS 116.1105 and the declaration provides that a lien may be foreclosed under NRS 116.31162 to 116.31168, inclusive, the association may foreclose its lien by sale after all of the following occur:

      (a) The association has mailed by certified or registered mail, return receipt requested, to the unit’s owner or his or her successor in interest, at his or her address, if known, and at the address of the unit, a notice of delinquent assessment which states the amount of the assessments and other sums which are due in accordance with subsection 1 of NRS 116.3116, a description of the unit against which the lien is imposed and the name of the record owner of the unit.

      (b) Not less than 30 days after mailing the notice of delinquent assessment pursuant to paragraph (a), the association or other person conducting the sale has executed and caused to be recorded, with the county recorder of the county in which the common-interest community or any part of it is situated, a notice of default and election to sell the unit to satisfy the lien which must contain the same information as the notice of delinquent assessment and which must also comply with the following:

             (1) Describe the deficiency in payment.

             (2) State the name and address of the person authorized by the association to enforce the lien by sale.

             (3) Contain, in 14-point bold type, the following warning:

 

WARNING! IF YOU FAIL TO PAY THE AMOUNT SPECIFIED IN THIS NOTICE, YOU COULD LOSE YOUR HOME, EVEN IF THE AMOUNT IS IN DISPUTE!

 

      (c) The unit’s owner or his or her successor in interest has failed to pay the amount of the lien, including costs, fees and expenses incident to its enforcement, for 90 days following the recording of the notice of default and election to sell.

      2.  The notice of default and election to sell must be signed by the person designated in the declaration or by the association for that purpose or, if no one is designated, by the president of the association.

      3.  The period of 90 days begins on the first day following:

      (a) The date on which the notice of default is recorded; or

      (b) The date on which a copy of the notice of default is mailed by certified or registered mail, return receipt requested, to the unit’s owner or his or her successor in interest at his or her address, if known, and at the address of the unit,

Ê whichever date occurs later.

      4.  The association may not foreclose a lien by sale based on a fine or penalty for a violation of the governing documents of the association unless:

      (a) The violation poses an imminent threat of causing a substantial adverse effect on the health, safety or welfare of the units’ owners or residents of the common-interest community; or

      (b) The penalty is imposed for failure to adhere to a schedule required pursuant to NRS 116.310305.

 


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

ê2013 Statutes of Nevada, Page 3484 (Chapter 536, AB 273)ê

 

      5.  The association may not foreclose a lien by sale if:

      (a) The unit is owner-occupied housing encumbered by a deed of trust;

      (b) The beneficiary under the deed of trust, the successor in interest of the beneficiary or the trustee has recorded a notice of default and election to sell with respect to the unit pursuant to subsection 2 of NRS 107.080; and

      (c) The trustee of record has not recorded the certificate provided to the trustee pursuant to subparagraph (1) or (2) of paragraph (d) of subsection 2 of NRS 107.086.

Ê As used in this subsection, “owner-occupied housing” has the meaning ascribed to it in NRS 107.086.

      Sec. 4.5.  1.  There is hereby appropriated from the State General Fund to the Account for Foreclosure Mediation created by NRS 107.080 the sum of $100 for the purpose of supporting the program of foreclosure mediation established by Supreme Court Rule.

      2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2015, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 18, 2015, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2015.

      Sec. 5.  The amendatory provisions of this act apply only with respect to trust agreements for which a notice of default and election to sell is recorded on or after October 1, 2013.

      Sec. 6.  1.  This section and section 4.5 of this act become effective on July 1, 2013.

      2.  Sections 1 to 4, inclusive, and 5 of this act become effective on October 1, 2013.

________

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


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

ê2013 Statutes of Nevada, Page 3485ê

 

CHAPTER 537, AB 287

Assembly Bill No. 287–Assemblymen Stewart, Hickey; Eisen, Hardy and Kirkpatrick

 

Joint Sponsors: Senators Hardy, Goicoechea; Hammond and Woodhouse

 

CHAPTER 537

 

[Approved: June 12, 2013]

 

AN ACT relating to mental health; authorizing the involuntary court-ordered admission of certain persons with mental illness to programs of community-based or outpatient services under certain circumstances; requiring a peace officer to take into custody and deliver a person to the appropriate location for an evaluation by an evaluation team from the Division of Mental Health and Developmental Services of the Department of Health and Human Services in certain circumstances; providing a penalty; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law prescribes the process for initiating a petition for the involuntary court-ordered admission to a mental health facility of a person who is alleged to have a mental illness. Additionally, existing law specifies that if a court finds that a person has a mental illness and is likely to harm himself or herself or others if not treated, the court must place the person in the most appropriate course of treatment. (NRS 433A.115-433A.330) This bill authorizes the court to order the involuntary admission of such a person to a program of community-based or outpatient services if such a program is an appropriate course of treatment for that person.

      Section 3 of this bill requires that: (1) a plan of treatment be developed by persons who are qualified in the field of psychiatric mental health, in consultation with the person who will receive the treatment; (2) the plan contain certain information relating to the course of treatment; and (3) the developers of the plan submit the plan to the court in writing.

      Section 3.5 of this bill sets forth the manner in which to address a person who has been involuntarily admitted to a program of community-based or outpatient services and who fails to participate in the program or otherwise fails to carry out the written plan of treatment developed for the person and submitted to the court.

      Section 4 of this bill authorizes under certain circumstances both the conditional release of a person involuntarily admitted to a program of community-based or outpatient services and the revocation of such release, and section 19 of this bill authorizes the unconditional release of such a person under certain circumstances.

      Section 12 of this bill requires the counsel for a person who is judicially admitted to a program of community-based or outpatient services to represent the person until the person is released from the program. Section 12 also requires the court to serve notice upon such counsel of any action taken involving the person.

      Section 13 of this bill sets forth the requirements for participation in a program of community-based or outpatient services, including that: (1) the person who is admitted to the program must be 18 years of age or older and have a history of noncompliance with treatment for mental illness; and (2) the court must approve the written plan of treatment which has been developed for the person and submitted to the court.

      Section 23 of this bill revises existing law which generally requires a person and his or her responsible relatives to pay for the actual cost of the treatment and services rendered during the person’s involuntary admission to a division facility to require the same for an involuntary admission to a program of community-based or outpatient services. (NRS 433A.640) Responsible relatives include only the parent or legal guardian of a minor or the husband or wife of a person. (NRS 433A.610)

 


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

ê2013 Statutes of Nevada, Page 3486 (Chapter 537, AB 287)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 433A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 4, inclusive, of this act.

      Sec. 2. “Program of community-based or outpatient services” means care, treatment and training provided to persons with mental illness, including, without limitation:

      1.  A program or service for the treatment of abuse of alcohol;

      2.  A program or service for the treatment of abuse of drugs;

      3.  A program of general education or vocational training;

      4.  A program or service that assists in the dispensing or monitoring of medication;

      5.  A program or service that provides counseling or therapy;

      6.  A service which provides screening tests to detect the presence of alcohol or drugs;

      7.  A program of supervised living; or

      8.  Any combination of programs and services for persons with mental illness.

Ê The term does not include care, treatment and training provided to residents of a mental health facility.

      Sec. 3. If a court determines pursuant to NRS 433A.310 that a person should be involuntarily admitted to a program of community-based or outpatient services, the court shall promptly cause two or more persons professionally qualified in the field of psychiatric mental health, which may include the person who filed the petition for involuntary court-ordered admission pursuant to NRS 433A.200 if he or she is so qualified, in consultation with the person to be involuntarily admitted, to develop and submit to the court a written plan prescribing a course of treatment and enumerating the program of community-based or outpatient services for the person. The plan must include, without limitation:

      1.  A description of the types of services in which the person will participate;

      2.  The medications, if any, which the person must take and the manner in which those medications will be administered;

      3.  The name of the person professionally qualified in the field of psychiatric mental health who is responsible for providing or coordinating the program of community-based or outpatient services; and

      4.  Any other requirements which the court deems necessary.

      Sec. 3.5. 1.  When a person who is involuntarily admitted to a program of community-based or outpatient services fails to participate in the program or otherwise fails to carry out the plan of treatment developed pursuant to section 3 of this act, despite efforts by the professional responsible for providing or coordinating the program of community-based or outpatient services for the person to solicit the person’s compliance, the professional may petition the court to issue an order requiring a peace officer to take into custody and deliver the person to the appropriate location for an evaluation by an evaluation team from the Division pursuant to NRS 433A.240. The petition must be accompanied by:

 


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

ê2013 Statutes of Nevada, Page 3487 (Chapter 537, AB 287)ê

 

      (a) A copy of the order for involuntary admission;

      (b) A copy of the plan of treatment submitted to the court pursuant to section 3 of this act;

      (c) A list that sets forth the specific provisions of the plan of treatment which the person has failed to carry out; and

      (d) A statement by the petitioner which explains how the person’s failure to participate in the program of community-based or outpatient services or failure to carry out the plan of treatment will likely cause the person to harm himself or herself or others.

      2.  If the court determines that there is probable cause to believe that the person is likely to harm himself or herself or others if the person does not comply with the plan of treatment, the court may issue an order requiring a peace officer to take into custody and deliver the person to an appropriate location for an evaluation by an evaluation team from the Division pursuant to NRS 433A.240.

      3.  As used in this section, “appropriate location” does not include a jail or prison.

      Sec. 4. 1.  Except as otherwise provided in subsection 3, any person involuntarily admitted to a program of community-based or outpatient services may be conditionally released from the program when, in the judgment of the professional responsible for providing or coordinating the program of community-based or outpatient services, the person does not present a danger of harm to himself or herself or others. The professional responsible for providing or coordinating the program of community-based or outpatient services shall prescribe the period for which the conditional release is effective. The period must not extend beyond the last day of the court-ordered period of admission to a program of community-based or outpatient services pursuant to NRS 433A.310.

      2.  When a person is conditionally released pursuant to subsection 1, the State of Nevada, the agents and employees of the State or a mental health facility, the professionals responsible for providing or coordinating programs of community-based or outpatient services and any other professionals providing mental health services are not liable for any debts or contractual obligations incurred, medical or otherwise, or damages caused by the actions of the person who is released.

      3.  A person who is involuntarily admitted to a program of community-based or outpatient services may be conditionally released only if, at the time of the release, written notice is given to the court which ordered the person to participate in the program, to the attorney of the person and to the district attorney of the county in which the proceedings for admission were held.

      4.  Except as otherwise provided in subsection 6, the professional responsible for providing or coordinating the program of community-based or outpatient services shall order a person who is conditionally released pursuant to subsection 1 to resume participation in the program if the professional determines that the conditional release is no longer appropriate because that person presents a clear and present danger of harm to himself or herself or others. Except as otherwise provided in this subsection, the professional responsible for providing or coordinating the program of community-based or outpatient services shall, at least 3 days before the issuance of the order to resume participation, give written notice of the order to the court that admitted the person to the program. If an emergency exists in which the person presents an imminent threat of danger of harm to himself or herself or others, the order must be submitted to the court not later than 1 business day after the order is issued.

 


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

ê2013 Statutes of Nevada, Page 3488 (Chapter 537, AB 287)ê

 

emergency exists in which the person presents an imminent threat of danger of harm to himself or herself or others, the order must be submitted to the court not later than 1 business day after the order is issued.

      5.  The court shall review an order submitted pursuant to subsection 4 and the current condition of the person who was ordered to resume participation in a program of community-based or outpatient services at the next regularly scheduled hearing for the review of petitions for involuntary admissions, but in no event later than 5 judicial days after participation in the program is resumed. The court shall serve notice on the person who was ordered to resume participation in the program and to his or her attorney of the time, date and place of the hearing and of the facts necessitating that the person resume participation in the program.

      6.  The provisions of subsection 4 do not apply if the period of conditional release has expired.

      Sec. 5. NRS 433A.011 is hereby amended to read as follows:

      433A.011  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 433A.012 to 433A.018, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.

      Sec. 6. NRS 433A.115 is hereby amended to read as follows:

      433A.115  1.  As used in NRS 433A.115 to 433A.330, inclusive, and sections 3, 3.5 and 4 of this act, unless the context otherwise requires, “person with mental illness” means any person whose capacity to exercise self-control, judgment and discretion in the conduct of the person’s affairs and social relations or to care for his or her personal needs is diminished, as a result of a mental illness, to the extent that the person presents a clear and present danger of harm to himself or herself or others, but does not include any person in whom that capacity is diminished by epilepsy, mental retardation, dementia, delirium, brief periods of intoxication caused by alcohol or drugs, or dependence upon or addiction to alcohol or drugs, unless a mental illness that can be diagnosed is also present which contributes to the diminished capacity of the person.

      2.  A person presents a clear and present danger of harm to himself or herself if, within the immediately preceding 30 days, the person has, as a result of a mental illness:

      (a) Acted in a manner from which it may reasonably be inferred that, without the care, supervision or continued assistance of others, the person will be unable to satisfy his or her need for nourishment, personal or medical care, shelter, self-protection or safety, and if there exists a reasonable probability that the person’s death, serious bodily injury or physical debilitation will occur within the next following 30 days unless he or she is admitted to a mental health facility pursuant to the provisions of NRS 433A.115 to 433A.330, inclusive, and sections 3, 3.5 and 4 of this act and adequate treatment is provided to the person;

      (b) Attempted or threatened to commit suicide or committed acts in furtherance of a threat to commit suicide, and if there exists a reasonable probability that the person will commit suicide unless he or she is admitted to a mental health facility pursuant to the provisions of NRS 433A.115 to 433A.330, inclusive, and sections 3, 3.5 and 4 of this act and adequate treatment is provided to the person; or

      (c) Mutilated himself or herself, attempted or threatened to mutilate himself or herself or committed acts in furtherance of a threat to mutilate himself or herself, and if there exists a reasonable probability that he or she will mutilate himself or herself unless the person is admitted to a mental health facility pursuant to the provisions of NRS 433A.115 to 433A.330, inclusive, and sections 3, 3.5 and 4 of this act and adequate treatment is provided to the person.

 


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

ê2013 Statutes of Nevada, Page 3489 (Chapter 537, AB 287)ê

 

himself or herself, and if there exists a reasonable probability that he or she will mutilate himself or herself unless the person is admitted to a mental health facility pursuant to the provisions of NRS 433A.115 to 433A.330, inclusive, and sections 3, 3.5 and 4 of this act and adequate treatment is provided to the person.

      3.  A person presents a clear and present danger of harm to others if, within the immediately preceding 30 days, the person has, as a result of a mental illness, inflicted or attempted to inflict serious bodily harm on any other person, or made threats to inflict harm and committed acts in furtherance of those threats, and if there exists a reasonable probability that he or she will do so again unless the person is admitted to a mental health facility pursuant to the provisions of NRS 433A.115 to 433A.330, inclusive, and sections 3, 3.5 and 4 of this act and adequate treatment is provided to him or her.

      Sec. 7. NRS 433A.130 is hereby amended to read as follows:

      433A.130  All applications and certificates for the admission of any person in the State of Nevada to a mental health facility or to a program of community-based or outpatient services under the provisions of this chapter shall be made on forms approved by the Division and the Office of the Attorney General and furnished by the clerks of the district courts in each county.

      Sec. 8. NRS 433A.150 is hereby amended to read as follows:

      433A.150  1.  Any person alleged to be a person with mental illness may, upon application pursuant to NRS 433A.160 and subject to the provisions of subsection 2, be detained in a public or private mental health facility or hospital under an emergency admission for evaluation, observation and treatment.

      2.  Except as otherwise provided in subsection 3, a person detained pursuant to subsection 1 must be released within 72 hours, including weekends and holidays, after the certificate required pursuant to NRS 433A.170 and the examination required by paragraph (a) of subsection 1 of NRS 433A.165 have been completed, if such an examination is required, or within 72 hours, including weekends and holidays, after the person arrives at the mental health facility or hospital, if an examination is not required by paragraph (a) of subsection 1 of NRS 433A.165, unless, before the close of the business day on which the 72 hours expires, a written petition for an involuntary court-ordered admission to a mental health facility is filed with the clerk of the district court pursuant to NRS 433A.200, including, without limitation, the documents required pursuant to NRS 433A.210, or the status of the person is changed to a voluntary admission.

      3.  If the period specified in subsection 2 expires on a day on which the office of the clerk of the district court is not open, the written petition must be filed on or before the close of the business day next following the expiration of that period.

      Sec. 9. NRS 433A.200 is hereby amended to read as follows:

      433A.200  1.  Except as otherwise provided in NRS 432B.6075, a proceeding for an involuntary court-ordered admission of any person in the State of Nevada may be commenced by the filing of a petition for the involuntary admission to a mental health facility or to a program of community-based or outpatient services with the clerk of the district court of the county where the person who is to be treated resides. The petition may be filed by the spouse, parent, adult children or legal guardian of the person to be treated or by any physician, psychologist, social worker or registered nurse, by an accredited agent of the Department or by any officer authorized to make arrests in the State of Nevada.

 


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

ê2013 Statutes of Nevada, Page 3490 (Chapter 537, AB 287)ê

 

be treated or by any physician, psychologist, social worker or registered nurse, by an accredited agent of the Department or by any officer authorized to make arrests in the State of Nevada. The petition must be accompanied:

      (a) By a certificate of a physician, psychiatrist or licensed psychologist stating that he or she has examined the person alleged to be a person with mental illness and has concluded that the person has a mental illness and, because of that illness, is likely to harm himself or herself or others if allowed his or her liberty [;] or if not required to participate in a program of community-based or outpatient services; or

      (b) By a sworn written statement by the petitioner that:

             (1) The petitioner has, based upon the petitioner’s personal observation of the person alleged to be a person with mental illness, probable cause to believe that the person has a mental illness and, because of that illness, is likely to harm himself or herself or others if allowed his or her liberty [;] or if not required to participate in a program of community-based or outpatient services; and

             (2) The person alleged to be a person with mental illness has refused to submit to examination or treatment by a physician, psychiatrist or licensed psychologist.

      2.  Except as otherwise provided in NRS 432B.6075, if the person to be treated is a minor and the petitioner is a person other than a parent or guardian of the minor, the petition must, in addition to the certificate or statement required by subsection 1, include a statement signed by a parent or guardian of the minor that the parent or guardian does not object to the filing of the petition.

      Sec. 10. NRS 433A.240 is hereby amended to read as follows:

      433A.240  1.  After the filing of a petition to commence proceedings for the involuntary court-ordered admission of a person pursuant to NRS 433A.200 or 433A.210, the court shall promptly cause two or more physicians or licensed psychologists, one of whom must always be a physician, to examine the person alleged to be a person with mental illness, or request an evaluation by an evaluation team from the Division of the person alleged to be a person with mental illness.

      2.  To conduct the examination of a person who is not being detained at a mental health facility or hospital under emergency admission pursuant to an application made pursuant to NRS 433A.160, the court may order a peace officer to take the person into protective custody and transport the person to a mental health facility or hospital where the person may be detained until a hearing is had upon the petition.

      3.  If the person is not being detained under an emergency admission pursuant to an application made pursuant to NRS 433A.160, the person may be allowed to remain in his or her home or other place of residence pending an ordered examination or examinations and to return to his or her home or other place of residence upon completion of the examination or examinations. The person may be accompanied by one or more of his or her relations or friends to the place of examination.

      4.  Each physician and licensed psychologist who examines a person pursuant to subsection 1 shall, in conducting such an examination, consider the least restrictive treatment appropriate for the person.

      5.  Except as otherwise provided in this subsection, each physician and licensed psychologist who examines a person pursuant to subsection 1 shall, not later than 48 hours before the hearing set pursuant to NRS 433A.220, submit to the court in writing a summary of his or her findings and evaluation regarding the person alleged to be a person with mental illness.

 


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

ê2013 Statutes of Nevada, Page 3491 (Chapter 537, AB 287)ê

 

not later than 48 hours before the hearing set pursuant to NRS 433A.220, submit to the court in writing a summary of his or her findings and evaluation regarding the person alleged to be a person with mental illness. If the person alleged to be a person with mental illness is admitted under an emergency admission pursuant to an application made pursuant to NRS 433A.160, the written findings and evaluation must be submitted to the court not later than 24 hours before the hearing set pursuant to subsection 1 of NRS 433A.220.

      Sec. 11. NRS 433A.250 is hereby amended to read as follows:

      433A.250  1.  The Administrator shall establish such evaluation teams as are necessary to aid the courts under NRS 433A.240 and 433A.310 [.] and sections 3 and 3.5 of this act.

      2.  Each team must be composed of a psychiatrist and other persons professionally qualified in the field of psychiatric mental health who are representative of the Division, selected from personnel in the Division.

      3.  Fees for the evaluations must be established and collected as set forth in NRS 433.414 or 433B.260, as appropriate.

      Sec. 12. NRS 433A.270 is hereby amended to read as follows:

      433A.270  1.  The person alleged to be a person with mental illness or any relative or friend on the person’s behalf is entitled to retain counsel to represent the person in any proceeding before the district court relating to involuntary court-ordered admission, and if he or she fails or refuses to obtain counsel, the court shall advise the person and the person’s guardian or next of kin, if known, of such right to counsel and shall appoint counsel, who may be the public defender or his or her deputy.

      2.  Any counsel appointed pursuant to subsection 1 must be awarded compensation by the court for his or her services in an amount determined by it to be fair and reasonable. The compensation must be charged against the estate of the person for whom the counsel was appointed or, if the person is indigent, against the county where the person alleged to be a person with mental illness last resided.

      3.  The court shall, at the request of counsel representing the person alleged to be a person with mental illness in proceedings before the court relating to involuntary court-ordered admission, grant a recess in the proceedings for the shortest time possible, but for not more than 5 days, to give the counsel an opportunity to prepare his or her case.

      4.  If the person alleged to be a person with a mental illness is involuntarily admitted to a program of community-based or outpatient services, counsel shall continue to represent the person until the person is released from the program. The court shall serve notice upon such counsel of any action that is taken involving the person while the person is admitted to the program of community-based or outpatient services.

      5.  Each district attorney or his or her deputy shall appear and represent the State in all involuntary court-ordered admission proceedings in the district attorney’s county. The district attorney is responsible for the presentation of evidence, if any, in support of the involuntary court-ordered admission of a person to a mental health facility or to a program of community-based or outpatient services in proceedings held pursuant to NRS 433A.200 or 433A.210.

 


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

ê2013 Statutes of Nevada, Page 3492 (Chapter 537, AB 287)ê

 

      Sec. 13. NRS 433A.310 is hereby amended to read as follows:

      433A.310  1.  Except as otherwise provided in NRS 432B.6076 and 432B.6077, if the district court finds, after proceedings for the involuntary court-ordered admission of a person : [to a public or private mental health facility:]

      (a) That there is not clear and convincing evidence that the person with respect to whom the hearing was held has a mental illness or exhibits observable behavior such that the person is likely to harm himself or herself or others if allowed his or her liberty [,] or if not required to participate in a program of community-based or outpatient services, the court shall enter its finding to that effect and the person must not be involuntarily [detained in such a facility.] admitted to a public or private mental health facility or to a program of community-based or outpatient services.

      (b) That there is clear and convincing evidence that the person with respect to whom the hearing was held has a mental illness and, because of that illness, is likely to harm himself or herself or others if allowed his or her liberty [,] or if not required to participate in a program of community-based or outpatient services, the court may order the involuntary admission of the person for the most appropriate course of treatment [.] , including, without limitation, admission to a public or private mental health facility or participation in a program of community-based or outpatient services. The order of the court must be interlocutory and must not become final if, within 30 days after the involuntary admission, the person is unconditionally released pursuant to NRS 433A.390.

      2.  A court shall not admit a person to a program of community-based or outpatient services unless:

      (a) A program of community-based or outpatient services is available in the community in which the person resides or is otherwise made available to the person;

      (b) The person is 18 years of age or older;

      (c) The person has a history of noncompliance with treatment for mental illness;

      (d) The person is capable of surviving safely in the community in which he or she resides with available supervision;

      (e) The court determines that, based on the person’s history of treatment for mental illness, the person needs to be admitted to a program of community-based or outpatient services to prevent further disability or deterioration of the person which is likely to result in harm to himself or herself or others;

      (f) The current mental status of the person or the nature of the person’s illness limits or negates his or her ability to make an informed decision to seek treatment for mental illness voluntarily or to comply with recommended treatment for mental illness;

      (g) The program of community-based or outpatient services is the least restrictive treatment which is in the best interest of the person; and

      (h) The court has approved a plan of treatment developed for the person pursuant to section 3 of this act.

      3.  Except as otherwise provided in NRS 432B.608, an involuntary admission pursuant to paragraph (b) of subsection 1 automatically expires at the end of 6 months if not terminated previously by the medical director of the public or private mental health facility as provided for in subsection 2 of NRS 433A.390 [.] or by the professional responsible for providing or coordinating the program of community-based or outpatient services as provided for in subsection 3 of NRS 433A.390.

 


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

ê2013 Statutes of Nevada, Page 3493 (Chapter 537, AB 287)ê

 

coordinating the program of community-based or outpatient services as provided for in subsection 3 of NRS 433A.390. Except as otherwise provided in NRS 432B.608, at the end of the court-ordered period of treatment, the Division , [or] any mental health facility that is not operated by the Division or a program of community-based or outpatient services may petition to renew the [detention] involuntary admission of the person for additional periods not to exceed 6 months each. For each renewal, the petition must [set forth to the court specific reasons why further treatment would be in the person’s own best interests.

      3.]include evidence which meets the same standard set forth in subsection 1 that was required for the initial period of admission of the person to a public or private mental health facility or to a program of community-based or outpatient services.

      4.  Before issuing an order for involuntary admission or a renewal thereof, the court shall explore other alternative courses of treatment within the least restrictive appropriate environment , including involuntary admission to a program of community-based or outpatient services, as suggested by the evaluation team who evaluated the person, or other persons professionally qualified in the field of psychiatric mental health, which the court believes may be in the best interests of the person.

      [4.]5.  If the court issues an order involuntarily admitting a person to a public or private mental health facility or to a program of community-based or outpatient services pursuant to this section, the court shall, notwithstanding the provisions of NRS 433A.715, cause, on a form prescribed by the Department of Public Safety, a record of such order to be transmitted to the Central Repository for Nevada Records of Criminal History, along with a statement indicating that the record is being transmitted for inclusion in each appropriate database of the National Instant Criminal Background Check System.

      [5.]6.  As used in this section, “National Instant Criminal Background Check System” has the meaning ascribed to it in NRS 179A.062.

      Sec. 14. NRS 433A.320 is hereby amended to read as follows:

      433A.320  The order for involuntary court admission of any person to a public or private mental health facility [, public or private, shall] or to a program of community-based or outpatient services must be accompanied by a clinical abstract, including a history of illness, diagnosis, treatment and the names of relatives or correspondents.

      Sec. 15. NRS 433A.330 is hereby amended to read as follows:

      433A.330  1.  When [any] an involuntary court admission to a mental health facility is ordered under the provisions of this chapter, the involuntarily admitted person, together with the court orders and certificates of the physicians, certified psychologists or evaluation team and a full and complete transcript of the notes of the official reporter made at the examination of such person before the court, must be delivered to the sheriff of the county who shall:

      (a) Transport the person; or

      (b) Arrange for the person to be transported by:

             (1) A system for the nonemergency medical transportation of persons whose operation is authorized by the Nevada Transportation Authority; or

             (2) If medically necessary, an ambulance service that holds a permit issued pursuant to the provisions of chapter 450B of NRS,

Ê to the appropriate public or private mental health facility.

 


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

ê2013 Statutes of Nevada, Page 3494 (Chapter 537, AB 287)ê

 

      2.  No person with mental illness may be transported to the mental health facility without at least one attendant of the same sex or a relative in the first degree of consanguinity or affinity being in attendance.

      Sec. 16. NRS 433A.350 is hereby amended to read as follows:

      433A.350  1.  Upon admission to any public or private mental health facility [,] or to a program of community-based or outpatient services, each consumer [of the facility] and the consumer’s spouse and legal guardian, if any, must receive a written statement outlining in simple, nontechnical language all procedures for release provided by this chapter, setting out all rights accorded to such a consumer by this chapter and chapters 433 and 433B of NRS and, if the consumer has no legal guardian, describing procedures provided by law for adjudication of incompetency and appointment of a guardian for the consumer.

      2.  Written information regarding the services provided by and means of contacting the local office of an agency or organization that receives money from the Federal Government pursuant to 42 U.S.C. §§ 10801 et seq., to protect and advocate the rights of persons with mental illnesses must be posted in each public and private mental health facility and in each location in which a program of community-based or outpatient services is provided and must be provided to each consumer [of such a facility] upon admission.

      Sec. 17. NRS 433A.360 is hereby amended to read as follows:

      433A.360  1.  A clinical record for each consumer must be diligently maintained by any division facility , [or] private institution , [or] facility offering mental health services [.] or program of community-based or outpatient services. The record must include information pertaining to the consumer’s admission, legal status, treatment and individualized plan for habilitation. The clinical record is not a public record and no part of it may be released, except:

      (a) If the release is authorized or required pursuant to NRS 439.538.

      (b) The record must be released to physicians, attorneys and social agencies as specifically authorized in writing by the consumer, the consumer’s parent, guardian or attorney.

      (c) The record must be released to persons authorized by the order of a court of competent jurisdiction.

      (d) The record or any part thereof may be disclosed to a qualified member of the staff of a division facility, an employee of the Division or a member of the staff of an agency in Nevada which has been established pursuant to the Developmental Disabilities Assistance and Bill of Rights Act of 2000, 42 U.S.C. §§ 15001 et seq., or the Protection and Advocacy for Mentally Ill Individuals Act of 1986, 42 U.S.C. §§ 10801 et seq., when the Administrator deems it necessary for the proper care of the consumer.

      (e) Information from the clinical records may be used for statistical and evaluative purposes if the information is abstracted in such a way as to protect the identity of individual consumers.

      (f) To the extent necessary for a consumer to make a claim, or for a claim to be made on behalf of a consumer for aid, insurance or medical assistance to which the consumer may be entitled, information from the records may be released with the written authorization of the consumer or the consumer’s guardian.

      (g) The record must be released without charge to any member of the staff of an agency in Nevada which has been established pursuant to 42 U.S.C. §§ 15001 et seq. or 42 U.S.C. §§ 10801 et seq. if:

 


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

ê2013 Statutes of Nevada, Page 3495 (Chapter 537, AB 287)ê

 

             (1) The consumer is a consumer of that office and the consumer or the consumer’s legal representative or guardian authorizes the release of the record; or

             (2) A complaint regarding a consumer was received by the office or there is probable cause to believe that the consumer has been abused or neglected and the consumer:

                   (I) Is unable to authorize the release of the record because of the consumer’s mental or physical condition; and

                   (II) Does not have a guardian or other legal representative or is a ward of the State.

      (h) The record must be released as provided in NRS 433.332 or 433B.200 and in chapter 629 of NRS.

      2.  As used in this section, “consumer” includes any person who seeks, on the person’s own or others’ initiative, and can benefit from, care, treatment and training in a private institution or facility offering mental health services, [or] from treatment to competency in a private institution or facility offering mental health services [.] , or from a program of community-based or outpatient services.

      Sec. 18. (Deleted by amendment.)

      Sec. 19. NRS 433A.390 is hereby amended to read as follows:

      433A.390  1.  When a consumer, involuntarily admitted to a mental health facility or to a program of community-based or outpatient services by court order, is released at the end of the [time] period specified pursuant to NRS 433A.310, written notice must be given to the admitting court and to the consumer’s legal guardian at least 10 days before the release of the consumer. The consumer may then be released without requiring further orders of the court. If the consumer has a legal guardian, the facility or the professional responsible for providing or coordinating the program of community-based or outpatient services shall notify the guardian before discharging the consumer from the facility [.] or program. The legal guardian has discretion to determine where the consumer will be released, taking into consideration any discharge plan proposed by the facility assessment team [.] or the professional responsible for providing or coordinating the program of community-based or outpatient services. If the legal guardian does not inform the facility or professional as to where the consumer will be released within 3 days after the date of notification, the facility or professional shall discharge the consumer according to its proposed discharge plan.

      2.  [An involuntarily court-admitted] A consumer who is involuntarily admitted to a mental health facility may be unconditionally released before the period specified in NRS 433A.310 when:

      (a) An evaluation team established under NRS 433A.250 or two persons professionally qualified in the field of psychiatric mental health, at least one of them being a physician, determines that the consumer has recovered from his or her mental illness or has improved to such an extent that the consumer is no longer considered to present a clear and present danger of harm to himself or herself or others; and

      (b) Under advisement from the evaluation team or two persons professionally qualified in the field of psychiatric mental health, at least one of them being a physician, the medical director of the mental health facility authorizes the release and gives written notice to the admitting court and to the consumer’s legal guardian at least 10 days before the release of the consumer.

 


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

ê2013 Statutes of Nevada, Page 3496 (Chapter 537, AB 287)ê

 

consumer. If the consumer has a legal guardian, the facility shall notify the guardian before discharging the consumer from the facility. The legal guardian has discretion to determine where the consumer will be released, taking into consideration any discharge plan proposed by the facility assessment team. If the legal guardian does not inform the facility as to where the consumer will be released within 3 days after the date of notification, the facility shall discharge the consumer according to its proposed discharge plan.

      3.  A consumer who is involuntarily admitted to a program of community-based or outpatient services may be unconditionally released before the period specified in NRS 433A.310 when:

      (a) The professional responsible for providing or coordinating the program of community-based or outpatient services for the consumer determines that the consumer has recovered from his or her mental illness or has improved to such an extent that the consumer is no longer considered to present a clear and present danger of harm to himself or herself or others; and

      (b) Under advisement from an evaluation team established under NRS 433A.250 or two persons professionally qualified in the field of psychiatric mental health, at least one of them being a physician, the professional responsible for providing or coordinating the program of community-based or outpatient services for the consumer authorizes the release and gives written notice to the admitting court at least 10 days before the release of the consumer from the program.

      Sec. 20. NRS 433A.460 is hereby amended to read as follows:

      433A.460  [1.]  No person admitted to a public or private mental health facility or to a program of community-based or outpatient services pursuant to this chapter shall, by reason of such admission, be denied the right to dispose of property, marry, execute instruments, make purchases, enter into contractual relationships, vote and hold a driver’s license, unless such person has been specifically adjudicated incompetent by a court of competent jurisdiction and has not been restored to legal capacity.

      [2.  If the responsible physician of the mental health facility in which any person is detained is of the opinion that such person is unable to exercise any of the aforementioned rights, the responsible physician shall immediately notify the person and the person’s attorney, legal guardian, spouse, parents or other nearest-known adult relative, and the district court of that fact.]

      Sec. 21. NRS 433A.580 is hereby amended to read as follows:

      433A.580  No person may be admitted to a private hospital [or] , a division mental health facility or a program of community-based or outpatient services pursuant to the provisions of this chapter unless mutually agreeable financial arrangements relating to the costs of treatment are made between the private hospital , [or] division facility or professional responsible for providing or coordinating a program of community-based or outpatient services and the consumer or person requesting his or her admission.

      Sec. 22. NRS 433A.600 is hereby amended to read as follows:

      433A.600  1.  A person who is admitted to a division facility or to a program of community-based or outpatient services operated by the Division and not determined to be indigent and every responsible relative pursuant to NRS 433A.610 of the person shall be charged for the cost of treatment and is liable for that cost.

 


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

ê2013 Statutes of Nevada, Page 3497 (Chapter 537, AB 287)ê

 

treatment and is liable for that cost. If after demand is made for payment the person or his or her responsible relative fails to pay that cost, the administrative officer or professional responsible for providing or coordinating the program of community-based or outpatient services, as applicable, may recover the amount due by civil action.

      2.  All sums received [by the administrative officer of a facility operated by the Division] pursuant to subsection 1 must be deposited in the State Treasury and may be expended by the Division for the support of that facility or program in accordance with the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.245, inclusive.

      Sec. 23. NRS 433A.640 is hereby amended to read as follows:

      433A.640  1.  Once a court has ordered the admission of a person to a division facility, the administrative officer shall make an investigation, pursuant to the provisions of this chapter, to determine whether the person or his or her responsible relatives pursuant to NRS 433A.610 are capable of paying for all or a portion of the costs that will be incurred during the period of admission.

      2.  If a person is admitted to a division facility or program of community-based or outpatient services pursuant to a court order, that person and his or her responsible relatives are responsible for the payment of the actual cost of the treatment and services rendered during his or her admission to the division facility or program unless the investigation reveals that the person and his or her responsible relatives are not capable of paying the full amount of the costs.

      3.  Once a court has ordered the admission of a person to a program of community-based or outpatient services operated by the Division, the professional responsible for providing or coordinating the program shall make an investigation, pursuant to the provisions of this chapter, to determine whether the person or his or her responsible relatives pursuant to NRS 433A.610 are capable of paying for all or a portion of the costs that will be incurred during the period of admission.

      Sec. 24. NRS 433A.650 is hereby amended to read as follows:

      433A.650  Determination of ability to pay pursuant to NRS 433A.640 shall include investigation of whether the consumer has benefits due and owing to the consumer for the cost of his or her treatment from third-party sources, such as Medicare, Medicaid, social security, medical insurance benefits, retirement programs, annuity plans, government benefits or any other financially responsible third parties. The administrative officer of a division mental health facility or professional responsible for providing or coordinating a program of community-based or outpatient services may accept payment for the cost of a consumer’s treatment from the consumer’s insurance company, Medicare or Medicaid and other similar third parties.

      Sec. 25. NRS 433A.660 is hereby amended to read as follows:

      433A.660  1.  If the consumer, his or her responsible relative pursuant to NRS 433A.610, guardian or the estate neglects or refuses to pay the cost of treatment to the division facility or to the program of community-based or outpatient services operated by the Division rendering service pursuant to the fee schedule established under NRS 433.404 or 433B.250, as appropriate, the State is entitled to recover by appropriate legal action all sums due, plus interest.

 


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

ê2013 Statutes of Nevada, Page 3498 (Chapter 537, AB 287)ê

 

      2.  Before initiating such legal action, the division facility or program, as applicable, shall demonstrate efforts at collection, which may include contractual arrangements for collection through a private collection agency.

      Sec. 26. NRS 433A.715 is hereby amended to read as follows:

      433A.715  1.  A court shall seal all court records relating to the admission and treatment of any person who was admitted, voluntarily or as the result of a noncriminal proceeding, to a public or private hospital [or] , a mental health facility or a program of community-based or outpatient services in this State for the purpose of obtaining mental health treatment.

      2.  Except as otherwise provided in subsections 4 and 5, a person or governmental entity that wishes to inspect records that are sealed pursuant to this section must file a petition with the court that sealed the records. Upon the filing of a petition, the court shall fix a time for a hearing on the matter. The petitioner must provide notice of the hearing and a copy of the petition to the person who is the subject of the records. If the person who is the subject of the records wishes to oppose the petition, the person must appear before the court at the hearing. If the person appears before the court at the hearing, the court must provide the person an opportunity to be heard on the matter.

      3.  After the hearing described in subsection 2, the court may order the inspection of records that are sealed pursuant to this section if:

      (a) A law enforcement agency must obtain or maintain information concerning persons who have been admitted to a public or private hospital [or] , a mental health facility or a program of community-based or outpatient services in this State pursuant to state or federal law;

      (b) A prosecuting attorney or an attorney who is representing the person who is the subject of the records in a criminal action requests to inspect the records; or

      (c) The person who is the subject of the records petitions the court to permit the inspection of the records by a person named in the petition.

      4.  A governmental entity is entitled to inspect court records that are sealed pursuant to this section without following the procedure described in subsection 2 if:

      (a) The governmental entity has made a conditional offer of employment to the person who is the subject of the records;

      (b) The position of employment conditionally offered to the person concerns public safety, including, without limitation, employment as a firefighter or peace officer;

      (c) The governmental entity is required by law, rule, regulation or policy to obtain the mental health records of each individual conditionally offered the position of employment; and

      (d) An authorized representative of the governmental entity presents to the court a written authorization signed by the person who is the subject of the records and notarized by a notary public or judicial officer in which the person who is the subject of the records consents to the inspection of the records.

      5.  Upon its own order, any court of this State may inspect court records that are sealed pursuant to this section without following the procedure described in subsection 2 if the records are necessary and relevant for the disposition of a matter pending before the court. The court may allow a party in the matter to inspect the records without following the procedure described in subsection 2 if the court deems such inspection necessary and appropriate.

 


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

ê2013 Statutes of Nevada, Page 3499 (Chapter 537, AB 287)ê

 

in the matter to inspect the records without following the procedure described in subsection 2 if the court deems such inspection necessary and appropriate.

      6.  Following the sealing of records pursuant to this section, the admission of the person who is the subject of the records to the public or private hospital , [or] mental health facility or program of community-based or outpatient services, is deemed never to have occurred, and the person may answer accordingly any question related to its occurrence, except in connection with:

      (a) An application for a permit to carry a concealed firearm pursuant to the provisions of NRS 202.3653 to 202.369, inclusive;

      (b) A transfer of a firearm; or

      (c) An application for a position of employment described in subsection 4.

      7.  As used in this section:

      (a) “Firefighter” means a person who is a salaried employee of a fire-fighting agency and whose principal duties are to control, extinguish, prevent and suppress fires. As used in this paragraph, “fire-fighting agency” means a public fire department, fire protection district or other agency of this State or a political subdivision of this State, the primary functions of which are to control, extinguish, prevent and suppress fires.

      (b) “Peace officer” has the meaning ascribed to it in NRS 289.010.

      (c) “Seal” means placing records in a separate file or other repository not accessible to the general public.

      Sec. 27. NRS 433A.750 is hereby amended to read as follows:

      433A.750  1.  A person who:

      (a) Without probable cause for believing a person to be mentally ill causes or conspires with or assists another to cause the involuntary court-ordered admission of the person under this chapter; or

      (b) Causes or conspires with or assists another to cause the denial to any person of any right accorded to the person under this chapter,

Ê is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      2.  Unless a greater penalty is provided in subsection 1, a person who knowingly and willfully violates any provision of this chapter regarding the admission of a person to, or discharge of a person from, a public or private mental health facility or a program of community-based or outpatient services is guilty of a gross misdemeanor.

      3.  A person who, without probable cause for believing another person to be mentally ill, executes a petition, application or certificate pursuant to this chapter, by which the person secures or attempts to secure the apprehension, hospitalization, detention , admission or restraint of the person alleged to be mentally ill, or any physician, psychiatrist , [or] licensed psychologist or other person professionally qualified in the field of psychiatric mental health who knowingly makes any false certificate or application pursuant to this chapter as to the mental condition of any person is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      Sec. 28.  This act becomes effective on July 1, 2013.

________

 


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

ê2013 Statutes of Nevada, Page 3500ê

 

CHAPTER 538, AB 388

Assembly Bill No. 388–Assemblyman Bobzien

 

CHAPTER 538

 

[Approved: June 12, 2013]

 

AN ACT relating to renewable energy; revising provisions governing certain energy-related tax incentives; revising provisions governing portfolio energy systems; revising provisions governing jurisdiction of the courts of this State with respect to certain claims or actions relating to certain renewable energy projects; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law provides for the partial abatement of certain taxes for certain renewable energy facilities. (NRS 701A.300-701A.390) Section 3 of this bill revises the authority of a board of county commissioners relating to the approval of an application for a partial abatement of certain taxes submitted by a person who operates a facility for the generation of electricity from renewable energy.

      Under existing law, a provider of electric service is entitled to one portfolio energy credit for each kilowatt-hour of electricity that the provider generates, acquires or saves from a portfolio energy system or efficiency measure for the purpose of satisfying the renewable portfolio standard of the provider. (NRS 704.78215) Section 4 of this bill revises provisions governing the calculation of the portfolio energy credits attributable to certain portfolio energy systems.

      Section 5 of this bill clarifies that a court of this State has jurisdiction over a claim or action relating to a renewable energy project located upon certain Indian tribal land under certain circumstances.

 

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 701A.340 is hereby amended to read as follows:

      701A.340  1.  “Renewable energy” means:

      (a) Biomass;

      (b) Fuel cells;

      (c) Geothermal energy;

      (d) Solar energy;

      [(d)](e) Waterpower; or

      [(e)](f) Wind.

      2.  The term does not include coal, natural gas, oil, propane or any other fossil fuel [, geothermal energy] or nuclear energy.

      Sec. 2. NRS 701A.360 is hereby amended to read as follows:

      701A.360  1.  A person who intends to locate a facility for the generation of process heat from solar renewable energy, a wholesale facility for the generation of electricity from renewable energy [, a facility for the generation of electricity from geothermal resources] or a facility for the transmission of electricity produced from renewable energy [or geothermal resources] in this State may apply to the Director for a partial abatement of the local sales and use taxes, the taxes imposed pursuant to chapter 361 of NRS, or both local sales and use taxes and taxes imposed pursuant to chapter 361 of NRS.

 


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

ê2013 Statutes of Nevada, Page 3501 (Chapter 538, AB 388)ê

 

      2.  A facility that is owned, operated, leased or otherwise controlled by a governmental entity is not eligible for an abatement pursuant to NRS 701A.300 to 701A.390, inclusive.

      3.  As soon as practicable after the Director receives an application for a partial abatement, the Director shall forward a copy of the application to:

      (a) The Chief of the Budget Division of the Department of Administration;

      (b) The Department of Taxation;

      (c) The board of county commissioners;

      (d) The county assessor;

      (e) The county treasurer; and

      (f) The Office of Economic Development.

      4.  With the copy of the application forwarded to the county treasurer, the Director shall include a notice that the local jurisdiction may request a presentation regarding the facility. A request for a presentation must be made within 30 days after receipt of the application.

      5.  The Director shall hold a public hearing on the application. The hearing must not be held earlier than 30 days after all persons listed in subsection 3 have received a copy of the application.

      Sec. 3. NRS 701A.365 is hereby amended to read as follows:

      701A.365  1.  [Except as otherwise provided in subsection 2, the] The Director, in consultation with the Office of Economic Development, shall approve an application for a partial abatement pursuant to NRS 701A.300 to 701A.390, inclusive, if the Director, in consultation with the Office of Economic Development, makes the following determinations:

      (a) The applicant has executed an agreement with the Director which must:

             (1) State that the facility will, after the date on which a certificate of eligibility for the abatement is issued pursuant to NRS 701A.370, continue in operation in this State for a period specified by the Director, which must be at least 10 years, and will continue to meet the eligibility requirements for the abatement; and

             (2) Bind the successors in interest in the facility for the specified period.

      (b) The facility is registered pursuant to the laws of this State or the applicant commits to obtain a valid business license and all other permits required by the county, city or town in which the facility operates.

      (c) No funding is or will be provided by any governmental entity in this State for the acquisition, design or construction of the facility or for the acquisition of any land therefor, except any private activity bonds as defined in 26 U.S.C. § 141.

      (d) If the facility will be located in a county whose population is 100,000 or more or a city whose population is 60,000 or more, the facility meets the following requirements:

             (1) There will be 75 or more full-time employees working on the construction of the facility during the second quarter of construction, including, unless waived by the Director for good cause, at least 30 percent who are residents of Nevada;

             (2) Establishing the facility will require the facility to make a capital investment of at least $10,000,000 in this State;

             (3) The average hourly wage that will be paid by the facility to its employees in this State is at least 110 percent of the average statewide hourly wage, excluding management and administrative employees, as established by the Employment Security Division of the Department of Employment, Training and Rehabilitation on July 1 of each fiscal year; and

 


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

ê2013 Statutes of Nevada, Page 3502 (Chapter 538, AB 388)ê

 

wage, excluding management and administrative employees, as established by the Employment Security Division of the Department of Employment, Training and Rehabilitation on July 1 of each fiscal year; and

             (4) The average hourly wage of the employees working on the construction of the facility will be at least 150 percent of the average statewide hourly wage, excluding management and administrative employees, as established by the Employment Security Division of the Department of Employment, Training and Rehabilitation on July 1 of each fiscal year and:

                   (I) The employees working on the construction of the facility must be provided a health insurance plan that includes an option for health insurance coverage for dependents of the employees; and

                   (II) The cost of the benefits provided to the employees working on the construction of the facility will meet the minimum requirements for benefits established by the Director by regulation pursuant to NRS 701A.390.

      (e) If the facility will be located in a county whose population is less than 100,000 or a city whose population is less than 60,000, the facility meets the following requirements:

             (1) There will be 50 or more full-time employees working on the construction of the facility during the second quarter of construction, including, unless waived by the Director for good cause, at least 30 percent who are residents of Nevada;

             (2) Establishing the facility will require the facility to make a capital investment of at least $3,000,000 in this State;

             (3) The average hourly wage that will be paid by the facility to its employees in this State is at least 110 percent of the average statewide hourly wage, excluding management and administrative employees, as established by the Employment Security Division of the Department of Employment, Training and Rehabilitation on July 1 of each fiscal year; and

             (4) The average hourly wage of the employees working on the construction of the facility will be at least 150 percent of the average statewide hourly wage, excluding management and administrative employees, as established by the Employment Security Division of the Department of Employment, Training and Rehabilitation on July 1 of each fiscal year and:

                   (I) The employees working on the construction of the facility must be provided a health insurance plan that includes an option for health insurance coverage for dependents of the employees; and

                   (II) The cost of the benefits provided to the employees working on the construction of the facility will meet the minimum requirements for benefits established by the Director by regulation pursuant to NRS 701A.390.

      (f) The financial benefits that will result to this State from the employment by the facility of the residents of this State and from capital investments by the facility in this State will exceed the loss of tax revenue that will result from the abatement.

      (g) The facility is consistent with the State Plan for Economic Development developed by the Executive Director of the Office of Economic Development pursuant to subsection 2 of NRS 231.053.

      2.  The Director shall not approve an application for a partial abatement of the taxes imposed pursuant to chapter 361 of NRS submitted pursuant to NRS 701A.360 by a facility for the generation of process heat from solar renewable energy or a wholesale facility for the generation of electricity from [geothermal resources] renewable energy unless the application is approved or deemed approved pursuant to this subsection.

 


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

ê2013 Statutes of Nevada, Page 3503 (Chapter 538, AB 388)ê

 

NRS 701A.360 by a facility for the generation of process heat from solar renewable energy or a wholesale facility for the generation of electricity from [geothermal resources] renewable energy unless the application is approved or deemed approved pursuant to this subsection. The board of county commissioners of a county must provide notice to the Director that the board intends to consider an application and, if such notice is given, must approve or deny the application not later than 30 days after the board receives a copy of the application. The board of county commissioners [must] :

      (a) Shall, in considering an application pursuant to this subsection, make a recommendation to the Director regarding the application;

      (b) May, in considering an application pursuant to this subsection, deny an application only if the board of county commissioners determines, based on relevant information, that:

             (1) The projected cost of the services that the local government is required to provide to the facility will exceed the amount of tax revenue that the local government is projected to receive as a result of the abatement; or

             (2) The projected financial benefits that will result to the county from the employment by the facility of the residents of this State and from capital investments by the facility in the county will not exceed the projected loss of tax revenue that will result from the abatement;

      (c) Must not condition the approval of the application on a requirement that the facility [for the generation of electricity from geothermal resources] agree to purchase, lease or otherwise acquire in its own name or on behalf of the county any infrastructure, equipment, facilities or other property in the county that is not directly related to or otherwise necessary for the construction and operation of the facility [.] ; and

      (d) May, without regard to whether the board has provided notice to the Director of its intent to consider the application, make a recommendation to the Director regarding the application.

Ê If the board of county commissioners does not approve or deny the application within 30 days after the board receives the application, the application shall be deemed [denied.] approved.

      3.  Notwithstanding the provisions of subsection 1, the Director, in consultation with the Office of Economic Development, may, if the Director, in consultation with the Office, determines that such action is necessary:

      (a) Approve an application for a partial abatement for a facility that does not meet the requirements set forth in paragraph (d) or (e) of subsection 1; or

      (b) Add additional requirements that a facility must meet to qualify for a partial abatement.

      4.  The Director shall cooperate with the Office of Economic Development in carrying out the provisions of this section.

      5.  The Director shall submit to the Office of Economic Development an annual report, at such a time and containing such information as the Office may require, regarding the partial abatements granted pursuant to this section.

      Sec. 4. NRS 704.78215 is hereby amended to read as follows:

      704.78215  1.  Except as otherwise provided in this section or by specific statute, a provider is entitled to one portfolio energy credit for each kilowatt-hour of electricity that the provider generates, acquires or saves from a portfolio energy system or efficiency measure.

 


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

ê2013 Statutes of Nevada, Page 3504 (Chapter 538, AB 388)ê

 

      2.  The Commission may adopt regulations that give a provider more than one portfolio energy credit for each kilowatt-hour of electricity saved by the provider during its peak load period from energy efficiency measures.

      3.  Except as otherwise provided in this subsection, for portfolio energy systems placed into operation on or after January 1, 2016, the amount of electricity generated or acquired from a portfolio energy system does not include the amount of any electricity used by the portfolio energy system for its basic operations that reduce the amount of renewable energy delivered to the transmission grid for distribution and sale to customers of the provider. The provisions of this subsection do not apply to a portfolio energy system placed into operation on or after January 1, 2016, if a provider entered into a contract for the purchase of electricity generated by the portfolio energy system on or before December 31, 2012. For the purposes of this subsection, the amount of any electricity used by a portfolio energy system for its basic operations:

      (a) Except as otherwise provided in paragraph (b), includes electricity used for the heating, lighting, air-conditioning and equipment of a building located on the site of the portfolio energy system, and for operating any other equipment located on such site.

      (b) Does not include the electricity used by a portfolio energy system that generates electricity from geothermal energy for the extraction and transportation of geothermal brine or used to pump or compress geothermal brine.

      Sec. 5.  Chapter 41 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A court of this State has jurisdiction pursuant to subsection 1 of NRS 14.065 with respect to any claim or action relating to a renewable energy project located upon Indian tribal land if:

      (a) The Indian tribe occupying the tribal land has a reservation of not less than 60,000 acres;     

      (b) The Indian tribal land is located in a county whose population is 700,000 or more; and

      (c) The governing body of the Indian tribe has expressly waived its sovereign immunity with respect to such claim or action in a written agreement, contract or other instrument which expressly states that the terms of the agreement, contract or other instrument must be governed by the applicable laws of this State.

      2.  As used in this section, “renewable energy project” means a project for the construction or installation of a facility for the generation of renewable energy, as defined in NRS 701.070.

________

 

 

 

 

 

 

 

 

 


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

ê2013 Statutes of Nevada, Page 3505ê

 

CHAPTER 539, AB 404

Assembly Bill No. 404–Assemblyman Frierson

 

CHAPTER 539

 

[Approved: June 12, 2013]

 

AN ACT relating to time shares; amending provisions relating to licensing and registration of sales agents, representatives, managers, developers, project brokers and time-share resale brokers; revising provisions relating to permits to sell time shares; amending provisions relating to time-share instruments; revising provisions governing public offering statements; amending provisions governing the sale and resale of time shares; revising provisions governing the management and development of time-share plans and time-share projects; revising provisions governing certain fees relating to time shares; prohibiting certain acts; amending various other provisions relating to time shares; providing penalties; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law provides certain exemptions from the requirements governing time shares. (NRS 119A.170) Section 11 of this bill revises these exemptions.

      Existing law governs the qualifications and licensing of sales agents and requires a sales agent to be associated with a project broker. (NRS 119A.210-119A.237) Section 14 of this bill maintains the existing law requiring that a sales agent obtain a license from the Real Estate Division of the Department of Business and Industry, but provides that a sales agent is not required to be licensed pursuant to existing law governing real estate salespersons.

      Existing law provides for the registration and regulation of a representative, defined as a person who, on behalf of a developer, induces other persons to attend a sales presentation. (NRS 119A.120, 119A.240, 119A.260) Section 18 of this bill maintains the existing law requiring a representative to register with the Division, but provides that a representative is not required to be licensed pursuant to existing law governing real estate salespersons. Section 19 of this bill amends provisions setting forth the prohibited acts of representatives.

      Existing law requires a developer of a time-share plan to obtain certain permits from the Administrator of the Division before selling or offering for sale any time shares in this State. Existing law requires an applicant for a public offering statement and permit to sell time shares to submit an application containing certain information. (NRS 119A.300) Section 23 of this bill requires the applicant to include with the application a public offering statement and certain information concerning points, if applicable. Section 4.4 of this bill provides that in lieu of the information required to be included with the application, a developer of a time-share plan in which some or all of the units are located outside of this State may file an abbreviated registration. Section 3 of this bill requires a developer to file an amended statement of record with the Division under certain circumstances. Section 25 of this bill amends the grounds for denial of an application for a permit to sell time shares. Section 26 of this bill amends provisions relating to the procedure for approving or denying an application for a permit to sell time shares. Section 27 of this bill provides for a hearing on the denial of an amendment to the statement of record or a renewal of a permit to sell time shares. Section 28 of this bill revises the information to be provided in a public offering statement if a time-share project is not completed before the issuance of a permit to sell time shares.

      Section 29 of this bill authorizes instead of requires the Division to complete an investigation before issuing any permit or license issued pursuant to the provisions of existing law governing time shares.

 


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

ê2013 Statutes of Nevada, Page 3506 (Chapter 539, AB 404)ê

 

      Section 30 of this bill provides that a renewal of a permit to sell time shares in this State is deemed approved if the Division does not take certain actions within the prescribed period.

      Existing law governs the fees that the Division is required to collect relating to time shares. (NRS 119A.360) Section 32 of this bill increases certain fees and revises the fee based on the number of time shares sold by a developer to provide for a fee based on the number of time shares in a time-share plan. Section 32 also establishes a fee for an amendment to a statement of record, the initial registration of a time-share resale broker and the renewal of the registration of a time-share resale broker.

      Existing law governs the contents of a time-share instrument. (NRS 119A.380) Section 33 of this bill enacts provisions relating to the governing instrument of a time-share plan or units governed by the laws of another state or jurisdiction.

      Existing law requires a developer to provide each prospective purchaser with a copy of the developer’s public offering statement. (NRS 119A.400) Section 35 of this bill provides that, upon the request of a prospective purchaser for an electronic copy of the public offering statement, the developer must provide an electronic copy of the public offering statement.

      Existing law requires money, negotiable instruments or other deposits pertaining to the sale of a time share to be placed in escrow. (NRS 119A.420) Section 36 of this bill requires money, negotiable instruments or other deposits pertaining to the sale of a time share received from a purchaser to be placed in an escrow account or requires the developer to establish a surety bond.

      Existing law provides for the licensing and regulation of a time-share resale broker. (NRS 119A.4771) Section 41 of this bill amends provisions relating to the registration of a time-share resale broker. Sections 42 and 43 of this bill provide for a right to cancel certain contracts or agreements relating to the resale of a time share.

      Existing law governs the charging or collection of an advance fee by a time-share resale broker. (NRS 119A.4779) Section 44 of this bill requires a contract for an advance fee listing to include certain information. Section 44 also prohibits a time-share resale broker from engaging in certain acts with respect to an advance fee and provides penalties for engaging in those acts.

      Section 48 of this bill removes the authority of the Administrator to require an association or developer to provide an opinion of an independent professional consultant regarding the budget.

      Existing law prohibits certain unfair methods of competition or deceptive or unfair acts in the offer to sell or sale of a time share. (NRS 119A.710) Section 4 of this bill prohibits certain persons from knowingly participating in a plan or scheme to transfer a time share to a person who does not have the ability, means or intent to pay the assessments and taxes for that time share and provides a penalty for a violation of this provision.

      Section 4.2 of this bill exempts certain developers from provisions governing permits to sell and the sale of certain time shares.

      Section 52 of this bill repeals provisions of existing law governing advertisements for time shares, and section 13 of this bill authorizes the Division to adopt regulations regarding advertisements relating to time shares.

 

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 119A of NRS is hereby amended by adding thereto the provisions set forth as sections 1.2 to 4.4, inclusive, of this act.

      Sec. 1.2. “Branch office” means an office operated by a real estate broker who is licensed pursuant to chapter 645 of NRS, separate from the principal location of the real estate broker, for the purpose of engaging in the business of selling or reselling time shares.

 


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

ê2013 Statutes of Nevada, Page 3507 (Chapter 539, AB 404)ê

 

      Sec. 1.4. “Component site” means the specific geographic location where units that are part of a time-share plan are located. The term includes units added to a single project in the same specific geographic location and under common management.

      Sec. 1.6. 1.  “Material change” means a change in any information or document that is part of the statement of record which renders the statement of record inaccurate, incomplete or misleading in such a way as to adversely affect the rights or obligations of a purchaser.

      2.  The term does not include a change:

      (a) In the real estate tax assessment or rate, utility charges or deposits, maintenance fees, association dues, assessments, special assessments or any recurring time-share expense item, if the change is made known immediately to the prospective purchaser by a written addendum to the public offering statement;

      (b) Which is an aspect or result of the orderly development of the time-share plan in accordance with the time-share instrument, if the change is made known immediately to the prospective purchaser by a written addendum to the public offering statement;

      (c) Which corrects spelling, grammar, omissions or other similar errors and which does not affect the substance of the information or document; or

      (d) Which occurs in the issuance of the updated annual report or disclosure document of an exchange company.

      Sec. 1.8. “Sales and marketing entity” means an entity hired by a developer to manage the sale or marketing of a time-share plan.

      Sec. 2. “Statement of record” means the information provided to the Administrator pursuant to subsection 1 of NRS 119A.300 or section 4.4 of this act, as applicable.

      Sec. 2.5. 1.  Every branch office must be operated under the supervision of a real estate broker or real estate broker-salesperson who is licensed pursuant to chapter 645 of NRS and who has had at least 2 years of experience as an active real estate broker or real estate broker-salesperson in the United States.

      2.  The project broker or time-share resale broker is responsible for each branch office which he or she operates.

      3.  If the location of the branch office does not permit a project broker or a time-share resale broker to exercise direct supervision of a branch office, a real estate broker-salesperson shall directly supervise the branch office.

      4.  A supervisor of a branch office may not supervise more than one branch office.

      Sec. 3. 1.  If there is a material change to the time-share plan, the developer shall file an amended statement of record, and such amended statement of record is effective on the 60th day after the filing or, in the event that units are added to the time-share plan which are in a component site which has not previously been registered with the Division, on the 120th day after the filing, unless the Administrator:

      (a) Issues a denial of the amended statement of record pursuant to NRS 119A.654 in a notice of deficiency describing the reasons for the denial in sufficient detail to allow the developer to correct the deficiencies in the amended statement of record; or

      (b) Approves the amended statement of record on an earlier date.

 


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

ê2013 Statutes of Nevada, Page 3508 (Chapter 539, AB 404)ê

 

      2.  The developer may submit evidence that the deficiencies in the amended statement of record described in the notice of deficiency issued pursuant to paragraph (a) of subsection 1 have been corrected within 90 days after the developer receives the notice of deficiency or within such extended time period as approved by the Division in writing.

      3.  The Administrator shall, within 30 days after receiving evidence that the deficiencies in the amended statement of record are corrected, approve the amended statement of record or issue a denial of the amended statement of record pursuant to NRS 119A.654 in a notice of deficiency describing the reasons for denial. If the Division fails to take any of the actions described in this subsection within the 30-day period, the amended statement of record shall be deemed approved by the Division.

      4.  If the developer fails to correct all the deficiencies in the amended statement of record after receipt of a second notice of deficiency pursuant to subsection 3, the Administrator may deny the amended statement of record and require the developer to pay a filing fee equal to one-half of the filing fee for an amendment to a statement of record as set forth in subsection 1 of NRS 119A.360.

      5.  Any amendment proposed by the developer to the provisions of a time-share instrument must be filed with the Division. Unless the Division notifies the developer of its disapproval within 15 days after the developer files the proposed amendment to the time-share instrument, the amendment shall be deemed to be approved by the Division.

      Sec. 4. 1.  Except as otherwise provided in subsection 3, any person other than a person described in paragraph (a) of subsection 3 of NRS 119A.4771 or a developer or an association that is offering time shares in a time-share plan which is registered by such a developer or an association or which is exempt from registration in this State, who knowingly participates, for consideration or with the expectation of consideration, in any plan or scheme, a purpose of which is to transfer a previously sold time share to a transferee who does not have the ability, means or intent to pay all assessments and taxes for that time share commits a false, misleading or deceptive act or practice for the purposes of NRS 207.170, 207.171, 598.0915 to 598.0925, inclusive, and chapters 598A and 599A of NRS.

      2.  The failure of a transferee to pay assessments or taxes that come due after the acquisition of a previously sold time share by a person who acquires the time share for commercial purposes creates a rebuttable presumption of a violation of this section.

      3.  An association or manager does not violate the provisions of this section by performing such administrative acts and collecting such fees or expenses as are customary or required by law or a time-share instrument during the transfer.

      Sec. 4.2. The provisions of NRS 119A.290 to 119A.470, inclusive, and sections 3 and 4 of this act, and NRS 119A.480 do not apply to a developer who has a valid permit issued pursuant to this chapter concerning the offer or disposition in this State of a time share in a time-share plan which includes units which are:

      1.  Located outside of this State;

      2.  Not registered pursuant to the provisions of this chapter; and

      3.  Offered or sold to an existing owner of a time-share plan offered by that developer or an affiliate of that developer if the developer or the affiliate:

 


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

ê2013 Statutes of Nevada, Page 3509 (Chapter 539, AB 404)ê

 

      (a) Authorizes the purchaser to cancel the purchase contract until midnight of the fifth calendar day after the date of the execution of the contract; and

      (b) Provides the purchaser with all of the time share disclosure documents required by law in the jurisdiction in which the time share is located.

      Sec. 4.4. 1.  In lieu of the statement of record required pursuant to NRS 119A.300, the Division may accept an abbreviated registration from a developer of a time-share plan in which some or all of the units are located outside of this State if:

      (a) The developer provides evidence that the time-share plan is registered with the applicable regulatory agency in the state or jurisdiction where the time-share plan is offered or sold and that the time-share plan is in compliance with the laws and regulations of the state or jurisdiction in which some or all of the units are located; and

      (b) The disclosure requirements of the other state or jurisdiction are substantially equivalent to or greater than the information required to be disclosed to purchasers in this State pursuant to this chapter.

      2.  A developer who files an abbreviated registration pursuant to subsection 1 shall, in addition to paying the fee for an initial permit required by NRS 119A.360, provide to the Division:

      (a) The developer’s legal name, any assumed names used by the developer and the developer’s principal office location, mailing address, primary contact person and telephone number;

      (b) The name, location, mailing address, primary contact person and telephone number of the time-share plan;

      (c) The name and principal address of the developer’s authorized project broker who must be a real estate broker licensed to maintain offices within this State;

      (d) The name and principal address of all sales and marketing entities and the manager of the time-share plan;

      (e) Evidence of registration and compliance with the laws and regulations of the state or jurisdiction in which the time-share plan is located, approved or accepted;

      (f) A brief description as to whether the time-share plan contains one or more component sites and a brief description of the types of time shares offered in the time-share plan;

      (g) Disclosure of each jurisdiction in which the developer has applied for registration of the time-share plan and whether the time-share plan or its developer was denied registration or was the subject of any disciplinary proceeding;

      (h) Copies of any disclosure documents required to be given to purchasers or required to be filed with the state or jurisdiction in which the time-share plan is located, approved or accepted;

      (i) A copy of the current annual or projected budget for the association if not otherwise included in the disclosure documents; and

      (j) Any other information regarding the developer, time-share plan, project broker, manager or sales and marketing entities as established by the Division by regulation.

      3.  A developer of a time-share plan with units located solely in this State may not file an abbreviated application.

 


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

ê2013 Statutes of Nevada, Page 3510 (Chapter 539, AB 404)ê

 

      4.  Upon acceptance of the abbreviated registration by the Division, the developer shall provide to each purchaser, in lieu of the public offering statement required to be provided pursuant to the provisions of NRS 119A.400, a copy of the public report, public offering statement or other disclosure document which complies with paragraph (b) of subsection 1, including a cover page which states that such disclosure document has been approved for use by the Real Estate Division of the Department of Business and Industry.

      Sec. 5. NRS 119A.010 is hereby amended to read as follows:

      119A.010  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 119A.020 to 119A.160, inclusive, and sections 1.2 to 2, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 6.  (Deleted by amendment.)

      Sec. 7. NRS 119A.090 is hereby amended to read as follows:

      119A.090  “Project broker” means any person who coordinates the sale of time shares for [a] one or more time-share [plan and to whom sales agents and representatives are responsible.] plans on behalf of one or more developers and who is licensed as a real estate broker pursuant to the provisions of chapter 645 of NRS.

      Sec. 8. NRS 119A.100 is hereby amended to read as follows:

      119A.100  “Public offering statement” means a [report, issued by the Administrator] disclosure document prepared and signed by the developer and approved or deemed approved for use by the Division pursuant to the provisions of this chapter, which [authorizes a developer to offer to sell or sell time shares in the time-share plan which is the subject of the report.] contains the information required by this chapter and any regulations adopted pursuant thereto.

      Sec. 9. NRS 119A.130 is hereby amended to read as follows:

      119A.130  “Sales agent” means a person who, on behalf of a developer [,] and under the direct supervision of a real estate broker licensed pursuant to the provisions of chapter 645 of NRS, sells or offers to sell a time share to a purchaser or who, if he or she is not registered as a representative, may act to induce other persons to attend a sales presentation on the behalf of a developer.

      Sec. 10. NRS 119A.156 is hereby amended to read as follows:

      119A.156  “Time-share resale broker” means a person who is licensed pursuant to the provisions of chapter 645 of NRS and is registered as a time-share resale broker pursuant to the provisions of this chapter [.] and who, for compensation, lists, advertises, transfers, assists in transferring, promotes for resale or solicits prospective purchasers for previously sold time shares on behalf of an owner other than a developer.

      Sec. 11. NRS 119A.170 is hereby amended to read as follows:

      119A.170  1.  [The] Unless the method of disposition is adopted to evade the provisions of this chapter or chapter 645 of NRS, the provisions of this chapter, except subsection 4, do not apply to:

      (a) The sale of 12 or fewer time shares in a time-share [project] plan; [or the sale of 12 or fewer time shares in the same subdivision;]

      (b) The sale or transfer of a time share by an owner who is not the developer, unless the time share is sold in the ordinary course of business of that owner;

      (c) Any transfer of a time share:

 


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

ê2013 Statutes of Nevada, Page 3511 (Chapter 539, AB 404)ê

 

             (1) By deed in lieu of foreclosure;

             (2) At a foreclosure sale; or

             (3) By the resale of a time share by an association that has been acquired by [an] that association : [by]

                   (I) By termination of a contractual right of occupancy;

                   (II) By deed in lieu of foreclosure , other transfer or termination; or [at]

                   (III) At a foreclosure sale [;] ,

Ê provided that the association or its agent delivers to the purchaser the disclosures required by subsections 2 and 3 of NRS 119A.4775 and gives the purchaser the statement of the right of cancellation required by NRS 119A.410;

      (d) A gratuitous transfer of a time share;

      (e) A transfer by devise or descent or a transfer to an inter vivos trust; or

      (f) The sale or transfer of the right to use and occupy a unit on a periodic basis which recurs over a period of less than 5 years . [,

Ê unless the method of disposition is adopted to evade the provisions of this chapter or chapter 645 of NRS.]

      2.  Any campground or developer who is subject to the requirements of chapter 119B of NRS and complies with those provisions is not required to comply with the provisions of this chapter.

      3.  The Division may waive any provision of this chapter if it finds that the enforcement of that provision is not necessary in the public interest or for the protection of purchasers.

      4.  The provisions of chapter 645 of NRS apply to the sale of time shares, except any sale of a time share to which this chapter applies [,] and except any provisions of this chapter expressly excluding the applicability of the provisions of chapter 645 of NRS, and for [that] the purpose of applying the provisions of chapter 645 of NRS, the terms “real property” and “real estate” as used in chapter 645 of NRS shall be deemed to include a time share, whether it is an interest in real property or merely a contractual right to occupancy.

      Sec. 12. NRS 119A.172 is hereby amended to read as follows:

      119A.172  The provisions of this chapter and chapter 645 of NRS relating to real estate brokers and sales agents do not apply to an owner, other than a developer, who, for compensation, refers prospective purchasers to a developer or an association or an employee or agent of the developer [,] or association, if the owner:

      1.  Refers to [the] a developer or an association or an employee or agent of the developer [,] or association, or any combination thereof, not more than 20 prospective purchasers within any 1 calendar year; and

      2.  Does not [show a unit to the prospective purchaser,] discuss with the prospective purchaser the terms and conditions of the purchase or otherwise participate in negotiations relating to the sale of the time share.

      Sec. 13. NRS 119A.190 is hereby amended to read as follows:

      119A.190  1.  The Division may:

      [1.](a) Adopt regulations [which] :

             (1) Which are necessary to carry out the provisions of this chapter.

             (2) Regarding the content of advertisements relating to time shares.

      [2.](b)Employ such legal counsel, investigators and other professional consultants as are necessary to carry out the provisions of this chapter [.] , including, without limitation, for the review of a statement of record filed pursuant to NRS 119A.300 or section 4.4 of this act.

 


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

ê2013 Statutes of Nevada, Page 3512 (Chapter 539, AB 404)ê

 

including, without limitation, for the review of a statement of record filed pursuant to NRS 119A.300 or section 4.4 of this act.

      2.  The Division shall publish on its official Internet website, or otherwise make public for at least 30 days before the adoption by the Division, any form proposed to be used by the Division under this chapter. The Division shall consider comments on any such proposed form before its adoption.

      Sec. 14. NRS 119A.210 is hereby amended to read as follows:

      119A.210  1.  The Administrator shall issue a sales agent’s license to each applicant who submits an application to the Division, in the manner provided by the Division, which includes:

      (a) Satisfactory evidence, affirmed by the project broker or another acceptable source, that the applicant has completed 14 hours of instruction in:

             (1) Ethics.

             (2) The applicable laws and regulations relating to time shares.

             (3) Principles and practices of selling time shares.

      (b) Satisfactory evidence that the applicant has a reputation for honesty, trustworthiness and competence.

      (c) A designation of the [developer for whom the applicant proposes to sell time shares.] project broker who will supervise the sales agent.

      (d) The social security number of the applicant.

      (e) Any further information required by the Division, including the submission by the applicant to any investigation by the police or the Division.

      2.  In addition to or in lieu of the 14 hours of instruction required by paragraph (a) of subsection 1, the applicant may be required to pass an examination which may be adopted by the Division to examine satisfactorily the knowledge of the applicant in those areas of instruction listed in paragraph (a) of subsection 1.

      3.  Each applicant must submit the statement required pursuant to NRS 119A.263 and pay the fees provided for in this chapter.

      4.  Each applicant must, as part of his or her application and at the applicant’s own expense:

      (a) Arrange to have a complete set of his or her fingerprints taken by a law enforcement agency or other authorized entity acceptable to the Division; and

      (b) Submit to the Division:

             (1) A completed fingerprint card and written permission authorizing the Division to submit the applicant’s fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for a report on the applicant’s background and to such other law enforcement agencies as the Division deems necessary; or

             (2) Written verification, on a form prescribed by the Division, stating that the fingerprints of the applicant were taken and directly forwarded electronically or by another means to the Central Repository and that the applicant has given written permission to the law enforcement agency or other authorized entity taking the fingerprints to submit the fingerprints to the Central Repository for submission to the Federal Bureau of Investigation for a report on the applicant’s background and to such other law enforcement agencies as the Division deems necessary.

      5.  The Division may:

 


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

ê2013 Statutes of Nevada, Page 3513 (Chapter 539, AB 404)ê

 

      (a) Unless the applicant’s fingerprints are directly forwarded pursuant to subparagraph (2) of paragraph (b) of subsection 4, submit those fingerprints to the Central Repository for submission to the Federal Bureau of Investigation and to such other law enforcement agencies as the Division deems necessary; and

      (b) Request from each such agency any information regarding the applicant’s background as the Division deems necessary.

      6.  A person who is licensed as a real estate salesperson pursuant to chapter 645 of NRS is not required to obtain a license pursuant to the provisions of this section.

      7.  A sales agent is not required to be licensed pursuant to the provisions of chapter 645 of NRS.

      8.  Each sales agent’s license issued pursuant to this section expires 2 years after the last day of the calendar month in which it was issued and must be renewed on or before that date. Each licensee who submits the statement required pursuant to NRS 119A.263 and meets the requirements for renewal may renew his or her license upon the payment of the renewal fee before his or her license expires.

      [8.]9.  If a licensee fails to renew his or her license before it expires, the license may be reinstated if the licensee submits the statement and pays the renewal fee and the penalty specified in NRS 119A.360 within 1 year after the license expires.

      [9.]10.  The Administrator may adopt regulations establishing and governing requirements for the continuing education of sales agents.

      Sec. 15. NRS 119A.220 is hereby amended to read as follows:

      119A.220  1.  A sales agent may work for only one project broker at any one time at the location designated in the license.

      2.  A project broker shall give written notice to the Division of a change of association of any sales agent associated with the project broker within 10 days after that change.

      3.  The project broker, upon the termination of the employment of any sales agent associated with the project broker, shall submit that agent’s license to the Division.

      4.  If a sales agent changes his or her association with any project broker or changes his or her location [with the same project broker,] designated in the license, the sales agent must apply to the Division for the reissuance of his or her license for its unexpired term. The application must be accompanied by a fee of $10.

      5.  A sales agent may only become associated with a project broker who certifies to the sales agent’s honesty, trustworthiness and good reputation.

      Secs. 16 and 17.  (Deleted by amendment.)

      Sec. 18. NRS 119A.240 is hereby amended to read as follows:

      119A.240  1.  The Administrator shall register as a representative each applicant who:

      (a) Submits proof satisfactory to the Division that the applicant has a reputation for honesty, trustworthiness and competence;

      (b) Applies for registration in the manner provided by the Division;

      (c) Submits the statement required pursuant to NRS 119A.263; and

      (d) Pays the fees provided for in this chapter.

      2.  An application for registration as a representative must include the social security number of the applicant.

 


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

ê2013 Statutes of Nevada, Page 3514 (Chapter 539, AB 404)ê

 

      3.  A representative is not required to be licensed pursuant to the provisions of chapter 645 of NRS.

      Sec. 19. NRS 119A.260 is hereby amended to read as follows:

      119A.260  1.  A representative shall not negotiate [or make representations concerning the merits or value of a time-share plan or a project.] the sale of, or discuss prices of, a time share. A representative may only induce and solicit persons to attend promotional meetings for the sale of time shares and distribute information on behalf of a developer.

      2.  The representative’s activities must strictly conform to the methods for the procurement of prospective purchasers which have been approved by the Division.

      3.  The representative shall comply with [the same] any applicable standards for conducting business as are applied to real estate brokers and salespersons pursuant to chapter 645 of NRS and the regulations adopted pursuant thereto.

      4.  A representative shall not make targeted solicitations of purchasers or prospective purchasers of time shares in another project [.] with which the representative is not associated. A developer or project broker shall not pay or offer to pay a representative a bonus or other type of special compensation to engage in such activity.

      Sec. 20. NRS 119A.270 is hereby amended to read as follows:

      119A.270  A developer shall not:

      1.  Offer to sell any time shares in this state unless the developer holds either a preliminary permit to sell time shares or a permit to sell time shares issued by the Administrator [.] pursuant to the provisions of this chapter.

      2.  Sell any time shares in this state unless the developer holds a permit to sell time shares issued by the Administrator [.] pursuant to the provisions of this chapter.

      3.  Offer to sell or sell a time share in this state unless the developer has named a person to act as a project broker.

      4.  Offer to sell or sell a time share in this state except through a project broker.

      Sec. 21. NRS 119A.280 is hereby amended to read as follows:

      119A.280  1.  The Administrator may issue an order directing a developer to cease engaging in activities for which the developer has not received or been deemed to have received a permit under this chapter or conducting activities in a manner not in compliance with the provisions of this chapter or the regulations adopted pursuant thereto.

      2.  The order to cease must be in writing and must [state that, in the opinion of the Administrator, the developer has not been issued a permit for the activity or the terms of the permit do not allow the developer to conduct the activity in that manner.] describe the violation in sufficient detail to inform the developer of the aspect in which it has failed to comply with the provisions of this chapter. The developer shall not engage in any activity regulated by this chapter after the developer receives such an order.

      3.  Within 30 days after receiving such an order, a developer may file a verified petition with the Administrator for a hearing. The Administrator shall hold a hearing within 30 days after the petition has been filed. If the Administrator fails to hold a hearing within 30 days, or does not render a written decision within 45 days after the final hearing, the cease and desist order is rescinded.

 


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

ê2013 Statutes of Nevada, Page 3515 (Chapter 539, AB 404)ê

 

      4.  If the decision of the Administrator after a hearing is against the person ordered to cease and desist, the person may appeal that decision by filing, within 30 days after the date on which the decision was issued, a petition in the district court for the county in which the person conducted the activity. The burden of proof in the appeal is on the appellant. The court shall consider the decision of the Administrator for which the appeal is taken and is limited solely to a consideration and determination of the question of whether there has been an abuse of discretion on the part of the Administrator in making the decision.

      5.  In lieu of the issuance of an order to cease such activities, the Administrator may enter into an agreement with the developer in which the developer agrees to:

      (a) Discontinue the activities that are not in compliance with this chapter;

      (b) Pay all costs incurred by the Division in investigating the developer’s activities and conducting any necessary hearings; and

      (c) Return to the purchasers any money or property which the developer acquired through such violations.

Ê Except as otherwise provided in NRS 239.0115, the terms of such an agreement are confidential unless violated by the developer.

      Sec. 22. NRS 119A.290 is hereby amended to read as follows:

      119A.290  1.  The Administrator shall issue a preliminary permit to sell time shares to each applicant who:

      (a) Submits proof satisfactory to the [Division] Administrator that all of the requirements for a permit to sell time shares will be met;

      (b) Applies for the preliminary permit in the manner provided by the Division; and

      (c) Pays the fee provided for in this chapter.

      2.  A preliminary permit entitles the developer to solicit and accept reservations to purchase time shares.

      Sec. 23. NRS 119A.300 is hereby amended to read as follows:

      119A.300  Except as otherwise provided in NRS 119A.310, the Administrator shall issue [a public offering statement and a] an initial permit to sell time shares to each applicant who:

      1.  [Submits an application,] Files by electronic means or in [the] any other manner [provided] prescribed by the [Division, which includes:

      (a)]Administrator, a statement of record which includes:

      (a) The name and address of the project broker;

      (b) A copy of each time-share instrument that relates to the time-share plan;

      (c) A preliminary title report for the project issued within 30 days before submission of the application and copies of the documents listed as exceptions in the report;

      (d) Copies of any other documents which relate to the time-share plan or the project, including any contract, agreement or other document to be used to establish and maintain an association and to provide for the management of the time-share plan or the project, or both;

      (e) Copies of instructions for escrow, deeds, sales contracts and any other documents that will be used in the sale of the time shares;

      (f) A copy of any proposed trust agreement which establishes a trust for the time-share plan or the project, or both;

 


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

ê2013 Statutes of Nevada, Page 3516 (Chapter 539, AB 404)ê

 

      (g) Documents which show the current assessments for property taxes on the project;

      (h) Documents which show compliance with local zoning laws;

      (i) If the units which are the subject of the time-share plan are in a condominium project, or other form of common-interest ownership of property, documents which show that use of the units is in compliance with the documents which created the common-interest ownership;

      (j) Copies of all documents which will be given to a purchaser who is interested in participating in a program for the exchange of occupancy rights among owners and copies of the documents which show acceptance of the time-share plan in such a program;

      (k) A copy of the budget or a projection of the operating expenses of the association, if applicable;

      (l) For a points-based time-share plan, a copy of the current point-value use directory and the rules and procedures for changes by the developer or the association to the manner in which point values may be used;

      (m) A financial statement of the developer; and

      [(m) Such other information as the Division,]

      (n) A public offering statement in a form prescribed by regulation [, requires;] of the Division; [and]

      2. Pays the fee for an initial permit provided for in [this chapter.] NRS 119A.360; and

      3.  Corrects any deficiencies in the application, including, without limitation, any deficiencies in the public offering statement.

      Sec. 24.  NRS 119A.305 is hereby amended to read as follows:

      119A.305  The terms and conditions of the documents and agreements submitted pursuant to NRS 119A.300 which relate to the creation and management of the time-share plan and to the sale of time shares and to which the applicant or an affiliate of the applicant is a party must be described in the public offering statement and constitute [additional] the terms and conditions of the applicant’s permit to sell time shares.

      Sec. 25. NRS 119A.310 is hereby amended to read as follows:

      119A.310  1.  The Administrator shall deny an application for a permit to sell time shares if the Administrator finds that:

      (a) The developer failed to comply with any of the provisions of this chapter or the regulations adopted by the Division; or

      (b) The developer, any affiliate of the developer or any officer of the developer or an affiliate of the developer, has:

             (1) Been convicted of or pleaded nolo contendere to forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud or other crime involving moral turpitude;

             (2) Been the subject of a judgment in any civil or administrative action, including a proceeding to revoke or suspend a license, involving fraud or dishonesty;

             (3) Been permanently enjoined by a court of competent jurisdiction from selling real estate, time shares or securities in an unlawful manner;

             (4) Had a registration as a broker-dealer in securities or a license to act as a real estate broker or salesperson, project broker or sales agent revoked;

             (5) Been convicted of or pleaded nolo contendere to selling time shares without a license; or

 


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

ê2013 Statutes of Nevada, Page 3517 (Chapter 539, AB 404)ê

 

             (6) Had a permit to sell time shares, securities or real estate revoked.

      2.  The Administrator may deny an application for a permit to sell time shares if the Administrator finds that the developer [, or any affiliate of the developer,] has failed to offer satisfactory proof that it has a good reputation for honesty, trustworthiness, integrity and competence to transact the business of a developer in a manner which safeguards the interests of the public.

      3.  The burden of proof is on the developer to establish to the satisfaction of the [Division] Administrator that the developer is [qualified to receive a license.] competent to transact the business of the developer in a manner which safeguards the interests of the public.

      4.  If a developer has substantially complied with the provisions of this chapter in good faith, a nonmaterial error or omission is not sufficient grounds to deny a permit.

      Sec. 26. NRS 119A.320 is hereby amended to read as follows:

      119A.320  1.  The [Division] Administrator shall , [issue an order,] within [30] 60 days after the receipt of an initial application for a permit to sell time shares [, notifying] in a time-share plan containing only one component site, regardless of whether additional component sites may be added later by an amendment to the filing, notify the applicant of its decision to:

      (a) Issue a permit to sell time shares;

      (b) Issue a preliminary permit to sell time shares, including a list of all deficiencies, if any, which must be corrected before a permit is issued; or

      [(b)](c) Deny the application and in a notice of deficiency list all the reasons for denial [.] in sufficient detail to allow the developer to correct the deficiencies.

      2.  The Administrator shall, within 120 days after the receipt of an initial application for a permit to sell time shares in a time-share plan containing more than one component site, notify the applicant of its decision to:

      (a) Issue a permit to sell time shares;

      (b) Issue a preliminary permit to sell time shares, including a list of all deficiencies, if any, which must be corrected before a permit is issued; or

      (c) Deny the application and in a notice of deficiency list all the reasons for denial in sufficient detail to allow the developer to correct the deficiencies.

      3.  The developer may submit evidence that the deficiencies in the application described in the notice of deficiency issued pursuant to paragraph (c) of subsection 1 or paragraph (c) of subsection 2, as applicable, have been corrected within 90 days after the developer receives the notice of deficiency or within such extended time period as approved by the Division in writing.

      4.  The [Division] Administrator shall, within [45] 30 days after:

      (a) The receipt of evidence that the deficiencies in the application for a permit to sell time shares are [cured,] corrected, issue a permit to sell time shares or deny the application and list the specific reasons for denial; or

      (b) The issuance of a preliminary permit [,] and receipt of evidence that all the requirements for the issuance of a permit to sell time shares have been met, issue [a] the permit to sell time shares.

      5.  If it is in the public interest that the Administrator issue a second notice regarding the inadequate correction of any deficiencies in the application for a permit to sell time shares, then the Administrator shall issue such a second notice within 30 days after the developer submits evidence to correct the deficiencies identified pursuant to paragraph (c) of subsection 1, paragraph (c) of subsection 2 or subsection 3, as applicable.

 


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

ê2013 Statutes of Nevada, Page 3518 (Chapter 539, AB 404)ê

 

application for a permit to sell time shares, then the Administrator shall issue such a second notice within 30 days after the developer submits evidence to correct the deficiencies identified pursuant to paragraph (c) of subsection 1, paragraph (c) of subsection 2 or subsection 3, as applicable.

      6.  If the developer fails to correct all the deficiencies after a second notice of deficiency is issued pursuant to subsection 5, the Administrator may deny the application and require the developer to pay a filing fee equal to one-half of the filing fee for an initial permit set forth in subsection 1 of NRS 119A.360.

      Sec. 27. NRS 119A.330 is hereby amended to read as follows:

      119A.330  1.  If the Administrator denies an application for a permit to sell time shares, an amendment to the statement of record or the renewal of a permit to sell time shares, the applicant may, within 30 days, file a written request for a hearing. The Administrator shall set the matter for hearing to be conducted within 90 days after receipt of the applicant’s request, unless the applicant requests a postponement of the hearing at least 3 working days before the date set for hearing. If such a request is made by the applicant, the date of the hearing must be agreed upon between the Division and the applicant.

      2.  If the Division fails to:

      (a) Hold the hearing within 90 days or within the extended time if a postponement is requested;

      (b) Render its decision within 60 days after the hearing; or

      (c) Notify the applicant in writing, by its order, within 15 days after its decision was made,

Ê the order of denial expires and the Division shall issue, within 15 days, a permit to sell time shares to the developer.

      Sec. 28. NRS 119A.340 is hereby amended to read as follows:

      119A.340  If a project has not been completed before the issuance of a permit to sell time shares, the [permit] public offering statement must state the estimated date of completion and:

      1.  The developer shall [deliver to the agency] establish to the satisfaction of the Administrator that a bond has been issued in an amount [and upon terms approved by the division] necessary to assure completion of the project free of any liens, [which is payable to the Division for the benefit of the purchasers of the time-share property and] which remains in effect until the project is completed free of all liens;

      2.  A cash deposit to cover the estimated costs of completing the project must be deposited with an escrow agent under an agreement which is approved by the [Division;] Administrator; or

      3.  The developer shall make any other arrangement which is approved by the [Division.] Administrator and necessary to safeguard the interests of the public.

      Sec. 29. NRS 119A.350 is hereby amended to read as follows:

      119A.350  1.  The Division [shall,] may, before issuing any permit or license pursuant to the provisions of this chapter, fully investigate all information submitted to it as required by this chapter and , [may,] if necessary, inspect the property which is the subject of any application. All reasonable expenses incurred by the Division in carrying out the investigation or inspection must be paid by the applicant and no license or permit may be issued until those expenses have been paid.

 


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

ê2013 Statutes of Nevada, Page 3519 (Chapter 539, AB 404)ê

 

      2.  Payments received by the Division pursuant to this section must be deposited in the State Treasury for credit to the Real Estate Investigative Account. The Administrator shall use the money in the Account to pay the expenses of agents and employees of the Division making the investigations pursuant to this section. The Administrator may advance money to them for those expenses when appropriate.

      Sec. 30. NRS 119A.355 is hereby amended to read as follows:

      119A.355  1.  A permit must be renewed annually by the developer by filing an application with and paying the fee for renewal to the Administrator. The application must be filed and the fee paid not later than 30 days before the date on which the permit expires. The application must include the budget of the association and any material change that has occurred in the information previously provided to the Administrator or in a public offering statement [of disclosure] provided to a prospective purchaser pursuant to the provisions of NRS 119A.400.

      2.  The renewal of a permit with no material changes to the public offering statement is effective on the 30th day after the filing of the application unless the Administrator:

      (a) [Denies] Issues a written denial of the renewal pursuant to NRS 119A.654 [or for any other reason;] describing the reasons for denial in sufficient detail to allow the developer to correct the deficiencies; or

      (b) Approves the renewal on an earlier date.

      3.  The Division shall, within 30 days after the receipt of evidence that the deficiencies in the application for renewal of a permit to sell time shares are corrected, renew the permit to sell time shares or deny the renewal and list the specific reasons for denial.

      4.  If the Administrator fails to take any action described in subsection 3, the renewal of the permit to sell time shares shall be deemed issued by the Division.

      Sec. 31. (Deleted by amendment.)

      Sec. 32. NRS 119A.360 is hereby amended to read as follows:

      119A.360  1.  The Division shall collect the following fees at [such times and upon such conditions as it may provide by regulation:] the time of filing:

 

For each application for the registration of a representative. [$85] $100

For each renewal of the registration of a representative............. [85] 100

For each transfer of the registration of a representative to a different developer       [20] 25

For each penalty for a late renewal of the registration of a representative      [40] 75

For each preliminary permit to sell time shares........................... [275] 400

For each initial permit to sell time shares [, per subdivision. 500] 1,500

For each amendment to a [public offering] statement of record after the issuance of the [report] permit to sell time shares, where no new component sites are added............. [150] 200

 


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

ê2013 Statutes of Nevada, Page 3520 (Chapter 539, AB 404)ê

 

For each amendment to a statement of record after the issuance of the permit to sell time shares, where one or more new component sites are added, not including the addition of units to a component site previously permitted........................................................................................... $500

For each annual renewal of a permit to sell time shares with only one component site   750

For each annual renewal of a permit to sell time shares with more than one component site   [500] 1,500

For each initial registration of a time-share resale broker............ 300

For each renewal of the registration of a time-share resale broker 150

For each original and annual registration of a manager.............. [75] 100

For each application for an original license as a sales agent.... [175] 200

For each renewal of a license as a sales agent............................ [175] 200

For each penalty for a late renewal of a license as a sales agent [75] 100

For each change of name or address of a licensee or status of a license [20] 25

For each duplicate license, permit or registration where the original is lost or destroyed, and an affidavit is made thereof............................................................................................. [20] 25

For each annual approval of a course of instruction offered in preparation for an original license or permit    [100] 150

For each original accreditation of a course of continuing education [100] 150

For each renewal of accreditation of a course of continuing education [50] 75

 

      2.  [Each developer shall pay an additional fee for each time share the developer sells in a time-share plan over 50 pursuant to the following schedule:

 

                                                                                                                 Amount to be

             Number of time shares                                                    paid per time share

 

                        51—250.......................................................................................... $5.00

                      251—500............................................................................................ 4.00

                      501—750............................................................................................ 3.00

                    751—1500............................................................................................ 2.50

                     over 1500........................................................................................... 1.00]

 

Within 10 days after receipt of written notification from the Administrator of the approval of the application for a permit to sell time shares and before the issuance of the permit to sell time shares, or within 10 days after an amendment that adds time shares to the time-share plan is approved or deemed approved, each developer shall, for each time share that the developer includes in the initial time-share plan or adds to the time-share plan by amendment, pay a one-time fee of:

 


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

ê2013 Statutes of Nevada, Page 3521 (Chapter 539, AB 404)ê

 

      (a) For each such time share up to and including 1,499 time shares, $3.

      (b) For each such time share over 1,499 time shares, $1.50.

Ê For the purposes of calculating the amount of the fee payable under this subsection, “time share” means the right to use and occupy a unit for 7 days or more per calendar year.

      3.  Except for the fees relating to the registration of a representative, the Administrator may reduce the fees established by this section if the reduction is equitable in relation to the costs of carrying out the provisions of this chapter.

      4.  The Division shall adopt regulations which establish the fees to be charged and collected by the Division to pay the costs of:

      (a) Any examination for a license, including any costs which are necessary for the administration of such an examination.

      (b) Any investigation of a person’s background.

      Sec. 33. NRS 119A.380 is hereby amended to read as follows:

      119A.380  1.  Each time-share plan must be created by one or more time-share instruments.

      2.  A time-share instrument must provide:

      (a) A legal description and the physical address of the project;

      (b) The name of the time-share plan;

      (c) A system for establishing [the permanent] and identifying [numbers of] the time shares [;] in the time-share plan;

      (d) For assessment of the expenses of the time-share plan and an allocation of those expenses among the time shares;

      (e) The voting rights which are assigned to each time share;

      (f) If applicable, the procedure to add units and other real estate to, and to withdraw units and other real estate from, the time-share plan, and the method of reallocating expenses among the time shares after any such addition or withdrawal;

      (g) The maximum number of time shares that may be created under the time-share plan;

      (h) For selection of the trustee for insurance which is required to be maintained by the association or the developer;

      (i) For maintenance of the units;

      (j) For management of the time-share plan;

      (k) A procedure to amend the time-share instrument; and

      (l) The rights of the purchaser relating to the occupancy of the unit.

      3.  A time-share instrument may provide for:

      (a) The developer’s reserved rights;

      (b) Cumulative voting, but only for the purpose of electing the members of the board; and

      (c) The establishment of:

             (1) Separate voting classes based on the size or type of unit to which the votes are allocated; and

             (2) A separate voting class for the developer during the period in which the developer is in control.

      4.  The provisions of a time-share instrument are severable.

      5.  The rule against perpetuities and NRS 111.103 to 111.1039, inclusive, do not apply to defeat any provisions of a time-share instrument.

      6.  With respect to time-share plans governed by the law of another state or component sites of a time-share plan located outside of this State, the instrument creating and governing the time-share plans or such component sites must be in compliance with the applicable laws of the state or jurisdiction under which the time-share plan is formed or in which the component sites are located.

 


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

ê2013 Statutes of Nevada, Page 3522 (Chapter 539, AB 404)ê

 

the instrument creating and governing the time-share plans or such component sites must be in compliance with the applicable laws of the state or jurisdiction under which the time-share plan is formed or in which the component sites are located. If the laws of the state or jurisdiction under which the time-share plan is formed or in which the component sites of such time-share plan are located conflict with the requirements of this chapter, the laws of the other state or jurisdiction control. If the time-share instrument provides for the matters set forth in subsections 1 and 2, the association and the developer shall be deemed to be in compliance with the requirements of this section and are not required to revise a time-share instrument to comply with this chapter.

      Sec. 34. (Deleted by amendment.)

      Sec. 35. NRS 119A.400 is hereby amended to read as follows:

      119A.400  1.  Each developer, through his or her project broker and sales agents, shall provide each prospective purchaser with a copy of the developer’s public offering statement [which must contain a copy of the developer’s permit to sell time shares.] and an addendum to the public offering statement summarizing any pending amendments to the public offering statement that have been submitted to the Division but have not yet been approved, along with a statement to the purchaser that the amendment has been submitted to the Division for approval. The public offering statement must contain the date the permit was originally issued and its effective date. A prospective purchaser may request to receive the public offering statement in electronic format or paper format. If the prospective purchaser requests the public offering statement in electronic format, the developer shall provide to the purchaser the statement of the right of cancellation pursuant to NRS 119A.410 in a single separate document.

      2.  The project broker or sales agent shall review the public offering statement with each prospective purchaser before the execution of any contract for the sale of a time share and obtain a receipt signed by the purchaser for a copy of the public offering statement.

      3.  If a contract is signed by the purchaser, the signed receipt for a copy of the public offering statement must be kept by the project broker for 3 years and is subject to such inspections and audits as may be prescribed by regulations adopted by the Division.

      Sec. 36. NRS 119A.420 is hereby amended to read as follows:

      119A.420  All money, negotiable instruments or other deposits pertaining to the sale of a time share which are received from a purchaser must be placed in an escrow [, pursuant to an agreement approved by the Division, with an escrow agent or a trustee.] account established to the satisfaction of the Division and held until such time as the right to cancel the contract of sale pursuant to NRS 119A.410 has expired and the purchaser has failed to cancel the contract of sale. In lieu of placing such deposits in an escrow account, the developer or project broker may establish to the satisfaction of the Division that a surety bond has been posted for the benefit of purchasers in the project in the amount of:

      1.  Twenty-five thousand dollars; or

      2.  The highest monthly total amount of deposits received by a project broker,

Ê whichever is greater.

 


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

ê2013 Statutes of Nevada, Page 3523 (Chapter 539, AB 404)ê

 

      Sec. 37. NRS 119A.430 is hereby amended to read as follows:

      119A.430  [Escrow] The sale of a time share to a purchaser may not be closed unless the developer has provided satisfactory evidence to the Administrator that:

      1.  The project is free and clear of any blanket encumbrance;

      2.  Each person who holds an interest in the blanket encumbrance has executed an agreement, approved by the Administrator, to subordinate his or her rights to the rights of the purchaser;

      3.  Title to the project has been conveyed to a trustee;

      4.  All holders of a lien recorded against the project have recorded an instrument providing for the release and reconveyance of each time share from the lien upon the payment of a specified sum or the performance of a specified act;

      5.  The developer has obtained and recorded one or more binding nondisturbance agreements acceptable to the Administrator, that:

      (a) Are executed by the developer, all holders of a lien recorded against the project and any other person whose interest in the project could defeat the rights or interests of any purchaser under the time-share instrument or contract of sale; and

      (b) Provide that any person whose interest in the project could defeat the rights or interests of any purchaser under the time-share instrument or contract of sale takes title to the project subject to the rights of the purchasers; or

      6.  Alternative arrangements have been made which are adequate to protect the rights of the purchasers of the time shares and approved by the Administrator.

      Sec. 38. NRS 119A.460 is hereby amended to read as follows:

      119A.460  If a trust is created pursuant to [a requirement of this chapter,] subsection 3 of NRS 119A.430, the:

      1.  Trustee must be approved by the Administrator.

      2.  Trust must be irrevocable, unless otherwise provided by the [Division.] Administrator.

      3.  Trustee must not be permitted to encumber the property unless permission to do so has been given by the [Division.] Administrator.

      4.  Association or each owner must be made a third-party beneficiary.

      5.  Trustee must be required to give at least 30 days’ notice in writing of his or her intention to resign to the association, if it has been formed, and to the [Division,] Administrator, and the [Division] Administrator must approve a substitute trustee before the resignation of the trustee may be accepted.

      Sec. 39. NRS 119A.470 is hereby amended to read as follows:

      119A.470  1.  If title to a project is conveyed to a trustee pursuant to subsection 3 of NRS 119A.430, before escrow closes for the sale of the first time share, the developer must provide the [Division] Administrator with satisfactory evidence that:

      (a) Title to the project has been conveyed to the trustee.

      (b) All proceeds received by the developer from the sales of time shares are being delivered to the trustee and deposited in a fund which has been established to provide for the payment of any taxes, costs of insurance or the discharge of any lien recorded against the project.

      2.  The trustee shall pay the charges against the trust in the following order:

 


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

ê2013 Statutes of Nevada, Page 3524 (Chapter 539, AB 404)ê

 

      (a) Trustee’s fees and costs.

      (b) Payment of taxes.

      (c) Payments due any holder of a lien recorded against the project.

      (d) Any other payments authorized by the document creating the trust.

      3.  The Administrator may inspect the records relating to the trust at any reasonable time.

      Sec. 40. NRS 119A.475 is hereby amended to read as follows:

      119A.475  1.  Where any part of the statement of record, when that part became effective, contained an untrue statement of a material fact or omitted to state a material fact required to be stated therein, the Administrator or any person acquiring a time share from the developer or his or her agent during the period the public offering statement remained uncorrected (unless it is proved that at the time of the acquisition the Administrator or purchaser knew of the untruth or omission) may sue the developer in any court of competent jurisdiction.

      2.  Any developer or agent who sells a time share:

      (a) In violation of this chapter; or

      (b) By means of a public offering statement which contained an untrue statement of a material fact required to be stated therein,

Ê may be sued by the Administrator or purchaser of the time share.

      3.  If a suit authorized under subsection 1 or 2 is brought by the purchaser, the purchaser is entitled to recover such damages as represent the difference between the amount paid for the time share and the reasonable cost of any permanent improvements thereto, and the lesser of:

      (a) The value thereof as of the time the suit was brought;

      (b) The price at which the time share has been disposed of in a bona fide market transaction before suit; or

      (c) The price at which the time share has been disposed of after suit in a bona fide market transaction but before judgment,

Ê or to rescission of the contract of sale and the refund of any consideration paid by the purchaser.

      4.  If a suit authorized under subsection 1 or 2 is brought by the Administrator, the Administrator may seek a declaration of the court that any person entitled to sue the developer or his or her agent under this section is entitled to the right of rescission and the refund of any consideration paid by him or her.

      5.  Every person who becomes liable to make any payment under this section may recover contribution as in cases of contract from any person who, if sued separately, would have been liable to make the same payment.

      6.  Reasonable attorney’s fees may be awarded to the prevailing party in any action brought under this section. Any action to rescind a contract of sale under this section must be brought within 1 year after the date of purchase or within 1 year after the date of the discovery of the misrepresentation giving rise to the action for rescission.

      7.  The provisions of this section are in addition to and not a substitute for any other right of a person to bring an action in any court for any act involved in the offering or sale of time shares or the right of the state to punish any person for any violation of any law.

      [8.  For the purposes of this section, “statement of record” means the information submitted to the Administrator by the developer in its application for a permit to offer to sell or sell time shares.]

 


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

ê2013 Statutes of Nevada, Page 3525 (Chapter 539, AB 404)ê

 

      Sec. 41. NRS 119A.4771 is hereby amended to read as follows:

      119A.4771  1.  A person who, on behalf of an owner other than a developer [, wishes] and for compensation, undertakes to list, advertise , transfer, assist in transferring or promote for resale, or solicit prospective purchasers of, more than 12 [or more] time shares in any 12-month period that were previously sold must:

      (a) Be licensed as a real estate broker pursuant to the provisions of chapter 645 of NRS; [and]

      (b) Register as a time-share resale broker with the Division by completing a form for registration provided by the Division [.] ; and

      (c) Pay any applicable fees.

      2.  A time-share resale broker shall renew his or her registration with the Division annually on a form provided by the Division [.] and pay any applicable fees.

      3.  Unless the method of resales of time shares is made to evade the provisions of this chapter, a person is not required to register pursuant to this section or to be licensed under chapter 645 of NRS as a time-share resale broker if the person:

      (a) [Has acquired fewer than 12 time shares and] Is a purchaser who acquires time shares for his or her own use and occupancy and who later [resells or] offers to resell [one or more] 12 or less of those time shares [; or] in any one calendar year;

      (b) Is a project broker who resells or offers to resell a time share in a project as an agent for a developer who holds a permit for the project [.] ; or

      (c) Is an owner, operator or publisher of a newspaper, periodical or Internet website, unless the owner, operator or publisher, alone or in combination with its affiliate, parent, subsidiary or agent, derives more than 10 percent of its gross revenue from providing advance fee listings. For the purposes of this paragraph, the calculation of gross revenue derived from providing advance fee listings includes the revenue of any affiliate, parent, agent and subsidiary of the owner, operator or publisher of the newspaper, periodical or Internet website. As used in this paragraph, “advance fee listings” has the meaning ascribed to it in NRS 645.004.

      Sec. 42. NRS 119A.4775 is hereby amended to read as follows:

      119A.4775  1.  [Before] If the purchaser of a previously sold time share purchases the time share through a time-share resale broker, the contract of sale must provide, in not less than 12-point boldface type, that the purchaser may cancel, by written notice, the contract of sale until midnight of the fifth calendar day after the date of execution of the contract.

      2.  Regardless of whether a time-share resale broker charges or collects an advance fee, before a purchaser signs any contract to purchase a time share that is offered for resale [,] through a time-share resale broker, the [person who is reselling the time share,] time-share resale broker, other than a developer, shall disclose [by a written document separate from] in the contract to purchase [a] the time share:

      (a) The period during which the purchaser may use the time share;

      (b) A legal description of the interest in the time share;

      (c) The earliest date that the prospective purchaser may use the time share;

      (d) The name, address and telephone number of the agent managing the time-share plan and the project;

 


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

ê2013 Statutes of Nevada, Page 3526 (Chapter 539, AB 404)ê

 

      (e) The place where the documents of formation of the association and documents governing the time-share plan and the project may be obtained;

      (f) The amount of the annual assessment of the association of the time share for the current fiscal year, if any;

      (g) Whether all assessments against the time share are paid in full, and the consequences of failure to pay any assessment;

      (h) Whether participation in any program for the exchange of occupancy rights among owners or with the owners of time shares in other time-share plans is mandatory; [and]

      (i) Any other information required to be disclosed pursuant to the regulations adopted by the Administrator pursuant to subsection [2.

      2.]4; and

      (j)The right to cancel the contract in subsection 1.

      3.  The purchaser must be provided, in either paper or electronic form, at the time the contract to purchase the previously sold time share is signed, copies of the time-share instruments governing the time-share plan.

      4.  The Administrator shall adopt regulations prescribing the form and contents of the [disclosure statement] disclosures described in this section.

      Sec. 43. NRS 119A.4777 is hereby amended to read as follows:

      119A.4777  1.  An agreement for [a time-share] the resale of a time share entered into by an owner of that time share and a [person] time-share resale broker who [resells a] lists or offers to resell that time share must:

      (a) Be in writing; [and]

      (b) Contain a provision in not less than 12-point boldface type that the owner may cancel, by written notice, the agreement with the time-share resale broker until midnight of the fifth calendar day after the date of execution of the agreement; and

      (c) Contain a written disclosure that sets forth:

             (1) Whether any person other than the purchaser may use the time share during the period before the time share is resold;

             (2) Whether any person other than the purchaser may rent the use of the time share during the period before the time share is resold;

             (3) The name of any person who will receive any rents or profits generated from the use of the time share during the period before the time share is resold; [and]

             (4) A detailed description of any relationship between the person who resells the time share and any other person who receives any benefit from the use of the time share [.] ; and

             (5) The right to cancel the agreement provided pursuant to paragraph (b).

      2.  [A person] The time-share resale broker who resells a time share shall provide a fully executed copy of the written agreement described in subsection 1 to the owner on the date that the owner signs the agreement.

      3.  [A person] The time-share resale broker who resells a time share shall make the disclosures required pursuant to paragraph [(b)] (c) of subsection 1 before accepting anything of value from the owner.

      Sec. 44. NRS 119A.4779 is hereby amended to read as follows:

      119A.4779  1.  In addition to the provisions of NRS 645.322, 645.323 and 645.324, a time-share resale broker who charges or collects an advance fee shall place 80 percent of that fee into his or her trust account. If the time-share resale broker closes escrow on the time-share resale, the time-share resale broker shall be deemed to have earned the advance fee. If the listing of the time share expires before the time-share resale broker closes escrow on the time-share resale, the time-share resale broker must return the money held in the trust account to the owner of the time share within 10 days after the date of the expiration of the listing.

 


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

ê2013 Statutes of Nevada, Page 3527 (Chapter 539, AB 404)ê

 

the time share expires before the time-share resale broker closes escrow on the time-share resale, the time-share resale broker must return the money held in the trust account to the owner of the time share within 10 days after the date of the expiration of the listing.

      2.  The contract for an advance fee listing must include the following disclosures to the owner of any previously sold time share:

      (a) A description of any fees or costs related to the services that the owner or any other person is required to pay to the time-share resale broker or to any third party;

      (b) A description of when any fees or costs are due; and

      (c) The disclosures required by paragraph (c) of subsection 1 of NRS 119A.4777.

      3.  A time-share resale broker who charges or collects an advance fee shall not:

      (a) State or imply to an owner that the time-share resale broker has identified a person interested in buying or renting the time share without providing the name, address and telephone number of such person;

      (b) State or imply to an owner that the time share has a specific resale value;

      (c) Fail to honor any cancellation notice sent by the owner by midnight of the fifth day after the date of execution of the contract; or

      (d) Fail to provide a full refund of all money paid by an owner within 20 days after receipt of a notice of cancellation.

      4.  If a time-share resale broker executes a contract that fails to comply with the provisions of subsection 2, such contract is voidable at the option of the owner for a period of 1 year after the date of execution.

      5.  Notwithstanding the obligations placed upon any other person by this section, the time-share resale broker shall supervise, manage and control all aspects of the resale offering. Any violation of the provisions of this section that occurs during such offering shall be deemed a violation by the time-share resale broker and by the person who actually committed the violation.

      6.  The use of any unfair or deceptive act or practice by any person in connection with the offering of a time share for resale is a violation of this section.

      7.  A violation of this section is an unfair or deceptive act or practice pursuant to NRS 207.170, 207.171, 598.0915 to 598.0925, inclusive, and chapters 598A and 599A of NRS.

      8.  Notwithstanding any other penalty provided for in this chapter or chapter 645 of NRS, a person who violates any provision of NRS 119A.4771 to 119A.4779, inclusive, is subject to a civil penalty of not more than $1,000 for each violation.

      Sec. 45. NRS 119A.480 is hereby amended to read as follows:

      119A.480  1.  If the interest of the developer is a leasehold interest, the lease, unless otherwise determined by the [Division,] Administrator, must provide that:

      (a) The lessee must give notice of termination of the lease for any default by the lessor to the association.

      (b) The lessor, upon any default of the lessee including bankruptcy of the lessee, shall enter into a new lease with the association upon the same terms and conditions as the lease with the developer.

      2.  The [Division] Administrator may require the developer to execute a bond or other type of security for the payment of the rental obligation.

 


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

ê2013 Statutes of Nevada, Page 3528 (Chapter 539, AB 404)ê

 

      Sec. 46. NRS 119A.530 is hereby amended to read as follows:

      119A.530  1.  [A] During any period in which the developer holds a valid permit and the developer or an affiliate of the developer is the manager, the developer or an affiliate of the developer shall provide for the management of the time-share plan and the project, by a written agreement with the association or, if there is no association, with the owners. The initial term of the agreement must expire upon the first annual meeting of the members of the association or at the end of 5 years, whichever comes first. All succeeding terms of the agreement must be renewed annually unless the manager refuses to renew the agreement or a majority of the members of the association who are entitled to vote, excluding the developer, notifies the manager of its refusal to renew the agreement.

      2.  The agreement must provide that:

      (a) The manager or a majority of the owners may terminate the agreement for cause.

      (b) The resignation of the manager will not be accepted until 90 days after receipt by the association, or if there is no association, by the owners, of the written resignation.

      (c) A fidelity bond must be delivered by the manager to the association.

      3.  An agreement entered into or renewed on or after October 1, 2001, must contain a detailed, itemized schedule of all fees, compensation or other property that the manager is entitled to receive for services rendered to the association or any member of the association or otherwise derived from the manager’s affiliation with the time-share plan or the project, or both, unless the manager is the developer or an affiliate of the developer. Upon the request of the association, the manager shall disclose to the association annual revenue received by the manager from the manager’s affiliation with the time-share plan or the project, or both.

      4.  Except as otherwise provided in this subsection, if the developer retains a property interest in the project, the parties to such an agreement must include the developer, the manager and the association. In addition to the provisions required in subsections 1 and 2, the agreement must provide:

      (a) That the project will be maintained in good condition. Except as otherwise provided in this paragraph, any defect which is not [cured] corrected within 10 days after notification by the developer may be [cured] corrected by the developer. In an emergency situation, notice is not required. The association must repay the developer for any cost of the repairs plus the legal rate of interest. Each owner must be assessed for his or her share of the cost of repairs.

      (b) That, if any dispute arises between the developer and the manager or association, either party may request from the American Arbitration Association or the Nevada Arbitration Association a list of seven potential fact finders from which one must be chosen to settle the dispute. The agreement must provide for the method of selecting one fact finder from this list.

      (c) For the collection of assessments from the owners to pay obligations which may be due to the developer for breach of the covenant to maintain the premises in good condition and repair.

Ê If the developer is not made a party to this agreement, the developer shall be considered to be a third-party beneficiary of such an agreement.

      5.  The provisions of this section and NRS 119A.532 and 119A.534 do not apply to the management of a project located outside of this State.

 


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

ê2013 Statutes of Nevada, Page 3529 (Chapter 539, AB 404)ê

 

      Sec. 47. NRS 119A.532 is hereby amended to read as follows:

      119A.532  1.  A person who wishes to engage in the business of, act in the capacity of, advertise or assume to act as a manager of a project located in this State shall register with the Division on a form prescribed by the Division.

      2.  The form for registration must include, without limitation:

      (a) The registered name of [the] each time-share plan or [the] project, or both, that the manager will manage;

      (b) The address and telephone number of the manager’s principal place of business;

      (c) The social security number of the manager; and

      (d) The name of the manager’s responsible managing employee.

      3.  The form for registration must be accompanied by:

      (a) Satisfactory evidence, acceptable to the Division, that the manager and his or her employees have obtained fidelity bonds in accordance with regulations adopted by the Division; and

      (b) The statement required pursuant to NRS 119A.263.

      4.  The Division shall collect the fee specified in NRS 119A.360 upon registering the manager and annually thereafter to maintain the registration.

      5.  As used in this section, “responsible managing employee” means the person designated by the manager to:

      (a) Make technical and administrative decisions in connection with the manager’s business; and

      (b) Hire, superintend, promote, transfer, lay off, discipline or discharge other employees or recommend such action on behalf of the manager.

      Sec. 48. NRS 119A.540 is hereby amended to read as follows:

      119A.540  1.  The association or, if there is no association, the developer shall adopt an annual budget for revenues, expenditures and reserves and collect assessments for the expenses of the time-share plan and the project from the owners. The annual budgets of [the] an association governing a project within this State must be submitted to [and approved by] the Division until such time as the association is controlled by members other than the developer.

      2.  [The Administrator may require that the association or, if there is no association, the developer provide, at the association’s or the developer’s expense, an opinion from an independent professional consultant as to the sufficiency of the budget to sustain the time-share plan offered by the association or the developer.] The association or the developer shall place any money collected for assessments and any other revenues received by or on behalf of the association in an account established by the association.

      3.  The developer shall pay assessments for any time shares which are unsold or enter into an agreement with the association, in a form approved by the Division, to pay the difference between the actual expenses incurred by the association and the sum of the amounts payable to the association as assessments by owners, other than the developer, and other revenues received by the association. The Division may require the developer to provide a surety bond or other form of security which is satisfactory to the Division, to guarantee payment of the developer’s obligation.

      Sec. 49. NRS 119A.670 is hereby amended to read as follows:

      119A.670  The Real Estate Commission may take action pursuant to NRS 645.630 against any project broker or person who is licensed pursuant to chapter 645 of NRS and who is subject to the provisions of this chapter who fails to adequately supervise the conduct of any sales agent or representative with whom the project broker or person is associated.

 


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

ê2013 Statutes of Nevada, Page 3530 (Chapter 539, AB 404)ê

 

who fails to adequately supervise the conduct of any sales agent or representative with whom the project broker or person is associated.

      Sec. 50. NRS 119A.680 is hereby amended to read as follows:

      119A.680  1.  It is unlawful for any person to engage in the business of, act in the capacity of, advertise or assume to act as a:

      (a) Project broker , a person who is licensed pursuant to chapter 645 of NRS or [sales agent] a time-share resale broker within the State of Nevada without first obtaining a license from the Division pursuant to chapter 645 of NRS . [or NRS 119A.210.]

      (b) Sales agent for a project broker within this State without first obtaining a license from the Division pursuant to NRS 119A.210, unless he or she is licensed as a real estate salesperson pursuant to chapter 645 of NRS.

      (c) Representative, manager or time-share resale broker within the State of Nevada without first registering with the Division.

      2.  Any person who violates subsection 1 is guilty of a gross misdemeanor.

      Sec. 51. (Deleted by amendment.)

      Sec. 52. NRS 119A.370, 119A.4773 and 119A.490 are hereby repealed.

      Sec. 53.  This act becomes effective on July 1, 2013.

________

CHAPTER 540, AB 413

Assembly Bill No. 413–Committee on Taxation

 

CHAPTER 540

 

[Approved: June 12, 2013]

 

AN ACT relating to taxation; authorizing certain larger counties to impose additional taxes on fuels for motor vehicles; providing for the imposition by the State of additional taxes on fuels for motor vehicles if a ballot question authorizing such additional taxes is approved by a majority of the voters in this State; providing for the imposition by the boards of county commissioners of certain counties of additional taxes on fuels for motor vehicles if a ballot question authorizing such additional taxes is approved by a majority of the voters in the county; requiring the approval by voters of additional ballot measures to continue the imposition of the additional taxes; requiring certain persons who use special fuel in motor vehicles operated or intended to operate interstate to file certain returns with the Department of Motor Vehicles under certain circumstances; requiring the Department to adopt regulations establishing a system for auditing of such returns to determine whether any amounts are owed by or to such persons pursuant to certain cooperative agreements; requiring the Department to charge and collect certain fees; authorizing the Department to enter into certain intergovernmental agreements or contracts under certain circumstances; creating an enterprise fund administered by the Director of the Department; providing for the administration, allocation, disbursement and use of the additional taxes; removing the exemption for the sale of revenue bonds secured by county fuel taxes from certain requirements; and providing other matters properly relating thereto.

 


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

ê2013 Statutes of Nevada, Page 3531 (Chapter 540, AB 413)ê

 

Legislative Counsel’s Digest:

      Existing law authorizes counties to impose certain taxes on motor vehicle fuels and special fuels used in motor vehicles. (Chapter 373 of NRS) Section 1.1 of this bill authorizes the board of county commissioners of a county whose population is 700,000 or more and in which a regional transportation commission has been created and a county tax is imposed on motor vehicle fuel (currently Clark County) to impose, upon approval by a two-thirds majority of the members of the board, additional county taxes on motor vehicle fuel and various special fuels used in motor vehicles. Section 1.1 also authorizes the board of county commissioners to provide for annual increases in these taxes, for the period beginning on January 1, 2014, and ending on December 31, 2016, in an amount equal to the lesser of: (1) a percentage established by the ordinance imposing the tax; or (2) a percentage based on historical increases in the cost of highway and street construction. Section 1.1 additionally provides that for the period beginning on January 1, 2017: (1) the board of county commissioners must not impose any additional increases in certain taxes authorized by that section; and (2) increases in the remainder of the taxes authorized by that section may not be effectuated unless a majority of the voters in the county at the general election in November 2016 authorize the board of county commissioners to continue to provide for the annual increases.

      Upon approval by a majority of the voters in the State at the general election in November 2016, section 1.2 of this bill requires the State to impose additional state taxes on motor vehicle fuel and various special fuels used in motor vehicles. Section 1.2 also authorizes the Legislature to provide for annual increases in these taxes, for the period beginning on January 1, 2017, and ending on December 31, 2026. Section 1.2 additionally provides that for the period beginning on January 1, 2027, the increases in these taxes may not be effectuated unless a majority of the voters in the State at the general election in November 2026 authorize the Legislature to continue to provide for the annual increases.

      Upon approval by a majority of the voters in any county, other than Washoe County or, under certain circumstances, Clark County, at the general election in November 2016, section 1.3 of this bill requires the board of county commissioners of the county to impose additional county taxes on motor vehicle fuel and various special fuels used in motor vehicles. Section 1.3 also authorizes the board of county commissioners to provide for annual increases in these taxes, for the period beginning on January 1, 2017, and ending on December 31, 2026. Section 1.3 additionally provides that for the period beginning on January 1, 2027, the increases in these taxes may not be effectuated unless a majority of the voters in the county at the general election in November 2026 authorize the board of county commissioners to continue to provide for the annual increases.

      The Department of Motor Vehicles is a party to the International Fuel Tax Agreement, a multistate agreement which facilitates the calculation and collection of certain fuel taxes from interstate trucking companies and others who use special fuel (primarily diesel fuel) in vehicles operated or intended to operate interstate. (NRS 366.175) Sections 1.7-1.95 of this bill require certain special fuel users to file a return with the Department and require the Department to adopt regulations establishing a system for auditing such returns to determine whether any amounts are owed by or to the special fuel user pursuant to the International Fuel Tax Agreement as a result of any additional taxes on special fuels authorized or required by this bill. Sections 1.7, 1.8 and 1.9 require the Department to charge and collect certain fees from the special fuel users who are required to file returns with the Department and additionally authorize the Department to enter into certain intergovernmental agreements or contracts to pay for certain costs relating to establishing and administering the system. Sections 1.75, 1.85 and 1.95 create an enterprise fund known as the Local Fuel Tax Indexing Fund into which the Department is required to deposit money received from the fees collected pursuant to sections 1.7, 1.8 and 1.9.

 

 


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

ê2013 Statutes of Nevada, Page 3532 (Chapter 540, AB 413)ê

 

      Sections 2-2.7 and 4-11.3 of this bill require the administration, allocation, disbursement and use of these taxes in the same manner as certain existing fuel taxes. Additionally, sections 2-2.7 require the annual review of these taxes by the regional transportation commission.

      Sections 3-3.9 of this bill apply the current exemptions from fuel taxes to the taxes authorized by this bill, other than the exemption for certain undyed special fuel which is sold or used for any purpose other than to propel a motor vehicle upon the public highways.

      Section 11.5 of this bill revises provisions of existing law to remove the exemption for the sale of revenue bonds that are secured by county fuel taxes from various requirements concerning the sale of bonds by competitive bid or negotiated sale.

 

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 373 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.1 to 1.95, inclusive, of this act.

      Sec. 1.1. 1.  Except as otherwise provided in this section, in a county whose population is 700,000 or more and in which a commission has been created and a tax is imposed pursuant to NRS 373.030:

      (a) The board may by ordinance impose:

             (1) An excise tax on each gallon of motor vehicle fuel, except aviation fuel, sold in the county in an amount equal to the product obtained by multiplying 3.6 cents per gallon by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the ordinance becomes effective; and

             (2) Except as otherwise provided in subsection 5, an annual increase in the tax imposed pursuant to subparagraph (1), on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in the amount determined by adding 3.6 cents per gallon to the amount of the tax imposed pursuant to subparagraph (1) during the immediately preceding fiscal year, then multiplying that sum by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the increase becomes effective.

      (b) The board may by ordinance impose:

             (1) An excise tax on each gallon of motor vehicle fuel, except aviation fuel, sold in the county in an amount equal to the product obtained by multiplying 1.75 cents per gallon by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the ordinance becomes effective; and

             (2) Except as otherwise provided in subsection 5, an annual increase in the tax imposed pursuant to subparagraph (1), on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in the amount determined by adding 1.75 cents per gallon to the amount of the tax imposed pursuant to subparagraph (1) during the immediately preceding fiscal year, then multiplying that sum by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the increase becomes effective.

 


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

ê2013 Statutes of Nevada, Page 3533 (Chapter 540, AB 413)ê

 

      (c) The board may by ordinance impose:

            (1) An excise tax on each gallon of motor vehicle fuel, except aviation fuel, sold in the county in an amount equal to the product obtained by multiplying 1 cent per gallon by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the ordinance becomes effective; and

             (2) Except as otherwise provided in subsection 5, an annual increase in the tax imposed pursuant to subparagraph (1), on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in the amount determined by adding 1 cent per gallon to the amount of the tax imposed pursuant to subparagraph (1) during the immediately preceding fiscal year, then multiplying that sum by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the increase becomes effective.

      (d) The board may by ordinance impose:

             (1) An excise tax on each gallon of motor vehicle fuel, except aviation fuel, sold in the county in an amount equal to the product obtained by multiplying 9 cents per gallon by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the ordinance becomes effective; and

             (2) Except as otherwise provided in subsection 5, an annual increase in the tax imposed pursuant to subparagraph (1), on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in the amount determined by adding 9 cents per gallon to the amount of the tax imposed pursuant to subparagraph (1) during the immediately preceding fiscal year, then multiplying that sum by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the increase becomes effective.

      (e) The board may by ordinance impose:

             (1) An excise tax on each gallon of motor vehicle fuel, except aviation fuel, sold in the county in an amount equal to the product obtained by multiplying 18.455 cents per gallon by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the ordinance becomes effective; and

             (2) Except as otherwise provided in subsection 5, an annual increase in the tax imposed pursuant to subparagraph (1), on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in the amount determined by adding 18.455 cents per gallon to the amount of the tax imposed pursuant to subparagraph (1) during the immediately preceding fiscal year, then multiplying that sum by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the increase becomes effective.

      (f) The board may by ordinance impose:

             (1) An excise tax on each gallon of motor vehicle fuel, except aviation fuel, sold in the county in an amount equal to the product obtained by multiplying 18.4 cents per gallon by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the ordinance becomes effective; and

 


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

ê2013 Statutes of Nevada, Page 3534 (Chapter 540, AB 413)ê

 

percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the ordinance becomes effective; and

             (2) Except as otherwise provided in subsection 5, an annual increase in the tax imposed pursuant to subparagraph (1), on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in the amount determined by adding 18.4 cents per gallon to the amount of the tax imposed pursuant to subparagraph (1) during the immediately preceding fiscal year, then multiplying that sum by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the increase becomes effective.

      (g) The board may by ordinance impose:

             (1) An excise tax on each gallon of special fuel that consists of an emulsion of water-phased hydrocarbon fuel sold in the county in an amount equal to the product obtained by multiplying 19 cents per gallon by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the ordinance becomes effective; and

             (2) Except as otherwise provided in subsection 5, an annual increase in the tax imposed pursuant to subparagraph (1), on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in the amount determined by adding 19 cents per gallon to the amount of the tax imposed pursuant to subparagraph (1) during the immediately preceding fiscal year, then multiplying that sum by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the increase becomes effective.

      (h) The board may by ordinance impose:

             (1) An excise tax on each gallon of special fuel that consists of liquefied petroleum gas sold in the county in an amount equal to the product obtained by multiplying 22 cents per gallon by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the ordinance becomes effective; and

             (2) Except as otherwise provided in subsection 5, an annual increase in the tax imposed pursuant to subparagraph (1), on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in the amount determined by adding 22 cents per gallon to the amount of the tax imposed pursuant to subparagraph (1) during the immediately preceding fiscal year, then multiplying that sum by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the increase becomes effective.

      (i) The board may by ordinance impose:

             (1) An excise tax on each gallon of special fuel that consists of compressed natural gas sold in the county in an amount equal to the product obtained by multiplying 21 cents per gallon by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the ordinance becomes effective; and

 


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

ê2013 Statutes of Nevada, Page 3535 (Chapter 540, AB 413)ê

 

             (2) Except as otherwise provided in subsection 5, an annual increase in the tax imposed pursuant to subparagraph (1), on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in the amount determined by adding 21 cents per gallon to the amount of the tax imposed pursuant to subparagraph (1) during the immediately preceding fiscal year, then multiplying that sum by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the increase becomes effective.

      (j) The board may by ordinance impose:

             (1) An excise tax on each gallon of special fuel sold in the county, other than any special fuel described in paragraph (g), (h) or (i), in an amount equal to the product obtained by multiplying 27.75 cents per gallon by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the ordinance becomes effective; and

             (2) Except as otherwise provided in subsection 5, an annual increase in the tax imposed pursuant to subparagraph (1), on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in the amount determined by adding 27.75 cents per gallon to the amount of the tax imposed pursuant to subparagraph (1) during the immediately preceding fiscal year, then multiplying that sum by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the increase becomes effective.

      (k) The board may by ordinance impose:

             (1) An excise tax on each gallon of special fuel that consists of liquefied petroleum gas sold in the county in an amount equal to the product obtained by multiplying 18.3 cents per gallon by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the ordinance becomes effective; and

             (2) Except as otherwise provided in subsection 5, an annual increase in the tax imposed pursuant to subparagraph (1), on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in the amount determined by adding 18.3 cents per gallon to the amount of the tax imposed pursuant to subparagraph (1) during the immediately preceding fiscal year, then multiplying that sum by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the increase becomes effective.

      (l) The board may by ordinance impose:

             (1) An excise tax on each gallon of special fuel that consists of compressed natural gas sold in the county in an amount equal to the product obtained by multiplying 18.3 cents per gallon by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the ordinance becomes effective; and

             (2) Except as otherwise provided in subsection 5, an annual increase in the tax imposed pursuant to subparagraph (1), on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in the amount determined by adding 18.3 cents per gallon to the amount of the tax imposed pursuant to subparagraph (1) during the immediately preceding fiscal year, then multiplying that sum by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the increase becomes effective.

 


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

ê2013 Statutes of Nevada, Page 3536 (Chapter 540, AB 413)ê

 

amount of the tax imposed pursuant to subparagraph (1) during the immediately preceding fiscal year, then multiplying that sum by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the increase becomes effective.

      (m) The board may by ordinance impose:

             (1) An excise tax on each gallon of special fuel sold in the county, other than any special fuel described in paragraph (k) or (l), which is taxed by the Federal Government at a rate per gallon or gallon equivalent of 24.4 cents or more, in an amount equal to the product obtained by multiplying 24.4 cents per gallon by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the ordinance becomes effective; and

             (2) Except as otherwise provided in subsection 5, an annual increase in the tax imposed pursuant to subparagraph (1), on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in the amount determined by adding 24.4 cents per gallon to the amount of the tax imposed pursuant to subparagraph (1) during the immediately preceding fiscal year, then multiplying that sum by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the increase becomes effective.

      2.  An ordinance authorized by this section must be approved by a two-thirds majority of the members of the board. If the board adopts an ordinance authorized by this section, the ordinance must impose all of the taxes authorized by this section. Upon the adoption of such an ordinance, and except as otherwise provided in subsection 5, no further action by the board is necessary to effectuate the annual increases in the taxes imposed by the ordinance.

      3.  If the board adopts an ordinance imposing the taxes authorized by this section, the ordinance:

      (a) Must be adopted before October 1, 2013;

      (b) Must become effective on January 1, 2014; and

      (c) Is not affected by any changes in the population of the county which occur after the adoption of the ordinance.

      4.  The applicable percentage specified by the board for the taxes imposed pursuant to this section must be the same percentage for each tax imposed pursuant to this section. Except as otherwise provided in subsection 5, the board may amend the applicable percentage by ordinance from time to time, but any such amendment must not become effective earlier than 90 days after the date of the adoption of the ordinance amending the applicable percentage. Except as otherwise provided in subsection 4 of NRS 373.120, the applicable percentage must not be amended to reduce the applicable percentage at any time that bonds are outstanding secured by the taxes imposed pursuant to this section.

      5.  Upon the adoption of an ordinance authorized by this section:

      (a) For the period beginning on January 1, 2014, and ending on December 31, 2016, no further action by the board is necessary to effectuate the annual increases in the taxes imposed by the ordinance.

      (b) For the period beginning on January 1, 2017:

            (1) The board shall not impose any additional annual increases in the taxes authorized by paragraphs (e) and (g) to (j), inclusive, of subsection 1 and imposed by the ordinance after November 8, 2016, but any annual increases in the taxes authorized by paragraphs (e) and (g) to (j), inclusive, of subsection 1 and imposed by the ordinance on or before November 8, 2016, are not affected, amended, reduced or eliminated and must be continued for any period during which bonds are outstanding that are secured by the taxes authorized by paragraphs (e) and (g) to (j), inclusive, of subsection 1 and imposed by the ordinance.

 


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

ê2013 Statutes of Nevada, Page 3537 (Chapter 540, AB 413)ê

 

subsection 1 and imposed by the ordinance after November 8, 2016, but any annual increases in the taxes authorized by paragraphs (e) and (g) to (j), inclusive, of subsection 1 and imposed by the ordinance on or before November 8, 2016, are not affected, amended, reduced or eliminated and must be continued for any period during which bonds are outstanding that are secured by the taxes authorized by paragraphs (e) and (g) to (j), inclusive, of subsection 1 and imposed by the ordinance.

             (2) The annual increases in the taxes authorized by paragraphs (a) to (d), inclusive, (f), (k), (l) and (m) of subsection 1 and imposed by the ordinance may not be effectuated unless a question is placed on the ballot at the general election on November 8, 2016, which asks the voters in the county whether to authorize the board to impose, for the period beginning on January 1, 2017, the increases authorized by paragraphs (a) to (d), inclusive, (f), (k), (l) and (m) of subsection 1 in the taxes imposed by the ordinance and the question is approved by a majority of the registered voters voting on the question. If the question is approved by a majority of such voters, no further action by the board is necessary to effectuate the annual increases in the taxes authorized by paragraphs (a) to (d), inclusive, (f), (k), (l) and (m) of subsection 1 and imposed by the ordinance. If the question is not approved by a majority of such voters, the board shall not impose any additional annual increases in the taxes authorized by paragraphs (a) to (d), inclusive, (f), (k), (l) and (m) of subsection 1 and imposed by the ordinance after November 8, 2016, but any annual increases in such taxes imposed by the ordinance on or before November 8, 2016, are not affected, amended, reduced or eliminated and must be continued for any period during which bonds are outstanding that are secured by such taxes imposed by the ordinance.

      6.  As used in this section:

      (a) “Adjusted average highway and street construction inflation index” means:

             (1) For the fiscal year in which an ordinance adopted pursuant to this section becomes effective, the percentage obtained by adding the average highway and street construction inflation index for that fiscal year to:

                   (I) If the average highway and street construction inflation index for the immediately preceding fiscal year is greater than the applicable percentage, the remainder obtained by subtracting the applicable percentage from the average highway and street construction inflation index for the immediately preceding fiscal year; or

                   (II) If the average highway and street construction inflation index for the immediately preceding fiscal year is less than or equal to the applicable percentage, zero; and

             (2) For each fiscal year following the fiscal year in which the ordinance becomes effective, the percentage obtained by adding the average highway and street construction inflation index for that fiscal year to:

                   (I) If the adjusted average highway and street construction inflation index for the immediately preceding fiscal year is greater than the applicable percentage, the remainder obtained by subtracting the applicable percentage from the adjusted average highway and street construction inflation index for the immediately preceding fiscal year; or

 


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

ê2013 Statutes of Nevada, Page 3538 (Chapter 540, AB 413)ê

 

                   (II) If the adjusted average highway and street construction inflation index for the immediately preceding fiscal year is less than or equal to the applicable percentage, zero.

      (b) “Applicable percentage” means the lesser of 7.8 percent or the percentage specified by the board in any ordinance imposing a tax pursuant to this section.

      (c) “Average highway and street construction inflation index” means for a fiscal year the average percentage increase in the highway and street construction inflation index for the 10 calendar years immediately preceding the beginning of that fiscal year.

      (d) “Highway and street construction inflation index” means:

             (1) The Producer Price Index for Highway and Street Construction until that index ceased to be published; and

             (2) The Producer Price Index for Other Nonresidential Construction thereafter or, if that index ceases to be published by the United States Department of Labor, the published index that most closely measures inflation in the costs of highway and street construction, as determined by the commission.

      (e) “Special fuel” has the meaning ascribed to it in NRS 366.060.

      Sec. 1.2. 1.  In addition to any other tax imposed pursuant to chapter 365 or 366 of NRS:

      (a) There is hereby imposed:

             (1) An excise tax on each gallon of motor vehicle fuel, except aviation fuel, sold in this State in an amount equal to the product obtained by multiplying 18.455 cents per gallon by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which this section becomes effective; and

             (2) Except as otherwise provided in subsection 3, an annual increase in the tax imposed pursuant to subparagraph (1), on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in the amount determined by adding 18.455 cents per gallon to the amount of the tax imposed pursuant to subparagraph (1) during the immediately preceding fiscal year, then multiplying that sum by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the increase becomes effective.

      (b) There is hereby imposed:

             (1) An excise tax on each gallon of special fuel that consists of an emulsion of water-phased hydrocarbon fuel sold in this State in an amount equal to the product obtained by multiplying 19 cents per gallon by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which this section becomes effective; and

             (2) Except as otherwise provided in subsection 3, an annual increase in the tax imposed pursuant to subparagraph (1), on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in the amount determined by adding 19 cents per gallon to the amount of the tax imposed pursuant to subparagraph (1) during the immediately preceding fiscal year, then multiplying that sum by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the increase becomes effective.

 


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

ê2013 Statutes of Nevada, Page 3539 (Chapter 540, AB 413)ê

 

      (c) There is hereby imposed:

             (1) An excise tax on each gallon of special fuel that consists of liquefied petroleum gas sold in this State in an amount equal to the product obtained by multiplying 22 cents per gallon by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which this section becomes effective; and

             (2) Except as otherwise provided in subsection 3, an annual increase in the tax imposed pursuant to subparagraph (1), on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in the amount determined by adding 22 cents per gallon to the amount of the tax imposed pursuant to subparagraph (1) during the immediately preceding fiscal year, then multiplying that sum by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the increase becomes effective.

      (d) There is hereby imposed:

             (1) An excise tax on each gallon of special fuel that consists of compressed natural gas sold in this State in an amount equal to the product obtained by multiplying 21 cents per gallon by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which this section becomes effective; and

             (2) Except as otherwise provided in subsection 3, an annual increase in the tax imposed pursuant to subparagraph (1), on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in the amount determined by adding 21 cents per gallon to the amount of the tax imposed pursuant to subparagraph (1) during the immediately preceding fiscal year, then multiplying that sum by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the increase becomes effective.

      (e) There is hereby imposed:

             (1) An excise tax on each gallon of special fuel sold in this State, other than any special fuel described in paragraph (b), (c) or (d), in an amount equal to the product obtained by multiplying 27.75 cents per gallon by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which this section becomes effective; and

             (2) Except as otherwise provided in subsection 3, an annual increase in the tax imposed pursuant to subparagraph (1), on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in the amount determined by adding 27.75 cents per gallon to the amount of the tax imposed pursuant to subparagraph (1) during the immediately preceding fiscal year, then multiplying that sum by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the increase becomes effective.

      2.  The applicable percentage for the taxes imposed pursuant to this section must be the same percentage for each tax imposed pursuant to this section. Except as otherwise provided in subsection 3, the Legislature may amend the applicable percentage from time to time, but any such amendment must not become effective earlier than 90 days after the date of the action by the Legislature amending the applicable percentage.

 


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

ê2013 Statutes of Nevada, Page 3540 (Chapter 540, AB 413)ê

 

amendment must not become effective earlier than 90 days after the date of the action by the Legislature amending the applicable percentage. Except as otherwise provided in section 1.5 of this act, the applicable percentage must not be amended to reduce the applicable percentage at any time that bonds are outstanding which are secured by the taxes imposed pursuant to this section.

      3.  For the period:

      (a) Beginning on January 1, 2017, and ending on December 31, 2026, no further action by the Legislature is necessary to effectuate the annual increases in the taxes imposed by this section.

      (b) Beginning on January 1, 2027, the annual increases in the taxes imposed by this section must not be effectuated unless a question is placed on the ballot at the general election on November 3, 2026, which asks the voters in this State whether to authorize the Legislature to impose, for the period beginning on January 1, 2027, the increases authorized by this section in the taxes imposed by this section and the question is approved by a majority of the registered voters in this State voting on the question. If the question is approved by a majority of such voters, no further action by the Legislature is necessary to effectuate the annual increases in the taxes imposed by this section. If the question is not approved by a majority of such voters, the Legislature shall not impose any additional annual increases in the taxes imposed by this section after November 3, 2026, but any annual increases in the taxes imposed by this section in effect on or before November 3, 2026, are not affected, amended, reduced or eliminated and must be continued for any period during which bonds are outstanding that are secured by the taxes imposed by this section.

      4.  All money received from the taxes imposed pursuant to this section must be deposited with the State Treasurer to the credit of the State Highway Fund.

      5.  As used in this section:

      (a) “Adjusted average highway and street construction inflation index” means:

             (1) For the fiscal year in which this section becomes effective, the percentage obtained by adding the average highway and street construction inflation index for that fiscal year to:

                   (I) If the average highway and street construction inflation index for the immediately preceding fiscal year is greater than the applicable percentage, the remainder obtained by subtracting the applicable percentage from the average highway and street construction inflation index for the immediately preceding fiscal year; or

                   (II) If the average highway and street construction inflation index for the immediately preceding fiscal year is less than or equal to the applicable percentage, zero; and

             (2) For each fiscal year following the fiscal year in which this section becomes effective, the percentage obtained by adding the average highway and street construction inflation index for that fiscal year to:

                   (I) If the adjusted average highway and street construction inflation index for the immediately preceding fiscal year is greater than the applicable percentage, the remainder obtained by subtracting the applicable percentage from the adjusted average highway and street construction inflation index for the immediately preceding fiscal year; or

 


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

ê2013 Statutes of Nevada, Page 3541 (Chapter 540, AB 413)ê

 

                   (II) If the adjusted average highway and street construction inflation index for the immediately preceding fiscal year is less than or equal to the applicable percentage, zero.

      (b) “Applicable percentage” means the lesser of 7.8 percent or the percentage specified by the Legislature in any act amending the applicable percentage of a tax imposed pursuant to this section.

      (c) “Average highway and street construction inflation index” means for a fiscal year the average percentage increase in the highway and street construction inflation index for the 10 calendar years immediately preceding the beginning of that fiscal year.

      (d) “Highway and street construction inflation index” means:

             (1) The Producer Price Index for Highway and Street Construction until that index ceased to be published; and

             (2) The Producer Price Index for Other Nonresidential Construction thereafter or, if that index ceases to be published by the United States Department of Labor, the published index that most closely measures inflation in the costs of highway and street construction, as determined by the Legislature.

      (e) “Special fuel” has the meaning ascribed to it in NRS 366.060.

      Sec. 1.3. 1.  In addition to any other tax imposed pursuant to this chapter:

      (a) The board shall by ordinance impose:

             (1) An excise tax on each gallon of motor vehicle fuel, except aviation fuel, sold in the county in an amount equal to the product obtained by multiplying 3.6 cents per gallon by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the ordinance becomes effective; and

             (2) Except as otherwise provided in subsection 4, an annual increase in the tax imposed pursuant to subparagraph (1), on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in the amount determined by adding 3.6 cents per gallon to the amount of the tax imposed pursuant to subparagraph (1) during the immediately preceding fiscal year, then multiplying that sum by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the increase becomes effective.

      (b) The board shall by ordinance impose:

             (1) An excise tax on each gallon of motor vehicle fuel, except aviation fuel, sold in the county in an amount equal to the product obtained by multiplying 1.75 cents per gallon by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the ordinance becomes effective; and

             (2) Except as otherwise provided in subsection 4, an annual increase in the tax imposed pursuant to subparagraph (1), on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in the amount determined by adding 1.75 cents per gallon to the amount of the tax imposed pursuant to subparagraph (1) during the immediately preceding fiscal year, then multiplying that sum by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the increase becomes effective.

 


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

ê2013 Statutes of Nevada, Page 3542 (Chapter 540, AB 413)ê

 

      (c) The board shall by ordinance impose:

             (1) An excise tax on each gallon of motor vehicle fuel, except aviation fuel, sold in the county in an amount equal to the product obtained by multiplying 1 cent per gallon by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the ordinance becomes effective; and

             (2) Except as otherwise provided in subsection 4, an annual increase in the tax imposed pursuant to subparagraph (1), on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in the amount determined by adding 1 cent per gallon to the amount of the tax imposed pursuant to subparagraph (1) during the immediately preceding fiscal year, then multiplying that sum by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the increase becomes effective.

      (d) The board shall by ordinance impose:

             (1) An excise tax on each gallon of motor vehicle fuel, except aviation fuel, sold in the county in an amount equal to the product obtained by multiplying 9 cents per gallon by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the ordinance becomes effective; and

             (2) Except as otherwise provided in subsection 4, an annual increase in the tax imposed pursuant to subparagraph (1), on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in the amount determined by adding 9 cents per gallon to the amount of the tax imposed pursuant to subparagraph (1) during the immediately preceding fiscal year, then multiplying that sum by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the increase becomes effective.

      (e) The board shall by ordinance impose:

             (1) An excise tax on each gallon of motor vehicle fuel, except aviation fuel, sold in the county in an amount equal to the product obtained by multiplying 18.4 cents per gallon by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the ordinance becomes effective; and

             (2) Except as otherwise provided in subsection 4, an annual increase in the tax imposed pursuant to subparagraph (1), on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in the amount determined by adding 18.4 cents per gallon to the amount of the tax imposed pursuant to subparagraph (1) during the immediately preceding fiscal year, then multiplying that sum by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the increase becomes effective.

      (f) The board shall by ordinance impose:

             (1) An excise tax on each gallon of special fuel that consists of liquefied petroleum gas sold in the county in an amount equal to the product obtained by multiplying 18.3 cents per gallon by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the ordinance becomes effective; and

 


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

ê2013 Statutes of Nevada, Page 3543 (Chapter 540, AB 413)ê

 

applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the ordinance becomes effective; and

             (2) Except as otherwise provided in subsection 4, an annual increase in the tax imposed pursuant to subparagraph (1), on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in the amount determined by adding 18.3 cents per gallon to the amount of the tax imposed pursuant to subparagraph (1) during the immediately preceding fiscal year, then multiplying that sum by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the increase becomes effective.

      (g) The board shall by ordinance impose:

             (1) An excise tax on each gallon of special fuel that consists of compressed natural gas sold in the county in an amount equal to the product obtained by multiplying 18.3 cents per gallon by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the ordinance becomes effective; and

             (2) Except as otherwise provided in subsection 4, an annual increase in the tax imposed pursuant to subparagraph (1), on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in the amount determined by adding 18.3 cents per gallon to the amount of the tax imposed pursuant to subparagraph (1) during the immediately preceding fiscal year, then multiplying that sum by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the increase becomes effective.

      (h) The board shall by ordinance impose:

             (1) An excise tax on each gallon of special fuel sold in the county, other than any special fuel described in paragraph (f) or (g), which is taxed by the Federal Government at a rate per gallon or gallon equivalent of 24.4 cents or more, in an amount equal to the product obtained by multiplying 24.4 cents per gallon by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the ordinance becomes effective; and

             (2) Except as otherwise provided in subsection 4, an annual increase in the tax imposed pursuant to subparagraph (1), on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in the amount determined by adding 24.4 cents per gallon to the amount of the tax imposed pursuant to subparagraph (1) during the immediately preceding fiscal year, then multiplying that sum by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the increase becomes effective.

      2.  Upon the adoption of the ordinance required by subsection 1, and except as otherwise provided in subsection 4, no further action by the board is necessary to effectuate the annual increases in the taxes imposed by the ordinance.

      3.  The applicable percentage specified by the board for the taxes imposed pursuant to this section must be the same percentage for each tax imposed by the board pursuant to this section. Except as otherwise provided in subsection 4, the board may amend the applicable percentage by ordinance from time to time, but any such amendment must not become effective earlier than 90 days after the date of the adoption of the ordinance amending the applicable percentage.

 


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

ê2013 Statutes of Nevada, Page 3544 (Chapter 540, AB 413)ê

 

provided in subsection 4, the board may amend the applicable percentage by ordinance from time to time, but any such amendment must not become effective earlier than 90 days after the date of the adoption of the ordinance amending the applicable percentage. Except as otherwise provided in subsection 4 of NRS 373.120, the applicable percentage must not be amended to reduce the applicable percentage at any time that bonds are outstanding which are secured by the taxes imposed pursuant to this section.

      4.  Upon the adoption of an ordinance authorized by this section:

      (a) For the period beginning on January 1, 2017, and ending on December 31, 2026, no further action by the board is necessary to effectuate the annual increases in the taxes imposed by the ordinance.

      (b) For the period beginning on January 1, 2027, the annual increases in the taxes imposed by the ordinance may not be effectuated unless a question is placed on the ballot at the general election on November 3, 2026, which asks the voters in the county whether to authorize the board to impose, for the period beginning on January 1, 2027, the increases authorized by this section in the taxes imposed by the ordinance and the question is approved by a majority of the registered voters in the county voting on the question. If the question is approved by a majority of such voters, no further action by the board is necessary to effectuate the annual increases in the taxes imposed by the ordinance. If the question is not approved by a majority of such voters, the board shall not impose any additional annual increases in the taxes imposed by the ordinance after November 3, 2026, but any annual increases in the taxes imposed by the ordinance in effect on or before November 3, 2026, are not affected, amended, reduced or eliminated and must be continued for any period during which bonds are outstanding that are secured by the taxes imposed by the ordinance.

      5.  As used in this section:

      (a) “Adjusted average highway and street construction inflation index” means:

             (1) For the fiscal year in which an ordinance adopted pursuant to this section becomes effective, the percentage obtained by adding the average highway and street construction inflation index for that fiscal year to:

                   (I) If the average highway and street construction inflation index for the immediately preceding fiscal year is greater than the applicable percentage, the remainder obtained by subtracting the applicable percentage from the average highway and street construction inflation index for the immediately preceding fiscal year; or

                   (II) If the average highway and street construction inflation index for the immediately preceding fiscal year is less than or equal to the applicable percentage, zero; and

             (2) For each fiscal year following the fiscal year in which the ordinance becomes effective, the percentage obtained by adding the average highway and street construction inflation index for that fiscal year to:

                   (I) If the adjusted average highway and street construction inflation index for the immediately preceding fiscal year is greater than the applicable percentage, the remainder obtained by subtracting the applicable percentage from the adjusted average highway and street construction inflation index for the immediately preceding fiscal year; or

 


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

ê2013 Statutes of Nevada, Page 3545 (Chapter 540, AB 413)ê

 

                   (II) If the adjusted average highway and street construction inflation index for the immediately preceding fiscal year is less than or equal to the applicable percentage, zero.

      (b) “Applicable percentage” means the lesser of 7.8 percent or the percentage specified by the board in any ordinance imposing a tax pursuant to this section.

      (c) “Average highway and street construction inflation index” means for a fiscal year the average percentage increase in the highway and street construction inflation index for the 10 calendar years immediately preceding the beginning of that fiscal year.

      (d) “Highway and street construction inflation index” means:

             (1) The Producer Price Index for Highway and Street Construction until that index ceased to be published; and

             (2) The Producer Price Index for Other Nonresidential Construction thereafter or, if that index ceases to be published by the United States Department of Labor, the published index that most closely measures inflation in the costs of highway and street construction, as determined by the commission.

      (e) “Special fuel” has the meaning ascribed to it in NRS 366.060.

      Sec. 1.5.  1.  Except as otherwise provided in subsection 2, any continuing increases in any taxes imposed pursuant to section 1.2 of this act must not be pledged beyond June 30 of the fiscal year that is 5 full fiscal years after bonds or other obligations which are secured by the taxes imposed pursuant to section 1.2 of this act are issued or incurred, but the taxes imposed pursuant to section 1.2 of this act that are in effect on that June 30 must continue to be pledged to those bonds or other obligations until they are paid in full.

      2.  At any time after bonds are issued or other obligations incurred with a pledge of the taxes imposed pursuant to section 1.2 of this act, the Legislature may, except as otherwise provided in paragraph (b) of subsection 3 of section 1.2 of this act:

      (a) Continue the pledge of the increase in taxes imposed pursuant to section 1.2 of this act beyond June 30 of the fiscal year that is 5 full fiscal years after bonds or other obligations secured by the taxes imposed pursuant to section 1.2 of this act are issued or incurred, but not beyond June 30 of the fiscal year that is 5 full fiscal years after the action by the Legislature authorized by this paragraph. The process set forth in this paragraph may be repeated until all bonds or other obligations secured by the taxes imposed pursuant to section 1.2 of this act have been paid in full.

      (b) Specify a different applicable percentage, including an applicable percentage of zero, but:

             (1) The applicable percentage must not exceed 7.8 percent;

             (2) The applicable percentage must not be reduced with respect to any fiscal year preceding the fiscal year following the effective date of any action of the Legislature authorized by this subsection; and

             (3) The effective date of any action by the Legislature reducing the applicable percentage must not be sooner than the later of:

                   (I) June 30 of the fiscal year that is 5 full fiscal years after bonds or other obligations secured by the taxes imposed pursuant to section 1.2 of this act are issued or incurred; or

                   (II) June 30 of the fiscal year that is 5 full fiscal years after the date of any action by the Legislature authorized by paragraph (a).

 


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

ê2013 Statutes of Nevada, Page 3546 (Chapter 540, AB 413)ê

 

      3.  As used in this section, “applicable percentage” has the meaning ascribed to it in paragraph (b) of subsection 5 of section 1.2 of this act.

      Sec. 1.7. 1.  A person who uses special fuel in a motor vehicle operated or intended to operate interstate and who pays any tax imposed on special fuels pursuant to NRS 373.066 or section 1.1 of this act shall file with the Department a return for the purpose of the Department determining whether any amounts are owed by or to the person pursuant to an agreement entered into pursuant to NRS 366.175 as a result of the imposition of any tax on special fuels pursuant to NRS 373.066 or section 1.1 of this act. The Department shall adopt regulations establishing a system to provide for the auditing of the records of a person who files such a return to determine whether the person is entitled to reimbursement of or owes any amounts pursuant to an agreement entered into pursuant to NRS 366.175 as a result of the imposition of any tax on special fuels pursuant to NRS 373.066 or section 1.1 of this act. The system established by the Department:

      (a) Must authorize a person who uses special fuel in motor vehicles operated or intended to operate interstate to file a request for reimbursement of any amounts owed to the person pursuant to an agreement entered into pursuant to NRS 366.175 as a result of the imposition of any tax on special fuels pursuant to NRS 373.066 or section 1.1 of this act;

      (b) Must provide that any reimbursement authorized by the Department be paid from only money received by a county pursuant to any tax imposed on special fuels pursuant to NRS 373.066 or section 1.1 of this act;

      (c) Must provide that the total amount of money which must be paid by any county in any fiscal year to reimburse any amounts owed to persons who use special fuel in motor vehicles operated or intended to operate interstate must not exceed 20 percent of the total amount of money collected by that county from any tax imposed on special fuels pursuant to NRS 373.066 or section 1.1 of this act; and

      (d) Must not apply to any tax imposed pursuant to NRS 373.066 during the term of any bonds outstanding on the effective date of this section secured by those taxes or of any bonds that refund such bonds provided that the term of the refunding bonds is not longer than the term of the refunded bonds.

      2.  The Department shall charge and collect a fee in an amount not to exceed $100 for each request for reimbursement filed by a person pursuant to the system established by the Department pursuant to subsection 1. All money from the fees collected by the Department pursuant to this subsection must be deposited in the Local Fuel Tax Indexing Fund created by section 1.75 of this act.

      3.  The Department and a commission which has been created in a county whose population is 700,000 or more and in which a tax is imposed pursuant to section 1.1 of this act may enter into an intergovernmental agreement or contract pursuant to which:

      (a) The commission agrees to pay for the costs incurred by the Department to establish the system pursuant to subsection 1 and administer the system until the amount of money received by the Department from the fees collected by the Department pursuant to subsection 2 is sufficient to pay the costs incurred by the Department to administer the system; and

 


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

ê2013 Statutes of Nevada, Page 3547 (Chapter 540, AB 413)ê

 

      (b) The Department agrees to reimburse the commission for any money paid by the commission pursuant to paragraph (a) from a portion of the money received by the Department from the fees collected by the Department pursuant to subsection 2.

      4.  As used in this section, “special fuel” has the meaning ascribed to it in NRS 366.060.

      Sec. 1.75. 1.  The Local Fuel Tax Indexing Fund is hereby created as an enterprise fund. The Department shall deposit in the Fund all fees collected by the Department pursuant to subsection 2 of section 1.7 of this act. The Director of the Department shall administer the Fund.

      2.  Money in the Fund must be invested as the money in other state funds is invested. The interest and income earned on the money in the Fund, after deducting any applicable charges, must be credited to the Fund. Claims against the Fund must be paid as other claims against the State are paid.

      3.  Money deposited in the Fund must only be expended:

      (a) To administer the system established by the Department pursuant to section 1.7 of this act; and

      (b) To reimburse a commission for any amounts paid by the commission pursuant to an intergovernmental agreement or contract entered into pursuant to subsection 3 of section 1.7 of this act.

      4.  The Director may maintain a reserve of not more than $500,000 in the Fund. The reserve must be accounted for separately in the Fund and must only be expended to administer the system established by the Department pursuant to section 1.7 of this act.

      5.  Any balance remaining in the Fund at the end of any fiscal year:

      (a) Does not revert to the State General Fund; and

      (b) Must be carried forward to the next fiscal year.

      Sec. 1.8. 1.  A person who uses special fuel in a motor vehicle operated or intended to operate interstate and who pays any tax imposed on special fuels pursuant to NRS 373.066 or section 1.1 or 1.3 of this act shall file with the Department a return for the purpose of the Department determining whether any amounts are owed by or to the person pursuant to an agreement entered into pursuant to NRS 366.175 as a result of the imposition of any tax on special fuels pursuant to NRS 373.066 or section 1.1 or 1.3 of this act. The Department shall adopt regulations establishing a system to provide for the auditing of the records of a person who files such a return to determine whether the person is entitled to reimbursement of or owes any amounts pursuant to an agreement entered into pursuant to NRS 366.175 as a result of the imposition of any tax on special fuels pursuant to NRS 373.066 or section 1.1 or 1.3 of this act. The system established by the Department:

      (a) Must authorize a person who uses special fuel in motor vehicles operated or intended to operate interstate to file a request for reimbursement of any amounts owed to the person pursuant to an agreement entered into pursuant to NRS 366.175 as a result of the imposition of any tax on special fuels pursuant to NRS 373.066 or section 1.1 or 1.3 of this act;

      (b) Must provide that any reimbursement authorized by the Department be paid from only money received by a county pursuant to any tax imposed on special fuels pursuant to NRS 373.066 or section 1.1 or 1.3 of this act;

 


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

ê2013 Statutes of Nevada, Page 3548 (Chapter 540, AB 413)ê

 

      (c) Must provide that the total amount of money which must be paid by any county in any fiscal year to reimburse any amounts owed to persons who use special fuel in motor vehicles operated or intended to operate interstate must not exceed 20 percent of the total amount of money collected by that county from any tax imposed on special fuels pursuant to NRS 373.066 or section 1.1 or 1.3 of this act; and

      (d) Must not apply to any tax imposed pursuant to NRS 373.066 during the term of any bonds outstanding on January 1, 2017, secured by those taxes or of any bonds that refund such bonds provided that the term of the refunding bonds is not longer than the term of the refunded bonds.

      2.  The Department shall charge and collect a fee in an amount not to exceed $100 for each request for reimbursement filed by a person pursuant to the system established by the Department pursuant to subsection 1. All money from the fees collected by the Department pursuant to this subsection must be deposited in the Local Fuel Tax Indexing Fund created by section 1.85 of this act.

      3.  The Department and a commission which has been created in a county whose population is 700,000 or more and in which a tax is imposed pursuant to section 1.1 or 1.3 of this act may enter into an intergovernmental agreement or contract pursuant to which:

      (a) The commission agrees to pay for the costs incurred by the Department to establish the system pursuant to subsection 1 and administer the system until the amount of money received by the Department from the fees collected by the Department pursuant to subsection 2 is sufficient to pay the costs incurred by the Department to administer the system; and

      (b) The Department agrees to reimburse the commission for any money paid by the commission pursuant to paragraph (a) from a portion of the money received by the Department from the fees collected by the Department pursuant to subsection 2.

      4.  As used in this section, “special fuel” has the meaning ascribed to it in NRS 366.060.

      Sec. 1.85. 1.  The Local Fuel Tax Indexing Fund is hereby created as an enterprise fund. The Department shall deposit in the Fund all fees collected by the Department pursuant to subsection 2 of section 1.8 of this act. The Director of the Department shall administer the Fund.

      2.  Money in the Fund must be invested as the money in other state funds is invested. The interest and income earned on the money in the Fund, after deducting any applicable charges, must be credited to the Fund. Claims against the Fund must be paid as other claims against the State are paid.

      3.  Money deposited in the Fund must only be expended:

      (a) To administer the system established by the Department pursuant to section 1.8 of this act; and

      (b) To reimburse a commission for any amounts paid by the commission pursuant to an intergovernmental agreement or contract entered into pursuant to subsection 3 of section 1.8 of this act.

      4.  The Director may maintain a reserve of not more than $500,000 in the Fund. The reserve must be accounted for separately in the Fund and must only be expended to administer the system established by the Department pursuant to section 1.8 of this act.

      5.  Any balance remaining in the Fund at the end of any fiscal year:

 


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

ê2013 Statutes of Nevada, Page 3549 (Chapter 540, AB 413)ê

 

      (a) Does not revert to the State General Fund; and

      (b) Must be carried forward to the next fiscal year.

      Sec. 1.9. 1.  A person who uses special fuel in a motor vehicle operated or intended to operate interstate and who pays any tax imposed on special fuels pursuant to NRS 373.066 or section 1.3 of this act shall file with the Department a return for the purpose of the Department determining whether any amounts are owed by or to the person pursuant to an agreement entered into pursuant to NRS 366.175 as a result of the imposition of any tax on special fuels pursuant to NRS 373.066 or section 1.3 of this act. The Department shall adopt regulations establishing a system to provide for the auditing of the records of a person who files such a return to determine whether the person is entitled to reimbursement of or owes any amounts pursuant to an agreement entered into pursuant to NRS 366.175 as a result of the imposition of any tax on special fuels pursuant to NRS 373.066 or section 1.3 of this act. The system established by the Department:

      (a) Must authorize a person who uses special fuel in motor vehicles operated or intended to operate interstate to file a request for reimbursement of any amounts owed to the person pursuant to an agreement entered into pursuant to NRS 366.175 as a result of the imposition of any tax on special fuels pursuant to NRS 373.066 or section 1.3 of this act;

      (b) Must provide that any reimbursement authorized by the Department be paid from only money received by a county pursuant to any tax imposed on special fuels pursuant to NRS 373.066 or section 1.3 of this act;

      (c) Must provide that the total amount of money which must be paid by any county in any fiscal year to reimburse any amounts owed to persons who use special fuel in motor vehicles operated or intended to operate interstate must not exceed 20 percent of the total amount of money collected by that county from any tax imposed on special fuels pursuant to NRS 373.066 or section 1.3 of this act; and

      (d) Must not apply to any tax imposed pursuant to NRS 373.066 during the term of any bonds outstanding on January 1, 2017, secured by those taxes or of any bonds that refund such bonds provided that the term of the refunding bonds is not longer than the term of the refunded bonds.

      2.  The Department shall charge and collect a fee in an amount not to exceed $100 for each request for reimbursement filed by a person pursuant to the system established by the Department pursuant to subsection 1. All money from the fees collected by the Department pursuant to this subsection must be deposited in the Local Fuel Tax Indexing Fund created by section 1.95 of this act.

      3.  The Department and a commission which has been created in a county whose population is 700,000 or more and in which a tax is imposed pursuant to section 1.3 of this act may enter into an intergovernmental agreement or contract pursuant to which:

      (a) The commission agrees to pay for the costs incurred by the Department to establish the system pursuant to subsection 1 and administer the system until the amount of money received by the Department from the fees collected by the Department pursuant to subsection 2 is sufficient to pay the costs incurred by the Department to administer the system; and

 


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

ê2013 Statutes of Nevada, Page 3550 (Chapter 540, AB 413)ê

 

      (b) The Department agrees to reimburse the commission for any money paid by the commission pursuant to paragraph (a) from a portion of the money received by the Department from the fees collected by the Department pursuant to subsection 2.

      4.  As used in this section, “special fuel” has the meaning ascribed to it in NRS 366.060.

      Sec. 1.95. 1.  The Local Fuel Tax Indexing Fund is hereby created as an enterprise fund. The Department shall deposit in the Fund all fees collected by the Department pursuant to subsection 2 of section 1.9 of this act. The Director of the Department shall administer the Fund.

      2.  Money in the Fund must be invested as the money in other state funds is invested. The interest and income earned on the money in the Fund, after deducting any applicable charges, must be credited to the Fund. Claims against the Fund must be paid as other claims against the State are paid.

      3.  Money deposited in the Fund must only be expended:

      (a) To administer the system established by the Department pursuant to section 1.9 of this act; and

      (b) To reimburse a commission for any amounts paid by the commission pursuant to an intergovernmental agreement or contract entered into pursuant to subsection 3 of section 1.9 of this act.

      4.  The Director may maintain a reserve of not more than $500,000 in the Fund. The reserve must be accounted for separately in the Fund and must only be expended to administer the system established by the Department pursuant to section 1.9 of this act.

      5.  Any balance remaining in the Fund at the end of any fiscal year:

      (a) Does not revert to the State General Fund; and

      (b) Must be carried forward to the next fiscal year.

      Sec. 2. NRS 373.067 is hereby amended to read as follows:

      373.067  1.  Any ordinance that imposes a tax pursuant to:

      (a) The provisions of paragraph (a) of subsection 1 of NRS 373.066 or paragraph (a) of subsection 1 of section 1.1 of this act must require the allocation, disbursement and use in the county of the proceeds of that tax in the same proportions and manner as the allocation, disbursement and use in the county of the proceeds of the tax imposed pursuant to NRS 365.180.

      (b) The provisions of paragraph (b) of subsection 1 of NRS 373.066 or paragraph (b) of subsection 1 of section 1.1 of this act must require the allocation, disbursement and use in the county of the proceeds of that tax in the same proportions and manner as the allocation, disbursement and use in the county of the proceeds of the tax imposed pursuant to NRS 365.190.

      (c) The provisions of paragraph (c) of subsection 1 of NRS 373.066 or paragraph (c) of subsection 1 of section 1.1 of this act must require the allocation, disbursement and use in the county of the proceeds of that tax in the same proportions and manner as the allocation, disbursement and use in the county of the proceeds of the tax imposed pursuant to NRS 365.192.

      (d) Any of the provisions of paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.066 or paragraphs (d) to (m), inclusive, of subsection 1 of section 1.1 of this act must, except as otherwise required by subsection 6 of NRS 373.140, require the allocation, disbursement and use in the county of the proceeds of that tax in the same proportions and manner as the allocation, disbursement and use in the county of the proceeds of the tax imposed pursuant to NRS 373.030.

 


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

ê2013 Statutes of Nevada, Page 3551 (Chapter 540, AB 413)ê

 

      2.  Any ordinance adopted pursuant to NRS 373.066 or section 1.1 of this act must:

      (a) Include a provision prohibiting the imposition of any penalties and interest for the failure to make any payments of any tax imposed by the ordinance which become due within the initial 6 months after the ordinance becomes effective. This provision must apply only to taxes imposed pursuant to NRS 373.066 or section 1.1 of this act and must not apply to any tax imposed pursuant to any other ordinance.

      (b) Require the commission:

             (1) To review, at a public meeting conducted after the provision of public notice and before the effective date of each annual increase imposed by the ordinance:

                   (I) The amount of that increase and the accuracy of its calculation;

                   (II) The amounts of any annual increases imposed by the ordinance in previous years and the revenue collected pursuant to those increases;

                   (III) Any improvements to the regional system of transportation resulting from revenue collected pursuant to any annual increases imposed by the ordinance in previous years; and

                   (IV) Any other information relevant to the effect of the annual increases on the public; and

             (2) To submit to the board any information the commission receives suggesting that the annual increase should be adjusted.

      Sec. 2.3. NRS 373.067 is hereby amended to read as follows:

      373.067  1.  Any ordinance that imposes a tax pursuant to:

      (a) The provisions of paragraph (a) of subsection 1 of NRS 373.066 , paragraph (a) of subsection 1 of section 1.1 of this act or paragraph (a) of subsection 1 of section 1.3 of this act must require the allocation, disbursement and use in the county of the proceeds of that tax in the same proportions and manner as the allocation, disbursement and use in the county of the proceeds of the tax imposed pursuant to NRS 365.180.

      (b) The provisions of paragraph (b) of subsection 1 of NRS 373.066 , paragraph (b) of subsection 1 of section 1.1 of this act or paragraph (b) of subsection 1 of section 1.3 of this act must require the allocation, disbursement and use in the county of the proceeds of that tax in the same proportions and manner as the allocation, disbursement and use in the county of the proceeds of the tax imposed pursuant to NRS 365.190.

      (c) The provisions of paragraph (c) of subsection 1 of NRS 373.066 , paragraph (c) of subsection 1 of section 1.1 of this act or paragraph (c) of subsection 1 of section 1.3 of this act must require the allocation, disbursement and use in the county of the proceeds of that tax in the same proportions and manner as the allocation, disbursement and use in the county of the proceeds of the tax imposed pursuant to NRS 365.192.

      (d) Any of the provisions of paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.066 , paragraphs (d) to (m), inclusive, of subsection 1 of section 1.1 of this act or paragraphs (d) to (h), inclusive, of subsection 1 of section 1.3 of this act must, except as otherwise required by subsection 6 of NRS 373.140, require the allocation, disbursement and use in the county of the proceeds of that tax in the same proportions and manner as the allocation, disbursement and use in the county of the proceeds of the tax imposed pursuant to NRS 373.030.

 


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

ê2013 Statutes of Nevada, Page 3552 (Chapter 540, AB 413)ê

 

      2.  Any ordinance adopted pursuant to NRS 373.066 or section 1.1 or 1.3 of this act must:

      (a) Include a provision prohibiting the imposition of any penalties and interest for the failure to make any payments of any tax imposed by the ordinance which become due within the initial 6 months after the ordinance becomes effective. This provision must apply only to taxes imposed pursuant to NRS 373.066 or section 1.1 or 1.3 of this act and must not apply to any tax imposed pursuant to any other ordinance.

      (b) Require the commission:

             (1) To review, at a public meeting conducted after the provision of public notice and before the effective date of each annual increase imposed by the ordinance:

                   (I) The amount of that increase and the accuracy of its calculation;

                   (II) The amounts of any annual increases imposed by the ordinance in previous years and the revenue collected pursuant to those increases;

                   (III) Any improvements to the regional system of transportation resulting from revenue collected pursuant to any annual increases imposed by the ordinance in previous years; and

                   (IV) Any other information relevant to the effect of the annual increases on the public; and

             (2) To submit to the board any information the commission receives suggesting that the annual increase should be adjusted.

      Sec. 2.7. NRS 373.067 is hereby amended to read as follows:

      373.067  1.  Any ordinance that imposes a tax pursuant to:

      (a) The provisions of paragraph (a) of subsection 1 of NRS 373.066 or paragraph (a) of subsection 1 of section 1.3 of this act must require the allocation, disbursement and use in the county of the proceeds of that tax in the same proportions and manner as the allocation, disbursement and use in the county of the proceeds of the tax imposed pursuant to NRS 365.180.

      (b) The provisions of paragraph (b) of subsection 1 of NRS 373.066 or paragraph (b) of subsection 1 of section 1.3 of this act must require the allocation, disbursement and use in the county of the proceeds of that tax in the same proportions and manner as the allocation, disbursement and use in the county of the proceeds of the tax imposed pursuant to NRS 365.190.

      (c) The provisions of paragraph (c) of subsection 1 of NRS 373.066 or paragraph (c) of subsection 1 of section 1.3 of this act must require the allocation, disbursement and use in the county of the proceeds of that tax in the same proportions and manner as the allocation, disbursement and use in the county of the proceeds of the tax imposed pursuant to NRS 365.192.

      (d) Any of the provisions of paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.066 or paragraphs (d) to (h), inclusive, of subsection 1 of section 1.3 of this act must, except as otherwise required by subsection 6 of NRS 373.140, require the allocation, disbursement and use in the county of the proceeds of that tax in the same proportions and manner as the allocation, disbursement and use in the county of the proceeds of the tax imposed pursuant to NRS 373.030.

      2.  Any ordinance adopted pursuant to NRS 373.066 or section 1.3 of this act must:

      (a) Include a provision prohibiting the imposition of any penalties and interest for the failure to make any payments of any tax imposed by the ordinance which become due within the initial 6 months after the ordinance becomes effective.

 


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

ê2013 Statutes of Nevada, Page 3553 (Chapter 540, AB 413)ê

 

ordinance which become due within the initial 6 months after the ordinance becomes effective. This provision must apply only to taxes imposed pursuant to NRS 373.066 or section 1.3 of this act and must not apply to any tax imposed pursuant to any other ordinance.

      (b) Require the commission:

             (1) To review, at a public meeting conducted after the provision of public notice and before the effective date of each annual increase imposed by the ordinance:

                   (I) The amount of that increase and the accuracy of its calculation;

                   (II) The amounts of any annual increases imposed by the ordinance in previous years and the revenue collected pursuant to those increases;

                   (III) Any improvements to the regional system of transportation resulting from revenue collected pursuant to any annual increases imposed by the ordinance in previous years; and

                   (IV) Any other information relevant to the effect of the annual increases on the public; and

             (2) To submit to the board any information the commission receives suggesting that the annual increase should be adjusted.

      Sec. 3. NRS 373.068 is hereby amended to read as follows:

      373.068  1.  Any tax imposed pursuant to the provisions of:

      (a) Paragraphs (a) to (f), inclusive, of subsection 1 of NRS 373.066 or paragraphs (a) to (f), inclusive, of subsection 1 of section 1.1 of this act does not apply to any fuel described in NRS 365.220 or 365.230.

      (b) Paragraphs (g) to (m), inclusive, of subsection 1 of NRS 373.066 or paragraphs (g) to (m), inclusive, of subsection 1 of section 1.1 of this act does not apply to any sales or uses described in NRS 366.200, except to any sales or uses described in subsection 1 of that section of any special fuel to which dye has not been added pursuant to federal law or the law of this State, of a type which is lawfully sold in this State both:

             (1) As special fuel to which dye has been added pursuant to such law; and

             (2) As special fuel to which dye has not been added pursuant to such law.

      2.  Each tax imposed pursuant to NRS 373.066 or section 1.1 of this act is in addition to any other motor vehicle fuel taxes and special fuel taxes imposed pursuant to the provisions of this chapter and chapters 365, 366 and 590 of NRS, except that on the effective date of an ordinance adopted pursuant to:

      (a) Paragraph (a) of subsection 1 of NRS 373.066, any tax increase imposed in that county pursuant to subparagraph (2) of paragraph (a) of subsection 1 of NRS 373.065 on the first day of the current fiscal year, and the authority to impose any additional tax increases in that county pursuant to that subparagraph on the first day of each subsequent fiscal year, expire by limitation.

      (b) Paragraph (b) of subsection 1 of NRS 373.066, any tax increase imposed in that county pursuant to subparagraph (2) of paragraph (b) of subsection 1 of NRS 373.065 on the first day of the current fiscal year, and the authority to impose any additional tax increases in that county pursuant to that subparagraph on the first day of each subsequent fiscal year, expire by limitation.

 


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

ê2013 Statutes of Nevada, Page 3554 (Chapter 540, AB 413)ê

 

      (c) Paragraph (c) of subsection 1 of NRS 373.066, any tax increase imposed in that county pursuant to subparagraph (2) of paragraph (c) of subsection 1 of NRS 373.065 on the first day of the current fiscal year, and the authority to impose any additional tax increases in that county pursuant to that subparagraph on the first day of each subsequent fiscal year, expire by limitation.

      (d) Paragraph (d) of subsection 1 of NRS 373.066, any tax increase imposed in that county pursuant to subparagraph (2) of paragraph (d) of subsection 1 of NRS 373.065 on the first day of the current fiscal year, and the authority to impose any additional tax increases in that county pursuant to that subparagraph on the first day of each subsequent fiscal year, expire by limitation.

      Sec. 3.1. NRS 373.068 is hereby amended to read as follows:

      373.068  1.  Any tax imposed pursuant to the provisions of:

      (a) Paragraphs (a) to (f), inclusive, of subsection 1 of NRS 373.066 , paragraphs (a) to (f), inclusive, of subsection 1 of section 1.1 of this act, paragraph (a) of subsection 1 of section 1.2 of this act or paragraphs (a) to (e), inclusive, of subsection 1 of section 1.3 of this act does not apply to any fuel described in NRS 365.220 or 365.230.

      (b) Paragraphs (g) to (m), inclusive, of subsection 1 of NRS 373.066 , paragraphs (g) to (m), inclusive, of subsection 1 of section 1.1 of this act, paragraphs (b) to (e), inclusive, of subsection 1 of section 1.2 of this act or paragraphs (f), (g) and (h) of subsection 1 of section 1.3 of this act does not apply to any sales or uses described in NRS 366.200, except to any sales or uses described in subsection 1 of that section of any special fuel to which dye has not been added pursuant to federal law or the law of this State, of a type which is lawfully sold in this State both:

             (1) As special fuel to which dye has been added pursuant to such law; and

             (2) As special fuel to which dye has not been added pursuant to such law.

      2.  Each tax imposed pursuant to NRS 373.066 or section 1.1, 1.2 or 1.3 of this act is in addition to any other motor vehicle fuel taxes and special fuel taxes imposed pursuant to the provisions of this chapter and chapters 365, 366 and 590 of NRS, except that on the effective date of an ordinance adopted pursuant to:

      (a) Paragraph (a) of subsection 1 of NRS 373.066, any tax increase imposed in that county pursuant to subparagraph (2) of paragraph (a) of subsection 1 of NRS 373.065 on the first day of the current fiscal year, and the authority to impose any additional tax increases in that county pursuant to that subparagraph on the first day of each subsequent fiscal year, expire by limitation.

      (b) Paragraph (b) of subsection 1 of NRS 373.066, any tax increase imposed in that county pursuant to subparagraph (2) of paragraph (b) of subsection 1 of NRS 373.065 on the first day of the current fiscal year, and the authority to impose any additional tax increases in that county pursuant to that subparagraph on the first day of each subsequent fiscal year, expire by limitation.

      (c) Paragraph (c) of subsection 1 of NRS 373.066, any tax increase imposed in that county pursuant to subparagraph (2) of paragraph (c) of subsection 1 of NRS 373.065 on the first day of the current fiscal year, and the authority to impose any additional tax increases in that county pursuant to that subparagraph on the first day of each subsequent fiscal year, expire by limitation.

 


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

ê2013 Statutes of Nevada, Page 3555 (Chapter 540, AB 413)ê

 

the authority to impose any additional tax increases in that county pursuant to that subparagraph on the first day of each subsequent fiscal year, expire by limitation.

      (d) Paragraph (d) of subsection 1 of NRS 373.066, any tax increase imposed in that county pursuant to subparagraph (2) of paragraph (d) of subsection 1 of NRS 373.065 on the first day of the current fiscal year, and the authority to impose any additional tax increases in that county pursuant to that subparagraph on the first day of each subsequent fiscal year, expire by limitation.

      Sec. 3.2. NRS 373.068 is hereby amended to read as follows:

      373.068  1.  Any tax imposed pursuant to the provisions of:

      (a) Paragraphs (a) to (f), inclusive, of subsection 1 of NRS 373.066 , paragraphs (a) to (f), inclusive, of subsection 1 of section 1.1 of this act or paragraph (a) of subsection 1 of section 1.2 of this act does not apply to any fuel described in NRS 365.220 or 365.230.

      (b) Paragraphs (g) to (m), inclusive, of subsection 1 of NRS 373.066 , paragraphs (g) to (m), inclusive, of subsection 1 of section 1.1 of this act or paragraphs (b) to (e), inclusive, of subsection 1 of section 1.2 of this act does not apply to any sales or uses described in NRS 366.200, except to any sales or uses described in subsection 1 of that section of any special fuel to which dye has not been added pursuant to federal law or the law of this State, of a type which is lawfully sold in this State both:

             (1) As special fuel to which dye has been added pursuant to such law; and

             (2) As special fuel to which dye has not been added pursuant to such law.

      2.  Each tax imposed pursuant to NRS 373.066 or section 1.1 or 1.2 of this act is in addition to any other motor vehicle fuel taxes and special fuel taxes imposed pursuant to the provisions of this chapter and chapters 365, 366 and 590 of NRS, except that on the effective date of an ordinance adopted pursuant to:

      (a) Paragraph (a) of subsection 1 of NRS 373.066, any tax increase imposed in that county pursuant to subparagraph (2) of paragraph (a) of subsection 1 of NRS 373.065 on the first day of the current fiscal year, and the authority to impose any additional tax increases in that county pursuant to that subparagraph on the first day of each subsequent fiscal year, expire by limitation.

      (b) Paragraph (b) of subsection 1 of NRS 373.066, any tax increase imposed in that county pursuant to subparagraph (2) of paragraph (b) of subsection 1 of NRS 373.065 on the first day of the current fiscal year, and the authority to impose any additional tax increases in that county pursuant to that subparagraph on the first day of each subsequent fiscal year, expire by limitation.

      (c) Paragraph (c) of subsection 1 of NRS 373.066, any tax increase imposed in that county pursuant to subparagraph (2) of paragraph (c) of subsection 1 of NRS 373.065 on the first day of the current fiscal year, and the authority to impose any additional tax increases in that county pursuant to that subparagraph on the first day of each subsequent fiscal year, expire by limitation.

      (d) Paragraph (d) of subsection 1 of NRS 373.066, any tax increase imposed in that county pursuant to subparagraph (2) of paragraph (d) of subsection 1 of NRS 373.065 on the first day of the current fiscal year, and the authority to impose any additional tax increases in that county pursuant to that subparagraph on the first day of each subsequent fiscal year, expire by limitation.

 


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

ê2013 Statutes of Nevada, Page 3556 (Chapter 540, AB 413)ê

 

the authority to impose any additional tax increases in that county pursuant to that subparagraph on the first day of each subsequent fiscal year, expire by limitation.

      Sec. 3.3. NRS 373.068 is hereby amended to read as follows:

      373.068  1.  Any tax imposed pursuant to the provisions of:

      (a) Paragraphs (a) to (f), inclusive, of subsection 1 of NRS 373.066 , paragraphs (a) to (f), inclusive, of subsection 1 of section 1.1 of this act or paragraphs (a) to (e), inclusive, of subsection 1 of section 1.3 of this act does not apply to any fuel described in NRS 365.220 or 365.230.

      (b) Paragraphs (g) to (m), inclusive, of subsection 1 of NRS 373.066 , paragraphs (g) to (m), inclusive, of subsection 1 of section 1.1 of this act or paragraphs (f), (g) and (h) of subsection 1 of section 1.3 of this act does not apply to any sales or uses described in NRS 366.200, except to any sales or uses described in subsection 1 of that section of any special fuel to which dye has not been added pursuant to federal law or the law of this State, of a type which is lawfully sold in this State both:

             (1) As special fuel to which dye has been added pursuant to such law; and

             (2) As special fuel to which dye has not been added pursuant to such law.

      2.  Each tax imposed pursuant to NRS 373.066 or section 1.1 or 1.3 of this act is in addition to any other motor vehicle fuel taxes and special fuel taxes imposed pursuant to the provisions of this chapter and chapters 365, 366 and 590 of NRS, except that on the effective date of an ordinance adopted pursuant to:

      (a) Paragraph (a) of subsection 1 of NRS 373.066, any tax increase imposed in that county pursuant to subparagraph (2) of paragraph (a) of subsection 1 of NRS 373.065 on the first day of the current fiscal year, and the authority to impose any additional tax increases in that county pursuant to that subparagraph on the first day of each subsequent fiscal year, expire by limitation.

      (b) Paragraph (b) of subsection 1 of NRS 373.066, any tax increase imposed in that county pursuant to subparagraph (2) of paragraph (b) of subsection 1 of NRS 373.065 on the first day of the current fiscal year, and the authority to impose any additional tax increases in that county pursuant to that subparagraph on the first day of each subsequent fiscal year, expire by limitation.

      (c) Paragraph (c) of subsection 1 of NRS 373.066, any tax increase imposed in that county pursuant to subparagraph (2) of paragraph (c) of subsection 1 of NRS 373.065 on the first day of the current fiscal year, and the authority to impose any additional tax increases in that county pursuant to that subparagraph on the first day of each subsequent fiscal year, expire by limitation.

      (d) Paragraph (d) of subsection 1 of NRS 373.066, any tax increase imposed in that county pursuant to subparagraph (2) of paragraph (d) of subsection 1 of NRS 373.065 on the first day of the current fiscal year, and the authority to impose any additional tax increases in that county pursuant to that subparagraph on the first day of each subsequent fiscal year, expire by limitation.

 

 


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

ê2013 Statutes of Nevada, Page 3557 (Chapter 540, AB 413)ê

 

      Sec. 3.5. NRS 373.068 is hereby amended to read as follows:

      373.068  1.  Any tax imposed pursuant to the provisions of:

      (a) Paragraphs (a) to (f), inclusive, of subsection 1 of NRS 373.066 , paragraph (a) of subsection 1 of section 1.2 of this act or paragraphs (a) to (e), inclusive, of subsection 1 of section 1.3 of this act does not apply to any fuel described in NRS 365.220 or 365.230.

      (b) Paragraphs (g) to (m), inclusive, of subsection 1 of NRS 373.066 , paragraphs (b) to (e), inclusive, of subsection 1 of section 1.2 of this act or paragraphs (f), (g) and (h) of subsection 1 of section 1.3 of this act does not apply to any sales or uses described in NRS 366.200, except to any sales or uses described in subsection 1 of that section of any special fuel to which dye has not been added pursuant to federal law or the law of this State, of a type which is lawfully sold in this State both:

             (1) As special fuel to which dye has been added pursuant to such law; and

             (2) As special fuel to which dye has not been added pursuant to such law.

      2.  Each tax imposed pursuant to NRS 373.066 or section 1.2 or 1.3 of this act is in addition to any other motor vehicle fuel taxes and special fuel taxes imposed pursuant to the provisions of this chapter and chapters 365, 366 and 590 of NRS, except that on the effective date of an ordinance adopted pursuant to:

      (a) Paragraph (a) of subsection 1 of NRS 373.066, any tax increase imposed in that county pursuant to subparagraph (2) of paragraph (a) of subsection 1 of NRS 373.065 on the first day of the current fiscal year, and the authority to impose any additional tax increases in that county pursuant to that subparagraph on the first day of each subsequent fiscal year, expire by limitation.

      (b) Paragraph (b) of subsection 1 of NRS 373.066, any tax increase imposed in that county pursuant to subparagraph (2) of paragraph (b) of subsection 1 of NRS 373.065 on the first day of the current fiscal year, and the authority to impose any additional tax increases in that county pursuant to that subparagraph on the first day of each subsequent fiscal year, expire by limitation.

      (c) Paragraph (c) of subsection 1 of NRS 373.066, any tax increase imposed in that county pursuant to subparagraph (2) of paragraph (c) of subsection 1 of NRS 373.065 on the first day of the current fiscal year, and the authority to impose any additional tax increases in that county pursuant to that subparagraph on the first day of each subsequent fiscal year, expire by limitation.

      (d) Paragraph (d) of subsection 1 of NRS 373.066, any tax increase imposed in that county pursuant to subparagraph (2) of paragraph (d) of subsection 1 of NRS 373.065 on the first day of the current fiscal year, and the authority to impose any additional tax increases in that county pursuant to that subparagraph on the first day of each subsequent fiscal year, expire by limitation.

      Sec. 3.7. NRS 373.068 is hereby amended to read as follows:

      373.068  1.  Any tax imposed pursuant to the provisions of:

      (a) Paragraphs (a) to (f), inclusive, of subsection 1 of NRS 373.066 or paragraph (a) of subsection 1 of section 1.2 of this act does not apply to any fuel described in NRS 365.220 or 365.230.

 


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

ê2013 Statutes of Nevada, Page 3558 (Chapter 540, AB 413)ê

 

      (b) Paragraphs (g) to (m), inclusive, of subsection 1 of NRS 373.066 or paragraphs (b) to (e), inclusive, of subsection 1 of section 1.2 of this act does not apply to any sales or uses described in NRS 366.200, except to any sales or uses described in subsection 1 of that section of any special fuel to which dye has not been added pursuant to federal law or the law of this State, of a type which is lawfully sold in this State both:

             (1) As special fuel to which dye has been added pursuant to such law; and

             (2) As special fuel to which dye has not been added pursuant to such law.

      2.  Each tax imposed pursuant to NRS 373.066 or section 1.2 of this act is in addition to any other motor vehicle fuel taxes and special fuel taxes imposed pursuant to the provisions of this chapter and chapters 365, 366 and 590 of NRS, except that on the effective date of an ordinance adopted pursuant to:

      (a) Paragraph (a) of subsection 1 of NRS 373.066, any tax increase imposed in that county pursuant to subparagraph (2) of paragraph (a) of subsection 1 of NRS 373.065 on the first day of the current fiscal year, and the authority to impose any additional tax increases in that county pursuant to that subparagraph on the first day of each subsequent fiscal year, expire by limitation.

      (b) Paragraph (b) of subsection 1 of NRS 373.066, any tax increase imposed in that county pursuant to subparagraph (2) of paragraph (b) of subsection 1 of NRS 373.065 on the first day of the current fiscal year, and the authority to impose any additional tax increases in that county pursuant to that subparagraph on the first day of each subsequent fiscal year, expire by limitation.

      (c) Paragraph (c) of subsection 1 of NRS 373.066, any tax increase imposed in that county pursuant to subparagraph (2) of paragraph (c) of subsection 1 of NRS 373.065 on the first day of the current fiscal year, and the authority to impose any additional tax increases in that county pursuant to that subparagraph on the first day of each subsequent fiscal year, expire by limitation.

      (d) Paragraph (d) of subsection 1 of NRS 373.066, any tax increase imposed in that county pursuant to subparagraph (2) of paragraph (d) of subsection 1 of NRS 373.065 on the first day of the current fiscal year, and the authority to impose any additional tax increases in that county pursuant to that subparagraph on the first day of each subsequent fiscal year, expire by limitation.

      Sec. 3.9. NRS 373.068 is hereby amended to read as follows:

      373.068  1.  Any tax imposed pursuant to the provisions of:

      (a) Paragraphs (a) to (f), inclusive, of subsection 1 of NRS 373.066 or paragraphs (a) to (e), inclusive, of subsection 1 of section 1.3 of this act does not apply to any fuel described in NRS 365.220 or 365.230.

      (b) Paragraphs (g) to (m), inclusive, of subsection 1 of NRS 373.066 or paragraphs (f), (g) and (h) of subsection 1 of section 1.3 of this act does not apply to any sales or uses described in NRS 366.200, except to any sales or uses described in subsection 1 of that section of any special fuel to which dye has not been added pursuant to federal law or the law of this State, of a type which is lawfully sold in this State both:

             (1) As special fuel to which dye has been added pursuant to such law; and

 


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

ê2013 Statutes of Nevada, Page 3559 (Chapter 540, AB 413)ê

 

             (2) As special fuel to which dye has not been added pursuant to such law.

      2.  Each tax imposed pursuant to NRS 373.066 or section 1.3 of this act is in addition to any other motor vehicle fuel taxes and special fuel taxes imposed pursuant to the provisions of this chapter and chapters 365, 366 and 590 of NRS, except that on the effective date of an ordinance adopted pursuant to:

      (a) Paragraph (a) of subsection 1 of NRS 373.066, any tax increase imposed in that county pursuant to subparagraph (2) of paragraph (a) of subsection 1 of NRS 373.065 on the first day of the current fiscal year, and the authority to impose any additional tax increases in that county pursuant to that subparagraph on the first day of each subsequent fiscal year, expire by limitation.

      (b) Paragraph (b) of subsection 1 of NRS 373.066, any tax increase imposed in that county pursuant to subparagraph (2) of paragraph (b) of subsection 1 of NRS 373.065 on the first day of the current fiscal year, and the authority to impose any additional tax increases in that county pursuant to that subparagraph on the first day of each subsequent fiscal year, expire by limitation.

      (c) Paragraph (c) of subsection 1 of NRS 373.066, any tax increase imposed in that county pursuant to subparagraph (2) of paragraph (c) of subsection 1 of NRS 373.065 on the first day of the current fiscal year, and the authority to impose any additional tax increases in that county pursuant to that subparagraph on the first day of each subsequent fiscal year, expire by limitation.

      (d) Paragraph (d) of subsection 1 of NRS 373.066, any tax increase imposed in that county pursuant to subparagraph (2) of paragraph (d) of subsection 1 of NRS 373.065 on the first day of the current fiscal year, and the authority to impose any additional tax increases in that county pursuant to that subparagraph on the first day of each subsequent fiscal year, expire by limitation.

      Sec. 4. NRS 373.070 is hereby amended to read as follows:

      373.070  1.  Any fuel tax ordinance enacted under this chapter must include provisions in substance as follows:

      (a) A provision imposing the additional excise tax and stating the amount of the tax per gallon of fuel.

      (b) If the ordinance imposes a tax on motor vehicle fuel:

             (1) Provisions identical to those contained in chapter 365 of NRS on the date of enactment of the ordinance, insofar as applicable, except that:

                   (I) The name of the county as taxing agency must be substituted for that of the State; and

                   (II) An additional supplier’s license is not required.

             (2) A provision that all amendments to chapter 365 of NRS subsequent to the date of enactment of the ordinance, not inconsistent with this chapter, automatically become a part of the motor vehicle fuel tax ordinance of the county.

      (c) If the ordinance imposes a tax on special fuel:

             (1) Provisions identical to those contained in chapter 366 of NRS on the date of enactment of the ordinance, insofar as applicable and not inconsistent with this chapter, except that:

                   (I) The name of the county as taxing agency must be substituted for that of the State;

 


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

ê2013 Statutes of Nevada, Page 3560 (Chapter 540, AB 413)ê

 

                   (II) An additional special fuel supplier’s license is not required;

                   (III) The ordinance must not include any provisions identical to NRS 366.175 other than the provisions relating to auditing; and

                   (IV) The ordinance must include provisions which carry out the requirements of paragraph (b) of subsection 1 of NRS 373.068 and which prohibit the refund of any tax paid on any taxable sales or uses described in that paragraph.

             (2) A provision that all amendments to chapter 366 of NRS subsequent to the date of enactment of the ordinance, not inconsistent with this chapter, automatically become a part of the special fuel tax ordinance of the county.

      (d) A provision that the county shall contract before the effective date of the county fuel tax ordinance with the Department to perform all functions incident to the administration or operation of the fuel tax ordinance of the county, including, if the ordinance is enacted pursuant to NRS 373.065 or 373.066, or section 1.1 of this act, the calculation of each annual increase in the tax imposed pursuant to the ordinance.

      2.  The provisions of this section do not subject any county fuel taxes imposed pursuant to this chapter to the provisions of NRS 366.175 or any agreement made pursuant thereto, except for those provisions of NRS 366.175 and any agreement made pursuant thereto which relate to auditing. The administration, collection and distribution of any county fuel taxes imposed pursuant to this chapter do not affect, and are not affected by, the administration, collection and distribution of any fuel taxes under any agreement made pursuant to NRS 366.175.

      Sec. 4.3. NRS 373.070 is hereby amended to read as follows:

      373.070  1.  Any fuel tax ordinance enacted under this chapter must include provisions in substance as follows:

      (a) A provision imposing the additional excise tax and stating the amount of the tax per gallon of fuel.

      (b) If the ordinance imposes a tax on motor vehicle fuel:

             (1) Provisions identical to those contained in chapter 365 of NRS on the date of enactment of the ordinance, insofar as applicable, except that:

                   (I) The name of the county as taxing agency must be substituted for that of the State; and

                   (II) An additional supplier’s license is not required.

             (2) A provision that all amendments to chapter 365 of NRS subsequent to the date of enactment of the ordinance, not inconsistent with this chapter, automatically become a part of the motor vehicle fuel tax ordinance of the county.

      (c) If the ordinance imposes a tax on special fuel:

             (1) Provisions identical to those contained in chapter 366 of NRS on the date of enactment of the ordinance, insofar as applicable and not inconsistent with this chapter, except that:

                   (I) The name of the county as taxing agency must be substituted for that of the State;

                   (II) An additional special fuel supplier’s license is not required;

                   (III) The ordinance must not include any provisions identical to NRS 366.175 other than the provisions relating to auditing; and

 


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

ê2013 Statutes of Nevada, Page 3561 (Chapter 540, AB 413)ê

 

                   (IV) The ordinance must include provisions which carry out the requirements of paragraph (b) of subsection 1 of NRS 373.068 and which prohibit the refund of any tax paid on any taxable sales or uses described in that paragraph.

             (2) A provision that all amendments to chapter 366 of NRS subsequent to the date of enactment of the ordinance, not inconsistent with this chapter, automatically become a part of the special fuel tax ordinance of the county.

      (d) A provision that the county shall contract before the effective date of the county fuel tax ordinance with the Department to perform all functions incident to the administration or operation of the fuel tax ordinance of the county, including, if the ordinance is enacted pursuant to NRS 373.065 or 373.066, or section 1.1 or 1.3 of this act, the calculation of each annual increase in the tax imposed pursuant to the ordinance.

      2.  The provisions of this section do not subject any county fuel taxes imposed pursuant to this chapter to the provisions of NRS 366.175 or any agreement made pursuant thereto, except for those provisions of NRS 366.175 and any agreement made pursuant thereto which relate to auditing. The administration, collection and distribution of any county fuel taxes imposed pursuant to this chapter do not affect, and are not affected by, the administration, collection and distribution of any fuel taxes under any agreement made pursuant to NRS 366.175.

      Sec. 4.7. NRS 373.070 is hereby amended to read as follows:

      373.070  1.  Any fuel tax ordinance enacted under this chapter must include provisions in substance as follows:

      (a) A provision imposing the additional excise tax and stating the amount of the tax per gallon of fuel.

      (b) If the ordinance imposes a tax on motor vehicle fuel:

             (1) Provisions identical to those contained in chapter 365 of NRS on the date of enactment of the ordinance, insofar as applicable, except that:

                   (I) The name of the county as taxing agency must be substituted for that of the State; and

                   (II) An additional supplier’s license is not required.

             (2) A provision that all amendments to chapter 365 of NRS subsequent to the date of enactment of the ordinance, not inconsistent with this chapter, automatically become a part of the motor vehicle fuel tax ordinance of the county.

      (c) If the ordinance imposes a tax on special fuel:

             (1) Provisions identical to those contained in chapter 366 of NRS on the date of enactment of the ordinance, insofar as applicable and not inconsistent with this chapter, except that:

                   (I) The name of the county as taxing agency must be substituted for that of the State;

                   (II) An additional special fuel supplier’s license is not required;

                   (III) The ordinance must not include any provisions identical to NRS 366.175 other than the provisions relating to auditing; and

                   (IV) The ordinance must include provisions which carry out the requirements of paragraph (b) of subsection 1 of NRS 373.068 and which prohibit the refund of any tax paid on any taxable sales or uses described in that paragraph.

 


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

ê2013 Statutes of Nevada, Page 3562 (Chapter 540, AB 413)ê

 

             (2) A provision that all amendments to chapter 366 of NRS subsequent to the date of enactment of the ordinance, not inconsistent with this chapter, automatically become a part of the special fuel tax ordinance of the county.

      (d) A provision that the county shall contract before the effective date of the county fuel tax ordinance with the Department to perform all functions incident to the administration or operation of the fuel tax ordinance of the county, including, if the ordinance is enacted pursuant to NRS 373.065 or 373.066, or section 1.3 of this act, the calculation of each annual increase in the tax imposed pursuant to the ordinance.

      2.  The provisions of this section do not subject any county fuel taxes imposed pursuant to this chapter to the provisions of NRS 366.175 or any agreement made pursuant thereto, except for those provisions of NRS 366.175 and any agreement made pursuant thereto which relate to auditing. The administration, collection and distribution of any county fuel taxes imposed pursuant to this chapter do not affect, and are not affected by, the administration, collection and distribution of any fuel taxes under any agreement made pursuant to NRS 366.175.

      Sec. 5. NRS 373.080 is hereby amended to read as follows:

      373.080  All fuel taxes collected during any month by the Department pursuant to a contract with a county must be transmitted each month by the Department to the county and the Department shall, in accordance with the terms of the contract, charge the county for the Department’s services specified in this section and in NRS 373.070, except that in the case of a fuel tax imposed pursuant to NRS 373.065 or 373.066, or section 1.1 of this act, the charge must not exceed 1 percent of the tax collected by the Department.

      Sec. 5.3. NRS 373.080 is hereby amended to read as follows:

      373.080  All fuel taxes collected during any month by the Department pursuant to a contract with a county must be transmitted each month by the Department to the county and the Department shall, in accordance with the terms of the contract, charge the county for the Department’s services specified in this section and in NRS 373.070, except that in the case of a fuel tax imposed pursuant to NRS 373.065 or 373.066, or section 1.1 or 1.3 of this act, the charge must not exceed 1 percent of the tax collected by the Department.

      Sec. 5.7. NRS 373.080 is hereby amended to read as follows:

      373.080  All fuel taxes collected during any month by the Department pursuant to a contract with a county must be transmitted each month by the Department to the county and the Department shall, in accordance with the terms of the contract, charge the county for the Department’s services specified in this section and in NRS 373.070, except that in the case of a fuel tax imposed pursuant to NRS 373.065 or 373.066, or section 1.3 of this act, the charge must not exceed 1 percent of the tax collected by the Department.

      Sec. 6. NRS 373.110 is hereby amended to read as follows:

      373.110  All the net proceeds of any county fuel tax:

      1.  Imposed pursuant to the provisions of NRS 373.030, paragraph (d) of subsection 1 of NRS 373.065 or paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.066 or paragraphs (d) to (m), inclusive, of subsection 1 of section 1.1 of this act which are received by the county pursuant to NRS 373.080 must, except as otherwise provided in NRS 373.119, be deposited by the county treasurer in a fund to be known as the regional street and highway fund in the county treasury, and disbursed only in accordance with the provisions of this chapter and chapter 277A of NRS.

 


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

ê2013 Statutes of Nevada, Page 3563 (Chapter 540, AB 413)ê

 

in accordance with the provisions of this chapter and chapter 277A of NRS. After July 1, 1975, the regional street and highway fund must be accounted for as a separate fund and not as a part of any other fund.

      2.  Imposed pursuant to the provisions of paragraph (a), (b) or (c) of subsection 1 of NRS 373.065 or paragraph (a), (b) or (c) of subsection 1 of NRS 373.066 or paragraph (a), (b) or (c) of subsection 1 of section 1.1 of this act which are received by the county pursuant to NRS 373.080 must be allocated, disbursed and used as provided in the ordinance imposing the tax.

      Sec. 6.3. NRS 373.110 is hereby amended to read as follows:

      373.110  All the net proceeds of any county fuel tax:

      1.  Imposed pursuant to the provisions of NRS 373.030, paragraph (d) of subsection 1 of NRS 373.065 , [or] paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.066 , paragraphs (d) to (m), inclusive, of subsection 1 of section 1.1 of this act or paragraphs (d) to (h), inclusive, of subsection 1 of section 1.3 of this act which are received by the county pursuant to NRS 373.080 must, except as otherwise provided in NRS 373.119, be deposited by the county treasurer in a fund to be known as the regional street and highway fund in the county treasury, and disbursed only in accordance with the provisions of this chapter and chapter 277A of NRS. After July 1, 1975, the regional street and highway fund must be accounted for as a separate fund and not as a part of any other fund.

      2.  Imposed pursuant to the provisions of paragraph (a), (b) or (c) of subsection 1 of NRS 373.065 , [or] paragraph (a), (b) or (c) of subsection 1 of NRS 373.066 , paragraph (a), (b) or (c) of subsection 1 of section 1.1 of this act or paragraph (a), (b) or (c) of subsection 1 of section 1.3 of this act which are received by the county pursuant to NRS 373.080 must be allocated, disbursed and used as provided in the ordinance imposing the tax.

      Sec. 6.7. NRS 373.110 is hereby amended to read as follows:

      373.110  All the net proceeds of any county fuel tax:

      1.  Imposed pursuant to the provisions of NRS 373.030, paragraph (d) of subsection 1 of NRS 373.065 or paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.066 or paragraphs (d) to (h), inclusive, of subsection 1 of section 1.3 of this act which are received by the county pursuant to NRS 373.080 must, except as otherwise provided in NRS 373.119, be deposited by the county treasurer in a fund to be known as the regional street and highway fund in the county treasury, and disbursed only in accordance with the provisions of this chapter and chapter 277A of NRS. After July 1, 1975, the regional street and highway fund must be accounted for as a separate fund and not as a part of any other fund.

      2.  Imposed pursuant to the provisions of paragraph (a), (b) or (c) of subsection 1 of NRS 373.065 or paragraph (a), (b) or (c) of subsection 1 of NRS 373.066 or paragraph (a), (b) or (c) of subsection 1 of section 1.3 of this act which are received by the county pursuant to NRS 373.080 must be allocated, disbursed and used as provided in the ordinance imposing the tax.

      Sec. 7. NRS 373.119 is hereby amended to read as follows:

      373.119  1.  Except to the extent pledged before July 1, 1985, the board may use that portion of the revenue collected pursuant to the provisions of this chapter from any taxes imposed pursuant to the provisions of NRS 373.030, paragraph (d) of subsection 1 of NRS 373.065 or paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.066 or paragraphs (d) to (m), inclusive, of subsection 1 of section 1.1 of this act that represents collections from the sale of fuel for use in boats at marinas in the county to make capital improvements or to conduct programs to encourage safety in boating.

 


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

ê2013 Statutes of Nevada, Page 3564 (Chapter 540, AB 413)ê

 

the county to make capital improvements or to conduct programs to encourage safety in boating. If the county does not control a body of water, where an improvement or program is appropriate, the board may contract with an appropriate person or governmental organization for the improvement or program.

      2.  Each marina shall report monthly to the Department the number of gallons of motor vehicle fuel sold for use in boats. The report must be made on or before the 25th day of each month for sales during the preceding month.

      Sec. 7.3. NRS 373.119 is hereby amended to read as follows:

      373.119  1.  Except to the extent pledged before July 1, 1985, the board may use that portion of the revenue collected pursuant to the provisions of this chapter from any taxes imposed pursuant to the provisions of NRS 373.030, paragraph (d) of subsection 1 of NRS 373.065 or paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.066 , paragraphs (d) to (m), inclusive, of subsection 1 of section 1.1 of this act or paragraphs (d) to (h), inclusive, of subsection 1 of section 1.3 of this act that represents collections from the sale of fuel for use in boats at marinas in the county to make capital improvements or to conduct programs to encourage safety in boating. If the county does not control a body of water, where an improvement or program is appropriate, the board may contract with an appropriate person or governmental organization for the improvement or program.

      2.  Each marina shall report monthly to the Department the number of gallons of motor vehicle fuel sold for use in boats. The report must be made on or before the 25th day of each month for sales during the preceding month.

      Sec. 7.7. NRS 373.119 is hereby amended to read as follows:

      373.119  1.  Except to the extent pledged before July 1, 1985, the board may use that portion of the revenue collected pursuant to the provisions of this chapter from any taxes imposed pursuant to the provisions of NRS 373.030, paragraph (d) of subsection 1 of NRS 373.065 or paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.066 or paragraphs (d) to (h), inclusive, of subsection 1 of section 1.3 of this act that represents collections from the sale of fuel for use in boats at marinas in the county to make capital improvements or to conduct programs to encourage safety in boating. If the county does not control a body of water, where an improvement or program is appropriate, the board may contract with an appropriate person or governmental organization for the improvement or program.

      2.  Each marina shall report monthly to the Department the number of gallons of motor vehicle fuel sold for use in boats. The report must be made on or before the 25th day of each month for sales during the preceding month.

      Sec. 8. NRS 373.120 is hereby amended to read as follows:

      373.120  1.  No county fuel tax ordinance may be repealed or amended or otherwise directly or indirectly modified in such a manner as to impair adversely any outstanding bonds issued under this chapter or other obligations incurred under this chapter, until all obligations for which revenues from such ordinance have been pledged or otherwise made payable from such revenues pursuant to this chapter have been discharged in full, but the board, with the approval of the governing body of each participating city, may at any time dissolve the commission and provide that no further obligations may be incurred thereafter.

 


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

ê2013 Statutes of Nevada, Page 3565 (Chapter 540, AB 413)ê

 

may at any time dissolve the commission and provide that no further obligations may be incurred thereafter.

      2.  The faith of the State of Nevada is hereby pledged that this chapter, NRS 365.180 to 365.200, inclusive, and 365.562, and any law supplemental thereto, including without limitation, provisions for the distribution to any county designated in NRS 373.030, 373.065 or 373.066, or section 1.1 of this act, of the proceeds of the fuel taxes collected thereunder will not be repealed, amended or otherwise directly or indirectly modified in such a manner as to impair adversely any outstanding bonds issued under this chapter or other obligations incurred under this chapter, until all obligations for which any such tax proceeds have been pledged or otherwise made payable from such tax proceeds pursuant to this chapter have been discharged in full, but the State of Nevada may at any time provide by act that no further obligations may be incurred thereafter.

      3.  Except as otherwise provided in subsection 4, any continuing increases in any taxes imposed pursuant to section 1.1 of this act must not be pledged beyond June 30 of the fiscal year that is 5 full fiscal years after bonds or other obligations secured by the taxes imposed pursuant to section 1.1 of this act are issued or incurred, but the taxes imposed pursuant to section 1.1 of this act that are in effect on that June 30 must continue to be pledged to those bonds or other obligations until they are paid in full.

      4.  At any time after bonds are issued or other obligations incurred with a pledge of the taxes imposed pursuant to section 1.1 of this act, the board may, except as otherwise provided in subsection 5 of section 1.1 of this act, by ordinance:

      (a) Continue the pledge of the increase in taxes imposed pursuant to section 1.1 of this act beyond June 30 of the fiscal year that is 5 full fiscal years after bonds or other obligations secured by the taxes imposed pursuant to section 1.1 of this act are issued or incurred, but not beyond June 30 of the fiscal year that is 5 full fiscal years after the adoption of the ordinance pursuant to this paragraph. The process set forth in this paragraph may be repeated until all bonds or other obligations secured by the taxes imposed pursuant to section 1.1 of this act have been paid in full.

      (b) Amend the ordinance imposing the tax to specify a different applicable percentage, including an applicable percentage of zero, but:

             (1) The applicable percentage must not exceed 7.8 percent;

             (2) The applicable percentage must not be reduced with respect to any fiscal year preceding the fiscal year following the effective date of an ordinance adopted pursuant to this subsection; and

             (3) The effective date of any ordinance reducing the applicable percentage must not be sooner than the later of:

                   (I) June 30 of the fiscal year that is 5 full fiscal years after bonds or other obligations secured by the taxes imposed pursuant to section 1.1 of this act are issued or incurred; or

                   (II) June 30 of the fiscal year that is 5 full fiscal years after the date of adoption of any ordinance pursuant to paragraph (a).

      5.  As used in this section, “applicable percentage” has the meaning ascribed to it in paragraph (b) of subsection 6 of section 1.1 of this act.

      Sec. 8.1. NRS 373.120 is hereby amended to read as follows:

      373.120  1.  No county fuel tax ordinance may be repealed or amended or otherwise directly or indirectly modified in such a manner as to impair adversely any outstanding bonds issued under this chapter or other obligations incurred under this chapter, until all obligations for which revenues from such ordinance have been pledged or otherwise made payable from such revenues pursuant to this chapter have been discharged in full, but the board, with the approval of the governing body of each participating city, may at any time dissolve the commission and provide that no further obligations may be incurred thereafter.

 


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

ê2013 Statutes of Nevada, Page 3566 (Chapter 540, AB 413)ê

 

adversely any outstanding bonds issued under this chapter or other obligations incurred under this chapter, until all obligations for which revenues from such ordinance have been pledged or otherwise made payable from such revenues pursuant to this chapter have been discharged in full, but the board, with the approval of the governing body of each participating city, may at any time dissolve the commission and provide that no further obligations may be incurred thereafter.

      2.  The faith of the State of Nevada is hereby pledged that this chapter, NRS 365.180 to 365.200, inclusive, and 365.562, and any law supplemental thereto, including without limitation, provisions for the distribution to any county designated in NRS 373.030, 373.065 or 373.066, or section 1.1, 1.2 or 1.3 of this act, of the proceeds of the fuel taxes collected thereunder will not be repealed, amended or otherwise directly or indirectly modified in such a manner as to impair adversely any outstanding bonds issued under this chapter or other obligations incurred under this chapter, until all obligations for which any such tax proceeds have been pledged or otherwise made payable from such tax proceeds pursuant to this chapter have been discharged in full, but the State of Nevada may at any time provide by act that no further obligations may be incurred thereafter.

      3.  Except as otherwise provided in subsection 4, any continuing increases in any taxes imposed pursuant to section 1.1 or 1.3 of this act must not be pledged beyond June 30 of the fiscal year that is 5 full fiscal years after bonds or other obligations secured by the taxes imposed pursuant to section 1.1 or 1.3 of this act, as applicable, are issued or incurred, but the taxes imposed pursuant to section 1.1 or 1.3 of this act that are in effect on that June 30 must continue to be pledged to those bonds or other obligations until they are paid in full.

      4.  At any time after bonds are issued or other obligations incurred with a pledge of the taxes imposed pursuant to section 1.1 or 1.3 of this act, the board may, except as otherwise provided in subsection 5 of section 1.1 of this act or subsection 4 of section 1.3 of this act, as applicable, by ordinance:

      (a) Continue the pledge of the increase in taxes imposed pursuant to section 1.1 or 1.3 of this act, as applicable, beyond June 30 of the fiscal year that is 5 full fiscal years after bonds or other obligations secured by the taxes imposed pursuant to section 1.1 or 1.3 of this act, as applicable, are issued or incurred, but not beyond June 30 of the fiscal year that is 5 full fiscal years after the adoption of the ordinance pursuant to this paragraph. The process set forth in this paragraph may be repeated until all bonds or other obligations secured by the taxes imposed pursuant to section 1.1 or 1.3 of this act, as applicable, have been paid in full.

      (b) Amend the ordinance imposing the tax to specify a different applicable percentage, including an applicable percentage of zero, but:

             (1) The applicable percentage must not exceed 7.8 percent;

             (2) The applicable percentage must not be reduced with respect to any fiscal year preceding the fiscal year following the effective date of an ordinance adopted pursuant to this subsection; and

             (3) The effective date of any ordinance reducing the applicable percentage must not be sooner than the later of:

                   (I) June 30 of the fiscal year that is 5 full fiscal years after bonds or other obligations secured by the taxes imposed pursuant to section 1.1 or 1.3 of this act, as applicable, are issued or incurred; or

 


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

ê2013 Statutes of Nevada, Page 3567 (Chapter 540, AB 413)ê

 

                   (II) June 30 of the fiscal year that is 5 full fiscal years after the date of adoption of any ordinance pursuant to paragraph (a).

      5.  As used in this section, “applicable percentage”:

      (a) With regard to any tax imposed pursuant to section 1.1 of this act, has the meaning ascribed to it in paragraph (b) of subsection 6 of section 1.1 of this act.

      (b) With regard to any tax imposed pursuant to section 1.3 of this act, has the meaning ascribed to it in paragraph (b) of subsection 5 of section 1.3 of this act.

      Sec. 8.2. NRS 373.120 is hereby amended to read as follows:

      373.120  1.  No county fuel tax ordinance may be repealed or amended or otherwise directly or indirectly modified in such a manner as to impair adversely any outstanding bonds issued under this chapter or other obligations incurred under this chapter, until all obligations for which revenues from such ordinance have been pledged or otherwise made payable from such revenues pursuant to this chapter have been discharged in full, but the board, with the approval of the governing body of each participating city, may at any time dissolve the commission and provide that no further obligations may be incurred thereafter.

      2.  The faith of the State of Nevada is hereby pledged that this chapter, NRS 365.180 to 365.200, inclusive, and 365.562, and any law supplemental thereto, including without limitation, provisions for the distribution to any county designated in NRS 373.030, 373.065 or 373.066, or section 1.1 or 1.2 of this act, of the proceeds of the fuel taxes collected thereunder will not be repealed, amended or otherwise directly or indirectly modified in such a manner as to impair adversely any outstanding bonds issued under this chapter or other obligations incurred under this chapter, until all obligations for which any such tax proceeds have been pledged or otherwise made payable from such tax proceeds pursuant to this chapter have been discharged in full, but the State of Nevada may at any time provide by act that no further obligations may be incurred thereafter.

      3.  Except as otherwise provided in subsection 4, any continuing increases in any taxes imposed pursuant to section 1.1 or 1.3 of this act must not be pledged beyond June 30 of the fiscal year that is 5 full fiscal years after bonds or other obligations secured by the taxes imposed pursuant to section 1.1 of this act are issued or incurred, but the taxes imposed pursuant to section 1.1 of this act that are in effect on that June 30 must continue to be pledged to those bonds or other obligations until they are paid in full.

      4.  At any time after bonds are issued or other obligations incurred with a pledge of the taxes imposed pursuant to section 1.1 of this act, the board may, except as otherwise provided in subsection 5 of section 1.1 of this act, by ordinance:

      (a) Continue the pledge of the increase in taxes imposed pursuant to section 1.1 of this act beyond June 30 of the fiscal year that is 5 full fiscal years after bonds or other obligations secured by the taxes imposed pursuant to section 1.1 of this act are issued or incurred, but not beyond June 30 of the fiscal year that is 5 full fiscal years after the adoption of the ordinance pursuant to this paragraph. The process set forth in this paragraph may be repeated until all bonds or other obligations secured by the taxes imposed pursuant to section 1.1 of this act have been paid in full.

 


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

ê2013 Statutes of Nevada, Page 3568 (Chapter 540, AB 413)ê

 

      (b) Amend the ordinance imposing the tax to specify a different applicable percentage, including an applicable percentage of zero, but:

             (1) The applicable percentage must not exceed 7.8 percent;

             (2) The applicable percentage must not be reduced with respect to any fiscal year preceding the fiscal year following the effective date of an ordinance adopted pursuant to this subsection; and

             (3) The effective date of any ordinance reducing the applicable percentage must not be sooner than the later of:

                   (I) June 30 of the fiscal year that is 5 full fiscal years after bonds or other obligations secured by the taxes imposed pursuant to section 1.1 of this act are issued or incurred; or

                   (II) June 30 of the fiscal year that is 5 full fiscal years after the date of adoption of any ordinance pursuant to paragraph (a).

      5.  As used in this section, “applicable percentage” has the meaning ascribed to it in paragraph (b) of subsection 6 of section 1.1 of this act.

      Sec. 8.3. NRS 373.120 is hereby amended to read as follows:

      373.120  1.  No county fuel tax ordinance may be repealed or amended or otherwise directly or indirectly modified in such a manner as to impair adversely any outstanding bonds issued under this chapter or other obligations incurred under this chapter, until all obligations for which revenues from such ordinance have been pledged or otherwise made payable from such revenues pursuant to this chapter have been discharged in full, but the board, with the approval of the governing body of each participating city, may at any time dissolve the commission and provide that no further obligations may be incurred thereafter.

      2.  The faith of the State of Nevada is hereby pledged that this chapter, NRS 365.180 to 365.200, inclusive, and 365.562, and any law supplemental thereto, including without limitation, provisions for the distribution to any county designated in NRS 373.030, 373.065 or 373.066, or section 1.1 or 1.3 of this act, of the proceeds of the fuel taxes collected thereunder will not be repealed, amended or otherwise directly or indirectly modified in such a manner as to impair adversely any outstanding bonds issued under this chapter or other obligations incurred under this chapter, until all obligations for which any such tax proceeds have been pledged or otherwise made payable from such tax proceeds pursuant to this chapter have been discharged in full, but the State of Nevada may at any time provide by act that no further obligations may be incurred thereafter.

      3.  Except as otherwise provided in subsection 4, any continuing increases in any taxes imposed pursuant to section 1.1 or 1.3 of this act must not be pledged beyond June 30 of the fiscal year that is 5 full fiscal years after bonds or other obligations secured by the taxes imposed pursuant to section 1.1 or 1.3 of this act, as applicable, are issued or incurred, but the taxes imposed pursuant to section 1.1 or 1.3 of this act that are in effect on that June 30 must continue to be pledged to those bonds or other obligations until they are paid in full.

      4.  At any time after bonds are issued or other obligations incurred with a pledge of the taxes imposed pursuant to section 1.1 or 1.3 of this act, the board may, except as otherwise provided in subsection 5 of section 1.1 of this act or subsection 4 of section 1.3 of this act, as applicable, by ordinance:

      (a) Continue the pledge of the increase in taxes imposed pursuant to section 1.1 or 1.3 of this act, as applicable, beyond June 30 of the fiscal year that is 5 full fiscal years after bonds or other obligations secured by the taxes imposed pursuant to section 1.1 or 1.3 of this act, as applicable, are issued or incurred, but not beyond June 30 of the fiscal year that is 5 full fiscal years after the adoption of the ordinance pursuant to this paragraph.

 


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

ê2013 Statutes of Nevada, Page 3569 (Chapter 540, AB 413)ê

 

year that is 5 full fiscal years after bonds or other obligations secured by the taxes imposed pursuant to section 1.1 or 1.3 of this act, as applicable, are issued or incurred, but not beyond June 30 of the fiscal year that is 5 full fiscal years after the adoption of the ordinance pursuant to this paragraph. The process set forth in this paragraph may be repeated until all bonds or other obligations secured by the taxes imposed pursuant to section 1.1 or 1.3 of this act, as applicable, have been paid in full.

      (b) Amend the ordinance imposing the tax to specify a different applicable percentage, including an applicable percentage of zero, but:

             (1) The applicable percentage must not exceed 7.8 percent;

             (2) The applicable percentage must not be reduced with respect to any fiscal year preceding the fiscal year following the effective date of an ordinance adopted pursuant to this subsection; and

             (3) The effective date of any ordinance reducing the applicable percentage must not be sooner than the later of:

                   (I) June 30 of the fiscal year that is 5 full fiscal years after bonds or other obligations secured by the taxes imposed pursuant to section 1.1 or 1.3 of this act, as applicable, are issued or incurred; or

                   (II) June 30 of the fiscal year that is 5 full fiscal years after the date of adoption of any ordinance pursuant to paragraph (a).

      5.  As used in this section, “applicable percentage”:

      (a) With regard to any tax imposed pursuant to section 1.1 of this act, has the meaning ascribed to it in paragraph (b) of subsection 6 of section 1.1 of this act.

      (b) With regard to any tax imposed pursuant to section 1.3 of this act, has the meaning ascribed to it in paragraph (b) of subsection 5 of section 1.3 of this act.

      Sec. 8.5. NRS 373.120 is hereby amended to read as follows:

      373.120  1.  No county fuel tax ordinance may be repealed or amended or otherwise directly or indirectly modified in such a manner as to impair adversely any outstanding bonds issued under this chapter or other obligations incurred under this chapter, until all obligations for which revenues from such ordinance have been pledged or otherwise made payable from such revenues pursuant to this chapter have been discharged in full, but the board, with the approval of the governing body of each participating city, may at any time dissolve the commission and provide that no further obligations may be incurred thereafter.

      2.  The faith of the State of Nevada is hereby pledged that this chapter, NRS 365.180 to 365.200, inclusive, and 365.562, and any law supplemental thereto, including without limitation, provisions for the distribution to any county designated in NRS 373.030, 373.065 or 373.066, or section 1.2 or 1.3 of this act, of the proceeds of the fuel taxes collected thereunder will not be repealed, amended or otherwise directly or indirectly modified in such a manner as to impair adversely any outstanding bonds issued under this chapter or other obligations incurred under this chapter, until all obligations for which any such tax proceeds have been pledged or otherwise made payable from such tax proceeds pursuant to this chapter have been discharged in full, but the State of Nevada may at any time provide by act that no further obligations may be incurred thereafter.

      3.  Except as otherwise provided in subsection 4, any continuing increases in any taxes imposed pursuant to section 1.3 of this act must not be pledged beyond June 30 of the fiscal year that is 5 full fiscal years after bonds or other obligations secured by the taxes imposed pursuant to section 1.3 of this act are issued or incurred, but the taxes imposed pursuant to section 1.3 of this act that are in effect on that June 30 must continue to be pledged to those bonds or other obligations until they are paid in full.

 


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

ê2013 Statutes of Nevada, Page 3570 (Chapter 540, AB 413)ê

 

bonds or other obligations secured by the taxes imposed pursuant to section 1.3 of this act are issued or incurred, but the taxes imposed pursuant to section 1.3 of this act that are in effect on that June 30 must continue to be pledged to those bonds or other obligations until they are paid in full.

      4.  At any time after bonds are issued or other obligations incurred with a pledge of the taxes imposed pursuant to section 1.3 of this act, the board may, except as otherwise provided in subsection 4 of section 1.3 of this act, by ordinance:

      (a) Continue the pledge of the increase in taxes imposed pursuant to section 1.3 of this act beyond June 30 of the fiscal year that is 5 full fiscal years after bonds or other obligations secured by the taxes imposed pursuant to section 1.3 of this act are issued or incurred, but not beyond June 30 of the fiscal year that is 5 full fiscal years after the adoption of the ordinance pursuant to this paragraph. The process set forth in this paragraph may be repeated until all bonds or other obligations secured by the taxes imposed pursuant to section 1.3 of this act have been paid in full.

      (b) Amend the ordinance imposing the tax to specify a different applicable percentage, including an applicable percentage of zero, but:

             (1) The applicable percentage must not exceed 7.8 percent;

             (2) The applicable percentage must not be reduced with respect to any fiscal year preceding the fiscal year following the effective date of an ordinance adopted pursuant to this subsection; and

             (3) The effective date of any ordinance reducing the applicable percentage must not be sooner than the later of:

                   (I) June 30 of the fiscal year that is 5 full fiscal years after bonds or other obligations secured by the taxes imposed pursuant to section 1.3 of this act are issued or incurred; or

                   (II) June 30 of the fiscal year that is 5 full fiscal years after the date of adoption of any ordinance pursuant to paragraph (a).

      5.  As used in this section, “applicable percentage” has the meaning ascribed to it in paragraph (b) of subsection 5 of section 1.3 of this act.

      Sec. 8.7. NRS 373.120 is hereby amended to read as follows:

      373.120  1.  No county fuel tax ordinance may be repealed or amended or otherwise directly or indirectly modified in such a manner as to impair adversely any outstanding bonds issued under this chapter or other obligations incurred under this chapter, until all obligations for which revenues from such ordinance have been pledged or otherwise made payable from such revenues pursuant to this chapter have been discharged in full, but the board, with the approval of the governing body of each participating city, may at any time dissolve the commission and provide that no further obligations may be incurred thereafter.

      2.  The faith of the State of Nevada is hereby pledged that this chapter, NRS 365.180 to 365.200, inclusive, and 365.562, and any law supplemental thereto, including without limitation, provisions for the distribution to any county designated in NRS 373.030, 373.065 or 373.066, or section 1.2 of this act, of the proceeds of the fuel taxes collected thereunder will not be repealed, amended or otherwise directly or indirectly modified in such a manner as to impair adversely any outstanding bonds issued under this chapter or other obligations incurred under this chapter, until all obligations for which any such tax proceeds have been pledged or otherwise made payable from such tax proceeds pursuant to this chapter have been discharged in full, but the State of Nevada may at any time provide by act that no further obligations may be incurred thereafter.

 


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

ê2013 Statutes of Nevada, Page 3571 (Chapter 540, AB 413)ê

 

discharged in full, but the State of Nevada may at any time provide by act that no further obligations may be incurred thereafter.

      Sec. 8.9. NRS 373.120 is hereby amended to read as follows:

      373.120  1.  No county fuel tax ordinance may be repealed or amended or otherwise directly or indirectly modified in such a manner as to impair adversely any outstanding bonds issued under this chapter or other obligations incurred under this chapter, until all obligations for which revenues from such ordinance have been pledged or otherwise made payable from such revenues pursuant to this chapter have been discharged in full, but the board, with the approval of the governing body of each participating city, may at any time dissolve the commission and provide that no further obligations may be incurred thereafter.

      2.  The faith of the State of Nevada is hereby pledged that this chapter, NRS 365.180 to 365.200, inclusive, and 365.562, and any law supplemental thereto, including without limitation, provisions for the distribution to any county designated in NRS 373.030, 373.065 or 373.066, or section 1.3 of this act, of the proceeds of the fuel taxes collected thereunder will not be repealed, amended or otherwise directly or indirectly modified in such a manner as to impair adversely any outstanding bonds issued under this chapter or other obligations incurred under this chapter, until all obligations for which any such tax proceeds have been pledged or otherwise made payable from such tax proceeds pursuant to this chapter have been discharged in full, but the State of Nevada may at any time provide by act that no further obligations may be incurred thereafter.

      3.  Except as otherwise provided in subsection 4, any continuing increases in any taxes imposed pursuant to section 1.3 of this act must not be pledged beyond June 30 of the fiscal year that is 5 full fiscal years after bonds or other obligations secured by the taxes imposed pursuant to section 1.3 of this act are issued or incurred, but the taxes imposed pursuant to section 1.3 of this act that are in effect on that June 30 must continue to be pledged to those bonds or other obligations until they are paid in full.

      4.  At any time after bonds are issued or other obligations incurred with a pledge of the taxes imposed pursuant to section 1.3 of this act, the board may, except as otherwise provided in subsection 4 of section 1.3 of this act, by ordinance:

      (a) Continue the pledge of the increase in taxes imposed pursuant to section 1.3 of this act beyond June 30 of the fiscal year that is 5 full fiscal years after bonds or other obligations secured by the taxes imposed pursuant to section 1.3 of this act are issued or incurred, but not beyond June 30 of the fiscal year that is 5 full fiscal years after the adoption of the ordinance pursuant to this paragraph. The process set forth in this paragraph may be repeated until all bonds or other obligations secured by the taxes imposed pursuant to section 1.3 of this act have been paid in full.

      (b) Amend the ordinance imposing the tax to specify a different applicable percentage, including an applicable percentage of zero, but:

             (1) The applicable percentage must not exceed 7.8 percent;

             (2) The applicable percentage must not be reduced with respect to any fiscal year preceding the fiscal year following the effective date of an ordinance adopted pursuant to this subsection; and

             (3) The effective date of any ordinance reducing the applicable percentage must not be sooner than the later of:

 


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

ê2013 Statutes of Nevada, Page 3572 (Chapter 540, AB 413)ê

 

                   (I) June 30 of the fiscal year that is 5 full fiscal years after bonds or other obligations secured by the taxes imposed pursuant to section 1.3 of this act are issued or incurred; or

                   (II) June 30 of the fiscal year that is 5 full fiscal years after the date of adoption of any ordinance pursuant to paragraph (a).

      5.  As used in this section, “applicable percentage” has the meaning ascribed to it in paragraph (b) of subsection 5 of section 1.3 of this act.

      Sec. 9. NRS 373.131 is hereby amended to read as follows:

      373.131  1.  Money for the payment of the cost of a project within the area embraced by a regional plan for transportation established pursuant to NRS 277A.210 may be obtained by the issuance of revenue bonds and other revenue securities as provided in subsection 2 or, subject to any pledges, liens and other contractual limitations made pursuant to the provisions of this chapter and chapter 277A of NRS, may be obtained by direct distribution from the regional street and highway fund, except to the extent any such use is prevented by the provisions of NRS 373.150, or may be obtained both by the issuance of such securities and by such direct distribution, as the board may determine. Money for street and highway construction outside the area embraced by the plan may be distributed directly from the regional street and highway fund as provided in NRS 373.150.

      2.  The board or, in a county whose population is 100,000 or more, a commission, may, after the enactment of any ordinance authorized by the provisions of NRS 373.030, paragraph (d) of subsection 1 of NRS 373.065 or paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.066, or paragraphs (d) to (m), inclusive, of subsection 1 of section 1.1 of this act, issue revenue bonds and other revenue securities, on the behalf and in the name of the county or the commission, as the case may be:

      (a) The total of all of which, issued and outstanding at any one time, must not be in an amount requiring a total debt service in excess of the estimated receipts to be derived from the taxes imposed pursuant to the provisions of NRS 373.030, paragraph (d) of subsection 1 of NRS 373.065 , [and] paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.066 , [;] paragraphs (d) to (m), inclusive, of subsection 1 of section 1.1 of this act and, with respect to notes, warrants or interim debentures described in paragraphs (a) and (b) of subsection 6, the proceeds of bonds or interim debentures;

      (b) Which must not be general obligations of the county or the commission or a charge on any real estate within the county; and

      (c) Which may be secured as to principal and interest by a pledge authorized by this chapter of the receipts from the fuel taxes designated in this chapter, except such portion of the receipts as may be required for the direct distributions authorized by NRS 373.150.

      3.  A county or a commission as provided in subsection 2 is authorized to issue bonds or other securities without the necessity of their being authorized at any election in such manner and with such terms as provided in this chapter.

      4.  Subject to the provisions of this chapter and chapter 277A of NRS, for any project authorized therein, the board of any county may, on the behalf and in the name of the county, or, in a county whose population is 100,000 or more, a commission may, on behalf and in the name of the commission, borrow money, otherwise become obligated, and evidence obligations by the issuance of bonds and other county or commission securities, and in connection with the undertaking or project, the board or the commission, as the case may be, may otherwise proceed as provided in the Local Government Securities Law.

 


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

ê2013 Statutes of Nevada, Page 3573 (Chapter 540, AB 413)ê

 

securities, and in connection with the undertaking or project, the board or the commission, as the case may be, may otherwise proceed as provided in the Local Government Securities Law.

      5.  All such securities constitute special obligations payable from the net receipts of the fuel taxes designated in this chapter except as otherwise provided in NRS 373.150, and the pledge of revenues to secure the payment of the securities must be limited to those net receipts.

      6.  Except for:

      (a) Any notes or warrants which are funded with the proceeds of interim debentures or bonds;

      (b) Any interim debentures which are funded with the proceeds of bonds;

      (c) Any temporary bonds which are exchanged for definitive bonds;

      (d) Any bonds which are reissued or which are refunded; and

      (e) The use of any profit from any investment and reinvestment for the payment of any bonds or other securities issued pursuant to the provisions of this chapter,

Ê all bonds and other securities issued pursuant to the provisions of this chapter must be payable solely from the proceeds of fuel taxes collected by or remitted to the county pursuant to chapter 365 of NRS, as supplemented by this chapter. Receipts of the taxes levied in NRS 365.180 and 365.190 and pursuant to the provisions of paragraphs (a) and (b) of subsection 1 of NRS 373.065 and paragraphs (a) and (b) of subsection 1 of NRS 373.066 and paragraphs (a) and (b) of subsection 1 of section 1.1 of this act may be used by the county for the payment of securities issued pursuant to the provisions of this chapter and may be pledged therefor. Such taxes may also be used by a commission in a county whose population is 100,000 or more for the payment of bonds or other securities issued pursuant to the provisions of this chapter and may be pledged therefor if the board of the county consents to such use. If during any period any securities payable from these tax proceeds are outstanding, the tax receipts must not be used directly for the construction, maintenance and repair of any streets, roads or other highways nor for any purchase of equipment therefor, and the receipts of the tax levied in NRS 365.190 must not be apportioned pursuant to subsection 2 of NRS 365.560 unless, at any time the tax receipts are so apportioned, provision has been made in a timely manner for the payment of such outstanding securities as to the principal of, any prior redemption premiums due in connection with, and the interest on the securities as they become due, as provided in the securities, the ordinance, in the case of securities issued by a county, or the resolution, in the case of securities issued by a commission, authorizing their issuance and any other instrument appertaining to the securities.

      7.  The ordinance, in the case of securities issued by a county, or the resolution, in the case of securities issued by a commission, authorizing the issuance of any bond or other revenue security under this section must describe the purpose for which it is issued at least in general terms and may describe the purpose in detail. This section does not require the purpose so stated to be set forth in the detail in which the project approved by the commission pursuant to subsection 2 of NRS 373.140 is stated, or prevent the modification by the board or commission, as the case may be, of details as to the purpose stated in the ordinance authorizing the issuance of any bond or other security after its issuance, subject to approval by the commission of the project as so modified, if such bond or other security is issued by the county and not the commission.

 


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

ê2013 Statutes of Nevada, Page 3574 (Chapter 540, AB 413)ê

 

commission of the project as so modified, if such bond or other security is issued by the county and not the commission.

      8.  Notwithstanding any other provision of this chapter, no commission has authority to issue bonds or other securities pursuant to this chapter unless the commission has executed an interlocal agreement with the county relating to the issuance of bonds or other securities by the commission. Any such interlocal agreement must include an acknowledgment of the authority of the commission to issue bonds and other securities and contain provisions relating to the pledge of revenues for the repayment of the bonds or other securities, the lien priority of the pledge of revenues securing the bonds or other securities, and related matters.

      Sec. 9.3. NRS 373.131 is hereby amended to read as follows:

      373.131  1.  Money for the payment of the cost of a project within the area embraced by a regional plan for transportation established pursuant to NRS 277A.210 may be obtained by the issuance of revenue bonds and other revenue securities as provided in subsection 2 or, subject to any pledges, liens and other contractual limitations made pursuant to the provisions of this chapter and chapter 277A of NRS, may be obtained by direct distribution from the regional street and highway fund, except to the extent any such use is prevented by the provisions of NRS 373.150, or may be obtained both by the issuance of such securities and by such direct distribution, as the board may determine. Money for street and highway construction outside the area embraced by the plan may be distributed directly from the regional street and highway fund as provided in NRS 373.150.

      2.  The board or, in a county whose population is 100,000 or more, a commission, may, after the enactment of any ordinance authorized or required by the provisions of NRS 373.030, paragraph (d) of subsection 1 of NRS 373.065 , [or] paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.066, paragraphs (d) to (m), inclusive, of subsection 1 of section 1.1 of this act or paragraphs (d) to (h), inclusive, of subsection 1 of section 1.3 of this act, issue revenue bonds and other revenue securities, on the behalf and in the name of the county or the commission, as the case may be:

      (a) The total of all of which, issued and outstanding at any one time, must not be in an amount requiring a total debt service in excess of the estimated receipts to be derived from the taxes imposed pursuant to the provisions of NRS 373.030, paragraph (d) of subsection 1 of NRS 373.065 , [and] paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.066 [;] and paragraphs (d) to (m), inclusive, of subsection 1 of section 1.1 of this act and paragraphs (d) to (h), inclusive, of subsection 1 of section 1.3 of this act and, with respect to notes, warrants or interim debentures described in paragraphs (a) and (b) of subsection 6, the proceeds of bonds or interim debentures;

      (b) Which must not be general obligations of the county or the commission or a charge on any real estate within the county; and

      (c) Which may be secured as to principal and interest by a pledge authorized by this chapter of the receipts from the fuel taxes designated in this chapter, except such portion of the receipts as may be required for the direct distributions authorized by NRS 373.150.

      3.  A county or a commission as provided in subsection 2 is authorized to issue bonds or other securities without the necessity of their being authorized at any election in such manner and with such terms as provided in this chapter.

 


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

ê2013 Statutes of Nevada, Page 3575 (Chapter 540, AB 413)ê

 

      4.  Subject to the provisions of this chapter and chapter 277A of NRS, for any project authorized therein, the board of any county may, on the behalf and in the name of the county, or, in a county whose population is 100,000 or more, a commission may, on behalf and in the name of the commission, borrow money, otherwise become obligated, and evidence obligations by the issuance of bonds and other county or commission securities, and in connection with the undertaking or project, the board or the commission, as the case may be, may otherwise proceed as provided in the Local Government Securities Law.

      5.  All such securities constitute special obligations payable from the net receipts of the fuel taxes designated in this chapter except as otherwise provided in NRS 373.150, and the pledge of revenues to secure the payment of the securities must be limited to those net receipts.

      6.  Except for:

      (a) Any notes or warrants which are funded with the proceeds of interim debentures or bonds;

      (b) Any interim debentures which are funded with the proceeds of bonds;

      (c) Any temporary bonds which are exchanged for definitive bonds;

      (d) Any bonds which are reissued or which are refunded; and

      (e) The use of any profit from any investment and reinvestment for the payment of any bonds or other securities issued pursuant to the provisions of this chapter,

Ê all bonds and other securities issued pursuant to the provisions of this chapter must be payable solely from the proceeds of fuel taxes collected by or remitted to the county pursuant to chapter 365 of NRS, as supplemented by this chapter. Receipts of the taxes levied in NRS 365.180 and 365.190 and pursuant to the provisions of paragraphs (a) and (b) of subsection 1 of NRS 373.065 , [and] paragraphs (a) and (b) of subsection 1 of NRS 373.066 , paragraphs (a) and (b) of subsection 1 of section 1.1 of this act and paragraphs (a) and (b) of subsection 1 of section 1.3 of this act may be used by the county for the payment of securities issued pursuant to the provisions of this chapter and may be pledged therefor. Such taxes may also be used by a commission in a county whose population is 100,000 or more for the payment of bonds or other securities issued pursuant to the provisions of this chapter and may be pledged therefor if the board of the county consents to such use. If during any period any securities payable from these tax proceeds are outstanding, the tax receipts must not be used directly for the construction, maintenance and repair of any streets, roads or other highways nor for any purchase of equipment therefor, and the receipts of the tax levied in NRS 365.190 must not be apportioned pursuant to subsection 2 of NRS 365.560 unless, at any time the tax receipts are so apportioned, provision has been made in a timely manner for the payment of such outstanding securities as to the principal of, any prior redemption premiums due in connection with, and the interest on the securities as they become due, as provided in the securities, the ordinance, in the case of securities issued by a county, or the resolution, in the case of securities issued by a commission, authorizing their issuance and any other instrument appertaining to the securities.

      7.  The ordinance, in the case of securities issued by a county, or the resolution, in the case of securities issued by a commission, authorizing the issuance of any bond or other revenue security under this section must describe the purpose for which it is issued at least in general terms and may describe the purpose in detail.

 


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

ê2013 Statutes of Nevada, Page 3576 (Chapter 540, AB 413)ê

 

describe the purpose for which it is issued at least in general terms and may describe the purpose in detail. This section does not require the purpose so stated to be set forth in the detail in which the project approved by the commission pursuant to subsection 2 of NRS 373.140 is stated, or prevent the modification by the board or commission, as the case may be, of details as to the purpose stated in the ordinance authorizing the issuance of any bond or other security after its issuance, subject to approval by the commission of the project as so modified, if such bond or other security is issued by the county and not the commission.

      8.  Notwithstanding any other provision of this chapter, no commission has authority to issue bonds or other securities pursuant to this chapter unless the commission has executed an interlocal agreement with the county relating to the issuance of bonds or other securities by the commission. Any such interlocal agreement must include an acknowledgment of the authority of the commission to issue bonds and other securities and contain provisions relating to the pledge of revenues for the repayment of the bonds or other securities, the lien priority of the pledge of revenues securing the bonds or other securities, and related matters.

      Sec. 9.7. NRS 373.131 is hereby amended to read as follows:

      373.131  1.  Money for the payment of the cost of a project within the area embraced by a regional plan for transportation established pursuant to NRS 277A.210 may be obtained by the issuance of revenue bonds and other revenue securities as provided in subsection 2 or, subject to any pledges, liens and other contractual limitations made pursuant to the provisions of this chapter and chapter 277A of NRS, may be obtained by direct distribution from the regional street and highway fund, except to the extent any such use is prevented by the provisions of NRS 373.150, or may be obtained both by the issuance of such securities and by such direct distribution, as the board may determine. Money for street and highway construction outside the area embraced by the plan may be distributed directly from the regional street and highway fund as provided in NRS 373.150.

      2.  The board or, in a county whose population is 100,000 or more, a commission, may, after the enactment of any ordinance authorized or required by the provisions of NRS 373.030, paragraph (d) of subsection 1 of NRS 373.065 or paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.066, or paragraphs (d) to (h), inclusive, of subsection 1 of section 1.3 of this act, issue revenue bonds and other revenue securities, on the behalf and in the name of the county or the commission, as the case may be:

      (a) The total of all of which, issued and outstanding at any one time, must not be in an amount requiring a total debt service in excess of the estimated receipts to be derived from the taxes imposed pursuant to the provisions of NRS 373.030, paragraph (d) of subsection 1 of NRS 373.065 , [and] paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.066 [;] and paragraphs (d) to (h), inclusive, of subsection 1 of section 1.3 of this act and, with respect to notes, warrants or interim debentures described in paragraphs (a) and (b) of subsection 6, the proceeds of bonds or interim debentures;

      (b) Which must not be general obligations of the county or the commission or a charge on any real estate within the county; and

      (c) Which may be secured as to principal and interest by a pledge authorized by this chapter of the receipts from the fuel taxes designated in this chapter, except such portion of the receipts as may be required for the direct distributions authorized by NRS 373.150.

 


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

ê2013 Statutes of Nevada, Page 3577 (Chapter 540, AB 413)ê

 

this chapter, except such portion of the receipts as may be required for the direct distributions authorized by NRS 373.150.

      3.  A county or a commission as provided in subsection 2 is authorized to issue bonds or other securities without the necessity of their being authorized at any election in such manner and with such terms as provided in this chapter.

      4.  Subject to the provisions of this chapter and chapter 277A of NRS, for any project authorized therein, the board of any county may, on the behalf and in the name of the county, or, in a county whose population is 100,000 or more, a commission may, on behalf and in the name of the commission, borrow money, otherwise become obligated, and evidence obligations by the issuance of bonds and other county or commission securities, and in connection with the undertaking or project, the board or the commission, as the case may be, may otherwise proceed as provided in the Local Government Securities Law.

      5.  All such securities constitute special obligations payable from the net receipts of the fuel taxes designated in this chapter except as otherwise provided in NRS 373.150, and the pledge of revenues to secure the payment of the securities must be limited to those net receipts.

      6.  Except for:

      (a) Any notes or warrants which are funded with the proceeds of interim debentures or bonds;

      (b) Any interim debentures which are funded with the proceeds of bonds;

      (c) Any temporary bonds which are exchanged for definitive bonds;

      (d) Any bonds which are reissued or which are refunded; and

      (e) The use of any profit from any investment and reinvestment for the payment of any bonds or other securities issued pursuant to the provisions of this chapter,

Ê all bonds and other securities issued pursuant to the provisions of this chapter must be payable solely from the proceeds of fuel taxes collected by or remitted to the county pursuant to chapter 365 of NRS, as supplemented by this chapter. Receipts of the taxes levied in NRS 365.180 and 365.190 and pursuant to the provisions of paragraphs (a) and (b) of subsection 1 of NRS 373.065 and paragraphs (a) and (b) of subsection 1 of NRS 373.066 and paragraphs (a) and (b) of subsection 1 of section 1.3 of this act may be used by the county for the payment of securities issued pursuant to the provisions of this chapter and may be pledged therefor. Such taxes may also be used by a commission in a county whose population is 100,000 or more for the payment of bonds or other securities issued pursuant to the provisions of this chapter and may be pledged therefor if the board of the county consents to such use. If during any period any securities payable from these tax proceeds are outstanding, the tax receipts must not be used directly for the construction, maintenance and repair of any streets, roads or other highways nor for any purchase of equipment therefor, and the receipts of the tax levied in NRS 365.190 must not be apportioned pursuant to subsection 2 of NRS 365.560 unless, at any time the tax receipts are so apportioned, provision has been made in a timely manner for the payment of such outstanding securities as to the principal of, any prior redemption premiums due in connection with, and the interest on the securities as they become due, as provided in the securities, the ordinance, in the case of securities issued by a county, or the resolution, in the case of securities issued by a commission, authorizing their issuance and any other instrument appertaining to the securities.

 


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

ê2013 Statutes of Nevada, Page 3578 (Chapter 540, AB 413)ê

 

case of securities issued by a commission, authorizing their issuance and any other instrument appertaining to the securities.

      7.  The ordinance, in the case of securities issued by a county, or the resolution, in the case of securities issued by a commission, authorizing the issuance of any bond or other revenue security under this section must describe the purpose for which it is issued at least in general terms and may describe the purpose in detail. This section does not require the purpose so stated to be set forth in the detail in which the project approved by the commission pursuant to subsection 2 of NRS 373.140 is stated, or prevent the modification by the board or commission, as the case may be, of details as to the purpose stated in the ordinance authorizing the issuance of any bond or other security after its issuance, subject to approval by the commission of the project as so modified, if such bond or other security is issued by the county and not the commission.

      8.  Notwithstanding any other provision of this chapter, no commission has authority to issue bonds or other securities pursuant to this chapter unless the commission has executed an interlocal agreement with the county relating to the issuance of bonds or other securities by the commission. Any such interlocal agreement must include an acknowledgment of the authority of the commission to issue bonds and other securities and contain provisions relating to the pledge of revenues for the repayment of the bonds or other securities, the lien priority of the pledge of revenues securing the bonds or other securities, and related matters.

      Sec. 10. NRS 373.140 is hereby amended to read as follows:

      373.140  1.  After the enactment of ordinances as authorized in NRS 277A.170 and 373.030, all street and highway construction, surfacing or resurfacing projects in the county which are proposed to be financed from any county fuel tax imposed pursuant to the provisions of NRS 373.030, paragraph (d) of subsection 1 of NRS 373.065 or paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.066 or paragraphs (d) to (m), inclusive, of subsection 1 of section 1.1 of this act must first be submitted to the commission.

      2.  If the project is within the area covered by a regional plan for transportation established pursuant to NRS 277A.210, the commission shall evaluate it in terms of:

      (a) The priorities established by the plan;

      (b) The relation of the proposed work to other projects already constructed or authorized;

      (c) The relative need for the project in comparison with others proposed; and

      (d) The money available.

Ê If the commission approves the project, the board may authorize the project, using all or any part of the proceeds of any county fuel tax authorized pursuant to the provisions of NRS 373.030, paragraph (d) of subsection 1 of NRS 373.065 or paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.066, or paragraphs (d) to (m), inclusive, of subsection 1 of section 1.1 of this act, except as otherwise required by subsection 6 or to the extent any such use is prevented by the provisions for direct distribution required by NRS 373.150 or is prevented by any pledge to secure the payment of outstanding bonds, other securities or other obligations incurred under this chapter, and other contractual limitations appertaining to such obligations as authorized by NRS 373.160, and the proceeds of revenue bonds or other securities issued or to be issued as provided in NRS 373.131.

 


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

ê2013 Statutes of Nevada, Page 3579 (Chapter 540, AB 413)ê

 

bonds or other securities issued or to be issued as provided in NRS 373.131. Except as otherwise provided in subsection 3, if the board authorizes the project, the responsibilities for letting construction and other necessary contracts, contract administration, supervision and inspection of work and the performance of other duties related to the acquisition of the project must be specified in written agreements executed by the board and the governing bodies of the cities and towns within the area covered by a regional plan for transportation established pursuant to NRS 277A.210.

      3.  In a county in which two or more governmental entities are represented on the commission, the governing bodies of those governmental entities may enter into a written master agreement that allows a written agreement described in subsection 2 to be executed by only the commission and the governmental entity that receives funding for the approved project. The provisions of a written master agreement must not be used until the governing body of each governmental entity represented on the commission ratifies the written master agreement.

      4.  If the project is outside the area covered by a plan, the commission shall evaluate it in terms of:

      (a) Its relation to the regional plan for transportation established pursuant to NRS 277A.210, if any;

      (b) The relation of the proposed work to other projects constructed or authorized;

      (c) The relative need for the proposed work in relation to others proposed by the same city or town; and

      (d) The availability of money.

Ê If the commission approves the project, the board shall direct the county treasurer to distribute the sum approved to the city or town requesting the project, in accordance with NRS 373.150.

      5.  In counties whose population is less than 100,000, the commission shall certify the adoption of the plan in compliance with subsections 2 and 4.

      6.  The proceeds of a tax imposed pursuant to any of the provisions of paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.066 or paragraphs (d) to (m), inclusive, of subsection 1 of section 1.1 of this act must be expended in accordance with priorities for projects established in coordination and cooperation with the Department of Transportation.

      Sec. 10.3. NRS 373.140 is hereby amended to read as follows:

      373.140  1.  After the enactment of ordinances as authorized in NRS 277A.170 and 373.030, all street and highway construction, surfacing or resurfacing projects in the county which are proposed to be financed from any county fuel tax imposed pursuant to the provisions of NRS 373.030, paragraph (d) of subsection 1 of NRS 373.065 , [or] paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.066 , paragraphs (d) to (m), inclusive, of subsection 1 of section 1.1 of this act or paragraphs (d) to (h), inclusive, of subsection 1 of section 1.3 of this act must first be submitted to the commission.

      2.  If the project is within the area covered by a regional plan for transportation established pursuant to NRS 277A.210, the commission shall evaluate it in terms of:

      (a) The priorities established by the plan;

      (b) The relation of the proposed work to other projects already constructed or authorized;

 


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

ê2013 Statutes of Nevada, Page 3580 (Chapter 540, AB 413)ê

 

      (c) The relative need for the project in comparison with others proposed; and

      (d) The money available.

Ê If the commission approves the project, the board may authorize the project, using all or any part of the proceeds of any county fuel tax authorized pursuant to the provisions of NRS 373.030, paragraph (d) of subsection 1 of NRS 373.065 , [or] paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.066, paragraphs (d) to (m), inclusive, of subsection 1 of section 1.1 of this act or paragraphs (d) to (h), inclusive, of subsection 1 of section 1.3 of this act, except as otherwise required by subsection 6 or to the extent any such use is prevented by the provisions for direct distribution required by NRS 373.150 or is prevented by any pledge to secure the payment of outstanding bonds, other securities or other obligations incurred under this chapter, and other contractual limitations appertaining to such obligations as authorized by NRS 373.160, and the proceeds of revenue bonds or other securities issued or to be issued as provided in NRS 373.131. Except as otherwise provided in subsection 3, if the board authorizes the project, the responsibilities for letting construction and other necessary contracts, contract administration, supervision and inspection of work and the performance of other duties related to the acquisition of the project must be specified in written agreements executed by the board and the governing bodies of the cities and towns within the area covered by a regional plan for transportation established pursuant to NRS 277A.210.

      3.  In a county in which two or more governmental entities are represented on the commission, the governing bodies of those governmental entities may enter into a written master agreement that allows a written agreement described in subsection 2 to be executed by only the commission and the governmental entity that receives funding for the approved project. The provisions of a written master agreement must not be used until the governing body of each governmental entity represented on the commission ratifies the written master agreement.

      4.  If the project is outside the area covered by a plan, the commission shall evaluate it in terms of:

      (a) Its relation to the regional plan for transportation established pursuant to NRS 277A.210, if any;

      (b) The relation of the proposed work to other projects constructed or authorized;

      (c) The relative need for the proposed work in relation to others proposed by the same city or town; and

      (d) The availability of money.

Ê If the commission approves the project, the board shall direct the county treasurer to distribute the sum approved to the city or town requesting the project, in accordance with NRS 373.150.

      5.  In counties whose population is less than 100,000, the commission shall certify the adoption of the plan in compliance with subsections 2 and 4.

      6.  The proceeds of a tax imposed pursuant to any of the provisions of paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.066 , paragraphs (d) to (m), inclusive, of subsection 1 of section 1.1 of this act or paragraphs (d) to (h), inclusive, of subsection 1 of section 1.3 of this act must be expended in accordance with priorities for projects established in coordination and cooperation with the Department of Transportation.

 


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

ê2013 Statutes of Nevada, Page 3581 (Chapter 540, AB 413)ê

 

      Sec. 10.7. NRS 373.140 is hereby amended to read as follows:

      373.140  1.  After the enactment of ordinances as authorized in NRS 277A.170 and 373.030, all street and highway construction, surfacing or resurfacing projects in the county which are proposed to be financed from any county fuel tax imposed pursuant to the provisions of NRS 373.030, paragraph (d) of subsection 1 of NRS 373.065 or paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.066 or paragraphs (d) to (h), inclusive, of subsection 1 of section 1.3 of this act must first be submitted to the commission.

      2.  If the project is within the area covered by a regional plan for transportation established pursuant to NRS 277A.210, the commission shall evaluate it in terms of:

      (a) The priorities established by the plan;

      (b) The relation of the proposed work to other projects already constructed or authorized;

      (c) The relative need for the project in comparison with others proposed; and

      (d) The money available.

Ê If the commission approves the project, the board may authorize the project, using all or any part of the proceeds of any county fuel tax authorized pursuant to the provisions of NRS 373.030, paragraph (d) of subsection 1 of NRS 373.065 or paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.066, or paragraphs (d) to (h), inclusive, of subsection 1 of section 1.3 of this act, except as otherwise required by subsection 6 or to the extent any such use is prevented by the provisions for direct distribution required by NRS 373.150 or is prevented by any pledge to secure the payment of outstanding bonds, other securities or other obligations incurred under this chapter, and other contractual limitations appertaining to such obligations as authorized by NRS 373.160, and the proceeds of revenue bonds or other securities issued or to be issued as provided in NRS 373.131. Except as otherwise provided in subsection 3, if the board authorizes the project, the responsibilities for letting construction and other necessary contracts, contract administration, supervision and inspection of work and the performance of other duties related to the acquisition of the project must be specified in written agreements executed by the board and the governing bodies of the cities and towns within the area covered by a regional plan for transportation established pursuant to NRS 277A.210.

      3.  In a county in which two or more governmental entities are represented on the commission, the governing bodies of those governmental entities may enter into a written master agreement that allows a written agreement described in subsection 2 to be executed by only the commission and the governmental entity that receives funding for the approved project. The provisions of a written master agreement must not be used until the governing body of each governmental entity represented on the commission ratifies the written master agreement.

      4.  If the project is outside the area covered by a plan, the commission shall evaluate it in terms of:

      (a) Its relation to the regional plan for transportation established pursuant to NRS 277A.210, if any;

      (b) The relation of the proposed work to other projects constructed or authorized;

 


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

ê2013 Statutes of Nevada, Page 3582 (Chapter 540, AB 413)ê

 

      (c) The relative need for the proposed work in relation to others proposed by the same city or town; and

      (d) The availability of money.

Ê If the commission approves the project, the board shall direct the county treasurer to distribute the sum approved to the city or town requesting the project, in accordance with NRS 373.150.

      5.  In counties whose population is less than 100,000, the commission shall certify the adoption of the plan in compliance with subsections 2 and 4.

      6.  The proceeds of a tax imposed pursuant to any of the provisions of paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.066 or paragraphs (d) to (h), inclusive, of subsection 1 of section 1.3 of this act must be expended in accordance with priorities for projects established in coordination and cooperation with the Department of Transportation.

      Sec. 11. NRS 373.160 is hereby amended to read as follows:

      373.160  1.  The ordinance or ordinances, or the resolution or resolutions, providing for the issuance of any bonds or other securities issued under this chapter payable from the receipts from the fuel excise taxes designated in this chapter may at the discretion of the board or, in the case of bonds or other securities issued by a commission, the commission, in addition to covenants and other provisions authorized in the Local Government Securities Law, contain covenants or other provisions as to the pledge of and the creation of a lien upon the receipts of the taxes collected for the county pursuant to the provisions of NRS 373.030, paragraph (d) of subsection 1 of NRS 373.065 and paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.066, and paragraphs (d) to (m), inclusive, of subsection 1 of section 1.1 of this act, excluding any tax proceeds to be distributed directly under the provisions of NRS 373.150, or the proceeds of the bonds or other securities pending their application to defray the cost of the project, or both such tax proceeds and security proceeds, to secure the payment of revenue bonds or other securities issued under this chapter.

      2.  If the board or, in the case of bonds or other securities issued by a commission, the commission, determines in any ordinance or resolution authorizing the issuance of any bonds or other securities under this chapter that the proceeds of the taxes levied and collected pursuant to the provisions of NRS 373.030, paragraph (d) of subsection 1 of NRS 373.065 and paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.066 and paragraphs (d) to (m), inclusive, of subsection 1 of section 1.1 of this act are sufficient to pay all bonds and securities, including the proposed issue, from the proceeds thereof, the board or, in the case of bonds or other securities issued by a commission, the commission with the consent of the board as provided in subsection 6 of NRS 373.131, may additionally secure the payment of any bonds or other securities issued pursuant to the ordinance or resolution under this chapter by a pledge of and the creation of a lien upon not only the proceeds of any fuel tax authorized at the time of the issuance of such securities to be used for such payment in subsection 6 of NRS 373.131, but also the proceeds of any such tax thereafter authorized to be used or pledged, or used and pledged, for the payment of such securities, whether such tax be levied or collected by the county, the State of Nevada, or otherwise, or be levied in at least an equivalent value in lieu of any such tax existing at the time of the issuance of such securities or be levied in supplementation thereof.

 


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

ê2013 Statutes of Nevada, Page 3583 (Chapter 540, AB 413)ê

 

      3.  The pledges and liens authorized by subsections 1 and 2 extend to the proceeds of any tax collected for use by the county on any fuel so long as any bonds or other securities issued under this chapter remain outstanding and are not limited to any type or types of fuel in use when the bonds or other securities are issued.

      Sec. 11.1. NRS 373.160 is hereby amended to read as follows:

      373.160  1.  The ordinance or ordinances, or the resolution or resolutions, providing for the issuance of any bonds or other securities issued under this chapter payable from the receipts from the fuel excise taxes designated in this chapter may at the discretion of the board or, in the case of bonds or other securities issued by a commission, the commission, in addition to covenants and other provisions authorized in the Local Government Securities Law, contain covenants or other provisions as to the pledge of and the creation of a lien upon the receipts of the taxes collected for the county pursuant to the provisions of NRS 373.030, paragraph (d) of subsection 1 of NRS 373.065 and paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.066, paragraphs (d) to (m), inclusive, of subsection 1 of section 1.1 of this act and paragraphs (d) to (h), inclusive, of subsection 1 of section 1.3 of this act, excluding any tax proceeds to be distributed directly under the provisions of NRS 373.150, or the proceeds of the bonds or other securities pending their application to defray the cost of the project, or both such tax proceeds and security proceeds, to secure the payment of revenue bonds or other securities issued under this chapter.

      2.  If the board or, in the case of bonds or other securities issued by a commission, the commission, determines in any ordinance or resolution authorizing the issuance of any bonds or other securities under this chapter that the proceeds of the taxes levied and collected pursuant to the provisions of NRS 373.030, paragraph (d) of subsection 1 of NRS 373.065 and paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.066 , paragraphs (d) to (m), inclusive, of subsection 1 of section 1.1 of this act and paragraphs (d) to (h), inclusive, of subsection 1 of section 1.3 of this act are sufficient to pay all bonds and securities, including the proposed issue, from the proceeds thereof, the board or, in the case of bonds or other securities issued by a commission, the commission with the consent of the board as provided in subsection 6 of NRS 373.131, may additionally secure the payment of any bonds or other securities issued pursuant to the ordinance or resolution under this chapter by a pledge of and the creation of a lien upon not only the proceeds of any fuel tax authorized at the time of the issuance of such securities to be used for such payment in subsection 6 of NRS 373.131, but also the proceeds of any such tax thereafter authorized to be used or pledged, or used and pledged, for the payment of such securities, whether such tax be levied or collected by the county, the State of Nevada, or otherwise, or be levied in at least an equivalent value in lieu of any such tax existing at the time of the issuance of such securities or be levied in supplementation thereof.

      3.  The pledges and liens authorized by subsections 1 and 2 extend to the proceeds of any tax collected for use by the county on any fuel so long as any bonds or other securities issued under this chapter remain outstanding and are not limited to any type or types of fuel in use when the bonds or other securities are issued.

 


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

ê2013 Statutes of Nevada, Page 3584 (Chapter 540, AB 413)ê

 

      Sec. 11.3. NRS 373.160 is hereby amended to read as follows:

      373.160  1.  The ordinance or ordinances, or the resolution or resolutions, providing for the issuance of any bonds or other securities issued under this chapter payable from the receipts from the fuel excise taxes designated in this chapter may at the discretion of the board or, in the case of bonds or other securities issued by a commission, the commission, in addition to covenants and other provisions authorized in the Local Government Securities Law, contain covenants or other provisions as to the pledge of and the creation of a lien upon the receipts of the taxes collected for the county pursuant to the provisions of NRS 373.030, paragraph (d) of subsection 1 of NRS 373.065 and paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.066, and paragraphs (d) to (h), inclusive, of subsection 1 of section 1.3 of this act, excluding any tax proceeds to be distributed directly under the provisions of NRS 373.150, or the proceeds of the bonds or other securities pending their application to defray the cost of the project, or both such tax proceeds and security proceeds, to secure the payment of revenue bonds or other securities issued under this chapter.

      2.  If the board or, in the case of bonds or other securities issued by a commission, the commission, determines in any ordinance or resolution authorizing the issuance of any bonds or other securities under this chapter that the proceeds of the taxes levied and collected pursuant to the provisions of NRS 373.030, paragraph (d) of subsection 1 of NRS 373.065 and paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.066 and paragraphs (d) to (h), inclusive, of subsection 1 of section 1.3 of this act are sufficient to pay all bonds and securities, including the proposed issue, from the proceeds thereof, the board or, in the case of bonds or other securities issued by a commission, the commission with the consent of the board as provided in subsection 6 of NRS 373.131, may additionally secure the payment of any bonds or other securities issued pursuant to the ordinance or resolution under this chapter by a pledge of and the creation of a lien upon not only the proceeds of any fuel tax authorized at the time of the issuance of such securities to be used for such payment in subsection 6 of NRS 373.131, but also the proceeds of any such tax thereafter authorized to be used or pledged, or used and pledged, for the payment of such securities, whether such tax be levied or collected by the county, the State of Nevada, or otherwise, or be levied in at least an equivalent value in lieu of any such tax existing at the time of the issuance of such securities or be levied in supplementation thereof.

      3.  The pledges and liens authorized by subsections 1 and 2 extend to the proceeds of any tax collected for use by the county on any fuel so long as any bonds or other securities issued under this chapter remain outstanding and are not limited to any type or types of fuel in use when the bonds or other securities are issued.

      Sec. 11.5. NRS 350.155 is hereby amended to read as follows:

      350.155  1.  Except as otherwise provided in subsection 2, a municipality shall sell the bonds it issues by competitive bid if the credit rating for the bonds or any other bonds of the municipality with the same security, determined without regard to insurance for the bonds or any other independent enhancement of credit, is rated by a nationally recognized rating service as “A-,” “A,” “AA,” “AAA,” or their equivalents, 90 days before and on the day the bonds are sold and:

 


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

ê2013 Statutes of Nevada, Page 3585 (Chapter 540, AB 413)ê

 

      (a) The bonds are general obligation bonds;

      (b) The primary security for the bonds is an excise tax; or

      (c) The bonds are issued pursuant to chapter 271 of NRS and are secured by a pledge of the taxing power and the general fund of the municipality.

      2.  The provisions of subsection 1 and NRS 350.175 and 350.185 do not apply to:

      (a) Any bond which is issued with a variable rate of interest.

      (b) A bond issue whose principal amount is $1,000,000 or less.

      (c) A bond issue with a term of 3 years or less.

      (d) A bond issue for which an invitation for competitive bids was issued and for which no bids were received or all bids were rejected.

      (e) Leases, contracts for purchase by installment and certificates of participation if the obligations of the municipality thereunder will terminate when the municipality fails to appropriate money to pay that obligation for the next fiscal year.

      (f) Economic development revenue bonds issued pursuant to the city economic development revenue bond law or the county economic development revenue bond law.

      (g) Bonds sold by the municipality to:

             (1) The United States or any agency or instrumentality thereof;

             (2) The State of Nevada;

             (3) Any other municipality; or

             (4) Not more than 10 investors, each of whom certifies that he or she:

                   (I) Has a net worth of $500,000 or more; and

                   (II) Is purchasing for investment and not for resale.

      (h) Bonds which require unusual methods of financing, if the chief administrative officer of the municipality certifies in writing that the proposed method of financing:

             (1) Has not been used previously by any municipality in this state; and

             (2) May provide a substantial benefit to the municipality.

      (i) Refunding bonds, if the chief administrative officer of the municipality certifies in writing that the use of a negotiated sale may provide a substantial benefit to the municipality which would not be available if the bonds were sold by competitive bid.

      (j) Bonds which are sold at a time when, because of particular conditions in the market, a negotiated sale may provide a benefit to the municipality which would not be available if the bonds were sold by competitive bid, if the chief administrative officer of the municipality so certifies in writing.

      (k) Bonds which are issued pursuant to chapter 271 of NRS and are not secured by a pledge of the taxing power and general fund of the municipality.

      (l) Revenue bonds which are issued pursuant to chapter 350A of NRS and are secured by a pledge of the allocable local revenues of the municipality.

      [(m) Revenue bonds which are sold pursuant to chapter 373 of NRS.]

      3.  The certificate required by paragraph (h) of subsection 2 must specifically describe the proposed method of financing. The certificate required by paragraph (i) of subsection 2 must specifically describe the circumstances that may provide a substantial benefit if the refunding bonds are negotiated. The certificate required by paragraph (j) of subsection 2 must specifically describe the particular conditions in the market which indicate that a negotiated sale of the bonds may provide a benefit to the municipality.

 


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

ê2013 Statutes of Nevada, Page 3586 (Chapter 540, AB 413)ê

 

that a negotiated sale of the bonds may provide a benefit to the municipality. Each certificate required pursuant to subsection 2 must be submitted to the governing body of the municipality at a regularly scheduled meeting of that body and include:

      (a) The estimated amount of the benefit which will accrue to the municipality.

      (b) If the municipality has a financial adviser, a written report prepared by that financial adviser which specifically describes the method of sale which will be used for the proposed financing.

      4.  A copy of:

      (a) The certificate required by paragraph (h), (i) or (j) of subsection 2; and

      (b) The report required pursuant to subsection 3,

Ê must be filed with the debt management commission of the county where the municipality is located, the county clerk and the Department of Taxation. Before entering into a contract to sell bonds, at least two-thirds of the members of the governing body of the municipality must approve the certificate.

      5.  If a municipality is required to sell the bonds it issues by competitive bid pursuant to the provisions of this section, it must cause an invitation for competitive bids, or notice thereof, to be published before the date of the sale in the daily or weekly version of the Bond Buyer, published at One State Street Plaza in New York City, New York, or any successor publication.

      6.  As used in this section, “invitation for competitive bids” means a process by which sealed bids or the reasonable equivalent thereof, as approved by the governing body of a municipality, are solicited, received and publicly opened at a specified time, place and date.

      Sec. 12.  If an ordinance authorized by section 1.1 of this act is not adopted before October 1, 2013:

      1.  A question must be placed on the ballot at the general election on November 8, 2016, in each county in this State which asks the voters whether to authorize the State to impose, for the period beginning on January 1, 2017, and ending on December 31, 2026, the taxes authorized by section 1.2 of this act and the increases in those taxes authorized by that section.

      2.  A question must be placed on the ballot at the general election on November 8, 2016, in each county in this State other than Washoe County, which asks the voters in the county whether to authorize the board of county commissioners of the county to impose, for the period beginning on January 1, 2017, and ending on December 31, 2026, the taxes authorized by section 1.3 of this act and the additional annual increases in those taxes authorized by that section.

      Sec. 13.  If an ordinance authorized by section 1.1 of this act is adopted before October 1, 2013:

      1.  A question must be placed on the ballot at the general election on November 8, 2016, in each county in this State which asks the voters whether to authorize the State to impose, for the period beginning on January 1, 2017, and ending on December 31, 2026, the taxes authorized by section 1.2 of this act and the increases in those taxes authorized by that section.

      2.  A question must be placed on the ballot at the general election on November 8, 2016, in each county in this State other than Clark County and Washoe County, which asks the voters in the county whether to authorize the board of county commissioners of the county to impose, for the period beginning on January 1, 2017, and ending on December 31, 2026, the taxes authorized by section 1.3 of this act and the additional annual increases in those taxes authorized by that section.

 


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

ê2013 Statutes of Nevada, Page 3587 (Chapter 540, AB 413)ê

 

Washoe County, which asks the voters in the county whether to authorize the board of county commissioners of the county to impose, for the period beginning on January 1, 2017, and ending on December 31, 2026, the taxes authorized by section 1.3 of this act and the additional annual increases in those taxes authorized by that section.

      Sec. 14.  1.  This section and sections 1, 1.1, 1.7, 1.75, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 11.5 of this act become effective upon passage and approval.

      2.  Section 12 of this act becomes effective on October 1, 2013, if and only if a board of county commissioners does not adopt an ordinance authorized by section 1.1 of this act before October 1, 2013.

      3.  Section 13 of this act becomes effective on October 1, 2013, if and only if a board of county commissioners adopts an ordinance authorized by section 1.1 of this act before October 1, 2013.

      4.  Sections 1.2, 1.5, 3.2 and 8.2 of this act become effective on January 1, 2017, if:

      (a) A board of county commissioners adopts an ordinance authorized by section 1.1 of this act before October 1, 2013;

      (b) The question placed on the ballot at the general election on November 8, 2016, pursuant to subsection 1 of section 13 of this act is approved by a majority of the registered voters in this State voting on the question; and

      (c) The question placed on the ballot at the general election on November 8, 2016, pursuant to subsection 2 of section 13 of this act is not approved by a majority of the registered voters in every county in this State voting on the question.

      5.  Sections 1.2, 1.3, 1.5, 1.8, 1.85, 2.3, 3.1, 4.3, 5.3, 6.3, 7.3, 8.1, 9.3, 10.3 and 11.1 of this act become effective on January 1, 2017, if:

      (a) A board of county commissioners adopts an ordinance authorized by section 1.1 of this act before October 1, 2013;

      (b) The question placed on the ballot at the general election on November 8, 2016, pursuant to subsection 1 of section 13 of this act is approved by a majority of the registered voters in this State voting on the question; and

      (c) The question placed on the ballot at the general election on November 8, 2016, pursuant to subsection 2 of section 13 of this act is approved by a majority of the registered voters in any county in this State voting on the question.

      6.  Sections 1.3, 1.8, 1.85, 2.3, 3.3, 4.3, 5.3, 6.3, 7.3, 8.3, 9.3, 10.3 and 11.1 of this act become effective on January 1, 2017, if:

      (a) A board of county commissioners adopts an ordinance authorized by section 1.1 of this act before October 1, 2013;

      (b) The question placed on the ballot at the general election on November 8, 2016, pursuant to subsection 1 of section 13 of this act is not approved by a majority of the registered voters in this State voting on the question; and

      (c) The question placed on the ballot at the general election on November 8, 2016, pursuant to subsection 2 of section 13 of this act is approved by a majority of the registered voters in any county in this State voting on the question.

      7.  Sections 1.2, 1.5, 3.7 and 8.7 of this act become effective on January 1, 2017, if:

 


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

ê2013 Statutes of Nevada, Page 3588 (Chapter 540, AB 413)ê

 

      (a) A board of county commissioners does not adopt an ordinance authorized by section 1.1 of this act before October 1, 2013;

      (b) The question placed on the ballot at the general election on November 8, 2016, pursuant to subsection 1 of section 12 of this act is approved by a majority of the registered voters in this State voting on the question; and

      (c) The question placed on the ballot at the general election on November 8, 2016, pursuant to subsection 2 of section 12 of this act is not approved by a majority of the registered voters in every county in this State voting on the question.

      8.  Sections 1.2, 1.3, 1.5, 1.9, 1.95, 2.7, 3.5, 4.7, 5.7, 6.7, 7.7, 8.5, 9.7, 10.7 and 11.3 of this act become effective on January 1, 2017, if:

      (a) A board of county commissioners does not adopt an ordinance authorized by section 1.1 of this act before October 1, 2013;

      (b) The question placed on the ballot at the general election on November 8, 2016, pursuant to subsection 1 of section 12 of this act is approved by a majority of the registered voters in this State voting on the question; and

      (c) The question placed on the ballot at the general election on November 8, 2016, pursuant to subsection 2 of section 12 of this act is approved by a majority of the registered voters in any county in this State voting on the question.

      9.  Sections 1.3, 1.9, 1.95, 2.7, 3.9, 4.7, 5.7, 6.7, 7.7, 8.9, 9.7, 10.7 and 11.3 of this act become effective on January 1, 2017, if:

      (a) A board of county commissioners does not adopt an ordinance authorized by section 1.1 of this act before October 1, 2013;

      (b) The question placed on the ballot at the general election on November 8, 2016, pursuant to subsection 1 of section 12 of this act is not approved by a majority of the registered voters in this State voting on the question; and

      (c) The question placed on the ballot at the general election on November 8, 2016, pursuant to subsection 2 of section 12 of this act is approved by a majority of the registered voters in any county in this State voting on the question.

      10.  Sections 1.1, 1.7, 1.75, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11 of this act expire by limitation on October 1, 2013, if a board of county commissioners does not adopt an ordinance authorized by section 1.1 of this act before October 1, 2013.

________

 

Link to Page 3589