Link to Page 254

 

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ê2003 Statutes of Nevada, 20th Special Session, Page 255 (Chapter 5, SB 8)ê

 

      6.  Sections 1 to 10, inclusive, 11 to 50, inclusive, 51 to 63, inclusive, 101 to 109, inclusive, 111 to 119, inclusive, 123 to 126, inclusive, 128, 129, 131 to 140, inclusive, 147 to 153, inclusive, 163, 164, 165, 166, 167, 174, 176 to 179, inclusive, 181.30 to 181.50, inclusive, 183 and 183.3 of this act and subsection 3 of section 186 of this act become effective:

      (a) 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

      (b) On October 1, 2003, for all other purposes.

      7.  Sections 10.5, 64 to 100, inclusive, 162, 164.38, 168, 169, 173, 173.7, 175, 180, 181 and 182 of this act and subsection 4 of section 186 of this act become effective:

      (a) 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

      (b) On January 1, 2004, for all other purposes.

      8.  Sections 183.5 and 184 of this act become effective:

      (a) 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

      (b) On July 1, 2004, for all other purposes.

      9.  Sections 165.4 and 189.12 of this act become effective on July 1, 2004.

      10.  Sections 50.5, 109.5 and 119.5 of this act become effective:

      (a) 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

      (b) On July 1, 2005, for all other purposes.

      11.  Sections 142, 144 and 146 of this act become effective at 12:01 a.m. on October 1, 2029.

      12.  Sections 154 to 160, inclusive, of this act expire by limitation on June 30, 2005.

      13.  Sections 141, 143 and 145 of this act expire by limitation on September 30, 2029.

________

 


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ê2003 Statutes of Nevada, 20th Special Session, Page 256ê

 

CHAPTER 6, AB 5

Assembly Bill No. 5–Committee of the Whole

 

CHAPTER 6

 

AN ACT relating to statutes; making technical corrections to certain measures approved by the 72nd Session of the Nevada Legislature; and providing other matters properly relating thereto.

 

[Approved: July 22, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Section 1 of Assembly Bill No. 192 of the 72nd Session of the Nevada Legislature is hereby amended to read as follows:

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

      1.  With respect to any special license plate that is issued pursuant to NRS 482.3667 to 482.3825, inclusive, and for which an additional fee is imposed for the issuance of the special license plate to generate financial support for a charitable organization:

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

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

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

      (b) The Department may, except as otherwise provided in this paragraph and after [approving the final design of] the particular special license plate [,] is approved for issuance, issue the special license plate for a trailer or other type of vehicle that is not a passenger car or light commercial vehicle, excluding motorcycles and vehicles required to be registered with the Department pursuant to NRS 706.801 to 706.861, inclusive, upon application by a person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. The Department may not issue a special license plate for such other types of vehicles if the Department determines that the design or manufacture of the plate for those other types of vehicles would not be feasible. In addition, if the Department incurs additional costs to manufacture a special license plate for such other types of vehicles, including, without limitation, costs associated with the purchase, manufacture or modification of dies or other equipment necessary to manufacture the special license plate for such other types of vehicles, those additional costs must be paid from private sources without any expense to the State of Nevada.

      2.  As used in this section, “charitable organization” means a particular cause, charity or other entity that receives money from the imposition of an additional fee in connection with the issuance of a special license plate pursuant to NRS 482.3667 to 482.3825, inclusive.


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ê2003 Statutes of Nevada, 20th Special Session, Page 257 (Chapter 6, AB 5)ê

 

imposition of an additional fee in connection with the issuance of a special license plate pursuant to NRS 482.3667 to 482.3825, inclusive. The term includes the successor, if any, of a charitable organization.

      Sec. 2.  Section 2 of Assembly Bill No. 388 of the 72nd Session of the Nevada Legislature is hereby amended to read as follows:

      Sec. 2.  Chapter 287 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A local government employer and any employee organization that is recognized by the employer pursuant to chapter 288 of NRS may, by written agreement between themselves or with other local government employers and employee organizations, establish a trust fund to provide health and welfare benefits to active and retired employees of the participating employers and the dependents of those employees.

      2.  All contributions made to a trust fund established pursuant to this section must be held in trust and used:

      (a) To provide, from principal or income, or both, for the benefit of the participating employees and their dependents, medical, hospital, dental, vision, death, disability or accident benefits, or any combination thereof, and any other benefit appropriate for an entity that qualifies as a voluntary employees’ beneficiary association under Section 501(c)(9) of the Internal Revenue Code of 1986, 26 U.S.C. § 501(c)(9), as amended; and

      (b) To pay any reasonable administrative expenses incident to the provision of these benefits and the administration of the trust.

      3.  The basis on which contributions are to be made to the trust must be specified in a collective bargaining agreement between each participating local government employer and employee organization or in a written participation agreement between the employer and employee organization, jointly, and the trust.

      4.  The trust must be administered by a board of trustees on which participating local government employers and employee organizations are equally represented. The agreement that establishes the trust must:

      (a) Set forth the powers and duties of the board of trustees, which must not be inconsistent with the provisions of this section;

      (b) Establish a procedure for resolving expeditiously any deadlock that arises among the members of the board of trustees; and

      (c) Provide for an audit of the trust, at least annually, the results of which must be reported to each participating employer and employee organization.

      5.  The provisions of paragraphs (b) and (c) of subsection 2 of section 1 of Senate Bill No. 28 of the 72nd Session of the Nevada Legislature apply to a trust fund established pursuant to this section by the governing body of a school district.

      6.  As used in this section:

      (a) “Employee organization” has the meaning ascribed to it in NRS 288.040.

      (b) “Local government employer” has the meaning ascribed to it in NRS 288.060.


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ê2003 Statutes of Nevada, 20th Special Session, Page 258 (Chapter 6, AB 5)ê

 

      Sec. 3.  Section 16 of Assembly Bill No. 490 of the 72nd Session of the Nevada Legislature is hereby amended to read as follows:

      Sec. 16.  1.  The Commissioner shall collect an assessment pursuant to this section from each:

      (a) Escrow [agent] agency that is supervised pursuant to chapter 645A of NRS;

      (b) Mortgage broker that is supervised pursuant to chapter 645B of NRS; and

      (c) Mortgage banker that is supervised pursuant to chapter 645E of NRS.

      2.  The Commissioner shall determine the total amount of all assessments to be collected from the entities identified in subsection 1, but that amount must not exceed the amount necessary to recover the cost of legal services provided by the Attorney General to the Commissioner and to the Division. The total amount of all assessments collected must be reduced by any amounts collected by the Commissioner from an entity for the recovery of the costs of legal services provided by the Attorney General in a specific case.

      3.  The Commissioner shall collect from each entity identified in subsection 1 an assessment that is based on:

      (a) An equal basis; or

      (b) Any other reasonable basis adopted by the Commissioner.

      4.  The assessment required by this section is in addition to any other assessment, fee or cost required by law to be paid by an entity identified in subsection 1.

      5.  Money collected by the Commissioner pursuant to this section must be deposited in the Fund for Mortgage Lending created by section 17 of this act.

      Sec. 4.  Section 45 of Assembly Bill No. 490 of the 72nd Session of the Nevada Legislature is hereby amended to read as follows:

      Sec. 45.  NRS 645B.670 is hereby amended to read as follows:

      645B.670  Except as otherwise provided in NRS 645B.690:

      1.  For each violation committed by an applicant for a license issued pursuant to this chapter, whether or not he is issued a license, the Commissioner may impose upon the applicant an administrative fine of not more than $10,000, if the applicant:

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

      (b) Has suppressed or withheld from the Commissioner any information which the applicant possesses and which, if submitted by him, would have rendered the applicant ineligible to be licensed pursuant to the provisions of this chapter; or

      (c) Has violated any provision of this chapter, a regulation adopted pursuant to this chapter or an order of the Commissioner in completing and filing his application for a license or during the course of the investigation of his application for a license.

      2.  For each violation committed by a [licensee,] mortgage broker, the Commissioner may impose upon the [licensee] mortgage broker an administrative fine of not more than $10,000, may suspend, revoke or place conditions upon his license, or may do both, if the [licensee,] mortgage broker, whether or not acting as such:

      (a) Is insolvent;


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ê2003 Statutes of Nevada, 20th Special Session, Page 259 (Chapter 6, AB 5)ê

 

      (b) Is grossly negligent or incompetent in performing any act for which he is required to be licensed pursuant to the provisions of this chapter;

      (c) Does not conduct his business in accordance with law or has violated any provision of this chapter, a regulation adopted pursuant to this chapter or an order of the Commissioner;

      (d) Is in such financial condition that he cannot continue in business with safety to his customers;

      (e) Has made a material misrepresentation in connection with any transaction governed by this chapter;

      (f) Has suppressed or withheld from a client any material facts, data or other information relating to any transaction governed by the provisions of this chapter which the [licensee] mortgage broker knew or, by the exercise of reasonable diligence, should have known;

      (g) Has knowingly made or caused to be made to the Commissioner any false representation of material fact or has suppressed or withheld from the Commissioner any information which the [licensee] mortgage broker possesses and which, if submitted by him, would have rendered the [licensee] mortgage broker ineligible to be licensed pursuant to the provisions of this chapter;

      (h) Has failed to account to persons interested for all money received for a trust account;

      (i) Has refused to permit an examination by the Commissioner of his books and affairs or has refused or failed, within a reasonable time, to furnish any information or make any report that may be required by the Commissioner pursuant to the provisions of this chapter or a regulation adopted pursuant to this chapter;

      (j) Has been convicted of, or entered a plea of nolo contendere to, a felony or any crime involving fraud, misrepresentation or moral turpitude;

      (k) Has refused or failed to pay, within a reasonable time, any fees, assessments, costs or expenses that the [licensee] mortgage broker is required to pay pursuant to this chapter or a regulation adopted pursuant to this chapter;

      (l) Has failed to satisfy a claim made by a client which has been reduced to judgment;

      (m) Has failed to account for or to remit any money of a client within a reasonable time after a request for an accounting or remittal;

      (n) Has commingled the money or other property of a client with his own or has converted the money or property of others to his own use;

      (o) Has engaged in any other conduct constituting a deceitful, fraudulent or dishonest business practice;

      (p) Has repeatedly violated the policies and procedures of the mortgage broker;

      (q) Has failed to exercise reasonable supervision over the activities of a mortgage agent as required by NRS 645B.460;

      (r) Has instructed a mortgage agent to commit an act that would be cause for the revocation of the license of the mortgage broker, whether or not the mortgage agent commits the act;


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ê2003 Statutes of Nevada, 20th Special Session, Page 260 (Chapter 6, AB 5)ê

 

      (s) Has employed a person as a mortgage agent or authorized a person to be associated with the [licensee] mortgage broker as a mortgage agent at a time when the [licensee] mortgage broker knew or, in light of all the surrounding facts and circumstances, reasonably should have known that the person:

             (1) Had been convicted of, or entered a plea of nolo contendere to, a felony or any crime involving fraud, misrepresentation or moral turpitude; or

             (2) Had a financial services license or registration suspended or revoked within the immediately preceding 10 years; or

      (t) Has not conducted verifiable business as a mortgage broker for 12 consecutive months, except in the case of a new applicant. The Commissioner shall determine whether a mortgage broker is conducting business by examining the monthly reports of activity submitted by the [licensee] mortgage broker or by conducting an examination of the [licensee.] mortgage broker.

      3.  For each violation committed by a mortgage agent, the Commissioner may impose upon the mortgage agent an administrative fine of not more than $10,000, may suspend, revoke or place conditions upon his license, or may do both, if the mortgage agent, whether or not acting as such:

      (a) Is grossly negligent or incompetent in performing any act for which he is required to be licensed pursuant to the provisions of this chapter;

      (b) Has made a material misrepresentation in connection with any transaction governed by this chapter;

      (c) Has suppressed or withheld from a client any material facts, data or other information relating to any transaction governed by the provisions of this chapter which the mortgage agent knew or, by the exercise of reasonable diligence, should have known;

      (d) Has knowingly made or caused to be made to the Commissioner any false representation of material fact or has suppressed or withheld from the Commissioner any information which the mortgage agent possesses and which, if submitted by him, would have rendered the mortgage agent ineligible to be licensed pursuant to the provisions of this chapter;

      (e) Has been convicted of, or entered a plea of nolo contendere to, a felony or any crime involving fraud, misrepresentation or moral turpitude;

      (f) Has failed to account for or to remit any money of a client within a reasonable time after a request for an accounting or remittal;

      (g) Has commingled the money or other property of a client with his own or has converted the money or property of others to his own use;

      (h) Has engaged in any other conduct constituting a deceitful, fraudulent or dishonest business practice;

      (i) Has repeatedly violated the policies and procedures of the mortgage broker with whom he is associated or by whom he is employed; or

      (j) Has violated any provision of this chapter, a regulation adopted pursuant to this chapter or an order of the Commissioner or has assisted or offered to assist another person to commit such a violation.


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ê2003 Statutes of Nevada, 20th Special Session, Page 261 (Chapter 6, AB 5)ê

 

or has assisted or offered to assist another person to commit such a violation.

      Sec. 5.  Section 3 of Assembly Bill No. 493 of the 72nd Session of the Nevada Legislature is hereby amended to read as follows:

      Sec. 3.  1.  On a quarterly or other regular basis, the Commissioner shall collect an assessment pursuant to this section from each:

      (a) Check-cashing service or deferred deposit service that is supervised pursuant to chapter 604 of NRS;

      (b) [Escrow agent that is supervised pursuant to chapter 645A of NRS;

      (c) Mortgage broker that is supervised pursuant to chapter 645B of NRS;

      (d) Mortgage company that is supervised pursuant to chapter 645E of NRS;

      (e)] Collection agency that is supervised pursuant to chapter 649 of NRS;

      [(f)] (c) Bank that is supervised pursuant to chapters 657 to 668, inclusive, of NRS;

      [(g)] (d) Trust company that is supervised pursuant to chapter 669 of NRS;

      [(h)] (e) Development corporation that is supervised pursuant to chapter 670 of NRS;

      [(i)] (f) Corporation for economic revitalization and diversification that is supervised pursuant to chapter 670A of NRS;

      [(j)] (g) Person engaged in the business of selling or issuing checks or of receiving for transmission or transmitting money or credits that is supervised pursuant to chapter 671 of NRS;

      [(k)] (h) Savings and loan association that is supervised pursuant to chapter 673 of NRS;

      [(l)] (i) Person engaged in the business of lending that is supervised pursuant to chapter 675 of NRS;

      [(m)] (j) Person engaged in the business of debt adjusting that is supervised pursuant to chapter 676 of NRS;

      [(n)] (k) Thrift company that is supervised pursuant to chapter 677 of NRS; and

      [(o)] (l) Credit union that is supervised pursuant to chapter 678 of NRS.

      2.  The Commissioner shall determine the total amount of all assessments to be collected from the entities identified in subsection 1, but that amount must not exceed the amount necessary to recover the cost of legal services provided by the Attorney General to the Commissioner and to the Division. The total amount of all assessments collected must be reduced by any amounts collected by the Commissioner from an entity for the recovery of the costs of legal services provided by the Attorney General in a specific case.

      3.  The Commissioner shall collect from each entity identified in subsection 1 an assessment that is based on:

      (a) A portion of the total amount of all assessments as determined pursuant to subsection 2, such that the assessment collected from an entity identified in subsection 1 shall bear the same relation to the total amount of all assessments as the total assets of that entity bear to the total of all assets of all entities identified in subsection 1; or


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ê2003 Statutes of Nevada, 20th Special Session, Page 262 (Chapter 6, AB 5)ê

 

total amount of all assessments as the total assets of that entity bear to the total of all assets of all entities identified in subsection 1; or

      (b) Any other reasonable basis adopted by the Commissioner.

      4.  The assessment required by this section is in addition to any other assessment, fee or cost required by law to be paid by an entity identified in subsection 1.

      5.  Money collected by the Commissioner pursuant to this section must be deposited in the State Treasury pursuant to the provisions of section 2 of this act.

      Sec. 6.  Section 15 of Assembly Bill No. 541 of the 72nd Session of the Nevada Legislature is hereby amended to read as follows:

      Sec. 15.  Chapter 294A of NRS is hereby amended by adding thereto a new section to read as follows:

      The Secretary of State [and a city clerk] shall not request or require a candidate, person, group of persons, committee or political party to list each of the expenditures or campaign expenses of $100 or less on a form designed and provided pursuant to [NRS 294A.125, 294A.200, 294A.210, 294A.220, 294A.280, 294A.360 or 294A.362.] section 1 of Assembly Bill No. 529 of the 72nd Session of the Nevada Legislature.

      Sec. 7.  Section 4 of Assembly Bill No. 555 of the 72nd Session of the Nevada Legislature is hereby amended to read as follows:

      Sec. 4.  1.  There is hereby appropriated from the State General Fund to the State Board of Examiners for reimbursement to any department, commission or agency of the State of Nevada, including the Judicial Branch of government, which receives part or all of its funding from the State General Fund, for the difference between the maximum amount allowed in sections 1, 2 and 3 of this act and the amount budgeted for that purpose:

For the Fiscal Year 2004-2005................................................................. $874,112

      2.  There is hereby appropriated from the State Highway Fund to the State Board of Examiners for reimbursement to a state agency which receives part or all of its funding from the State Highway Fund, for the difference between the maximum amount allowed in sections 1, 2 and 3 of this act and the amount budgeted for that purpose:

For the Fiscal Year 2004-2005.................................................................... $19,188

      3.  The State Board of Examiners, upon the recommendation of the Director of the Department of Administration, may allocate and disburse from the appropriate fund to various departments, commissions and agencies of the State of Nevada, out of the money appropriated by this section such sums of money as may from time to time be required, which, when added to the money otherwise appropriated or available, equals the amount of money required to pay the salaries of the [classified] unclassified employees of the respective departments, commissions and agencies under the adjusted pay plan.

      Sec. 8.  Senate Bill No. 78 of the 72nd Session of the Nevada Legislature is hereby amended by adding thereto a new section to be designated as sec. 7.5, immediately following sec. 7, to read as follows:

      Sec. 7.5.  Notwithstanding any law to the contrary, any regulations adopted pursuant to the amendatory provisions of Chapter 418, Statutes of Nevada 2001, at page 2120, before July 1, 2003, that were originally set to:


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ê2003 Statutes of Nevada, 20th Special Session, Page 263 (Chapter 6, AB 5)ê

 

418, Statutes of Nevada 2001, at page 2120, before July 1, 2003, that were originally set to:

      1.  Expire by limitation on June 30, 2003, are hereby extended and shall remain effective through June 30, 2009; or

      2.  Become effective on July 1, 2003, are hereby delayed and shall become effective on July 1, 2009,

unless amended or repealed before that date.

      Sec. 9.  Section 8 of Senate Bill No. 78 of the 72nd Session of the Nevada Legislature is hereby amended to read as follows:

      Sec. 8.  1.  This section and section 7.5 of this act become effective on June 30, 2003.

      2.  Sections 1, 3, 5, 6 and 7 of this act become effective on July 1, 2003.

      3.  Sections 1 and 3 of this act expire by limitation on June 30, 2009.

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

      Sec. 10.  Section 1.3 of Senate Bill No. 147 of the 72nd Session of the Nevada Legislature is hereby amended to read as follows:

      Sec. 1.3.  1.  A list of each public officer who is required to file a statement of financial disclosure [pursuant to NRS 281.561 or section 1.7 of this act] must be submitted electronically to the Commission and to the Secretary of State, in a form prescribed by the Commission, on or before December 1 of each year by:

      (a) Each county clerk for all public officers of the county and other local governments within the county other than cities;

      (b) Each city clerk for all public officers of the city;

      (c) The Director of the Legislative Counsel Bureau for all public officers of the Legislative Branch; and

      (d) The Chief of the Budget Division of the Department of Administration for all public officers of the Executive Branch.

      2.  The Secretary of State, each county clerk, or the registrar of voters of the county if one was appointed pursuant to NRS 244.164, and each city clerk shall submit electronically to the Commission, and each county clerk, or the registrar of voters of the county if one was appointed pursuant to NRS 244.164, and each city clerk shall submit electronically to the Secretary of State, in a form prescribed by the Commission, a list of each candidate for public office who filed a declaration of candidacy or acceptance of candidacy with that officer within 10 days after the last day to qualify as a candidate for the applicable office.

      Sec. 11.  Section 2 of Senate Bill No. 147 of the 72nd Session of the Nevada Legislature is hereby amended to read as follows:

      Sec. 2.  NRS 281.431 is hereby amended to read as follows:

      281.431  As used in NRS 281.411 to 281.581, inclusive, and [sections 1.3 and 1.7] section 1.3 of this act, unless the context otherwise requires, the words and terms defined in NRS 281.432 to 281.4375, inclusive, have the meanings ascribed to them in those sections.


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ê2003 Statutes of Nevada, 20th Special Session, Page 264 (Chapter 6, AB 5)ê

 

      Sec. 12.  Section 9 of Senate Bill No. 183 of the 72nd Session of the Nevada Legislature is hereby amended to read as follows:

      Sec. 9.  Chapter 287 of NRS is hereby amended by adding thereto a new section to read as follows:

      The governing body of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada that provides health insurance through a plan of self-insurance shall provide coverage for colorectal cancer screening in accordance with:

      1.  The guidelines concerning colorectal cancer screening which are published by the American Cancer Society; or

      2.  Other guidelines or reports concerning colorectal cancer screening which are published by nationally recognized professional organizations and which include current or prevailing supporting scientific data.

      Sec. 13.  Section 1 of Senate Bill No. 233 of the 72nd Session of the Nevada Legislature is hereby amended to read as follows:

      Section 1.  NRS 349.986 is hereby amended to read as follows:

      349.986  The State Board of Finance shall issue general obligation bonds of the State of Nevada in the face amount of not more than [$86,000,000] $90,000,000 to support the purposes of the program. The net proceeds from the sale of the bonds must be deposited in the Fund. The bonds must be redeemed through the Consolidated Bond Interest and Redemption Fund.

      Sec. 14.  Section 35 of Senate Bill No. 250 of the 72nd Session of the Nevada Legislature is hereby amended to read as follows:

      Sec. 35.  [In] Except as otherwise provided in section 5 of Senate Bill No. 332 of the 72nd Session of the Nevada Legislature, in addition to the other requirements for licensure, an applicant for a license to practice medicine shall cause to be submitted to the Board a certificate of completion of progressive postgraduate training from the residency program where the applicant received training.

      Sec. 15.  Section 52 of Senate Bill No. 250 of the 72nd Session of the Nevada Legislature is hereby amended to read as follows:

      Sec. 52.  NRS 630.301 is hereby amended to read as follows:

      630.301  The following acts, among others, constitute grounds for initiating disciplinary action or denying licensure:

      1.  Conviction of a felony [.] relating to the practice of medicine or the ability to practice medicine. A plea of nolo contendere is a conviction for the purposes of this subsection.

      2.  Conviction of violating any of the provisions of NRS 616D.200, 616D.220, 616D.240, 616D.300, 616D.310 or 616D.350 to 616D.440, inclusive.

      3.  The revocation, suspension, modification or limitation of the license to practice any type of medicine by any other jurisdiction or the surrender of the license or discontinuing the practice of medicine while under investigation by any licensing authority, a medical facility, a branch of the Armed Services of the United States, an insurance company, an agency of the Federal Government or an employer.


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ê2003 Statutes of Nevada, 20th Special Session, Page 265 (Chapter 6, AB 5)ê

 

      4.  Malpractice, which may be evidenced by claims settled against a practitioner, but only if such malpractice is established by a preponderance of the evidence.

      5.  The engaging by a practitioner in any sexual activity with a patient who is currently being treated by the practitioner.

      6.  Disruptive behavior with physicians, hospital personnel, patients, members of the families of patients or any other persons if the behavior interferes with patient care or has an adverse impact on the quality of care rendered to a patient.

      7.  The engaging in conduct that violates the trust of a patient and exploits the relationship between the physician and the patient for financial or other personal gain.

      8.  The failure to offer appropriate procedures or studies, to protest inappropriate denials by organizations for managed care, to provide necessary services or to refer a patient to an appropriate provider, when such a failure occurs with the intent of positively influencing the financial well-being of the practitioner or an insurer.

      9.  The engaging in conduct that brings the medical profession into disrepute, including, without limitation, conduct that violates any provision of a national code of ethics adopted by the Board by regulation.

      10.  The engaging in sexual contact with the surrogate of a patient or other key persons related to a patient, including, without limitation, a spouse, parent or legal guardian, which exploits the relationship between the physician and the patient in a sexual manner.

      Sec. 16.  1.  Section 32 of Assembly Bill No. 55 of the 72nd Session of the Nevada Legislature is hereby repealed.

      2.  Sections 12, 13 and 14 of Assembly Bill No. 493 of the 72nd Session of the Nevada Legislature are hereby repealed.

      3.  Section 38 of Senate Bill No. 100 of the 72nd Session of the Nevada Legislature is hereby repealed.

      4.  Sections 1.7, 3.7, 8.3, 8.7, 9 and 11 of Senate Bill No. 147 of the 72nd Session of the Nevada Legislature are hereby repealed.

      5.  Section 4 of Senate Bill No. 200 of the 72nd Session of the Nevada Legislature is hereby repealed.

      6.  Section 45 of Senate Bill No. 250 of the 72nd Session of the Nevada Legislature is hereby repealed.

      Sec. 17.  1.  This section and sections 8 and 9 of this act become effective upon passage and approval, but apply retroactively to June 30, 2003.

      2.  Sections 1 to 5, inclusive, and 7 to 16, inclusive, of this act become effective upon passage and approval.

      3.  Section 6 of this act becomes effective on January 1, 2004.

________

 


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ê2003 Statutes of Nevada, 20th Special Session, Page 266ê

 

CHAPTER 7, AB 7

Assembly Bill No. 7–Committee of the Whole

 

CHAPTER 7

 

AN ACT relating to minority groups; creating the Nevada Commission on Minority Affairs; prescribing the duties of the Commission; requiring the Director of the Department of Administration to provide certain staff assistance to the Commission under certain circumstances; creating the Regional Business Development Advisory Council for Clark County; prescribing the powers and duties of the Council; and providing other matters properly relating thereto.

 

[Approved: July 22, 2003]

 

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 10, inclusive, of this act.

      Sec. 2.  As used in this chapter, unless the context otherwise requires, “Commission” means the Nevada Commission on Minority Affairs created by section 3 of this act.

      Sec. 3.  1.  The Nevada Commission on Minority Affairs, consisting of nine members appointed by the Legislative Commission, is hereby created. Appointments to the Commission must be made from a list of persons recommended to the Legislative Commission by organizations and other entities which represent or promote the interests of minority groups in this state.

      2.  The members appointed to the Commission must represent a variety of minority groups that reflects the general population of this state.

      3.  The members of the Commission shall elect a Chairman and a Vice Chairman from among their number.

      4.  The term of office of the Chairman and the Vice Chairman is 2 years.

      5.  Not more than four members of the Commission may be from the same minority group.

      Sec. 4.  Except for the initial members, the term of office of each member of the Commission is 2 years and commences on July 1 of the year of appointment. The members shall continue in office until their successors are appointed. Members are eligible for reappointment, except that no member may serve for any part of more than two consecutive terms. Vacancies must be filled by appointment for the unexpired terms by the Legislative Commission.

      Sec. 5.  Members of the Commission receive no compensation for their services, but are entitled to be reimbursed for all travel and other expenses actually and necessarily incurred by them in the performance of their duties, within the limits of money available to the Commission.

      Sec. 6.  1.  The Commission shall meet at the call of the Chairman as frequently as required to perform its duties, but no less than quarterly.


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ê2003 Statutes of Nevada, 20th Special Session, Page 267 (Chapter 7, AB 7)ê

 

      2.  A majority of the members of the Commission constitutes a quorum for the transaction of business, and a majority of those present at any meeting is sufficient for any official action taken by the Commission.

      3.  The Commission shall, on or before January 31 of each year, submit a report to the Governor summarizing the activities, needs and recommendations of the Commission.

      Sec. 7.  The Commission shall, within the limits of available money:

      1.  Study matters affecting the social and economic welfare and well-being of minorities residing in the State of Nevada;

      2.  Collect and disseminate information on activities, programs and essential services available to minorities in the State of Nevada;

      3.  Study the:

      (a) Availability of employment for minorities in this state, and the manner in which minorities are employed;

      (b) Manner in which minorities can be encouraged to start and manage their own businesses successfully; and

      (c) Availability of affordable housing for minorities;

      4.  In cooperation with the Nevada Equal Rights Commission, act as a liaison to inform persons regarding:

      (a) The laws of this state that prohibit discriminatory practices; and

      (b) The procedures pursuant to which aggrieved persons may file complaints or otherwise take action to remedy such discriminatory practices;

      5.  To the extent practicable, strive to create networks within the business community between businesses that are owned by minorities and businesses that are not owned by minorities;

      6.  Advise the Governor on matters relating to minorities and of concern to minorities; and

      7.  Recommend proposed legislation to the Governor.

      Sec. 8.  The Chairman of the Commission may, with the approval of the Commission, appoint committees from its members to assist in carrying out any of the functions or duties of the Commission.

      Sec. 9.  1.  The Director of the Department of Administration shall provide staff assistance to the Commission as the Governor deems appropriate.

      2.  The Commission may engage the services of volunteer workers and consultants without compensation as is necessary from time to time.

      Sec. 10.  The Commission may apply for and receive gifts, grants, contributions or other money from governmental and private agencies, affiliated associations and other persons for the purposes of carrying out the provisions of this chapter and for defraying expenses incurred by the Commission in the discharge of its duties.

      Sec. 11.  As used in sections 11 to 20, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 12 and 13 of this act have the meanings ascribed to them in those sections.

      Sec. 12.  “Council” means the Regional Business Development Advisory Council for Clark County created by section 15 of this act.

      Sec. 13.  “Disadvantaged person” means a person who is a member of a racial or ethnic minority, female or physically disabled.

      Sec. 14.  The Legislature hereby finds and declares that a general law cannot be made applicable for the provisions of this act because of the economic diversity of Clark County, the unique growth in population experienced in Clark County, particularly in the minority population, and the special conditions experienced in Clark County related to the documented statistical disparities between the availability and utilization of firms owned by minorities and women for the procurement and contracting by public agencies in Clark County.


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ê2003 Statutes of Nevada, 20th Special Session, Page 268 (Chapter 7, AB 7)ê

 

experienced in Clark County, particularly in the minority population, and the special conditions experienced in Clark County related to the documented statistical disparities between the availability and utilization of firms owned by minorities and women for the procurement and contracting by public agencies in Clark County.

      Sec. 15.  1.  The Regional Business Development Advisory Council for Clark County is hereby created. Except as otherwise provided in subsection 2, the Council consists of a single representative from each of the following entities:

      (a) City of Henderson.

      (b) Henderson Library District.

      (c) City of Las Vegas.

      (d) Housing Authority of the City of Las Vegas.

      (e) City of North Las Vegas.

      (f) Housing Authority of the City of North Las Vegas.

      (g) Clark County.

      (h) Clark County Health District.

      (i) Clark County Housing Authority.

      (j) Clark County Regional Flood Control District.

      (k) Clark County Sanitation District.

      (l) Clark County Water Reclamation District.

      (m) Clark County School District.

      (n) Community College of Southern Nevada.

      (o) Las Vegas-Clark County Library District.

      (p) Las Vegas Convention and Visitors Authority.

      (q) Las Vegas Valley Water District.

      (r) Regional Transportation Commission of Southern Nevada.

      (s) Southern Nevada Water Authority.

      (t) University Medical Center of Southern Nevada.

      (u) University of Nevada, Las Vegas.

      (v) Department of Transportation.

      (w) Las Vegas Urban Chamber of Commerce.

      (x) Hispanic Business Roundtable.

      2.  The Board of County Commissioners of Clark County, in consultation with the Las Vegas Urban Chamber of Commerce, shall solicit and encourage participation in the Council by other governmental entities, private nonprofit entities organized to promote business or encourage participation in government, and private entities that employ 500 or more persons. Any such entity that requests to participate must be included as a member of the Council.

      Sec. 16.  The Council shall elect from among its members a Chairman, Vice Chairman, Secretary and such other officers as the Council determines are necessary. The term of each officer is 2 years. Any vacancy occurring in an office must be filled by majority vote of the members of the Council for the remainder of the unexpired term.

      Sec. 17.  1.  The members of the Council shall serve without compensation.

      2.  The governmental entities who have a representative on the Council shall jointly provide the Council with administrative assistance and provide for the payment of the expenses of the Council.

      Sec. 18.  The Council shall meet at least once every 3 months, at such times as are determined by the Council.


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ê2003 Statutes of Nevada, 20th Special Session, Page 269 (Chapter 7, AB 7)ê

 

      Sec. 19.  The Secretary of the Council shall:

      1.  Record the minutes of each meeting of the Council;

      2.  Record the attendance at each meeting of the Council; and

      3.  Maintain the records and minutes of the Council.

      Sec. 20.  1.  The Council shall propose and implement policies, programs and procedures to encourage and promote the use of local businesses owned or operated by disadvantaged persons, particularly in the area of contracting and procurement by public agencies in Clark County.

      2.  On or before November 1 of each year, each public entity which has a representative on the Council shall prepare and deliver a written report to the Council which contains:

      (a) The number of persons employed by the public entity, disaggregated by major ethnic and racial categories, including, without limitation, African-American, Asian, Caucasian, Hispanic and Native American.

      (b) Capital expenditures made by the public entity for the immediately preceding fiscal year, disaggregated by discretionary and nondiscretionary expenditures.

      (c) The percentage of capital expenditures paid by the public entity to disadvantaged persons or businesses owned or managed by disadvantaged persons, disaggregated by ethnic and racial categories and by gender.

      (d) A summary of the efforts and programs used by the public entity to encourage and increase the involvement in contracting by disadvantaged persons and businesses owned or managed by disadvantaged persons and any efforts or programs used by the public entity to encourage the economic development of disadvantaged persons and businesses owned by disadvantaged persons.

      (e) Such other information as the Council determines is necessary to achieve its goals.

      3.  The Council shall encourage each public or private entity which has a representative on the Council pursuant to subsection 2 of section 15 of this act to prepare and deliver to the Council an annual report similar to the report required pursuant to subsection 2.

      4.  On or before January 15 of each odd-numbered year, the Council shall prepare a report regarding the policies, programs and procedures that the Council proposed and implemented during the immediately preceding 2 years to encourage and promote the use of local businesses owned and operated by disadvantaged persons, using the reports received pursuant to this section, and shall submit the report to the Director of the Legislative Counsel Bureau for transmittal to the 73rd Session of the Nevada Legislature.

      Sec. 21.  As soon as practicable, the Legislative Commission shall appoint to the Nevada Commission on Minority Affairs:

      1.  Four members to terms that expire on June 30, 2004.

      2.  Five members to terms that expire on June 30, 2005.

      Sec. 22.  1.  This section and sections 1 to 10, inclusive, and 21 of this act become effective upon passage and approval, and expire by limitation on June 30, 2007.

      2.  Sections 11 to 20, inclusive, of this act become effective on October 1, 2003.

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ê2003 Statutes of Nevada, 20th Special Session, Page 270ê

 

CHAPTER 8, AB 8

Assembly Bill No. 8–Committee of the Whole

 

CHAPTER 8

 

AN ACT making appropriations to the University of Nevada, Reno, for certain expenses of the Pediatric Diabetes and Endocrinology Center at the School of Medicine, to the University of Nevada School of Medicine for its residency program and to the Health Division of the Department of Human Resources for distribution to the Fighting Aids in Our Community Today (FACT) organization for expenses related to the provision of certain HIV/AIDS services; and providing other matters properly relating thereto.

 

[Approved: July 22, 2003]

 

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 University of Nevada, Reno, the sum of $44,772 for the operating expenses of the Pediatric Diabetes and Endocrinology Center at its School of Medicine during May and June of 2003.

      2.  Any balance of the sum appropriated by subsection 1 must not be committed for expenditure after June 30, 2003, and reverts to the State General Fund as soon as all payments of money committed have been made.

      Sec. 2.  1.  There is hereby appropriated from the State General Fund to the Health Division of the Department of Human Resources the sum of $250,000 for distribution to Fighting Aids in Our Community Today (FACT), a Las Vegas organization, for the provision of community outreach, testing, counseling and dissemination of information related to HIV/AIDS in the area of West Las Vegas.

      2.  Upon acceptance of the money appropriated by subsection 1, the Fighting Aids in Our Community Today organization agrees to:

      (a) Use not more than 10 percent of the amount appropriated for administrative expenses.

      (b) Prepare and transmit a report to the Interim Finance Committee on or before December 15, 2004, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by the Organization through December 1, 2004.

      (c) Upon request of the Legislative Commission, make available to the Legislative Auditor any books, accounts, claims, reports, vouchers, or other records of information, confidential or otherwise and irrespective of their form or location, that the Legislative Auditor deems necessary to conduct any audit of the use of the money appropriated by subsection 1 and distributed to the Fighting Aids in Our Community Today organization.

      3.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2005, and reverts to the State General Fund as soon as all payments of money committed have been made.

      Sec. 3.  1.  There is hereby appropriated from the State General Fund to the University of Nevada School of Medicine the sum of $250,000 for its residency program.


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ê2003 Statutes of Nevada, 20th Special Session, Page 271 (Chapter 8, AB 8)ê

 

      2.  Any balance of the sum appropriated by subsection 1 must not be committed for expenditure after June 30, 2005, and reverts to the State General Fund as soon as all payments of money committed have been made.

      Sec. 4.  1.  This section becomes effective upon passage and approval.

      2.  Section 1 of this act becomes effective upon passage and approval and applies retroactively from and after June 30, 2003.

      3.  Sections 2 and 3 of this act become effective upon passage.

________

 

CHAPTER 9, AB 9

Assembly Bill No. 9–Committee of the Whole

 

CHAPTER 9

 

AN ACT relating to the Nevada National Guard; authorizing the Board of Regents of the University of Nevada to waive the registration fees and other fees for certain members of the Nevada National Guard during the 2003-2005 biennium; and providing other matters properly relating thereto.

 

[Approved: July 22, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  The Board of Regents of the University of Nevada may grant a waiver of registration fees and laboratory fees for any member of the active Nevada National Guard, including, without limitation, a recruit, who attends a school within the University and Community College System of Nevada as a full-time or part-time student. For the purpose of assessing fees and charges against a person to whom a waiver is granted pursuant to this subsection, including, without limitation, tuition charges pursuant to NRS 396.540, such a person shall be deemed to be a bona fide resident of this state.

      2.  To be eligible for a waiver pursuant to subsection 1, a person must:

      (a) Be a member in good standing of the active Nevada National Guard, including, without limitation, a recruit, at the beginning of and throughout the entire semester for which the waiver is granted; and

      (b) Maintain at least a 2.0 grade point average, on a 4.0 grading scale, each semester, or the equivalent of a 2.0 grade point average if a different grading scale is used.

      3.  The Board of Regents may request the Adjutant General to verify the membership in the active Nevada National Guard of a person who is seeking or has been granted a waiver of registration fees and laboratory fees pursuant to subsection 1. The Adjutant General shall, upon receiving such a request, notify the Board of Regents in writing concerning the status and dates of membership of that person in the active Nevada National Guard.

      4.  If a waiver is granted pursuant to subsection 1 for a recruit and the recruit does not enter full-time National Guard duty within 1 year after enlisting, the recruit shall reimburse the Board of Regents for all registration fees and laboratory fees waived on behalf of the recruit if his failure to enter full-time National Guard duty is attributable to his own conduct.

      5.  As used in this section:


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ê2003 Statutes of Nevada, 20th Special Session, Page 272 (Chapter 9, AB 9)ê

 

      (a) “Full-time National Guard duty” has the meaning ascribed to it in 32 U.S.C. § 101(19).

      (b) “Recruit” means a person who has enlisted in the Nevada National Guard but has not begun his required military duty.

      Sec. 2.  This act becomes effective upon passage and approval and applies retroactively from and after July 1, 2003, and expires by limitation on June 30, 2005.

________

 

CHAPTER 10, AB 10

Assembly Bill No. 10–Committee of the Whole

 

CHAPTER 10

 

AN ACT relating to financial practices; providing a penalty for a person who willfully offers into evidence as genuine certain fraudulent records or who willfully destroys or alters certain records under certain circumstances; increasing the penalty for certain securities violations; extending the civil and criminal statutes of limitations for certain securities violations; excluding the performance of certain internal audits pertaining to certain gaming licensees by certain independent accountants; and providing other matters properly relating thereto.

 

[Approved: July 22, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 90 of NRS is hereby amended by adding thereto a new section to read as follows:

      In any investigation, proceeding or prosecution with respect to any violation of a provision of this chapter, a regulation adopted pursuant to this chapter, an order denying, suspending or revoking the effectiveness of registration or an order to cease and desist issued by the Administrator, a person shall not willfully:

      1.  Offer or procure to be offered into evidence, as genuine, any book, paper, document or record if the person knows that the book, paper, document or record has been forged or fraudulently altered; or

      2.  Destroy, alter, erase, obliterate or conceal, or cause to be destroyed, altered, erased, obliterated or concealed, any book, paper, document or record, including, without limitation, any electronic record, with the intent to:

      (a) Conceal any violation of any provision of this chapter, a regulation adopted pursuant to this chapter, an order denying, suspending or revoking the effectiveness of registration or an order to cease and desist issued by the Administrator;

      (b) Protect or conceal the identity of any person who has violated any provision of this chapter, a regulation adopted pursuant to this chapter, an order denying, suspending or revoking the effectiveness of registration or an order to cease and desist issued by the Administrator; or

      (c) Delay or hinder the investigation or prosecution of any person for any violation of any provision of this chapter, a regulation adopted pursuant to this chapter, an order denying, suspending or revoking the effectiveness of registration or an order to cease and desist issued by the Administrator.


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ê2003 Statutes of Nevada, 20th Special Session, Page 273 (Chapter 10, AB 10)ê

 

effectiveness of registration or an order to cease and desist issued by the Administrator.

      Sec. 2.  NRS 90.650 is hereby amended to read as follows:

      90.650  1.  A person who willfully violates:

      (a) A provision of this chapter, except NRS 90.600, or who violates NRS 90.600 knowing that the statement made is false or misleading in any material respect;

      (b) A regulation adopted pursuant to this chapter; or

      (c) An order denying, suspending or revoking the effectiveness of registration or an order to cease and desist issued by the Administrator pursuant to this chapter,

is guilty of a category [C] B felony and shall be punished [as provided in NRS 193.130,] by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 20 years, or by a fine of not more than [$100,000,] $500,000, or by both fine and [the punishment provided in NRS 193.130,] imprisonment, for each violation. In addition to any other penalty, the court shall order the person to pay restitution.

      2.  A person convicted of violating a regulation or order under this chapter may be fined, but must not be imprisoned, if the person proves lack of knowledge of the regulation or order.

      3.  This chapter does not limit the power of the State to punish a person for conduct which constitutes a crime under other law.

      Sec. 3.  NRS 90.670 is hereby amended to read as follows:

      90.670  A person may not sue under NRS 90.660 unless suit is brought within the earliest of [1 year] 2 years after the discovery of the violation, [1 year] 2 years after discovery should have been made by the exercise of reasonable care, or 5 years after the act, omission or transaction constituting the violation.

      Sec. 4.  NRS 171.085 is hereby amended to read as follows:

      171.085  Except as otherwise provided in NRS 171.083, 171.084 and 171.095, an indictment for:

      1.  Theft, robbery, burglary, forgery, arson , [or] sexual assault or a violation of NRS 90.570 must be found, or an information or complaint filed, within 4 years after the commission of the offense.

      2.  Any felony other than murder, theft, robbery, burglary, forgery, arson , [or] sexual assault or a violation of NRS 90.570 must be found, or an information or complaint filed, within 3 years after the commission of the offense.

      Sec. 5.  NRS 463.157 is hereby amended to read as follows:

      463.157  The Commission shall by regulation:

      1.  Prescribe minimum procedures for adoption by each nonrestricted licensee to exercise effective control over its internal fiscal affairs, which [shall] must include , but are not limited to , provisions for:

      (a) The safeguarding of its assets and revenues, especially the recording of cash and evidences of indebtedness; and

      (b) The provision of reliable records, accounts and reports of transactions, operations and events, including reports to the Board and the Commission.

      2.  Provide for the adoption and use of internal audits, whether by qualified internal auditors or by accountants holding a permit to practice public accounting, in the case of each nonrestricted licensee whose operation equals or exceeds a specified size.


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ê2003 Statutes of Nevada, 20th Special Session, Page 274 (Chapter 10, AB 10)ê

 

equals or exceeds a specified size. The regulations or any standards adopted pursuant to such regulations must, if the stock of the nonrestricted licensee is publicly traded, preclude internal audits by the same independent accountant hired to provide audits, compiled statements or reviews of the financial statements required by NRS 463.159. As used in this subsection, “internal audit” means a type of control which operates through the testing and evaluation of other controls and which is also directed toward observing proper compliance with the minimum standards of control prescribed pursuant to subsection 1.

      Sec. 6.  The amendatory provisions of section 3 of this act apply to a cause of action:

      1.  That has accrued before October 1, 2003, if the applicable statute of limitations has commenced but has not yet expired as of October 1, 2003; or

      2.  That accrues on or after October 1, 2003.

      Sec. 7.  The amendatory provisions of section 4 of this act apply to a person who committed a violation of NRS 90.570 before October 1, 2003, if the applicable statute of limitations has commenced but has not yet expired on October 1, 2003.

________

 

CHAPTER 11, AB 11

Assembly Bill No. 11–Committee of the Whole

 

CHAPTER 11

 

AN ACT relating to health care; revising various provisions relating to subsidies for malpractice insurance of certain providers of prenatal care; establishing the Nevada Office of Rural Health within the University of Nevada School of Medicine to administer matters relating to the delivery of health care services to rural and frontier areas in this state; establishing the Area Health Education Center Program within the University of Nevada School of Medicine to support education and training programs for certain students, residents and practitioners providing health care services in medically underserved areas in this state; establishing the Medical Education Council of Nevada within the University of Nevada School of Medicine to ensure that Nevada has an adequate, well-trained health care workforce to meet the needs of the residents of this state; revising various provisions relating to the administration of the Nevada Health Service Corps; making various changes concerning the use of certain money received by the University of Nevada School of Medicine; and providing other matters properly relating thereto.

 

[Approved: July 22, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 442.119 is hereby amended to read as follows:

      442.119  As used in NRS 442.119 to 442.1198, inclusive, unless the context otherwise requires:


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ê2003 Statutes of Nevada, 20th Special Session, Page 275 (Chapter 11, AB 11)ê

 

      1.  “Health officer” includes a local health officer, a city health officer, a county health officer and a district health officer.

      2.  “Medicaid” has the meaning ascribed to it in NRS 439B.120.

      3.  “Medicare” has the meaning ascribed to it in NRS 439B.130.

      4.  “Provider of prenatal care” [is limited to:] means:

      (a) A physician who is licensed in this state and certified in obstetrics and gynecology, family practice, general practice or general surgery.

      (b) A certified nurse midwife who is licensed by the State Board of Nursing.

      (c) An advanced practitioner of nursing who has specialized skills and training in obstetrics or family nursing.

      (d) A physician assistant who has specialized skills and training in obstetrics or family practice.

      Sec. 2.  NRS 442.1192 is hereby amended to read as follows:

      442.1192  1.  A provider of prenatal care who provides services to pregnant women, or a health officer acting on behalf of a provider of prenatal care who provides services to pregnant women, in a county or community that lacks services for prenatal care may submit an application to the University of Nevada School of Medicine for a grant to subsidize a portion of the malpractice insurance of [a] the provider of prenatal care who provides services to pregnant women in the county or community.

      2.  A county or community lacks services for prenatal care if at least one of the following conditions is present:

      (a) A provider of prenatal care does not offer services to pregnant women within the county or the community.

      (b) Fifty percent or more of the live births to women who are residents of the county occur outside the county.

      (c) The percentage of live births to women in the county or community who received no prenatal care exceeds the percentage of live births to women in the State who received no prenatal care.

      (d) The percentage of live births of babies with low birthweight to women in the county or community is higher than the percentage of live births of babies with low birthweight to women in the State.

      3.  If [the applicant is] a county or district health officer [, he] applies for a grant on behalf of a provider of prenatal care, the county or district health officer must provide proof of the financial contribution by the county or district for the provision of prenatal services for women who do not qualify for reimbursement pursuant to the State Plan for Medicaid.

      Sec. 3.  NRS 442.1194 is hereby amended to read as follows:

      442.1194  1.  The University of Nevada School of Medicine may grant money to [an applicant] a provider of prenatal care or a health officer acting on behalf of a provider of prenatal care who submits an application pursuant to NRS 442.1192 to furnish a subsidy for the malpractice insurance of [a] the provider of prenatal care who provides services in a county or community that lacks services for prenatal care for women.

      2.  [An applicant who receives a] A grant from the University of Nevada School of Medicine may [furnish a] subsidize the malpractice insurance of the provider of prenatal care [a subsidy] in an amount up to the difference between the cost of [his] the malpractice insurance of the provider of prenatal care with coverage for the provision of prenatal care and without such coverage.


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ê2003 Statutes of Nevada, 20th Special Session, Page 276 (Chapter 11, AB 11)ê

 

      [3.  Before disbursing a grant pursuant to the provisions of NRS 442.119 to 442.1198, inclusive, the University of Nevada School of Medicine shall consult with the Director of the Program for Maternal and Child Health of the Health Division.]

      Sec. 4.  NRS 442.1196 is hereby amended to read as follows:

      442.1196  1.  The application submitted pursuant to NRS 442.1192 for a grant to subsidize the malpractice insurance of a provider of prenatal care must be on the form required by the University of Nevada School of Medicine.

      2.  The application must contain:

      (a) [Information] If the applicant is a health officer applying on behalf of a provider of prenatal care, information concerning the collaboration between the [applicant and a] health officer and the provider of prenatal care and medical facilities within the county or community.

      (b) A plan for providing prenatal care for women in the county or community who have low incomes or who do not qualify for any state program for medical care.

      (c) A plan for improving the health care of pregnant women in the county or community.

      3.  To be eligible for a subsidy for his malpractice insurance, a provider of prenatal care must submit evidence that:

      (a) He has completed training in prenatal care that is approved by the University of Nevada School of Medicine;

      (b) He is currently covered by malpractice insurance;

      (c) He accepts reimbursement for services rendered from Medicaid and Medicare; and

      (d) He will continue to provide prenatal care in the specified county or community for not less than 1 year.

      Sec. 5.  Chapter 396 of NRS is hereby amended by adding thereto the provisions set forth as sections 6 to 10, inclusive, of this act.

      Sec. 6.  As used in NRS 396.900 to 396.903, inclusive, unless the context otherwise requires, “practitioner” has the meaning ascribed to it in NRS 439A.0195.

      Sec. 7.  Any gift, donation, bequest, grant or other source of money received by the University of Nevada School of Medicine for the development of an obstetrical access program may be used to:

      1.  Provide financial support and education to faculty and residents in the Departments of Family and Community Medicine and Obstetrics and Gynecology within the University of Nevada School of Medicine and to expand the clinical services provided by such faculty and residents in areas and to populations that need obstetrical services.

      2.  Provide money to Nevada Health Centers, Inc., or its successor, to expand the clinical prenatal and obstetrical practice base of community health center clinics and to provide uninsured, underinsured and Medicaid patients with increased access to clinical prenatal and obstetrical care.

      3.  Establish a fund that allows practicing community providers of prenatal care that are participating in the obstetrical access program to draw upon money to partially compensate them for providing care to patients who have no access to clinical care because of their financial status.

      4.  Develop a database of clinical practitioners providing prenatal or obstetrical services throughout the State to monitor and analyze:


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ê2003 Statutes of Nevada, 20th Special Session, Page 277 (Chapter 11, AB 11)ê

 

      (a) The relationship between declining services and the supply and distribution of appropriate providers of health care;

      (b) The impact of access to care issues on pregnant women, including, without limitation, poor birth outcomes which result from lack of access to care, the financial impact of such poor birth outcomes and the effects of receiving inadequate prenatal care; and

      (c) The impact of adverse judicial decisions on the delivery of obstetrical services.

      5.  Subsidize malpractice costs for clinical providers of prenatal care who maintain at least 30 percent or more of prenatal or obstetrical patients in their practice who are uninsured, underinsured or insured by Medicaid, or who use a sliding fee scale based on a patient’s financial resources when charging for such services. The subsidy must be calculated based on the number of qualified clinical providers of prenatal care, the proportion of financially compromised patients served by such providers and the total amount of money available for subsidies.

      Sec. 8.  1.  The Nevada Office of Rural Health is hereby established within the University of Nevada School of Medicine to administer matters relating to the delivery of health care services to rural and frontier areas in this state. The Nevada Office of Rural Health shall:

      (a) Evaluate the need for programs concerning the delivery of health care services to rural and frontier areas in this state and make recommendations to the University of Nevada School of Medicine and the Legislature to carry out such programs; and

      (b) Establish, administer and coordinate programs which affect the delivery of health care services to rural and frontier areas in this state, including, without limitation, programs relating to:

             (1) The education and training of providers of health care who provide services in rural and frontier areas;

             (2) The needs of rural and frontier areas for health care services and the manner in which such health care services may be effectively delivered;

             (3) The delivery of health care services to rural and frontier areas;

             (4) The financing of the delivery of health care services to rural and frontier areas; or

             (5) The collection of data necessary for the Nevada Office of Rural Health to carry out its duties concerning the delivery of health care services to rural and frontier areas.

      2.  Any gift, donation, bequest, grant or other source of money received by the Nevada Office of Rural Health may be used to carry out the provisions of this section.

      Sec. 9.  1.  The Area Health Education Center Program is hereby established within the University of Nevada School of Medicine to support education and training programs for students studying to become practitioners, or residents or practitioners who will provide or are providing health care services in medically underserved areas in this state, including urban and rural areas. The Area Health Education Center Program shall:

      (a) Assist the area health education centers within Nevada in providing:

             (1) Career opportunities in health care;

             (2) Information to practitioners and other providers of health care;


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             (3) Continuing education for practitioners and other providers of health care; and

             (4) Stipends for the education and training of students studying to become practitioners and residents who will provide or who are providing health care services in medically underserved areas in this state;

      (b) Assess and develop training programs concerning the appropriate curriculum for primary care and other priority health care services;

      (c) Enhance the training programs in primary care by providing additional entry-level positions and faculty to increase the availability of practitioners and other providers of health care;

      (d) Increase the percentage of medical students committing to residencies and careers in primary care;

      (e) Provide a greater percentage of primary care residents to medically underserved areas in this state;

      (f) Develop and enhance training programs necessary to address the primary health care needs of persons in this state; and

      (g) Establish interdisciplinary opportunities for education and training for practitioners and other providers of health care.

      2.  Any gift, donation, bequest, grant or other source of money received by the Area Health Education Center Program may be used to carry out the provisions of this section.

      3.  As used in this section, “practitioner” has the meaning ascribed to it in NRS 439A.0195.

      Sec. 10.  1.  The Medical Education Council of Nevada is hereby established within the University of Nevada School of Medicine to ensure that Nevada has an adequate, well-trained health care workforce to meet the needs of the residents of this state. The Medical Education Council of Nevada shall:

      (a) Determine the workforce needs for the provision of health care services in this state;

      (b) Determine the number and types of positions of employment for which money appropriated to the Medical Education Council of Nevada may be used, including, without limitation, positions for practitioners, other providers of health care and other personnel to staff health care facilities and programs;

      (c) Investigate and make recommendations to the University of Nevada School of Medicine and the Legislature on the status and needs of practitioners, other providers of health care and other personnel of health care facilities or programs;

      (d) Determine a method for reimbursing institutions that sponsor practitioners, other providers of health care or other personnel of health care facilities or programs;

      (e) To the extent authorized by federal law, prepare and submit a formal application to the Centers for Medicare and Medicaid Services of the United States Department of Health and Human Services for the purpose of receiving and dispersing federal money for graduate medical education expenses;

      (f) Distribute a portion of any money it receives for graduate medical education expenses in a manner that:

             (1) Prepares postgraduate medical and dental residents, as defined by the Accreditation Council for Graduate Medical Education, to provide inpatient, outpatient and hospital services in various communities and in geographically diverse settings;


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inpatient, outpatient and hospital services in various communities and in geographically diverse settings;

             (2) Encourages the coordination of interdisciplinary clinical training by practitioners and other providers of health care to such postgraduate medical and dental residents; and

             (3) Promotes funding for accredited clinical training programs provided by practitioners or other providers of health care to such postgraduate medical and dental residents;

      (g) Apply for grants, gifts and donations from public and private sources, including the Federal Government, to carry out the objectives of the Medical Education Council of Nevada;

      (h) Initiate a cooperative agreement with the Department of Human Resources to promote the intergovernmental transfer of money for the purposes of receiving and dispersing money to carry out the objectives of the Medical Education Council of Nevada; and

      (i) Distribute additional financial resources to training programs for practitioners, other providers of health care or other personnel of health care facilities or programs in the State.

      2.  Any gift, donation, bequest, grant or other source of money received by the Medical Education Council of Nevada may be used to carry out the provisions of this section.

      3.  As used in this section, “practitioner” has the meaning ascribed to it in NRS 439A.0195.

      Sec. 11.  NRS 396.900 is hereby amended to read as follows:

      396.900  The [Board of Regents] University of Nevada School of Medicine may establish a Nevada Health Service Corps to encourage [physicians] practitioners to practice in areas of Nevada in which a shortage of [physicians] that type of practitioner exists.

      Sec. 12.  NRS 396.901 is hereby amended to read as follows:

      396.901  The primary purposes of the Nevada Health Service Corps must be to:

      1.  Recruit [physicians] practitioners for participation in the program;

      2.  Designate areas of Nevada in which a shortage of [physicians] each type of practitioner exists;

      3.  Match [physicians] practitioners with the designated areas; and

      4.  Help [physicians] practitioners to negotiate contracts to serve in the designated areas.

      Sec. 13.  NRS 396.902 is hereby amended to read as follows:

      396.902  The [Board of Regents] University of Nevada School of Medicine may:

      1.  Apply for any matching money available for the program from the Federal Government.

      2.  Adopt regulations necessary to carry out the provisions of NRS 396.900 to 396.903, inclusive [.] , and section 6 of this act.

      3.  Receive, invest, disburse and account for all money received from the Federal Government or any other source for this program.

      Sec. 14.  NRS 396.903 is hereby amended to read as follows:

      396.903  1.  The [Board of Regents] University of Nevada School of Medicine may authorize the Nevada Health Service Corps to administer a program under which [$15,000 of loans are] money for loans is repaid on behalf of a [physician] practitioner for each year he practices [medicine] in an area of Nevada in which a shortage of [physicians exists.] that type of practitioner exists, as determined by the Nevada Office of Rural Health within the University of Nevada School of Medicine and the Nevada Health Service Corps.


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practitioner exists, as determined by the Nevada Office of Rural Health within the University of Nevada School of Medicine and the Nevada Health Service Corps.

      2.  To qualify for the program [the physician] , a practitioner required to be licensed pursuant to the provisions of chapter 630, 630A, 633 or 634 of NRS must have completed his primary care residency and hold an active license issued pursuant to chapter 630, 630A, 633 or 634 of NRS. All other practitioners must have completed training in a certified program and have an active license, certification or registration from the State of Nevada.

      Sec. 15.  This act becomes effective upon passage and approval and applies retroactively from and after July 1, 2003.

________

 

CHAPTER 12, AB 12

Assembly Bill No. 12–Committee of the Whole

 

CHAPTER 12

 

AN ACT making an appropriation to the Governor for support of the Nevada Commission for National and Community Service; and providing other matters properly relating thereto.

 

[Approved: July 22, 2003]

 

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 Governor the sum of $365,000 to grant to the Nevada Commission for National and Community Service for use as matching money to obtain additional federal funding to continue its programs dedicated to promoting citizen volunteerism.

      2.  Upon acceptance of the money appropriated by subsection 1, the Nevada Commission for National and Community Service shall:

      (a) Prepare and transmit a report to the Interim Finance Committee on or before December 15, 2004, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by the Nevada Commission for National and Community Service through December 1, 2004; and

      (b) Upon request of the Legislative Commission, make available to the Legislative Auditor any of the books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise of the Nevada Commission for National and Community Service regardless of their form or location, that the Legislative Auditor deems necessary to conduct an audit of the use of the money appropriated pursuant to subsection 1.

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2005, and reverts to the State General Fund as soon as all payments of money committed have been made.

      Sec. 3.  This act becomes effective upon passage and approval and applies retroactively to July 1, 2003.

________

 


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CHAPTER 13, AB 13

Assembly Bill No. 13–Committee of the Whole

 

CHAPTER 13

 

AN ACT relating to governmental financial administration; revising provisions relating to the securities in which local governments may invest; providing for expanded oversight by the State Treasurer concerning the collateral that must be maintained by financial institutions to secure certain deposits of public money made by state and local governmental entities; making various other changes concerning the duties of the State Treasurer; revising the limitation on the total amount of revenue that may be paid to a redevelopment agency in certain smaller municipalities; providing civil penalties; and providing other matters properly relating thereto.

 

[Approved: July 22, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 355.170 is hereby amended to read as follows:

      355.170  1.  Except as otherwise provided in this section, NRS 354.750 and 355.171, [a board of county commissioners, a board of trustees of a county school district or] the governing body of [an incorporated city] a local government may purchase for investment the following securities and no others:

      (a) Bonds and debentures of the United States, the maturity dates of which do not extend more than 10 years after the date of purchase.

      (b) Farm loan bonds, consolidated farm loan bonds, debentures, consolidated debentures and other obligations issued by federal land banks and federal intermediate credit banks under the authority of the Federal Farm Loan Act, formerly 12 U.S.C. §§ 636 to 1012, inclusive, and §§ 1021 to 1129, inclusive, and the Farm Credit Act of 1971, 12 U.S.C. §§ 2001 to 2259, inclusive, and bonds, debentures, consolidated debentures and other obligations issued by banks for cooperatives under the authority of the Farm Credit Act of 1933, formerly 12 U.S.C. §§ 1131 to 1138e, inclusive, and the Farm Credit Act of 1971, 12 U.S.C. §§ 2001 to 2259, inclusive.

      (c) Bills and notes of the United States Treasury, the maturity date of which is not more than 10 years after the date of purchase.

      (d) Obligations of an agency or instrumentality of the United States of America or a corporation sponsored by the government, the maturity date of which is not more than 10 years after the date of purchase.

      (e) Negotiable certificates of deposit issued by commercial banks, insured credit unions or savings and loan associations.

      (f) Securities which have been expressly authorized as investments for local governments [or agencies, as defined in NRS 354.474,] by any provision of Nevada Revised Statutes or by any special law.

      (g) Nonnegotiable certificates of deposit issued by insured commercial banks, insured credit unions or insured savings and loan associations, except certificates that are not within the limits of insurance provided by an instrumentality of the United States, unless those certificates are collateralized in the same manner as is required for uninsured deposits by a county treasurer pursuant to NRS 356.133.


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county treasurer pursuant to NRS 356.133. For the purposes of this paragraph, any reference in NRS 356.133 to a “county treasurer” or “board of county commissioners” shall be deemed to refer to the appropriate financial officer or governing body of the [county, school district or city] local government purchasing the certificates.

      (h) Subject to the limitations contained in NRS 355.177, negotiable notes or medium-term obligations issued by local governments of the State of Nevada pursuant to NRS 350.087 to 350.095, inclusive.

      (i) Bankers’ acceptances of the kind and maturities made eligible by law for rediscount with Federal Reserve Banks, and generally accepted by banks or trust companies which are members of the Federal Reserve System. Eligible bankers’ acceptances may not exceed 180 days’ maturity. Purchases of bankers’ acceptances may not exceed 20 percent of the money available to a local government for investment as determined on the date of purchase.

      (j) Obligations of state and local governments if:

             (1) The interest on the obligation is exempt from gross income for federal income tax purposes; and

             (2) The obligation has been rated “A” or higher by one or more nationally recognized bond credit rating agencies.

      (k) Commercial paper issued by a corporation organized and operating in the United States or by a depository institution licensed by the United States or any state and operating in the United States that:

             (1) Is purchased from a registered broker-dealer;

             (2) At the time of purchase has a remaining term to maturity of no more than 270 days; and

             (3) Is rated by a nationally recognized rating service as “A-1,” “P-1” or its equivalent, or better,

except that investments pursuant to this paragraph may not, in aggregate value, exceed 20 percent of the total portfolio as determined on the date of purchase, and if the rating of an obligation is reduced to a level that does not meet the requirements of this paragraph, it must be sold as soon as possible.

      (l) Money market mutual funds which:

             (1) Are registered with the Securities and Exchange Commission;

             (2) Are rated by a nationally recognized rating service as “AAA” or its equivalent; and

             (3) Invest only in:

                   (I) Securities issued by the Federal Government or agencies of the Federal Government;

                   (II) Master notes, bank notes or other short-term commercial paper rated by a nationally recognized rating service as “A-1,” “P-1” or its equivalent, or better, issued by a corporation organized and operating in the United States or by a depository institution licensed by the United States or any state and operating in the United States; or

                   (III) Repurchase agreements that are fully collateralized by the obligations described in sub-subparagraphs (I) and (II).

      (m) Obligations of the Federal Agricultural Mortgage Corporation.

      2.  Repurchase agreements are proper and lawful investments of money of a [board of county commissioners, a board of trustees of a county school district or a] governing body of [an incorporated city] a local government for the purchase or sale of securities which are negotiable and of the types listed in subsection 1 if made in accordance with the following conditions:


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      (a) The [board of county commissioners, the board of trustees of the school district or the] governing body of the [city] local government shall designate in advance and thereafter maintain a list of qualified counterparties which:

             (1) Regularly provide audited and, if available, unaudited financial statements;

             (2) The [board of county commissioners, the board of trustees of the school district or the] governing body of the [city] local government has determined to have adequate capitalization and earnings and appropriate assets to be highly creditworthy; and

             (3) Have executed a written master repurchase agreement in a form satisfactory to the [board of county commissioners, the board of trustees of the school district or the] governing body of the [city] local government pursuant to which all repurchase agreements are entered into. The master repurchase agreement must require the prompt delivery to the [board of county commissioners, the board of trustees of the school district or the] governing body of the [city] local government and the appointed custodian of written confirmations of all transactions conducted thereunder, and must be developed giving consideration to the Federal Bankruptcy Act.

      (b) In all repurchase agreements:

             (1) At or before the time money to pay the purchase price is transferred, title to the purchased securities must be recorded in the name of the appointed custodian, or the purchased securities must be delivered with all appropriate, executed transfer instruments by physical delivery to the custodian;

             (2) The [board of county commissioners, the board of trustees of the school district or the] governing body of the [city] local government must enter a written contract with the custodian appointed pursuant to subparagraph (1) which requires the custodian to:

                   (I) Disburse cash for repurchase agreements only upon receipt of the underlying securities;

                   (II) Notify the [board of county commissioners, the board of trustees of the school district or the] governing body of the [city] local government when the securities are marked to the market if the required margin on the agreement is not maintained;

                   (III) Hold the securities separate from the assets of the custodian; and

                    (IV) Report periodically to the [board of county commissioners, the board of trustees of the school district or the] governing body of the [city] local government concerning the market value of the securities;

             (3) The market value of the purchased securities must exceed 102 percent of the repurchase price to be paid by the counterparty and the value of the purchased securities must be marked to the market weekly;

             (4) The date on which the securities are to be repurchased must not be more than 90 days after the date of purchase; and

             (5) The purchased securities must not have a term to maturity at the time of purchase in excess of 10 years.

      3.  The securities described in paragraphs (a), (b) and (c) of subsection 1 and the repurchase agreements described in subsection 2 may be purchased when, in the opinion of the [board of county commissioners, the board of trustees of a county school district or the] governing body of the [city,] local government, there is sufficient money in any fund of the [county, the school district or city] local government to purchase those securities and the purchase will not result in the impairment of the fund for the purposes for which it was created.


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district or city] local government to purchase those securities and the purchase will not result in the impairment of the fund for the purposes for which it was created.

      4.  When the [board of county commissioners, the board of trustees of a county school district or the] governing body of the [city] local government has determined that there is available money in any fund or funds for the purchase of bonds as set out in subsection 1 or 2, those purchases may be made and the bonds paid for out of any one or more of the funds, but the bonds must be credited to the funds in the amounts purchased, and the money received from the redemption of the bonds, as and when redeemed, must go back into the fund or funds from which the purchase money was taken originally.

      5.  Any interest earned on money invested pursuant to subsection 3, may, at the discretion of the [board of county commissioners, the board of trustees of a county school district or the] governing body of the [city,] local government, be credited to the fund from which the principal was taken or to the general fund of the [county, school district or incorporated city.] local government.

      6.  The [board of county commissioners, the board of trustees of a county school district or the] governing body of [an incorporated city] a local government may invest any money apportioned into funds and not invested pursuant to subsection 3 and any money not apportioned into funds in bills and notes of the United States Treasury, the maturity date of which is not more than 1 year after the date of investment. These investments must be considered as cash for accounting purposes, and all the interest earned on them must be credited to the general fund of the [county, school district or incorporated city.] local government.

      7.  This section does not authorize the investment of money administered pursuant to a contract, debenture agreement or grant in a manner not authorized by the terms of the contract, agreement or grant.

      8.  As used in this section:

      (a) “Counterparty” means a bank organized and operating or licensed to operate in the United States pursuant to federal or state law or a securities dealer which is:

             (1) A registered broker-dealer;

             (2) Designated by the Federal Reserve Bank of New York as a “primary” dealer in United States government securities; and

             (3) In full compliance with all applicable capital requirements.

      (b) “Local government” has the meaning ascribed to it in NRS 354.474.

      (c) “Repurchase agreement” means a purchase of securities by [a board of county commissioners, the board of trustees of a county school district or] the governing body of [an incorporated city] a local government from a counterparty which commits to repurchase those securities or securities of the same issuer, description, issue date and maturity on or before a specified date for a specified price.

      Sec. 2.  NRS 355.175 is hereby amended to read as follows:

      355.175  1.  The governing body of any local government or agency, whether or not it is included in the provisions of chapter 354 of NRS, may:

      (a) Direct its treasurer or other appropriate officer to invest its money or any part thereof in any investment which is lawful for a [county, a school district or incorporated city] local government pursuant to NRS 355.170; or


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      (b) Allow a county treasurer to make such investments through a pool as provided in NRS 355.168.

      2.  In case of conflict, any order made pursuant to paragraph (a) of subsection 1 takes precedence over any other order concerning the same money or funds pursuant to subsection 5 of NRS 355.170.

      3.  Any interest earned from investments made pursuant to this section must be credited, at the discretion of the local governing unit, to any fund under its control, but the designation of the fund must be made at the time of investment of the principal.

      Sec. 3.  Chapter 356 of NRS is hereby amended by adding thereto the provisions set forth as sections 4 to 13, inclusive, of this act.

      Sec. 4.  As used in sections 4 to 13, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 5 to 8, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 5.  “Depository” means an insured state or national bank, insured savings and loan association, or insured credit union in this state in which public money is held on deposit. The term does not include a third-party depository.

      Sec. 6.  “Local government” has the meaning ascribed to it in NRS 354.474.

      Sec. 7.  “Public money” means money deposited with a depository by the State or a local government.

      Sec. 8.  “Third-party depository” means a trust company or trust department of a state, national or federal reserve district bank which is authorized to hold securities on behalf of a depository for the benefit of the State Treasurer.

      Sec. 9.  The State Treasurer shall establish a program for the monitoring of collateral maintained by depositories.

      Sec. 10.  1.  The program established pursuant to section 9 of this act must provide that:

      (a) Each depository is required to maintain as collateral acceptable securities having a fair market value that is at least 102 percent of the amount of the uninsured balances of the public money held by the depository;

      (b) A depository may satisfy the requirement set forth in paragraph (a) by arranging for a third-party depository to hold securities on behalf of the depository for the benefit of the State Treasurer;

      (c) No depository may, at any one time, hold public money in an amount exceeding the total equity of the depository, as reflected on the financial statement of the depository;

      (d) Each depository is required to submit to the State Treasurer, in the form and manner prescribed by the State Treasurer, the following reports:

             (1) A daily report of the total amount of public money held by the depository;

             (2) A weekly summary report of the total fair market value of securities held by a third-party depository on behalf of the depository;

             (3) A monthly report setting forth a list of acceptable securities, including, without limitation, the fair market value of those securities, held by the depository or held by any third-party depository on behalf of the depository; and

             (4) A current annual report containing the financial statement of the depository; and


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      (e) The State Treasurer may impose an administrative fine not to exceed:

             (1) One hundred dollars per day against a depository that fails to submit in a timely manner a report described in paragraph (d); and

             (2) Two hundred fifty dollars per day against a depository that fails to maintain collateral as described in paragraph (a).

      2.  As used in this section, “acceptable securities” means the securities described in:

      (a) Subsection 1 of NRS 356.020; and

      (b) Subsection 1 of NRS 356.133.

      Sec. 11.  1.  Once each fiscal year the State Treasurer shall levy a pro rata assessment against each depository that held public money at any time during the immediately preceding fiscal year.

      2.  The amount of the assessment levied pursuant to subsection 1 must be based on the average weekly deposits of public money held by a depository.

      3.  The State Treasurer shall provide to each depository a notice setting forth:

      (a) The amount of the assessment levied against the depository pursuant to subsection 1; and

      (b) The provisions of section 12 of this act.

      Sec. 12.  1.  A depository shall, within 45 days after the date on which the depository received the notice provided pursuant to subsection 3 of section 11 of this act, remit to the State Treasurer the amount of the assessment levied against the depository.

      2.  The State Treasurer may impose an administrative fine not exceeding $500 per day against a depository that fails to comply with the provisions of subsection 1.

      Sec. 13.  The State Treasurer shall adopt such regulations as he determines are necessary to carry out the provisions of sections 4 to 13, inclusive, of this act.

      Sec. 14.  NRS 356.020 is hereby amended to read as follows:

      356.020  1.  All money deposited by the State Treasurer which is not within the limits of insurance provided by an instrumentality of the United States must be secured by collateral composed of the following types of securities:

      (a) United States treasury notes, bills, bonds or obligations as to which the full faith and credit of the United States are pledged for the payment of principal and interest, including the guaranteed portions of Small Business Administration loans if the full faith and credit of the United States is pledged for the payment of the principal and interest;

      (b) Bonds of this state;

      (c) Bonds of any county, municipality or school district within this state;

      (d) Promissory notes secured by first mortgages or first deeds of trust which meet the requirements of NRS 356.025;

      (e) Mortgage-backed pass-through securities guaranteed by the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation or the Government National Mortgage Association;

      (f) Collateralized mortgage obligations or real estate mortgage investment conduits that are rated “AAA,” “Aaa” or its equivalent by a nationally recognized rating service; [or]


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      (g) Instruments in which the State is permitted by NRS 355.140 to invest [.] ; or

      (h) Irrevocable letters of credit from any Federal Home Loan Bank with the State Treasurer named as the beneficiary.

      2.  Collateral deposited by the depository bank, credit union or savings and loan association must be pledged with the State Treasurer or with any Federal Home Loan Bank, any bank or any insured credit union or savings and loan association, other than the depository bank, credit union or savings and loan association, which will accept the securities in trust for the purposes of this section.

      3.  The fair market value of the deposit of securities as collateral by each depository bank, credit union or savings and loan association must be at least the amount [of the State Treasurer’s deposit with the depository bank, credit union or association.] required pursuant to sections 4 to 13, inclusive, of this act. The fair market value of any collateral consisting of promissory notes with first mortgages or first deeds of trust shall be deemed to be 75 percent of the unpaid principal of the notes.

      4.  All securities to be used as such collateral are subject to review by the State Treasurer . [and the State Board of Finance.] The depository bank, credit union or savings and loan association shall submit [monthly] reports to the State Treasurer [showing the securities which constitute the collateral and their fair market value.] as required pursuant to sections 4 to 13, inclusive, of this act.

      5.  The State Treasurer [or the State Board of Finance] may, from time to time, require the deposit of additional securities as collateral if, in their judgment, the additional securities are necessary to secure the State Treasurer’s deposit.

      Sec. 15.  NRS 356.133 is hereby amended to read as follows:

      356.133  1.  All money deposited by a county treasurer that is not within the limits of insurance provided by an instrumentality of the United States must be secured by collateral composed of the following types of securities:

      (a) United States treasury notes, bills, bonds or obligations as to which the full faith and credit of the United States are pledged for the payment of principal and interest, including the guaranteed portions of Small Business Administration loans if the full faith and credit of the United States is pledged for the payment of the principal and interest;

      (b) Bonds of this state;

      (c) Bonds of a county, municipality or school district within this state;

      (d) Mortgage-backed pass-through securities guaranteed by the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation or the Government National Mortgage Association; [or]

      (e) Instruments in which the county is authorized by NRS 355.170 to invest [.] ; or

      (f) Irrevocable letters of credit from any Federal Home Loan Bank with the State Treasurer named as the beneficiary.

      2.  Collateral deposited by the depository bank, credit union or savings and loan association must be pledged with the county treasurer or with a Federal Home Loan Bank, or any insured bank, insured credit union or insured savings and loan association, other than the depository bank, credit union or savings and loan association, which will accept the securities in trust for the purposes of this section.


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      3.  The fair market value of the deposit of securities as collateral by each depository bank, credit union or savings and loan association must be at least [102 percent of] the amount [of the county treasurer’s deposit with the depository bank, credit union or association.] required pursuant to sections 4 to 13, inclusive, of this act.

      4.  All securities to be used as such collateral are subject to review by the county treasurer and the board of county commissioners. The depository bank, credit union or savings and loan association shall submit [monthly] reports to the [county treasurer showing the securities which constitute the collateral and their fair market value.] State Treasurer as required pursuant to sections 4 to 13, inclusive, of this act. The State Treasurer will provide periodic reports to the county treasurer showing the securities which constitute the collateral and their fair market value.

      5.  The county treasurer or the board of county commissioners may, from time to time, require the deposit of additional securities as collateral if, in their judgment, the additional securities are necessary to secure the county treasurer’s deposit.

      Sec. 15.5.  NRS 279.676 is hereby amended to read as follows:

      279.676  1.  Any redevelopment plan may contain a provision that taxes, if any, levied upon taxable property in the redevelopment area each year by or for the benefit of the State, any city, county, district or other public corporation, after the effective date of the ordinance approving the redevelopment plan, must be divided as follows:

      (a) That portion of the taxes which would be produced by the rate upon which the tax is levied each year by or for each of the taxing agencies upon the total sum of the assessed value of the taxable property in the redevelopment area as shown upon the assessment roll used in connection with the taxation of the property by the taxing agency, last equalized before the effective date of the ordinance, must be allocated to and when collected must be paid into the funds of the respective taxing agencies as taxes by or for such taxing agencies on all other property are paid. To allocate taxes levied by or for any taxing agency or agencies which did not include the territory in a redevelopment area on the effective date of the ordinance but to which the territory has been annexed or otherwise included after the effective date, the assessment roll of the county last equalized on the effective date of the ordinance must be used in determining the assessed valuation of the taxable property in the redevelopment area on the effective date. If property which was shown on the assessment roll used to determine the amount of taxes allocated to the taxing agencies is transferred to the State and becomes exempt from taxation, the assessed valuation of the exempt property as shown on that assessment roll must be subtracted from the assessed valuation used to determine the amount of revenue allocated to the taxing agencies.

      (b) Except as otherwise provided in paragraphs (c) and (d) and NRS 540A.265, that portion of the levied taxes each year in excess of the amount set forth in paragraph (a) must be allocated to and when collected must be paid into a special fund of the redevelopment agency to pay the costs of redevelopment and to pay the principal of and interest on loans, money advanced to, or indebtedness, whether funded, refunded, assumed, or otherwise, incurred by the redevelopment agency to finance or refinance, in whole or in part, redevelopment. Unless the total assessed valuation of the taxable property in a redevelopment area exceeds the total assessed value of the taxable property in the redevelopment area as shown by the last equalized assessment roll referred to in paragraph (a), all of the taxes levied and collected upon the taxable property in the redevelopment area must be paid into the funds of the respective taxing agencies.


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assessment roll referred to in paragraph (a), all of the taxes levied and collected upon the taxable property in the redevelopment area must be paid into the funds of the respective taxing agencies. When the redevelopment plan is terminated pursuant to the provisions of NRS 279.438 and 279.439 and all loans, advances and indebtedness, if any, and interest thereon, have been paid, all money thereafter received from taxes upon the taxable property in the redevelopment area must be paid into the funds of the respective taxing agencies as taxes on all other property are paid.

      (c) That portion of the taxes in excess of the amount set forth in paragraph (a) that is attributable to a tax rate levied by a taxing agency to produce revenues in an amount sufficient to make annual repayments of the principal of, and the interest on, any bonded indebtedness that was approved by the voters of the taxing agency on or after November 5, 1996, must be allocated to and when collected must be paid into the debt service fund of that taxing agency.

      (d) That portion of the taxes in excess of the amount set forth in paragraph (a) that is attributable to a new or increased tax rate levied by a taxing agency and was approved by the voters of the taxing agency on or after November 5, 1996, must be allocated to and when collected must be paid into the appropriate fund of the taxing agency.

      2.  Except as otherwise provided in subsection 3, in any fiscal year, the total revenue paid to a redevelopment agency must not exceed:

      (a) In a municipality whose population is 100,000 or more, an amount equal to the combined tax rates of the taxing agencies for that fiscal year multiplied by 10 percent of the total assessed valuation of the municipality.

      (b) In a municipality whose population is 25,000 or more but less than 100,000, an amount equal to the combined tax rates of the taxing agencies for that fiscal year multiplied by 15 percent of the total assessed valuation of the municipality.

      (c) In a municipality whose population is less than 25,000, an amount equal to the combined tax rates of the taxing agencies for that fiscal year multiplied by 20 percent of the total assessed valuation of the municipality.

If the revenue paid to a redevelopment agency must be limited pursuant to paragraph (a) , [or] (b) or (c) and the redevelopment agency has more than one redevelopment area, the redevelopment agency shall determine the allocation to each area. Any revenue which would be allocated to a redevelopment agency but for the provisions of this section must be paid into the funds of the respective taxing agencies.

      3.  The taxing agencies shall continue to pay to a redevelopment agency any amount which was being paid before July 1, 1987, and in anticipation of which the agency became obligated before July 1, 1987, to repay any bond, loan, money advanced or any other indebtedness, whether funded, refunded, assumed or otherwise incurred.

      4.  For the purposes of this section, the assessment roll last equalized before the effective date of the ordinance approving the redevelopment plan is the assessment roll in existence on March 15 immediately preceding the effective date of the ordinance.

      Sec. 16.  NRS 349.950 is hereby amended to read as follows:

      349.950  1.  The Director may, to pay the cost of any water project, borrow money or otherwise become obligated, and may provide evidence of those obligations by issuing, except as otherwise provided in this subsection, state securities or revenue bonds.


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state securities or revenue bonds. If the obligor is not a governmental entity, the Director shall issue only revenue bonds to fulfill the obligation.

      2.  [State] Except as otherwise provided in this subsection, state obligations may be outstanding pursuant to this section in an aggregate principal amount of not more than $200,000,000. No state obligations, other than refunding obligations, may be issued pursuant to this section after August 1, 2003.

      3.  State securities must be payable from taxes and may be additionally secured by all or any designated revenues from one or more water projects. Any governmental entity statutorily authorized to levy taxes for the payment of bonded indebtedness may use the proceeds of those taxes to pay the principal of, interest on and redemption premiums due in connection with state securities issued pursuant to this section. Any such state securities may be issued without an election or other preliminaries. No state securities may be issued to refund any municipal securities issued to finance a water project before July 1, 1987.

      4.  Provisions of NRS 349.150 to 349.364, inclusive, which are not inconsistent with the provisions of NRS 349.935 to 349.961, inclusive, apply to the issuance of state securities under this section. Provisions of NRS 349.400 to 349.670, inclusive, which are not inconsistent with the provisions of NRS 349.935 to 349.961, inclusive, apply to the issuance of revenue bonds under this section.

      5.  The Legislature finds and declares that the issuance of state securities pursuant to NRS 349.935 to 349.961, inclusive, is necessary for the protection and preservation of the natural resources of this state and for the purpose of obtaining the benefits thereof, and constitutes an exercise of the authority conferred by the second paragraph of Section 3 of Article 9 of the Constitution of the State of Nevada.

      Sec. 17.  Section 2 of chapter 478, Statutes of Nevada 1983, as amended by chapter 785, Statutes of Nevada 1989, at page 1866, is hereby amended to read as follows:

      Sec. 2.  [After]

      1.  Except as otherwise provided in subsection 2, after any of the agreements described in section 1 of this act have been entered into, the state board of examiners shall issue general obligation bonds of the State of Nevada to provide the money necessary to pay the state’s share of costs associated with projects authorized pursuant to section 1 of this act for the conservation, distribution and acquisition of water associated with the Truckee River, the Carson River, the Lahontan Valley Wetlands and the Newlands Federal Reclamation Project, but not more than $8,000,000 in face amount. The bonds may be issued at one time or from time to time.

      2.  No bonds, other than refunding bonds, may be issued pursuant to this section after August 1, 2003.

      Sec. 18.  Section 4 of chapter 78, Statutes of Nevada 1993, at page 124, is hereby amended to read as follows:

      Sec. 4.  1.  Subject to the limitations as to the maximum principal amount in section 2 of this act, the commission may in accordance with the provisions of the State Securities Law issue revenue bonds and other securities constituting special obligations and payable from net pledged revenues, to defray the cost of the system, or any part thereof, at any time or from time to time after the adoption of this act, but not later than [15 years after the effective date thereof, as the commission deems appropriate.]


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adoption of this act, but not later than [15 years after the effective date thereof, as the commission deems appropriate.] August 1, 2003.

      2.  This act does not prevent the commission from funding, refunding or reissuing any outstanding state securities issued by the commission or the former division of Colorado River resources at any time as provided in the State Securities Law.

      3.  Subject to contractual obligations, the net revenues pledged for the payment of state securities by the commission may be derived from contractual commitments of the Federal Government, of those customers of the commission or of others utilizing the system to repay the commission’s cost of retiring the state securities, including interest thereon, as the commission may determine.

      Sec. 19.  Chapter 627, Statutes of Nevada 1995, at page 2379, is hereby amended to read a follows:

      Section 1.  1.  The department of information services may enter into contracts for the purchase of equipment to upgrade the mainframe of the computer. [The] Except as otherwise provided in subsection 2, the contracts may include installment purchase agreements for the equipment which constitute a total debt of the State of Nevada in an amount determined by the state board of examiners not exceeding $5,000,000. Money for the payment of the debt incurred pursuant to this section will be provided for in the annual tax imposed for the payment of the obligations of the State of Nevada from the consolidated bond interest and redemption fund or by other legislative act. The provisions of NRS 349.238 to 349.248, inclusive, apply to payment of the debt. Interest on the debt must be paid at least semiannually and the principal must be paid within 20 years after the date of passage of this act.

      2.  No installment purchase agreement authorized pursuant to subsection 1 may be entered into after August 1, 2003, other than an installment purchase agreement entered into for the purpose of refunding outstanding obligations.

      Sec. 20.  Section 4 of chapter 656, Statutes of Nevada 1995, at page 2530, is hereby amended to read as follows:

      Sec. 4.  1.  The director of the department of prisons shall, to the extent of legislative appropriations and authorizations, enter into a contract in accordance with the provisions of chapter 573, Statutes of Nevada 1991, at page 1893, for the construction and operation of a new correctional facility for women in southern Nevada. [The] Except as otherwise provided in subsection 2, the contract may include an assignable lease or installment purchase agreement for the facility which constitutes a debt of the State of Nevada in an amount determined by the state board of examiners not exceeding $44,000,000. Money for the payment of the debt incurred pursuant to this section will be provided for in the annual tax imposed for the payment of the obligations of the State of Nevada from the consolidated bond interest and redemption fund or by other legislative act. The provisions of NRS 349.238 to 349.248, inclusive, apply to payment of the debt. Interest on the debt must be paid at least semiannually and the principal must be paid within 20 years after the date of passage of this act.


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      2.  No lease or installment purchase agreement authorized pursuant to subsection 1 may be entered into after August 1, 2003, other than a lease or installment purchase agreement entered into for the purpose of refunding outstanding obligations.

      3.  Except for debt incurred as provided in subsection 1, all payments of money required by the contract authorized by subsection 1 must be subject to biennial appropriation by the legislature and must not be due and payable unless an appropriation is made.

      Sec. 21.  Section 7 of chapter 563, Statutes of Nevada 1997, at page 2738, is hereby amended to read as follows:

      Sec. 7.  1.  The director may, to the extent of legislative appropriations and authorizations, enter into a single contract to finance, acquire and construct the facility. The contract may include a provision that requires the contractor to provide correctional services for the facility. The provisions of this subsection do not prohibit the department or any other state agency from providing correctional services for the facility.

      2.  [The] Except as otherwise provided in this subsection, the contract may include an assignable lease or installment purchase agreement for the facility. The lease or agreement constitutes a debt of the State of Nevada in an amount determined by the state board of examiners not exceeding $20,000,000. No lease or installment purchase agreement authorized pursuant to this subsection may be entered into after August 1, 2003, other than a lease or installment purchase agreement entered into for the purpose of refunding outstanding obligations.

      3.  Money for the payment of the debt incurred pursuant to this section will be provided for in the annual tax imposed for the payment of the obligations of the State of Nevada from the consolidated bond interest and redemption fund or by other legislative act. The provisions of NRS 349.238 to 349.248, inclusive, apply to the payment of the debt. Any interest on the debt must be paid at least semiannually and the principal must be paid within 20 years after the date the contract is approved by the state board of examiners.

      4.  Except for debt incurred as provided in subsection 1, all payments of money required by the contract authorized pursuant to the provisions of subsection 1 must be subject to biennial appropriation by the legislature and must not be due and payable unless an appropriation is made.

      5.  The department may request that proposals for correctional services be submitted and must specify the requirements for the proposal.

      6.  A proposal submitted to the department must:

      (a)  Meet the requirements specified in the request; and

      (b)  Set a fixed price for the services offered.

      7.  The contract to finance, acquire and construct the facility is exempt from the provisions relating to bids set forth in NRS 341.145 to 341.151, inclusive.

      Sec. 22.  This act becomes effective upon passage and approval and applies retroactively to July 1, 2003.

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CHAPTER 14, AB 15

Assembly Bill No. 15–Committee of the Whole

 

CHAPTER 14

 

AN ACT relating to making appropriations to the Department of Cultural Affairs for expenses relating to the continued operation of the Southern Nevada Office of the Nevada Humanities Committee and for the creation of a Nevada Online Encyclopedia; and providing other matters properly relating thereto.

 

[Approved: July 22, 2003]

 

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 Cultural Affairs the sum of $200,000 for expenses relating to the continued operation of the Southern Nevada Office of the Nevada Humanities Committee.

      2.  Upon acceptance of the money appropriated by subsection 1, the Nevada Humanities Committee agrees to:

      (a) Prepare and transmit a report to the Interim Finance Committee on or before December 15, 2004, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by the Nevada Humanities Committee through December 1, 2004; and

      (b) Upon request of the Legislative Commission, make available to the Legislative Auditor any books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise and irrespective of their form or location, which the Legislative Auditor deems necessary to conduct any audit of the use of the money appropriated pursuant to subsection 1.

      Sec. 2.  1.  There is hereby appropriated from the State General Fund to the Department of Cultural Affairs the sum of $100,000 for expenses relating to the creation of a Nevada Online Encyclopedia.

      2.  The appropriation made by subsection 1 is contingent upon the Department of Cultural Affairs obtaining matching money from the Federal Government and other sources. The Department of Cultural Affairs shall submit proof satisfactory to the State Controller that the matching money has been committed from the Federal Government and other sources before the money appropriated by subsection 1 may be distributed.

      Sec. 3.  Any remaining balance of the appropriations made by sections 1 and 2 of this act must not be committed for expenditure after June 30, 2005, and reverts to the State General Fund as soon as all payments of money committed have been made.

      Sec. 4.  This section and sections 1 to 3, inclusive, of this act become effective upon passage and approval and apply retroactively to July 1, 2003.

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CHAPTER 15, AB 16

Assembly Bill No. 16–Committee of the Whole

 

CHAPTER 15

 

AN ACT relating to county finances; authorizing the imposition of a fee on certain rental cars in certain larger counties to finance a performing arts center and facility for providing vocational training in culinary skills; authorizing the issuance of revenue bonds for certain of those projects; providing for the collection, distribution and use of the fee; authorizing such a county to revise certain schedules of fees, rates, charges and taxes to ensure the payment of certain revenue bonds of the county; and providing other matters properly relating thereto.

 

[Approved: July 22, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 244A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.

      Sec. 2.  As used in sections 2 to 5, inclusive, of this act “department” means the Department of Taxation.

      Sec. 3.  1.  Except as otherwise provided in subsection 2, the board of county commissioners of a county whose population is 400,000 or more may by ordinance impose a fee upon the lease of a passenger car by a short-term lessor in the county in the amount of not more than 2 percent of the total amount for which the passenger car was leased, excluding any taxes or other fees imposed by a governmental entity.

      2.  The fee imposed pursuant to subsection 1 must not apply to replacement vehicles. As used in this subsection, “replacement vehicle” means a vehicle that is:

      (a) Rented temporarily by or on behalf of a person or leased to a person by a facility that repairs motor vehicles or a motor vehicle dealer; and

      (b) Used by the person in place of a motor vehicle owned by the person that is unavailable for use because of mechanical breakdown, repair, service, damage or loss as defined in the owner’s policy of liability insurance for the motor vehicle.

      3.  After reimbursement of the Department pursuant to paragraph (a) of subsection 1 of section 4 of this act for its expense in collecting and administering a fee imposed pursuant to this section, the remaining proceeds of the fee which are received by a county must be used to pay the costs to acquire, improve, equip, operate and maintain within the county a performing arts center, or to pay the principal of, interest on or other payments due with respect to bonds issued to pay such costs, including bonds issued to refund bonds issued to pay such costs, or any combination thereof.

      4.  The board of county commissioners shall not repeal or amend or otherwise directly or indirectly modify an ordinance imposing a fee pursuant to subsection 1 in such a manner as to impair any outstanding bonds issued by or other obligations incurred by the county until all obligations for which revenue from the ordinance have been pledged or otherwise made payable from such revenue have been discharged in full or provision for full payment and redemption has been made.


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otherwise made payable from such revenue have been discharged in full or provision for full payment and redemption has been made.

      5.  As used in this section, the words and terms defined in NRS 482.053 and 482.087 have the meanings ascribed to them in those sections.

      Sec. 4.  1.  Any ordinance adopted pursuant to section 3 of this act must include a provision requiring the board of county commissioners to enter into a contract before the effective date of the ordinance with the Department to perform all functions incident to the collection and administration of the fee in the county. Such a contract must:

      (a) Authorize the Department to retain 0.10 percent of the amount of the proceeds of the fee to reimburse the Department for its expenses in collecting and administering the fee; and

      (b) Require the distribution of the remaining amount of the proceeds of the fee to the county at such a time and in such a manner as the parties determine, which must be not less frequently than once each calendar quarter.

      2.  Any ordinance amending an ordinance adopted pursuant to section 3 of this act must include a provision in substance that the county shall amend the contract made pursuant to subsection 1 by a contract made between the county and the Department, before the effective date of the amendatory ordinance, unless the county determines with the written concurrence of the Department that no such amendment of the contract is necessary or desirable.

      Sec. 5.  (Deleted.)

      Sec. 6.  (Deleted.)

      Sec. 7.  1.  A board that has adopted an ordinance imposing a fee pursuant to section 3 of this act may, on behalf of the county and in its name:

      (a) Acquire, improve, equip, operate and maintain within the county a performing arts center.

      (b) Pursuant to the provisions of chapter 350 of NRS, issue revenue bonds of the county to acquire, improve or equip, or any combination thereof, within the county a performing arts center.

      2.  Bonds issued pursuant to this section for a performing arts center must be payable from the proceeds of the fee imposed by the county pursuant to section 3 of this act that are and may be additionally secured by and payable from the gross or net revenues of the performing arts center.

      Sec. 8.  NRS 244A.011 is hereby amended to read as follows:

      244A.011  NRS 244A.011 to 244A.065, inclusive, and sections 6 and 7 of this act shall be known as the County Bond Law.

      Sec. 9.  NRS 244A.013 is hereby amended to read as follows:

      244A.013  Except where the context otherwise requires, the definitions in NRS 244A.015 to 244A.056, inclusive, and section 6 of this act govern the construction hereof.

      Sec. 10.  NRS 244A.063 is hereby amended to read as follows:

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


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

      Sec. 11.  NRS 360.417 is hereby amended to read as follows:

      360.417  Except as otherwise provided in NRS 360.232 and 360.320, and unless a different penalty or rate of interest is specifically provided by statute, any person who fails to pay any tax provided for in chapter 362, 364A, 369, 370, 372, 374, 377, 377A, 444A or 585 of NRS, or [the] any fee provided for in NRS 482.313, to the State or a county within the time required, shall pay a penalty of not more than 10 percent of the amount of the tax or fee which is owed, as determined by the Department, in addition to the tax or fee, plus interest at the rate of 1 percent per month, or fraction of a month, from the last day of the month following the period for which the amount or any portion of the amount should have been reported until the date of payment. The amount of any penalty imposed must be based on a graduated schedule adopted by the Nevada Tax Commission which takes into consideration the length of time the tax or fee remained unpaid.

      Sec. 12.  NRS 482.313 is hereby amended to read as follows:

      482.313  1.  Upon the lease of a passenger car by a short-term lessor in this state, the short-term lessor:

      (a) Shall charge and collect from the short-term lessee [a] :

             (1) A governmental services fee of 6 percent of the total amount for which the passenger car was leased, excluding the items described in subsection 7 [.] ; and

             (2) Any fee required pursuant to section 3 of this act; and

      (b) May charge and collect from the short-term lessee a recovery surcharge not to exceed [3.5] 4 percent of the total amount for which the passenger car was leased, excluding the items described in subsection 8, as reimbursement for vehicle licensing fees and taxes paid by the short-term lessor.

The amount of any fee charged pursuant to this subsection must be indicated in the lease agreement.

      2.  The [governmental services] fees due from a short-term lessor to the Department of Taxation pursuant to [this] subsection 1 are due on the last day of each calendar quarter. On or before the last day of the month following each calendar quarter, the short-term lessor shall:

      (a) File with the Department of Taxation, on a form prescribed by the Department of Taxation, a report indicating the total amount of:

             (1) [Governmental services] Each of the fees collected by the short-term lessor pursuant to paragraph (a) of subsection 1 during the immediately preceding calendar quarter;

             (2) Recovery surcharges, if any, collected by the short-term lessor pursuant to paragraph (b) of subsection 1 during the immediately preceding calendar quarter; and

             (3) Vehicle licensing fees and taxes paid by the short-term lessor pursuant to this chapter during the immediately preceding calendar quarter.

      (b) Remit to the Department of Taxation, the [governmental services] fees collected by the short-term lessor pursuant to paragraph (a) of subsection 1 during the immediately preceding calendar quarter.


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      3.  [The] Except as otherwise provided in a contract made pursuant to section 4 of this act, the Department of Taxation shall deposit all money received from short-term lessors pursuant to the provisions of this section with the State Treasurer for credit to the State General Fund.

      4.  To ensure compliance with this section, the Department of Taxation may audit the records of a short-term lessor.

      5.  The provisions of this section do not limit or affect the payment of any taxes or fees imposed pursuant to the provisions of this chapter.

      6.  The Department of Motor Vehicles shall, upon request, provide to the Department of Taxation any information in its records relating to a short-term lessor that the Department of Taxation considers necessary to collect the [fee required by this section.] fees described in subsection 1.

      7.  For the purposes of charging and collecting the governmental services fee described in subparagraph (1) of paragraph (a) of subsection 1, the following items must not be included in the total amount for which the passenger car was leased:

      (a) The amount of any recovery surcharge charged and collected pursuant to paragraph (b) of subsection 1;

      (b) The amount of any charge for fuel used to operate the passenger car;

      (c) The amount of any fee or charge for the delivery, transportation or other handling of the passenger car;

      (d) The amount of any fee or charge for insurance, including, without limitation, personal accident insurance, extended coverage or insurance coverage for personal property; [and]

      (e) The amount of any charges assessed against a short-term lessee for damages for which the short-term lessee is held responsible [.] ; and

      (f) The amount of any fee charged and collected pursuant to subparagraph (2) of paragraph (a) of subsection 1.

      8.  For the purposes of charging and collecting the recovery surcharge described in paragraph (b) of subsection 1, the following items must not be included in the total amount for which the passenger car was leased:

      (a) The amount of the [governmental services fee] fees charged and collected pursuant to paragraph (a) of subsection 1;

      (b) The amount of any charge for a collision damage waiver or a similar instrument that acts as a waiver of the short-term lessor’s right to collect from the short-term lessee for any damage to the passenger car;

      (c) The amount of any charge for fuel used to operate the passenger car;

      (d) The amount of any fee or charge for the delivery, transportation or other handling of the passenger car;

      (e) The amount of any fee or charge for insurance, including, without limitation, personal accident insurance, extended coverage or insurance coverage for personal property;

      (f) The amount of any charges assessed against a short-term lessee for damages for which the short-term lessee is held responsible; and

      (g) The amount of any concession fee or charge that the short-term lessor:

             (1) Is required to pay to do business at an airport, if applicable; and

             (2) Passes on to the short-term lessee of the passenger car.

      9.  The Executive Director of the Department of Taxation shall:

      (a) Adopt such regulations as he determines are necessary to carry out the provisions of this section; and


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ê2003 Statutes of Nevada, 20th Special Session, Page 298 (Chapter 15, AB 16)ê

 

      (b) Upon the request of the Director of the Department of Motor Vehicles, provide to the Director of the Department of Motor Vehicles a copy of any record or report described in this section.

      10.  As used in this section, “vehicle licensing fees and taxes” means:

      (a) The fees paid by a short-term lessor for the registration of, and the issuance of certificates of title for, the passenger cars leased by him; and

      (b) The basic and supplemental governmental services taxes paid by the short-term lessor with regard to those passenger cars.

      Sec. 13.  Notwithstanding the provisions of section 3 of this act, the Board of County Commissioners of Clark County shall distribute the initial $3,000,000 collected from the fee imposed pursuant to section 3 of this act to the Culinary and Hospitality Academy of Las Vegas for the planning and design of a facility for vocational training in Southern Nevada.

      Sec. 14.  The authorization to impose a fee pursuant to section 3 of this act expires by limitation on June 30 of the later of the fiscal year that is 20 years after the fiscal year in which the ordinance imposing the fee is adopted or the fiscal year in which all bonds issued pursuant to section 7 of this act, including, without limitation, any bonds issued to refund bonds issued pursuant to section 7 of this act, are fully paid as to all principal, interest and any other amounts due.

      Sec. 15.  This act becomes effective upon passage and approval and applies retroactively to July 1, 2003.

________

 

CHAPTER 16, SB 7

Senate Bill No. 7–Committee of the Whole

 

CHAPTER 16

 

AN ACT making an appropriation to the Legislative Fund for the costs of the 20th Special Session of the Nevada Legislature; and providing other matters properly relating thereto.

 

[Approved: July 22, 2003]

 

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 218.085 the sum of $200,000 for the costs of the 20th Special Session of the Nevada Legislature.

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

________

 


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ê2003 Statutes of Nevada, 20th Special Session, Page 299ê

 

CHAPTER 17, SB 9

Senate Bill No. 9–Committee of the Whole

 

CHAPTER 17

 

AN ACT relating to vehicles; extending under certain circumstances the coverage of provisions relating to franchises for motor vehicles to include recreational vehicles designed to be mounted upon or drawn by a motor vehicle; revising the provision regarding the compensation owed to a dealer upon the termination or discontinuance of a franchise; requiring the Director of the Department of Motor Vehicles under certain circumstances to award attorney’s fees and costs to dealers; providing a penalty; and providing other matters properly relating thereto.

 

[Approved: July 22, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 482 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  “Distributor” means a person, other than a manufacturer, who is engaged in the business of selling new vehicles to dealers.

      Sec. 3.  “Vehicle” means a motor vehicle or a recreational vehicle. The term includes a recreational vehicle designed to be mounted upon or drawn by a motor vehicle.

      Sec. 4.  NRS 482.028 is hereby amended to read as follows:

      482.028  [“Distributor”] Except as otherwise provided in section 2 of this act, “distributor” means a person, other than a manufacturer, who is engaged in the business of selling new motor vehicles to dealers.

      Sec. 5.  NRS 482.043 is hereby amended to read as follows:

      482.043  “Franchise” means a written agreement between a manufacturer or distributor and a dealer by which:

      1.  A commercial relationship of definite duration or continuing indefinite duration is established.

      2.  The dealer is granted the right to offer and sell at retail new [motor] vehicles, other than mopeds, farm tractors or special mobile equipment.

      3.  The dealer constitutes a component of a distribution system for new [motor] vehicles.

      4.  The operation of the dealer’s business is substantially associated with the trademark, trade name, advertising or other commercial symbol designating a manufacturer or distributor.

      5.  The operation of a portion of the dealer’s business is substantially reliant on the manufacturer or distributor for a continued supply of new [motor] vehicles, parts and accessories.

      Sec. 6.  NRS 482.135 is hereby amended to read as follows:

      482.135  1.  [“Vehicle”] Except as otherwise provided in section 3 of this act, “vehicle” means every device in, upon or by which any person or property is or may be transported or drawn upon a public highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks.


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ê2003 Statutes of Nevada, 20th Special Session, Page 300 (Chapter 17, SB 9)ê

 

      2.  The term does not include mobile homes or commercial coaches as defined in chapter 489 of NRS.

      Sec. 7.  NRS 482.36311 is hereby amended to read as follows:

      482.36311  As used in NRS 482.36311 to 482.36425, inclusive, and sections 2 and 3 of this act, unless the context otherwise requires, the words and terms defined in NRS 482.36319 to 482.36345, inclusive, and sections 2 and 3 of this act have the meanings ascribed to them in those sections.

      Sec. 8.  NRS 482.36319 is hereby amended to read as follows:

      482.36319  “Distributor branch” means a branch office maintained by a distributor for the sale of new [motor] vehicles to dealers or which is maintained for directing and supervising distributor branch representatives.

      Sec. 9.  NRS 482.3632 is hereby amended to read as follows:

      482.3632  “Factory branch” means a branch office maintained by a manufacturer for the sale of new [motor] vehicles to distributors or dealers or which is maintained for directing and supervising manufacturers’ representatives.

      Sec. 10.  NRS 482.36345 is hereby amended to read as follows:

      482.36345  “Representative” means any person regularly employed by a manufacturer or distributor for the purpose of negotiating or promoting the sale of the manufacturer’s or distributor’s new [motor] vehicles to dealers or for regularly supervising or communicating with dealers or prospective dealers in this state for any purpose.

      Sec. 11.  NRS 482.363521 is hereby amended to read as follows:

      482.363521  1.  Upon the termination or refusal to continue a franchise, the manufacturer or distributor shall compensate the dealer for:

      (a) The dealer’s inventory of new vehicles, including new vehicles not of the current model year [.] if delivered to the dealer during the 18-month period immediately preceding the effective date of the termination or refusal to continue the franchise. As used in this paragraph, a “new vehicle” is one which has not been damaged , [or] materially altered [and registers 50 miles or less on its odometer.] or registered with the Department or with the appropriate agency of authority of any other state, the District of Columbia, any territory or possession of the United States or any foreign state, province or country.

      (b) The dealer’s inventory of parts and accessories which:

             (1) Have been purchased by the dealer from the manufacturer or distributor; and

             (2) Are listed in a current parts catalog of the manufacturer or distributor.

      (c) Any special tools purchased by the dealer from the manufacturer or distributor, less a reasonable allowance for depreciation.

      (d) Any equipment, furnishings or signs purchased by the dealer from the manufacturer or distributor, less a reasonable allowance for depreciation.

      (e) Except as otherwise provided in subsection 4, the fair rental value for 90 days, and any additional period allowed by the Director after considering the difficulty of finding a new tenant for the dealer’s premises affected, after the effective date of the termination or refusal to continue of the portion of the dealer’s place of business that was used by the dealer to sell or service [motor] vehicles or other products of the manufacturer or distributor.

      2.  Compensation paid pursuant to paragraphs (a) to (d), inclusive, of subsection 1 must be paid in an amount at least equal to the greater of:


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ê2003 Statutes of Nevada, 20th Special Session, Page 301 (Chapter 17, SB 9)ê

 

      (a) The amount actually paid by the dealer for the vehicles, parts, tools and equipment; or

      (b) The amount currently paid by other dealers in this state for the vehicles, parts, tools and equipment.

      3.  If compensation is paid pursuant to paragraph (e) of subsection 1, the dealer shall allow the manufacturer or distributor paying the compensation the use and possession of the premises affected.

      4.  The manufacturer or distributor is not required to pay compensation pursuant to paragraph (e) of subsection 1 if the dealer has been convicted of a crime involving fraud in connection with his application for or operation of the franchise.

      5.  This section does not relieve a dealer of his obligation to mitigate damages resulting from the termination or refusal to continue the franchise.

      Sec. 12.  NRS 482.363523 is hereby amended to read as follows:

      482.363523  Upon the termination or refusal to continue a franchise, the dealer:

      1.  May not require reimbursement by the manufacturer or distributor for any parts or services furnished by the dealer, after the effective date of the termination or refusal to continue, to customers pursuant to any warranties of the manufacturer or distributor;

      2.  Shall deliver to the manufacturer or distributor any invoices and money deposited by customers for [motor] vehicles or other products of the manufacturer or distributor that were not delivered to the customers before the effective date of the termination or refusal to continue; and

      3.  Shall furnish the manufacturer or distributor with copies of all of his records concerning the servicing of any [motor] vehicle or other product of the manufacturer or distributor. The manufacturer or distributor shall reimburse the dealer for the reasonable cost of compiling and copying the records and delivering the copies.

      Sec. 13.  NRS 482.36358 is hereby amended to read as follows:

      482.36358  In determining whether good cause has been established for preventing a manufacturer or distributor from establishing an additional dealership or relocating an existing dealership within the relevant market area of another dealer in the same line and make of vehicles, the Director shall consider, without limitation:

      1.  The effect of the intended action on the business of selling new [motor] vehicles at retail in the relevant market area.

      2.  Whether the establishment of an additional dealership or the relocation of an existing dealership for [motor] vehicles of the particular line and make would be injurious to the welfare of the public.

      3.  Whether the dealers franchised to sell new [motor] vehicles of the particular line and make in the relevant market area are providing adequate competition, convenient customer service and adequate personnel and facilities for sales of the vehicles to persons in the area, as well as adequate equipment, spare parts and qualified mechanics and other service personnel for repair and maintenance of the vehicles.

      4.  Whether the establishment of an additional dealership or the relocation of an existing dealership would increase constructive competition and therefore be in the public interest.

      5.  Any other fact which the Director regards as relevant to the decision required of him.


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ê2003 Statutes of Nevada, 20th Special Session, Page 302 (Chapter 17, SB 9)ê

 

      Sec. 14.  NRS 482.36366 is hereby amended to read as follows:

      482.36366  1.  Each witness, other than an officer or employee of the State or of a political subdivision of the State [,] or an expert witness, who appears by order of the Director in a hearing pursuant to NRS 482.36311 to 482.36425, inclusive, and sections 2 and 3 of this act, is entitled to receive for his attendance the same fees allowed by law to witnesses in civil cases. [The] Except as otherwise provided in subsection 2, the amount must be paid by the party at whose request the witness is ordered to appear.

      2.  The Director may assess other costs against the parties as he deems appropriate. After any hearing on a protest filed pursuant to NRS 482.36352, 482.36354 or 482.36357, if the Director determines that the manufacturer or distributor has failed to establish that there is good cause to terminate, refuse to continue, modify or replace a franchise, or to establish an additional dealership or relocate an existing dealership, the Director shall award to the dealer his attorney’s fees and costs.

      3.  For the purposes of this section, “costs” includes:

      (a) Except as otherwise provided in paragraph (b), any applicable cost set forth in NRS 18.005; and

      (b) The actual amount of any fees paid by a dealer to an expert witness in connection with the hearing.

      Sec. 15.  NRS 482.3638 is hereby amended to read as follows:

      482.3638  It is an unfair act or practice for any manufacturer, distributor or factory branch, directly or through any representative, to:

      1.  Require a dealer to agree to a release, assignment, novation, waiver or estoppel which purports to relieve any person from liability imposed by this chapter, or require any controversy between a dealer and a manufacturer, distributor or representative to be referred to any person or agency except as set forth in this chapter if that referral would be binding on the dealer, except that this section does not prevent the parties from mutually agreeing to arbitration pursuant to law.

      2.  Require a dealer to agree to the jurisdiction, venue or tribunal in which a controversy arising under the provisions of the franchise agreement may or may not be submitted for resolution, or prohibit a dealer from bringing an action in any forum allowed by Nevada law.

      3.  Require a dealer to waive a trial by jury in actions involving the manufacturer, distributor or factory branch.

      4.  Increase prices of new [motor] vehicles which the dealer had ordered for private retail consumers before his receipt of the written official notification of a price increase. A sales contract signed by a retail consumer constitutes evidence of each order. Price changes applicable to new [model] models or series [motor] of vehicles at the time of the introduction of the new models or series shall not be deemed a price increase. Price changes caused by:

      (a) The addition to a [motor] vehicle of equipment formerly optional as standard or required equipment pursuant to state or federal law;

      (b) Revaluation of the United States dollar in the case of foreign-made vehicles; or

      (c) Transportation cost increases,

are not subject to this subsection.

      5.  Deny the principal owner the opportunity to designate his spouse, a member of his family, a qualified manager, or a trust or other artificial person controlled by any of them as entitled to participate in the ownership of:


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ê2003 Statutes of Nevada, 20th Special Session, Page 303 (Chapter 17, SB 9)ê

 

person controlled by any of them as entitled to participate in the ownership of:

      (a) The franchised dealership;

      (b) A successor franchised dealership for 2 years or a longer reasonable time after the incapacity of the principal owner; or

      (c) A successor franchised dealership after the death of the principal in accordance with NRS 482.36396 to 482.36414, inclusive.

      6.  Modify unilaterally, replace, enter into, relocate, terminate or refuse to renew a franchise in violation of law.

      7.  Terminate or refuse to approve a transfer of a franchise for a dealership, or honor the right of succession set forth in a franchise agreement or refuse to approve the transfer of a controlling interest in a dealership because the dealer has, before October 1, 1997, established an additional franchise to sell or service another line or make of new vehicles in the same facility as the existing dealership.

      8.  Prevent a dealer from establishing, on or after October 1, 1997, an additional franchise to sell or service another line or make of new vehicles in the same facility as the existing dealership if the dealer:

      (a) Submits a written request for approval of the additional franchise to the manufacturer, distributor or factory branch of the existing dealership;

      (b) Complies with the reasonable requirements for approval set forth in the franchise of the existing dealership; and

      (c) Obtains the approval of the manufacturer, distributor or factory branch of the existing dealership.

The manufacturer, distributor or factory branch shall notify the dealer in writing of its decision to approve or deny the request within 90 days after receipt of the request. The manufacturer, distributor or factory branch shall not unreasonably withhold its approval. If the request is denied, the material reasons for the denial must be stated. Failure to approve or deny the request, in writing, within 90 days has the effect of approval.

      Sec. 16.  NRS 482.36385 is hereby amended to read as follows:

      482.36385  It is an unfair act or practice for any manufacturer, distributor or factory branch, directly or through any representative, to:

      1.  Compete with a dealer. A manufacturer or distributor shall not be deemed to be competing when operating a previously existing dealership temporarily for a reasonable period, or in a bona fide retail operation which is for sale to any qualified person at a fair and reasonable price, or in a bona fide relationship in which a person has made a significant investment subject to loss in the dealership and can reasonably expect to acquire full ownership of the dealership on reasonable terms and conditions.

      2.  Discriminate unfairly among its dealers, or fail without good cause to comply with franchise agreements, with respect to warranty reimbursement or authority granted to its dealers to make warranty adjustments with retail customers.

      3.  Fail to compensate a dealer fairly for the work and services which he is required to perform in connection with the delivery and preparation obligations under any franchise, or fail to compensate a dealer fairly for labor, parts and other expenses incurred by him under the manufacturer’s warranty agreements. The manufacturer shall set forth in writing the respective obligations of a dealer and the manufacturer in the preparation of a vehicle for delivery, and as between them a dealer’s liability for a defective product is limited to his obligation so set forth. Fair compensation includes diagnosis and reasonable administrative and clerical costs.


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ê2003 Statutes of Nevada, 20th Special Session, Page 304 (Chapter 17, SB 9)ê

 

diagnosis and reasonable administrative and clerical costs. The dealer’s compensation for parts and labor to satisfy a warranty must not be less than the amount of money charged to its various retail customers for parts and labor that are not covered by a warranty. If parts are supplied by the manufacturer, including exchanged parts and assembled components, the dealer is entitled with respect to each part to an amount not less than his normal retail markup for the part. This subsection does not apply to compensation for any part, system, fixture, appliance, furnishing, accessory or feature of a motor home or recreational vehicle that is designed, used and maintained primarily for nonvehicular, residential purposes.

      4.  Fail to pay all claims made by dealers for compensation for delivery and preparation work, transportation claims, special campaigns and work to satisfy warranties within 30 days after approval, or fail to approve or disapprove such claims within 30 days after receipt, or disapprove any claim without notice to the dealer in writing of the grounds for disapproval. Failure to approve or disapprove or to pay within the specified time limits in an individual case does not constitute a violation of this section if the failure is because of reasons beyond the control of the manufacturer, distributor or factory branch.

      5.  Sell a new [motor] vehicle to a person who is not licensed as a new [motor] vehicle dealer under the provisions of this chapter.

      6.  Use false, deceptive or misleading advertising or engage in deceptive acts in connection with the manufacturer’s or distributor’s business.

      7.  Perform an audit to confirm a warranty repair, sales incentive or rebate more than 12 months after the date of the transaction.

      Sec. 17.  NRS 482.36386 is hereby amended to read as follows:

      482.36386  It is an unfair act or practice for a manufacturer or distributor to:

      1.  Sell or offer to sell a new [motor] vehicle to a dealer at a lower actual price than the actual price offered to another dealer for the same model similarly equipped or to use a promotion or other device that results in a lower actual price. This subsection does not apply to a sale to a governmental unit or to a dealer for resale to a governmental unit, or to a sale to a dealer of a vehicle ultimately sold, donated or used by the dealer or in a program of driver’s education.

      2.  Offer, sell or lease a new [motor] vehicle to any person, except a distributor, at a lower actual price than the price offered or charged a dealer for the same model similarly equipped, or use any device that results in a lower actual price.

      3.  Offer or sell parts or accessories to a dealer for his own use in repairing or replacing the same or a comparable part or accessory at a lower actual price than the actual price charged to another dealer for his own similar use, but a lower price may be charged to a dealer who buys as a distributor for resale to retail outlets than is charged to a dealer who does not buy for that purpose.

      Sec. 18.  NRS 482.36387 is hereby amended to read as follows:

      482.36387  A manufacturer or distributor, or an agent, officer, parent, subsidiary or enterprise under common control with a manufacturer or distributor shall not own or operate a facility for the repair or maintenance of [motor] vehicles except:

      1.  Vehicles owned or operated by the manufacturer, distributor or a related person; or


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ê2003 Statutes of Nevada, 20th Special Session, Page 305 (Chapter 17, SB 9)ê

 

      2.  Service required to comply with a statute or regulation or the order of a court.

      Sec. 19.  NRS 482.36388 is hereby amended to read as follows:

      482.36388  A manufacturer, importer or distributor shall not:

      1.  Adopt or put into effect a method for the allocation, scheduling or delivery of new [motor] vehicles, parts or accessories to its dealers that is not fair, reasonable and equitable or change an existing method so as to be unfair, unreasonable or inequitable. Upon the request of a dealer, a manufacturer, importer or distributor shall disclose in writing to the dealer the method by which new [motor] vehicles, parts and accessories are allocated, scheduled or delivered to its dealers handling the same line or make of vehicles.

      2.  Refuse or fail to deliver, in reasonable quantities and within a reasonable time after receipt of an order, to a dealer holding a franchise for a line or make of [motor] vehicle sold or distributed by the manufacturer, importer or distributor any new vehicle sold under the same name, trademark, service mark or brand, or parts or accessories for the new vehicle, if the vehicle, parts or accessories are being delivered to others or advertised as available for delivery, or require a dealer to purchase unreasonable advertising displays or other materials, or require a dealer to remodel or renovate his existing facilities as a prerequisite to receiving a model or series of vehicles. Compliance with this subsection is excused if prevented by an act of God, strike or labor dispute, embargo or other cause beyond the control of the manufacturer, importer or distributor.

      Sec. 20.  NRS 482.36391 is hereby amended to read as follows:

      482.36391  No [motor vehicle] manufacturer, distributor, factory branch or representative thereof may induce by means of coercion, intimidation or discrimination any dealer to:

      1.  Order or accept delivery of any [motor] vehicle, parts or accessories therefor, or any other commodity which was not voluntarily ordered by [such] the dealer.

      2.  Order or accept delivery of any [motor] vehicle with special features, appliances, accessories or equipment not included in the list price of [such] the vehicle as publicly advertised by the manufacturer thereof.

      3.  Order from any person any parts, accessories, equipment, machinery, tools, appliances or other commodity.

      Sec. 21.  NRS 482.36395 is hereby amended to read as follows:

      482.36395  No [motor vehicle] manufacturer, distributor, factory branch or representative thereof may:

      1.  Encourage, aid or abet a dealer to sell or lease [motor] vehicles through any false, deceptive or misleading sales or financing practice.

      2.  Refuse to deliver an order of a dealer within 60 days after the order is received in writing unless the inability to deliver the order is caused by shortage or curtailment of material, labor, production capacity, transportation or utility services, or to any labor or production difficulty, or to any cause beyond the reasonable control of the [motor vehicle] manufacturer or distributor.

      3.  Coerce, compel or otherwise require any dealer to pay over or to repay any amount of money or other consideration which is in substantiation of or repayment for any advertising, promotional activity or scheme, or method of implementing the sale or lease of [motor] vehicles.


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ê2003 Statutes of Nevada, 20th Special Session, Page 306 (Chapter 17, SB 9)ê

 

      4.  Demand or require, directly or indirectly, a dealer to pay any amount of money which is projected or proposed for the advertisement, display or promotion of any [motor] vehicle which is being sold or leased pursuant to a franchise, unless the dealer has agreed thereto in writing.

      5.  Demand or require, directly or indirectly, a dealer to comply with standards which exceed commonly accepted business practices within the [automotive] vehicle industry relating to sales, leases or service of [motor] vehicles.

      6.  Based solely upon the results of a survey of a dealer’s customers conducted by or on behalf of a [motor vehicle] manufacturer which is intended or otherwise purports to measure the performance of a dealer:

      (a) Discriminate, directly or indirectly, against a dealer;

      (b) Take any action to terminate a dealer’s franchise; or

      (c) Refuse to consent to the designation of a successor, refuse to honor a right of succession set forth in a franchise or refuse to approve the transfer of a controlling interest in a dealership.

This subsection does not prohibit a [motor vehicle] manufacturer, distributor, factory branch or representative thereof from conducting a contest or other award program to recognize the performance of a dealer based on reasonable criteria relating to sales, leases or service of [motor] vehicles.

      Sec. 22.  NRS 482.36423 is hereby amended to read as follows:

      482.36423  1.  Whenever it appears that a person has violated , [or] is violating or is threatening to violate any provision of NRS 482.36311 to 482.36425, inclusive, and sections 2 and 3 of this act, any person aggrieved thereby may apply to the district court in the county where the defendant resides, or in the county where the violation or threat of violation occurs, for injunctive relief to restrain the person from continuing the violation or threat of violation.

      2.  In addition to any other judicial relief, any dealer or person who assumes the operation of a franchise pursuant to NRS 482.36396 to 482.36414, inclusive, who is injured in his business or property by reason of a violation of NRS 482.36311 to 482.36425, inclusive, and sections 2 and 3 of this act may bring an action in the district court in which the dealership is located, and may recover three times the pecuniary loss sustained by him, and the cost of suit, including a reasonable attorney’s fee. The amount of pecuniary loss sustained by a dealer, pursuant to subsection 6 of NRS 482.3638, is the fair market value of the franchised dealership at the time of notification of termination, refusal to continue or unilateral modification of a franchise.

      3.  Any artificial person created and existing under the laws of any other state, territory, foreign government or the government of the United States, or any person residing outside the State, who grants a franchise to any dealer in this state may be served with any legal process in any action for injunctive relief or civil damages in the following manner:

      (a) By delivering a copy of the process to the Director; and

      (b) By mailing to the last known address of the manufacturer or distributor, by certified mail, return receipt requested, a copy of the summons [,] and a copy of the complaint, together with copies of any petition or order for injunctive relief.

      4.  The defendant has 30 days, exclusive of the day of service, within which to answer or plead.


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ê2003 Statutes of Nevada, 20th Special Session, Page 307 (Chapter 17, SB 9)ê

 

      5.  The method of service provided in this section is cumulative and may be utilized with, after or independently of all other methods of service.

      Sec. 23.  NRS 482.36425 is hereby amended to read as follows:

      482.36425  1.  Any manufacturer or distributor who willfully violates any provision of NRS 482.36311 to 482.36425, inclusive, and sections 2 and 3 of this act is subject to a civil penalty of not less than $50 nor more than $1,000 for each day of violation and for each act of violation. All civil penalties recovered [shall] must be paid to the State of Nevada.

      2.  Whenever it appears that a manufacturer or distributor has violated , [or] is violating or is threatening to violate any provision of NRS 482.36311 to 482.36425, inclusive, and sections 2 and 3 of this act, the Attorney General may institute a civil suit in any district court of this state for injunctive relief to restrain the violation or threat of violation [,] or , if the violation or threat is willful, for the assessment and recovery of the civil penalty, or both.

      Sec. 24.  NRS 482.36331 is hereby repealed.

________

 

CHAPTER 18, SB 10

Senate Bill No. 10–Committee of the Whole

 

CHAPTER 18

 

AN ACT making conditional appropriations to the National Judicial College and the Louis W. McHardy National College of Juvenile and Family Justice; and providing other matters properly relating thereto.

 

[Approved: July 22, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  Notwithstanding the provisions of NRS 353.235:

      (a) Upon receipt of the projections and estimates of the Economic Forum required by paragraph (d) of subsection 1 of NRS 353.228 to be reported on or before December 1, 2004, the Interim Finance Committee shall project:

             (1) The ending balance of the State General Fund for Fiscal Year 2004-2005, using all relevant information known to it; and

             (2) The amount, if any, by which the projection required by subparagraph (1) exceeds the sum of:

                   (I) The amount of the ending balance of the State General Fund for Fiscal Year 2004-2005 as estimated by the Nevada Legislature; and

                   (II) The amount of money necessary to fulfill any contingent appropriation required by the Nevada Legislature to the Fund to Stabilize the Operation of the State Government created by NRS 353.288.

      (b) If the amount projected by the Interim Finance Committee pursuant to subparagraph (2) of paragraph (a) is $350,000 or more, there is hereby contingently appropriated from the State General Fund to:

             (1) The National Judicial College the sum of $225,000 to assist in securing public and private grants and other funding for support; and

             (2) The Louis W. McHardy National College of Juvenile and Family Justice the sum of $125,000 to assist in securing public and private grants and other funding for support.


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ê2003 Statutes of Nevada, 20th Special Session, Page 308 (Chapter 18, SB 10)ê

 

      (c) If the amount projected by the Interim Finance Committee pursuant to subparagraph (2) of paragraph (a) is more than $0 but less than $350,000, there is hereby contingently appropriated from the State General Fund to the National Judicial College and the Louis W. McHardy National College of Juvenile and Family Justice the sum projected by the Interim Finance Committee pursuant to subparagraph (2) of paragraph (a), divided between the National Judicial College and the Louis W. McHardy National College of Juvenile and Family Justice in a manner proportional to the amounts of the contingent appropriations set forth in paragraph (b). The sums appropriated pursuant to this paragraph are for the purposes set forth in paragraph (b).

      2.  Any remaining balance of any contingent appropriation made pursuant to this section must not be committed for expenditure after June 30, 2005, and reverts to the State General Fund as soon as all payments of money committed have been made.

      Sec. 2.  This act becomes effective on July 1, 2004.

________