Link to Page 852

 

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ê2007 Statutes of Nevada, Page 853 (Chapter 246, SB 275)ê

 

      6.  If the requirement for a parcel map is waived, the governing body may specify by local ordinance the type and extent of information or mapping necessary for the division of land.

      7.  Reference to the parcel number and recording data of a recorded parcel map is a complete legal description of the land contained in the parcel.

      Sec. 9.  NRS 278.5693 is hereby amended to read as follows:

      278.5693  1.  For a boundary line to be adjusted or for land to be transferred pursuant to paragraph (c) of subsection [4] 5 of NRS 278.461, a professional land surveyor must have performed a field survey, set monuments and filed a record of survey pursuant to NRS 625.340.

      2.  A record of survey filed pursuant to subsection 1 must contain:

      (a) A certificate by the professional land surveyor who prepared the map stating that:

             (1) He has performed a field survey sufficient to locate and identify properly the proposed boundary line adjustment;

             (2) All corners and angle points of the adjusted boundary line have been defined by monuments or will be otherwise defined on a document of record as required by NRS 625.340; and

             (3) The map is not in conflict with the provisions of NRS 278.010 to 278.630, inclusive.

      (b) A certificate that is executed and acknowledged by each affected owner of the abutting parcels which states that:

             (1) He has examined the plat and approves and authorizes the recordation thereof;

             (2) He agrees to execute the required documents creating any easement which is shown;

             (3) He agrees to execute the required documents abandoning any existing easement pursuant to the provisions of NRS 278.010 to 278.630, inclusive;

             (4) All property taxes on the land for the fiscal year have been paid; and

             (5) Any lender with an impound account for the payment of taxes has been notified of the adjustment of the boundary line or the transfer of the land.

      (c) A certificate by the governing body or its designated representative approving the adjustment of the boundary line.

      Sec. 10.  This act becomes effective on January 1, 2008.

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ê2007 Statutes of Nevada, Page 854ê

 

CHAPTER 247, SB 279

Senate Bill No. 279–Committee on Commerce and Labor

 

CHAPTER 247

 

AN ACT relating to contractors; revising certain duties and powers of the State Contractors’ Board; providing express authority for the Board to collect and maintain data and to conduct investigations; revising the procedures for applying for the issuance or renewal of a contractor’s license; revising the term of a contractor’s license from 1 year to 2 years in certain circumstances; revising certain fees and assessments to reflect such change in the term of a contractor’s license; authorizing the Board to take certain actions against an unlicensed person who violates a provision governing contractors; providing a penalty; and providing other matters properly relating thereto.

 

[Approved: May 31, 2007]

 

Legislative Counsel’s Digest:

      Existing law provides that chapter 624 of NRS, which governs contractors, does not apply, under certain circumstances, to an owner of a complex containing less than five condominiums, townhouses, apartments or cooperative units, the managing officer of the owner or an employee of the managing officer who performs certain maintenance and repairs to the property which are valued at less than $500. (NRS 624.031) Section 1 of this bill expands this exemption to include any maintenance and repairs which are valued at less than $1,000.

      Existing law requires the State Contractors’ Board to establish an Investigations Office that includes a Special Investigations Unit and a Compliance Investigations Unit. (NRS 624.112) Section 2 of this bill eliminates the requirement to include those two specific units within the Investigations Office.

      Existing law authorizes the Board to require criminal investigators who are employed by the Board to locate and identify certain persons who violate a provision of chapter 624 of NRS or any regulations adopted by the Board. (NRS 624.115) Section 3 of this bill authorizes the Board also to require compliance investigators who are employed by the Board to locate and identify such persons.

      Existing law authorizes the Board to undertake all functions and duties related to the administration of chapter 624 of NRS. (NRS 624.160) Section 4 of this bill provides express authority for the Board to collect and maintain data regarding investigations and complaints on contractors and to conduct investigations of contractors.

      Existing law requires an applicant for the issuance or renewal of a contractor’s license to submit a written application to the Board that includes, without limitation, the names and addresses of any owners, partners, officers, directors, members and managerial personnel of the applicant. (NRS 624.250) Section 5 of this bill revises this requirement for applicants that are corporations or limited-liability companies. Section 5 also requires the Board to require an applicant to pay the license fee and any applicable assessments before the Board issues a license to the applicant.

      Existing law requires an applicant for the issuance or renewal of a contractor’s license to submit to the Board proof of industrial insurance and insurance for occupational diseases, proof of self-insurance or a signed affidavit affirming that the applicant is not subject to the statutes governing industrial insurance and occupational insurance because of certain specified circumstances. (NRS 624.256) Section 6 of this bill provides that failure of such an applicant or licensee to file or maintain such insurance constitutes cause for the Board to take certain administrative actions against the person unless the person provides to the Board the affidavit discussed above.

 


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ê2007 Statutes of Nevada, Page 855 (Chapter 247, SB 279)ê

 

      Existing law requires an applicant for a contractor’s license or a licensee to show such a degree of financial responsibility as the Board deems necessary for the safety and protection of the public. (NRS 624.260) Existing law also requires that the financial responsibility be determined by using certain standards and criteria set forth in statute. (NRS 624.263) Section 7 of this bill expands those standards and criteria and authorizes, rather than requires, these standards and criteria to be used in determining the financial responsibility of an applicant or licensee.

      Section 9 of this bill revises the existing fee for a contractor’s license from $450 annually to $900 biennially. (NRS 624.283)

      Section 10 of this bill revises the existing term of a contractor’s license from 1 year to 2 years and authorizes the Board to establish a system of staggered biennial renewals. Section 20 of this bill provides that the provisions of section 10 do not apply to an existing contractor’s license until the first renewal date for the license that occurs after the effective date of this bill.

      Existing law authorizes the Board or its designee to issue administrative citations and to take action against an applicant for a contractor’s license or a licensee who commits an act which constitutes cause for disciplinary action. (NRS 624.341) Section 12 of this bill authorizes the Board or its designee to issue such citations and to take such action against any person who violates a provision of chapter 624 of NRS or any regulations adopted by the Board. Section 12 also specifies that any administrative fine ordered in the citation must not exceed $50,000 under certain circumstances. Further, section 12 provides that it is a misdemeanor for an unlicensed person to fail to comply with such a citation or order issued by the Board pursuant to NRS 624.341. Sections 13, 14 and 15 of this bill similarly amend existing law to reflect the expanded scope of the administrative citations and actions. (NRS 624.345, 624.351, 624.361)

      Section 16 of this bill revises the existing assessments which are required to be paid by each residential contractor on an annual basis by doubling the amounts of the assessments and requiring such assessments to be paid per biennium. (NRS 624.470)

      Existing law authorizes the Board to impose an administrative fine upon an unlicensed person who engages in business as a contractor or submits a bid on a job in this State. (NRS 624.710) Section 17 of this bill further authorizes the Board to impose an administrative fine on a person who violates certain provisions governing advertising concerning contractors or certain provisions governing the ability of licensees to participate in joint ventures or other combinations. (NRS 624.720, 624.740)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 624.031 is hereby amended to read as follows:

      624.031  The provisions of this chapter do not apply to:

      1.  Work performed exclusively by an authorized representative of the United States Government, the State of Nevada, or an incorporated city, county, irrigation district, reclamation district, or other municipal or political corporation or subdivision of this State.

      2.  An officer of a court when acting within the scope of his office.

      3.  Work performed exclusively by a public utility operating pursuant to the regulations of the Public Utilities Commission of Nevada on construction, maintenance and development work incidental to its business.

      4.  An owner of property who is building or improving a residential structure on the property for his own occupancy and not intended for sale or lease. The sale or lease, or the offering for sale or lease, of the newly built structure within 1 year after its completion creates a rebuttable presumption for the purposes of this section that the building of the structure was performed with the intent to sell or lease that structure. An owner of property who requests an exemption pursuant to this subsection must apply to the Board for the exemption.

 


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ê2007 Statutes of Nevada, Page 856 (Chapter 247, SB 279)ê

 

who requests an exemption pursuant to this subsection must apply to the Board for the exemption. The Board shall adopt regulations setting forth the requirements for granting the exemption.

      5.  [An owner of a complex containing not more than four condominiums, townhouses, apartments or cooperative units, the managing officer of the owner or an employee of the managing officer, who performs] Any work to repair or maintain [that] property the value of which is less than [$500,] $1,000, including labor and materials, unless:

      (a) A building permit is required to perform the work;

      (b) The work is of a type performed by a plumbing, electrical, refrigeration, heating or air-conditioning contractor;

      (c) The work is of a type performed by a contractor licensed in a classification prescribed by the Board that significantly affects the health, safety and welfare of members of the general public;

      (d) The work is performed as a part of a larger project:

             (1) The value of which is $500 or more; or

             (2) For which contracts of less than $500 have been awarded to evade the provisions of this chapter; or

      (e) The work is performed by a person who is licensed pursuant to this chapter or by an employee of that person.

      6.  The sale or installation of any finished product, material or article of merchandise which is not fabricated into and does not become a permanent fixed part of the structure.

      7.  The construction, alteration, improvement or repair of personal property.

      8.  The construction, alteration, improvement or repair financed in whole or in part by the Federal Government and conducted within the limits and boundaries of a site or reservation, the title of which rests in the Federal Government.

      9.  An owner of property, the primary use of which is as an agricultural or farming enterprise, building or improving a structure on the property for his use or occupancy and not intended for sale or lease.

      Sec. 2.  NRS 624.112 is hereby amended to read as follows:

      624.112  1.  The Board shall:

      (a) Establish an Investigations Office to enforce the provisions of this chapter. The Investigations Office must [include a Special Investigations Unit consisting] consist of criminal investigators and [a Compliance Investigations Unit consisting of] compliance investigators.

      (b) Adopt regulations setting forth the qualifications required for investigators employed to carry out this section.

      2.  As used in this section, “criminal investigator” means a person authorized to perform the duties set forth in subsection 2 of NRS 624.115.

      Sec. 3.  NRS 624.115 is hereby amended to read as follows:

      624.115  1.  The Board may employ attorneys, investigators and other professional consultants and clerical personnel necessary to the discharge of its duties.

      2.  The Board may require criminal investigators who are employed by the Board pursuant to NRS 624.112 to:

      (a) Conduct a background investigation of:

             (1) A licensee or an applicant for a contractor’s license; or

             (2) An applicant for employment with the Board;

      (b) Locate and identify persons who:

 


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ê2007 Statutes of Nevada, Page 857 (Chapter 247, SB 279)ê

 

             (1) Engage in the business or act in the capacity of a contractor within this State in violation of the provisions of this chapter;

            (2) Submit bids on jobs situated within this State in violation of the provisions of this chapter; or

             (3) Otherwise violate the provisions of this chapter or the regulations adopted pursuant to this chapter;

      (c) Investigate any alleged occurrence of constructional fraud; and

      (d) Issue a misdemeanor citation prepared manually or electronically pursuant to NRS 171.1773 to a person who violates a provision of this chapter that is punishable as a misdemeanor. A criminal investigator may request any constable, sheriff or other peace officer to assist him in the issuance of such a citation.

      3.  The Board may require compliance investigators who are employed by the Board pursuant to NRS 624.112 to locate and identify persons who:

      (a) Engage in the business or act in the capacity of a contractor within this State in violation of the provisions of this chapter;

      (b) Submit bids on jobs situated within this State in violation of the provisions of this chapter; or

      (c) Otherwise violate the provisions of this chapter or the regulations adopted pursuant thereto.

      Sec. 4.  NRS 624.160 is hereby amended to read as follows:

      624.160  1.  The Board is vested with all of the functions and duties relating to the administration of this chapter.

      2.  The Board shall:

      (a) Carry out a program of education for customers of contractors.

      (b) Maintain and make known a telephone number for the public to obtain information about self-protection from fraud in construction and other information concerning contractors and contracting.

      (c) Collect and maintain records, reports and compilations of statistical data concerning investigations and complaints.

      3.  The Board may provide advisory opinions and take other actions that are necessary for the effective administration of this chapter and the regulations of the Board.

      4.  The Board may, on its own motion, and shall, upon receipt of a written complaint or upon receipt of information from a governmental agency, investigate the actions of any person acting in the capacity of a contractor, with or without a license.

      Sec. 5.  NRS 624.250 is hereby amended to read as follows:

      624.250  1.  To obtain or renew a license, an applicant must submit to the Board an application in writing containing:

      (a) The statement that the applicant desires the issuance of a license under the terms of this chapter.

      (b) The street address or other physical location of the applicant’s place of business.

      (c) The name of a person physically located in this State for service of process on the applicant.

      (d) The street address or other physical location in this State and, if different, the mailing address, for service of process on the applicant.

      (e) [The] Except as otherwise provided in paragraphs (f) or (g), the names and physical and mailing addresses of any owners, partners, officers, directors, members and managerial personnel of the applicant.

 


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ê2007 Statutes of Nevada, Page 858 (Chapter 247, SB 279)ê

 

      (f) If the applicant is a corporation, the names and physical and mailing addresses of the president, secretary, treasurer, any officers responsible for contracting activities in this State, any officers responsible for renewing the license of the applicant, any persons used by the applicant to qualify pursuant to NRS 624.260 and any other persons required by the Board.

      (g) If the applicant is a limited-liability company, the names and physical and mailing addresses of any managers or members with managing authority, any managers or members responsible for contracting activities in this State, any managers or members responsible for renewing the license of the applicant, any persons used by the applicant to qualify pursuant to NRS 624.260 and any other persons required by the Board.

      (h) Any information requested by the Board to ascertain the background, financial responsibility, experience, knowledge and qualifications of the applicant.

      [(g)] (i) All information required to complete the application.

      2.  The application must be:

      (a) Made on a form prescribed by the Board in accordance with the rules and regulations adopted by the Board.

      (b) Accompanied by the application fee fixed by this chapter.

      3.  The Board shall include on an application form for the issuance or renewal of a license, a method for allowing an applicant to make a monetary contribution to the Construction Education Account created pursuant to NRS 624.580. The application form must state in a clear and conspicuous manner that a contribution to the Construction Education Account is voluntary and is in addition to any fees required for licensure. If the Board receives a contribution from an applicant, the Board shall deposit the contribution with the State Treasurer for credit to the Construction Education Account.

      4.  Before issuing a license to any applicant, the Board shall require the applicant to pay the license fee fixed by this chapter and, if applicable, any assessment required pursuant to NRS 624.470.

      Sec. 6.  NRS 624.256 is hereby amended to read as follows:

      624.256  1.  Before granting an original or renewal of a contractor’s license to any applicant, the Board shall require that the applicant submit to the Board:

      (a) Proof of industrial insurance and insurance for occupational diseases which covers his employees;

      (b) A copy of his certificate of qualification as a self-insured employer which was issued by the Commissioner of Insurance;

      (c) If the applicant is a member of an association of self-insured public or private employers, a copy of the certificate issued to the association by the Commissioner of Insurance; or

      (d) An affidavit signed by the applicant affirming that he is not subject to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS because:

             (1) He has no employees;

             (2) He is not or does not intend to be a subcontractor for a principal contractor; and

             (3) He has not or does not intend to submit a bid on a job for a principal contractor or subcontractor.

      2.  The Board shall notify the Fraud Control Unit for Industrial Insurance established pursuant to NRS 228.420 whenever the Board learns that an applicant or holder of a contractor’s license has engaged in business as or acted in the capacity of a contractor within this State without having obtained industrial insurance or insurance for occupational diseases in violation of the provisions of chapters 616A to 617, inclusive, of NRS.

 


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ê2007 Statutes of Nevada, Page 859 (Chapter 247, SB 279)ê

 

that an applicant or holder of a contractor’s license has engaged in business as or acted in the capacity of a contractor within this State without having obtained industrial insurance or insurance for occupational diseases in violation of the provisions of chapters 616A to 617, inclusive, of NRS.

      3.  Failure by an applicant or holder of a contractor’s license to file or maintain in full force the required industrial insurance and insurance for occupational diseases constitutes cause for the Board to deny, revoke, suspend, refuse to renew or otherwise discipline the person, unless the person has complied with the provisions set forth in paragraph (d) of subsection 1.

      Sec. 7.  NRS 624.263 is hereby amended to read as follows:

      624.263  1.  The financial responsibility of a licensee or an applicant for a contractor’s license must be established independently of and without reliance on any assets or guarantees of any owners or managing officers of the licensee or applicant, but the financial responsibility of any owners or managing officers of the licensee or applicant may be inquired into and considered as a criterion in determining the financial responsibility of the licensee or applicant.

      2.  The financial responsibility of an applicant for a contractor’s license or of a licensed contractor [must] may be determined by using the following standards and criteria in connection with each applicant or contractor and each associate or partner thereof:

      (a) [Net] Amount of net worth.

      (b) Amount of liquid assets.

      (c) Amount of current assets.

      (d) Amount of current liabilities.

      (e) Amount of working capital.

      (f) Ratio of current assets to current liabilities.

      (g) Fulfillment of bonding requirements pursuant to NRS 624.270.

      (h) Prior payment and credit records.

      [(d)] (i) Previous business experience.

      [(e)] (j) Prior and pending lawsuits.

      [(f)] (k) Prior and pending liens.

      [(g)] (l) Adverse judgments.

      [(h)] (m) Conviction of a felony or crime involving moral turpitude.

      [(i)] (n) Prior suspension or revocation of a contractor’s license in Nevada or elsewhere.

      [(j)] (o) An adjudication of bankruptcy or any other proceeding under the federal bankruptcy laws, including:

             (1) A composition, arrangement or reorganization proceeding;

             (2) The appointment of a receiver of the property of the applicant or contractor or any officer, director, associate or partner thereof under the laws of this State or the United States; or

             (3) The making of an assignment for the benefit of creditors.

      [(k)] (p) Form of business organization, corporate or otherwise.

      [(l)] (q) Information obtained from confidential financial references and credit reports.

      [(m)] (r) Reputation for honesty and integrity of the applicant or contractor or any officer, director, associate or partner thereof.

      3.  A licensed contractor shall, as soon as it is reasonably practicable, notify the Board in writing upon the filing of a petition or application relating to the contractor that initiates any proceeding, appointment or assignment set forth in paragraph [(j)] (o) of subsection 2.

 


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ê2007 Statutes of Nevada, Page 860 (Chapter 247, SB 279)ê

 

to the contractor that initiates any proceeding, appointment or assignment set forth in paragraph [(j)] (o) of subsection 2. The written notice must be accompanied by:

      (a) A copy of the petition or application filed with the court; and

      (b) A copy of any order of the court which is relevant to the financial responsibility of the contractor, including any order appointing a trustee, receiver or assignee.

      4.  Before issuing a license to an applicant who will engage in residential construction or renewing the license of a contractor who engages in residential construction, the Board may require the applicant or licensee to establish his financial responsibility by submitting to the Board:

      (a) A financial statement that is:

             (1) Prepared by a certified public accountant; or

             (2) Submitted on a form or in a format prescribed by the Board together with an affidavit which verifies the accuracy of the financial statement; and

      (b) A statement setting forth the number of building permits issued to and construction projects completed by the licensee during the immediately preceding year and any other information required by the Board. The statement submitted pursuant to this paragraph must be provided on a form approved by the Board.

      5.  In addition to the requirements set forth in subsection 4, the Board may require a licensee to establish his financial responsibility at any time.

      6.  An applicant for an initial contractor’s license or a licensee applying for the renewal of a contractor’s license has the burden of demonstrating his financial responsibility to the Board, if the Board requests him to do so.

      Sec. 8.  (Deleted by amendment.)

      Sec. 9.  NRS 624.280 is hereby amended to read as follows:

      624.280  The Board may adopt regulations fixing the fee for an application, the fee for an examination and the [annual] fee for a license to be paid by applicants and licensees. Except as otherwise provided in NRS 624.281, the fee for:

      1.  An application must not exceed $550.

      2.  A license must not exceed [$450 annually.] $900 biennially.

      3.  An examination must not exceed $300.

      Sec. 10.  NRS 624.283 is hereby amended to read as follows:

      624.283  1.  Each license issued under the provisions of this chapter expires [1 year] 2 years after the date on which it is issued, except that the Board may by regulation prescribe shorter or longer periods and prorated fees to establish a system of staggered biennial renewals. Any license which is not renewed on or before the date for renewal is automatically suspended.

      2.  A license may be renewed by submitting to the Board:

      (a) An application for renewal;

      (b) The fee for renewal fixed by the Board;

      (c) Any assessment required pursuant to NRS 624.470 if the holder of the license is a residential contractor as defined in NRS 624.450; and

      (d) All information required to complete the renewal.

      3.  The Board may require a licensee to demonstrate his financial responsibility at any time through the submission of:

 


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ê2007 Statutes of Nevada, Page 861 (Chapter 247, SB 279)ê

 

      (a) A financial statement that is:

             (1) Prepared by an independent certified public accountant; or

             (2) Submitted on a form or in a format prescribed by the Board together with an affidavit which verifies the accuracy of the financial statement; and

      (b) If the licensee performs residential construction, such additional documentation as the Board deems appropriate.

      4.  If a license is automatically suspended pursuant to subsection 1, the licensee may have his license reinstated upon filing an application for renewal within 6 months after the date of suspension and paying, in addition to the fee for renewal, a fee for reinstatement fixed by the Board, if he is otherwise in good standing and there are no complaints pending against him. If he is otherwise not in good standing or there is a complaint pending, the Board shall require him to provide a current financial statement prepared by an independent certified public accountant or establish other conditions for reinstatement. An application for renewal must be accompanied by all information required to complete the renewal. A license which is not reinstated within 6 months after it is automatically suspended may be cancelled by the Board, and a new license may be issued only upon application for an original contractor’s license.

      Sec. 11.  (Deleted by amendment.)

      Sec. 11.5.  NRS 624.327 is hereby amended to read as follows:

      624.327  1.  Except as otherwise provided in this section, the existence of and the personally identifying information in a complaint filed with the Board, all documents and other information filed with the complaint and all documents and other information compiled as a result of the investigation conducted to determine whether to initiate disciplinary action are confidential.

      2.  The complaint or other document filed by the Board to initiate disciplinary action and all documents and information considered by the Board when determining whether to impose discipline are public records.

      Sec. 11.7.  NRS 624.331 is hereby amended to read as follows:

      624.331  1.  A complaint against a licensee for the commission of any act or omission that constitutes cause for disciplinary action pursuant to NRS 624.300 must be filed in writing with the Board within 4 years after the act or omission.

      2.  The Board shall, within 2 years after the date on which the complaint is filed, initiate disciplinary action against the licensee or dismiss the complaint.

      Sec. 12.  NRS 624.341 is hereby amended to read as follows:

      624.341  1.  If the Board or its designee, based upon a preponderance of the evidence, has reason to believe that a [licensee or applicant for a contractor’s license] person has committed an act which constitutes a [cause for disciplinary action pursuant to NRS 624.300,] violation of this chapter or the regulations of the Board, the Board or its designee, as appropriate, may issue or authorize the issuance of a written administrative citation to the [licensee or applicant.] person. A citation issued pursuant to this section may include, without limitation:

      (a) An order to take action to correct a condition resulting from an act that constitutes a [cause for disciplinary action, at the licensee’s or applicant’s cost;] violation of this chapter or the regulations of the Board, at the person’s cost;

 


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ê2007 Statutes of Nevada, Page 862 (Chapter 247, SB 279)ê

 

      (b) An order to pay an administrative fine [;] not to exceed $50,000, except as otherwise provided in subsection 1 of NRS 624.300; and

      (c) An order to reimburse the Board for the amount of the expenses incurred to investigate the complaint.

      2.  If a written citation issued pursuant to subsection 1 includes an order to take action to correct a condition resulting from an act that constitutes a [cause for disciplinary action,] violation of this chapter or the regulations of the Board, the citation must state the time permitted for compliance, which must be not less than 15 business days after the date the [licensee or applicant] person receives the citation, and specifically describe the action required to be taken.

      3.  The sanctions authorized by subsection 1 are separate from, and in addition to, any other remedy, civil or criminal, authorized by this chapter.

      4.  The failure of an unlicensed person to comply with a citation or order after it is final is a misdemeanor. If an unlicensed person does not pay an administrative fine imposed pursuant to this section within 60 days after the order of the Board becomes final, the order may be executed upon in the same manner as a judgment issued by a court.

      Sec. 13.  NRS 624.345 is hereby amended to read as follows:

      624.345  1.  A [licensee or applicant for a contractor’s license] person who is issued a written citation pursuant to NRS 624.341 may contest the citation within 15 business days after the date on which the citation is served on the [licensee or applicant.] person.

      2.  A [licensee or applicant for a contractor’s license] person may contest, without limitation:

      (a) The facts forming the basis for the determination that the [licensee or applicant] person has committed an act which constitutes a [cause for disciplinary action;] violation of this chapter or the regulations of the Board;

      (b) The time allowed to take any corrective action ordered;

      (c) The amount of any administrative fine ordered;

      (d) The amount of any order to reimburse the Board for the expenses incurred to investigate the [licensee or applicant;] person; and

      (e) Whether any corrective action described in the citation is reasonable.

      3.  If a [licensee or applicant for a contractor’s license] person does not contest a citation issued pursuant to NRS 624.341 within 15 business days after the date on which the citation is served on the [licensee or applicant,] person, or on or before such later date as specified by the Board pursuant to subsection 4, the citation shall be deemed a final order of the Board and not subject to review by any court or agency.

      4.  The Board may, for good cause shown, extend the time to contest a citation issued pursuant to NRS 624.341.

      5.  For the purposes of this section, a citation shall be deemed to have been served on a [licensee or an applicant] person on:

      (a) The date on which the citation is personally delivered to the [licensee or applicant;] person; or

      (b) If the citation is mailed, the date on which the citation is mailed by certified mail to the last known business or residential address of the [licensee or applicant.] person.

      Sec. 14.  NRS 624.351 is hereby amended to read as follows:

      624.351  If a [licensee or applicant for a contractor’s license] person contests a citation issued pursuant to NRS 624.341 or order to correct a violation of the provisions of this chapter within 15 business days after he receives the citation or order, or on or before such later date as specified by the Board pursuant to subsection 4 of NRS 624.345, the Board shall hold a hearing pursuant to NRS 624.291.

 


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violation of the provisions of this chapter within 15 business days after he receives the citation or order, or on or before such later date as specified by the Board pursuant to subsection 4 of NRS 624.345, the Board shall hold a hearing pursuant to NRS 624.291.

      Sec. 15.  NRS 624.361 is hereby amended to read as follows:

      624.361  The Board shall adopt regulations concerning the:

      1.  Form of a written citation issued pursuant to NRS 624.341;

      2.  Time required for a [licensee or applicant for a license] person to correct a condition resulting from an act that constitutes a [cause for disciplinary action] violation of this chapter or the regulations of the Board if he is so ordered pursuant to NRS 624.341; and

      3.  Imposition of an administrative fine pursuant to the provisions of this chapter. The Board [must] shall consider:

      (a) The gravity of the violation;

      (b) The good faith of the [licensee;] person; and

      (c) Any history of previous violations of the provisions of this chapter by the [licensee.] person.

      Sec. 16.  NRS 624.470 is hereby amended to read as follows:

      624.470  1.  Except as otherwise provided in subsection 3, in addition to the [annual] fee for a license required pursuant to NRS 624.280, a residential contractor shall pay to the Board an [annual] assessment not to exceed the following amount, if the monetary limit on his license is:

 

Not more than $1,000,000................................................................................................... [$100] $200 per biennium

More than $1,000,000 but limited.......................................................................................... [250] 500 per biennium

Unlimited.................................................................................................................................. [500] 1,000 per biennium

 

      2.  The Board shall administer and account separately for the money received from the [annual] assessments collected pursuant to subsection 1. The Board may refer to the money in the account as the “Recovery Fund.”

      3.  The Board shall reduce the amount of the assessments collected pursuant to subsection 1 when the balance in the account reaches 150 percent of the largest balance in the account during the previous fiscal year.

      4.  Except as otherwise provided in NRS 624.540, the money in the account must be used to pay claims made by owners who are damaged by the failure of a residential contractor to perform qualified services adequately, as provided in NRS 624.400 to 624.560, inclusive.

      Sec. 17.  NRS 624.710 is hereby amended to read as follows:

      624.710  1.  If any person violates the provisions of subsection 1 of NRS 624.700, subsections 1, 2 or 3 of NRS 624.720 or NRS 624.740, the Board may impose for each violation an administrative fine in an amount that is not less than $1,000 and not more than $50,000.

      2.  The Board shall, by regulation, establish standards for use by the Board in determining the amount of an administrative fine imposed pursuant to this section. The standards must include, without limitation, provisions requiring the Board to consider:

      (a) The gravity of the violation;

      (b) The good faith of the person; and

      (c) Any history of previous violations of the provisions of this chapter or the regulations of the Board committed by the person.

      3.  An administrative fine imposed pursuant to this section is in addition to any other penalty imposed pursuant to this chapter.

 


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ê2007 Statutes of Nevada, Page 864 (Chapter 247, SB 279)ê

 

      4.  If the administrative fine and any interest imposed pursuant to NRS 624.300 is not paid when due, the fine and interest, if any, must be recovered in a civil action brought by the Attorney General on behalf of the Board.

      5.  All administrative fines and interest collected pursuant to this section must be deposited with the State Treasurer for credit to the Construction Education Account created pursuant to NRS 624.580.

      Sec. 18.  NRS 338.1389 is hereby amended to read as follows:

      338.1389  1.  Except as otherwise provided in subsection 10 and NRS 338.1385, 338.1386 and 338.13864, a public body or its authorized representative shall award a contract for a public work for which the estimated cost exceeds $250,000 to the contractor who submits the best bid.

      2.  Except as otherwise provided in subsection 10 or limited by subsection 11, the lowest bid that is:

      (a) Submitted by a responsive and responsible contractor who:

             (1) Has been determined by the public body to be a qualified bidder pursuant to NRS 338.1379 or 338.1382; and

             (2) At the time he submits his bid, has a valid certificate of eligibility to receive a preference in bidding on public works issued to the contractor by the State Contractors’ Board pursuant to subsection 3 or 4; and

      (b) Not more than 5 percent higher than the bid submitted by the lowest responsive and responsible bidder who does not have, at the time he submits his bid, a valid certificate of eligibility to receive a preference in bidding on public works issued to him by the State Contractors’ Board pursuant to subsection 3 or 4,

Ê shall be deemed to be the best bid for the purposes of this section.

      3.  The State Contractors’ Board shall issue a certificate of eligibility to receive a preference in bidding on public works to a general contractor who is licensed pursuant to the provisions of chapter 624 of NRS and submits to the Board an affidavit from a certified public accountant setting forth that the general contractor has, while licensed as a general contractor in this State:

      (a) Paid directly, on his own behalf:

             (1) The sales and use taxes imposed pursuant to chapters 372, 374 and 377 of NRS on materials used for construction in this State, including, without limitation, construction that is undertaken or carried out on land within the boundaries of this State that is managed by the Federal Government or is on an Indian reservation or Indian colony, of not less than $5,000 for each consecutive 12-month period for 60 months immediately preceding the submission of the affidavit from the certified public accountant;

             (2) The governmental services tax imposed pursuant to chapter 371 of NRS on the vehicles used in the operation of his business in this State of not less than $5,000 for each consecutive 12-month period for 60 months immediately preceding the submission of the affidavit from the certified public accountant; or

             (3) Any combination of such sales and use taxes and governmental services tax; or

      (b) Acquired, by purchase, inheritance, gift or transfer through a stock option plan, all the assets and liabilities of a viable, operating construction firm that possesses a:

             (1) License as a general contractor pursuant to the provisions of chapter 624 of NRS; and

 


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ê2007 Statutes of Nevada, Page 865 (Chapter 247, SB 279)ê

 

             (2) Certificate of eligibility to receive a preference in bidding on public works.

      4.  The State Contractors’ Board shall issue a certificate of eligibility to receive a preference in bidding on public works to a specialty contractor who is licensed pursuant to the provisions of chapter 624 of NRS and submits to the Board an affidavit from a certified public accountant setting forth that the specialty contractor has, while licensed as a specialty contractor in this State:

      (a) Paid directly, on his own behalf:

             (1) The sales and use taxes pursuant to chapters 372, 374 and 377 of NRS on materials used for construction in this State, including, without limitation, construction that is undertaken or carried out on land within the boundaries of this State that is managed by the Federal Government or is on an Indian reservation or Indian colony, of not less than $5,000 for each consecutive 12-month period for 60 months immediately preceding the submission of the affidavit from the certified public accountant;

             (2) The governmental services tax imposed pursuant to chapter 371 of NRS on the vehicles used in the operation of his business in this State of not less than $5,000 for each consecutive 12-month period for 60 months immediately preceding the submission of the affidavit from the certified public accountant; or

             (3) Any combination of such sales and use taxes and governmental services tax; or

      (b) Acquired, by purchase, inheritance, gift or transfer through a stock option plan, all the assets and liabilities of a viable, operating construction firm that possesses a:

             (1) License as a specialty contractor pursuant to the provisions of chapter 624 of NRS; and

             (2) Certificate of eligibility to receive a preference in bidding on public works.

      5.  For the purposes of complying with the requirements set forth in paragraph (a) of subsection 3 and paragraph (a) of subsection 4, a contractor shall be deemed to have paid:

      (a) Sales and use taxes and governmental services taxes that were paid in this State by an affiliate or parent company of the contractor, if the affiliate or parent company is also a general contractor or specialty contractor, as applicable; and

      (b) Sales and use taxes that were paid in this State by a joint venture in which the contractor is a participant, in proportion to the amount of interest the contractor has in the joint venture.

      6.  A contractor who has received a certificate of eligibility to receive a preference in bidding on public works from the State Contractors’ Board pursuant to subsection 3 or 4 shall, at the time for the [annual] renewal of his contractor’s license pursuant to NRS 624.283, submit to the Board an affidavit from a certified public accountant setting forth that the contractor has, during the immediately preceding 12 months, paid the taxes required pursuant to paragraph (a) of subsection 3 or paragraph (a) of subsection 4, as applicable, to maintain his eligibility to hold such a certificate.

      7.  A contractor who fails to submit an affidavit to the Board pursuant to subsection 6 ceases to be eligible to receive a preference in bidding on public works unless he reapplies for and receives a certificate of eligibility pursuant to subsection 3 or 4, as applicable.

 


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ê2007 Statutes of Nevada, Page 866 (Chapter 247, SB 279)ê

 

      8.  If a contractor holds more than one contractor’s license, he must submit a separate application for each license pursuant to which he wishes to qualify for a preference in bidding. Upon issuance, the certificate of eligibility to receive a preference in bidding on public works becomes part of the contractor’s license for which the contractor submitted the application.

      9.  If a contractor who applies to the State Contractors’ Board for a certificate of eligibility to receive a preference in bidding on public works submits false information to the Board regarding the required payment of taxes, the contractor is not eligible to receive a preference in bidding on public works for a period of 5 years after the date on which the Board becomes aware of the submission of the false information.

      10.  If any federal statute or regulation precludes the granting of federal assistance or reduces the amount of that assistance for a particular public work because of the provisions of subsection 2, those provisions do not apply insofar as their application would preclude or reduce federal assistance for that work.

      11.  If a bid is submitted by two or more contractors as a joint venture or by one of them as a joint venturer, the bid may be deemed the best bid only if both or all of the joint venturers separately meet the requirements of subsection 2.

      12.  The State Contractors’ Board shall adopt regulations and may assess reasonable fees relating to the certification of contractors for a preference in bidding on public works.

      13.  A person or entity who believes that a contractor wrongfully holds a certificate of eligibility to receive a preference in bidding on public works may challenge the validity of the certificate by filing a written objection with the public body to which the contractor has submitted a bid on a contract for the construction of a public work. A written objection authorized pursuant to this subsection must:

      (a) Set forth proof or substantiating evidence to support the belief of the person or entity that the contractor wrongfully holds a certificate of eligibility to receive a preference in bidding on public works; and

      (b) Be filed with the public body not later than 3 business days after the opening of the bids by the public body or its authorized representative.

      14.  If a public body receives a written objection pursuant to subsection 13, the public body shall determine whether the objection is accompanied by the proof or substantiating evidence required pursuant to paragraph (a) of that subsection. If the public body determines that the objection is not accompanied by the required proof or substantiating evidence, the public body shall dismiss the objection and the public body or its authorized representative may proceed immediately to award the contract. If the public body determines that the objection is accompanied by the required proof or substantiating evidence, the public body shall determine whether the contractor qualifies for the certificate pursuant to the provisions of this section and the public body or its authorized representative may proceed to award the contract accordingly.

      Sec. 19.  NRS 338.147 is hereby amended to read as follows:

      338.147  1.  Except as otherwise provided in subsection 10 and NRS 338.143, 338.1442 and 338.1446, a local government or its authorized representative shall award a contract for a public work for which the estimated cost exceeds $250,000 to the contractor who submits the best bid.

 


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ê2007 Statutes of Nevada, Page 867 (Chapter 247, SB 279)ê

 

      2.  Except as otherwise provided in subsection 10 or limited by subsection 11, the lowest bid that is:

      (a) Submitted by a contractor who:

             (1) Has been found to be a responsible and responsive contractor by the local government or its authorized representative; and

             (2) At the time he submits his bid, has a valid certificate of eligibility to receive a preference in bidding on public works issued to the contractor by the State Contractors’ Board pursuant to subsection 3 or 4; and

      (b) Not more than 5 percent higher than the bid submitted by the lowest responsive and responsible bidder who does not have, at the time he submits the bid, a valid certificate of eligibility to receive a preference in bidding on public works issued to him by the State Contractors’ Board pursuant to subsection 3 or 4,

Ê shall be deemed to be the best bid for the purposes of this section.

      3.  The State Contractors’ Board shall issue a certificate of eligibility to receive a preference in bidding on public works to a general contractor who is licensed pursuant to the provisions of chapter 624 of NRS and submits to the Board an affidavit from a certified public accountant setting forth that the general contractor has, while licensed as a general contractor in this State:

      (a) Paid directly, on his own behalf:

             (1) The sales and use taxes imposed pursuant to chapters 372, 374 and 377 of NRS on materials used for construction in this State, including, without limitation, construction that is undertaken or carried out on land within the boundaries of this State that is managed by the Federal Government or is on an Indian reservation or Indian colony, of not less than $5,000 for each consecutive 12-month period for 60 months immediately preceding the submission of the affidavit from the certified public accountant;

             (2) The governmental services tax imposed pursuant to chapter 371 of NRS on the vehicles used in the operation of his business in this State of not less than $5,000 for each consecutive 12-month period for 60 months immediately preceding the submission of the affidavit from the certified public accountant; or

             (3) Any combination of such sales and use taxes and governmental services tax; or

      (b) Acquired, by purchase, inheritance, gift or transfer through a stock option plan, all the assets and liabilities of a viable, operating construction firm that possesses a:

             (1) License as a general contractor pursuant to the provisions of chapter 624 of NRS; and

             (2) Certificate of eligibility to receive a preference in bidding on public works.

      4.  The State Contractors’ Board shall issue a certificate of eligibility to receive a preference in bidding on public works to a specialty contractor who is licensed pursuant to the provisions of chapter 624 of NRS and submits to the Board an affidavit from a certified public accountant setting forth that the specialty contractor has, while licensed as a specialty contractor in this State:

      (a) Paid directly, on his own behalf:

             (1) The sales and use taxes pursuant to chapters 372, 374 and 377 of NRS on materials used for construction in this State, including, without limitation, construction that is undertaken or carried out on land within the boundaries of this State that is managed by the Federal Government or is on an Indian reservation or Indian colony, of not less than $5,000 for each consecutive 12-month period for 60 months immediately preceding the submission of the affidavit from the certified public accountant;

 


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ê2007 Statutes of Nevada, Page 868 (Chapter 247, SB 279)ê

 

an Indian reservation or Indian colony, of not less than $5,000 for each consecutive 12-month period for 60 months immediately preceding the submission of the affidavit from the certified public accountant;

             (2) The governmental services tax imposed pursuant to chapter 371 of NRS on the vehicles used in the operation of his business in this State of not less than $5,000 for each consecutive 12-month period for 60 months immediately preceding the submission of the affidavit from the certified public accountant; or

             (3) Any combination of such sales and use taxes and governmental services tax; or

      (b) Acquired, by purchase, inheritance, gift or transfer through a stock option plan, all the assets and liabilities of a viable, operating construction firm that possesses a:

             (1) License as a specialty contractor pursuant to the provisions of chapter 624 of NRS; and

             (2) Certificate of eligibility to receive a preference in bidding on public works.

      5.  For the purposes of complying with the requirements set forth in paragraph (a) of subsection 3 and paragraph (a) of subsection 4, a contractor shall be deemed to have paid:

      (a) Sales and use taxes and governmental services taxes paid in this State by an affiliate or parent company of the contractor, if the affiliate or parent company is also a general contractor or specialty contractor, as applicable; and

      (b) Sales and use taxes paid in this State by a joint venture in which the contractor is a participant, in proportion to the amount of interest the contractor has in the joint venture.

      6.  A contractor who has received a certificate of eligibility to receive a preference in bidding on public works from the State Contractors’ Board pursuant to subsection 3 or 4 shall, at the time for the [annual] renewal of his contractor’s license pursuant to NRS 624.283, submit to the Board an affidavit from a certified public accountant setting forth that the contractor has, during the immediately preceding 12 months, paid the taxes required pursuant to paragraph (a) of subsection 3 or paragraph (a) of subsection 4, as applicable, to maintain his eligibility to hold such a certificate.

      7.  A contractor who fails to submit an affidavit to the Board pursuant to subsection 6 ceases to be eligible to receive a preference in bidding on public works unless he reapplies for and receives a certificate of eligibility pursuant to subsection 3 or 4, as applicable.

      8.  If a contractor holds more than one contractor’s license, he must submit a separate application for each license pursuant to which he wishes to qualify for a preference in bidding. Upon issuance, the certificate of eligibility to receive a preference in bidding on public works becomes part of the contractor’s license for which the contractor submitted the application.

      9.  If a contractor who applies to the State Contractors’ Board for a certificate of eligibility to receive a preference in bidding on public works submits false information to the Board regarding the required payment of taxes, the contractor is not eligible to receive a preference in bidding on public works for a period of 5 years after the date on which the Board becomes aware of the submission of the false information.

      10.  If any federal statute or regulation precludes the granting of federal assistance or reduces the amount of that assistance for a particular public work because of the provisions of subsection 2, those provisions do not apply insofar as their application would preclude or reduce federal assistance for that work.

 


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ê2007 Statutes of Nevada, Page 869 (Chapter 247, SB 279)ê

 

work because of the provisions of subsection 2, those provisions do not apply insofar as their application would preclude or reduce federal assistance for that work.

      11.  If a bid is submitted by two or more contractors as a joint venture or by one of them as a joint venturer, the bid may be deemed a best bid only if both or all of the joint venturers separately meet the requirements of subsection 2.

      12.  The State Contractors’ Board shall adopt regulations and may assess reasonable fees relating to the certification of contractors for a preference in bidding on public works.

      13.  A person or entity who believes that a contractor wrongfully holds a certificate of eligibility to receive a preference in bidding on public works may challenge the validity of the certificate by filing a written objection with the local government to which the contractor has submitted a bid on a contract for the construction of a public work. A written objection authorized pursuant to this subsection must:

      (a) Set forth proof or substantiating evidence to support the belief of the person or entity that the contractor wrongfully holds a certificate of eligibility to receive a preference in bidding on public works; and

      (b) Be filed with the local government not later than 3 business days after the opening of the bids by the local government or its authorized representative.

      14.  If a local government receives a written objection pursuant to subsection 13, the local government shall determine whether the objection is accompanied by the proof or substantiating evidence required pursuant to paragraph (a) of that subsection. If the local government determines that the objection is not accompanied by the required proof or substantiating evidence, the local government shall dismiss the objection and the local government or its authorized representative may proceed immediately to award the contract. If the local government determines that the objection is accompanied by the required proof or substantiating evidence, the local government shall determine whether the contractor qualifies for the certificate pursuant to the provisions of this section and the local government or its authorized representative may proceed to award the contract accordingly.

      Sec. 20.  The amendatory provisions of section 10 of this act do not apply to a license issued pursuant to chapter 624 of NRS before the effective date of this act until the first renewal date for the license after the effective date of this act.

      Sec. 21.  This act becomes effective upon passage and approval.

________

 


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ê2007 Statutes of Nevada, Page 870ê

 

CHAPTER 248, SB 367

Senate Bill No. 367–Senator Wiener

 

CHAPTER 248

 

AN ACT relating to administrative regulations; requiring the Legislative Commission and the subcommittee to review regulations to provide certain notice before holding meetings to review regulations; requiring the notice of intent to act upon a permanent regulation to include a statement explaining how to obtain the approved or revised text of the regulation that is prepared by the Legislative Counsel; prohibiting an agency from holding a public hearing on a proposed regulation on the same day that the agency holds the workshop; revising the procedure for the review of temporary regulations; making various additional changes relating to administrative regulations; and providing other matters properly relating thereto.

 

[Approved: May 31, 2007]

 

Legislative Counsel’s Digest:

      Existing law prescribes a procedure for the review of adopted regulations and certain temporary regulations by the Legislative Commission or the subcommittee to review regulations for conformity with statutory authority and legislative intent. (NRS 233B.0633, 233B.067, 233B.0675) Section 1 of this bill requires the Legislative Commission or the subcommittee to review regulations, as applicable, to give written notice of at least 3 working days before holding a meeting to review regulations. The notice must include a list of the regulations that will be reviewed and an explanation of how a person may obtain a copy of such a regulation. Section 1 also requires the Legislative Counsel Bureau to post on its website a list of the regulations that will be reviewed at the meeting. Section 7 of this bill revises the procedure for review of temporary regulations so that it is identical to the procedure for review prescribed for adopted regulations. (NRS 233B.0633) Sections 10 and 11 of this bill also revise the circumstances under which the Legislative Counsel is required to provide a statement of the reasons for an objection to a regulation. (NRS 233B.067, 233B.0675) Section 9 of this bill removes a provision that conflicts with the procedure for reviewing regulations. (NRS 233B.0665)

      Existing law requires an agency to give notice of intent to act upon a permanent regulation at least 30 days before its intended action and prescribes the contents of the notice. (NRS 233B.060, 233B.0603) Section 3 of this bill requires that the notice of intent include a statement explaining how to obtain the text of the regulation as prepared by the Legislative Counsel. In addition, section 6 of this bill revises the deadline by which an agency is required to deliver a copy of the proposed regulation or amendment to the Legislative Counsel for approval or revision of the text from the same time at which it gives notice of its intent to adopt, amend or repeal the regulation to at least 30 days before the agency wishes to give such notice. (NRS 233B.063)

      Section 5 of this bill prohibits an agency from holding a public hearing on a proposed regulation on the same day that it holds the workshop for that regulation. (NRS 233B.061)

 


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ê2007 Statutes of Nevada, Page 871 (Chapter 248, SB 367)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 233B of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Before holding a meeting to review temporary regulations pursuant to NRS 233B.0633 or adopted regulations pursuant to NRS 233B.067 or 233B.0675, the Legislative Commission or the subcommittee to review regulations appointed pursuant to subsection 6 of NRS 233B.067, as applicable, shall provide written notice of the meeting at least 3 working days before the meeting. The notice must include, without limitation:

      (a) A list of the regulations that the Legislative Commission or the subcommittee to review regulations will review at the meeting; and

      (b) An explanation of the manner in which a person may obtain a copy of a regulation that the Legislative Commission or subcommittee to review regulations will review at the meeting.

      2.  If the Legislative Counsel Bureau maintains a website on the Internet or its successor, the Legislative Counsel Bureau shall, at least 3 working days before the Legislative Commission or the subcommittee to review regulations holds a meeting to review temporary regulations pursuant to NRS 233B.0633 or adopted regulations pursuant to NRS 233B.067 or 233B.0675, post on its website a list of the regulations that the Legislative Commission or the subcommittee to review regulations will review at the meeting, unless the Legislative Counsel Bureau is unable to do so because of technical problems relating to the operation or maintenance of its website.

      Sec. 2.  NRS 233B.060 is hereby amended to read as follows:

      233B.060  1.  Except as otherwise provided in subsection 2 and [in] NRS 233B.061, before adopting, amending or repealing [any] :

      (a) A permanent [or temporary] regulation, the agency must , 30 days or more after delivering a copy of the proposed regulation to the Legislative Counsel, or after receiving the approved or revised text of the proposed regulation prepared by the Legislative Counsel pursuant to NRS 233B.063, give at least 30 days’ notice of its intended action, unless a shorter period of notice is specifically permitted by statute.

      (b) A temporary regulation, the agency must give at least 30 days’ notice of its intended action, unless a shorter period of notice is specifically permitted by statute.

      2.  Except as otherwise provided in subsection 3, if an agency has adopted a temporary regulation after notice and the opportunity for a hearing as provided in this chapter, it may adopt, after providing a second notice and the opportunity for a hearing, a permanent regulation, but the language of the permanent regulation must first be approved or revised by the Legislative Counsel and the adopted regulation is subject to review by the Legislative Commission [.] or the subcommittee to review regulations appointed pursuant to subsection 6 of NRS 233B.067.

      3.  If the Public Utilities Commission of Nevada has adopted a temporary regulation after notice and the opportunity for a hearing as provided in this chapter, it may adopt a substantively equivalent permanent regulation without further notice or hearing, but the language of the permanent regulation must first be approved or revised by the Legislative Counsel and the adopted regulation is subject to review by the Legislative Commission [.]

 


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ê2007 Statutes of Nevada, Page 872 (Chapter 248, SB 367)ê

 

Counsel and the adopted regulation is subject to review by the Legislative Commission [.] or the subcommittee to review regulations.

      Sec. 3.  NRS 233B.0603 is hereby amended to read as follows:

      233B.0603  1.  The notice of intent to act upon a regulation required pursuant to NRS 233B.060 must:

      (a) Include:

             (1) A statement of the need for and purpose of the proposed regulation.

             (2) [Either] If the proposed regulation is a temporary regulation, either the terms or substance of the proposed regulation or a description of the subjects and issues involved.

             (3) If the proposed regulation is a permanent regulation, a statement explaining how to obtain the approved or revised text of the proposed regulation prepared by the Legislative Counsel pursuant to NRS 233B.063.

             (4) A statement of the estimated economic effect of the regulation on the business which it is to regulate and on the public. These must be stated separately and in each case must include:

                   (I) Both adverse and beneficial effects; and

                   (II) Both immediate and long-term effects.

             [(4)] (5) A statement identifying the methods used by the agency in determining the impact on a small business prepared pursuant to subsection 3 of NRS 233B.0608.

             [(5)] (6) The estimated cost to the agency for enforcement of the proposed regulation.

             [(6)] (7) A description of any regulations of other state or local governmental agencies which the proposed regulation overlaps or duplicates and a statement explaining why the duplication or overlapping is necessary. If the regulation overlaps or duplicates a federal regulation, the notice must include the name of the regulating federal agency.

             [(7)] (8) If the regulation is required pursuant to federal law, a citation and description of the federal law.

             [(8)] (9) If the regulation includes provisions which are more stringent than a federal regulation that regulates the same activity, a summary of such provisions.

             [(9)] (10) The time when, the place where and the manner in which interested persons may present their views regarding the proposed regulation.

      (b) [State] If the proposed regulation is a temporary regulation, state each address at which the text of the proposed regulation may be inspected and copied.

      (c) Include an exact copy of the provisions of subsection 2 of NRS 233B.064.

      (d) Include a statement indicating whether the regulation establishes a new fee or increases an existing fee.

      (e) Be mailed to all persons who have requested in writing that they be placed upon a mailing list, which must be kept by the agency for that purpose.

      (f) Be submitted to the Legislative Counsel Bureau for inclusion in the Register of Administrative Regulations created pursuant to NRS 233B.0653. The publication of a notice of intent to act upon a regulation in the Register does not satisfy the requirements for notice set forth in paragraph (e) . [of this subsection.]

 


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ê2007 Statutes of Nevada, Page 873 (Chapter 248, SB 367)ê

 

      2.  The Attorney General may by regulation prescribe the form of notice to be used.

      3.  In addition to distributing the notice to each recipient of the agency’s regulations, the agency shall also solicit comment generally from the public and from businesses to be affected by the proposed regulation.

      Sec. 4.  NRS 233B.0607 is hereby amended to read as follows:

      233B.0607  1.  The agency shall at the time of giving the notice [:] of intent to act upon a regulation required pursuant to NRS 233B.060:

      (a) Deposit one copy of the notice and text of the proposed regulation with the State Library and Archives Administrator;

      (b) Keep at least one copy of the notice and text available in each of its offices from the date of the notice to the date of the hearing, for inspection and copying by the public; and

      (c) If the agency does not maintain an office in a county, deposit one copy of the notice and text with the librarian of the main public library in the county.

      2.  The text of the proposed regulation so disseminated must include the entire text of any section of the Nevada Administrative Code which is proposed for amendment or repeal.

      3.  After the final [draft or revision] version of an adopted regulation is received, each such librarian may discard the deposited copy of the text of the proposed regulation.

      Sec. 5.  NRS 233B.061 is hereby amended to read as follows:

      233B.061  1.  All interested persons must be afforded a reasonable opportunity to submit data, views or arguments upon a proposed regulation, orally or in writing.

      2.  Before holding the public hearing required pursuant to subsection 3, an agency shall conduct at least one workshop to solicit comments from interested persons on one or more general topics to be addressed in a proposed regulation. Not less than 15 days before the workshop, the agency shall provide notice of the time and place set for the workshop:

      (a) In writing to each person who has requested to be placed on a mailing list; and

      (b) In any other manner reasonably calculated to provide such notice to the general public and any business that may be affected by a proposed regulation which addresses the general topics to be considered at the workshop.

      3.  With respect to substantive regulations, the agency shall set a time and place for an oral public hearing, but if no one appears who will be directly affected by the proposed regulation and requests an oral hearing, the agency may proceed immediately to act upon any written submissions. The agency shall consider fully all written and oral submissions respecting the proposed regulation.

      4.  An agency shall not hold the public hearing required pursuant to subsection 3 on the same day that the agency holds the workshop required pursuant to subsection 2.

      5.  The agency shall keep, retain and make available for public inspection written minutes and an audio recording or transcript of each public hearing held pursuant to subsection 3 in the manner provided in NRS 241.035.

 


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ê2007 Statutes of Nevada, Page 874 (Chapter 248, SB 367)ê

 

      Sec. 6.  NRS 233B.063 is hereby amended to read as follows:

      233B.063  1.  At [or] least 30 days before the time of giving notice of its intention to adopt, amend or repeal a permanent regulation an agency shall deliver to the Legislative Counsel a copy of the proposed regulation . [or amendment or an identification of the regulation to be repealed.] The Legislative Counsel shall examine and if appropriate revise the language submitted so that it is clear, concise and suitable for incorporation in the Nevada Administrative Code, but shall not alter the meaning or effect without the consent of the agency.

      2.  Unless the proposed regulation is submitted to him between July 1 of an even-numbered year and July 1 of the succeeding odd-numbered year, the Legislative Counsel shall deliver the approved or revised text of the regulation within 30 days after it is submitted to him. If the proposed or revised text of a regulation is changed before adoption, the agency shall submit the changed text to the Legislative Counsel, who shall examine and revise it if appropriate pursuant to the standards of subsection 1. Unless it is submitted between July 1 of an even-numbered year and July 1 of the succeeding odd-numbered year, the Legislative Counsel shall return it with any appropriate revisions within 30 days. If the agency is a licensing board as defined in NRS 439B.225 and the proposed regulation relates to standards for licensing or registration or for the renewal of a license or a certificate of registration issued to a person or facility regulated by the agency, the Legislative Counsel shall also deliver one copy of the approved or revised text of the regulation to the Legislative Committee on Health Care.

      3.  An agency may adopt a temporary regulation between August 1 of an even-numbered year and July 1 of the succeeding odd-numbered year without following the procedure required by this section and NRS 233B.064, but any such regulation expires by limitation on November 1 of the odd-numbered year. A substantively identical permanent regulation may be subsequently adopted.

      4.  An agency may amend or suspend a permanent regulation between August 1 of an even-numbered year and July 1 of the succeeding odd-numbered year by adopting a temporary regulation in the same manner and subject to the same provisions as prescribed in subsection 3.

      Sec. 7.  NRS 233B.0633 is hereby amended to read as follows:

      233B.0633  1.  Upon the request of a Legislator, the Legislative Commission may examine a temporary regulation adopted by an agency that is not yet effective pursuant to subsection 2 of NRS 233B.070 to determine whether the temporary regulation conforms to the statutory authority pursuant to which it was adopted and whether the temporary regulation carries out the intent of the Legislature in granting that authority.

      2.  If a temporary regulation that the Legislative Commission is requested to examine pursuant to subsection 1 was required to be adopted by the agency pursuant to a federal statute or regulation and the temporary regulation exceeds the specific statutory authority of the agency or sets forth requirements that are more stringent than a statute of this state, the agency shall submit a statement to the Legislative Commission that adoption of the temporary regulation was required by a federal statute or regulation. The statement must include the specific citation of the federal statute or regulation requiring such adoption.

      3.  [The] Except as otherwise provided in subsection 4, the Legislative Commission shall [review] :

 


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ê2007 Statutes of Nevada, Page 875 (Chapter 248, SB 367)ê

 

      (a) Review the temporary regulation at its next regularly scheduled meeting if the request for examination of the temporary regulation is received more than 10 working days before the meeting [and a regular meeting is held within 35 days after receipt of the temporary regulation. The Legislative Commission may direct the Committee to Review Regulations to examine any temporary regulation that a Legislator has requested to be reviewed more than 35 days before a regular meeting of the Commission is scheduled to be held.

      4.  The Legislative Counsel shall notify the agency that adopted the temporary regulation of the results of the review of the temporary regulation by the Legislative Commission within 30 days after receipt of the request for review of the temporary regulation from a Legislator.] ; or

      (b) Refer the temporary regulation for review to the subcommittee to review regulations appointed pursuant to subsection 6 of NRS 233B.067.

      4.  If an agency determines that an emergency exists which requires a temporary regulation of the agency for which a Legislator requested an examination pursuant to subsection 1 to become effective before the next meeting of the Legislative Commission is scheduled to be held, the agency may notify the Legislative Counsel in writing of the emergency. Upon receipt of such a notice, the Legislative Counsel shall refer the temporary regulation for review by the subcommittee to review regulations as soon as practicable.

      5.  If the Legislative Commission , or the subcommittee to review regulations if the temporary regulation was referred, does not object to the temporary regulation, the Legislative Counsel shall notify the agency that the agency may file the temporary regulation with the Secretary of State. If the Commission or the subcommittee objects to the temporary regulation after determining that:

      (a) If subsection 2 is applicable, the temporary regulation is not required pursuant to a federal statute or regulation;

      (b) The temporary regulation does not conform to statutory authority; or

      (c) The temporary regulation does not carry out legislative intent,

Ê the Legislative Counsel shall attach to the temporary regulation a written notice of the objection , [of the Commission,] including , if practicable, a statement of the reasons for [its] the objection, and shall promptly return the temporary regulation to the agency.

      [5.] 6.  If the Legislative Commission or the subcommittee to review regulations has objected to a temporary regulation, the agency that adopted the temporary regulation [may revise it] shall revise the temporary regulation to conform to the statutory authority pursuant to which it was adopted and to carry out the intent of the Legislature in granting that authority and return it to the Legislative Counsel [.] within 60 days after the agency received the written notice of the objection to the temporary regulation pursuant to subsection 5. Upon receipt of the revised temporary regulation, the Legislative Counsel shall resubmit the temporary regulation to the Legislative Commission [at its next regularly scheduled meeting. If the Commission does not object] or the subcommittee for review. If there is no objection to the revised temporary regulation, the Legislative Counsel shall notify the agency that the agency may file the revised temporary regulation with the Secretary of State.

      [6.] 7.  If the Legislative Commission or the subcommittee to review regulations objects to the revised temporary regulation, the [agency may] Legislative Counsel shall attach to the revised temporary regulation a written notice of the objection, including, if practicable, a statement of the reasons for the objection, and shall promptly return the revised temporary regulation to the agency.

 


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ê2007 Statutes of Nevada, Page 876 (Chapter 248, SB 367)ê

 

Legislative Counsel shall attach to the revised temporary regulation a written notice of the objection, including, if practicable, a statement of the reasons for the objection, and shall promptly return the revised temporary regulation to the agency. The agency shall continue to revise it and resubmit it [.

      7.  If the agency refuses to revise a temporary regulation to which the Legislative Commission Commission or may suspend the filing of the temporary regulation until the final day of the next regular session of the Legislature. Before the final day of the next regular session, the Legislature may, by concurrent resolution or other appropriate legislative measure, declare that the temporary regulation will not become effective. If the Legislature makes such a declaration, the agency shall not file or enforce the temporary regulation or subsequently adopt a substantively identical permanent regulation. If the Legislature has not so declared by the final day of the session, the agency may file the temporary regulation with the Secretary of State.] to the Legislative Commission or the subcommittee within 30 days after the agency received the written notice of the objection to the revised temporary regulation.

      Sec. 8.  (Deleted by amendment.)

      Sec. 9.  NRS 233B.0665 is hereby amended to read as follows:

      233B.0665  If a regulation submitted to the Legislative Counsel Bureau pursuant to NRS 233B.067 is not accompanied by an informational statement which complies with the requirements of NRS 233B.066, the Legislative Counsel shall return the regulation to the agency with a note that the statement is missing. Unless the statement is supplied, the Legislative Counsel shall not submit the regulation to the Legislative Commission [,] or the subcommittee to review regulations, as applicable, and the regulation never becomes effective. [If the statement is supplied, the time for action upon the regulation must be computed from the date of delivering the statement to the Legislative Counsel.]

      Sec. 10.  NRS 233B.067 is hereby amended to read as follows:

      233B.067  1.  After adopting a permanent regulation, the agency shall submit the informational statement prepared pursuant to NRS 233B.066 and one copy of each regulation adopted to the Legislative Counsel for review by the Legislative Commission to determine whether the regulation conforms to the statutory authority pursuant to which it was adopted and whether the regulation carries out the intent of the Legislature in granting that authority. The Legislative Counsel shall endorse on the original and the copy of each adopted regulation the date of their receipt. The Legislative Counsel shall maintain the copy of the regulation in a file and make the copy available for public inspection for 2 years.

      2.  If an agency submits an adopted regulation to the Legislative Counsel pursuant to subsection 1 that:

      (a) The agency is required to adopt pursuant to a federal statute or regulation; and

      (b) Exceeds the specific statutory authority of the agency or sets forth requirements that are more stringent than a statute of this State,

Ê it shall include a statement that adoption of the regulation is required by a federal statute or regulation. The statement must include the specific citation of the federal statute or regulation requiring such adoption.

      3.  Except as otherwise provided in subsection 4, the Legislative Commission shall:

 


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ê2007 Statutes of Nevada, Page 877 (Chapter 248, SB 367)ê

 

      (a) Review the regulation at its next regularly scheduled meeting if the regulation is received more than [3] 10 working days before the meeting; or

      (b) Refer the regulation for review to the subcommittee to review regulations appointed pursuant to subsection 6.

      4.  If an agency determines that an emergency exists which requires a regulation of the agency submitted pursuant to subsection 1 to become effective before the next meeting of the Legislative Commission is scheduled to be held, the agency may notify the Legislative Counsel in writing of the emergency. Upon receipt of such a notice, the Legislative Counsel shall refer the regulation for review by the subcommittee to review regulations. The subcommittee shall meet to review the regulation as soon as practicable.

      5.  If the Legislative Commission, or the subcommittee to review regulations if the regulation was referred, does not object to the regulation, the Legislative Counsel shall promptly file the regulation with the Secretary of State and notify the agency of the filing. If the Commission or subcommittee objects to the regulation after determining that:

      (a) If subsection 2 is applicable, the regulation is not required pursuant to a federal statute or regulation;

      (b) The regulation does not conform to statutory authority; or

      (c) The regulation does not carry out legislative intent,

Ê the Legislative Counsel shall attach to the regulation a written notice of the objection, including , if practicable, a statement of the reasons for the objection, and shall promptly return the regulation to the agency.

      6.  As soon as practicable after each regular legislative session, the Legislative Commission shall appoint a subcommittee to review regulations consisting of at least three members of the Legislative Commission.

      Sec. 11.  NRS 233B.0675 is hereby amended to read as follows:

      233B.0675  1.  If the Legislative Commission , or the subcommittee to review regulations appointed pursuant to subsection 6 of NRS 233B.067, has objected to a regulation, the agency shall revise the regulation to conform to the statutory authority pursuant to which it was adopted and to carry out the intent of the Legislature in granting that authority and return it to the Legislative Counsel within 60 days after the agency received the written notice of the objection to the regulation pursuant to NRS 233B.067. Upon receipt of the revised regulation, the Legislative Counsel shall resubmit the regulation to the Commission or subcommittee for review. If there is no objection to the revised regulation, the Legislative Counsel shall promptly file the revised regulation with the Secretary of State and notify the agency of the filing.

      2.  If the Legislative Commission or subcommittee objects to the revised regulation, the Legislative Counsel shall attach to the revised regulation a written notice of the objection, including , if practicable, a statement of the reasons for the objection, and shall promptly return the revised regulation to the agency. The agency shall continue to revise it and resubmit it to the Commission or subcommittee within 30 days after the agency received the written notice of the objection to the revised regulation.

      Sec. 12.  NRS 233B.070 is hereby amended to read as follows:

      233B.070  1.  A permanent regulation becomes effective when the Legislative Counsel files with the Secretary of State the original of the final draft or revision of a regulation, except [as otherwise provided in NRS 233B.0665 or] where a later date is specified in the regulation.

 


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ê2007 Statutes of Nevada, Page 878 (Chapter 248, SB 367)ê

 

      2.  Except as otherwise provided in NRS 233B.0633, an agency that has adopted a temporary regulation may not file the temporary regulation with the Secretary of State until 35 days after the date on which the temporary regulation was adopted by the agency. A temporary regulation becomes effective when the agency files with the Secretary of State the original of the final draft or revision of the regulation, together with the informational statement prepared pursuant to NRS 233B.066. The agency shall also file a copy of the temporary regulation with the Legislative Counsel, together with the informational statement prepared pursuant to NRS 233B.066.

      3.  An emergency regulation becomes effective when the agency files with the Secretary of State the original of the final draft or revision of an emergency regulation, together with the informational statement prepared pursuant to NRS 233B.066. The agency shall also file a copy of the emergency regulation with the Legislative Counsel, together with the informational statement prepared pursuant to NRS 233B.066.

      4.  The Secretary of State shall maintain the original of the final draft or revision of each regulation in a permanent file to be used only for the preparation of official copies.

      5.  The Secretary of State shall file, with the original of each agency’s rules of practice, the current statement of the agency concerning the date and results of its most recent review of those rules.

      6.  Immediately after each permanent or temporary regulation is filed, the agency shall deliver one copy of the final draft or revision, bearing the stamp of the Secretary of State indicating that it has been filed, including material adopted by reference which is not already filed with the State Library and Archives Administrator, to the State Library and Archives Administrator for use by the public. If the agency is a licensing board as defined in NRS 439B.225 and it has adopted a permanent regulation relating to standards for licensing or registration or for the renewal of a license or a certificate of registration issued to a person or facility regulated by the agency, the agency shall also deliver one copy of the regulation, bearing the stamp of the Secretary of State, to the Legislative Committee on Health Care within 10 days after the regulation is filed with the Secretary of State.

      7.  Each agency shall furnish a copy of all or part of that part of the Nevada Administrative Code which contains its regulations, to any person who requests a copy, and may charge a reasonable fee for the copy based on the cost of reproduction if it does not have money appropriated or authorized for that purpose.

      8.  An agency which publishes any regulations included in the Nevada Administrative Code shall use the exact text of the regulation as it appears in the Nevada Administrative Code, including the leadlines and numbers of the sections. Any other material which an agency includes in a publication with its regulations must be presented in a form which clearly distinguishes that material from the regulations.

      Sec. 13.  This act becomes effective on July 1, 2007.

________

 


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ê2007 Statutes of Nevada, Page 879ê

 

CHAPTER 249, SB 417

Senate Bill No. 417–Senator Lee

 

CHAPTER 249

 

AN ACT relating to public mass transportation; enacting provisions to facilitate the construction, installation and maintenance of benches, shelters and transit stops for passengers of public mass transportation in certain counties; and providing other matters properly relating thereto.

 

[Approved: May 31, 2007]

 

Legislative Counsel’s Digest:

      Under existing law, the regional transportation commission in a county whose population is 400,000 or more (currently Clark County) has the authority to provide for the construction and maintenance of benches and shelters for passengers of public mass transportation. (NRS 373.1183) This bill authorizes such a regional transportation commission to provide for the construction, installation and maintenance of transit stops in addition to benches and shelters. This bill also authorizes the regional transportation commission to locate such benches, shelters and transit stops within any public easement or right-of-way, including a public easement or right-of-way dedicated or restricted for use by any utility, if: (1) the public easement or right-of-way is adjacent or appurtenant to or within a reasonable proximity of any public highway; and (2) the benches, shelters and transit stops may be located safely within the public easement or right-of-way without damaging the facilities of other persons who are authorized to place their facilities within the public easement or right-of-way.

      This bill also requires the regional transportation commission and the governmental entity that owns or controls the public easement or right-of-way to execute an interlocal or cooperative agreement that authorizes the construction, installation, maintenance and use of the benches, shelters or transit stops within the public easement or right-of-way.

      Finally, if such benches, shelters or transit stops will be constructed or installed within any public easement located within the common area or common elements of a common-interest community governed by an association, the regional transportation commission must: (1) provide the governing body of the association with written notice of the intent to construct or install the benches, shelters or transit stops within the public easement; and (2) coordinate, to the extent practicable, with the governing body of the association to determine an appropriate location for the benches, shelters or transit stops within the public easement.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 373.1183 is hereby amended to read as follows:

      373.1183  In a county whose population is 400,000 or more:

      1.  The commission shall provide for the construction , installation and maintenance of benches , [and] shelters and transit stops for passengers of public mass transportation.

      2.  In carrying out its duties pursuant to subsection 1, the commission may displace or limit competition in the construction , installation and maintenance of such benches [and shelters.] , shelters and transit stops. The commission may:

      (a) Provide those services on an exclusive basis or adopt a regulatory scheme for controlling the provision of those services; or

 


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ê2007 Statutes of Nevada, Page 880 (Chapter 249, SB 417)ê

 

      (b) Grant an exclusive franchise to any person to provide those services.

      3.  Subject to the provisions of subsections 4 and 5, the commission or any person who is authorized by the commission to provide for the construction, installation and maintenance of benches, shelters and transit stops for passengers of public mass transportation may locate such benches, shelters and transit stops within any public easement or right-of-way, including, without limitation, a public easement or right-of-way dedicated or restricted for use by any utility, if:

      (a) The public easement or right-of-way is adjacent or appurtenant to or within a reasonable proximity of any public highway; and

      (b) The benches, shelters and transit stops may be located safely within the public easement or right-of-way without damaging the facilities of other persons who are authorized to place their facilities within the public easement or right-of-way.

Ê As used in this subsection, “public highway” means any street, road, alley, thoroughfare, way or place of any kind used by the public or open to the use of the public as a matter of right for the purpose of vehicular traffic.

      4.  Before the commission or any person authorized by the commission may construct or install any benches, shelters or transit stops within any public easement or right-of-way, the commission and the governmental entity that owns or controls the public easement or right-of-way shall execute an interlocal or cooperative agreement that authorizes the construction, installation, maintenance and use of the benches, shelters or transit stops within the public easement or right-of-way.

      5.  If the commission or any person authorized by the commission intends to construct or install any benches, shelters or transit stops within any public easement that is located within the common area or common elements of a common-interest community governed by an association, the commission shall:

      (a) Provide the governing body of the association with written notice of the intent to construct or install the benches, shelters or transit stops within the public easement at least 30 days before such construction or installation begins; and

      (b) Coordinate, to the extent practicable, with the governing body of the association to determine an appropriate location for the benches, shelters or transit stops within the public easement.

      6.  The commission shall post on each bench, [and] within each shelter [,] and near each transit stop a notice that provides a telephone number that a person may use to report damage to the bench [or shelter.

      4.] , shelter or transit stop.

      7.  No board of county commissioners, governing body of an incorporated city or town board may [provide] :

      (a) Provide for the construction , installation or maintenance of benches , [and] shelters and transit stops for passengers of public mass transportation [.] except with the approval of or at the request of the commission; or

      (b) Adopt any ordinance, regulation or plan, enter into or approve any franchise, contract or agreement or take any other action that prohibits or unreasonably restricts the commission from providing for the construction, installation or maintenance of benches, shelters and transit stops for passengers of public mass transportation.

 


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ê2007 Statutes of Nevada, Page 881 (Chapter 249, SB 417)ê

 

      Sec. 2.  NRS 373.1185 is hereby amended to read as follows:

      373.1185  1.  In a county whose population is 400,000 or more, the commission shall establish an advisory committee to provide information and advice to the commission concerning the construction , installation and maintenance of benches , [and] shelters and transit stops for passengers of public mass transportation in the county. The membership of the advisory committee must consist of:

      (a) Two members of the general public from each city within the county who are appointed by the governing body of that city; and

      (b) Six members of the general public appointed by the commission.

      2.  Each member of the advisory committee serves a term of 1 year. A member may be reappointed for additional terms of 1 year in the same manner as the original appointment.

      3.  A vacancy occurring in the membership of the advisory committee must be filled in the same manner as the original appointment.

      4.  The advisory committee shall meet at least six times annually.

      5.  At its first meeting and annually thereafter, the advisory committee shall elect a chairman and vice chairman from among its members.

      6.  Each member of the advisory committee serves without compensation and is not entitled to receive a per diem allowance or travel expenses.

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

________

 

CHAPTER 250, SB 419

Senate Bill No. 419–Senator Lee

 

CHAPTER 250

 

AN ACT relating to county clerks; authorizing the board of county commissioners of larger counties to require by ordinance that certificates of marriage be filed with the county clerk of the county; authorizing such a county clerk to charge certain fees for such service; providing the requirements for the filing of certificates of marriage with such a county clerk; providing a penalty; and providing other matters properly relating thereto.

 

[Approved: May 31, 2007]

 

Legislative Counsel’s Digest:

      Under existing law, the county clerks issue marriage licenses and the county recorders record certificates of marriage. (NRS 122.040, 122.130) Section 2 of this bill authorizes a board of county commissioners in a county whose population is 400,000 or more (currently Clark County) to require that marriage certificates be filed with the county clerk. Sections 3-6 and 9-11 of this bill provide various procedures and requirements relating to the filing of marriage certificates with the county clerk in such a county. Section 7 of this bill provides for fees for filing marriage certificates that such a county clerk is required or authorized to collect. Section 8 of this bill requires that certain money collected by fees imposed by such a county clerk be deposited in a separate account in the county general fund to be used only to acquire or improve technology used by the county clerk for the issuance of marriage licenses and filing of marriage certificates.

 


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ê2007 Statutes of Nevada, Page 882 (Chapter 250, SB 419)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 246 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 11, inclusive, of this act.

      Sec. 2.  A board of county commissioners of a county whose population is 400,000 or more may adopt an ordinance requiring that certificates of marriage be filed in the office of the county clerk.

      Sec. 3.  1.  Except as otherwise provided in section 4 of this act, if a board of county commissioners adopts an ordinance pursuant to section 2 of this act, the county clerk shall, upon the payment of the fees prescribed in section 7 of this act, file separately, in a manner which will allow a legible copy to be made, certificates of marriage.

      2.  Before accepting for filing any certificate of marriage, the county clerk shall require that a certificate of marriage be suitable for filing by a method used by the county clerk to preserve his records. If any rights may be adversely affected because of a delay in filing caused by this requirement, the county clerk shall accept the certificate of marriage conditionally subject to submission of a suitable certificate of marriage at a later date. Before accepting a certificate of marriage conditionally, the county clerk shall require the person who requests the filing to sign a statement that the person has been advised of the requirements described in this subsection and shall file the statement with the certificate of marriage.

      Sec. 4.  1.  A county clerk may deny a request to file a certificate of marriage if, within 2 judicial days after presentation of the certificate of marriage, the county clerk determines that the certificate of marriage is unauthorized, falsified or otherwise may not be lawfully filed. If a county clerk fails to make such a determination within the specified period, the county clerk shall file the certificate of marriage as soon as practicable, unless otherwise ordered by a court.

      2.  A county clerk who denies a request to file a certificate of marriage pursuant to subsection 1 shall retain a copy of the certificate of marriage and, within 2 judicial days after he denies the request, shall provide the requester with written notice, on a form prescribed by the county clerk, of:

      (a) The reason that the county clerk is denying the filing of the certificate of marriage;

      (b) The right of the requester to judicial review of the denial; and

      (c) The criminal penalty set forth in subsection 5.

      3.  If a county clerk fails to provide the notice required by subsection 2 within the specified period, the county clerk shall file the certificate of marriage as soon as practicable, unless otherwise ordered by a court.

      4.  If a request to file a certificate of marriage is denied pursuant to subsection 1, the requester may apply to the district court in the county in which the request was denied for an order to file the certificate of marriage. The court shall give this matter priority over other civil matters to which priority is not given by other statutes. If the requester prevails:

      (a) He is entitled to recover from the county clerk any filing fees that he paid related to the proceeding.

      (b) The county clerk shall file the certificate of marriage as soon as practicable.

 


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ê2007 Statutes of Nevada, Page 883 (Chapter 250, SB 419)ê

 

      5.  If a county clerk denied the filing of a certificate of marriage pursuant to subsection 1, a person shall not resubmit the certificate of marriage for filing unless the certificate of marriage has been modified in such a manner that it may be lawfully filed or the person has obtained a court order pursuant to subsection 4. Unless a greater penalty is provided by NRS 239.330, a violation of this subsection is a misdemeanor.

      6.  Except as otherwise provided in paragraph (a) of subsection 4, a county clerk who acts in good faith in denying the filing of a certificate of marriage pursuant to this section is immune from liability for damages to the requester or any person whom the certificate of marriage concerns or affects.

      Sec. 5.  Any certificate of marriage deposited for filing with the county clerk must have typed or legibly printed the names of all signers thereon, excluding those of the acknowledging officers and witnesses, beneath the original signatures. If a certificate of marriage does not contain the typed or printed names, the county clerk shall accept the certificate of marriage for filing if accompanied by an affidavit, for filing with the certificate of marriage, correctly spelling in legible print or type the signatures appearing on the certificate of marriage. Failure to print or type signatures as provided in this subsection does not invalidate the certificate of marriage.

      Sec. 6.  In lieu of producing a certified copy of a certificate of marriage, the county clerk may produce an abstract of the filed certificate of marriage and may certify the abstract in his official name and title, and under his official seal.

      Sec. 7.  1.  If the board of county commissioners has adopted an ordinance pursuant to section 2 of this act, the county clerk shall charge and collect the following fees:

      (a) For filing any certificate of marriage, $10.

      (b) For copying any certificate of marriage, $1 per page.

      (c) For a certified copy of a certificate of marriage, $10.

      (d) For a certified abstract of a certificate of marriage, $10.

      2.  In addition to the fees described in subsection 1, a county clerk may charge and collect an additional fee not to exceed $3 for filing a certificate of marriage, if the board of county commissioners has adopted an ordinance authorizing the additional fee. The county clerk shall pay to the county treasurer the amount of fees collected by him pursuant to this subsection for credit to the account established pursuant to section 8 of this act.

      3.  A county clerk shall charge and collect the fees specified in this section for copying a document specified in this section at the request of the State of Nevada or any city or town within the county. For copying, and for his certificate and seal upon the copy, the county clerk shall charge the regular fee.

      4.  Except as otherwise provided in an ordinance adopted pursuant to NRS 244.207, county clerks shall, on or before the fifth working day of each month, account for and pay to the county treasurer all fees related to filing certificates of marriage collected during the preceding month.

      5.  For purposes of this section, “State of Nevada,” “county,” “city” and “town” include any department or agency thereof and any officer thereof in his official capacity.

 


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ê2007 Statutes of Nevada, Page 884 (Chapter 250, SB 419)ê

 

      Sec. 8.  1.  If a county clerk imposes an additional fee pursuant to subsection 2 of section 7 of this act, the proceeds collected from such a fee must be accounted for separately in the county general fund. Any interest earned on money in the account, after deducting any applicable charges, must be credited to the account. Money that remains in the account at the end of a fiscal year does not revert to the county general fund, and the balance in the account must be carried forward to the next fiscal year.

      2.  The money in the account must be used only to acquire technology for or to improve the technology used in the office of the county clerk for the issuance of marriage licenses and the filing of certificates of marriage, including, without limitation, costs related to acquiring or improving technology for converting and archiving records, purchasing hardware and software, maintaining the technology, training employees in the operation of the technology and contracting for professional services relating to the technology.

      3.  The county clerk shall submit an annual report to the board of county commissioners which contains:

      (a) An estimate of the proceeds that the county clerk will collect from the additional fee imposed pursuant to subsection 2 of section 7 of this act in the following fiscal year; and

      (b) A proposal for expenditures of the proceeds from the additional fee imposed pursuant to subsection 2 of section 7 of this act for the costs related to the technology required for the office of the county clerk for the following fiscal year.

      Sec. 9.  1.  Each county clerk shall take custody of and is responsible for all certificates of marriage filed with his office.

      2.  All certificates of marriage on file in the office of the county clerk must, during office hours, be open for inspection by any person without charge.

      Sec. 10.  Each county clerk shall:

      1.  Except as otherwise provided in section 4 of this act, file each certificate of marriage in the order in which it is received;

      2.  Maintain a record of all transactions conducted within the office and a record of all fees collected; and

      3.  Make the records maintained pursuant to subsection 2 available for public inspection during regular business hours.

      Sec. 11.  1.  When a certificate of marriage is required by law to be filed in the office of the county clerk, the county clerk shall:

      (a) Endorse upon the certificate of marriage the time when it was received, noting:

             (1) The year, month, day, hour and minute of its reception;

             (2) The document number; and

             (3) The amount of fees collected for filing the certificate of marriage.

      (b) File the certificate of marriage without delay.

      (c) Note at the upper right corner of the certificate of marriage the exact time of its reception and the name of the person at whose request it was filed.

      (d) Upon request, place a stamp or other notation upon one copy of the certificate of marriage presented at the time of filing to reflect the information endorsed upon the original pursuant to subparagraphs (1) and (2) of paragraph (a) and as evidence that he received the original, and return the copy to the person who presented it.

 


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and (2) of paragraph (a) and as evidence that he received the original, and return the copy to the person who presented it.

      2.  A certificate of marriage is filed when the information required pursuant to this section is placed on the document and is entered in the record of the county clerk.

      Sec. 12.  NRS 247.120 is hereby amended to read as follows:

      247.120  1.  Except as otherwise provided in NRS 247.145, each county recorder shall, upon the payment of the prescribed statutory fees, record separately, in a manner which will allow a legible copy to be made, the following specified documents:

      (a) Deeds, grants, patents issued by the State of Nevada or by the United States, transfers and mortgages of real estate, releases of mortgages of real estate, powers of attorney to convey real estate, and leases of real estate which have been acknowledged or proved.

      (b) [Certificates] Except as otherwise provided in section 2 of this act, certificates of marriage and marriage contracts.

      (c) Wills admitted to probate.

      (d) Official bonds.

      (e) Notice of mechanics’ liens.

      (f) Transcripts of judgments which by law are made liens upon real estate in this State and affidavits of renewal of those judgments.

      (g) Notices of attachment upon real estate.

      (h) Notices of the pendency of an action affecting real estate, the title thereto or the possession thereof.

      (i) Instruments describing or relating to the separate property of married persons.

      (j) Notice of preemption claims.

      (k) Notices and certificates of location of mining claims.

      (l) Affidavits of proof of annual labor on mining claims.

      (m) Affidavits of intent to hold mining claims recorded pursuant to subsection 3 of NRS 517.230.

      (n) Certificates of sale.

      (o) Judgments or decrees.

      (p) Declarations of homesteads.

      (q) Such other writings as are required or permitted by law to be recorded.

      2.  Each of the documents named in paragraph (a) of subsection 1 may be recorded in separate books in the discretion of the county recorder.

      3.  Before accepting for recording any document enumerated in subsection 1, the county recorder shall require a document suitable for recording by a method used by the recorder to preserve his records. If any rights may be adversely affected because of a delay in recording caused by this requirement, the county recorder shall accept the document conditionally subject to submission of a suitable document at a later date. Before accepting a document conditionally, the recorder shall require the person who requests the recording to sign a statement that the person has been advised of the requirements described in this subsection and record the statement with the document.

      Sec. 13.  NRS 4.060 is hereby amended to read as follows:

      4.060  1.  Except as otherwise provided in this section and NRS 33.017 to 33.100, inclusive, each justice of the peace shall charge and collect the following fees:

 


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      (a) On the commencement of any action or proceeding in the Justice Court, other than in actions commenced pursuant to chapter 73 of NRS, to be paid by the party commencing the action:

 

If the sum claimed does not exceed $1,000........................................................................................................ $28.00

If the sum claimed exceeds $1,000 but does not exceed $2,500...................................................................... 50.00

If the sum claimed exceeds $2,500 but does not exceed $4,500.................................................................... 100.00

If the sum claimed exceeds $4,500 but does not exceed $6,500.................................................................... 125.00

If the sum claimed exceeds $6,500 but does not exceed $7,500.................................................................... 150.00

If the sum claimed exceeds $7,500 but does not exceed $10,000.................................................................. 175.00

In all other civil actions.............................................................................................................................................. 28.00

 

      (b) For the preparation and filing of an affidavit and order in an action commenced pursuant to chapter 73 of NRS:

 

If the sum claimed does not exceed $1,000........................................................................................................ $25.00

If the sum claimed exceeds $1,000 but does not exceed $2,500...................................................................... 45.00

If the sum claimed exceeds $2,500 but does not exceed $5,000...................................................................... 65.00

 

      (c) On the appearance of any defendant, or any number of defendants answering jointly, to be paid by him or them on filing the first paper in the action, or at the time of appearance:

 

In all civil actions...................................................................................................................................................... $12.00

For every additional defendant, appearing separately........................................................................................... 6.00

 

      (d) No fee may be charged where a defendant or defendants appear in response to an affidavit and order issued pursuant to the provisions of chapter 73 of NRS.

      (e) For the filing of any paper in intervention............................................................................................................... $6.00

      (f) For the issuance of any writ of attachment, writ of garnishment, writ of execution or any other writ designed to enforce any judgment of the court..................................................................................................................................................... $6.00

      (g) For filing a notice of appeal, and appeal bonds.................................................................................................. $12.00

             One charge only may be made if both papers are filed at the same time.

      (h) For issuing supersedeas to a writ designed to enforce a judgment or order of the court.............................. $12.00

      (i) For preparation and transmittal of transcript and papers on appeal................................................................ $12.00

      (j) For celebrating a marriage and returning the certificate to the county recorder or county clerk................ $50.00

      (k) For entering judgment by confession....................................................................................................................... $6.00

 


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      (l) For preparing any copy of any record, proceeding or paper, for each page......................................................   $.30

      (m) For each certificate of the clerk, under the seal of the court.............................................................................. $3.00

      (n) For searching records or files in his office, for each year..................................................................................... $1.00

      (o) For filing and acting upon each bail or property bond ...................................................................................... $40.00

      2.  A justice of the peace shall not charge or collect any of the fees set forth in subsection 1 for any service rendered by him to the county in which his township is located.

      3.  A justice of the peace shall not charge or collect the fee pursuant to paragraph (j) of subsection 1 if he performs a marriage ceremony in a commissioner township.

      4.  Except as otherwise provided by an ordinance adopted pursuant to the provisions of NRS 244.207, the justice of the peace shall, on or before the fifth day of each month, account for and pay to the county treasurer all fees collected during the preceding month, except for the fees he may retain as compensation and the fees he is required to pay to the State Controller pursuant to subsection 5.

      5.  The justice of the peace shall, on or before the fifth day of each month, pay to the State Controller:

      (a) An amount equal to $5 of each fee collected pursuant to paragraph (j) of subsection 1 during the preceding month. The State Controller shall deposit the money in the Account for Aid for Victims of Domestic Violence in the State General Fund.

      (b) One-half of the fees collected pursuant to paragraph (o) of subsection 1 during the preceding month. The State Controller shall deposit the money in the Fund for the Compensation of Victims of Crime.

      Sec. 14.  NRS 122.030 is hereby amended to read as follows:

      122.030  1.  With respect to any marriage solemnized before January 1, 1971, the original certificate and records of marriage made by the judge, justice or minister, as prescribed in this chapter, and the record thereof by the recorder of the county, or a copy or abstract of the record certified by the recorder, must be received in all courts and places as presumptive evidence of the fact of the marriage.

      2.  With respect to any marriage solemnized on or after January 1, 1971, the original certificate and records of marriage made by the judge, justice, minister, commissioner of civil marriages or deputy commissioner of civil marriages, as prescribed in this chapter, and the record thereof by the county recorder [of] or the county [,] clerk, as the case may be, or a copy or abstract of the record certified by the county recorder [,] or the county clerk, as the case may be, must be received in all courts and places as presumptive evidence of the fact of the marriage.

      Sec. 15.  NRS 122.055 is hereby amended to read as follows:

      122.055  1.  The county clerk [of each county] may place the affidavit of application for a marriage license, the certificate of marriage and the marriage license on a single form.

      2.  The county clerk shall have printed or stamped on the reverse of the form instructions for obtaining a certified copy or certified abstract of the certificate of marriage . [from the county recorder.]

      Sec. 16.  NRS 122.060 is hereby amended to read as follows:

      122.060  1.  The county clerk is entitled to receive as his fee for issuing the license the sum of $21.

 


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      2.  The county clerk shall also at the time of issuing the license [collect] :

      (a) Collect the sum of $10 and :

             (1) If the board of county commissioners has adopted an ordinance pursuant to section 2 of this act, deposit the sum into the county general fund pursuant to section 7 of this act for filing the originally signed copy of the certificate of marriage described in NRS 122.120.

             (2) If the board of county commissioners has not adopted an ordinance pursuant to section 2 of this act, pay it over to the county recorder as his fee for recording the originally signed copy of the certificate of marriage described in NRS 122.120.

      (b) Collect the additional fee described in subsection 2 of section 7 of this act, if the board of county commissioners has adopted an ordinance authorizing the collection of such fee, and deposit the fee pursuant to section 8 of this act.

      3.  The county clerk shall also at the time of issuing the license collect the additional sum of $4 for the State of Nevada. The fees collected for the State must be paid over to the county treasurer by the county clerk on or before the fifth day of each month for the preceding calendar month, and must be placed to the credit of the State General Fund. The county treasurer shall remit quarterly all such fees deposited by the county clerk to the State Controller for credit to the State General Fund.

      4.  The county clerk shall also at the time of issuing the license collect the additional sum of $20 for the Account for Aid for Victims of Domestic Violence in the State General Fund. The fees collected for this purpose must be paid over to the county treasurer by the county clerk on or before the fifth day of each month for the preceding calendar month, and must be placed to the credit of that Account. The county treasurer shall, on or before the 15th day of each month, remit those fees deposited by the county clerk to the State Controller for credit to that Account.

      Sec. 17.  NRS 122.130 is hereby amended to read as follows:

      122.130  1.  Each person who solemnizes a marriage shall make a record of it and, within 10 days after the marriage, shall deliver to :

      (a) If the board of county commissioners has adopted an ordinance pursuant to section 2 of this act, the county clerk of the county where the license was issued a copy of the certificate of marriage required by NRS 122.120.

      (b) If the board of county commissioners has not adopted an ordinance pursuant to section 2 of this act, the county recorder of the county where the license was issued a copy of the certificate of marriage required by NRS 122.120.

      2.  If the copy of the certificate of marriage that is held by the person who solemnizes the marriage is lost or destroyed before it is delivered [to the county recorder] pursuant to subsection 1, the county clerk may charge and collect from the person who solemnizes the marriage a fee of not more than $15 for the preparation of an affidavit of loss or destruction and the issuance of a replacement certificate. All fees collected by the county clerk pursuant to this subsection must be deposited in the county general fund.

      3.  All copies of certificates must be recorded by the county recorder or filed by the county clerk in a book to be kept by him for that purpose. For recording or filing the copies, the county recorder or county clerk is entitled to the fees designated in subsection 2 of NRS 122.060 and subsection 3 of NRS 122.135.

 


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to the fees designated in subsection 2 of NRS 122.060 and subsection 3 of NRS 122.135. All such fees must be deposited in the county general fund.

      Sec. 18.  NRS 122.135 is hereby amended to read as follows:

      122.135  1.  Except as otherwise provided in subsection 2, if any information in a certificate of marriage is incorrect, the county clerk or the county recorder may charge and collect from a person a fee of not more than $25 for the preparation of an affidavit of correction.

      2.  Neither the county clerk nor the county recorder may charge and collect from a person any fee for the preparation of an affidavit of correction pursuant to subsection 1 if the only errors to be corrected in the certificate of marriage are clerical errors that were made by the county clerk.

      3.  Whether or not a person is required to pay any fee for the preparation of an affidavit of correction pursuant to subsection 1:

      (a) The county clerk shall charge and collect from the person a fee in an amount equal to :

             (1) If the board of county commissioners has adopted an ordinance pursuant to section 2 of this act, the amount that the county clerk is required to charge and collect pursuant to section 7 of this act for filing the corrected certificate of marriage; or

             (2) If the board of county commissioners has not adopted an ordinance pursuant to section 2 of this act, the amount that the county recorder is required to charge and collect pursuant to NRS 247.305 , and the county clerk shall pay the fee over to the county recorder as his fee for recording the corrected certificate of marriage; or

      (b) The county recorder shall charge and collect from the person [the] a fee [set forth] in an amount equal to:

             (1) If the board of county commissioners has adopted an ordinance pursuant to section 2 of this act, the amount that the county clerk is required to charge and collect pursuant to section 7 of this act, and the county recorder shall pay the fee over to the county clerk as his fee for recording the corrected certificate of marriage; or

             (2) If the board of county commissioners has not adopted an ordinance pursuant to section 2 of this act, the amount that the county recorder is required to charge and collect pursuant to NRS 247.305 for recording the corrected certificate of marriage.

      4.  All fees collected pursuant to this section must be deposited in the county general fund.

      Sec. 19.  NRS 122.160 is hereby amended to read as follows:

      122.160  1.  Marriages between Indians performed in accordance with tribal customs within closed Indian reservations and Indian colonies have the same validity as marriages performed in any other manner provided for by the laws of this State, if there is recorded or filed in the county in which the marriage takes place, within 30 days after the performance of the tribal marriage, a certificate declaring the marriage to have been performed.

      2.  The certificate of declaration required to be recorded or filed by subsection 1 must include the names of the persons married, their ages, social security numbers, tribe, and place and date of marriage. The certificate must be signed by an official of the tribe, reservation or colony.

      3.  The certificate must be :

      (a) If the board of county commissioners has adopted an ordinance pursuant to section 2 of this act, filed with the county clerk of the county in which the marriage was performed and filed by him without charge.

 


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      (b) If the board of county commissioners has not adopted an ordinance pursuant to section 2 of this act, recorded with the county recorder of the county in which the marriage was performed and recorded by him without charge.

      Sec. 20.  NRS 122.170 is hereby amended to read as follows:

      122.170  1.  Marriages between Indians heretofore or hereafter consummated in accordance with tribal custom [shall be of] have the same validity as marriages performed in any other manner provided for by the laws of the State of Nevada.

      2.  A certificate of any such marriage may be signed by:

      (a) An official of the tribe of which at least one of the parties is a member; [or]

      (b) An official of the reservation or colony in or upon which at least one of the parties shall at the time reside; or

      (c) The superintendent of an Indian agency legally established in this State by the United States.

      3.  The certificate may be :

      (a) If the board of county commissioners has adopted an ordinance pursuant to section 2 of this act, filed in the office of the county clerk of the county where such marriage took place, and within 30 days thereafter; or

      (b) If the board of county commissioners has not adopted an ordinance pursuant to section 2 of this act, recorded in the office of the recorder of the county where such marriage [shall have taken] took place, and within 30 days thereafter,

Ê and such certificate or a certified copy thereof [shall be] is prima facie evidence of the facts therein recited.

      4.  The certificate [shall] must give the names of the parties married, their ages, tribe, and the place and date of the marriage, and [shall] must show the official status of the person signing the same.

      5.  Any certificate, affidavit or other type of proof recognized by the United States, or any department thereof, as proof of a valid tribal marriage, regardless of when or where the tribal marriage [shall have been] was entered into [shall be] , is proof of the validity of [such] the tribal marriage in the State of Nevada.

      Sec. 21.  NRS 122.230 is hereby amended to read as follows:

      122.230  Every person solemnizing a marriage who fails or neglects to make and deliver [to the county recorder] an originally signed copy of the certificate thereof, within the time specified in NRS 122.130, to:

      1.  If the board of county commissioners has adopted an ordinance pursuant to section 2 of this act, the county clerk; or

      2.  If the board of county commissioners has not adopted an ordinance pursuant to section 2 of this act, the county recorder,

Ê is guilty of a misdemeanor.

      Sec. 22.  NRS 122.240 is hereby amended to read as follows:

      122.240  Every county recorder or county clerk who fails or neglects to record or file a copy of a certificate of marriage as required by this chapter is guilty of a misdemeanor.

      Sec. 23.  NRS 440.175 is hereby amended to read as follows:

      440.175  1.  Upon request, the State Registrar may furnish statistical data to any federal, state, local or other public or private agency, upon such terms or conditions as may be prescribed by the Board.

 


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      2.  No person may prepare or issue any document which purports to be an original, certified copy, certified abstract or official copy of:

      (a) A certificate of birth, death or fetal death, except as authorized in this chapter or by the Board.

      (b) A certificate of marriage, except a county clerk, county recorder or a person so required pursuant to NRS 122.120.

      (c) A decree of divorce or annulment of marriage, except a county clerk or the judge of a court of record.

      3.  A person or governmental organization which issues certified or official copies pursuant to paragraph (a) of subsection 2 shall:

      (a) Not charge a fee for issuing a certified or official copy of a certificate of birth to a homeless person who submits a signed affidavit on a form prescribed by the State Registrar stating that the person is homeless.

      (b) Remit to the State Registrar:

             (1) For each registration of a birth or death in its district, $2.

             (2) For each copy issued of a certificate of birth in its district, other than a copy issued pursuant to paragraph (a), $7.

             (3) For each copy issued of a certificate of death in its district, $1.

      Sec. 24.  NRS 440.595 is hereby amended to read as follows:

      440.595  1.  A record of each marriage performed in this State must be filed with the State Registrar as provided in this section.

      2.  Each county recorder and each county clerk that is required to file certificates of marriage shall , on or before the 10th day of the following month , forward to the State Registrar the information contained on each certificate of marriage delivered to him during the preceding month. The information must be forwarded in a form approved by the Health Division of the Department of Health and Human Services.

      3.  The State Registrar shall enter in his records the names of the parties, the date of the marriage and the county in which it was performed and recorded.

      Sec. 25.  NRS 440.700 is hereby amended to read as follows:

      440.700  1.  Except as otherwise provided in this section, the State Registrar shall charge and collect the following fees:

 

For searching the files for one name, if no copy is made.......................................................................................... $8

For verifying a vital record................................................................................................................................................ 8

For establishing and filing a record of paternity (other than a hospital-based paternity), and providing a certified copy of the new record................................................................................................................................................................... 20

For a certified copy of a record of birth........................................................................................................................ 13

For a certified copy of a record of death originating in a county in which the board of county commissioners has not created an account for the support of the office of the county coroner pursuant to NRS 259.025......................... 10

For a certified copy of a record of death originating in a county in which the board of county commissioners has created an account for the support of the office of the county coroner pursuant to NRS 259.025.............................. 11

For correcting a record on file with the State Registrar and providing a certified copy of the corrected record 20

For replacing a record on file with the State Registrar and providing a certified copy of the new record........ 20

 


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For filing a delayed certificate of birth and providing a certified copy of the certificate.................................. $20

For the services of a notary public, provided by the State Registrar......................................................................... 2

For an index of records of marriage provided on microfiche to a person other than a county clerk or a county recorder of a county of this State................................................................................................................................................. 200

For an index of records of divorce provided on microfiche to a person other than a county clerk or a county recorder of a county in this State.................................................................................................................................................. 100

For compiling data files which require specific changes in computer programming.......................................... 200

 

      2.  The fee collected for furnishing a copy of a certificate of birth or death includes the sum of $3 for credit to the Children’s Trust Account created by NRS 432.131.

      3.  The fee collected for furnishing a copy of a certificate of death includes the sum of $1 for credit to the Review of Death of Children Account created by NRS 432B.409.

      4.  The State Registrar shall not charge a fee for furnishing a certified copy of a record of birth to a homeless person who submits a signed affidavit on a form prescribed by the State Registrar stating that the person is homeless.

      5.  The fee collected for furnishing a copy of a certificate of death originating in a county in which the board of county commissioners has created an account for the support of the office of the county coroner pursuant to NRS 259.025 includes the sum of $1 for credit to the account for the support of the office of the county coroner of the county in which the certificate originates.

      6.  Upon the request of any parent or guardian, the State Registrar shall supply, without the payment of a fee, a certificate limited to a statement as to the date of birth of any child as disclosed by the record of such birth when the certificate is necessary for admission to school or for securing employment.

      7.  The United States Bureau of the Census may obtain, without expense to the State, transcripts or certified copies of births and deaths without payment of a fee.

      Sec. 26.  NRS 440.773 is hereby amended to read as follows:

      440.773  Any person who sells or offers to sell for a profit a copy of a certificate of marriage or an abstract of a recorded certificate of marriage issued by a county clerk or county recorder is guilty of a misdemeanor. Each sale or offer to sell such a certificate constitutes a separate violation of this section. This section does not apply to fees charged by a county clerk or county recorder.

      Sec. 27.  NRS 440.775 is hereby amended to read as follows:

      440.775  1.  Any person who violates or proposes to violate the provisions of NRS 440.773 may be enjoined by any court of competent jurisdiction.

      2.  Actions for injunction under this section may be prosecuted:

      (a) By the Attorney General or any district attorney in this State; or

 


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      (b) Upon the complaint of the State Registrar or any county recorder [.] or any county clerk that is authorized to file certificates of marriage.

      Sec. 28.  This act becomes effective on July 1, 2007.

________

 

CHAPTER 251, SB 420

Senate Bill No. 420–Senator Lee

 

CHAPTER 251

 

AN ACT relating to property; revising the provisions relating to the transfer of supervision of trusts; revising the provisions relating to spendthrift trusts; increasing the civil liability for conversion of property before letters of administration are granted; revising the provisions relating to succession of property under certain circumstances; revising the provisions relating to the summary administration of estates and the distribution of certain estates; revising the provisions relating to a petition concerning the affairs of a trust; and providing other matters properly relating thereto.

 

[Approved: May 31, 2007]

 

Legislative Counsel’s Digest:

      Existing law provides that a court may, with the concurrence of the beneficiary, transfer supervision of a trust to another jurisdiction upon petition by any person appointed by the court or a trustee. (NRS 164.130) Section 1 of this bill provides that a trustee or beneficiary may petition the court for a transfer of supervision, without the concurrence of the beneficiary.

      Existing law establishes certain limitations of actions involving transfer of property to a spendthrift trust. (NRS 166.170) Section 3 of this bill provides that a person is deemed to have discovered a transfer at the time a public record is made of the transfer for the purpose of setting the statute of limitations for certain legal actions that may arise after the transfer.

      Existing law provides that property held in a spendthrift trust for a judgment debtor or any other beneficiary is not liable to execution if the trust was not created by the beneficiary and the fund so held in trust has not proceeded from the beneficiary. (NRS 21.080) Section 4 of this bill provides that property held in a spendthrift trust which proceeded from a beneficiary is not liable to execution if the beneficiary is the settlor of the trust and the trust is a spendthrift trust that was created in compliance with applicable law.

      Existing law provides for the distribution of an estate by right of representation to the children of any deceased brother or sister if there is no issue, surviving spouse or father or mother. (NRS 134.060) Section 7 of this bill provides for such succession by the children of any deceased brother or sister in equal shares, per capita.

      Section 8 of this bill increases the liability for the conversion, taking or alienation of property by a person before the granting of letters of administration from double the value of the property converted, taken or alienated to triple the value. (NRS 143.100)

      Existing law allows a court to order summary administration of an estate if the gross value of the estate does not exceed $200,000 and requires the personal representative of an estate to petition the court for an order revoking summary administration if the gross value of the estate exceeds $200,000 after an order for summary administration is made.

 


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summary administration is made. (NRS 145.040, 145.110) Sections 9 and 10 of this bill provide that the threshold amount of $200,000 for either summary administration of an estate or a revocation of summary administration must be determined after deducting any encumbrances.

      Existing law sets forth the manner in which a court may order the distribution of small estates not exceeding $75,000. (NRS 146.070) Section 11 of this bill increases the amount from $75,000 to $100,000.

      Existing law sets forth certain aspects of the affairs of a trust regarding which a trustee or beneficiary may petition the court. (NRS 153.031) Section 12 of this bill provides that a trustee or beneficiary may also petition the court to compel compliance with the terms of the trust or other applicable law. Section 12 further provides that the court may, in addition to any other relief granted by the court, reduce the trustee’s compensation and order the trustee to pay to the beneficiary all reasonable costs and attorney’s fees incurred as a result of preparing a petition.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 164.130 is hereby amended to read as follows:

      164.130  Upon petition by any [person appointed by the court or otherwise as trustee, with the concurrence of the beneficiary or beneficiaries,] trustee or beneficiary, a court having jurisdiction of a trust may transfer supervision of the trust to any [judicial] district court within the State, or to any court outside Nevada which accepts jurisdiction over the trust, when the convenience of beneficiaries, trustees, attorneys or other interested persons makes a transfer desirable.

      Sec. 2.  NRS 166.040 is hereby amended to read as follows:

      166.040  1.  Any person competent by law to execute a will or deed may, by writing only, duly executed, by will, conveyance or other writing, create a spendthrift trust in real, personal or mixed property for the benefit of:

      (a) A person other than the settlor;

      (b) The settlor if the writing is irrevocable, does not require that any part of the income or principal of the trust be distributed to the settlor, and was not intended to hinder, delay or defraud known creditors; or

      (c) Both the settlor and another person if the writing meets the requirements of paragraph (b).

      2.  For the purposes of this section, a writing:

      (a) Is “irrevocable” even if the settlor may prevent a distribution from the trust or holds a testamentary special power of appointment or similar power.

      (b) Does not “require” a distribution to the settlor if the trust instrument provides that he may receive it only in the discretion of another person.

      Sec. 3.  NRS 166.170 is hereby amended to read as follows:

      166.170  1.  A person may not bring an action with respect to a transfer of property to a spendthrift trust:

      [1.] (a) If he is a creditor when the transfer is made, unless the action is commenced within:

      [(a)] (1) Two years after the transfer is made; or

      [(b)] (2) Six months after he discovers or reasonably should have discovered the transfer,

Ê whichever is later.

 


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      [2.] (b) If he becomes a creditor after the transfer is made, unless the action is commenced within 2 years after the transfer is made.

      2.  A person shall be deemed to have discovered a transfer at the time a public record is made of the transfer, including, without limitation, the conveyance of real property that is recorded in the office of the county recorder of the county in which the property is located or the filing of a financing statement pursuant to chapter 104 of NRS.

      3.  As used in this section, “creditor” has the meaning ascribed to it in subsection 4 of NRS 112.150.

      Sec. 4.  NRS 21.080 is hereby amended to read as follows:

      21.080  1.  All goods, chattels, [moneys] money and other property, real and personal, of the judgment debtor, or any interest therein of the judgment debtor not exempt by law, and all property and rights of property seized and held under attachment in the action, [shall be] are liable to execution. Subject to the provisions of chapter 104 of NRS, shares and interests in any corporation or company, and debts and credits and other property not capable of manual delivery, may be attached in execution in like manner as upon writs of attachments. Gold dust and bullion [shall] must be returned by the officer as so much money collected, at its current value, without exposing the same to sale. Until a levy, property [shall] is not [be] affected by the execution.

      2.  This chapter does not authorize the seizure of, or other interference with, any money, thing in action, lands or other property held in spendthrift trust for a judgment debtor, or held in such trust for any beneficiary, pursuant to any judgment, order or process of any bankruptcy or other court directed against any such beneficiary or his trustee . [, where the trust has been created by, or] This subsection does not apply to the interest of the beneficiary of a trust where the fund so held in trust has proceeded from [, any person other than the judgment debtor or beneficiary himself.] the beneficiary unless:

      (a) The beneficiary is the settlor of the trust; and

      (b) The trust is a spendthrift trust that was created in compliance with the provisions of chapter 166 of NRS.

      Sec. 5.  Chapter 132 of NRS is hereby amended by adding thereto a new section to read as follows:

      “District court” or “court” means a district court of this State sitting in probate or otherwise adjudicating matters pursuant to this title.

      Sec. 6.  NRS 132.025 is hereby amended to read as follows:

      132.025  As used in this title, unless the context otherwise requires, the words and terms defined in NRS 132.030 to 132.370, inclusive, and section 5 of this act have the meanings ascribed to them in those sections.

      Sec. 7.  NRS 134.060 is hereby amended to read as follows:

      134.060  If there is no issue, surviving spouse, or father or mother, then the estate goes in equal shares to the brothers and sisters of the decedent and to the children of any deceased brother or sister [by right of representation.] in equal shares, per capita.

      Sec. 8.  NRS 143.100 is hereby amended to read as follows:

      143.100  If any person, before the granting of letters, converts, takes or alienates any of the money, goods, chattels or effects of a decedent, that person is chargeable and liable to an action by the personal representative for [double] triple the value of the property so converted, taken or alienated, to be recovered for the benefit of the estate.

 


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ê2007 Statutes of Nevada, Page 896 (Chapter 251, SB 420)ê

 

      Sec. 9.  NRS 145.040 is hereby amended to read as follows:

      145.040  If it is made to appear to the court that the gross value of the estate , after deducting any encumbrances, does not exceed $200,000, the court may, if deemed advisable considering the nature, character and obligations of the estate, enter an order for a summary administration of the estate.

      Sec. 10.  NRS 145.110 is hereby amended to read as follows:

      145.110  If at any time after the entry of an order for the summary administration of an estate it appears that the gross value of the estate , after deducting any encumbrances, exceeds $200,000 as of the death of the decedent, the personal representative shall petition the court for an order revoking summary administration. The court may, if deemed advisable considering the nature, character and obligations of the estate, provide in its order revoking summary administration that regular administration of the estate may proceed unabated upon providing such portions of the regular proceedings and notices as were dispensed with by the order for summary administration.

      Sec. 11.  NRS 146.070 is hereby amended to read as follows:

      146.070  1.  If a person dies leaving an estate the gross value of which, after deducting any encumbrances, does not exceed [$75,000,] $100,000, and there is a surviving spouse or minor child or minor children of the decedent, the estate must not be administered upon, but the whole estate, after directing such payments as may be deemed just, must be, by an order for that purpose, assigned and set apart for the support of the surviving spouse or minor child or minor children, or for the support of the minor child or minor children, if there is no surviving spouse. Even if there is a surviving spouse, the court may, after directing such payments, set aside the whole of the estate to the minor child or minor children, if it is in their best interests.

      2.  If there is no surviving spouse or minor child of the decedent and the gross value of a decedent’s estate, after deducting any encumbrances, does not exceed [$75,000,] $100,000, upon good cause shown, the court shall order that the estate not be administered upon, but the whole estate be assigned and set apart in the following order:

      (a) To the payment of funeral expenses, expenses of last illness, money owed to the Department of Health and Human Services as a result of payment of benefits for Medicaid and creditors, if there are any; and

      (b) Any balance remaining to the claimant or claimants entitled thereto pursuant to a valid will of the decedent, and if there is no valid will, pursuant to intestate succession.

      3.  Proceedings taken under this section, whether or not the decedent left a valid will, must not begin until at least 30 days after the death of the decedent and must be originated by a petition containing:

      (a) A specific description of all the decedent’s property.

      (b) A list of all the liens and mortgages of record at the date of the decedent’s death.

      (c) An estimate of the value of the property.

      (d) A statement of the debts of the decedent so far as known to the petitioner.

      (e) The names and residences of the heirs and devisees of the decedent and the age of any who is a minor and the relationship of the heirs and devisees to the decedent, so far as known to the petitioner.

 


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ê2007 Statutes of Nevada, Page 897 (Chapter 251, SB 420)ê

 

      4.  The clerk shall set the petition for hearing and the petitioner shall give notice of the petition and hearing in the manner provided in NRS 155.010 to the decedent’s heirs and devisees and to the Director of the Department of Health and Human Services. If a complete copy of the petition is not enclosed with the notice, the notice must include a statement setting forth to whom the estate is being set aside.

      5.  No court or clerk’s fees may be charged for the filing of any petition in, or order of court thereon, or for any certified copy of the petition or order in an estate not exceeding $2,500 in value.

      6.  If the court finds that the gross value of the estate, less encumbrances, does not exceed the sum of [$75,000,] $100,000, the court may direct that the estate be distributed to the father or mother of a minor heir or devisee, with or without the filing of any bond, or to a custodian under chapter 167 of NRS, or may require that a general guardian be appointed and that the estate be distributed to the guardian, with or without bond, as in the discretion of the court is deemed to be in the best interests of the minor. The court may direct the manner in which the money may be used for the benefit of the minor.

      Sec. 12.  NRS 153.031 is hereby amended to read as follows:

      153.031  1.  A trustee or beneficiary may petition the court regarding any aspect of the affairs of the trust, including:

      (a) Determining the existence of the trust;

      (b) Determining the construction of the trust instrument;

      (c) Determining the existence of an immunity, power, privilege, right or duty;

      (d) Determining the validity of a provision of the trust;

      (e) Ascertaining beneficiaries and determining to whom property is to pass or be delivered upon final or partial termination of the trust, to the extent not provided in the trust instrument;

      (f) Settling the accounts and reviewing the acts of the trustee, including the exercise of discretionary powers;

      (g) Instructing the trustee;

      (h) Compelling the trustee to report information about the trust or account, to the beneficiary;

      (i) Granting powers to the trustee;

      (j) Fixing or allowing payment of the trustee’s compensation, or reviewing the reasonableness of his compensation;

      (k) Appointing or removing a trustee;

      (l) Accepting the resignation of a trustee;

      (m) Compelling redress of a breach of the trust;

      (n) Approving or directing the modification or termination of the trust;

      (o) Approving or directing the combination or division of trusts; [and]

      (p) Amending or conforming the trust instrument in the manner required to qualify the estate of a decedent for the charitable estate tax deduction under federal law, including the addition of mandatory requirements for a charitable-remainder trust [.] ; and

      (q) Compelling compliance with the terms of the trust or other applicable law.

      2.  A petition under this section must state the grounds of the petition and the name and address of each interested person, including the Attorney General if the petition relates to a charitable trust, and the relief sought by the petition. Except as otherwise provided in this chapter, the clerk shall set the petition for hearing and the petitioner shall give notice for the period and in the manner provided in NRS 155.010.

 


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ê2007 Statutes of Nevada, Page 898 (Chapter 251, SB 420)ê

 

petition for hearing and the petitioner shall give notice for the period and in the manner provided in NRS 155.010. The court may order such further notice to be given as may be proper.

      3.  If the court grants any relief to the petitioner, the court may, in its discretion, order any or all of the following additional relief if the court determines that such additional relief is appropriate to redress or avoid an injustice:

      (a) Order a reduction in the trustee’s compensation.

      (b) Order the trustee to pay to the petitioner or any other party all reasonable costs incurred by the party to adjudicate the affairs of the trust pursuant to this section, including, without limitation, reasonable attorney’s fees. The trustee may not be held personally liable for the payment of such costs unless the court determines that the trustee was negligent in the performance of or breached his fiduciary duties.

________

 

CHAPTER 252, SB 430

Senate Bill No. 430–Senator Schneider

 

CHAPTER 252

 

AN ACT relating to the Legislative Counsel Bureau; authorizing the Director to include the sale of souvenir wine with other souvenirs sold in the Legislative Gift Shop; and providing other matters properly relating thereto.

 

[Approved: May 31, 2007]

 

Legislative Counsel’s Digest:

      Existing law authorizes the Director of the Legislative Counsel Bureau to approve the purchase and sale of souvenirs of the Nevada Legislature and of the State of Nevada. (NRS 218.6845) Pursuant to this authority, the Legislative Gift Shop was established. Section 1 of this bill authorizes the Director to include the sale of souvenir wine in the gift shop. Sections 2, 3 and 4 of this bill exempt the Legislative Counsel Bureau from licensing requirements with respect to the purchase and sale of souvenir wine in the gift shop. (NRS 244.350, 268.090, 369.180)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 218.6845 is hereby amended to read as follows:

      218.6845  1.  The Director may approve the purchase and sale of souvenirs of the Nevada Legislature and of the State of Nevada in the legislative building or any building maintained for the use of the Legislature or the Legislative Counsel Bureau. Such souvenirs may include, without limitation, souvenir wine. The Director shall fix reasonable fees for the items which must in the aggregate at least cover the cost to the Legislative Counsel Bureau of purchasing and selling the items.

      2.  The money received from the sale of souvenirs must be deposited in a revolving account in the Legislative Fund. The money in the revolving account must be used to purchase additional souvenirs for sale and pay any other expenses related to the sale of souvenirs deemed appropriate by the Director.

 


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ê2007 Statutes of Nevada, Page 899 (Chapter 252, SB 430)ê

 

Director. The balance in the revolving account not exceeding $150,000 must not be reverted to the Legislative Fund at the end of the fiscal year.

      Sec. 2.  NRS 244.350 is hereby amended to read as follows:

      244.350  1.  The board of county commissioners and, in a county whose population is less than 400,000, the sheriff of that county, constitute a liquor board. The liquor board may, without further compensation, grant or refuse liquor licenses, and revoke those licenses whenever there is, in the judgment of a majority of the board, sufficient reason for revocation. The board shall elect a chairman from among its members.

      2.  [The] Except as otherwise provided in this section, the liquor board in each of the several counties shall enact ordinances:

      (a) Regulating the sale of intoxicating liquors in their respective counties.

      (b) Fixing the hours of each day during which liquor may be sold or disposed of.

      (c) Prescribing the conditions under which liquor may be sold or disposed of.

      (d) Prohibiting the employment or service of minors in the sale or disposition of liquor.

      (e) Prohibiting the sale or disposition of liquor in places where, in the judgment of the board, the sale or disposition may tend to create or constitute a public nuisance, or where by the sale or disposition of liquor a disorderly house or place is maintained.

      3.  In a county whose population is 400,000 or more, the liquor board shall refer any petition for a liquor license to the metropolitan police department. The department shall conduct an investigation relating to the petition and report its findings to the liquor board at the next regular meeting of the board.

      4.  All liquor dealers within any incorporated city are exempt from the effect of this section, and are to be regulated only by the government of that city.

      5.  The liquor board may deny or refuse to renew the license of a person who has willfully violated the provisions of NRS 369.630 more than three times in any 24-month period.

      6.  The liquor board shall not deny a license to a person solely because he is not a citizen of the United States.

      7.  The Legislative Counsel Bureau is exempt from the provisions of this section with respect to the purchase and sale of souvenir wine pursuant to NRS 218.6845.

      Sec. 3.  NRS 268.090 is hereby amended to read as follows:

      268.090  1.  In addition to any authority or power now provided by the charter of any incorporated city in this State, whether incorporated by general or special act, or otherwise, except as otherwise provided in this section, there is hereby granted to each of the cities incorporated under any law of this State the power and authority to fix, impose and collect a license tax on, and regulate the sale of, beer, wines or other beverages now or hereafter authorized to be sold by act of Congress.

      2.  An incorporated city may deny or refuse to renew the license of a person who has willfully violated the provisions of NRS 369.630 more than three times in any 24-month period.

      3.  An incorporated city shall not deny a license to a person solely because he is not a citizen of the United States.

 


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ê2007 Statutes of Nevada, Page 900 (Chapter 252, SB 430)ê

 

      4.  The Legislative Counsel Bureau is exempt from the provisions of this section with respect to the purchase and sale of souvenir wine pursuant to NRS 218.6845.

      Sec. 4.  (Deleted by amendment.)

________

 

CHAPTER 253, SB 457

Senate Bill No. 457–Committee on Finance

 

CHAPTER 253

 

AN ACT relating to local financial administration; authorizing the creation of a trust fund for the management of certain retirement benefits provided by a local government; providing for the administration and investment of such a trust fund; and providing other matters properly relating thereto.

 

[Approved: May 31, 2007]

 

Legislative Counsel’s Digest:

      Section 3 of this bill allows a local government to establish an irrevocable trust fund for the purpose of providing health insurance or other retirement benefits, other than a pension, to its retired employees, and to use the trust fund to accumulate the funding necessary for the future provision of those benefits. Section 3 requires the appointment of a board of trustees to administer the trust fund, and provides for various limitations on the powers and duties of the board of trustees, including its authority to invest the money in the trust fund.

      Section 5 of this bill provides for the investment of any money in such a trust fund together with any assets of the Public Employees’ Benefits Program in the same manner as the money in the Public Employees’ Retirement Fund is invested.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Sections 1 and 2.  (Deleted by amendment.)

      Sec. 3.  Chapter 287 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Notwithstanding any other provision of law, the governing body of any local government which provides retirement benefits to retired employees of that local government and the spouses and dependents of those employees may, in addition to any other power granted by law, establish a trust fund for that purpose in accordance with the provisions of this section.

      2.  If the governing body of a local government establishes a trust fund pursuant to this section:

      (a) That local government may, within the limitations of its budget, make contributions to the trust fund in such an amount as it determines, in accordance with generally accepted accounting principles, to be appropriate to provide, in whole or in part, the funding necessary for any future retirement benefits to which the retired employees of that local government and the spouses and dependents of those employees may be entitled pursuant to the benefits plan of that local government.

 


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ê2007 Statutes of Nevada, Page 901 (Chapter 253, SB 457)ê

 

      (b) All contributions to the trust fund, and any interest and income earned on the money in the trust fund, must be held in trust and used only to:

             (1) Provide, for the benefit of retired employees of that local government and the spouses and dependents of those employees, retirement benefits in accordance with the benefits plan of that local government; and

             (2) Pay any reasonable administrative expenses incident to the provision of those benefits and the administration of the trust.

      (c) All contributions to the trust fund are irrevocable and become the property of the beneficiaries of the trust.

      (d) The assets of the trust fund are not subject to the claims of any creditors of:

             (1) That local government;

             (2) The administrator of the benefits plan of that local government; or

             (3) The beneficiaries of the trust.

      (e) The trust fund must be administered by a board of trustees appointed by the governing body of that local government to act in a fiduciary capacity for the beneficiaries of the trust. The board of trustees shall be deemed to be a governmental entity for the purposes of chapter 239 of NRS and a public body for the purposes of chapter 241 of NRS, and the members of the board of trustees shall be deemed to be public officers for the purposes of NRS 281.411 to 281.581, inclusive. Neither the trust nor the board of trustees shall be deemed to be a local government for the purposes of chapter 350 or 354 of NRS, and except as otherwise provided in this section and section 5 of this act, no statutory limitation on the investment of public money shall be deemed to apply to the trust. The governing body:

             (1) Must require the board of trustees to administer the trust in accordance with generally accepted accounting principles and actuarial studies applicable to the future provision of retirement benefits to retired employees and the spouses and dependents of those employees; and

             (2) May authorize the board of trustees to employ such staff and contract for the provision of such management, investment and other services, including, without limitation, the services of accountants, actuaries, attorneys and investment managers, as are necessary for the administration of the trust fund.

      (f) The constituent documents that establish the trust must:

             (1) Set forth the powers and duties of the board of trustees, which may include any powers and duties that may be exercised by a nonprofit corporation under the laws of this State, but which must not include the power to borrow money or be inconsistent with the provisions of this section;

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

             (3) Provide for an audit of the trust by an independent certified public accountant at least annually, the results of which must be reported to the governing body of that local government.

      (g) Subject to the provisions of paragraph (h) and except as otherwise provided in paragraph (i), the assets of the trust fund or any portion of those assets may, as directed by the board of trustees appointed pursuant to paragraph (e):

 


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ê2007 Statutes of Nevada, Page 902 (Chapter 253, SB 457)ê

 

those assets may, as directed by the board of trustees appointed pursuant to paragraph (e):

             (1) Be deposited in or withdrawn from the Retirement Benefits Investment Fund established pursuant to section 5 of this act;

             (2) Be invested in any investment which is authorized for a local government pursuant to NRS 355.170; or

             (3) Be invested in any stocks or other equity securities or bonds or other debt securities which:

                   (I) Are traded on a public securities market;

                   (II) Are approved by the Committee on Local Government Finance or included in any category of stocks or other equity securities or bonds or other debt securities which is approved by the Committee on Local Government Finance; and

                   (III) Persons of prudence, discretion and intelligence acquire or retain for their own account,

Ê except that in no case may the assets of the trust fund include more than 5 percent of the equity or debt of any single business entity and in no case may more than 5 percent of the assets of the trust fund be invested in the equity or debt of any single business entity.

      (h) The assets of the trust fund may be pooled for the purposes of investment with the assets of any trust funds established by any other local governments pursuant to this section only if each participating local government’s proportionate share of the pool of assets:

             (1) Is accounted for separately;

             (2) Is used to provide retirement benefits solely to the retired employees of that local government and the spouses and dependents of those employees; and

             (3) Is not subject to any liabilities of any other local governments.

      (i) The board of trustees appointed pursuant to paragraph (e) shall not deposit any of the assets of the trust fund in the Retirement Benefits Investment Fund established pursuant to section 5 of this act unless the board obtains an opinion from the legal counsel for that local government that the investment of those assets in accordance with section 5 of this act will not violate the provisions of Section 10 of Article 8 of the Constitution of the State of Nevada.

      3.  The Committee on Local Government Finance may, in the manner prescribed for state agencies in chapter 233B of NRS, adopt such regulations as it determines to be appropriate for the administration and interpretation of the provisions of this section.

      4.  As used in this section:

      (a) “Benefits plan” means a plan established by a local government or required by law for the provision of retirement benefits to retired employees of a local government and the spouses and dependents of those employees.

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

      (c) “Retirement benefits” means any retirement benefits other than a pension and includes, without limitation, life, accident or health insurance, or any combination of such benefits.

      Sec. 4.  NRS 287.040 is hereby amended to read as follows:

      287.040  The provisions of NRS 287.010 to 287.040, inclusive, and section 3 of this act do not make it compulsory upon any governing body of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada, except as otherwise provided in NRS 287.021 or in an agreement entered into pursuant to subsection 3 of NRS 287.015, to pay any premiums, contributions or other costs for group insurance, a plan of benefits or medical or hospital services established pursuant to NRS 287.010, 287.015, 287.

 


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ê2007 Statutes of Nevada, Page 903 (Chapter 253, SB 457)ê

 

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

      Sec. 5.  Chapter 355 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Retirement Benefits Investment Board is hereby created. The membership of the Board consists of the members of the Public Employees’ Retirement Board, who shall serve in that capacity ex officio and without any additional compensation.

      2.  The Board shall establish and administer a fund to be known as the Retirement Benefits Investment Fund for the investment of money deposited with the Board pursuant to subsection 5 or section 3 of this act. Any money received by the Board pursuant to subsection 5 or section 3 of this act shall be deemed to be held for investment purposes only and not in any fiduciary capacity. Any money in the Fund must be invested in the same manner as money in the Public Employees’ Retirement Fund is invested. The interest and income earned on the money in the Fund, after deducting any applicable charges, must be credited to the Fund.

      3.  The Board may assess reasonable charges against the Fund for the payment of its expenses in administering the Fund. No other money may be withdrawn from the Fund except as directed by the board responsible for that money pursuant to subsection 5 or section 3 of this act, as applicable.

      4.  Except as otherwise provided in this section, the Board has the same powers and duties in carrying out the provisions of this section as those pertaining to the administration of the Public Employees’ Retirement Fund by the Public Employees’ Retirement Board. The Retirement Benefits Investment Board may employ such staff and contract for the provision of such management, investment and other services, including, without limitation, the services of accountants, actuaries, attorneys and investment managers, as are necessary for the administration of the Fund and to carry out the provisions of this section.

      5.  Notwithstanding any other provision of law, the Board of the Public Employees’ Benefits Program may deposit any of the assets of the Public Employees’ Benefits Program in the Fund for purposes of investment if it obtains an opinion from its legal counsel that the investment of those assets in accordance with this section will not violate any of the provisions of Sections 9 and 10 of Article 8 of the Constitution of the State of Nevada.

      6.  As used in this section, unless the context otherwise requires:

      (a) “Board” means the Retirement Benefits Investment Board created pursuant to this section.

 


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ê2007 Statutes of Nevada, Page 904 (Chapter 253, SB 457)ê

 

      (b) “Fund” means the Retirement Benefits Investment Fund created pursuant to this section.

      Sec. 6.  (Deleted by amendment.)

      Sec. 7.  This act becomes effective on July 1, 2007.

________

 

CHAPTER 254, SB 486

Senate Bill No. 486–Committee on Natural Resources

 

CHAPTER 254

 

AN ACT relating to agriculture; making various changes concerning brands and marks; clarifying that a person who has the legal authority to act on behalf of the deceased owner of a brand or mark may transfer the ownership of the brand or mark under certain conditions; and providing other matters properly relating thereto.

 

[Approved: May 31, 2007]

 

Legislative Counsel’s Digest:

      Existing law requires the owner of animals that graze upon the open range to design and adopt a brand or other mark to identify his animals, record the brand or mark with the State Department of Agriculture and pay a recording fee. (NRS 564.025, 564.080) The Department’s policy allows the owner of a brand or other mark to change his name as it appears in the record maintained by the Department without paying the recording fee if the owner wishes to change his name because of certain specified changes in his circumstances, such as a marriage, divorce or an adoption.

      Section 2 of this bill expands the Department’s policy and codifies it. Section 2 authorizes an owner to apply for a change of name in the records on the basis of any event, transaction or other occurrence that results only in a change in the name of the owner and not a change in the ownership of the brand.

      The Department’s policy requires the owner of a brand or mark who is a minor at the time his brand is recorded to include the name of a parent or guardian in the record. Section 2 of this bill authorizes such an owner to remove the name of the parent or guardian from the record once the owner turns 18.

      Section 2 of this bill requires an owner who requests a change in the record to provide the Department with written proof of the occurrence that is the basis for the change. Section 2 requires the Department to make the change in the record if doing so does not affect the ownership of the brand or create confusion concerning its ownership. Section 4 of this bill authorizes the Department to establish a fee for changing the record.

      Section 3 of this bill clarifies existing law by specifying that a person who has the legal authority to act on behalf of the owner of a brand who has died may perform any act that is required by the Department to transfer the ownership of the brand. (Title 12 of NRS)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 564 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  1.  The owner of a brand or brand and mark or marks whose ownership is recorded by the Department pursuant to NRS 564.070 may apply to the Department to amend the record:

 


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ê2007 Statutes of Nevada, Page 905 (Chapter 254, SB 486)ê

 

      (a) By changing his name as it appears in the record if:

             (1) The owner’s name is changed by court order pursuant to an adoption, a divorce, an adjudication of paternity, a petition for a change of name or other legal proceeding;

             (2) The owner changes his name upon marriage;

             (3) The owner transfers the ownership of the brand or brand and mark or marks to or from a revocable trust of which he is a beneficiary;

             (4) The record shows that the brand or brand and mark or marks is owned by joint tenants with the right of survivorship and the owner is the surviving joint tenant;

             (5) The owner is a partnership, corporation or other business entity and the change in the name of the owner is the result of a change in the identity or form of the business entity or a transfer of the ownership of the brand, brand and mark or marks to a business entity that has identical common ownership; or

             (6) The owner applies on the basis of a comparable event, transaction or other occurrence.

      (b) By removing the name of a person who is included in the record in the capacity of a parent or guardian of the owner if the owner was a minor at the time his ownership was recorded by the Department and the owner is 18 years of age or older.

      2.  An application to amend the record pursuant to this section must be:

      (a) On a form provided by the Department; and

      (b) Accompanied by written proof of the event, transaction or other occurrence that is the basis for the application.

      3.  If the Department determines that the requested amendment to the record does not affect the ownership of a brand or brand and mark or marks or create confusion concerning its ownership, the Department shall:

      (a) Amend the record by changing the name of the owner or removing the name of the parent or guardian of the owner; and

      (b) Provide the owner with an amended certificate of recordation.

      Sec. 3.  1.  Upon the death of the owner of a brand, brand and mark or marks, the personal representative of the deceased owner, or any other person with the legal authority to act on behalf of the deceased owner, may execute any written instrument and perform any other act required by the Department to transfer the ownership of the brand or brand and mark or marks.

      2.  A person who wishes to act on behalf of a deceased owner pursuant to this section must provide the Department with written proof of his legal authority to act on behalf of the deceased owner.

      3.  As used in this section, “personal representative” has the meaning ascribed to it in NRS 132.265.

      Sec. 4.  NRS 564.080 is hereby amended to read as follows:

      564.080  Except as otherwise provided in [NRS 564.010 to 564.150, inclusive,] this chapter, the Department may establish and collect reasonable fees for:

      1.  The recording of brands or brands and marks;

      2.  The rerecording of brands or brands and marks;

      3.  The recording of instruments transferring ownership of brands or brands and marks;

 


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ê2007 Statutes of Nevada, Page 906 (Chapter 254, SB 486)ê

 

      4.  Certificates of recordation or rerecordation of brands or brands and marks; [or]

      5.  Amending the record of ownership of brands or brands and marks and furnishing amended certificates of recordation; or

      6.  The processing and continuing administration of a security agreement, provisional assignment or legal lien relating to a brand or brand and mark or marks of record for purposes of NRS 564.110.

      Sec. 5.  NRS 564.150 is hereby amended to read as follows:

      564.150  Any person violating any of the provisions of [NRS 564.010 to 564.140, inclusive:] this chapter:

      1.  Is guilty of a misdemeanor, except that any person who violates the provisions of subsection 3 of NRS 564.140 is guilty of a gross misdemeanor.

      2.  In addition to any criminal penalty, shall pay to the Department an administrative fine of not more than $1,000 per violation.

Ê If an administrative fine is imposed pursuant to this section, the costs of the proceeding, including investigative costs and attorney’s fees, may be recovered by the Department.

      Sec. 6.  This act becomes effective upon passage and approval.

________

 

CHAPTER 255, SB 491

Senate Bill No. 491–Committee on Legislative Operations and Elections

 

CHAPTER 255

 

AN ACT relating to persons with disabilities; establishing the preferred manner of referring to such persons in Nevada Revised Statutes and the Nevada Administrative Code; and providing other matters properly relating thereto.

 

[Approved: May 31, 2007]

 

Legislative Counsel’s Digest:

      This bill establishes the preferred manner of referring to persons with disabilities in Nevada Revised Statutes and the Nevada Administrative Code. This bill requires the Legislative Counsel, to the extent practicable, to ensure that persons with physical, mental or cognitive disabilities are referred to in Nevada Revised Statutes using language that is commonly viewed as respectful and sentence structure that refers to the person before referring to his disability, and provides that it is the policy of this State that such persons are referred to in a similar manner in the Nevada Administrative Code.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 220 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Legislative Counsel shall, to the extent practicable, ensure that persons with physical, mental or cognitive disabilities are referred to in Nevada Revised Statutes using language that is commonly viewed as respectful and sentence structure that refers to the person before referring to his disability.

 


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ê2007 Statutes of Nevada, Page 907 (Chapter 255, SB 491)ê

 

Nevada Revised Statutes using language that is commonly viewed as respectful and sentence structure that refers to the person before referring to his disability.

      2.  Words and terms that are preferred for use in Nevada Revised Statutes include, without limitation, “persons with disabilities,” “persons with mental illness,” “persons with mental retardation” and other words and terms that are structured in a similar manner.

      3.  Words and terms that are not preferred for use in Nevada Revised Statutes include, without limitation, “disabled,” “handicapped,” “mentally disabled,” “mentally ill,” “mentally retarded” and other words and terms that tend to equate the disability with the person.

      Sec. 2.  NRS 233B.062 is hereby amended to read as follows:

      233B.062  1.  It is the policy of this State that every regulation of an agency be made easily accessible to the public and expressed in clear and concise language. To assist in carrying out this policy:

      (a) The Attorney General must develop guidelines for drafting regulations; and

      (b) Every permanent regulation must be incorporated, excluding any forms used by the agency, any publication adopted by reference, the title, any signature and other formal parts, in the Nevada Administrative Code, and every emergency or temporary regulation must be distributed in the same manner as the Nevada Administrative Code.

      2.  It is the policy of this State that persons with physical, mental or cognitive disabilities are to be referred to in the Nevada Administrative Code using language that is commonly viewed as respectful and sentence structure that refers to the person before referring to his disability, in the same manner as provided in section 1 of this act for Nevada Revised Statutes.

      3.  The Legislative Counsel shall:

      (a) Include each permanent regulation in the Nevada Administrative Code; and

      (b) Distribute in the same manner as the Nevada Administrative Code each emergency or temporary regulation,

Ê that is required to be adopted pursuant to the provisions of this chapter and which is adopted by an entity other than an agency.

      [3.] 4.  The Legislative Commission may authorize inclusion in the Nevada Administrative Code of the regulations of an agency otherwise exempted from the requirements of this chapter.

      Sec. 3.  The Legislative Counsel shall:

      1.  In preparing the reprint and supplements to Nevada Revised Statutes in 2007, appropriately change any words and terms in Nevada Revised Statutes in the manner that the Legislative Counsel determines necessary to conform those words and terms to the provisions of section 1 of this act.

      2.  In preparing supplements to the Nevada Administrative Code, appropriately change any words and terms in the Nevada Administrative Code in the manner that the Legislative Counsel determines necessary to conform those words and terms to the provisions of subsection 2 of NRS 233B.062, as amended by section 2 of this act.

      Sec. 4.  This act becomes effective on July 1, 2007.

________

 


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ê2007 Statutes of Nevada, Page 908ê

 

CHAPTER 256, SB 500

Senate Bill No. 500–Committee on Government Affairs

 

CHAPTER 256

 

AN ACT relating to insurance; authorizing legal services organizations to contract with local governmental agencies for the provision of insurance; and providing other matters properly relating thereto.

 

[Approved: May 31, 2007]

 

Legislative Counsel’s Digest:

      Under existing law, local governmental agencies are authorized to provide group life, accident and health insurance for their employees. (NRS 287.010) This bill authorizes a legal services organization to contract with a local governmental agency in the county in which the legal services organization is located for the provision of insurance to the officers and employees of the legal services organization. Such a contract must require the officers and employees of the legal services organization to pay the premiums for the insurance and does not become effective unless approved by the Commissioner of Insurance.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 287.010 is hereby amended to read as follows:

      287.010  1.  The governing body of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada may:

      (a) Adopt and carry into effect a system of group life, accident or health insurance, or any combination thereof, for the benefit of its officers and employees, and the dependents of officers and employees who elect to accept the insurance and who, where necessary, have authorized the governing body to make deductions from their compensation for the payment of premiums on the insurance.

      (b) Purchase group policies of life, accident or health insurance, or any combination thereof, for the benefit of such officers and employees, and the dependents of such officers and employees, as have authorized the purchase, from insurance companies authorized to transact the business of such insurance in the State of Nevada, and, where necessary, deduct from the compensation of officers and employees the premiums upon insurance and pay the deductions upon the premiums.

      (c) Provide group life, accident or health coverage through a self-insurance reserve fund and, where necessary, deduct contributions to the maintenance of the fund from the compensation of officers and employees and pay the deductions into the fund. The money accumulated for this purpose through deductions from the compensation of officers and employees and contributions of the governing body must be maintained as an internal service fund as defined by NRS 354.543. The money must be deposited in a state or national bank or credit union authorized to transact business in the State of Nevada. Any independent administrator of a fund created under this section is subject to the licensing requirements of chapter 683A of NRS, and must be a resident of this State. Any contract with an independent administrator must be approved by the Commissioner of Insurance as to the reasonableness of administrative charges in relation to contributions collected and benefits provided.

 


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

ê2007 Statutes of Nevada, Page 909 (Chapter 256, SB 500)ê

 

contributions collected and benefits provided. The provisions of NRS 689B.030 to 689B.050, inclusive, 689B.287 and 689B.575 apply to coverage provided pursuant to this paragraph, except that the provisions of NRS 689B.0359 do not apply to such coverage.

      (d) Defray part or all of the cost of maintenance of a self-insurance fund or of the premiums upon insurance. The money for contributions must be budgeted for in accordance with the laws governing the county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada.

      2.  If a school district offers group insurance to its officers and employees pursuant to this section, members of the board of trustees of the school district must not be excluded from participating in the group insurance. If the amount of the deductions from compensation required to pay for the group insurance exceeds the compensation to which a trustee is entitled, the difference must be paid by the trustee.

      3.  In any county in which a legal services organization exists, the governing body of the county, or of any school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada in the county, may enter into a contract with the legal services organization pursuant to which the officers and employees of the legal services organization, and the dependents of those officers and employees, are eligible for any life, accident or health insurance provided pursuant to this section to the officers and employees, and the dependents of the officers and employees, of the county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency.

      4.  If a contract is entered into pursuant to subsection 3, the officers and employees of the legal services organization:

      (a) Shall be deemed, solely for the purposes of this section, to be officers and employees of the county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency with which the legal services organization has contracted; and

      (b) Must be required by the contract to pay the premiums or contributions for all insurance which they elect to accept or of which they authorize the purchase.

      5.  A contract that is entered into pursuant to subsection 3:

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

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

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

      6.  As used in this section, “legal services organization” means an organization that operates a program for legal aid and receives money pursuant to NRS 19.031.

      Sec. 2.  This act becomes effective on July 1, 2007.

________

 


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

ê2007 Statutes of Nevada, Page 910ê

 

CHAPTER 257, SB 503

Senate Bill No. 503–Committee on Taxation

 

CHAPTER 257

 

AN ACT relating to state revenue; requiring the payment of a penalty and interest for failure to pay to the Department of Taxation required licensing fees for exhibitions in a timely manner; providing an exemption from taxation for products made from tobacco, other than cigarettes, under certain circumstances; and providing other matters properly relating thereto.

 

[Approved: May 31, 2007]

 

Legislative Counsel’s Digest:

      Existing law requires a person who conducts a business in this State to have a state business license, but provides an exception for a person who takes part in an exhibition, such as a trade show, craft show or convention, at a facility for purposes related to a business if the person or governmental entity that operates the facility pays to the Department of Taxation a licensing fee on behalf of the person. (NRS 360.767, 360.780, 360.787)

      Section 1 of this bill imposes a penalty of not more than 10 percent of the amount due, plus interest at the rate of 1 percent per month, on persons or governmental entities that fail to pay such required licensing fees to the Department in a timely manner.

      Existing law imposes on the purchase or possession in this State of products made from tobacco, other than cigarettes, a tax of 30 percent of the wholesale price of those products. The wholesale dealer is responsible for collecting and paying the tax. (NRS 370.450)

      Section 2 of this bill provides an exemption from the tax for such products which are acquired free of charge at a trade show, convention or other exhibition or public event in this State, and which do not have significant value as determined by the Department by regulation.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  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, 363A, 363B, 369, 370, 372, 374, 377, 377A, 444A or 585 of NRS, or any fee provided for in NRS 482.313, and any person or governmental entity that fails to pay any fee provided for in NRS 360.787, 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.

 


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

ê2007 Statutes of Nevada, Page 911 (Chapter 257, SB 503)ê

 

      Sec. 2.  NRS 370.450 is hereby amended to read as follows:

      370.450  1.  Except as otherwise provided in subsection 2, there is hereby imposed upon the purchase or possession of products made from tobacco, other than cigarettes, by a customer in this State a tax of 30 percent of the wholesale price of those products.

      2.  The provisions of subsection 1 do not apply to those products which are:

      (a) Shipped out of the State for sale and use outside the State; [or]

      (b) Displayed or exhibited at a trade show, convention or other exhibition in this State by a manufacturer or wholesale dealer who is not licensed in this State [.] ; or

      (c) Acquired free of charge at a trade show, convention or other exhibition or public event in this State, and which do not have significant value as determined by the Department by regulation.

      3.  This tax must be collected and paid by the wholesale dealer to the Department, in accordance with the provisions of NRS 370.465, after the sale or distribution of those products by the wholesale dealer. The wholesale dealer is entitled to retain 0.5 percent of the taxes collected to cover the costs of collecting and administering the taxes if the taxes are paid in accordance with the provisions of NRS 370.465.

      4.  Any wholesale dealer who sells or distributes any of those products without paying the tax provided for by this section is guilty of a misdemeanor.

      Sec. 3.  This act becomes effective on July 1, 2007.

________

 

CHAPTER 258, SB 504

Senate Bill No. 504–Committee on Taxation

 

CHAPTER 258

 

AN ACT relating to state revenue; revising provisions governing the rate of interest paid on overpayments of certain taxes, fees and assessments; and providing other matters properly relating thereto.

 

[Approved: May 31, 2007]

 

Legislative Counsel’s Digest:

      Under existing law, the Department of Taxation is required to pay different rates of interest on refunds or credits of overpayments of taxes collected by the Department. Pursuant to the provisions governing taxes on financial institutions (chapter 363A of NRS), business taxes (chapter 363B of NRS), sales and use taxes (chapter 372 of NRS) and local school support taxes (chapter 374 of NRS), the Department is required to pay interest at the rate of 0.5 percent per month. With regard to certain other taxes collected by the Department for which no specific interest rate is provided, the Department is required by NRS 360.2935 to pay interest at a rate determined pursuant to NRS 17.130, which requires a rate equal to the prime rate plus 2 percent.

      Sections 1-6 of this bill standardize the rate of interest that the Department must pay on refunds or credits of overpayments of certain taxes, fees and assessments collected by the Department and sets that rate at 0.5 percent per month. Taxes collected by the Department that are subject to the standardized rate include taxes on mines and minerals (chapter 362 of NRS), taxes on financial institutions (chapter 363A of NRS), business taxes (chapter 363B of NRS), taxes on live entertainment (chapter 368A of NRS), taxes on intoxicating liquor (chapter 369 of NRS), taxes on tobacco (chapter 370 of NRS), sales and use taxes (chapter 372 of NRS), local school support taxes (chapter 374 of NRS), city-county relief taxes (chapter 377 of NRS) and miscellaneous special taxes (chapter 377A of NRS).

 


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

ê2007 Statutes of Nevada, Page 912 (Chapter 258, SB 504)ê

 

entertainment (chapter 368A of NRS), taxes on intoxicating liquor (chapter 369 of NRS), taxes on tobacco (chapter 370 of NRS), sales and use taxes (chapter 372 of NRS), local school support taxes (chapter 374 of NRS), city-county relief taxes (chapter 377 of NRS) and miscellaneous special taxes (chapter 377A of NRS). Fees and assessments collected by the Department that are subject to the standardized rate include fees on purchases of new tires (NRS 444A.090), fees on leases of passenger cars from short-term lessors (NRS 482.313) and assessments on sales of certain drugs. (NRS 585.497)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 360 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in this section, NRS 360.320 or any other specific statute, and notwithstanding the provisions of NRS 360.2935, interest must be paid upon an overpayment of any tax provided for in chapter 362, 363A, 363B, 369, 370, 372, 374, 377 or 377A, any fee provided for in NRS 444A.090 or 482.313, or any assessment provided for in NRS 585.497, at the rate of 0.5 percent per month from the last day of the calendar month following the period for which the overpayment was made.

      2.  No refund or credit may be made of any interest imposed on the person making the overpayment with respect to the amount being refunded or credited.

      3.  The interest must be paid:

      (a) In the case of a refund, to the last day of the calendar month following the date upon which the person making the overpayment, if he has not already filed a claim, is notified by the Department that a claim may be filed or the date upon which the claim is certified to the State Board of Examiners, whichever is earlier.

      (b) In the case of a credit, to the same date as that to which interest is computed on the tax or the amount against which the credit is applied.

      Sec. 2.  NRS 363A.170 is hereby amended to read as follows:

      363A.170  1.  Except as otherwise provided in this section [and NRS 360.320,] , NRS 360.320 or any other specific statute, interest must be paid upon any overpayment of any amount of the taxes imposed by this chapter at the rate [of 0.5 percent per month, or fraction thereof, from the last day of the calendar month following the calendar quarter for which the overpayment was made. No refund or credit may be made of any interest imposed upon the person making the overpayment with respect to the amount being refunded or credited.

      2.  The interest must be paid:

      (a) In the case of a refund, to the last day of the calendar month following the date upon which the person making the overpayment, if he has not already filed a claim, is notified by the Department that a claim may be filed or the date upon which the claim is certified to the State Board of Examiners, whichever is earlier.

      (b) In the case of a credit, to the same date as that to which interest is computed on the tax or the amount against which the credit is applied.

      3.] set forth in, and in accordance with the provisions of, section 1 of this act.

 


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

ê2007 Statutes of Nevada, Page 913 (Chapter 258, SB 504)ê

 

      2.  If the Department determines that any overpayment has been made intentionally or by reason of carelessness, the Department shall not allow any interest on the overpayment.

      Sec. 3.  NRS 363B.160 is hereby amended to read as follows:

      363B.160  1.  Except as otherwise provided in this section [and NRS 360.320,] , NRS 360.320 or any other specific statute, interest must be paid upon any overpayment of any amount of the taxes imposed by this chapter at the rate [of 0.5 percent per month, or fraction thereof, from the last day of the calendar month following the calendar quarter for which the overpayment was made. No refund or credit may be made of any interest imposed upon the person making the overpayment with respect to the amount being refunded or credited.

      2.  The interest must be paid:

      (a) In the case of a refund, to the last day of the calendar month following the date upon which the person making the overpayment, if he has not already filed a claim, is notified by the Department that a claim may be filed or the date upon which the claim is certified to the State Board of Examiners, whichever is earlier.

      (b) In the case of a credit, to the same date as that to which interest is computed on the tax or the amount against which the credit is applied.

      3.] set forth in, and in accordance with the provisions of, section 1 of this act.

      2.  If the Department determines that any overpayment has been made intentionally or by reason of carelessness, the Department shall not allow any interest on the overpayment.

      Sec. 4.  NRS 368A.270 is hereby amended to read as follows:

      368A.270  1.  Except as otherwise provided in this section and NRS 360.320, interest must be paid upon any overpayment of any amount of the tax imposed by this chapter in accordance with the provisions of NRS 368A.140.

      2.  If the overpayment is paid to the Department, the interest must be paid [:

      (a) In the case of a refund, to the last day of the calendar month following the date upon which the person making the overpayment, if he has not already filed a claim, is notified by the Department that a claim may be filed or the date upon which the claim is certified to the State Board of Examiners, whichever is earlier.

      (b) In the case of a credit, to the same date as that to which interest is computed on the tax or amount against which the credit is applied.] at the rate set forth in, and in accordance with the provisions of, section 1 of this act.

      3.  If the Board or the Department determines that any overpayment has been made intentionally or by reason of carelessness, the Board or the Department shall not allow any interest on the overpayment.

      Sec. 5.  NRS 372.660 is hereby amended to read as follows:

      372.660  [1.]  Except as otherwise provided in NRS 360.320 [,] or any other specific statute, interest must be paid upon any overpayment of any amount of tax at the rate [of one-half of 1 percent per month from the last day of the calendar month following the period for which the overpayment was made. No refund or credit may be made of any interest imposed upon the person making the overpayment with respect to the amount being refunded or credited.

 


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

ê2007 Statutes of Nevada, Page 914 (Chapter 258, SB 504)ê

 

      2.  The interest must be paid:

      (a) In the case of a refund, to the last day of the calendar month following the date upon which the person making the overpayment, if he has not already filed a claim, is notified by the Department that a claim may be filed or the date upon which the claim is certified to the State Board of Examiners, whichever is earlier.

      (b) In the case of a credit, to the same date as that to which interest is computed on the tax or amount against which the credit is applied.] set forth in, and in accordance with the provisions of, section 1 of this act.

      Sec. 6.  NRS 374.665 is hereby amended to read as follows:

      374.665  [1.]  Except as otherwise provided in NRS 360.320 [,] or any other specific statute, interest must be paid upon any overpayment of any amount of tax at the rate [of one-half of 1 percent per month from the last day of the calendar month following the period for which the overpayment was made. No refund or credit may be made of any interest imposed upon the person making the overpayment with respect to the amount being refunded or credited.

      2.  The interest must be paid as follows:

      (a) In the case of a refund, to the last day of the calendar month following the date upon which the person making the overpayment, if he has not already filed a claim, is notified by the Department that a claim may be filed or the date upon which the claim is certified to the board of county commissioners, whichever date is earlier.

      (b) In the case of a credit, to the same date as that to which interest is computed on the tax or amount against which the credit is applied.] set forth in, and in accordance with the provisions of, section 1 of this act.

      Sec. 7.  This act becomes effective on July 1, 2007.

________

 


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

ê2007 Statutes of Nevada, Page 915ê

 

CHAPTER 259, SB 508

Senate Bill No. 508–Committee on Government Affairs

 

CHAPTER 259

 

AN ACT relating to the Department of Information Technology; creating the Office of Information Security within the Department; requiring the Director of the Department to adopt certain regulations; and providing other matters properly relating thereto.

 

[Approved: May 31, 2007]

 

Legislative Counsel’s Digest:

      Existing law creates the Department of Information Technology and includes within the Department two divisions: (1) the Planning and Programming Division; and (2) the Communication and Computing Division. (NRS 242.080) Section 1 of this bill adds to the Department a third component, the Office of Information Security. Existing law directs the Planning and Research Unit of the Planning and Programming Division to develop standards to ensure the security of the information systems of the Executive Branch of Government. (NRS 242.115) Sections 2 and 3 of this bill remove the development of such standards from the list of duties applicable to the Planning and Research Unit and instead require the Director of the Department to adopt such standards by regulation. (NRS 242.111)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 242.080 is hereby amended to read as follows:

      242.080  1.  The Department of Information Technology is hereby created.

      2.  The Department consists of the Director and the:

      (a) Planning and Programming Division.

      (b) Communication and Computing Division.

      (c) Office of Information Security.

      3.  A Planning and Research Unit is hereby created within the Planning and Programming Division of the Department.

      4.  A Communications Unit and a Telecommunications Unit are hereby created within the Communication and Computing Division of the Department.

      Sec. 2.  NRS 242.111 is hereby amended to read as follows:

      242.111  The Director shall adopt regulations necessary for the administration of this chapter, including:

      1.  The policy for the information systems of the Executive Branch of Government, excluding the Nevada System of Higher Education and the Nevada Criminal Justice Information Computer System, as that policy relates, but is not limited, to such items as standards for systems and programming and criteria for selection, location and use of information systems to meet the requirements of state agencies and officers at the least cost to the State;

      2.  The procedures of the Department in providing information services, which may include provision for the performance, by an agency which uses the services or equipment of the Department, of preliminary procedures, such as data recording and verification, within the agency;

 


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

ê2007 Statutes of Nevada, Page 916 (Chapter 259, SB 508)ê

 

      3.  The effective administration of the [Communication and Computing Division,] Department, including , without limitation, security to prevent unauthorized access to information systems and plans for the recovery of systems and applications after they have been disrupted; [and]

      4.  The development of standards to ensure the security of the information systems of the Executive Branch of Government; and

      5.  Specifications and standards for the employment of all personnel of the Department.

      Sec. 3.  NRS 242.115 is hereby amended to read as follows:

      242.115  1.  Except as otherwise provided in subsection 2, the Planning and Research Unit of the Planning and Programming Division of the Department shall:

      (a) Develop policies and standards for the information systems of the Executive Branch of Government;

      (b) Coordinate the development of a biennial state plan for the information systems of the Executive Branch of Government;

      (c) Develop guidelines to assist state agencies in the development of short- and long-term plans for their information systems;

      (d) Develop guidelines and procedures for the procurement and maintenance of the information systems of the Executive Branch of Government;

      [(e) Develop standards to ensure the security of the information systems of the Executive Branch of Government; and

      (f)] and

      (e) Perform other planning and research functions at the direction of the Director.

      2.  This section does not apply to the Nevada System of Higher Education or the Nevada Criminal Justice Information Computer System used to provide support for the operations of law enforcement agencies in this State.

      Sec. 4.  This act becomes effective on July 1, 2007.

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

ê2007 Statutes of Nevada, Page 917ê

 

CHAPTER 260, SB 511

Senate Bill No. 511–Committee on Government Affairs

 

CHAPTER 260

 

AN ACT relating to state financial administration; revising provisions governing deposits of public money; revising provisions governing oversight by the State Treasurer of certain depositories of public money; abolishing the Account for Travel Advances; transferring certain duties relating to travel advances from the State Treasurer to the State Controller; and providing other matters properly relating thereto.

 

[Approved: May 31, 2007]

 

Legislative Counsel’s Digest:

      Section 1 of this bill revises NRS 353.250, which provides that, subject to certain exceptions, all public money received by a state officer, department or commission must be deposited in designated financial institutions on Thursday of each week, to allow such deposits to be made on or before Thursday of each week.

      Section 4 of this bill revises the definition of “public money” set forth in NRS 356.330, which provides that “public money” means money deposited with a depository by the State or a local government, to specify that “public money” means money deposited with a depository by the State Treasurer, certain official custodians of public money and public administrators, but excluding deposits by Native American tribes, the Federal Government or the Public Employees’ Retirement System.

      Sections 5 and 6 of this bill revise provisions governing third-party depositories which, pursuant to NRS 356.340 and 356.360, are authorized to hold securities as collateral against deposits of public money on behalf of a depository for the benefit of the State Treasurer. The revised provisions require that such securities be held for the benefit of a collateral pool pursuant to regulations adopted by the State Treasurer set forth in chapter 356 of NAC.

      Section 6 of this bill also revises the provisions of NRS 356.360 which require that a depository of public money submit to the State Treasurer a weekly report of the total fair market value of securities held by a third-party depository on behalf of the depository, to require that such a weekly report be submitted only if requested by the State Treasurer.

      Sections 7-11 of this bill remove the responsibilities of the State Treasurer relating to cash advances for travel. Section 7 transfers responsibility for issuing checks or warrants for cash advances for travel to the State Controller, and section 11 transfers authority to adopt regulations relating to such cash advances to the State Controller.

      Section 12 of this bill abolishes the Account for Travel Advances which is administered by the State Treasurer and upon which checks are drawn to provide travel advances to state officers and employees, and section 13 of this bill provides for the reversion of the unencumbered money in the Account to the State General Fund.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 353.250 is hereby amended to read as follows:

      353.250  1.  The State Treasurer shall designate the financial institutions into which money received by a state officer, department or commission must be deposited.

 


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ê2007 Statutes of Nevada, Page 918 (Chapter 260, SB 511)ê

 

      2.  Except as otherwise provided in subsections 3 and 4, every state officer, department or commission which receives or which may receive any money of the State of Nevada or for its use and benefit shall deposit on or before Thursday of each week, in a financial institution designated by the State Treasurer to the credit of the State Treasurer’s Account, all money received by that officer, department or commission during the previous week.

      3.  Except as otherwise provided in subsection 4, if on any day the money accumulated for deposit is $10,000 or more, a deposit must be made not later than the next working day.

      4.  If the Department of Wildlife accumulates for deposit $10,000 or more on any day, the money must be deposited within 10 working days.

      5.  Every officer, department or commission which is required to deposit money with the State Treasurer shall comply with that requirement by depositing the money in a financial institution designated by the State Treasurer to the credit of the State Treasurer’s Account.

      6.  Every officer, head of any department or commissioner who fails to comply with the provisions of this section is guilty of a misdemeanor in office.

      7.  As used in this section, “financial institution” means a bank, savings and loan association, thrift company or credit union regulated pursuant to title 55 or 56 of NRS.

      Sec. 2.  Chapter 356 of NRS is hereby amended by adding thereto a new section to read as follows:

      “Acceptable securities” means the securities described in:

      1.  Subsection 1 of NRS 356.020; and

      2.  Subsection 1 of NRS 356.133.

      Sec. 3.  NRS 356.300 is hereby amended to read as follows:

      356.300  As used in NRS 356.300 to 356.390, inclusive, and section 2 of this act, unless the context otherwise requires, the words and terms defined in NRS 356.310 [to 356.340, inclusive,] , 356.330 and 356.340 and section 2 of this act have the meanings ascribed to them in those sections.

      Sec. 4.  NRS 356.330 is hereby amended to read as follows:

      356.330  1.  “Public money” means all money deposited with a depository by [the State or a local government.] any of the following:

      (a) The State Treasurer.

      (b) An official custodian with plenary authority, including control over money belonging to, or held for the benefit of, the State or any of its political subdivisions, public corporations, municipal corporations, courts, or public agencies, boards, commissions or committees. If the exercise of plenary authority over public money requires action by or the consent of two or more recognized official custodians, the official custodians shall be treated as one official custodian having plenary authority over the public money. For the purposes of this paragraph:

            (1) “Control” means the possession of public money and the authority to establish accounts of public money in public depository institutions and to make deposits, withdrawals and disbursements of public money.

             (2) “Official custodian” means the State or any of its political subdivisions, public corporations, municipal corporations, courts, or public agencies, boards, commissions or committees.

      (c) A public administrator acting as a trustee, agent or bailee.

 


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ê2007 Statutes of Nevada, Page 919 (Chapter 260, SB 511)ê

 

      2.  The term does not include money deposited with a depository by:

      (a) A Native American tribe or an agent or representative thereof;

      (b) The Federal Government or an agent or representative thereof; or

      (c) The Public Employees’ Retirement System or an agent or representative thereof.

      Sec. 5.  NRS 356.340 is hereby amended to read as follows:

      356.340  “Third-party depository” means a trust company or trust department of a state, national or federal reserve district bank which is authorized to hold acceptable securities on behalf of a depository for the benefit of a collateral pool [the State Treasurer.] pursuant to regulations adopted by the State Treasurer under NRS 356.390.

      Sec. 6.  NRS 356.360 is hereby amended to read as follows:

      356.360  [1.]  The program established pursuant to NRS 356.350 must provide that:

      [(a)] 1.  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)] 2.  A depository may satisfy the requirement set forth in [paragraph (a)] subsection 1 by arranging for a third-party depository to hold acceptable securities on behalf of the depository for the benefit of a collateral pool [the State Treasurer;

      (c)] pursuant to regulations adopted by the State Treasurer under NRS 356.390;

      3.  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)] 4.  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) A daily report of the total amount of public money held by the depository;

             [(2) A]

      (b) If requested by the State Treasurer, a weekly summary report of the total fair market value of acceptable securities held by a third-party depository on behalf of the depository;

             [(3)] (c) 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)] (d) A current annual report containing the financial statement of the depository; and

      [(e)] 5.  The State Treasurer may impose an administrative fine not to exceed:

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

             (2)] required by subsection 4; and

      (b) Two hundred fifty dollars per day against a depository that fails to maintain the 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.] required by subsection 1.

 


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ê2007 Statutes of Nevada, Page 920 (Chapter 260, SB 511)ê

 

      Sec. 7.  NRS 281.172 is hereby amended to read as follows:

      281.172  1.  Any state officer or employee may apply for advance money for authorized travel expenses and subsistence allowances arising out of his official duties or employment in the amounts as provided for in NRS 281.160 by filing a request with the administrative head of the state office, department or agency by which he is employed.

      2.  If the administrative head or his designee approves the request, he shall process a voucher for a cash advance for travel in the approved amount in the same manner as other claims against the State are processed.

      3.  Unless otherwise approved by the Budget Division of the Department of Administration before the travel occurs, all cash advances for travel issued by the administrative head or his designee must be charged to the budget account to which money was appropriated or authorized for expenditure for the travel.

      4.  If the administrative head or his designee cannot process a cash advance for travel because of a temporary budget restriction, the administrative head or his designee may forward a copy of the request and approval to the State [Treasurer.] Controller.

      5.  Upon receiving a copy of the request and approval from the administrative head or his designee, the State [Treasurer or one of his officers or employees whom he has designated for the purpose] Controller may issue a check or warrant [drawn upon the Account for Travel Advances for the amount of the advance requested.] for the cash advance for travel.

      Sec. 8.  NRS 281.173 is hereby amended to read as follows:

      281.173  A cash advance for travel, when approved by the administrative head or his designee or the State [Treasurer,] Controller, constitutes a lien in favor of the State of Nevada upon the accrued wages of the requesting officer or employee in an amount equal to the sum advanced, but the administrative head or his designee or the State [Treasurer] Controller may, in his discretion, advance more than the amount of the accrued wages of the officer or employee.

      Sec. 9.  NRS 281.174 is hereby amended to read as follows:

      281.174  [1.]  Upon the return of the officer or employee, he is entitled to receive any authorized expenses and subsistence allowances in excess of the amount [advanced, and a sum equal to the advance must be paid into the account from which the advance was made.

      2.  If an advance is not repaid, the administrative head or his designee or the State Treasurer may file a claim with the State Board of Examiners for money to replenish the account from which the advance was made. If the State Board approves the claim it must be paid from the Reserve for Statutory Contingency Account.

      3.  If an officer or employee of an agency terminates his employment after he receives a payment from the Account for Travel Advances but before repayment to the Account, the State Treasurer may collect from the agency the amount] advanced.

      Sec. 10.  NRS 281.1745 is hereby amended to read as follows:

      281.1745  When an officer or employee [receives a cash advance for travel from the State Treasurer or] uses a charge card issued at the request of the State for cash advances or travel expenses, or both, and the receipt of his travel reimbursement may be delayed more than 5 working days after the date of the initial submission of the travel reimbursement claim, the administrative head or his designee shall immediately issue to the officer or employee, for payment to the [State Treasurer or the] issuer of the charge card issued at the request of the State, a cash advance as described in NRS 281.172 in the amount of the [cash advance made by the State Treasurer or the] total travel expenses charged on the charge card .

 


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

ê2007 Statutes of Nevada, Page 921 (Chapter 260, SB 511)ê

 

employee, for payment to the [State Treasurer or the] issuer of the charge card issued at the request of the State, a cash advance as described in NRS 281.172 in the amount of the [cash advance made by the State Treasurer or the] total travel expenses charged on the charge card . [, whichever is applicable.]

      Sec. 11.  NRS 281.175 is hereby amended to read as follows:

      281.175  The State [Treasurer] Controller may make reasonable rules and regulations to carry out the provisions of NRS [281.171] 281.172 to 281.175, inclusive.

      Sec. 12.  NRS 281.171 and 356.320 are hereby repealed.

      Sec. 13.  Any balance remaining in the Account for Travel Advances created by NRS 281.171 that has not been committed for expenditure on or before July 1, 2007, must be reverted to the State General Fund.

      Sec. 14.  This act becomes effective on July 1, 2007.

________

 

CHAPTER 261, SB 519

Senate Bill No. 519–Committee on Government Affairs

 

CHAPTER 261

 

AN ACT relating to abandoned property; making various changes to provisions governing the annual reporting of property presumed abandoned; renaming the Abandoned Property Trust Fund as the Abandoned Property Trust Account and creating the Account in the State General Fund; revising provisions governing transfers from the Account; and providing other matters properly relating thereto.

 

[Approved: May 31, 2007]

 

Legislative Counsel’s Digest:

      Under existing law, the State Treasurer acts as the Administrator of Unclaimed Property in this State. (NRS 120A.025) Abandoned property, such as unclaimed money in bank accounts or held by insurance companies, must be turned over to the Administrator. (NRS 120A.320) The revenues received by the Administrator from unclaimed property must be deposited in the Abandoned Property Trust Fund, and at the end of each fiscal year, distributions are made from the Abandoned Property Trust Fund to the Millennium Scholarship Trust Fund and the State General Fund. (NRS 120A.370) Section 2 of this bill renames the Abandoned Property Trust Fund as the Abandoned Property Trust Account, places the Account in the State General Fund and requires that the first $7,600,000 remaining in the Account must be transferred to the Millennium Scholarship Trust Fund by the end of each fiscal year.

      Under existing law, a person holding money or other property that is presumed abandoned is required to file a verified report with the Administrator concerning the property. (NRS 120A.250) Section 1 of this bill authorizes the Administrator to require such reports to be filed electronically.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 120A.250 is hereby amended to read as follows:

      120A.250  1.  A person holding money or other property presumed abandoned under this chapter shall make a verified report to the Administrator with respect to the property.

 


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

ê2007 Statutes of Nevada, Page 922 (Chapter 261, SB 519)ê

 

      2.  The report must include:

      (a) Except with respect to traveler’s checks and money orders, the name, if known, and last known address, if any, of each person appearing from the records of the holder to be the owner of any property of the value of $50 or more presumed abandoned under this chapter.

      (b) In the case of unclaimed money held by an insurance company, the full name of the insured or annuitant and his last known address according to the records of the company.

      (c) The nature and identifying number, if any, or description of the property and the amount appearing from the records to be due . [, except that items of value under $50 each may be reported in the aggregate.]

      (d) The date when the property became payable, demandable or returnable and the date of the last transaction with the owner with respect to the property.

      (e) Any other information which the Administrator prescribes by regulation as necessary for the administration of this chapter.

      3.  If the person holding property presumed abandoned is a successor to other persons who previously held the property for the owner, or if the holder has changed his name while holding the property, he shall file with his report all [prior] previous known names and addresses of each holder of the property.

      4.  The report must be filed before November 1 of each year for the preceding fiscal year ending June 30 , except that the report of an insurance company must be filed before May 1 of each year for the preceding calendar year. The Administrator may, in writing, postpone the reporting date upon written request by any person required to file a report.

      5.  Verification of the report, if made by:

      (a) A partnership, must be executed by a partner.

      (b) An unincorporated association or private corporation, must be executed by an officer.

      (c) A public entity or corporation, must be executed by its chief fiscal officer.

      6.  The Administrator may require [a person reporting 15 or more items of property pursuant to this section to file the report on diskette in lieu of on paper.] the report to be filed electronically in the manner determined by the Administrator.

      Sec. 2.  NRS 120A.370 is hereby amended to read as follows:

      120A.370  1.  There is hereby created in the State [Treasury] General Fund the Abandoned Property Trust [Fund.] Account.

      2.  All money received by the Administrator under this chapter, including the proceeds from the sale of abandoned property, must be deposited by the Administrator in the State [Treasury] General Fund for credit to the [Abandoned Property Trust Fund.] Account.

      3.  Before making a deposit, the Administrator shall record the name and last known address of each person appearing from the holders’ reports to be entitled to the abandoned property and the name and last known address of each insured person or annuitant, and with respect to each policy or contract listed in the report of an insurance company, its number, the name of the company and the amount due. The record must be available for public inspection at all reasonable business hours.

      4.  The Administrator may pay from money available in the [Abandoned Property Trust Fund:] Account:

 


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

ê2007 Statutes of Nevada, Page 923 (Chapter 261, SB 519)ê

 

      (a) Any costs in connection with the sale of abandoned property.

      (b) Any costs of mailing and publication in connection with any abandoned property.

      (c) Reasonable service charges.

      (d) Any costs incurred in examining the records of a holder and in collecting the abandoned property.

      (e) Any valid claims filed pursuant to this chapter.

      5.  [At] By the end of each fiscal year, the [amount of the] balance in the [Fund in excess of $100,500] Account must be transferred [.] as follows:

      (a) The first $7,600,000 each year must be transferred to the Millennium Scholarship Trust Fund created by NRS 396.926.

      (b) The remainder must be transferred to the State General Fund, but remains subject to the valid claims of holders pursuant to NRS 120A.340 or owners pursuant to NRS 120A.380. No such claim may be satisfied from money in the Millennium Scholarship Trust Fund.

      6.  If there is an insufficient amount of money in the [Abandoned Property Trust Fund] Account to pay any cost or charge pursuant to subsection 4, the State Board of Examiners may, upon the application of the Administrator, authorize a temporary transfer from the State General Fund to the [Abandoned Property Trust Fund] Account of an amount necessary to pay those costs or charges. The Administrator shall repay the amount of the transfer as soon as sufficient money is available in the [Abandoned Property Trust Fund.] Account.

      Sec. 3.  NRS 120A.390 is hereby amended to read as follows:

      120A.390  1.  The Administrator shall review each claim filed under this chapter and may hold a hearing and receive evidence concerning the claim. If a hearing is held, he shall prepare findings of fact and a decision in writing stating the substance of any evidence heard and the reasons for his decision. The decision is a public record.

      2.  Except as otherwise provided in subsection 3, if the Administrator allows the claim, he shall pay it, without deduction for costs of notices or sale or for service charges, from the Abandoned Property Trust [Fund] Account in the State General Fund as other claims against the State are paid.

      3.  The Administrator may require a person with a claim in excess of $1,000 to furnish a bond and indemnify the State against any loss resulting from the approval of [such] the claim if the claim is based upon an original instrument, including, without limitation, a certified check or a stock certificate, which cannot be furnished by the person with the claim.

      Sec. 4.  NRS 120A.410 is hereby amended to read as follows:

      120A.410  1.  The Administrator may enter into an agreement to provide information needed to enable another state to determine the existence of unclaimed property to which it may be entitled if the other state agrees to provide this State with information needed to enable this State to determine the existence of unclaimed property to which this State may be entitled. The Administrator may, by regulation, require the reporting of information needed to enable him to comply with agreements made pursuant to this section and may, by regulation, prescribe the form, including verification, of the information to be reported and the times for filing the reports.

      2.  At the request of another state, the Attorney General of this State may bring an action in the name of the other state, in any court of competent jurisdiction of this State or federal court within this State, to enforce the unclaimed property laws of the other state against a holder in this State of property to which the other state is entitled, if:

 


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ê2007 Statutes of Nevada, Page 924 (Chapter 261, SB 519)ê

 

jurisdiction of this State or federal court within this State, to enforce the unclaimed property laws of the other state against a holder in this State of property to which the other state is entitled, if:

      (a) The courts of the other state cannot obtain jurisdiction over the holder;

      (b) The other state has agreed to bring actions in the name of this State at the request of the Attorney General of this State to enforce the provisions of this chapter against any person in the other state believed by the Administrator to hold property to which this State is entitled, where the courts of this State cannot obtain jurisdiction over that person; and

      (c) The other state has agreed to pay reasonable costs incurred by the Attorney General in bringing the action on its behalf.

      3.  If the Administrator believes that a person in another state holds property to which this State is entitled under this chapter and the courts of this State cannot obtain jurisdiction over that person, the Attorney General of this State may request an officer of the other state to bring an action in the name of this State to enforce the provisions of this chapter against that person. This State shall pay all reasonable costs incurred by the other state in any action brought under the authority of this section. The Administrator may agree to pay to the state, a political subdivision of the state, or an agency of either, which employs the officer bringing such an action a reward not to exceed 15 percent of the value, after deducting reasonable costs, of any property recovered for this State as a direct or indirect result of the action. Any costs or rewards paid pursuant to this section must be paid from the Abandoned Property Trust [Fund] Account in the State General Fund and must not be deducted from the amount that is subject to be claimed by the owner in accordance with this chapter.

      Sec. 5.  On July 1, 2007, the State Controller shall transfer the balance of the Abandoned Property Trust Fund to the Abandoned Property Trust Account in the State General Fund.

      Sec. 6.  This act becomes effective on July 1, 2007.

________

 


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

ê2007 Statutes of Nevada, Page 925ê

 

CHAPTER 262, SB 520

Senate Bill No. 520–Committee on Government Affairs

 

CHAPTER 262

 

AN ACT relating to state financial administration; requiring that certain changes in the scope of installment-purchase and lease-purchase agreements entered into by the State or one of its agencies be approved by the Legislature or Interim Finance Committee; defining what constitutes a change in the scope of such an agreement; and providing other matters properly relating thereto.

 

[Approved: May 31, 2007]

 

Legislative Counsel’s Digest:

      Under existing law, the State of Nevada and its state agencies may enter into installment-purchase and lease-purchase agreements to acquire real or personal property and pay the purchase price over a period of time that extends beyond the applicable biennium. (NRS 353.500-353.630) If such an agreement involves the construction, alteration, repair or remodeling of an improvement, the agreement may be carried out without compliance with any law requiring competitive bidding and without compliance with the provisions of chapter 341 of NRS relating to the State Public Works Board. (NRS 353.590)

      This bill provides that, before the scope of such an agreement is changed, the change in scope must be approved by the Nevada Legislature or the Interim Finance Committee, depending upon whether the Legislature is in session. This bill defines a change in the scope of an agreement based upon whether the amount of square footage, the intended use or the number of users of the property will change by a specified percentage. This definition prescribes similar criteria to the criteria prescribed for the approval of changes in the scope of the design or construction of certain projects presided over by the State Public Works Board. (NRS 341.145; NAC 341.017)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 353 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Before the State of Nevada or a state agency causes or allows a change in the scope of an agreement, the change must be approved by:

      (a) The Legislature, by concurrent resolution, when the Legislature is in regular or special session; or

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

      2.  As used in this section, “change in the scope of an agreement” means that, as compared to when the agreement was originally entered into or previously changed, whichever is the more recent:

      (a) The square footage of the property that is the subject of the agreement will be increased or decreased by 10 percent or more;

      (b) Ten percent or more of the square footage of the property that is the subject of the agreement will be allocated to a different intended use; or

      (c) The number of users of the property that is the subject of the agreement will be increased or decreased by 10 percent or more.

 


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ê2007 Statutes of Nevada, Page 926 (Chapter 262, SB 520)ê

 

      Sec. 2.  NRS 353.500 is hereby amended to read as follows:

      353.500  As used in NRS 353.500 to 353.630, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 353.510 to 353.540, inclusive, have the meanings ascribed to them in those sections.

      Sec. 3.  NRS 333A.090 is hereby amended to read as follows:

      333A.090  1.  Any financing related to a performance contract must be approved by the Board.

      2.  A performance contract may be financed through:

      (a) A person other than the qualified service company.

      (b) An installment-purchase contract or lease-purchase contract. Such an installment-purchase contract or lease-purchase contract is not subject to:

             (1) The provisions of NRS 353.500 to 353.630, inclusive [.] , and section 1 of this act.

             (2) Any requirement of competitive bidding or other restriction imposed on the procedure for the awarding of contracts or the procurement of goods or services.

      3.  A performance contract may be structured as:

      (a) A performance contract that guarantees operating cost savings, which includes, without limitation, the design and installation of equipment, the operation and maintenance, if applicable, of any of the operating cost-savings measures and the guaranteed annual savings which must meet or exceed the total annual contract payments to be made by the using agency, including, without limitation, any financing charges to be incurred by the using agency over the life of the performance contract. The using agency may require that these savings be verified:

             (1) When the work required by the performance contract is completed and 1 year after that work is completed; or

             (2) Over a sufficient period that demonstrates savings.

      (b) A shared-savings contract which includes provisions mutually agreed upon by the using agency and qualified service company as to the negotiated rate of payments based upon operating cost savings and a stipulated maximum consumption level of energy or water, or both energy and water, over the life of the contract.

      4.  The annual operating cost savings resulting from a performance contract must meet or exceed the total annual contract payments to be made by the using agency, including any financing charges to be incurred by the using agency over the life of the performance contract.

      5.  A change order to a performance contract executed pursuant to NRS 333A.080 may not be approved by the using agency if the cost of the change order would cause the annual operating cost savings resulting from the performance contract to be less than the total annual contract payments to be made by the using agency, including any financing charges to be incurred by the using agency over the life of the performance contract, unless approval of the change order is more economically feasible than termination of the operating cost-savings measure.

________

 


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

ê2007 Statutes of Nevada, Page 927ê

 

CHAPTER 263, SB 534

Senate Bill No. 534–Committee on Human Resources and Education

 

CHAPTER 263

 

AN ACT relating to public schools; authorizing the superintendent of schools of a school district to extend the jurisdiction of school police officers for the purpose of issuing citations for traffic violations; and providing other matters properly relating thereto.

 

[Approved: May 31, 2007]

 

Legislative Counsel’s Digest:

      Existing law extends the jurisdiction of school police officers to all school property, buildings and facilities for the purpose of protecting personnel, pupils and property. (NRS 391.275) This bill authorizes the superintendent of schools of a school district to extend the jurisdiction to streets adjacent to school property, buildings and facilities for the purpose of issuing traffic citations during the times that school is in session or school-related activities are in progress.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 391.275 is hereby amended to read as follows:

      391.275  1.  The jurisdiction of each school police officer of a school district extends to all school property, buildings and facilities within the school district [,] for the purpose of:

      [1.] (a) Protecting school district personnel, pupils [,] or real or personal property; or

      [2.] (b) Cooperating with local law enforcement agencies in matters relating to personnel, pupils or real or personal property of the school district.

      2.  In addition to the jurisdiction set forth in subsection 1, the superintendent of schools of a school district may extend the jurisdiction of each school police officer of the school district to the streets that are adjacent to school property, buildings and facilities within the school district:

      (a) For the purpose of issuing traffic citations for violations of traffic laws and ordinances; and

      (b) During the times that school is in session or school-related activities are in progress.

      Sec. 2.  This act becomes effective on July 1, 2007.

________

 


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

ê2007 Statutes of Nevada, Page 928ê

 

CHAPTER 264, SB 557

Senate Bill No. 557–Committee on Finance

 

CHAPTER 264

 

AN ACT relating to state financial administration; extending the reversion date of an appropriation made in the 22nd Special Session to the Advisory Council on the State Program for Fitness and Wellness; and providing other matters properly relating thereto.

 

[Approved: May 31, 2007]

 

Legislative Counsel’s Digest:

      The 22nd Special Session of the Nevada Legislature made an appropriation of $100,000 to the Advisory Council on the State Program for Fitness and Wellness. (Chapter 7, Statutes of Nevada 2005, 22nd Special Session, p. 122) This bill extends the reversion date for the appropriation from June 30, 2007, to June 30, 2009, to allow the money to be expended during the next biennium. This bill also adds the standard reporting requirements included this session for appropriations made to entities other than agencies of the state or local governments.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Section 37 of chapter 7, Statutes of Nevada 2005, 22nd Special Session, at page 122, is hereby amended to read as follows:

       Sec. 37.  1.  There is hereby appropriated from the State General Fund to the Advisory Council on the State Program for Fitness and Wellness, created pursuant to Senate Bill No. 197 of this session, the sum of $100,000 for the operational costs of the Council.

       2.  [Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2007, and must be reverted to the State General Fund on or before September 21, 2007.] The Advisory Council on the State Program for Fitness and Wellness shall:

       (a) Prepare and transmit a report to the Interim Finance Committee on or before December 15, 2008, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by the Advisory Council through December 1, 2008;

       (b) Prepare and transmit a final report to the Interim Finance Committee on or before September 18, 2009, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by the Advisory Council through June 30, 2009; and

       (c) 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 Advisory Council, regardless of their form or locations, that the Legislative Auditor deems necessary to conduct an audit of the use of the money appropriated pursuant to subsection 1.

       3.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2009, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 18, 2009, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2009.

 


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ê2007 Statutes of Nevada, Page 929 (Chapter 264, SB 557)ê

 

2009, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 18, 2009, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2009.

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

________

 

CHAPTER 265, AB 478

Assembly Bill No. 478–Assemblymen Buckley, Anderson, Oceguera, Conklin, Leslie, Carpenter, Denis, Gerhardt, Grady, Hardy, Hogan, Kirkpatrick, Koivisto, Mabey, Manendo, McClain, Munford, Parks, Parnell, Pierce and Smith

 

Joint Sponsors: Senators Amodei, Coffin and Titus

 

CHAPTER 265

 

AN ACT relating to financial services; making the provisions governing certain short-term loan services applicable to any person who makes a loan pursuant to a loan agreement that charges in excess of a certain annual percentage rate regardless of the term of the loan; revising the calculation of the annual percentage rate to include certain charges and fees imposed on a customer by a licensee; revising the allowable term of certain loans; providing exemptions from certain statutory provisions; clarifying the applicability of certain provisions; making persons who violate certain provisions of federal law subject to certain remedies and penalties set forth in state law; and providing other matters properly relating thereto.

 

[Approved: June 1, 2007]

 

Legislative Counsel’s Digest:

      Existing law establishes standards and procedures for the licensing and regulation of loans made pursuant to loan agreements that provide for an annual percentage rate of more than 40 percent and require repayment of the loan in less than 1 year. (Chapter 604A of NRS) This bill revises the applicability of those standards and procedures to make them applicable to any person who makes a loan pursuant to a loan agreement that charges an annual percentage rate of more than 40 percent regardless of the term of the loan. This bill redefines such a loan as a “high-interest loan” and the loan service for such a loan as a “high-interest loan service.” This bill also provides that, subject to certain exceptions, the original term of a deferred deposit loan or high-interest loan must not exceed 35 days.

      Under existing law, the annual percentage rate of such loans is required to be calculated pursuant to the provisions of the Truth in Lending Act and Regulation Z. (NRS 604A.150) This bill provides an exception to that requirement by specifying that, subject to certain exceptions, every charge or fee, regardless of the name given to the charge or fee, payable directly or indirectly by the customer and imposed directly or indirectly by the lender must be included in calculating the annual percentage rate.

 


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ê2007 Statutes of Nevada, Page 930 (Chapter 265, AB 478)ê

 

      Existing law provides for the licensure of persons who make installment loans. (Chapter 675 of NRS) This bill provides for the licensure of such persons pursuant to chapter 604A of NRS if the loans are high-interest loans.

      Existing law exempts certain persons and entities from the provisions of chapter 604A of NRS. (NRS 604A.250) This bill extends the exemption to national banking associations and their affiliates and subsidiaries, unless a purpose of the affiliation is to evade the provisions of that chapter.

      Existing law exempts certain persons and entities from the provisions of chapter 675 of NRS. (NRS 675.040) This bill extends the exemption to national banking associations. This bill also clarifies the persons to whom chapter 675 of NRS applies.

      Existing federal law imposes limitations on the terms of consumer credit that is extended to members of the Armed Forces of the United States who are on active duty and their dependents, including, without limitation, a prohibition against a lender imposing an interest rate greater than 36 percent. The federal law preempts any state law that is inconsistent with the federal law. (Section 670 of the John Warner National Defense Authorization Act for Fiscal Year 2007, Public Law 109-364) This bill provides that any violation of the federal law shall be deemed to be a violation of chapter 604A of NRS, thereby making violators subject to the remedies and penalties set forth in that chapter, including the imposition of an administrative fine of not more than $10,000 for each violation, the revocation or suspension of a license issued pursuant to that chapter and civil actions for damages. (NRS 604A.820, 604A.930)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 604A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6.5, inclusive, of this act.

      Sec. 2.  1.  “High-interest loan” means a loan made to a customer pursuant to a loan agreement which, under its original terms, charges an annual percentage rate of more than 40 percent.

      2.  The term includes, without limitation, any single-payment loan, installment loan or open-ended loan which, under its original terms, charges an annual percentage rate of more than 40 percent.

      3.  The term does not include:

      (a) A deferred deposit loan;

      (b) A refund anticipation loan; or

      (c) A title loan.

      Sec. 3.  “High-interest loan service” means any person engaged in the business of providing high-interest loans for a fee, service charge or other consideration.

      Sec. 4.  1.  Except as otherwise provided in this section, for the purposes of determining whether a loan is a high-interest loan, when determining whether a lender is charging an annual percentage rate of more than 40 percent, calculations must be made in accordance with the Truth in Lending Act and Regulation Z, except that every charge or fee, regardless of the name given to the charge or fee, payable directly or indirectly by the customer and imposed directly or indirectly by the lender must be included in calculating the annual percentage rate, including, without limitation:

      (a) Interest;

      (b) Application fees, regardless of whether such fees are charged to all applicants or credit is actually extended;

      (c) Fees charged for participation in a credit plan, whether assessed on an annual, periodic or nonperiodic basis; and

 


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ê2007 Statutes of Nevada, Page 931 (Chapter 265, AB 478)ê

 

      (d) Prepaid finance charges.

      2.  The following charges and fees must be excluded from the calculation of the annual percentage rate pursuant to subsection 1:

      (a) Any fees allowed pursuant to NRS 604A.490 or 675.365 for a check not paid upon presentment or an electronic transfer of money that fails;

      (b) Interest accrued after default pursuant to paragraph (c) of subsection 1 of NRS 604A.485;

      (c) Charges for an unanticipated late payment, exceeding a credit limit, or a delinquency, default or similar occurrence; and

      (d) Any premiums or identifiable charges for insurance permitted pursuant to NRS 675.300.

      3.  Calculation of the annual percentage rate in the manner specified in this section is limited only to the determination of whether a loan is a high-interest loan and must not be used in compliance with the disclosure requirements of paragraph (g) of subsection 2 of NRS 604A.410 or any other provisions of this chapter requiring disclosure of an annual percentage rate in the making of a loan.

      Sec. 5.  1.  Except as otherwise provided in this chapter, the original term of a deferred deposit loan or high-interest loan must not exceed 35 days.

      2.  The original term of a high-interest loan may be up to 90 days if:

      (a) The loan provides for payments in installments;

      (b) The payments are calculated to ratably and fully amortize the entire amount of principal and interest payable on the loan;

      (c) The loan is not subject to any extension; and

      (d) The loan does not require a balloon payment of any kind.

      3.  Notwithstanding the provisions of NRS 604A.480, a licensee shall not agree to establish or extend the period for the repayment, renewal, refinancing or consolidation of an outstanding deferred deposit loan or high-interest loan for a period that exceeds 90 days after the date of origination of the loan.

      Sec. 6.  A violation of any provision of section 670 of the John Warner National Defense Authorization Act for Fiscal Year 2007, Public Law 109-364, or any regulation adopted pursuant thereto shall be deemed to be a violation of this chapter.

      Sec. 6.5.  All provisions of this chapter governing enforcement or collection of an obligation originated under this chapter apply to:

      1.  Any purchaser or assignee of the obligation; and

      2.  Any person seeking to enforce or collect the obligation on behalf of a licensee.

      Sec. 7.  NRS 604A.010 is hereby amended to read as follows:

      604A.010  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 604A.015 to 604A.125, inclusive, and sections 2 and 3 of this act have the meanings ascribed to them in those sections.

      Sec. 8.  NRS 604A.015 is hereby amended to read as follows:

      604A.015  1.  “Automated loan machine” means any machine or other device, regardless of the name given to it or the technology used, that:

      (a) Is automated;

      (b) Is designed or intended to allow a customer, without any additional assistance from another person, to receive or attempt to receive a deferred deposit loan or [short-term] high-interest loan through the machine or other device; and

 


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ê2007 Statutes of Nevada, Page 932 (Chapter 265, AB 478)ê

 

deposit loan or [short-term] high-interest loan through the machine or other device; and

      (c) Is set up, installed, operated or maintained by or on behalf of the person making the loan or any agent, affiliate or subsidiary of the person.

      2.  The term does not include any machine or other device used directly by a customer to access the Internet unless the machine or other device is made available to the customer by the person making the loan or any agent, affiliate or subsidiary of the person.

      Sec. 9.  NRS 604A.040 is hereby amended to read as follows:

      604A.040  “Customer” means any person who receives or attempts to receive check-cashing services, deferred deposit loan services, [short-term] high-interest loan services or title loan services from another person.

      Sec. 10.  NRS 604A.075 is hereby amended to read as follows:

      604A.075  “Licensee” means any person who has been issued one or more licenses to operate a check-cashing service, deferred deposit loan service, [short-term] high-interest loan service or title loan service pursuant to the provisions of this chapter.

      Sec. 11.  NRS 604A.080 is hereby amended to read as follows:

      604A.080  “Loan” means any deferred deposit loan, [short-term] high-interest loan or title loan, or any extension or repayment plan relating to such a loan, made at any location or through any method, including, without limitation, at a kiosk, through the Internet, through any telephone, facsimile machine or other telecommunication device or through any other machine, network, system, device or means.

      Sec. 11.5.  NRS 604A.105 is hereby amended to read as follows:

      604A.105  1.  “Title loan” means a loan made to a customer pursuant to a loan agreement which, under its original terms:

      (a) Charges an annual percentage rate of more than 35 percent; and

      (b) Requires the customer to secure the loan by [giving] either:

             (1) Giving possession of the title to a vehicle legally owned by the customer to the [person making the loan, or to] licensee or any agent, affiliate or subsidiary of the [person, whether or not the person making the loan or taking possession of the title perfects a security interest in the vehicle by having the person’s name noted on the title as a lienholder.] licensee; or

             (2) Perfecting a security interest in the vehicle by having the name of the licensee or any agent, affiliate or subsidiary of the licensee noted on the title as a lienholder.

      2.  The term does not include [:

      (a) A] a loan which creates a purchase-money security interest in a vehicle or the refinancing of any such loan . [; or

      (b) Any other loan for which a vehicle is used as security or collateral if the person making the loan, or any agent, affiliate or subsidiary of the person, does not take possession of the title.]

      Sec. 12.  NRS 604A.200 is hereby amended to read as follows:

      604A.200  The provisions of this chapter apply to any person who seeks to evade its application by any device, subterfuge or pretense, including, without limitation [, calling] :

      1.  Calling a loan by any other name [or using] ;

      2.  Using any agents, affiliates or subsidiaries in an attempt to avoid the application of the provisions of this chapter [.] ; or

      3.  Having any affiliation or other business arrangement with an entity that is exempt from the provisions of this chapter pursuant to subsection 1 of NRS 604A.250, the effect of which is to evade the provisions of this chapter, including, without limitation, making a loan while purporting to be the agent of such an exempt entity where the purported agent holds, acquires or maintains a preponderant economic interest in the revenues generated by the loan.

 


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ê2007 Statutes of Nevada, Page 933 (Chapter 265, AB 478)ê

 

subsection 1 of NRS 604A.250, the effect of which is to evade the provisions of this chapter, including, without limitation, making a loan while purporting to be the agent of such an exempt entity where the purported agent holds, acquires or maintains a preponderant economic interest in the revenues generated by the loan.

      Sec. 13.  NRS 604A.250 is hereby amended to read as follows:

      604A.250  The provisions of this chapter do not apply to:

      1.  [A] Except as otherwise provided in NRS 604A.200, a person doing business pursuant to the authority of any law of this State or of the United States relating to banks, national banking associations, savings banks, trust companies, savings and loan associations, credit unions, development corporations, mortgage brokers, mortgage bankers, thrift companies or insurance companies [.] , including, without limitation, any affiliate or subsidiary of such a person regardless of whether the affiliate or subsidiary is a bank.

      2.  A person who is primarily engaged in the retail sale of goods or services who:

      (a) As an incident to or independently of a retail sale or service, from time to time cashes checks for a fee or other consideration of not more than $2; and

      (b) Does not hold himself out as a check-cashing service.

      3.  A person while performing any act authorized by a license issued pursuant to chapter 671 of NRS.

      4.  A person who holds a nonrestricted gaming license issued pursuant to chapter 463 of NRS while performing any act in the course of that licensed operation.

      5.  A person who is exclusively engaged in a check-cashing service relating to out-of-state checks.

      6.  A corporation organized pursuant to the laws of this State that has been continuously and exclusively engaged in a check-cashing service in this State since July 1, 1973.

      7.  A pawnbroker, unless the pawnbroker operates a check-cashing service, deferred deposit loan service, [short-term] high-interest loan service or title loan service.

      8.  A real estate investment trust, as defined in 26 U.S.C. § 856.

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

      10.  An attorney at law rendering services in the performance of his duties as an attorney at law if the loan is secured by real property.

      11.  A real estate broker rendering services in the performance of his duties as a real estate broker if the loan is secured by real property.

      12.  Any firm or corporation:

      (a) Whose principal purpose or activity is lending money on real property which is secured by a mortgage;

      (b) Approved by the Federal National Mortgage Association as a seller or servicer; and

      (c) Approved by the Department of Housing and Urban Development and the Department of Veterans Affairs.

      13.  A person who provides money for investment in loans secured by a lien on real property, on his own account.

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

 


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ê2007 Statutes of Nevada, Page 934 (Chapter 265, AB 478)ê

 

      15.  A person who makes a refund anticipation loan, unless the person operates a check-cashing service, deferred deposit loan service, [short-term] high-interest loan service or title loan service.

      Sec. 14.  NRS 604A.400 is hereby amended to read as follows:

      604A.400  1.  A person, including, without limitation, a person licensed pursuant to chapter 675 of NRS, shall not operate a check-cashing service, deferred deposit loan service, [short-term] high-interest loan service or title loan service unless the person is licensed with the Commissioner pursuant to the provisions of this chapter.

      2.  A person must have a license regardless of the location or method that the person uses to operate such a service, including, without limitation, at a kiosk, through the Internet, through any telephone, facsimile machine or other telecommunication device or through any other machine, network, system, device or means, except that the person shall not operate such a service through any automated loan machine in violation of the provisions of subsection 3.

      3.  A person shall not operate a deferred deposit loan service or [short-term] high-interest loan service through any automated loan machine, and the Commissioner shall not issue a license that authorizes the licensee to conduct business through any automated loan machine.

      4.  Any person, and any member, officer, director, agent or employee thereof, who violates or participates in the violation of any provision of this section is guilty of a misdemeanor.

      Sec. 15.  NRS 604A.405 is hereby amended to read as follows:

      604A.405  1.  A licensee shall post in a conspicuous place in every location at which he conducts business under his license:

      (a) A notice that states the fees he charges for providing check-cashing services, deferred deposit loan services, [short-term] high-interest loan services or title loan services.

      (b) A notice that states a toll-free telephone number to the Office of the Commissioner to handle concerns or complaints of customers.

Ê The Commissioner shall adopt regulations prescribing the form and size of the notices required by this subsection.

      2.  If a licensee offers loans to customers at a kiosk, through the Internet, through any telephone, facsimile machine or other telecommunication device or through any other machine, network, system, device or means, except for an automated loan machine prohibited by NRS 604A.400, the licensee shall, as appropriate to the location or method for making the loan, post in a conspicuous place where customers will see it before they enter into a loan, or disclose in an open and obvious manner to customers before they enter into a loan, a notice that states:

      (a) The types of loans the licensee offers and the fees he charges for making each type of loan; and

      (b) A list of the states where the licensee is licensed or authorized to conduct business from outside this State with customers located in this State.

      3.  A licensee who provides check-cashing services shall give written notice to each customer of the fees he charges for cashing checks. The customer must sign the notice before the licensee provides the check-cashing service.

 


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ê2007 Statutes of Nevada, Page 935 (Chapter 265, AB 478)ê

 

      Sec. 15.5.  NRS 604A.410 is hereby amended to read as follows:

      604A.410  1.  Before making any loan to a customer, a licensee shall provide to the customer a written loan agreement which may be kept by the customer and which must be written in:

      (a) English, if the transaction is conducted in English; or

      (b) Spanish, if the transaction is conducted in Spanish.

      2.  The loan agreement must include, without limitation, the following information:

      (a) The name and address of the licensee and the customer;

      (b) The nature of the security for the loan, if any;

      (c) The date and amount of the loan, amount financed, annual percentage rate, finance charge, total of payments, payment schedule and a description and the amount of every fee charged, regardless of the name given to the fee and regardless of whether the fee is required to be included in the finance charge under the Truth in Lending Act and Regulation Z;

      (d) A disclosure of the right of the customer to rescind a loan pursuant to the provisions of this chapter;

      (e) A disclosure of the right of the customer to pay his loan in full or in part with no additional charge pursuant to the provisions of this chapter;

      (f) A disclosure stating that, if the customer defaults on the loan, the [customer has the opportunity within 30 days of the date of default to enter into a repayment plan with a term of at least 90 days, and that the] licensee must offer [the] a repayment plan to the customer before the licensee commences any civil action or process of alternative dispute resolution or, if appropriate for the loan, before the licensee repossesses a vehicle; and

      (g) Any other disclosures required under the Truth in Lending Act and Regulation Z or under any other applicable federal or state statute or regulation.

      Sec. 16.  NRS 604A.420 is hereby amended to read as follows:

      604A.420  1.  If a customer is [called to active duty in] a member of the military, a licensee shall:

      (a) [Defer for the duration of the active duty all collection activity against the customer and his property, including, without limitation, any community property in which the customer has an interest; and

      (b)] Honor the terms of any repayment plan between the licensee and customer, including, without limitation, any repayment plan negotiated through military counselors or third-party credit counselors.

      (b) Honor any proclamation by a base commander that a certain branch location of the licensee is off-limits to members of the military and their spouses.

      2.  [When collecting any defaulted loan,] If a customer is a member of the military, a licensee shall not:

      (a) Garnish or threaten to garnish any wages or salary [paid to a customer for active service in the military;] of the customer or his spouse; or

      (b) Contact or threaten to contact the military chain of command of a customer in an effort to collect the [defaulted] loan.

      3.  If a customer is a member of the military and is deployed to a combat or combat supporting position, a licensee shall not engage in any collection activity against the customer or his spouse.

      4.  As used in this section, “military” means the Armed Forces of the United States, a reserve component thereof or the National Guard.

 


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ê2007 Statutes of Nevada, Page 936 (Chapter 265, AB 478)ê

 

      Sec. 17.  NRS 604A.425 is hereby amended to read as follows:

      604A.425  1.  A licensee shall not:

      (a) Make a deferred deposit loan that exceeds 25 percent of the expected gross monthly income of the customer when the loan is made; or

      (b) Make a [short-term] high-interest loan which, under the terms of the loan agreement, requires any monthly payment that exceeds 25 percent of the expected gross monthly income of the customer.

      2.  A licensee is not in violation of the provisions of this section if the customer presents evidence of his gross monthly income to the licensee and represents to the licensee in writing that:

      (a) For a deferred deposit loan, the loan does not exceed 25 percent of his expected gross monthly income when the loan is made; or

      (b) For a [short-term] high-interest loan, the monthly payment required under the terms of the loan agreement does not exceed 25 percent of his expected gross monthly income.

      Sec. 18.  NRS 604A.430 is hereby amended to read as follows:

      604A.430  1.  A licensee shall not make more than one deferred deposit loan , single-advance, single-payment loan or [short-term] high-interest loan to the same customer at one time or before any outstanding balance is paid in full on an existing loan made by that licensee to the customer unless:

      [1.] (a) The customer is seeking multiple loans that do not exceed the limits set forth in NRS 604A.425;

      [2.] (b) The licensee charges the same or a lower fee or service charge per $100 if it is a deferred deposit loan or single-advance, single-payment loan, or the same or a lower annual percentage rate of interest if it is a high-interest loan that is not a single-advance, single-payment loan, for any additional loans as he charged for the initial loan;

      [3.] (c) Except for that part of the finance charge which consists of interest only, the licensee does not impose any other charge or fee to initiate any additional loans, except that a licensee who makes deferred deposit loans or [short-term] high-interest loans in accordance with the provisions of subsection 2 of NRS 604A.480 may charge a reasonable fee for preparing documents in an amount that does not exceed $50; and

      [4.] (d) If the additional loans are deferred deposit loans and the customer provides one or more additional checks that are not paid upon presentment [,] or one or more electronic transfers of money fail, the licensee does not charge any fees to the customer pursuant to NRS 604A.490, except for the fees allowed pursuant to that section for the first check that is not paid upon presentment [.] or electronic transfer of money that failed.

      2.  As used in this section, “single-advance, single-payment loan” means a transaction in which, pursuant to a loan agreement, a customer is given a single advance equal to the amount financed with payment in full due within 35 days after the date of the transaction.

      Sec. 19.  NRS 604A.435 is hereby amended to read as follows:

      604A.435  A licensee shall not:

      1.  Accept:

      (a) Collateral as security for a loan, except that a title to a vehicle may be accepted as security for a title loan.

      (b) An assignment of wages, salary, commissions or other compensation for services, whether earned or to be earned, as security for a loan.

 


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ê2007 Statutes of Nevada, Page 937 (Chapter 265, AB 478)ê

 

      (c) A check as security for a [short-term] high-interest loan or title loan.

      (d) More than one check or written authorization for an electronic transfer of money for each deferred deposit loan.

      (e) A check or written authorization for an electronic transfer of money for any deferred deposit loan in an amount which exceeds the total of payments set forth in the disclosure statement required by the Truth in Lending Act and Regulation Z that is provided to the customer.

      2.  Take any note or promise to pay which does not disclose the date and amount of the loan, amount financed, annual percentage rate, finance charge, total of payments, payment schedule and a description and the amount of every fee charged, regardless of the name given to the fee and regardless of whether the fee is required to be included in the finance charge under the Truth in Lending Act and Regulation Z.

      3.  Take any instrument, including a check or written authorization for an electronic transfer of money, in which blanks are left to be filled in after the loan is made.

      4.  Make any transaction contingent on the purchase of insurance or any other goods or services or sell any insurance to the customer with the loan.

      5.  Fail to comply with a payment plan which is negotiated and agreed to by the licensee and customer.

      6.  Charge any fee to cash a check representing the proceeds of a loan made by the licensee or any agent, affiliate or subsidiary of the licensee.

      Sec. 19.5.  NRS 604A.445 is hereby amended to read as follows:

      604A.445  Notwithstanding any other provision of this chapter to the contrary:

      1.  The original term of a title loan must not exceed 30 days.

      2.  The title loan may be extended for not more than six additional periods of extension, with each such period not to exceed 30 days, if:

      (a) Any interest or charges accrued during the original term of the title loan or any period of extension of the title loan are not capitalized or added to the principal amount of the title loan during any subsequent period of extension;

      (b) The annual percentage rate charged on the title loan during any period of extension is not more than the annual percentage rate charged on the title loan during the original term; and

      (c) No additional origination fees, set-up fees, collection fees, transaction fees, negotiation fees, handling fees, processing fees, late fees, default fees or any other fees, regardless of the name given to the fees, are charged in connection with any extension of the title loan.

      3.  The original term of a title loan may be up to 210 days if:

      (a) The loan provides for payments in installments;

      (b) The payments are calculated to ratably and fully amortize the entire amount of principal and interest payable on the loan;

      (c) The loan is not subject to any extension; and

      (d) The loan does not require a balloon payment of any kind.

      Sec. 20.  NRS 604A.460 is hereby amended to read as follows:

      604A.460  1.  A customer may rescind a loan on or before the close of business on the next day of business at the location where the loan was initiated. To rescind the loan, the customer must deliver to the licensee:

      (a) A sum of money equal to the face value of the loan, less any fee charged to the customer to initiate the loan; or

 


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ê2007 Statutes of Nevada, Page 938 (Chapter 265, AB 478)ê

 

      (b) The original check, if any, which the licensee gave to the customer pursuant to the loan. Upon receipt of the original check, the licensee shall refund any fee charged to the customer to initiate the loan.

      2.  If a customer rescinds a loan pursuant to this section, the licensee:

      (a) Shall not charge the customer any fee for rescinding the loan; and

      (b) Upon receipt of the sum of money or check pursuant to subsection 1, shall give to the customer a receipt showing the account paid in full and:

             (1) If the customer gave to the licensee a check or a written authorization for an electronic transfer of money to initiate a deferred deposit loan, the check or written authorization stamped “void”;

             (2) If the customer gave to the licensee a promissory note to initiate a [short-term] high-interest loan, a copy of the promissory note stamped “void” or the receipt stamped “paid in full”; or

             (3) If the customer gave to the licensee a title to a vehicle to initiate the title loan, the title.

      Sec. 21.  NRS 604A.465 is hereby amended to read as follows:

      604A.465  1.  A customer may pay a loan, or any extension thereof, in full at any time, without an additional charge or fee, before the date his final payment on the loan, or any extension thereof, is due.

      2.  If a customer pays the loan in full, including all interest, charges and fees negotiated and agreed to by the licensee and customer as permitted under this chapter, the licensee shall:

      (a) Give to the customer:

             (1) If the customer gave to the licensee a check or a written authorization for an electronic transfer of money to initiate a deferred deposit loan, the check or the written authorization stamped “void”;

             (2) If the customer gave to the licensee a promissory note to initiate a [short-term] high-interest loan, the promissory note stamped “void” or a receipt stamped “paid in full”; or

             (3) If the customer gave to the licensee a title to a vehicle to initiate a title loan, the title; and

      (b) Give to the customer a receipt with the following information:

             (1) The name and address of the licensee;

             (2) The identification number assigned to the loan agreement or other information that identifies the loan;

             (3) The date of the payment;

             (4) The amount paid;

             (5) An itemization of interest, charges and fees;

             (6) A statement that the loan is paid in full; and

             (7) If more than one loan made by the licensee to the customer was outstanding at the time the payment was made, a statement indicating to which loan the payment was applied.

      Sec. 21.5.  NRS 604A.475 is hereby amended to read as follows:

      604A.475  1.  Before a licensee attempts to collect the outstanding balance on a loan in default by commencing any civil action or process of alternative dispute resolution or [by] repossessing a vehicle, the licensee shall offer the customer an opportunity to enter into a repayment plan. The licensee:

      (a) Is required to make the offer available to the customer for a period of at least 30 days after the date of default; and

      (b) Is not required to make such an offer more than once for each loan.

 


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ê2007 Statutes of Nevada, Page 939 (Chapter 265, AB 478)ê

 

      2.  [Not] If the licensee intends to commence any civil action or process of alternative dispute resolution or repossess a vehicle in an effort to collect a defaulted loan, the licensee shall deliver to the customer, not later than 15 days after the date of default, [the licensee shall provide to the customer] or not later than 5 days after a check is not paid upon presentment or an electronic transfer of money fails, whichever is later, written notice of the opportunity to enter into a repayment plan. The written notice must:

      (a) Be in English, if the initial transaction was conducted in English, or in Spanish, if the initial transaction was conducted in Spanish;

      (b) State the date by which the customer must act to enter into a repayment plan;

      (c) Explain the procedures the customer must follow to enter into a repayment plan;

      (d) If the licensee requires the customer to make an initial payment to enter into a repayment plan, explain the requirement and state the amount of the initial payment and the date the initial payment must be made;

      (e) State that the customer has the opportunity to enter into a repayment plan with a term of at least 90 days after the date of default; and

      (f) Include the following amounts:

             (1) The total of payments or the remaining balance on the original loan;

             (2) Any payments made on the loan;

             (3) Any charges added to the loan amount allowed pursuant to the provisions of this chapter; and

             (4) The total amount due if the customer enters into a repayment plan.

      3.  Under the terms of any repayment plan pursuant to this section:

      (a) The customer must enter into the repayment plan not later than 30 days after the date of default, unless the licensee allows a longer period;

      (b) The licensee must allow the period for repayment to extend at least 90 days after the date of default, unless the customer agrees to a shorter term;

      (c) The licensee may require the customer to make an initial payment of not more than 20 percent of the total amount due under the terms of the repayment plan;

      (d) For a deferred deposit loan:

             (1) The licensee may require a customer to provide, as security, one or more checks or written authorizations for an electronic transfer of money which equal the total amount due under the terms of the repayment plan;

             (2) The licensee shall, if the customer makes a payment in the amount of a check or written authorization taken as security for that payment, return to the customer the check or written authorization stamped “void” or destroy the check or written authorization; and

             (3) The licensee shall not charge any fee to the customer pursuant to NRS 604A.490 for a check which is provided as security during the repayment plan and which is not paid upon presentment if, in connection with that loan, the licensee has previously charged at least one such fee.

      4.  If the licensee and customer enter into a repayment plan pursuant to this section, the licensee shall honor the terms of the repayment plan, and the licensee shall not:

      (a) Except as otherwise provided by this chapter, charge any other amount to a customer, including, without limitation, any amount or charge payable directly or indirectly by the customer and imposed directly or indirectly by the licensee as an incident to or as a condition of entering into a repayment plan.

 


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ê2007 Statutes of Nevada, Page 940 (Chapter 265, AB 478)ê

 

payable directly or indirectly by the customer and imposed directly or indirectly by the licensee as an incident to or as a condition of entering into a repayment plan. Such an amount includes, without limitation:

             (1) Any interest, regardless of the name given to the interest, other than the interest charged pursuant to the original loan agreement at a rate which does not exceed the annual percentage rate charged during the term of the original loan agreement; or

             (2) Any origination fees, set-up fees, collection fees, transaction fees, negotiation fees, handling fees, processing fees, late fees, default fees or any other fees, regardless of the name given to the fee;

      (b) Except as otherwise provided in this section, accept any additional security or collateral from the customer to enter into the repayment plan;

      (c) Sell to the customer any insurance or require the customer to purchase insurance or any other goods or services to enter into the repayment plan;

      (d) Make any other loan to the customer, unless the customer is seeking multiple loans that do not exceed the limit set forth in NRS 604A.425;

      (e) During the term of the repayment plan, attempt to collect the outstanding balance by commencing any civil action or process of alternative dispute resolution or by repossessing a vehicle, unless the customer defaults on the repayment plan; or

      (f) Attempt to collect an amount that is greater than the amount owed under the terms of the repayment plan.

      5.  If the licensee and customer enter into a repayment plan pursuant to this section, the licensee shall:

      (a) Prepare a written agreement establishing the repayment plan; and

      (b) Give the customer a copy of the written agreement. The written agreement must:

             (1) Be signed by the licensee and customer; and

             (2) Contain all of the terms of the repayment plan, including, without limitation, the total amount due under the terms of the repayment plan.

      6.  Each time a customer makes a payment pursuant to a repayment plan, the licensee shall give to the customer a receipt with the following information:

      (a) The name and address of the licensee;

      (b) The identification number assigned to the loan agreement or other information that identifies the loan;

      (c) The date of the payment;

      (d) The amount paid;

      (e) The balance due on the loan or, when the customer makes the final payment, a statement that the loan is paid in full; and

      (f) If more than one loan made by the licensee to the customer was outstanding at the time the payment was made, a statement indicating to which loan the payment was applied.

      7.  If the customer defaults on the repayment plan, the licensee may, to collect the outstanding balance, commence any civil action or process of alternative dispute resolution or repossess a vehicle as otherwise authorized pursuant to this chapter.

      Sec. 22.  NRS 604A.480 is hereby amended to read as follows:

      604A.480  1.  Except as otherwise provided in subsection 2, if a customer agrees in writing to establish or extend the period for the repayment, renewal, refinancing or consolidation of an outstanding loan by using the proceeds of a new deferred deposit loan or [short-term] high-interest loan to pay the balance of the outstanding loan, the licensee shall not establish or extend [such a] the period beyond 60 days after the expiration of the initial loan period.

 


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ê2007 Statutes of Nevada, Page 941 (Chapter 265, AB 478)ê

 

using the proceeds of a new deferred deposit loan or [short-term] high-interest loan to pay the balance of the outstanding loan, the licensee shall not establish or extend [such a] the period beyond 60 days after the expiration of the initial loan period. The licensee shall not add any unpaid interest or other charges accrued during the original term of the outstanding loan or any extension of the outstanding loan to the principal amount of the new deferred deposit loan or high-interest loan.

      2.  This section does not apply to a new deferred deposit loan or [short-term] high-interest loan if the licensee:

      (a) Makes the new deferred deposit loan or [short-term] high-interest loan to a customer pursuant to a loan agreement which, under its original terms:

             (1) Charges an annual percentage rate of less than 200 percent;

             (2) Requires the customer to make a payment on the loan at least once every 30 days;

             (3) Requires the loan to be paid in full in not less than 150 days; and

             (4) Provides that interest does not accrue on the loan at the annual percentage rate set forth in the loan agreement after the date of maturity of the loan;

      (b) Performs a credit check of the customer with a major consumer reporting agency before making the loan;

      (c) Reports information relating to the loan experience of the customer to a major consumer reporting agency;

      (d) Gives the customer the right to rescind the new deferred deposit loan or [short-term] high-interest loan within 5 days after the loan is made without charging the customer any fee for rescinding the loan;

      (e) Participates in good faith with a counseling agency that is:

             (1) Accredited by the Council on Accreditation for Services for Families and Children, Inc., or its successor organization; and

             (2) A member of the National Foundation for Credit Counseling, or its successor organization; and

      (f) Does not commence any civil action or process of alternative dispute resolution on a defaulted loan or any extension or repayment plan thereof.

      Sec. 22.5.  NRS 604A.485 is hereby amended to read as follows:

      604A.485  1.  [Except as otherwise provided in NRS 604A.445, if] If a customer defaults on a loan or on any extension or repayment plan relating to the loan, whichever is later, the licensee may collect only the following amounts from the customer, less all payments made before and after default:

      (a) The unpaid principal amount of the loan.

      (b) The unpaid interest , if any, accrued before the [expiration of the initial loan period] default at the annual percentage rate set forth in the disclosure statement required by the Truth in Lending Act and Regulation Z that is provided to the customer. If there is an extension , in writing and signed by the customer, relating to the loan, the licensee may charge and collect interest pursuant to this paragraph for a period not to exceed 60 days after the expiration of the initial loan period, unless otherwise allowed by NRS 604A.480.

      (c) The interest accrued after the expiration of the initial loan period or after any extension or repayment plan that is allowed pursuant to this chapter, whichever is later, at an annual percentage rate not to exceed the prime rate at the largest bank in Nevada, as ascertained by the Commissioner, on January 1 or July 1, as the case may be, immediately preceding the expiration of the initial loan period, plus 10 percent.

 


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ê2007 Statutes of Nevada, Page 942 (Chapter 265, AB 478)ê

 

preceding the expiration of the initial loan period, plus 10 percent. The licensee may charge and collect interest pursuant to this paragraph for a period not to exceed 90 days. After that period, the licensee shall not charge or collect any interest on the loan.

      (d) Any fees allowed pursuant to NRS 604A.490 for a check that is not paid upon presentment or an electronic transfer of money that fails because the account of the customer contains insufficient funds or has been closed.

Ê The sum of all amounts collected pursuant to paragraphs (b), (c) and (d) must not exceed the principal amount of the loan.

      2.  Except for the interest and fees permitted pursuant to subsection 1 and any other charges expressly permitted pursuant to NRS 604A.430, 604A.445 and 604A.475, the licensee shall not charge any other amount to a customer, including, without limitation, any amount or charge payable directly or indirectly by the customer and imposed directly or indirectly by the licensee as an incident to or as a condition of the extension of the period for the payment of the loan or the extension of credit. Such [an amount includes,] prohibited amounts include, without limitation:

      (a) Any interest, other than the interest charged pursuant to subsection 1, regardless of the name given to the interest; or

      (b) Any origination fees, set-up fees, collection fees, transaction fees, negotiation fees, handling fees, processing fees, late fees, default fees or any other fees, regardless of the name given to the fee.

      Sec. 22.7.  NRS 604A.490 is hereby amended to read as follows:

      604A.490  1.  A licensee may collect a fee of not more than $25 if a check is not paid upon presentment or an electronic transfer of money fails because the account of the customer contains insufficient funds or has been closed.

      2.  If the account of the customer contains insufficient funds, the licensee may collect only two fees of $25 each regardless of the number of times the check is presented for payment [.] or the electronic transfer of money is attempted.

      3.  If the account of the customer has been closed, the licensee may collect only one fee of $25 regardless of the number of times the check is presented or the electronic transfer of money is attempted for payment.

      4.  A customer is not liable for damages pursuant to NRS 41.620 or to criminal prosecution for a violation of chapter 205 of NRS unless the customer acted with criminal intent.

      Sec. 23.  NRS 604A.655 is hereby amended to read as follows:

      604A.655  1.  Except as otherwise provided in this section, a licensee may not conduct the business of making loans within any office, suite, room or place of business in which any other lending business is solicited or engaged in, except an insurance agency or notary public, or in association or conjunction with any other business, unless authority to do so is given by the Commissioner.

      2.  A licensee may conduct the business of making loans in the same office or place of business as:

      (a) A mortgage broker if:

             (1) The licensee and the mortgage broker:

                   (I) Maintain separate accounts, books and records;

                   (II) Are subsidiaries of the same parent corporation; and

                    (III) Maintain separate licenses; and

 


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ê2007 Statutes of Nevada, Page 943 (Chapter 265, AB 478)ê

 

             (2) The mortgage broker is licensed by this State pursuant to chapter 645B of NRS and does not receive money to acquire or repay loans or maintain trust accounts as provided by NRS 645B.175.

      (b) A mortgage banker if:

             (1) The licensee and the mortgage banker:

                   (I) Maintain separate accounts, books and records;

                   (II) Are subsidiaries of the same parent corporation; and

                   (III) Maintain separate licenses; and

             (2) The mortgage banker is licensed by this State pursuant to chapter 645E of NRS and, if the mortgage banker is also licensed as a mortgage broker pursuant to chapter 645B of NRS, does not receive money to acquire or repay loans or maintain trust accounts as provided by NRS 645B.175.

      3.  If a pawnbroker is licensed to operate a check-cashing service, deferred deposit loan service, [short-term] high-interest loan service or title loan service, the pawnbroker may operate that service at the same office or place of business from which he conducts business as a pawnbroker pursuant to chapter 646 of NRS.

      Sec. 24.  NRS 604A.710 is hereby amended to read as follows:

      604A.710  1.  For the purpose of discovering violations of this chapter or [of] securing information lawfully required under this chapter, the Commissioner or his duly authorized representatives may at any time investigate the business and examine the books, accounts, papers and records used therein of:

      (a) Any licensee;

      (b) Any other person engaged in the business of making loans or participating in such business as principal, agent, broker or otherwise; and

      (c) Any person who the Commissioner has reasonable cause to believe is violating or is about to violate any provision of this chapter, whether or not the person claims to be within the authority or beyond the scope of this chapter.

      2.  For the purpose of examination, the Commissioner or his authorized representatives shall have and be given free access to the offices and places of business, and the files, safes and vaults of such persons.

      3.  For the purposes of this section, any person who advertises for, solicits or holds himself out as willing to make any deferred deposit loan, [short-term] high-interest loan or title loan is presumed to be engaged in the business of making loans.

      Sec. 25.  NRS 604A.920 is hereby amended to read as follows:

      604A.920  If a person operates a check-cashing service, deferred deposit loan service, [short-term] high-interest loan service or title loan service without obtaining a license pursuant to this chapter:

      1.  Any contracts entered into by that person for the cashing of a check or for a deferred deposit loan, [short-term] high-interest loan or title loan are voidable by the other party to the contract; and

      2.  In addition to any other remedy or penalty, the other party to the contract may bring a civil action against the person pursuant to NRS 604A.930.

      Sec. 26.  NRS 604A.930 is hereby amended to read as follows:

      604A.930  1.  Subject to the affirmative defense set forth in subsection 3, in addition to any other remedy or penalty, if a person violates any provision of NRS 604A.400, 604A.410 to 604A.500, inclusive, 604A.610, 604A.615, 604A.650 or 604A.655 or section 6 of this act or any regulation adopted pursuant thereto, the customer may bring a civil action against the person for : [any or all of the following relief:]

 


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ê2007 Statutes of Nevada, Page 944 (Chapter 265, AB 478)ê

 

adopted pursuant thereto, the customer may bring a civil action against the person for : [any or all of the following relief:]

      (a) Actual and consequential damages;

      (b) Punitive damages, which are subject to the provisions of NRS 42.005;

      (c) Reasonable attorney’s fees and costs; and

      (d) Any other legal or equitable relief that the court deems appropriate.

      2.  Subject to the affirmative defense set forth in subsection 3, in addition to any other remedy or penalty, the customer may bring a civil action against a person pursuant to subsection 1 to recover an additional amount, as statutory damages, which is equal to $1,000 for each violation if the person knowingly:

      (a) Operates a check-cashing service, deferred deposit loan service, [short-term] high-interest loan service or title loan service without a license, in violation of NRS 604A.400;

      (b) Fails to include in a loan agreement a disclosure of the right of the customer to rescind the loan, in violation of NRS 604A.410;

      (c) Violates any provision of NRS 604A.420;

      (d) Accepts collateral or security for a deferred deposit loan, in violation of NRS 604A.435, except that a check or written authorization for an electronic transfer of money shall not be deemed to be collateral or security for a deferred deposit loan;

      (e) Uses or threatens to use the criminal process in this State or any other state to collect on a loan made to the customer, in violation of NRS 604A.440;

      (f) Includes in any written agreement a promise by the customer to hold the person harmless, a confession of judgment by the customer or an assignment or order for the payment of wages or other compensation due the customer, in violation of NRS 604A.440;

      (g) Violates any provision of NRS 604A.485; [or]

      (h) Violates any provision of NRS 604A.490 [.] ; or

      (i) Violates any provision of section 6 of this act.

      3.  A person may not be held liable in any civil action brought pursuant to this section if the person proves, by a preponderance of evidence, that the violation:

      (a) Was not intentional;

      (b) Was technical in nature; and

      (c) Resulted from a bona fide error, notwithstanding the maintenance of procedures reasonably adapted to avoid any such error.

      4.  For the purposes of subsection 3, a bona fide error includes, without limitation, clerical errors, calculation errors, computer malfunction and programming errors and printing errors, except that an error of legal judgment with respect to the person’s obligations under this chapter is not a bona fide error.

      Sec. 27.  NRS 99.050 is hereby amended to read as follows:

      99.050  [Parties] Except as otherwise provided in section 670 of the John Warner National Defense Authorization Act for Fiscal Year 2007, Public Law 109-364, or any regulation adopted pursuant thereto, parties may agree for the payment of any rate of interest on money due or to become due on any contract, for the compounding of interest if they choose, and for any other charges or fees. The parties shall specify in writing the rate upon which they agree, that interest is to be compounded if so agreed, and any other charges or fees to which they have agreed.

 


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ê2007 Statutes of Nevada, Page 945 (Chapter 265, AB 478)ê

 

which they agree, that interest is to be compounded if so agreed, and any other charges or fees to which they have agreed.

      Sec. 28.  Chapter 675 of NRS is hereby amended by adding thereto a new section to read as follows:

      The provisions of this chapter apply to any person who:

      1.  Makes installment loans that are not subject to regulation pursuant to chapter 604A of NRS;

      2.  Is an affiliate, subsidiary or holding company of a bank, national banking association, savings bank, trust company, savings and loan association, credit union, development corporation, mortgage broker, mortgage banker, thrift company or insurance company; or

      3.  Seeks to evade its application by any device, subterfuge or pretense, including, without limitation:

      (a) Calling a loan by any other name;

      (b) Using any agents, affiliates or subsidiaries in an attempt to avoid the application of the provisions of this chapter; or

      (c) Having any affiliation or other business arrangement with an entity that is exempt from the provisions of this chapter pursuant to subsection 1 of NRS 675.040, the effect of which is to evade the provisions of this chapter, including, without limitation, making a loan while purporting to be the agent of such an exempt entity where the purported agent holds, acquires or maintains a material economic interest in the revenues generated by the loan.

      Sec. 29.  NRS 675.040 is hereby amended to read as follows:

      675.040  This chapter does not apply to:

      1.  [A] Except as otherwise provided in section 28 of this act, a person doing business under the authority of any law of this State or of the United States relating to banks, national banking associations, savings banks, trust companies, savings and loan associations, credit unions, development corporations, mortgage brokers, mortgage bankers, thrift companies, pawnbrokers or insurance companies.

      2.  A real estate investment trust, as defined in 26 U.S.C. § 856.

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

      4.  An attorney at law rendering services in the performance of his duties as an attorney at law if the loan is secured by real property.

      5.  A real estate broker rendering services in the performance of his duties as a real estate broker if the loan is secured by real property.

      6.  Except as otherwise provided in this subsection, any firm or corporation:

      (a) Whose principal purpose or activity is lending money on real property which is secured by a mortgage;

      (b) Approved by the Federal National Mortgage Association as a seller or servicer; and

      (c) Approved by the Department of Housing and Urban Development and the Department of Veterans Affairs.

      7.  A person who provides money for investment in loans secured by a lien on real property, on his own account.

 


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ê2007 Statutes of Nevada, Page 946 (Chapter 265, AB 478)ê

 

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

      9.  A person holding a nonrestricted state gaming license issued pursuant to the provisions of chapter 463 of NRS.

      10.  A person licensed to do business pursuant to chapter 604A of NRS with regard to those services regulated pursuant to chapter 604A of NRS.

      Sec. 29.5.  NRS 675.060 is hereby amended to read as follows:

      675.060  1.  No person may engage in the business of lending in this State without first having obtained a license from the Commissioner pursuant to this chapter for each office or other place of business at which the person engages in such business, except that if a person intends to engage in the business of lending in this State as a deferred deposit loan service, [short-term] high-interest loan service or title loan service, as those terms are defined in chapter 604A of NRS, the person must obtain a license from the Commissioner pursuant to chapter 604A of NRS before the person may engage in any such business.

      2.  For the purpose of this section, a person engages in the business of lending in this State if he:

      (a) Solicits loans in this State or makes loans to persons in this State, unless these are isolated, incidental or occasional transactions; or

      (b) Is located in this State and solicits loans outside of this State or makes loans to persons located outside of this State, unless these are isolated, incidental or occasional transactions.

      Sec. 29.7.  NRS 675.365 is hereby amended to read as follows:

      675.365  In addition to the interest allowed pursuant to NRS 675.363, a licensee may, pursuant to the agreement for a loan for an indefinite term, receive from the borrower or add to the unpaid balance in that borrower’s account:

      1.  Any fees imposed on the licensee pursuant to this chapter;

      2.  Any charge for insurance under NRS 675.300;

      3.  A charge not exceeding 25 cents for each transaction in which a loan or advance is made pursuant to the agreement or an annual fee for the use of an open-end account in an amount not to exceed $20;

      4.  If the interest calculated for any billing cycle pursuant to NRS 675.363 is less than 50 cents:

      (a) For a billing cycle which is monthly or longer, a charge in an amount not exceeding 50 cents; or

      (b) For a billing cycle less than monthly, a charge in an amount equal to that portion of 50 cents which bears the same relation to 50 cents as the number of days in the billing cycle bear to 365 divided by 12;

      5.  For any check written by the borrower to the licensee which is returned [for] , or any electronic transfer of money that fails, because of insufficient funds, a charge of $10 or in an amount equal to the charges imposed on the licensee because of his reliance on that check [,] or electronic transfer of money, whichever amount is greater; and

      6.  Any charge assessed the licensee by a third party for the printing and distribution of any checks, drafts or other instruments to be used by the borrower in obtaining advances pursuant to the agreement.

      Sec. 30.  NRS 604A.095 and 604A.100 are hereby repealed.

 


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ê2007 Statutes of Nevada, Page 947 (Chapter 265, AB 478)ê

 

      Sec. 31.  Any license to operate a short-term loan service that was issued by the Commissioner of Financial Institutions pursuant to chapter 604A of NRS before October 1, 2007, shall be deemed to be a license to operate a high-interest loan service which was issued by the Commissioner pursuant to the provisions of chapter 604A of NRS and which expires on the date on which the license to operate a short-term loan service would have expired pursuant to the provisions of NRS 604A.640.

      Sec. 32.  1.  A license to engage in the business of lending in this State which was issued by the Commissioner of Financial Institutions pursuant to chapter 675 of NRS before October 1, 2007, to a person who, pursuant to the provisions of this act, is subject to regulation only pursuant to chapter 604A of NRS, shall be deemed to be a license issued by the Commissioner pursuant to chapter 604A of NRS. Such a license expires on December 31, 2007, and may be renewed on or before its expiration in accordance with NRS 604A.640. Upon the renewal of such a license, the Commissioner shall issue to the holder of the license a license pursuant to chapter 604A of NRS in lieu of the license issued pursuant to chapter 675 of NRS.

      2.  Any person who is licensed pursuant to chapter 675 of NRS to engage in the business of lending in this State on September 30, 2007, may continue to operate in the same location upon becoming licensed pursuant to chapter 604A of NRS, notwithstanding any ordinance or other zoning regulation to the contrary. This subsection does not exempt such a person from any provision of chapter 604A of NRS or any regulation adopted pursuant thereto.

      Sec. 33.  The amendatory provisions of this act do not apply to loans entered into before October 1, 2007.

      Sec. 34.  This act becomes effective on October 1, 2007.

________

 


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ê2007 Statutes of Nevada, Page 948ê

 

CHAPTER 266, AB 375

Assembly Bill No. 375–Assemblyman Oceguera

 

CHAPTER 266

 

AN ACT relating to loans; creating various education and examination requirements related to an initial license as a mortgage broker or mortgage agent; requiring the designation of a qualified employee for certain mortgage brokers; creating certain requirements related to continuing education and mortgage lending; creating certain requirements for fees associated with loans secured by liens on real property; providing for certain requirements related to mortgage brokers and broker-dealers, sales representatives, investment advisers and representatives of investment advisers; revising the possible range of certain fees related to a license as a mortgage broker; revising the apportionment of certain extra hours of continuing education earned by a mortgage broker; requiring the Commissioner of Mortgage Lending to adopt certain regulations concerning investors and limitations on loans to directors, officers and employees; providing for biennial examinations of certain mortgage brokers under various circumstances; revising the deadline for certain financial statements by a mortgage broker; creating requirements for new financial statements related to certain accounts of a mortgage broker; revising certain advertising requirements of a mortgage broker; prohibiting a mortgage broker from assigning all or part of his interest in a loan that is secured by a lien on real property under certain circumstances; revising certain provisions relating to persons not subject to chapter 645E of NRS; revising certain provisions relating to persons exempt from chapter 645E of NRS; revising the possible range of fees for a license as a mortgage banker; revising provisions relating to financial statements of a mortgage banker; revising provisions relating to foreign corporations and what constitutes doing business in this State; requiring certain present and future mortgage broker and mortgage agent licensees to meet certain requirements; providing a penalty; and providing other matters properly relating thereto.

 

[Approved: June 1, 2007]

 

Legislative Counsel’s Digest:

      Existing law regulates the activities of various mortgage lenders, including the activities of mortgage brokers and mortgage bankers. (Chapters 645B and 645E of NRS) Existing law further provides that, subject to administrative supervision by the Director of the Department of Business and Industry, the Commissioner of Mortgage Lending is required to administer the provisions of law governing the licensing and regulation of mortgage brokers and mortgage bankers. (NRS 645B.060, 645E.300, 645F.250)

      Section 1.4 of this bill revises the requirements for an initial license as a mortgage broker or mortgage agent regarding education on mortgage lending and applicable examinations.

      Section 1.6 of this bill requires that a qualified employee be designated by a mortgage broker who is not a natural person.

 


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ê2007 Statutes of Nevada, Page 949 (Chapter 266, AB 375)ê

 

      Section 1.8 of this bill revises provisions concerning the requirements that a course of continuing education must meet, including, without limitation, requirements relating to providers and instructors, records, approval and revocation of approval of courses, monitoring, disciplinary action, and participation by representatives of the mortgage lending industry in the creation of the requirements.

      Section 2 of this bill requires a mortgage broker to ensure that each loan secured by a lien on real property for which the mortgage broker engages in activity as a mortgage broker includes a reasonable fee for servicing the loan.

      Section 3 of this bill prohibits a mortgage broker who is licensed or exempt from licensing as a broker-dealer, sales representative, investment adviser or representative of an investment adviser under the laws of this State from commingling money received from mortgage transactions with money received from securities transactions.

      Existing law exempts certain banks, companies, associations and credit unions from the provisions governing mortgage brokers and mortgage agents. (NRS 645B.015) Section 4.1 of this bill clarifies that the exemption includes an operating subsidiary or holding company of such a bank, company, association or credit union. Section 4.2 of this bill requires a person who claims an exemption to provide evidence to the Commissioner that the person is licensed to conduct his business and that the license is in good standing.

      Existing law describes various fees relating to a license as a mortgage broker. (NRS 645B.050) Section 4.4 of this bill revises the range of fees that may be charged for a license as a mortgage broker.

      Existing law describes various continuing education requirements for a mortgage broker. (NRS 645B.051) Section 4.8 of this bill revises how various extra hours of continuing education that are earned by a mortgage broker may be apportioned by the Commissioner.

      Existing law defines an “investor” for purposes of chapter 645B of NRS to mean a person who wishes to acquire or who acquires ownership of or a beneficial interest in a loan that is secured by a lien on real property. (NRS 645B.0121) Section 5 of this bill requires the Commissioner to establish, by regulation, the financial conditions for an investor to acquire that ownership or beneficial interest in the loan.

      Existing law authorizes the Commissioner of Financial Institutions to establish limitations on loans made by a bank to its directors, officers or employees. (NRS 662.145) Section 5 of this bill requires the Commissioner of Mortgage Lending to establish similar limitations on loans made by mortgage brokers to directors, officers or employees of the mortgage broker. (NRS 645B.060)

      Existing law provides for annual examinations of mortgage brokers. (NRS 645B.060) Section 5 of this bill provides for biennial examinations of a mortgage broker, rather than annual examinations, in certain circumstances.

      Existing law provides for a mortgage broker to submit a financial statement to the Commissioner at the end of each fiscal year. (NRS 645B.085) Section 5.3 of this bill changes the deadline for this financial statement.

      Existing law provides for requirements related to accounts for certain money received in relation to various loans secured by liens on real property. (NRS 645B.175) Section 5.6 of this bill requires the submission every 6 months of a new financial statement for such accounts.

      Existing law provides for certain advertising requirements for mortgage brokers. (NRS 645B.189) Section 5.9 of this bill revises those requirements to require only those mortgage brokers who have received an initial license in the last 12 months to submit advertisements for the Commissioner’s approval.

      Existing law prohibits a mortgage broker from assigning his interest in a loan that is secured by a lien on real property unless the mortgage broker obtains title insurance for the property and records the assignment in the county recorder’s office of the county in which the property is located. (NRS 645B.310) Section 6 of this bill requires the mortgage broker also to obtain the approval of each investor in the loan if, at the time of the assignment, the debtor on the loan is in default on his loan payments.

 


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ê2007 Statutes of Nevada, Page 950 (Chapter 266, AB 375)ê

 

      Existing law provides for persons who are not subject to chapter 645E of NRS. Similar to the clarification made in section 4.1 of this bill, section 10 of this bill clarifies which subsidiaries or holding companies are not subject to that chapter.

      Existing law provides for the requirements that a person must meet to claim an exemption from the provisions of chapter 645E of NRS. (NRS 645E.160) Similar to the changes made in section 4.2 of this bill, section 10.4 of this bill revises the requirements in regards to those who hold certain licenses and in regards to federal law.

      Existing law provides for various fees related to a license as a mortgage banker. (NRS 645E.280) Section 10.8 of this bill revises the range of fees that may be charged for a license as a mortgage banker.

      Existing law authorizes the Commissioner of Financial Institutions to establish limitations on loans made by a bank to its directors, officers or employees. (NRS 662.145) Section 11 of this bill requires the Commissioner of Mortgage Lending to establish similar limitations on loans made by mortgage bankers to directors, officers or employees of the mortgage banker. (NRS 645E.300)

      Existing law provides for a mortgage banker to submit a financial statement to the Commissioner at the end of each fiscal year. (NRS 645E.360) Section 11.5 of this bill changes the deadline for this financial statement.

      Existing law provides for the regulation of foreign corporations. (Chapter 80 of NRS) Section 12.4 of this bill revises the definition of what constitutes doing business in this State relating to foreign corporations and regarding the activities of a mortgage broker or a mortgage banker or arranging a mortgage loan that is not secured by commercial property.

      Section 12.8 of this bill requires certain present and future holders of a license as a mortgage agent or mortgage broker or a designation as a qualified employee to meet various requirements contained in this bill.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 645B of NRS is hereby amended by adding thereto the provisions set forth as sections 1.4 to 3, inclusive, of this act.

      Sec. 1.4.  1.  In addition to any other requirements provided by this chapter, a person who wishes to receive an initial license as a mortgage broker or mortgage agent must:

      (a) Complete education on mortgage lending as required by this chapter; or

      (b) Successfully pass a written examination as determined by the Division.

      2.  If the applicant for an initial license as a mortgage broker is not a natural person, the applicant must designate a natural person to be the qualified employee of the applicant and meet the requirements of subsection 1.

      3.  The Division:

      (a) May hire a testing organization to create, administer and score a written examination; and

      (b) May create waivers for a written examination.

      4.  The Commissioner may adopt regulations to carry out the provisions of this section, including, without limitation, regulations relating to the content of a written examination, the scoring of a written examination or any possible waivers of a written examination.

      Sec. 1.6.  1.  If a mortgage broker is not a natural person, the mortgage broker must designate a natural person as a qualified employee to act on behalf of the mortgage broker.

 


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ê2007 Statutes of Nevada, Page 951 (Chapter 266, AB 375)ê

 

      2.  The Division shall adopt regulations regarding a qualified employee, including, without limitation, regulations that establish:

      (a) A definition for the term “qualified employee”;

      (b) Any duties of a qualified employee; and

      (c) Any requirements regarding a qualified employee.

      Sec. 1.8.  1.  A course of continuing education that is required pursuant to chapter 645B of NRS must meet the requirements set forth by the Commissioner by regulation.

      2.  The Commissioner shall adopt regulations:

      (a) Relating to the requirements for courses of continuing education, including, without limitation, regulations relating to the providers and instructors of such courses, records kept for such courses, approval and revocation of approval of such courses, monitoring of such courses and disciplinary action taken regarding such courses.

      (b) Allowing for the participation of representatives of the mortgage lending industry pertaining to the creation of regulations regarding such courses.

      Sec. 2.  A mortgage broker shall ensure that each loan secured by a lien on real property for which he engages in activity as a mortgage broker includes a fee for servicing the loan which must be specified in the loan. The fee must be in an amount reasonably necessary to pay the cost of servicing the loan.

      Sec. 3.  1.  A mortgage broker who is a broker-dealer or a sales representative licensed pursuant to NRS 90.310 or who is exempt from licensure pursuant to NRS 90.320:

      (a) Shall not commingle money received for mortgage transactions and money received for securities transactions; and

      (b) Shall ensure that all money received for mortgage transactions is accounted for separately from all money received for securities transactions.

      2.  A mortgage broker who is an investment adviser or a representative of an investment adviser licensed pursuant to NRS 90.330 or exempt from licensure pursuant to NRS 90.340:

      (a) Shall not commingle money received for mortgage transactions and money received for securities transactions; and

      (b) Shall ensure that all money received for mortgage transactions is accounted for separately from all money received for securities transactions.

      Sec. 4.  (Deleted by amendment.)

      Sec. 4.1.  NRS 645B.015 is hereby amended to read as follows:

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

      1.  Any person doing business under the laws of this State, any other state or the United States relating to banks, savings banks, trust companies, savings and loan associations, consumer finance companies, industrial loan companies, credit unions, thrift companies or insurance companies, [unless the business conducted in this State is not subject to supervision by the regulatory authority of the other jurisdiction, in which case licensing pursuant to this chapter is required.] including, without limitation, a subsidiary or a holding company of such a bank, company, association or union.

 


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ê2007 Statutes of Nevada, Page 952 (Chapter 266, AB 375)ê

 

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

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

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

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

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

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

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

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

      Sec. 4.2.  NRS 645B.016 is hereby amended to read as follows:

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

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

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

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

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

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

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

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

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

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

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

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

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

 


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ê2007 Statutes of Nevada, Page 953 (Chapter 266, AB 375)ê

 

out as engaging in or carrying on the business of a mortgage broker or mortgage agent unless the person applies for and is issued:

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

      (b) Another certificate of exemption.

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

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

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

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

      Sec. 4.4.  NRS 645B.050 is hereby amended to read as follows:

      645B.050  1.  A license as a mortgage broker issued pursuant to this chapter expires each year on June 30, unless it is renewed. To renew such a license, the licensee must submit to the Commissioner on or before May 31 of each year:

      (a) An application for renewal;

      (b) The fee required to renew the license pursuant to this section;

      (c) The information required pursuant to NRS 645B.051; and

      (d) All information required to complete the renewal.

      2.  If the licensee fails to submit any item required pursuant to subsection 1 to the Commissioner on or before May 31 of any year, the license is cancelled as of June 30 of that year. The Commissioner may reinstate a cancelled license if the licensee submits to the Commissioner:

      (a) An application for renewal;

      (b) The fee required to renew the license pursuant to this section;

      (c) The information required pursuant to NRS 645B.051;

      (d) Except as otherwise provided in this section, a reinstatement fee of not more than $200; and

      (e) All information required to complete the reinstatement.

      3.  Except as otherwise provided in NRS 645B.016, a certificate of exemption issued pursuant to this chapter expires each year on December 31, unless it is renewed. To renew a certificate of exemption, a person must submit to the Commissioner on or before November 30 of each year:

      (a) An application for renewal that includes satisfactory proof that the person meets the requirements for an exemption from the provisions of this chapter; and

      (b) The fee required to renew the certificate of exemption.

      4.  If the person fails to submit any item required pursuant to subsection 3 to the Commissioner on or before November 30 of any year, the certificate of exemption is cancelled as of December 31 of that year. Except as otherwise provided in NRS 645B.016, the Commissioner may reinstate a cancelled certificate of exemption if the person submits to the Commissioner:

 


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ê2007 Statutes of Nevada, Page 954 (Chapter 266, AB 375)ê

 

      (a) An application for renewal that includes satisfactory proof that the person meets the requirements for an exemption from the provisions of this chapter;

      (b) The fee required to renew the certificate of exemption; and

      (c) Except as otherwise provided in this section, a reinstatement fee of not more than $100.

      5.  Except as otherwise provided in this section, a person must pay the following fees to apply for, to be issued or to renew a license as a mortgage broker pursuant to this chapter:

      (a) To file an original application for a license, not more than $1,500 for the principal office and not more than $40 for each branch office. The person must also pay such additional expenses incurred in the process of investigation as the Commissioner deems necessary.

      (b) To be issued a license, not more than $1,000 for the principal office and not more than $60 for each branch office.

      (c) To renew a license, not more than $500 for the principal office and not more than $100 for each branch office.

      6.  Except as otherwise provided in this section, a person must pay the following fees to apply for or to renew a certificate of exemption pursuant to this chapter:

      (a) To file an application for a certificate of exemption, not more than $200.

      (b) To renew a certificate of exemption, not more than $100.

      7.  To be issued a duplicate copy of any license or certificate of exemption, a person must make a satisfactory showing of its loss and pay a fee of not more than $10.

      8.  Except as otherwise provided in this chapter, all fees received pursuant to this chapter must be deposited in the Fund for Mortgage Lending created by NRS 645F.270.

      9.  The Commissioner may, by regulation, [increase] adjust any fee set forth in this section if the Commissioner determines that such an [increase] adjustment is necessary for the Commissioner to carry out his duties pursuant to this chapter. The amount of any [increase] adjustment in a fee pursuant to this subsection must not exceed the amount determined to be necessary for the Commissioner to carry out his duties pursuant to this chapter.

      Sec. 4.8.  NRS 645B.051 is hereby amended to read as follows:

      645B.051  1.  Except as otherwise provided in this section, in addition to the requirements set forth in NRS 645B.050, to renew a license as a mortgage broker:

      (a) If the licensee is a natural person, the licensee must submit to the Commissioner satisfactory proof that the licensee attended at least 10 hours of certified courses of continuing education during the 12 months immediately preceding the date on which the license expires.

      (b) If the licensee is not a natural person, the licensee must submit to the Commissioner satisfactory proof that each natural person who supervises the daily business of the licensee attended at least 10 hours of certified courses of continuing education during the 12 months immediately preceding the date on which the license expires.

      2.  The Commissioner may provide by regulation that [any] , if a person attends more than 10 hours of [a certified course] certified courses of continuing education [attended] during a 12-month period, [but not needed] the extra hours may be used to satisfy [a requirement set forth in this section] the requirement for the immediately following 12-month period [in which the course was taken, may be used to satisfy a requirement set forth in this section for a later 12-month period.]

 


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ê2007 Statutes of Nevada, Page 955 (Chapter 266, AB 375)ê

 

the extra hours may be used to satisfy [a requirement set forth in this section] the requirement for the immediately following 12-month period [in which the course was taken, may be used to satisfy a requirement set forth in this section for a later 12-month period.] and for that immediately following 12-month period only.

      3.  As used in this section, “certified course of continuing education” means a course of continuing education which relates to the mortgage industry or mortgage transactions and which [is certified by:

      (a) The National Association of Mortgage Brokers or any successor in interest to that organization; or

      (b) Any organization designated for this purpose by the Commissioner by regulation.] meets the requirements set forth by the Commissioner by regulation pursuant to section 1.8 of this act.

      Sec. 5.  NRS 645B.060 is hereby amended to read as follows:

      645B.060  1.  Subject to the administrative control of the Director of the Department of Business and Industry, the Commissioner shall exercise general supervision and control over mortgage brokers and mortgage agents doing business in this State.

      2.  In addition to the other duties imposed upon him by law, the Commissioner shall:

      (a) Adopt regulations:

             (1) Setting forth the requirements for an investor to acquire ownership of or a beneficial interest in a loan secured by a lien on real property. The regulations must include, without limitation, the minimum financial conditions that the investor must comply with before becoming an investor.

             (2) Establishing reasonable limitations and guidelines on loans made by a mortgage broker to a director, officer, mortgage agent or employee of the mortgage broker.

      (b) Adopt any other regulations that are necessary to carry out the provisions of this chapter, except as to loan brokerage fees.

      [(b)] (c) Conduct such investigations as may be necessary to determine whether any person has violated any provision of this chapter, a regulation adopted pursuant to this chapter or an order of the Commissioner.

      [(c)] (d) [Conduct] Except as otherwise provided in subsection 4, conduct an annual examination of each mortgage broker doing business in this State. The annual examination must include, without limitation, a formal exit review with the mortgage broker. The Commissioner shall adopt regulations prescribing:

             (1) Standards for determining the rating of each mortgage broker based upon the results of the annual examination; and

             (2) Procedures for resolving any objections made by the mortgage broker to the results of the annual examination. The results of the annual examination may not be opened to public inspection pursuant to NRS 645B.090 until any objections made by the mortgage broker have been decided by the Commissioner.

      [(d)] (e) Conduct such other examinations, periodic or special audits, investigations and hearings as may be necessary [and proper] for the efficient administration of the laws of this State regarding mortgage brokers and mortgage agents. The Commissioner shall adopt regulations specifying the general guidelines that will be followed when a periodic or special audit of a mortgage broker is conducted pursuant to this chapter.

 


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ê2007 Statutes of Nevada, Page 956 (Chapter 266, AB 375)ê

 

      [(e)] (f) Classify as confidential certain records and information obtained by the Division when those matters are obtained from a governmental agency upon the express condition that they remain confidential. This paragraph does not limit examination by:

             (1) The Legislative Auditor; or

             (2) The Department of Taxation if necessary to carry out the provisions of chapter 363A of NRS.

      [(f)] (g) Conduct such examinations and investigations as are necessary to ensure that mortgage brokers and mortgage agents meet the requirements of this chapter for obtaining a license, both at the time of the application for a license and thereafter on a continuing basis.

      3.  For each special audit, investigation or examination, a mortgage broker or mortgage agent shall pay a fee based on the rate established pursuant to NRS 645F.280.

      4.  The Commissioner may conduct biennial examinations of a mortgage broker instead of annual examinations, as described in paragraph (d) of subsection 2, if the mortgage broker:

      (a) Received a rating in the last annual examination that meets a threshold determined by the Commissioner;

      (b) Has not had any adverse change in financial condition since the last annual examination, as shown by financial statements of the mortgage broker;

      (c) Has not had any complaints received by the Division that resulted in any administrative action by the Division; and

      (d) Does not maintain any trust accounts pursuant to NRS 645B.170 or 645B.175 or arrange loans funded by private investors.

      Sec. 5.3.  NRS 645B.085 is hereby amended to read as follows:

      645B.085  1.  Except as otherwise provided in this section, not later than [90] 120 days after the last day of each fiscal year for a mortgage broker, the mortgage broker shall submit to the Commissioner a financial statement that:

      (a) Is dated not earlier than the last day of the fiscal year; and

      (b) Has been prepared from the books and records of the mortgage broker by an independent public accountant who holds a permit to engage in the practice of public accounting in this State that has not been revoked or suspended.

      2.  The Commissioner may grant a reasonable extension for the submission of a financial statement pursuant to this section if a mortgage broker requests such an extension before the date on which the financial statement is due.

      3.  If a mortgage broker maintains any accounts described in subsection 1 of NRS 645B.175, the financial statement submitted pursuant to this section must be audited. If a mortgage broker maintains any accounts described in subsection 4 of NRS 645B.175, those accounts must be audited. The public accountant who prepares the report of an audit shall submit a copy of the report to the Commissioner at the same time that he submits the report to the mortgage broker.

      4.  The Commissioner shall adopt regulations prescribing the scope of an audit conducted pursuant to subsection 3.

      Sec. 5.6.  NRS 645B.175 is hereby amended to read as follows:

      645B.175  1.  Except as otherwise provided in this section, all money received by a mortgage broker and his mortgage agents from an investor to acquire ownership of or a beneficial interest in a loan secured by a lien on real property must:

 


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ê2007 Statutes of Nevada, Page 957 (Chapter 266, AB 375)ê

 

acquire ownership of or a beneficial interest in a loan secured by a lien on real property must:

      (a) Be deposited in:

             (1) An insured depository financial institution; or

             (2) An escrow account which is controlled by a person who is independent of the parties and subject to instructions regarding the account which are approved by the parties.

      (b) Be kept separate from money:

             (1) Belonging to the mortgage broker in an account appropriately named to indicate that the money does not belong to the mortgage broker.

             (2) Received pursuant to subsection 4.

      2.  Except as otherwise provided in this section, the amount held in trust pursuant to subsection 1 must be released:

      (a) Upon completion of the loan, including proper recordation of the respective interests or release, or upon completion of the transfer of the ownership or beneficial interest therein, to the debtor or his designee less the amount due the mortgage broker for the payment of any fee or service charge;

      (b) If the loan or the transfer thereof is not consummated, to each investor who furnished the money held in trust; or

      (c) Pursuant to any instructions regarding the escrow account.

      3.  The amount held in trust pursuant to subsection 1 must not be released to the debtor or his designee unless:

      (a) The amount released is equal to the total amount of money which is being loaned to the debtor for that loan, less the amount due the mortgage broker for the payment of any fee or service charge; and

      (b) The mortgage broker has provided a written instruction to a title agent or title insurer requiring that a lender’s policy of title insurance or appropriate title endorsement, which names as an insured each investor who owns a beneficial interest in the loan, be issued for the real property securing the loan.

      4.  Except as otherwise provided in this section, all money paid to a mortgage broker and his mortgage agents by a person in full or in partial payment of a loan secured by a lien on real property, must:

      (a) Be deposited in:

             (1) An insured depository financial institution; or

             (2) An escrow account which is controlled by a person who is subject to instructions regarding the account which are approved by the parties.

      (b) Be kept separate from money:

             (1) Belonging to the mortgage broker in an account appropriately named to indicate that it does not belong to the mortgage broker.

             (2) Received pursuant to subsection 1.

      5.  Except as otherwise provided in this section, the amount held in trust pursuant to subsection 4:

      (a) Must be released, upon the deduction and payment of any fee or service charge due the mortgage broker, to each investor who owns a beneficial interest in the loan in exact proportion to the beneficial interest that he owns in the loan; and

      (b) Must not be released, in any proportion, to an investor who owns a beneficial interest in the loan, unless the amount described in paragraph (a) is also released to every other investor who owns a beneficial interest in the loan.

 


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ê2007 Statutes of Nevada, Page 958 (Chapter 266, AB 375)ê

 

      6.  An investor may waive, in writing, the right to receive one or more payments, or portions thereof, that are released to other investors in the manner set forth in subsection 5. A mortgage broker or mortgage agent shall not act as the attorney-in-fact or the agent of an investor with respect to the giving of a written waiver pursuant to this subsection. Any such written waiver applies only to the payment or payments, or portions thereof, that are included in the written waiver and does not affect the right of the investor to:

      (a) Receive the waived payment or payments, or portions thereof, at a later date; or

      (b) Receive all other payments in full and in accordance with the provisions of subsection 5.

      7.  Upon reasonable notice, any mortgage broker described in this section shall:

      (a) Account to any investor or debtor who has paid to the mortgage broker or his mortgage agents money that is required to be deposited in a trust account pursuant to this section; and

      (b) Account to the Commissioner for all money which the mortgage broker and his mortgage agents have received from each investor or debtor and which the mortgage broker is required to deposit in a trust account pursuant to this section.

      8.  Money received by a mortgage broker and his mortgage agents pursuant to this section from a person who is not associated with the mortgage broker may be held in trust for not more than 45 days before an escrow account must be opened in connection with the loan. If, within this 45-day period, the loan or the transfer therefor is not consummated, the money must be returned within 24 hours. If the money is so returned, it may not be reinvested with the mortgage broker for at least 15 days.

      9.  If a mortgage broker or a mortgage agent receives any money pursuant to this section, the mortgage broker or mortgage agent, after the deduction and payment of any fee or service charge due the mortgage broker, shall not release the money to:

      (a) Any person who does not have a contractual or legal right to receive the money; or

      (b) Any person who has a contractual right to receive the money if the mortgage broker or mortgage agent knows or, in light of all the surrounding facts and circumstances, reasonably should know that the person’s contractual right to receive the money violates any provision of this chapter or a regulation adopted pursuant to this chapter.

      10.  If a mortgage broker maintains any accounts described in subsection 1 or subsection 4, the mortgage broker shall, in addition to the annual financial statement audited pursuant to NRS 645B.085, submit to the Commissioner each 6 calendar months a financial statement concerning those trust accounts.

      11.  The Commissioner shall adopt regulations concerning the form and content required for financial statements submitted pursuant to subsection 10.

      Sec. 5.9.  NRS 645B.189 is hereby amended to read as follows:

      645B.189  1.  If, in carrying on his business, a mortgage broker uses an advertisement that is designed, intended or reasonably likely to solicit money from private investors, the mortgage broker shall include in each such advertisement a statement of disclosure in substantially the following form:

 


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ê2007 Statutes of Nevada, Page 959 (Chapter 266, AB 375)ê

 

Money invested through a mortgage broker is not guaranteed to earn any interest or return and is not insured.

 

      2.  A mortgage broker shall include in each advertisement that the mortgage broker uses in carrying on his business any statements of disclosure required pursuant to the regulations adopted by the Commissioner or required pursuant to an order of the Commissioner entered in accordance with subsections 7 and 8 of NRS 645B.185.

      3.  Each mortgage broker who has received his initial license within the past 12 months shall submit any proposed advertisement that the mortgage broker intends to use in carrying on his business to the Commissioner for approval.

      4.  In addition to the requirements set forth in this chapter, each advertisement that a mortgage broker uses in carrying on his business must comply with the requirements of:

      (a) NRS 598.0903 to 598.0999, inclusive, concerning deceptive trade practices; and

      (b) Any applicable federal statute or regulation concerning deceptive advertising and the advertising of interest rates.

      5.  If a mortgage broker violates any provision of NRS 598.0903 to 598.0999, inclusive, concerning deceptive trade practices or any federal statute or regulation concerning deceptive advertising or the advertising of interest rates, in addition to any sanction or penalty imposed by state or federal law upon the mortgage broker for the violation, the Commissioner may take any disciplinary action set forth in subsection 2 of NRS 645B.670 against the mortgage broker.

      6.  The Commissioner may adopt any regulations that are necessary to carry out the provisions of this section.

      Sec. 6.  NRS 645B.310 is hereby amended to read as follows:

      645B.310  A mortgage broker shall not assign all or a part of his interest in a loan secured by a lien on real property, unless the mortgage broker:

      1.  Obtains a policy of title insurance for the real property; [and]

      2.  Obtains the approval of the assignment from each investor who has acquired ownership of or a beneficial interest in the loan if, at the time of the assignment, the debtor on the loan has defaulted in making a payment required for the loan or any portion of the loan; and

      3.  Records the assignment in the office of the county recorder of the county in which the real property is located.

      Secs. 7-9.  (Deleted by amendment.)

      Sec. 10.  NRS 645E.150 is hereby amended to read as follows:

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

      1.  Any person doing business under the laws of this State, any other state or the United States relating to banks, savings banks, trust companies, savings and loan associations, consumer finance companies, industrial loan companies, credit unions, thrift companies or insurance companies, [unless the business conducted in this State is not subject to supervision by the regulatory authority of the other jurisdiction, in which case licensing pursuant to this chapter is required.] including, without limitation, a subsidiary or a holding company of such a bank, company, association or union.

 


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ê2007 Statutes of Nevada, Page 960 (Chapter 266, AB 375)ê

 

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

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

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

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

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

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

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

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

      Sec. 10.4.  NRS 645E.160 is hereby amended to read as follows:

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

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

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

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

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

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

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

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

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

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

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

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

 


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ê2007 Statutes of Nevada, Page 961 (Chapter 266, AB 375)ê

 

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

      (b) Another certificate of exemption.

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

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

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

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

      Sec. 10.8.  NRS 645E.280 is hereby amended to read as follows:

      645E.280  1.  A license issued to a mortgage banker pursuant to this chapter expires each year on December 31, unless it is renewed. To renew a license, the licensee must submit to the Commissioner on or before December 31 of each year:

      (a) An application for renewal that complies with the requirements of this chapter; and

      (b) The fee required to renew the license pursuant to this section.

      2.  If the licensee fails to submit any item required pursuant to subsection 1 to the Commissioner on or before December 31 of any year, the license is cancelled. The Commissioner may reinstate a cancelled license if the licensee submits to the Commissioner:

      (a) An application for renewal that complies with the requirements of this chapter;

      (b) The fee required to renew the license pursuant to this section; and

      (c) A reinstatement fee of not more than $200.

      3.  Except as otherwise provided in NRS 645E.160, a certificate of exemption issued pursuant to this chapter expires each year on December 31, unless it is renewed. To renew a certificate of exemption, a person must submit to the Commissioner on or before December 31 of each year:

      (a) An application for renewal that complies with the requirements of this chapter; and

      (b) The fee required to renew the certificate of exemption.

      4.  If the person fails to submit any item required pursuant to subsection 3 to the Commissioner on or before December 31 of any year, the certificate of exemption is cancelled. Except as otherwise provided in NRS 645E.160, the Commissioner may reinstate a cancelled certificate of exemption if the person submits to the Commissioner:

      (a) An application for renewal that complies with the requirements of this chapter;

      (b) The fee required to renew the certificate of exemption; and

      (c) A reinstatement fee of not more than $100.

      5.  A person must pay the following fees to apply for, to be issued or to renew a license as a mortgage banker pursuant to this chapter:

      (a) To file an original application for a license, not more than $1,500 for the principal office and not more than $40 for each branch office. The person must also pay such additional expenses incurred in the process of investigation as the Commissioner deems necessary.

 


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ê2007 Statutes of Nevada, Page 962 (Chapter 266, AB 375)ê

 

person must also pay such additional expenses incurred in the process of investigation as the Commissioner deems necessary.

      (b) To be issued a license, not more than $1,000 for the principal office and not more than $60 for each branch office.

      (c) To renew a license, not more than $500 for the principal office and not more than $100 for each branch office.

      6.  A person must pay the following fees to apply for or to renew a certificate of exemption pursuant to this chapter:

      (a) To file an application for a certificate of exemption, not more than $200.

      (b) To renew a certificate of exemption, not more than $100.

      7.  To be issued a duplicate copy of any license or certificate of exemption, a person must make a satisfactory showing of its loss and pay a fee of not more than $10.

      8.  Except as otherwise provided in this chapter, all fees received pursuant to this chapter must be deposited in the Fund for Mortgage Lending created by NRS 645F.270.

      9.  The Commissioner may, by regulation, adjust any fee set forth in this section if the Commissioner determines that such an adjustment is necessary for the Commissioner to carry out his duties pursuant to this chapter. The amount of any adjustment in a fee pursuant to this subsection must not exceed the amount determined to be necessary for the Commissioner to carry out his duties pursuant to this chapter.

      Sec. 11.  NRS 645E.300 is hereby amended to read as follows:

      645E.300  1.  Subject to the administrative control of the Director of the Department of Business and Industry, the Commissioner shall exercise general supervision and control over mortgage bankers doing business in this State.

      2.  In addition to the other duties imposed upon him by law, the Commissioner shall:

      (a) Adopt regulations establishing reasonable limitations and guidelines on loans made by a mortgage banker to a director, officer or employee of the mortgage banker.

      (b) Adopt any other regulations that are necessary to carry out the provisions of this chapter, except as to loan fees.

      [(b)] (c) Conduct such investigations as may be necessary to determine whether any person has violated any provision of this chapter, a regulation adopted pursuant to this chapter or an order of the Commissioner.

      [(c)] (d) [Conduct] Except as otherwise provided in subsection 4, conduct an annual examination of each mortgage banker doing business in this State.

      [(d)] (e) Conduct such other examinations, periodic or special audits, investigations and hearings as may be necessary [and proper] for the efficient administration of the laws of this State regarding mortgage bankers.

      [(e)] (f) Classify as confidential certain records and information obtained by the Division when those matters are obtained from a governmental agency upon the express condition that they remain confidential. This paragraph does not limit examination by:

             (1) The Legislative Auditor; or

             (2) The Department of Taxation if necessary to carry out the provisions of chapter 363A of NRS.

 


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ê2007 Statutes of Nevada, Page 963 (Chapter 266, AB 375)ê

 

      [(f)] (g) Conduct such examinations and investigations as are necessary to ensure that mortgage bankers meet the requirements of this chapter for obtaining a license, both at the time of the application for a license and thereafter on a continuing basis.

      3.  For each special audit, investigation or examination, a mortgage banker shall pay a fee based on the rate established pursuant to NRS 645F.280.

      4.  The Commissioner may conduct biennial examinations of a mortgage banker instead of annual examinations, as described in paragraph (d) of subsection 2, if the mortgage banker:

      (a) Received a rating in the last annual examination that meets a threshold determined by the Commissioner;

      (b) Has not had any adverse change in financial condition since the last annual examination, as shown by financial statements of the mortgage banker; and

      (c) Has not had any complaints received by the Division that resulted in any administrative action by the Division.

      Sec. 11.5.  NRS 645E.360 is hereby amended to read as follows:

      645E.360  1.  Except as otherwise provided in this section, not later than [60] 120 days after the last day of each fiscal year for a mortgage banker, the mortgage banker shall submit to the Commissioner a financial statement that:

      (a) Is dated not earlier than the last day of the fiscal year; and

      (b) Has been prepared from the books and records of the mortgage banker by an independent public accountant who holds a permit to engage in the practice of public accounting in this State that has not been revoked or suspended.

      2.  The Commissioner may grant a reasonable extension for the submission of a financial statement pursuant to this section if a mortgage banker requests such an extension before the date on which the financial statement is due.

      3.  If a mortgage banker maintains any accounts described in NRS 645E.430, the financial statement submitted pursuant to this section must be audited. The public accountant who prepares the report of an audit shall submit a copy of the report to the Commissioner at the same time that he submits the report to the mortgage banker.

      4.  The Commissioner shall adopt regulations prescribing the scope of an audit conducted pursuant to subsection 3.

      Sec. 12.  (Deleted by amendment.)

      Sec. 12.4.  NRS 80.015 is hereby amended to read as follows:

      80.015  1.  For the purposes of this chapter, the following activities do not constitute doing business in this State:

      (a) Maintaining, defending or settling any proceeding;

      (b) Holding meetings of the board of directors or stockholders or carrying on other activities concerning internal corporate affairs;

      (c) Maintaining accounts in banks or credit unions;

      (d) Maintaining offices or agencies for the transfer, exchange and registration of the corporation’s own securities or maintaining trustees or depositaries with respect to those securities;

      (e) Making sales through independent contractors;

 


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ê2007 Statutes of Nevada, Page 964 (Chapter 266, AB 375)ê

 

      (f) Soliciting or receiving orders outside of this State through or in response to letters, circulars, catalogs or other forms of advertising, accepting those orders outside of this State and filling them by shipping goods into this State;

      (g) Creating or acquiring indebtedness, mortgages and security interests in real or personal property;

      (h) Securing or collecting debts or enforcing mortgages and security interests in property securing the debts;

      (i) Owning, without more, real or personal property;

      (j) Isolated transactions completed within 30 days and not a part of a series of similar transactions;

      (k) The production of motion pictures as defined in NRS 231.020;

      (l) Transacting business as an out-of-state depository institution pursuant to the provisions of title 55 of NRS; and

      (m) Transacting business in interstate commerce.

      2.  The list of activities in subsection 1 is not exhaustive.

      3.  A person who is not doing business in this State within the meaning of this section need not qualify or comply with any provision of this chapter, chapter 645A, 645B or 645E of NRS or title 55 or 56 of NRS unless he:

      (a) Maintains an office in this State for the transaction of business; [or]

      (b) Solicits or accepts deposits in the State, except pursuant to the provisions of chapter 666 or 666A of NRS [.] ;

      (c) Solicits business for the activities of a mortgage broker as defined by NRS 645B.0127 or the activities of a mortgage banker as defined by NRS 645E.100; or

      (d) Arranges a mortgage loan secured by real property which is not commercial property as defined by NRS 645E.040.

      4.  The fact that a person is not doing business in this State within the meaning of this section:

      (a) Does not affect the determination of whether any court, administrative agency or regulatory body in this State may exercise personal jurisdiction over the person in any civil action, criminal action, administrative proceeding or regulatory proceeding; and

      (b) Except as otherwise provided in subsection 3, does not affect the applicability of any other provision of law with respect to the person and may not be offered as a defense or introduced in evidence in any civil action, criminal action, administrative proceeding or regulatory proceeding to prove that the person is not doing business in this State, including, without limitation, any civil action, criminal action, administrative proceeding or regulatory proceeding involving an alleged violation of chapter 597, 598 or 598A of NRS.

      5.  As used in this section and for the purposes of NRS 80.016, “deposits” means demand deposits, savings deposits and time deposits, as those terms are defined in chapter 657 of NRS.

      Sec. 12.8.  1.  Any person who received or will receive a mortgage agent license between October 1, 2004, and June 30, 2008, must fulfill the requirements of section 1.4 of this act before January 1, 2009, in the same manner as a person obtaining an initial license. If the person who received a mortgage agent license between October 1, 2004, and June 30, 2008, does not do so, the license of that person is suspended until he does so.

      2.  Any natural person who received or will receive a mortgage broker license or an initial designation as a qualified employee by a mortgage broker between October 1, 2005, and June 30, 2008, must fulfill the requirements of section 1.4 of this act before January 1, 2009, in the same manner as a natural person obtaining an initial license.

 


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ê2007 Statutes of Nevada, Page 965 (Chapter 266, AB 375)ê

 

broker between October 1, 2005, and June 30, 2008, must fulfill the requirements of section 1.4 of this act before January 1, 2009, in the same manner as a natural person obtaining an initial license. If the natural person who received a mortgage broker license or was initially designated as the qualified employee by a mortgage broker between October 1, 2005, and June 30, 2008, does not do so, the license of that natural person is suspended until he does so.

      Sec. 13.  1.  This section, section 1 and sections 2 to 12.4, inclusive, of this act become effective upon passage and approval for the purpose of adopting regulations and on October 1, 2007, for all other purposes.

      2.  Sections 1.4, 1.6, 1.8 and 12.8 of this act become effective:

      (a) Upon passage and approval for purpose of adopting regulations, administering examinations as set forth in section 1.4 of this act and approving courses of continuing education as set forth in section 1.8 of this act; and

      (b) On July 1, 2008, for all other purposes.

________

 

CHAPTER 267, AB 80

Assembly Bill No. 80–Committee on Elections, Procedures, Ethics, and Constitutional Amendments

 

CHAPTER 267

 

AN ACT relating to elections; requiring certain business entities to register with and provide certain identifying information to the Secretary of State before engaging in certain political activities; requiring the Secretary of State to make such information available on his Internet website; requiring certain business entities that make expenditures on behalf of a candidate or group of candidates or who advocate the passage or defeat of a question or group of questions on a ballot to file certain campaign finance reports; providing a civil penalty; and providing other matters properly relating thereto.

 

[Approved: June 1, 2007]

 

Legislative Counsel’s Digest:

      Existing law provides that certain entities, including committees for political action and nonprofit corporations, must register with and provide certain information to the Secretary of State before engaging in certain political activities. (NRS 294A.0055, 294A.230, 294A.375) Under existing law, the definition of the term “committee for political action” excludes business associations that are required to file documentation of organization with the Secretary of State. (NRS 294A.0055) Sections 2 and 3 of this bill provide that business entities must register with and provide to the Secretary of State certain identifying information before the business entity may solicit or receive contributions, make contributions or make expenditures designed to affect the outcome of an election except a business entity for which: (1) the owners, investors, officers, directors, members or other organizers are disclosed in a public record; or (2) the business purpose is disclosed in a public record that clearly identifies a specific business in a manner that is verifiable. Section 3 also requires the Secretary of State to make such information available on the Internet website of the Secretary of State.

      Under existing law, certain persons and entities which make an expenditure on behalf of a candidate or group of candidates, advocate the passage or defeat of a ballot question or group of questions, or initiate or circulate a petition for a constitutional amendment or a statewide measure proposed by initiative or referendum, are required to report the receipt of certain campaign contributions and report certain campaign expenditures.

 


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ê2007 Statutes of Nevada, Page 966 (Chapter 267, AB 80)ê

 

ballot question or group of questions, or initiate or circulate a petition for a constitutional amendment or a statewide measure proposed by initiative or referendum, are required to report the receipt of certain campaign contributions and report certain campaign expenditures. (NRS 294A.004, 294A.005, 294A.007, 294A.140, 294A.150, 294A.210, 294A.220) Sections 5-9 of this bill apply the same requirements to business entities that are required to register with the Secretary of State pursuant to section 3 of this bill that engage in such activities.

      Existing law requires the Secretary of State to prepare and make available for public inspection a compilation of certain contributions, loans and expenditures made by certain persons and entities in supporting or opposing a ballot question or candidate. (NRS 294A.400) Section 13 of this bill requires the Secretary of State to include within that compilation the same types of contributions, loans and expenditures if made by a business entity that is required to register with the Secretary of State pursuant to section 3 of this bill.

      Existing law provides that if a person or entity fails to file a report or registration form as required pursuant to certain sections of chapter 294A of NRS, the person or entity may be subject to a civil penalty recovered in a civil action brought by the Secretary of State in the First Judicial District Court. (NRS 294A.420) Section 14 of this bill applies the same provisions to business entities that are required to register with the Secretary of State pursuant to section 3 of this bill.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 294A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  “Business entity” means any corporation, company or other form of business organization. The term does not include a business entity for which:

      1.  The owners, investors, officers, directors, members or other organizers of the entity are disclosed in any public record; or

      2.  The business purpose of the entity is disclosed in a public record that clearly identifies a specific business in a manner that is verifiable.

      Sec. 3.  1.  A business entity shall register with the Secretary of State by submitting the completed form described in subsection 2 before it engages in any of the following activities in this State:

      (a) Soliciting or receiving contributions from any other person, group or entity;

      (b) Making contributions to candidates or other persons; or

      (c) Making expenditures,

Ê designed to affect the outcome of any primary election, primary city election, general election, general city election, special election or question on the ballot.

      2.  The form must require:

      (a) The name of the business entity;

      (b) The purpose for which it was organized;

      (c) The names and addresses of each owner, investor, officer, director, member or other organizer of the entity;

      (d) If the business entity is affiliated with any other organization, the name, address and telephone number of each such organization;

      (e) The name, address and telephone number of its resident agent, if any;

      (f) A designation of the activities listed in subsection 1 in which it intends to engage; and

 


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ê2007 Statutes of Nevada, Page 967 (Chapter 267, AB 80)ê

 

      (g) Any other information deemed necessary by the Secretary of State.

      3.  The Secretary of State shall, in a timely manner, include on the portion of his Internet website that is devoted to information concerning elections and campaigns the information required pursuant to subsection 2.

      Sec. 4.  NRS 294A.002 is hereby amended to read as follows:

      294A.002  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 294A.004 to 294A.009, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.

      Sec. 4.5.  NRS 294A.0055 is hereby amended to read as follows:

      294A.0055  1.  “Committee for political action” means any group of natural persons or entities that solicits or receives contributions from any other person, group or entity and:

      (a) Makes or intends to make contributions to candidates or other persons; or

      (b) Makes or intends to make expenditures,

Ê designed to affect the outcome of any primary, general or special election or question on the ballot.

      2.  “Committee for political action” does not include:

      (a) An organization made up of legislative members of a political party whose primary purpose is to provide support for their political efforts.

      (b) An entity solely because it provides goods or services to a candidate or committee in the regular course of its business at the same price that would be provided to the general public.

      (c) An individual natural person.

      (d) An individual corporation or other business [entity] organization who has filed articles of incorporation or other documentation of organization with the Secretary of State pursuant to title 7 of NRS.

      (e) A labor union.

      (f) A personal campaign committee or the personal representative of a candidate who receives contributions or makes expenditures that are reported as campaign contributions or expenditures by the candidate.

      (g) A committee for the recall of a public officer.

      Sec. 5.  NRS 294A.007 is hereby amended to read as follows:

      294A.007  1.  “Contribution” means a gift, loan, conveyance, deposit, payment, transfer or distribution of money or of anything of value other than the services of a volunteer, and includes:

      (a) The payment by any person, other than a candidate, of compensation for the personal services of another person which are rendered to a:

             (1) Candidate;

             (2) Person who is not under the direction or control of a candidate or group of candidates or of any person involved in the campaign of the candidate or group who makes an expenditure on behalf of the candidate or group which is not solicited or approved by the candidate or group;

             (3) Committee for political action, political party , [or] committee sponsored by a political party or business entity which makes an expenditure on behalf of a candidate or group of candidates; or

             (4) Person or group of persons organized formally or informally , including a business entity, who advocates the passage or defeat of a question or group of questions on the ballot,

Ê without charge to the candidate, person, committee or political party.

 


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ê2007 Statutes of Nevada, Page 968 (Chapter 267, AB 80)ê

 

      (b) The value of services provided in kind for which money would have otherwise been paid, such as paid polling and resulting data, paid direct mail, paid solicitation by telephone, any paid paraphernalia that was printed or otherwise produced to promote a campaign and the use of paid personnel to assist in a campaign.

      2.  As used in this section, “volunteer” means a person who does not receive compensation of any kind, directly or indirectly, for the services he provides to a campaign.

      Sec. 6.  NRS 294A.140 is hereby amended to read as follows:

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

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

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

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

      (c) July 15 of the year of the general election or general city election for that office, for the period from 11 days before the general election or general city election through June 30 of that year,

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

 


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ê2007 Statutes of Nevada, Page 969 (Chapter 267, AB 80)ê

 

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

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

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

      (b) Seven days before the general election or general city election for that office, for the period from 11 days before the primary election or primary city election through 12 days before the general election or general city election,

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

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

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

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

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

      6.  Every person, committee , [or] political party or business entity described in subsection 1 which makes an expenditure on behalf of a candidate for office at a special election to determine whether a public officer will be recalled or on behalf of a group of candidates for offices at such special elections shall report each contribution in excess of $100 received during the period and contributions received during the period from a contributor which cumulatively exceed $100. The report must be completed on the form designed and provided by the Secretary of State pursuant to NRS 294A.373 and signed by the person or a representative of the committee , [or ] political party or business entity under penalty of perjury, 30 days after:

 


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

ê2007 Statutes of Nevada, Page 970 (Chapter 267, AB 80)ê

 

the committee , [or ] political party or business entity under penalty of perjury, 30 days after:

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

      (b) If the special election is not held because a district court determines that the petition for recall is legally insufficient pursuant to subsection 5 of NRS 306.040, for the period from the filing of the notice of intent to circulate the petition for recall through the date of the district court’s decision.

      7.  The reports of contributions required pursuant to this section must be filed with:

      (a) If the candidate is elected from one county, the county clerk of that county;

      (b) If the candidate is elected from one city, the city clerk of that city; or

      (c) If the candidate is elected from more than one county or city, the Secretary of State.

      8.  A person or entity may file the report with the appropriate officer by regular mail, certified mail, facsimile machine or electronic means. A report shall be deemed to be filed with the officer:

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

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

      9.  Each county clerk or city clerk who receives a report pursuant to this section shall file a copy of the report with the Secretary of State within 10 working days after he receives the report.

      10.  Every person, committee , [or] political party or business entity described in subsection 1 shall file a report required by this section even if he or it receives no contributions.

      Sec. 7.  NRS 294A.150 is hereby amended to read as follows:

      294A.150  1.  Every person or group of persons organized formally or informally , including a business entity, who advocates the passage or defeat of a question or group of questions on the ballot at a primary election, primary city election, general election or general city election and every person or group of persons , including a business entity, who initiates or circulates a petition for a constitutional amendment or a petition for a statewide measure proposed by an initiative or a referendum and who receives or expends money in an amount in excess of $10,000 to support such initiation or circulation shall, not later than January 15 of each year that the provisions of this subsection apply to the person or group of persons, for the period from January 1 of the previous year through December 31 of the previous year, report each campaign contribution in excess of $100 received during that period and contributions received during the period from a contributor which cumulatively exceed $100. The report must be completed on the form designed and provided by the Secretary of State pursuant to NRS 294A.373. The form must be signed by the person or a representative of the group or business entity under penalty of perjury. The provisions of this subsection apply to the person or group of persons [:] or business entity:

      (a) Each year in which an election or city election is held for each question for which the person , [or] group or business entity advocates passage or defeat or each year in which a person , [or] group or business entity receives or expends money in excess of $10,000 to support the initiation or circulation of a petition for a constitutional amendment or a petition for a statewide measure proposed by an initiative or a referendum; and

 


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

ê2007 Statutes of Nevada, Page 971 (Chapter 267, AB 80)ê

 

initiation or circulation of a petition for a constitutional amendment or a petition for a statewide measure proposed by an initiative or a referendum; and

      (b) The year after each year described in paragraph (a).

      2.  If a question is on the ballot at a primary election or primary city election and the general election or general city election immediately following that primary election or primary city election is held on or after January 1 and before the July 1 immediately following that January 1, every person or group of persons organized formally or informally , including a business entity, who advocates the passage or defeat of the question or a group of questions that includes the question shall comply with the requirements of this subsection. If a question is on the ballot at a general election or general city election held on or after January 1 and before the July 1 immediately following that January 1, every person or group of persons organized formally or informally , including a business entity, who advocates the passage or defeat of the question or a group of questions that includes the question shall comply with the requirements of this subsection. A person , [or] group of persons or business entity described in this subsection shall, not later than:

      (a) Seven days before the primary election or primary city election, for the period from the January 1 immediately preceding the primary election or primary city election through 12 days before the primary election or primary city election;

      (b) Seven days before the general election or general city election, for the period from 11 days before the primary election or primary city election through 12 days before the general election or general city election; and

      (c) July 15 of the year of the general election or general city election, for the period from 11 days before the general election or general city election through June 30 of that year,

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

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

      4.  If a question is on the ballot at a primary election or primary city election and the general election or general city election immediately following that primary election or primary city election is held on or after July 1 and before the January 1 immediately following that July 1, every person or group of persons organized formally or informally , including a business entity, who advocates the passage or defeat of the question or a group of questions that includes the question shall comply with the requirements of this subsection. If a question is on the ballot at a general election or general city election held on or after July 1 and before the January 1 immediately following that July 1, every person or group of persons organized formally or informally , including a business entity, who advocates the passage or defeat of the question or a group of questions that includes the question shall comply with the requirements of this subsection.

 


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

ê2007 Statutes of Nevada, Page 972 (Chapter 267, AB 80)ê

 

includes the question shall comply with the requirements of this subsection. Every person , [or] group of persons or business entity who initiates or circulates a petition for a constitutional amendment or a petition for a statewide measure proposed by an initiative or a referendum and who receives or expends money in an amount in excess of $10,000 to support such initiation or circulation shall comply with the requirements of this subsection. A person , [or] group of persons or business entity described in this subsection shall, not later than:

      (a) Seven days before the primary election or primary city election, for the period from the January 1 immediately preceding the primary election or primary city election through 12 days before the primary election or primary city election; and

      (b) Seven days before the general election or general city election, for the period from 11 days before the primary election or primary city election through 12 days before the general election or general city election,

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

      5.  Except as otherwise provided in subsection 6, every person or group of persons organized formally or informally , including a business entity, who advocates the passage or defeat of a question or group of questions on the ballot at a special election shall, not later than:

      (a) Seven days before the special election, for the period from the date that the question qualified for the ballot through 12 days before the special election; and

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

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

      6.  Every person or group of persons organized formally or informally , including a business entity, who advocates the passage or defeat of a question or group of questions on the ballot at a special election to determine whether a public officer will be recalled shall report each of the contributions received on the form designed and provided by the Secretary of State pursuant to NRS 294A.373 and signed by the person or a representative of the group or business entity under penalty of perjury, 30 days after:

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

      (b) If the special election is not held because a district court determines that the petition for recall is legally insufficient pursuant to subsection 5 of NRS 306.040, for the period from the filing of the notice of intent to circulate the petition for recall through the date of the district court’s decision.

 


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

ê2007 Statutes of Nevada, Page 973 (Chapter 267, AB 80)ê

 

NRS 306.040, for the period from the filing of the notice of intent to circulate the petition for recall through the date of the district court’s decision.

      7.  The reports required pursuant to this section must be filed with:

      (a) If the question is submitted to the voters of one county, the county clerk of that county;

      (b) If the question is submitted to the voters of one city, the city clerk of that city; or

      (c) If the question is submitted to the voters of more than one county or city, the Secretary of State.

      8.  A person may mail or transmit his report to the appropriate officer by regular mail, certified mail, facsimile machine or electronic means. A report shall be deemed to be filed with the officer:

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

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

      9.  If the person or group of persons , including a business entity, is advocating passage or defeat of a group of questions or is receiving or expending money to support a group of petitions for constitutional amendments, a group of petitions for statewide measures proposed by initiative or referendum or a group of petitions for both constitutional amendments and statewide measures proposed by initiative or referendum, the reports must be itemized by question or petition.

      10.  Each county clerk or city clerk who receives a report pursuant to this section shall file a copy of the report with the Secretary of State within 10 working days after he receives the report.

      Sec. 8.  NRS 294A.210 is hereby amended to read as follows:

      294A.210  1.  Every person who is not under the direction or control of a candidate for an office at a primary election, primary city election, general election or general city election, of a group of such candidates or of any person involved in the campaign of that candidate or group who makes an expenditure on behalf of the candidate or group which is not solicited or approved by the candidate or group, and every committee for political action, political party , [or] committee sponsored by a political party or business entity which makes an expenditure on behalf of such a candidate or group of candidates shall, not later than January 15 of each year that the provisions of this subsection apply to the person, committee , [or] political party [,] or business entity, for the period from January 1 of the previous year through December 31 of the previous year, report each expenditure made during the period on behalf of the candidate, the group of candidates or a candidate in the group of candidates in excess of $100 on the form designed and provided by the Secretary of State pursuant to NRS 294A.373. The form must be signed by the person or a representative of the committee , [or] political party or business entity under penalty of perjury. The provisions of this subsection apply to the person, committee , [or] political party or business entity beginning the year of the general election or general city election for that office through the year immediately preceding the next general election or general city election for that office.

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

 


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

ê2007 Statutes of Nevada, Page 974 (Chapter 267, AB 80)ê

 

election or general city election or a group of such candidates shall, if the general election or general city election for the office for which the candidate or a candidate in the group of candidates seeks election is held on or after January 1 and before the July 1 immediately following that January 1, not later than:

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

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

      (c) July 15 of the year of the general election or general city election for that office, for the period from 11 days before the general election or general city election through the June 30 of that year,

Ê report each expenditure made during the period on behalf of the candidate, the group of candidates or a candidate in the group of candidates in excess of $100 on the form designed and provided by the Secretary of State pursuant to NRS 294A.373. The form must be signed by the person or a representative of the committee , [or] political party or business entity under penalty of perjury.

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

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

      (b) Seven days before the general election or general city election for that office, for the period from 11 days before the primary election or primary city election through 12 days before the general election or general city election,

Ê report each expenditure made during the period on behalf of the candidate, the group of candidates or a candidate in the group of candidates in excess of $100 on the form designed and provided by the Secretary of State pursuant to NRS 294A.373. The form must be signed by the person or a representative of the committee , [or] political party or business entity under penalty of perjury.

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

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

 


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

ê2007 Statutes of Nevada, Page 975 (Chapter 267, AB 80)ê

 

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

Ê report each expenditure made during the period on behalf of the candidate, the group of candidates or a candidate in the group of candidates in excess of $100 on the form designed and provided by the Secretary of State pursuant to NRS 294A.373. The form must be signed by the person or a representative of the committee , [or] political party or business entity under penalty of perjury.

      5.  Every person, committee , [or] political party or business entity described in subsection 1 which makes an expenditure on behalf of a candidate for office at a special election to determine whether a public officer will be recalled or on behalf of a group of such candidates shall list each expenditure made on behalf of the candidate, the group of candidates or a candidate in the group of candidates in excess of $100 on the form designed and provided by the Secretary of State pursuant to NRS 294A.373 and signed by the person or a representative of the committee , [or] political party or business entity under penalty of perjury, 30 days after:

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

      (b) If the special election is not held because a district court determines that the petition for recall is legally insufficient pursuant to subsection 5 of NRS 306.040, for the period from the filing of the notice of intent to circulate the petition for recall through the date of the district court’s decision.

      6.  Expenditures made within the State or made elsewhere but for use within the State, including expenditures made outside the State for printing, television and radio broadcasting or other production of the media, must be included in the report.

      7.  The reports must be filed with:

      (a) If the candidate is elected from one county, the county clerk of that county;

      (b) If the candidate is elected from one city, the city clerk of that city; or

      (c) If the candidate is elected from more than one county or city, the Secretary of State.

      8.  If an expenditure is made on behalf of a group of candidates, the reports must be itemized by the candidate. A person may mail or transmit his report to the appropriate officer by regular mail, certified mail, facsimile machine or electronic means. A report shall be deemed to be filed with the officer:

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

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

      9.  Each county clerk or city clerk who receives a report pursuant to this section shall file a copy of the report with the Secretary of State within 10 working days after he receives the report.

      10.  Every person, committee , [or] political party or business entity described in subsection 1 shall file a report required by this section even if he or it receives no contributions.

      Sec. 9.  NRS 294A.220 is hereby amended to read as follows:

      294A.220  1.  Every person or group of persons organized formally or informally , including a business entity, who advocates the passage or defeat of a question or group of questions on the ballot at a primary election, primary city election, general election or general city election and every person or group of persons , including a business entity, who initiates or circulates a petition for a constitutional amendment or a petition for a statewide measure proposed by an initiative or a referendum and who receives or expends money in an amount in excess of

 


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

ê2007 Statutes of Nevada, Page 976 (Chapter 267, AB 80)ê

 

of a question or group of questions on the ballot at a primary election, primary city election, general election or general city election and every person or group of persons , including a business entity, who initiates or circulates a petition for a constitutional amendment or a petition for a statewide measure proposed by an initiative or a referendum and who receives or expends money in an amount in excess of $10,000 to support such initiation or circulation shall, not later than January 15 of each year that the provisions of this subsection apply to the person or group of persons, for the period from January 1 of the previous year through December 31 of the previous year, report each expenditure made during the period on behalf of or against the question, the group of questions or a question in the group of questions on the ballot in excess of $100 on the form designed and provided by the Secretary of State pursuant to NRS 294A.373. The form must be signed by the person or a representative of the group or business entity under penalty of perjury. The provisions of this subsection apply to the person or group of persons [:] or business entity:

      (a) Each year in which an election or city election is held for a question for which the person , [or] group or business entity advocates passage or defeat or each year in which a person , [or] group of persons or business entity receives or expends money in excess of $10,000 to support the initiation or circulation of a petition for a constitutional amendment or a petition for a statewide measure proposed by an initiative or a referendum; and

      (b) The year after each year described in paragraph (a).

      2.  If a question is on the ballot at a primary election or primary city election and the general election or general city election immediately following that primary election or primary city election is held on or after January 1 and before the July 1 immediately following that January 1, every person or group of persons organized formally or informally , including a business entity, who advocates the passage or defeat of the question or a group of questions that includes the question shall comply with the requirements of this subsection. If a question is on the ballot at a general election or general city election held on or after January 1 and before the July 1 immediately following that January 1, every person or group of persons organized formally or informally , including a business entity, who advocates the passage or defeat of the question or a group of questions that includes the question shall comply with the requirements of this subsection. A person , [or] group of persons or business entity described in this subsection shall, not later than:

      (a) Seven days before the primary election or primary city election, for the period from the January 1 immediately preceding the primary election or primary city election through 12 days before the primary election or primary city election;

      (b) Seven days before the general election or general city election, for the period from 11 days before the primary election or primary city election through 12 days before the general election or general city election; and

      (c) July 15 of the year of the general election or general city election, for the period from 11 days before the general election or general city election through the June 30 immediately preceding that July 15,

Ê report each expenditure made during the period on behalf of or against the question, the group of questions or a question in the group of questions on the ballot in excess of $100 on the form designed and provided by the Secretary of State pursuant to NRS 294A.373 and signed by the person or a representative of the group or business entity under penalty of perjury.

 


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

ê2007 Statutes of Nevada, Page 977 (Chapter 267, AB 80)ê

 

Secretary of State pursuant to NRS 294A.373 and signed by the person or a representative of the group or business entity under penalty of perjury.

      3.  If a question is on the ballot at a primary election or primary city election and the general election or general city election immediately following that primary election or primary city election is held on or after July 1 and before the January 1 immediately following that July 1, every person or group of persons organized formally or informally , including a business entity, who advocates the passage or defeat of the question or a group of questions that includes the question shall comply with the requirements of this subsection. If a question is on the ballot at a general election or general city election held on or after July 1 and before the January 1 immediately following that July 1, every person or group of persons organized formally or informally , including a business entity, who advocates the passage or defeat of the question or a group of questions that includes the question shall comply with the requirements of this subsection. Every person , [or] group of persons or business entity who initiates or circulates a petition for a constitutional amendment or a petition for a statewide measure proposed by an initiative or a referendum and who receives or expends money in an amount in excess of $10,000 to support such initiation or circulation shall comply with the requirements of this subsection. A person , [or] group of persons or business entity described in this subsection shall, not later than:

      (a) Seven days before the primary election or primary city election, for the period from the January 1 immediately preceding the primary election or primary city election through 12 days before the primary election or primary city election; and

      (b) Seven days before the general election or general city election, for the period from 11 days before the primary election or primary city election through 12 days before the general election or general city election,

Ê report each expenditure made during the period on behalf of or against the question, the group of questions or a question in the group of questions on the ballot in excess of $100 on the form designed and provided by the Secretary of State pursuant to NRS 294A.373. The form must be signed by the person or a representative of the group or business entity under penalty of perjury.

      4.  Except as otherwise provided in subsection 5, every person or group of persons organized formally or informally , including a business entity, who advocates the passage or defeat of a question or group of questions on the ballot at a special election shall, not later than:

      (a) Seven days before the special election, for the period from the date the question qualified for the ballot through 12 days before the special election; and

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

Ê report each expenditure made during the period on behalf of or against the question, the group of questions or a question in the group of questions on the ballot in excess of $100 on the form designed and provided by the Secretary of State pursuant to NRS 294A.373. The form must be signed by the person or a representative of the group or business entity under penalty of perjury.

      5.  Every person or group of persons organized formally or informally , including a business entity, who advocates the passage or defeat of a question or group of questions on the ballot at a special election to determine whether a public officer will be recalled shall list each expenditure made during the period on behalf of or against the question, the group of questions or a question in the group of questions on the ballot in excess of $100 on the form designed and provided by the Secretary of State pursuant to NRS 294A.373 and signed by the person or a representative of the group or business entity under penalty of perjury, 30 days after:

 


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

ê2007 Statutes of Nevada, Page 978 (Chapter 267, AB 80)ê

 

question or group of questions on the ballot at a special election to determine whether a public officer will be recalled shall list each expenditure made during the period on behalf of or against the question, the group of questions or a question in the group of questions on the ballot in excess of $100 on the form designed and provided by the Secretary of State pursuant to NRS 294A.373 and signed by the person or a representative of the group or business entity under penalty of perjury, 30 days after:

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

      (b) If the special election is not held because a district court determines that the petition for recall is legally insufficient pursuant to subsection 5 of NRS 306.040, for the period from the filing of the notice of intent to circulate the petition for recall through the date of the district court’s decision.

      6.  Expenditures made within the State or made elsewhere but for use within the State, including expenditures made outside the State for printing, television and radio broadcasting or other production of the media, must be included in the report.

      7.  The reports required pursuant to this section must be filed with:

      (a) If the question is submitted to the voters of one county, the county clerk of that county;

      (b) If the question is submitted to the voters of one city, the city clerk of that city; or

      (c) If the question is submitted to the voters of more than one county or city, the Secretary of State.

      8.  If an expenditure is made on behalf of a group of questions or a group of petitions for constitutional amendments, a group of petitions for statewide measures proposed by initiative or referendum or a group of petitions for both constitutional amendments and statewide measures proposed by initiative or referendum, the reports must be itemized by question or petition. A person may mail or transmit his report to the appropriate filing officer by regular mail, certified mail, facsimile machine or electronic means. A report shall be deemed to be filed with the filing officer:

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

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

      9.  Each county clerk or city clerk who receives a report pursuant to this section shall file a copy of the report with the Secretary of State within 10 working days after he receives the report.

      Sec. 10.  NRS 294A.373 is hereby amended to read as follows:

      294A.373  1.  The Secretary of State shall design a single form to be used for all reports of campaign contributions and expenses or expenditures that are required to be filed pursuant to NRS 294A.120, 294A.125, 294A.128, 294A.140, 294A.150, 294A.200, 294A.210, 294A.220, 294A.270, 294A.280, 294A.360 and 294A.362.

      2.  The form designed by the Secretary of State pursuant to this section must only request information specifically required by statute.

      3.  Upon request, the Secretary of State shall provide a copy of the form designed pursuant to this section to each person, committee, political party , [and] group and business entity that is required to file a report described in subsection 1.

 


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

ê2007 Statutes of Nevada, Page 979 (Chapter 267, AB 80)ê

 

      4.  The Secretary of State must obtain the advice and consent of the Legislative Commission before providing a copy of a form designed or revised by the Secretary of State pursuant to this section to a person, committee, political party , [or] group or business entity that is required to use the form.

      Sec. 11.  NRS 294A.382 is hereby amended to read as follows:

      294A.382  The Secretary of State shall not request or require a candidate, person, group of persons, committee , [or] political party or business entity to list each of the expenditures or campaign expenses of $100 or less on a form designed and provided pursuant to NRS 294A.373.

      Sec. 12.  NRS 294A.390 is hereby amended to read as follows:

      294A.390  The officer from whom a candidate or entity requests a form for:

      1.  A declaration of candidacy;

      2.  An acceptance of candidacy;

      3.  The registration of a committee for political action pursuant to NRS 294A.230 , [or] a committee for the recall of a public officer pursuant to NRS 294A.250 [;] or a business entity that wishes to engage in certain political activity pursuant to section 3 of this act; or

      4.  The reporting of campaign contributions, expenses or expenditures pursuant to NRS 294A.120, 294A.128, 294A.140, 294A.150, 294A.200, 294A.210, 294A.220, 294A.270, 294A.280 or 294A.360,

Ê shall furnish the candidate with the necessary forms for reporting and copies of the regulations adopted by the Secretary of State pursuant to this chapter. An explanation of the applicable provisions of NRS 294A.100, 294A.120, 294A.128, 294A.140, 294A.150, 294A.200, 294A.210, 294A.220, 294A.270, 294A.280 or 294A.360 relating to the making, accepting or reporting of campaign contributions, expenses or expenditures and the penalties for a violation of those provisions as set forth in NRS 294A.100 or 294A.420 must be developed by the Secretary of State and provided upon request. The candidate or entity shall acknowledge receipt of the material.

      Sec. 13.  NRS 294A.400 is hereby amended to read as follows:

      294A.400  The Secretary of State shall, within 30 days after receipt of the reports required by NRS 294A.120, 294A.125, 294A.128, 294A.140, 294A.150, 294A.200, 294A.210, 294A.220, 294A.270 and 294A.280, prepare and make available for public inspection a compilation of:

      1.  The total campaign contributions, the contributions which are in excess of $100 and the total campaign expenses of each of the candidates from whom reports of those contributions and expenses are required.

      2.  The total amount of loans to a candidate guaranteed by a third party, the total amount of loans made to a candidate that have been forgiven and the total amount of written commitments for contributions received by a candidate.

      3.  The contributions made to a committee for the recall of a public officer in excess of $100.

      4.  The expenditures exceeding $100 made by a:

      (a) Person on behalf of a candidate other than himself.

      (b) Person , [or] group of persons or business entity on behalf of or against a question or group of questions on the ballot.

      (c) Group of persons or business entity advocating the election or defeat of a candidate.

 


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ê2007 Statutes of Nevada, Page 980 (Chapter 267, AB 80)ê

 

      (d) Committee for the recall of a public officer.

      5.  The contributions in excess of $100 made to:

      (a) A person who is not under the direction or control of a candidate or group of candidates or of any person involved in the campaign of the candidate or group who makes an expenditure on behalf of the candidate or group which is not solicited or approved by the candidate or group.

      (b) A person or group of persons organized formally or informally , including a business entity, who advocates the passage or defeat of a question or group of questions on the ballot.

      (c) A committee for political action, political party , [or] committee sponsored by a political party or business entity which makes an expenditure on behalf of a candidate or group of candidates.

      Sec. 14.  NRS 294A.420 is hereby amended to read as follows:

      294A.420  1.  If the Secretary of State receives information that a person or entity that is subject to the provisions of NRS 294A.120, 294A.128, 294A.140, 294A.150, 294A.200, 294A.210, 294A.220, 294A.230, 294A.270, 294A.280 or 294A.360 or section 3 of this act has not filed a report or form for registration pursuant to the applicable provisions of those sections, the Secretary of State may, after giving notice to that person or entity, cause the appropriate proceedings to be instituted in the First Judicial District Court.

      2.  Except as otherwise provided in this section, a person or entity that violates an applicable provision of NRS 294A.112, 294A.120, 294A.128, 294A.130, 294A.140, 294A.150, 294A.160, 294A.200, 294A.210, 294A.220, 294A.230, 294A.270, 294A.280, 294A.300, 294A.310, 294A.320 or 294A.360 or section 3 of this act is subject to a civil penalty of not more than $5,000 for each violation and payment of court costs and attorney’s fees. The civil penalty must be recovered in a civil action brought in the name of the State of Nevada by the Secretary of State in the First Judicial District Court and deposited by the Secretary of State for credit to the State General Fund in the bank designated by the State Treasurer.

      3.  If a civil penalty is imposed because a person or entity has reported its contributions, expenses or expenditures after the date the report is due, except as otherwise provided in this subsection, the amount of the civil penalty is:

      (a) If the report is not more than 7 days late, $25 for each day the report is late.

      (b) If the report is more than 7 days late but not more than 15 days late, $50 for each day the report is late.

      (c) If the report is more than 15 days late, $100 for each day the report is late.

Ê A civil penalty imposed pursuant to this subsection against a public officer who by law is not entitled to receive compensation for his office or a candidate for such an office must not exceed a total of $100 if the public officer or candidate received no contributions and made no expenditures during the relevant reporting periods.

      4.  For good cause shown, the Secretary of State may waive a civil penalty that would otherwise be imposed pursuant to this section. If the Secretary of State waives a civil penalty pursuant to this subsection, the Secretary of State shall:

 

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