Link to Page 1118

 

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ê2009 Statutes of Nevada, Page 1119ê

 

CHAPTER 267, SB 278

Senate Bill No. 278–Senator McGinness

 

CHAPTER 267

 

AN ACT relating to health care; requiring the Legislative Committee on Health Care to study the establishment of a health district in a county whose population is less than 100,000; requiring the Committee to study issues concerning the consolidation and integration of health and social services in certain larger counties; requiring the Committee to study the establishment of regional centers for certain substance abuse treatment; and providing other matters properly relating thereto.

 

[Approved: May 28, 2009]

 

Legislative Counsel’s Digest:

      This bill requires the Legislative Committee on Health Care to study: (1) the feasibility of establishing a health district in a county whose population is less than 100,000 (currently counties other than Clark and Washoe Counties); (2) the feasibility of consolidating or integrating certain health and social services provided in a county whose population is 400,000 or more (currently Clark County); and (3) the feasibility of establishing regional centers for the provision of services for the prevention and treatment of alcohol and substance abuse.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Sections 1-30.  (Deleted by amendment.)

      Sec. 31.  1.  The Legislative Committee on Health Care shall, during the 2009-2011 interim, study:

      (a) The feasibility of establishing a health district in counties whose populations are less than 100,000, including, without limitation:

            (1) The establishment of a health district by a single county or by two or more adjacent counties;

            (2) The impact on each county whose county board of health is abolished upon establishing such a health district;

            (3) The composition and authority of such a health district; and

            (4) The manner in which such a health district may be financed;

      (b) The feasibility of consolidating or integrating certain health and social services in counties whose populations are 400,000 or more, including, without limitation, the consolidation or integration of:

            (1) Adoption services;

            (2) Child abuse prevention services;

            (3) Child welfare services;

            (4) Delinquency prevention services;

            (5) Determination of eligibility for public assistance;

            (6) Employment and training services;

            (7) Foster care services;

            (8) Health services;

            (9) Services and programs for medically indigent persons;

            (10) Mental health services;

            (11) Services provided to senior citizens; and

            (12) Services provided to veterans; and

 


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ê2009 Statutes of Nevada, Page 1120 (Chapter 267, SB 278)ê

 

      (c) The feasibility of establishing regional centers for the provision of services for the prevention and treatment of alcohol and substance abuse.

      2.  The Legislative Committee on Health Care shall submit a report of the results of the study conducted pursuant to subsection 1 and any recommendations for legislation to the Director of the Legislative Counsel Bureau for transmission to the 76th Session of the Nevada Legislature.

      Sec. 32.  This act becomes effective on July 1, 2009.

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CHAPTER 268, SB 317

Senate Bill No. 317–Senators Copening, Parks, Woodhouse, Wiener; and Carlton

 

Joint Sponsor: Assemblyman Segerblom

 

CHAPTER 268

 

AN ACT relating to education; requiring instruction on financial literacy for pupils enrolled in public high schools and certain charter schools; and providing other matters properly relating thereto.

 

[Approved: May 28, 2009]

 

Legislative Counsel’s Digest:

      Existing law establishes the academic subjects, standards and courses of study for the public schools in this State. (Chapter 389 of NRS) This bill requires instruction on financial literacy for pupils enrolled in the public high schools in each school district and in each charter school that operates as a high school.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 389 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The board of trustees of each school district and the governing body of each charter school that operates as a high school shall ensure that instruction on financial literacy is provided to pupils enrolled in each public high school within the school district or in the charter school, as applicable. The instruction must include, without limitation:

      (a) The skills necessary to develop financial responsibility, including, without limitation:

            (1) Making reasonable financial decisions by analyzing the alternatives and consequences of those financial decisions;

            (2) Locating and evaluating financial information from various sources;

            (3) Developing communication strategies to discuss financial issues;

            (4) Controlling personal information; and

            (5) Reviewing and summarizing federal and state consumer protection laws.

 


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ê2009 Statutes of Nevada, Page 1121 (Chapter 268, SB 317)ê

 

      (b) The skills necessary to manage finances, including, without limitation:

            (1) Developing a plan for spending and saving;

            (2) Developing a system for keeping and using financial records; and

            (3) Developing a personal financial plan.

      (c) The skills necessary to understand the use of credit and the incurrence of debt, including, without limitation:

            (1) Identifying the costs and benefits of various types of credit;

            (2) Explaining the purpose of a credit report, including, without limitation, the manner in which a credit report is used by lenders;

            (3) Describing the rights of a borrower regarding his credit report;

            (4) Identifying methods to avoid and resolve debt problems; and

            (5) Reviewing and summarizing federal and state consumer credit protection laws.

      (d) The skills necessary to understand the basic principles of saving and investing, including, without limitation:

            (1) Understanding how saving and investing contribute to financial well-being;

            (2) Understanding the methods of investing and alternatives to investing;

            (3) Understanding how to buy and sell investments; and

            (4) Understanding how the regulation of financial institutions protects investors.

      2.  The instruction required by subsection 1 may be included within a course or program of instruction that pupils enrolled in high school are otherwise required to complete for graduation.

      Sec. 2.  This act becomes effective on July 1, 2009.

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ê2009 Statutes of Nevada, Page 1122ê

 

CHAPTER 269, SB 361

Senate Bill No. 361–Committee on Commerce and Labor

 

CHAPTER 269

 

AN ACT relating to employee leasing companies; authorizing the Administrator of the Division of Industrial Relations of the Department of Business and Industry to adopt regulations relating to a third party that may act on behalf of an employee leasing company; providing various means for an employee leasing company and its clients to provide workers’ compensation coverage; requiring employee leasing companies to pay an annual registration fee; requiring employee leasing companies to submit certain audited financial statements; providing the means by which an employee of an employee leasing company may notify a supervisor of an injury for the purposes of industrial insurance; and providing other matters properly relating thereto.

 

[Approved: May 28, 2009]

 

Legislative Counsel’s Digest:

      Section 3 of this bill authorizes the Administrator of the Division of Industrial Relations of the Department of Business and Industry to adopt regulations to allow an employee leasing company to enter into an agreement with an assurance organization to act on its behalf with regard to certain regulatory provisions.

      Section 4 of this bill provides for the ways that an employee leasing company and its clients may satisfy the requirement to obtain workers’ compensation coverage for their employees. Sections 9 and 10 of this bill make changes consistent with the provisions of section 4.

      Section 7 of this bill requires an employee leasing company to pay a fee for the issuance or renewal of its certificate of registration.

      Section 8 of this bill requires an employee leasing company to provide certain financial statements along with its application for the issuance or renewal of a certificate of registration.

      Sections 13.2-13.8 of this bill provide for the ways that an employee of an employee leasing company may notify a supervisor of an injury for industrial insurance purposes.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 616A.465 is hereby amended to read as follows:

      616A.465  1.  Except as otherwise provided in this section, the Division shall:

      (a) Regulate insurers pursuant to chapters 616A to 617, inclusive, of NRS;

      (b) Investigate insurers regarding compliance with statutes and the Division’s regulations;

      (c) Determine whether an employee leasing company is entitled to a certificate of registration pursuant to NRS 616B.673; and

      (d) Regulate employee leasing companies pursuant to the provisions of NRS 616B.670 to 616B.697, inclusive [.] , and sections 3 and 4 of this act.

      2.  The Commissioner is responsible for reviewing rates, investigating the solvency of insurers, authorizing private carriers pursuant to chapter 680A of NRS and certifying:

 


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ê2009 Statutes of Nevada, Page 1123 (Chapter 269, SB 361)ê

 

      (a) Self-insured employers pursuant to NRS 616B.300 to 616B.330, inclusive, and 616B.336;

      (b) Associations of self-insured public or private employers pursuant to NRS 616B.350 to 616B.446, inclusive; and

      (c) Third-party administrators pursuant to chapter 683A of NRS.

      3.  The Department of Administration is responsible for contested claims relating to industrial insurance pursuant to NRS 616C.310 to 616C.385, inclusive. The Administrator is responsible for administrative appeals pursuant to NRS 616B.215.

      4.  The Nevada Attorney for Injured Workers is responsible for legal representation of claimants pursuant to NRS 616A.435 to 616A.460, inclusive, and 616D.120.

      5.  The Division is responsible for the investigation of complaints. If a complaint is filed with the Division, the Administrator shall cause to be conducted an investigation which includes a review of relevant records and interviews of affected persons. If the Administrator determines that a violation may have occurred, the Administrator shall proceed in accordance with the provisions of NRS 616D.120 and 616D.130.

      6.  As used in this section, “employee leasing company” has the meaning ascribed to it in NRS 616B.670.

      Sec. 2.  Chapter 616B of NRS is hereby amended by adding thereto the provisions set forth as sections 3 and 4 of this act.

      Sec. 3.  1.  The Administrator may adopt regulations authorizing and setting forth qualifications for an assurance organization selected by an employee leasing company to act on behalf of the employee leasing company in complying with the requirements of NRS 616B.670 to 616B.697, inclusive, and sections 3 and 4 of this act and any regulations adopted pursuant thereto, including, without limitation, any requirements regarding obtaining or renewing a certificate of registration. Such an assurance organization must be independent of the employee leasing company and approved by the Administrator.

      2.  Nothing in this section or any regulations adopted pursuant thereto:

      (a) Limits or otherwise affects the authority of the Administrator to issue or revoke a certificate of registration of an employee leasing company subject to the appeals process;

      (b) Limits or otherwise affects the authority of the Administrator to investigate compliance with or enforce any provision of NRS 616B.670 to 616B.697, inclusive, and sections 3 and 4 of this act and any regulations adopted pursuant thereto; or

      (c) Requires an employee leasing company to authorize an assurance organization to act on its behalf.

      3.  As used in this section, “assurance organization” means a person who meets the qualifications set forth by the Administrator pursuant to regulations adopted pursuant to subsection 1.

      Sec. 4.  1.  An employee leasing company may satisfy its obligation to provide coverage for workers’ compensation for the employees that the employee leasing company leases to each client company by:

      (a) Confirming that the client company has obtained a policy of workers’ compensation insurance directly from an insurer, and maintains that policy, which covers all of the employees of the client company, including, without limitation, the employees leased from the employee leasing company, subject to the same requirements and conditions as if the client company were the sole employer of the leased employees for the purpose of providing coverage for workers’ compensation;

 


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ê2009 Statutes of Nevada, Page 1124 (Chapter 269, SB 361)ê

 

leasing company, subject to the same requirements and conditions as if the client company were the sole employer of the leased employees for the purpose of providing coverage for workers’ compensation;

      (b) Confirming that the client company is a member of an association of self-insured employers which is certified by the Commissioner and which has assumed responsibility, and maintains responsibility, for covering all of the employees of the client company, including, without limitation, the employees leased from the employee leasing company, subject to the same requirements and conditions as if the client company were the sole employer of the leased employees for the purpose of providing coverage for workers’ compensation;

      (c) Confirming that the client company is certified by the Commissioner as a self-insured employer which self-insures all of the employees of the client company, including, without limitation, the employees leased from the employee leasing company, subject to the same requirements and conditions as if the client company were the sole employer of the leased employees for the purpose of providing coverage for workers’ compensation;

      (d) Obtaining a policy of workers’ compensation insurance directly from an insurer on a multiple coordinated policy basis, and maintaining that policy, which covers all of the employees leased to the client company or all of the employees leased to the client company and other client companies affiliated with the client company such that:

            (1) The policy covers the liability of both the employee leasing company and the client company or companies for payments required by chapters 616A to 616D, inclusive, or chapter 617 of NRS;

            (2) A separate policy is issued to or on behalf of each client company or group of affiliated client companies under the multiple coordinated policy; and

            (3) The employee leasing company controls payments and communications related to the policy; or

      (e) Obtaining a policy of workers’ compensation insurance on a master policy basis directly from an insurer, and maintaining that policy, which:

            (1) Covers some or all of the employees of the employee leasing company who are leased to one or more client companies; and

            (2) May cover all of the employees of the employee leasing company who work directly for the employee leasing company and are not leased to any client company.

      2.  With respect to a policy of workers’ compensation insurance described in paragraph (a) of subsection 1:

      (a) The policy may name the employee leasing company as an additional insured; and

      (b) If the employee leasing company is licensed as a producer of insurance pursuant to NRS 683A.261 and is authorized by the insurer, the employee leasing company may negotiate coverage, collect premiums on behalf of the insurer and otherwise act as an intermediary with respect to the policy.

      3.  If an employee leasing company or a client company maintains a policy of workers’ compensation insurance which provides coverage for leased employees, each insurer insuring leased employees shall report to the Advisory Organization, as defined in NRS 686B.1752:

 


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ê2009 Statutes of Nevada, Page 1125 (Chapter 269, SB 361)ê

 

      (a) Payroll and claims data for each client company in a manner that identifies both the client company and the employee leasing company; and

      (b) The status of coverage with respect to each client company in accordance with any applicable requirements regarding proof of coverage.

      4.  If the services that an employee leasing company offers to a client company do not include obtaining and maintaining a policy of workers’ compensation insurance for the employees which the employee leasing company will lease to the client company, the employee leasing company shall:

      (a) Before entering into an agreement with the client company to provide services as an employee leasing company, provide written notice to the client company that the client company will remain responsible for providing coverage for workers’ compensation for all of the employees of the client company, including, without limitation, the employees leased from the employee leasing company; and

      (b) In the written agreement with the client company to provide services as an employee leasing company, clearly set forth the responsibility of the client company to provide coverage for workers’ compensation for all of the employees of the client company, including, without limitation, the employees leased from the employee leasing company.

      5.  If an employee leasing company offers to provide coverage for workers’ compensation for the employees that the employee leasing company leases to a client company in accordance with paragraph (d) or (e) of subsection 1:

      (a) The coverage for workers’ compensation must not take effect until the client company executes the written agreement required by NRS 616B.688 between the employee leasing company and the client company; and

      (b) The written agreement required by NRS 616B.688 between the employee leasing company and the client company must:

            (1) Explain that coverage for workers’ compensation does not take effect until the effective date designated by the insurer in the policy of workers’ compensation insurance;

            (2) Provide that, while the policy of workers’ compensation insurance is in force, the employee leasing company will pay all premiums required by the policy, including, without limitation, any adjustments or assessments, and will be entitled to any refunds of premiums;

            (3) Set forth the procedures by which the client company or the employee leasing company may terminate the agreement and any fees or costs payable upon termination;

            (4) Provide that, except as otherwise provided by law, all services provided by the employee leasing company to the client company will cease immediately on the effective date of any termination of the agreement;

            (5) Provide that the insurer from whom the policy of workers’ compensation insurance is obtained by the employee leasing company has the right to inspect the premises and records of the client company;

            (6) Provide that the loss experience of the client company will continue to be reported in the name of the client company to the Commissioner and will be available to subsequent insurers upon request;

            (7) Provide that the policy of workers’ compensation insurance covers only those employees acknowledged in writing by the employee leasing company to be employees of the employee leasing company who are being leased to the client company;

 


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ê2009 Statutes of Nevada, Page 1126 (Chapter 269, SB 361)ê

 

leasing company to be employees of the employee leasing company who are being leased to the client company;

            (8) Explain that the client company is responsible at all times for providing coverage for workers’ compensation for any employees of the client company who are not leased from the employee leasing company; and

            (9) Provide that the client company must provide satisfactory evidence of the coverage required by subparagraph (8) to the insurer from whom the policy of workers’ compensation insurance is obtained by the employee leasing company.

      6.  Nothing in this section prohibits the employees of an employee leasing company who are leased to one or more client companies from being considered as a group for the purposes of any eligibility for dividends, discounts on premiums, rating arrangements or options or obtaining policies with large deductibles.

      7.  The exclusive remedy provided by NRS 616A.020 applies to the employee leasing company, the client company and to all employees of the client company, including, without limitation, the employees leased from the employee leasing company, whether the employee leasing company or the client company provides the coverage for workers’ compensation.

      8.  The Administrator and the Commissioner may adopt regulations to carry out the provisions of this section.

      Sec. 5.  NRS 616B.670 is hereby amended to read as follows:

      616B.670  As used in NRS 616B.670 to 616B.697, inclusive, and sections 3 and 4 of this act, unless the context otherwise requires:

      1.  “Applicant” means a person seeking a certificate of registration pursuant to NRS 616B.670 to 616B.697, inclusive, and sections 3 and 4 of this act to operate an employee leasing company.

      2.  “Client company” means a company which leases employees, for a fee, from an employee leasing company pursuant to a written or oral agreement.

      3.  “Employee leasing company” means a company which, pursuant to a written or oral agreement:

      (a) Places any of the regular, full-time employees of a client company on its payroll and, for a fee, leases them to the client company on a regular basis without any limitation on the duration of their employment; or

      (b) Leases to a client company:

            (1) Five or more part-time or full-time employees; or

            (2) Ten percent or more of the total number of employees within a classification of risk established by the Commissioner.

      Sec. 6.  NRS 616B.673 is hereby amended to read as follows:

      616B.673  1.  A person shall not operate an employee leasing company in this State unless he has complied with the provisions of NRS 616B.670 to 616B.697, inclusive [.] , and sections 3 and 4 of this act. The Administrator shall issue a certificate of registration to each applicant who complies with the provisions of NRS 616B.670 to 616B.697, inclusive [.] , and sections 3 and 4 of this act.

      2.  Any person who violates the provisions of subsection 1 is guilty of a misdemeanor.

      3.  Each certificate of registration issued by the Administrator pursuant to NRS 616B.670 to 616B.697, inclusive, and sections 3 and 4 of this act expires 1 year after it is issued unless renewed before that date.

 


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ê2009 Statutes of Nevada, Page 1127 (Chapter 269, SB 361)ê

 

      Sec. 7.  NRS 616B.679 is hereby amended to read as follows:

      616B.679  1.  Each application must include:

      (a) The applicant’s name and title of his position with the employee leasing company.

      (b) The applicant’s age, place of birth and social security number.

      (c) The applicant’s address.

      (d) The business address of the employee leasing company.

      (e) The business address of the registered agent of the employee leasing company, if the applicant is not the registered agent.

      (f) If the applicant is a:

            (1) Partnership, the name of the partnership and the name, address, age, social security number and title of each partner.

            (2) Corporation, the name of the corporation and the name, address, age, social security number and title of each officer of the corporation.

      (g) Proof of:

            (1) Compliance with the provisions of NRS 360.780.

            (2) The payment of any premiums for industrial insurance required by chapters 616A to 617, inclusive, of NRS.

            (3) The payment of contributions or payments in lieu of contributions required by chapter 612 of NRS.

            (4) Insurance coverage for any benefit plan from an insurer authorized pursuant to title 57 of NRS that is offered by the employee leasing company to its employees.

      (h) A registration or renewal fee of $500.

      (i) Any other information the Administrator requires.

      2.  Each application must be notarized and signed under penalty of perjury:

      (a) If the applicant is a sole proprietorship, by the sole proprietor.

      (b) If the applicant is a partnership, by each partner.

      (c) If the applicant is a corporation, by each officer of the corporation.

      3.  An applicant shall submit to the Administrator any change in the information required by this section within 30 days after the change occurs. The Administrator may revoke the certificate of registration of an employee leasing company which fails to comply with the provisions of NRS 616B.670 to 616B.697, inclusive [.] , and sections 3 and 4 of this act.

      4.  If an insurer cancels an employee leasing company’s policy, the insurer shall immediately notify the Administrator in writing. The notice must comply with the provisions of NRS 687B.310 to 687B.355, inclusive, and must be served personally on or sent by first-class mail or electronic transmission to the Administrator.

      Sec. 8.  NRS 616B.679 is hereby amended to read as follows:

      616B.679  1.  Each application must include:

      (a) The applicant’s name and title of his position with the employee leasing company.

      (b) The applicant’s age, place of birth and social security number.

      (c) The applicant’s address.

      (d) The business address of the employee leasing company.

      (e) The business address of the registered agent of the employee leasing company, if the applicant is not the registered agent.

      (f) If the applicant is a:

            (1) Partnership, the name of the partnership and the name, address, age, social security number and title of each partner.

 


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ê2009 Statutes of Nevada, Page 1128 (Chapter 269, SB 361)ê

 

            (2) Corporation, the name of the corporation and the name, address, age, social security number and title of each officer of the corporation.

      (g) Proof of:

            (1) Compliance with the provisions of NRS 360.780.

            (2) The payment of any premiums for industrial insurance required by chapters 616A to 617, inclusive, of NRS.

            (3) The payment of contributions or payments in lieu of contributions required by chapter 612 of NRS.

            (4) Insurance coverage for any benefit plan from an insurer authorized pursuant to title 57 of NRS that is offered by the employee leasing company to its employees.

      (h) A financial statement of the applicant setting forth the financial condition of the employee leasing company. Except as otherwise provided in subsection 5, the financial statement must include, without limitation:

            (1) For an application for issuance of a certificate of registration, the most recent audited financial statement of the applicant, which must have been completed not more than 13 months before the date of application; or

            (2) For an application for renewal of a certificate of registration, an audited financial statement which must have been completed not more than 180 days after the end of the applicant’s fiscal year.

      (i) A registration or renewal fee of $500.

      [(i)] (j) Any other information the Administrator requires.

      2.  Each application must be notarized and signed under penalty of perjury:

      (a) If the applicant is a sole proprietorship, by the sole proprietor.

      (b) If the applicant is a partnership, by each partner.

      (c) If the applicant is a corporation, by each officer of the corporation.

      3.  An applicant shall submit to the Administrator any change in the information required by this section within 30 days after the change occurs. The Administrator may revoke the certificate of registration of an employee leasing company which fails to comply with the provisions of NRS 616B.670 to 616B.697, inclusive, and sections 3 and 4 of this act.

      4.  If an insurer cancels an employee leasing company’s policy, the insurer shall immediately notify the Administrator in writing. The notice must comply with the provisions of NRS 687B.310 to 687B.355, inclusive, and must be served personally on or sent by first-class mail or electronic transmission to the Administrator.

      5.  A financial statement submitted with an application pursuant to this section must be prepared in accordance with generally accepted accounting principles, must be audited by an independent certified public accountant licensed to practice in the jurisdiction in which the accountant is located and must be without qualification as to the status of the employee leasing company as a going concern. An employee leasing company that has not had sufficient operating history to have an audited financial statement based upon at least 12 months of operating history must present financial statements reviewed by a certified public accountant covering its entire operating history. Each financial statement must:

      (a) Indicate that the applicant has maintained positive working capital, as defined by generally accepted accounting principles, throughout the period covered by the financial statement; or

 


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ê2009 Statutes of Nevada, Page 1129 (Chapter 269, SB 361)ê

 

      (b) Be accompanied by a bond, irrevocable letter of credit or securities with a minimum market value equaling the maximum deficiency in working capital plus $100,000. The bond, irrevocable letter of credit or securities must be held by a depository institution designated by the Administrator to secure payment by the applicant of all taxes, wages, benefits or other entitlements payable by the applicant.

      Sec. 9.  NRS 616B.682 is hereby amended to read as follows:

      616B.682  Each employee leasing company operating in this State shall:

      1.  Maintain an office or similar site in this State for retaining, reviewing and auditing its payroll records and written agreements with client companies.

      2.  Maintain at that office or similar site in this State records establishing that the employee leasing company [maintains] :

      (a) Maintains current policies of workers’ compensation insurance providing coverage for each employee it leases to each client company [.] ; or

      (b) Pursuant to section 4 of this act, otherwise satisfies its obligation to provide coverage for workers’ compensation for the employees that the employee leasing company leases to each client company.

      3.  Keep the records described in subsection 2 open for inspection and copying, during its regular business hours, by:

      (a) Each employee it leases to each client company and any representative of each such employee; and

      (b) The public.

      Sec. 10.  NRS 616B.685 is hereby amended to read as follows:

      616B.685  If a person operates an employee leasing company and a temporary employment service in this State, the person [shall maintain] :

      1.  Shall maintain separate payroll records for the company and the service. The records must be maintained in this State. [A separate]

      2.  Shall not maintain a policy of workers’ compensation insurance [must be maintained for] which covers both employees of the employee leasing company [.] and employees of the temporary employment service.

      Sec. 11.  NRS 616B.691 is hereby amended to read as follows:

      616B.691  1.  For the purposes of chapters 612 and 616A to 617, inclusive, of NRS, an employee leasing company which complies with the provisions of NRS 616B.670 to 616B.697, inclusive, and sections 3 and 4 of this act shall be deemed to be the employer of the employees it leases to a client company.

      2.  If an employee leasing company complies with the provisions of subsection 3, the employee leasing company shall be deemed to be the employer of its leased employees for the purposes of sponsoring and maintaining any benefit plans, including, without limitation, for the purposes of the Employee Retirement Income Security Act of 1974, 29 U.S.C. §§ 1001 et seq.

      3.  An employee leasing company shall not offer its employees any self-funded industrial insurance program. An employee leasing company shall not act as a self-insured employer or be a member of an association of self-insured public or private employers pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS.

      4.  If an employee leasing company fails to:

      (a) Pay any contributions, premiums, forfeits or interest due; or

      (b) Submit any reports or other information required,

 


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Ê pursuant to this chapter or chapter 612, 616A, 616C, 616D or 617 of NRS, the client company is jointly and severally liable for the contributions, premiums, forfeits or interest attributable to the wages of the employees leased to it by the employee leasing company.

      Sec. 12.  NRS 616B.694 is hereby amended to read as follows:

      616B.694  The Administrator may adopt regulations to carry out the provisions of NRS 616B.670 to 616B.697, inclusive [.] , and sections 3 and 4 of this act.

      Sec. 13.  NRS 616B.697 is hereby amended to read as follows:

      616B.697  An action for damages caused by the failure of an employee leasing company to comply with the provisions of NRS 616B.670 to 616B.697, inclusive, and sections 3 and 4 of this act may be brought against any person who is required to sign the application for a certificate of registration for the employee leasing company.

      Sec. 13.2.  NRS 616C.010 is hereby amended to read as follows:

      616C.010  1.  Whenever any accident occurs to any employee, he shall forthwith report the accident and the injury resulting therefrom to his employer.

      2.  When an employer learns of an accident, whether or not it is reported, the employer may direct the employee to submit to, or the employee may request, an examination by a physician or chiropractor, in order to ascertain the character and extent of the injury and render medical attention which is required immediately. The employer shall:

      (a) If the employer’s insurer has entered into a contract with an organization for managed care or with providers of health care pursuant to NRS 616B.527, furnish the names, addresses and telephone numbers of:

            (1) Two or more physicians or chiropractors who are qualified to conduct the examination and who are available pursuant to the terms of the contract, if there are two or more such physicians or chiropractors within 30 miles of the employee’s place of employment; or

            (2) One or more physicians or chiropractors who are qualified to conduct the examination and who are available pursuant to the terms of the contract, if there are not two or more such physicians or chiropractors within 30 miles of the employee’s place of employment.

      (b) If the employer’s insurer has not entered into a contract with an organization for managed care or with providers of health care pursuant to NRS 616B.527, furnish the names, addresses and telephone numbers of:

            (1) Two or more physicians or chiropractors who are qualified to conduct the examination, if there are two or more such physicians or chiropractors within 30 miles of the employee’s place of employment; or

            (2) One or more physicians or chiropractors who are qualified to conduct the examination, if there are not two or more such physicians or chiropractors within 30 miles of the employee’s place of employment.

      3.  From among the names furnished by the employer pursuant to subsection 2, the employee shall select one of those physicians or chiropractors to conduct the examination, but the employer shall not require the employee to select a particular physician or chiropractor from among the names furnished by the employer. Thereupon, the examining physician or chiropractor shall report forthwith to the employer and to the insurer the character and extent of the injury. The employer shall not require the employee to disclose or permit the disclosure of any other information concerning his physical condition except as required by NRS 616C.177.

 


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      4.  Further medical attention, except as otherwise provided in NRS 616C.265, must be authorized by the insurer.

      5.  This section does not prohibit an employer from requiring the employee to submit to an examination by a physician or chiropractor specified by the employer at any convenient time after medical attention which is required immediately has been completed.

      6.  An employee leasing company must provide to each employee covered under an employee leasing contract instructions on how to notify the leasing company supervisor and client company of an injury in plain, clear language placed in conspicuous type in a specifically labeled area of instructions given to the employee.

      Sec. 13.5.  NRS 616C.015 is hereby amended to read as follows:

      616C.015  1.  An employee or, in the event of the employee’s death, one of his dependents, shall provide written notice of an injury that arose out of and in the course of employment to the employer of the employee as soon as practicable, but within 7 days after the accident.

      2.  The notice required by subsection 1 must:

      (a) Be on a form prescribed by the Administrator. The form must allow the injured employee or his dependent to describe briefly the accident that caused the injury or death.

      (b) Be signed by the injured employee or by a person on his behalf, or in the event of the employee’s death, by one of his dependents or by a person acting on behalf of the dependent.

      (c) Include an explanation of the procedure for filing a claim for compensation.

      (d) Be prepared in duplicate so that the injured employee or his dependent and the employer can retain a copy of the notice.

      3.  Upon receipt of the notice required by subsection 1, the employer, the injured employee’s supervisor or the agent of the employer who was in charge of the type of work or the area where the accident occurred shall sign the notice. The signature of the employer, the supervisor or the employer’s agent is an acknowledgment of the receipt of the notice and shall not be deemed to be a waiver of any of the employer’s defenses or rights.

      4.  An employer shall maintain a sufficient supply of the forms required to file the notice required by subsection 1 for use by his employees.

      5.  An employer shall retain any notice provided pursuant to subsection 1 for 3 years after the date of the accident. An employer insured by a private carrier shall not file a notice of injury with the private carrier.

      6.  The claim of a leased employee is not barred if he gives notice to his client company supervisor, rather than to his leasing company supervisor. Notification of an injury by a leased employee to his client company supervisor shall be deemed sufficient notice of injury to the employer.

      Sec. 13.8.  NRS 616D.120 is hereby amended to read as follows:

      616D.120  1.  Except as otherwise provided in this section, if the Administrator determines that an insurer, organization for managed care, health care provider, third-party administrator , [or] employer or employee leasing company has:

      (a) Induced a claimant to fail to report an accidental injury or occupational disease;

      (b) Without justification, persuaded a claimant to:

 


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            (1) Settle for an amount which is less than reasonable;

            (2) Settle for an amount which is less than reasonable while a hearing or an appeal is pending; or

            (3) Accept less than the compensation found to be due him by a hearing officer, appeals officer, court of competent jurisdiction, written settlement agreement, written stipulation or the Division when carrying out its duties pursuant to chapters 616A to 617, inclusive, of NRS;

      (c) Refused to pay or unreasonably delayed payment to a claimant of compensation or other relief found to be due him by a hearing officer, appeals officer, court of competent jurisdiction, written settlement agreement, written stipulation or the Division when carrying out its duties pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS, if the refusal or delay occurs:

            (1) Later than 10 days after the date of the settlement agreement or stipulation;

            (2) Later than 30 days after the date of the decision of a court, hearing officer, appeals officer or the Division, unless a stay has been granted; or

            (3) Later than 10 days after a stay of the decision of a court, hearing officer, appeals officer or the Division has been lifted;

      (d) Refused to process a claim for compensation pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS;

      (e) Made it necessary for a claimant to initiate proceedings pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS for compensation or other relief found to be due him by a hearing officer, appeals officer, court of competent jurisdiction, written settlement agreement, written stipulation or the Division when carrying out its duties pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS;

      (f) Failed to comply with the Division’s regulations covering the payment of an assessment relating to the funding of costs of administration of chapters 616A to 617, inclusive, of NRS;

      (g) Failed to provide or unreasonably delayed payment to an injured employee or reimbursement to an insurer pursuant to NRS 616C.165; or

      (h) Intentionally failed to comply with any provision of, or regulation adopted pursuant to, this chapter or chapter 616A, 616B, 616C or 617 of NRS,

Ê the Administrator shall impose an administrative fine of $1,500 for each initial violation, or a fine of $15,000 for a second or subsequent violation.

      2.  Except as otherwise provided in chapters 616A to 616D, inclusive, or chapter 617 of NRS, if the Administrator determines that an insurer, organization for managed care, health care provider, third-party administrator , [or] employer or employee leasing company has failed to comply with any provision of this chapter or chapter 616A, 616B, 616C or 617 of NRS, or any regulation adopted pursuant thereto, the Administrator may take any of the following actions:

      (a) Issue a notice of correction for:

            (1) A minor violation, as defined by regulations adopted by the Division; or

            (2) A violation involving the payment of compensation in an amount which is greater than that required by any provision of this chapter or chapter 616A, 616B, 616C or 617 of NRS, or any regulation adopted pursuant thereto.

 


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Ê The notice of correction must set forth with particularity the violation committed and the manner in which the violation may be corrected. The provisions of this section do not authorize the Administrator to modify or negate in any manner a determination or any portion of a determination made by a hearing officer, appeals officer or court of competent jurisdiction or a provision contained in a written settlement agreement or written stipulation.

      (b) Impose an administrative fine for:

            (1) A second or subsequent violation for which a notice of correction has been issued pursuant to paragraph (a); or

            (2) Any other violation of this chapter or chapter 616A, 616B, 616C or 617 of NRS, or any regulation adopted pursuant thereto, for which a notice of correction may not be issued pursuant to paragraph (a).

Ê The fine imposed must not be greater than $375 for an initial violation, or more than $1,500 for any second or subsequent violation.

      (c) Order a plan of corrective action to be submitted to the Administrator within 30 days after the date of the order.

      3.  If the Administrator determines that a violation of any of the provisions of paragraphs (a) to (e), inclusive, or (h) of subsection 1 has occurred, the Administrator shall order the insurer, organization for managed care, health care provider, third-party administrator , [or] employer or employee leasing company to pay to the claimant a benefit penalty:

      (a) Except as otherwise provided in paragraph (b), in an amount that is not less than $5,000 and not greater than $37,500; or

      (b) Of $3,000 if the violation involves a late payment of compensation or other relief to a claimant in an amount which is less than $500 or which is not more than 14 days late.

      4.  To determine the amount of the benefit penalty, the Administrator shall consider the degree of physical harm suffered by the injured employee or his dependents as a result of the violation of paragraph (a), (b), (c), (d), (e) or (h) of subsection 1, the amount of compensation found to be due the claimant and the number of fines and benefit penalties, other than a benefit penalty described in paragraph (b) of subsection 3, previously imposed against the insurer, organization for managed care, health care provider, third-party administrator , [or] employer or employee leasing company pursuant to this section. If this is the third violation within 5 years for which a benefit penalty, other than a benefit penalty described in paragraph (b) of subsection 3, has been imposed against the insurer, organization for managed care, health care provider, third-party administrator , [or] employer [,] or employee leasing company, the Administrator shall also consider the degree of economic harm suffered by the injured employee or his dependents as a result of the violation of paragraph (a), (b), (c), (d), (e) or (h) of subsection 1. Except as otherwise provided in this section, the benefit penalty is for the benefit of the claimant and must be paid directly to him within 10 days after the date of the Administrator’s determination. If the claimant is the injured employee and he dies before the benefit penalty is paid to him, the benefit penalty must be paid to his estate. Proof of the payment of the benefit penalty must be submitted to the Administrator within 10 days after the date of his determination unless an appeal is filed pursuant to NRS 616D.140. Any compensation to which the claimant may otherwise be entitled pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS must not be reduced by the amount of any benefit penalty received pursuant to this subsection.

 


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ê2009 Statutes of Nevada, Page 1134 (Chapter 269, SB 361)ê

 

      5.  In addition to any fine or benefit penalty imposed pursuant to this section, the Administrator may assess against an insurer who violates any regulation concerning the reporting of claims expenditures or premiums received that are used to calculate an assessment, an administrative penalty of up to twice the amount of any underpaid assessment.

      6.  If:

      (a) The Administrator determines that a person has violated any of the provisions of NRS 616D.200, 616D.220, 616D.240, 616D.300, 616D.310 or 616D.350 to 616D.440, inclusive; and

      (b) The Fraud Control Unit for Industrial Insurance of the Office of the Attorney General established pursuant to NRS 228.420 notifies the Administrator that the Unit will not prosecute the person for that violation,

Ê the Administrator shall impose an administrative fine of not more than $15,000.

      7.  Two or more fines of $1,000 or more imposed in 1 year for acts enumerated in subsection 1 must be considered by the Commissioner as evidence for the withdrawal of:

      (a) A certificate to act as a self-insured employer.

      (b) A certificate to act as an association of self-insured public or private employers.

      (c) A certificate of registration as a third-party administrator.

      8.  The Commissioner may, without complying with the provisions of NRS 616B.327 or 616B.431, withdraw the certification of a self-insured employer, association of self-insured public or private employers or third-party administrator if, after a hearing, it is shown that the self-insured employer, association of self-insured public or private employers or third-party administrator violated any provision of subsection 1.

      9.  If the Administrator determines that a vocational rehabilitation counselor has violated the provisions of NRS 616C.543, the Administrator may impose an administrative fine on the vocational rehabilitation counselor of not more than $250 for a first violation, $500 for a second violation and $1,000 for a third or subsequent violation.

      Sec. 14.  1.  This section and sections 1 to 7, inclusive, and 9 to 13.8, inclusive, of this act become effective on October 1, 2009.

      2.  Section 8 of this act becomes effective on January 1, 2010.

________

 


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ê2009 Statutes of Nevada, Page 1135ê

 

CHAPTER 270, SB 365

Senate Bill No. 365–Committee on Commerce and Labor

 

CHAPTER 270

 

AN ACT relating to trust companies; providing for the licensure and regulation of family trust companies; revising provisions relating to trust companies; providing a civil penalty; and providing other matters properly relating thereto.

 

[Approved: May 28, 2009]

 

Legislative Counsel’s Digest:

      Section 3 of this bill sets forth a legislative finding concerning the need for a new chapter in NRS to regulate family trust companies. Section 1 of this bill provides for assessments to be paid by family trust companies. Sections 5-11 of this bill set forth definitions relating to family trust companies. Sections 12 and 37 of this bill provide that a family trust company is exempt from the provisions of chapter 669 of NRS, which regulate trust companies, under certain circumstances. Sections 13, 14, 21-23 and 26 of this bill provide for the licensure of family trust companies and the renewal of such licenses. Such licensure is optional. Sections 15-20, 24, 25 and 27-33 of this bill set forth the rights, duties and restrictions applicable to family trust companies and provide for the regulation of family trust companies by the Commissioner of Financial Institutions. Section 34 of this bill provides for administrative fines to be imposed on persons violating the provisions governing family trust companies.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 658.098 is hereby amended to read as follows:

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

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

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

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

      (d) Trust company or family trust company that is supervised pursuant to chapter 669 of NRS [;] or sections 3 to 34, inclusive, of this act.

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

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

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

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

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

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

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

 


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ê2009 Statutes of Nevada, Page 1136 (Chapter 270, SB 365)ê

 

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

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

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

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

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

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

      5.  Money collected by the Commissioner pursuant to this section must be deposited in the State Treasury pursuant to the provisions of NRS 658.091.

      Sec. 2.  Title 55 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 3 to 34, inclusive, of this act.

      Sec. 3.  The Legislature finds as facts and determines that:

      1.  There exists a need to modernize trust company laws in Nevada to make Nevada more competitive in attracting new business, for Nevada to remain competitive with a majority of other states that have modernized their laws and to ensure the safety and soundness of all trust companies licensed pursuant to the provisions of this chapter or chapter 669 of NRS.

      2.  Unlike the public trust companies required to be licensed pursuant to the provisions of chapter 669 of NRS, family trust companies do not engage or seek to engage in a trust company business with the public but rather serve solely the interests of members and related parties of a single family and the grantors and beneficiaries of trust instruments created for the purposes of estate planning for the family members. Consequently, there is no public interest to be protected or furthered and requiring the licensing of family trust companies will not promote the public advantage and convenience. There are, however, reasons that some family trust companies may wish to obtain state licensing and appropriate supervision under trust company law.

      3.  It is the purpose of this chapter to:

      (a) Define those persons who are engaged in or who desire to provide fiduciary services to a single family and its related interests as a family trust company and who are not doing trust company business with the public or offering services to the general public; and

      (b) Bring under public supervision only those family trust companies desiring the benefits of being licensed pursuant to the provisions of this chapter or chapter 669 of NRS.

 


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ê2009 Statutes of Nevada, Page 1137 (Chapter 270, SB 365)ê

 

      Sec. 4.  As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 5 to 11, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 5.  “Affiliate” means a family affiliate of any family member of the family trust company who is qualified to serve and any person controlling, controlled by or under common control with the family trust company.

      Sec. 6.  “Confidential information” includes:

      1.  The names of stockholders, members or other owners;

      2.  Ownership information;

      3.  Capital contributions;

      4.  Addresses;

      5.  Business affiliations;

      6.  Information obtained from the family trust company;

      7.  Findings of the Commissioner through any examination or investigation;

      8.  Any information required to be reported to or filed with the Commissioner;

      9.  Any information that qualifies as any person’s “nonpublic personal information” under 15 U.S.C. § 6809 and the regulations adopted pursuant thereto;

      10.  Any information or agreement relating to any merger, consolidation or transfer;

      11.  Any information or agreement relating to any relationship with a contracting trustee; and

      12.  Any other nonpublic information that, in the judgment of the Commissioner, could be useful in connection with an act of bribery, extortion, identity theft or terrorism.

      Sec. 7.  “Designated relative” means the common ancestor of the family, who may be either a living or deceased person. With regard to:

      1.  A licensed family trust company or a family trust company applying to be licensed pursuant to this chapter, the designated relative is the person who is designated in the application for a license or in the annual renewal of a license.

      2.  A family trust company other than a family trust company described in subsection 1, the designated relative is any person designated by the family trust company in a letter to the Commissioner sent by certified mail, return receipt requested.

      Sec. 8.  “Family affiliate” means a company or other entity with respect to which a family member possesses, directly or indirectly, the power to direct or cause the direction of the management and policies of that company or entity, whether through the ownership of voting securities, by contract, power of direction or otherwise.

      Sec. 9.  1.  “Family member” includes, without limitation, the designated relative and:

      (a) Any person within the tenth degree of lineal kinship of the designated relative;

      (b) Any person within the ninth degree of collateral kinship to the designated relative;

      (c) Any nonfamily member who is an individual beneficiary under a will or trust created by a family member specified in paragraph (a) or (b), including the spouse and issue of that person;

 


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ê2009 Statutes of Nevada, Page 1138 (Chapter 270, SB 365)ê

 

      (d) The spouse and any former spouse of the designated relative or of any person qualifying as a family member pursuant to paragraph (a) or (b);

      (e) A person who is a relative of a spouse or former spouse specified in paragraph (c) or (d) who is within the fifth degree of lineal kinship of the spouse or former spouse;

      (f) A family affiliate and the officers, managers and directors of that family affiliate and their immediate families;

      (g) An inter vivos or testamentary trust established by a family member either individually or jointly with a spouse or third party and any trustee, advisor or other person assisting with administration of that trust;

      (h) An inter vivos or testamentary trust established by a person who is not a family member if noncharitable beneficiaries of that trust include family members;

      (i) The estate of a family member;

      (j) The estate of a nonfamily member if the noncharitable beneficiaries of that estate include family members; and

      (k) A charitable foundation, a charitable trust or charitable entity of which a family member is an organizer, incorporator, officer, member of the governing board, trustee, major donor or noncharitable beneficiary and the officers, directors, individual trustees and managers of that foundation, trust or entity and their immediate families.

      2.  For the purposes of this section:

      (a) A family member is not a member of the public;

      (b) A legally adopted person must be treated as a natural child of the adoptive parents;

      (c) A stepchild must be treated as a natural child of the family member who is or was the stepparent of that child;

      (d) Children of a spouse of a family member must be treated as a natural child of that family member; and

      (e) Degrees are calculated by adding the number of steps from the designated relative through each person to the family member either directly, in the case of lineal kinship, or through the common ancestor, in the case of collateral kinship.

      3.  As used in this section:

      (a) “Collateral kinship” means a relationship that is not lineal, but stems from a common ancestor.

      (b) “Lineal kinship” means a family member who is in the direct line of ascent or descent from the designated relative.

      Sec. 10.  “Family trust company” means a corporation or limited-liability company that:

      1.  Acts or proposes to act as a fiduciary;

      2.  Is organized or qualified to do business in this State to serve family members; and

      3.  Does not:

      (a) Transact trust company business with;

      (b) Propose to act as a fiduciary for; or

      (c) Solicit trust company business from,

Ê a person who is not a family member.

      Sec. 11.  “Licensed family trust company” means a trust company licensed pursuant to this chapter.

 


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ê2009 Statutes of Nevada, Page 1139 (Chapter 270, SB 365)ê

 

      Sec. 12.  A family trust company is not required to be licensed as a trust company pursuant to chapter 669 of NRS. Unless a family trust company applies for licensure pursuant to chapter 669 of NRS, the family trust company is not:

      1.  Subject to supervision by the Commissioner pursuant to this chapter or chapter 669 of NRS; or

      2.  Except as otherwise provided in this chapter, subject to the provisions of chapter 669 of NRS applicable to a trust company that offers trust company services to:

      (a) Persons who are not family members; or

      (b) The public at large.

      Sec. 13.  A family trust company:

      1.  Is not required to be licensed pursuant to this chapter or chapter 669 of NRS.

      2.  May apply for a license as:

      (a) A trust company pursuant to chapter 669 of NRS; or

      (b) A licensed family trust company pursuant to this chapter.

      Sec. 14.  A trust company licensed pursuant to the provisions of chapter 669 of NRS may exchange its license granted pursuant to that chapter for a license under this chapter, thereby becoming a licensed family trust company, upon providing the Commissioner with satisfactory evidence that at or before the effective date of its license under this chapter, the trust company will:

      1.  Satisfy the definition of a family trust company; and

      2.  Comply with the requirements of section 16 of this act.

      Sec. 15.  Except as otherwise provided in section 17 of this act, a family trust company licensed pursuant to this chapter has all the rights, privileges and exemptions from licensing and regulation requirements made applicable by any law of this State to trust companies licensed pursuant to chapter 669 of NRS, including, without limitation, the requirements for registration, licensing and supervision set forth in chapter 90 of NRS.

      Sec. 16.  A licensed family trust company shall maintain:

      1.  At least one officer of the licensed family trust company who is a resident of this State;

      2.  A physical office in this State where original or true copies of all material business records and accounts of the licensed family trust company may be accessed and readily available for examination by the Division of Financial Institutions;

      3.  A registered agent, with an office at the street address of the registered agent, in this State;

      4.  All applicable state and local business licenses and permits; and

      5.  A bank account with a state chartered or national bank having a principal or branch offices in this State.

      Sec. 17.  1.  Except as otherwise provided in subsections 2 and 3, or pursuant to the provisions of NRS 669.095, a family trust company formed and doing business under the laws of this State or any other state shall not:

      (a) Advertise its services to the public; or

      (b) Use the word “trust” or any direct derivative of that word as a part of its name.

      2.  The provisions of subsection 1 do not apply to a family trust company which is licensed pursuant to chapter 669 of NRS.

 


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      3.  The provisions of paragraph (b) of subsection 1 do not apply to a licensed family trust company.

      Sec. 18.  A licensed family trust company must not be organized or operated with a stockholders’ equity of less than $300,000. The full amount of the initial stockholders’ equity must be paid in cash, exclusive of all organization expenses, before the licensed family trust company is authorized to commence business as a licensed family trust company.

      Sec. 19.  An applicant for a license to conduct business as a licensed family trust company under this chapter must be organized as a corporation or limited-liability company under the laws of this State or authorized to do business in this State as a foreign corporation or foreign limited-liability company.

      Sec. 20.  1.  If a licensed family trust company is organized under the laws of this State as a corporation or limited-liability company, the articles of incorporation, certificate of incorporation or articles of organization must contain:

      (a) The name adopted by the licensed family trust company, which must be such as to distinguish it from any other trust company formed or incorporated in this State, or engaged in the business of a trust company or licensed family trust company in this State; and

      (b) The purpose for which it is formed.

      2.  The provisions of subsection 1 do not apply to a licensed family trust company which is licensed or chartered to do business as a trust company under the laws of another state, but the licensed family trust company must use a name that distinguishes it from any other trust company organized as or conducting the business of:

      (a) A trust company; or

      (b) A licensed family trust company,

Ê in this State.

      Sec. 21.  1.  An applicant for a license as a family trust company must file an application with the Commissioner on forms prescribed by the Commissioner. The application must contain or be accompanied by such information as the Commissioner requires.

      2.  A nonrefundable fee of not more than $3,000 must accompany the application. The applicant must also pay such reasonable additional expenses incurred in the process of investigation as the Commissioner deems necessary. In addition, a fee of not less than $300 or more than $1,000, prorated on the basis of the licensing year as provided by the Commissioner, must be paid at the time of making the application.

      3.  A licensed family trust company may maintain offices in this and other states. For every branch location of a family trust company organized under the laws of this State, and every branch location in this State of a foreign family trust company electing to be licensed as a family trust company in this State, a request for approval and licensing must be filed with the Commissioner on such forms as he prescribes. A nonrefundable fee of not more than $500 must accompany each request. In addition, a fee of not more than $200, prorated on the basis of the licensing year as provided by the Commissioner, must be paid at the time of making the request.

      4.  The Commissioner shall adopt regulations establishing the amount of the fees required pursuant to this section. All money received by the Commissioner pursuant to this section must be placed in the Investigative Account for Financial Institutions created by NRS 232.545.

 


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ê2009 Statutes of Nevada, Page 1141 (Chapter 270, SB 365)ê

 

Commissioner pursuant to this section must be placed in the Investigative Account for Financial Institutions created by NRS 232.545.

      5.  The Commissioner shall consider an application to be withdrawn if the Commissioner has not received all information and fees required to complete the application within 12 months of the Commissioner’s first request therefor or within such later period as the Commissioner determines. If an application is deemed to be withdrawn pursuant to this subsection or if an applicant otherwise withdraws an application, the Commissioner must not issue a license to the applicant unless the applicant submits a new application and pays any required fees.

      Sec. 22.  1.  Within 60 days after the application for a license as a family trust company is filed, the Commissioner shall investigate the facts of the application and the other requirements of this chapter to determine:

      (a) That the persons who will serve as directors or officers of the corporation, or the managers or members acting in a managerial capacity of the limited-liability company, as applicable:

            (1) Have a good reputation for honesty, trustworthiness and integrity and display competence to transact the business of a licensed family trust company. The applicant must submit satisfactory proof of these qualifications to the Commissioner.

            (2) Have not been convicted of, or entered a plea of nolo contendere to, a felony or any crime involving fraud, misrepresentation or moral turpitude.

            (3) Have not made a false statement of material fact on the application.

            (4) Have not had a license that was issued pursuant to the provisions of this chapter or chapter 669 of NRS suspended or revoked within the 10 years immediately preceding the date of the application.

            (5) Have not had a license as a trust company which was issued in any other state, district or territory of the United States or any foreign country suspended or revoked within the 10 years immediately preceding the date of the application.

            (6) Have not been found guilty of any violation of any of the provisions of this chapter or any regulation adopted pursuant thereto that in the judgment of the Commissioner would render the person unfit for the proposed position.

      (b) That the financial status of the directors and officers of the corporation, or the managers or members acting in a managerial capacity of the limited-liability company, as applicable, is consistent with their responsibilities and duties.

      (c) That the name of the proposed company complies with the provisions of NRS 657.200.

      (d) That the initial stockholders’ equity is not less than the required minimum.

      2.  Notice of the entry of an order refusing a license to a family trust company must be given in writing, served personally or sent by certified mail to the company affected. The company, upon application, is entitled to a hearing before a hearing officer appointed by the Director of the Department of Business and Industry, but if no such application is made within 30 days after the entry of an order refusing a license to any company, the Commissioner shall enter a final order.

 


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ê2009 Statutes of Nevada, Page 1142 (Chapter 270, SB 365)ê

 

      3.  If the hearing officer affirms the order of the Commissioner refusing the license, the applicant may file a petition for judicial review pursuant to NRS 233B.130.

      Sec. 23.  1.  On or before April 1 of each year, each licensed family trust company must pay to the Division of Financial Institutions a license fee of $1,500. All money collected under the provisions of this section must be deposited in the State Treasury pursuant to the provisions of NRS 658.091.

      2.  A licensed family trust company which identifies a new designated relative when the licensed family trust company renews its license shall pay an additional annual license fee for renewal in such amount as the Commissioner shall determine.

      Sec. 24.  1.  A family trust company may, but only for family members:

      (a) Act as a fiduciary, including as a personal representative, within and outside this State.

      (b) Act within and outside this State as advisory agent, agent, assignee, assignee for the benefit of creditors, attorney-in-fact, authenticating agent, bailee, bond or indenture trustee, conservator, conversion agent, curator, custodian, escrow agent, exchange agent, fiscal or paying agent, financial advisor, investment advisor, investment manager, managing agent, purchase agent, receiver, registrar, safekeeping agent, subscription agent, transfer agent except for public companies, warrant agent, or in similar capacities generally performed by corporate trustees, and in so acting to possess, purchase, sell, invest, reinvest, safekeep or otherwise manage or administer real or personal property of other persons.

      (c) Exercise the powers of a business corporation or a limited-liability company organized or qualified as a foreign corporation or a limited-liability company under the laws of this State and any incidental powers that are reasonably necessary to enable it to fully exercise, in accordance with commonly accepted customs and usages, a power conferred in this chapter.

      (d) Do and perform all acts necessary or incidental to exercise the powers enumerated in this section or authorized by this chapter and any other applicable laws of this State.

      2.  A family trust company shall not engage in any:

      (a) Banking with the public; or

      (b) Trust company business with the public unless licensed pursuant to chapter 669 of NRS.

      Sec. 25.  1.  Except as otherwise provided in subsection 2, the assets forming the minimum capital of a licensed family trust company pursuant to section 18 of this act must:

      (a) Consist of:

            (1) Cash;

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

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

            (4) Any combination thereof.

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

 


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

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

      4.  Notwithstanding the provisions of any other law to the contrary, a family trust company is authorized while acting as a fiduciary to purchase for the fiduciary estate, directly from underwriters or distributors or in the secondary market:

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

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

      5.  The authority granted in subsection 4 may be exercised only if:

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

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

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

      6.  A family trust company may:

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

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

 


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ê2009 Statutes of Nevada, Page 1144 (Chapter 270, SB 365)ê

 

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

      (a) Is at a fair price;

      (b) Is in accordance with:

            (1) The interest of the beneficiaries; and

            (2) The purposes of the trusts; and

      (c) Complies with:

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

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

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

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

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

            (2) A court order;

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

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

      (b) The purchase of the security:

            (1) Is at a fair price; and

            (2) Complies with:

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

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

      Sec. 26.  Whenever a licensed family trust company desires to discontinue its business as a family trust company, it shall furnish to the Commissioner satisfactory evidence of its release and discharge from all the obligations and trusts which it has assumed or which have been imposed by law. Thereafter, the Commissioner shall enter an order cancelling the license of the family trust company.

      Sec. 27.  1.  The directors or managers of a licensed family trust company shall obtain fidelity bonds in such amounts as they shall determine on any active officers, managers, members acting in a managerial capacity and employees, whether or not they receive a salary or other compensation from the licensed family trust company, to indemnify the licensed family trust company against loss because of any dishonest, fraudulent or criminal act or omission by any of the persons bonded, acting alone or in combination with any other person. The bonds may be in any form and may be paid for by the licensed family trust company.

      2.  A licensed family trust company may also procure property and casualty insurance of a nature and with such coverage amounts as the licensed family trust company deems advisable.

 


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ê2009 Statutes of Nevada, Page 1145 (Chapter 270, SB 365)ê

 

      Sec. 28.  1.  The Commissioner may examine the books and records of a licensed family trust company. For each examination of the books and records of a licensed family trust company as authorized under this chapter, the Commissioner shall charge and collect from the licensed family trust company a fee for conducting the examination and in preparing, typing and copying the report of the examination at the rate established pursuant to NRS 658.101.

      2.  All money collected under this section must be deposited in the State Treasury pursuant to the provisions of NRS 658.091.

      Sec. 29.  1.  The Commissioner may adopt such regulations as may be necessary to carry out the purposes and provisions of this chapter.

      2.  The Commissioner may issue rules, orders, approvals, declaratory rulings or interpretations which determine, in individual circumstances or circumstances of more general applicability, whether an existing or proposed family trust company meets, or family trust companies within such circumstances of more general applicability would meet, the definition of a family trust company. Any person applying for such a determination shall pay an application fee to the Division of Financial Institutions upon submittal of that application for a determination in such amount as the Commissioner shall prescribe.

      Sec. 30.  1.  The violation of any of the provisions of this chapter by the officers or directors, or the managers or members acting in a managerial capacity, of any licensed family trust company is sufficient cause for the Commissioner to revoke the license of the family trust company.

      2.  If a licensed family trust company or any person authorized to act on behalf of the family trust company refuses to allow the Commissioner or his deputies to inspect all books, records, papers and effects of the business of the family trust company, the Commissioner may revoke the license of the licensed family trust company.

      Sec. 31.  1.  If a licensed family trust company fails to submit within the prescribed period any report required pursuant to this chapter or any regulation adopted pursuant thereto, the Commissioner may impose and collect a fee of not more than $25 for each day the report is overdue.

      2.  The Commissioner shall adopt regulations establishing the amount of the fee that may be imposed pursuant to this section.

      Sec. 32.  Each officer, director, manager, member, employee or agent of a licensed family trust company who, following written notice from the Commissioner sent by certified mail, knowingly or willfully:

      1.  Neglects to perform any duty required by this chapter or other applicable law; or

      2.  Fails to conform to any material lawful requirement made by the Commissioner,

Ê is subject to removal upon order of the Commissioner.

      Sec. 33.  1.  Except as otherwise provided in this section, any application and personal or financial records submitted by a person pursuant to the provisions of this chapter, any personal or financial records or other documents obtained by the Division of Financial Institutions pursuant to an examination or audit conducted by the Division pursuant to this chapter and any other private information relating to a family trust company are confidential and may be disclosed only to:

 


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ê2009 Statutes of Nevada, Page 1146 (Chapter 270, SB 365)ê

 

      (a) The Division, any authorized employee of the Division and a state or federal agency investigating activities regulated pursuant to this chapter; and

      (b) Any other person if the Commissioner, in his discretion, determines that the interests of the public in disclosing the information outweigh the interests of the person about whom the information pertains in not disclosing the information.

      2.  The Commissioner shall give to the family trust company to which the information relates 10-days prior written notice of intent to disclose confidential information directly or indirectly to a person pursuant to paragraph (b) of subsection 1. Any family trust company which receives such a notice may object to the disclosure of the confidential information and will be afforded the right to a hearing in accordance with the provisions of chapter 233B of NRS. If a family trust company requests a hearing, the Commissioner may not reveal confidential information prior to the conclusion of the hearing and a ruling. Prior to dissemination of any confidential information, the Commissioner shall require a written agreement not to reveal the confidential information by the party receiving the confidential information. In no event shall the Commissioner disclose confidential information to the general public, any competitor or any potential competitor of a family trust company.

      3.  Nothing in this chapter is intended to preclude a law enforcement officer from gaining access to otherwise confidential records by subpoena, court order, search warrant or other lawful means. Notwithstanding any other provision of this chapter, the Commissioner shall have the ability to share information with other out of state or federal regulators with whom the Department of Business and Industry has an agreement regarding the sharing of information. Nothing in this chapter is intended to preclude any agency of this State from gaining access to otherwise confidential records in accordance with any applicable law.

      Sec. 34.  In addition to any other remedy or penalty, the Commissioner may impose an administrative fine of not more than $10,000 upon a person who:

      1.  Without a license, conducts any business or activity for which a license is required pursuant to the provisions of this chapter; or

      2.  Violates any provision of this chapter or any regulation adopted pursuant thereto.

      Sec. 35.  (Deleted by amendment.)

      Sec. 36.  NRS 669.020 is hereby amended to read as follows:

      669.020  As used in this chapter [,] and sections 3 to 34, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 669.029 to 669.070, inclusive, have the meanings ascribed to them in those sections.

      Sec. 37.  NRS 669.080 is hereby amended to read as follows:

      669.080  1.  This chapter does not apply to a person who:

      (a) Does business under the laws of this State, the United States or another state relating to banks, savings banks, savings and loan associations or thrift companies, but if the business conducted in this State is not subject to supervision by a regulatory authority of another jurisdiction, the person must be licensed pursuant to this chapter;

 


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ê2009 Statutes of Nevada, Page 1147 (Chapter 270, SB 365)ê

 

      (b) Is appointed as a fiduciary pursuant to NRS 662.245;

      (c) Is acting in the performance of his duties as an attorney at law;

      (d) Acts as a trustee under a deed of trust;

      (e) Acts as a registered agent for a domestic or foreign corporation, limited-liability company, limited partnership or limited-liability partnership;

      (f) Acts as a trustee of a trust holding real property for the primary purpose of facilitating any transaction with respect to real estate if he is not regularly engaged in the business of acting as a trustee for such trusts;

      (g) Engages in the business of a collection agency pursuant to chapter 649 of NRS;

      (h) Engages in the business of an escrow agency, escrow agent or escrow officer pursuant to the provisions of chapter 645A or 692A of NRS;

      (i) Acts as a trustee of a trust created for charitable or nonprofit purposes if he is not regularly engaged in the business of acting as trustee for such trusts;

      (j) Receives money or other property as a real estate broker licensed under chapter 645 of NRS on behalf of a principal;

      (k) Engages in transactions as a broker-dealer or sales representative pursuant to chapter 90 of NRS;

      (l) Acts as a fiduciary under a court trust;

      (m) Does business as an insurer authorized to issue policies of life insurance and annuities or endowment contracts in this State and is subject to regulation and control of the Commissioner of Insurance; [or]

      (n) Acts as a fiduciary if:

            (1) The fiduciary relationship is not one of his principal occupations; or

            (2) He serves as a fiduciary for a relative by blood or marriage [.] ; or

      (o) Except as otherwise provided in sections 3 to 34, inclusive, of this act, is a family trust company, as defined in section 10 of this act.

      2.  A bank, savings bank, savings and loan association or thrift company claiming an exemption from this chapter pursuant to paragraph (a) of subsection 1 must notify the Commissioner of Financial Institutions of its intention to engage in the business of a trust company in this State and present proof satisfactory to the Commissioner of Financial Institutions that its fiduciary activities in this State will be subject to regulation by another jurisdiction.

________

 


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ê2009 Statutes of Nevada, Page 1148ê

 

CHAPTER 271, SB 370

Senate Bill No. 370–Committee on Legislative Operations and Elections

 

CHAPTER 271

 

AN ACT relating to the state legislative process; clarifying the authority to direct the Fiscal Analysis Division of the Legislative Counsel Bureau to obtain a fiscal note on a bill or resolution; eliminating certain requirements relating to the reprinting of bills; and providing other matters properly relating thereto.

 

[Approved: May 28, 2009]

 

Legislative Counsel’s Digest:

      Section 1 of this bill clarifies the term “presiding officer” for each house of the Legislature for the purpose of directing the Fiscal Analysis Division of the Legislative Counsel Bureau to obtain a fiscal note concerning a legislative bill or resolution.

      Section 3 of this bill repeals the requirement that all bills amended by either house be reprinted immediately. (NRS 218.320) Section 2 of this bill removes a related provision which requires a comparison of the printed bill or resolution to the amendment before the third reading of the bill or resolution. (NRS 218.300) Section 2.5 of this bill removes another similar provision that authorizes the Legislature to dispense with the reprinting of a bill or resolution in certain circumstances. (NRS 218.330)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 218 of NRS is hereby amended by adding thereto a new section to read as follows:

      As used in this section and NRS 218.272 to 218.2758, inclusive, unless the context otherwise requires, “presiding officer” means:

      1.  In the Assembly, the Speaker of the Assembly or another member of the Assembly who is performing the functions of the Speaker during the absence or inability of the Speaker.

      2.  In the Senate, the Majority Leader of the Senate or another member of the Senate who is performing the functions of the Majority Leader during the absence or inability of the Majority Leader.

      Sec. 2.  NRS 218.300 is hereby amended to read as follows:

      218.300  [1.]  Upon receipt of the printed copies of each bill and resolution, the Legislative Counsel shall cause one copy to be designated as the original and bound in a cover, which copy must be delivered to the Secretary of the Senate or to the Chief Clerk of the Assembly. The Legislative Counsel shall determine an appropriate method for designating the original bills and resolutions to ensure that the authenticity of the original is preserved and shall notify the Secretary of the Senate, the Chief Clerk of the Assembly and the Secretary of State of the method selected.

      [2.  Before the third reading and final passage of the bill or resolution, the Legislative Counsel shall carefully compare the printed or reprinted copy of the bill or resolution with the duplicate copy thereof and the original amendments as adopted by the house and, if the printed or reprinted copy is found to be in all respects correct, the Legislative Counsel shall certify to the correctness of the bound copy and shall deliver the same to the Secretary of the Senate or to the Chief Clerk of the Assembly, as the case may be, whereupon the bound copy, so compared and certified, is ready for third reading and final passage.]

 


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ê2009 Statutes of Nevada, Page 1149 (Chapter 271, SB 370)ê

 

the Senate or to the Chief Clerk of the Assembly, as the case may be, whereupon the bound copy, so compared and certified, is ready for third reading and final passage.]

      Sec. 2.5.  NRS 218.330 is hereby amended to read as follows:

      218.330  Whenever a bill or resolution which shall have been passed in one House shall be amended in the other, it shall immediately be reprinted as amended by the House making such amendment or amendments. Such amendment or amendments shall be attached to the bill or resolution so amended and endorsed “adopted” and such amendment or amendments, if concurred in by the House in which such bill or resolution originated, shall be endorsed “concurred in” and such endorsement shall be signed by the Secretary of the Senate or by the Chief Clerk of the Assembly, as the case may be. [However, the reprinting of the bill may be dispensed with on motion carried by a two-thirds majority of the members present, but such amendment must be concurred in by the House in which such bill originated. If the reprinting is so dispensed with, the amendments may be inserted by hand in the printed bill, but the authenticity of each amendment shall be established by endorsement, such endorsement to consist of initials signed on the margin near each amendment by the Secretary of the Senate or by the Chief Clerk of the Assembly, as the case may be.]

      Sec. 3.  NRS 218.320 is hereby repealed.

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

________

 

CHAPTER 272, SB 371

Senate Bill No. 371–Committee on Legislative Operations and Elections

 

CHAPTER 272

 

AN ACT relating to the Legislature; increasing the authority of the Legislative Commission over interim studies and statutory committees; limiting the duration of interim studies; limiting the assignment of staff of the Legislative Counsel Bureau to committees not chaired by Legislators; and providing other matters properly relating thereto.

 

[Approved: May 28, 2009]

 

Legislative Counsel’s Digest:

      Existing law establishes various legislative committees that meet throughout the year, though primarily during the interim between regular legislative sessions. The Legislature also assigns studies to the Legislative Commission for completion during the interim. This bill increases the authority of the Legislative Commission over committees established by statute and interim studies assigned to the Legislative Commission. Sections 2, 4, 7, 8 and 11-13 of this bill establish beginning and ending dates for studies conducted by statutory committees or the Legislative Commission, unless otherwise ordered by the Legislative Commission. Section 8 also prohibits assignment of staff of the Legislative Counsel Bureau to committees not chaired by Legislators, except as otherwise required by statute.

 


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ê2009 Statutes of Nevada, Page 1150 (Chapter 272, SB 371)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 218.5352 is hereby amended to read as follows:

      218.5352  1.  The Legislative Committee on Education, consisting of eight legislative members, is hereby created. The membership of the Committee consists of:

      (a) Four members appointed by the Majority Leader of the Senate, at least one of whom must be a member of the minority political party.

      (b) Four members appointed by the Speaker of the Assembly, at least one of whom must be a member of the minority political party.

      2.  [After the initial selection, the] The Legislative Commission shall review and approve the budget and work program for the Committee and any changes to the budget or work program. The Legislative Commission shall select the Chairman and Vice Chairman of the Committee from among the members of the Committee. [After the initial selection of those officers, each] Each of those officers holds the position for a term of 2 years commencing on July 1 of each odd-numbered year. The Chairmanship of the Committee must alternate each biennium between the houses of the Legislature. If a vacancy occurs in the Chairmanship or Vice Chairmanship, the vacancy must be filled in the same manner as the original selection for the remainder of the unexpired term.

      3.  A member of the Committee who is not a candidate for reelection or who is defeated for reelection continues to serve until the convening of the next regular session of the Legislature.

      4.  A vacancy on the Committee must be filled in the same manner as the original appointment.

      Sec. 2.  NRS 218.5353 is hereby amended to read as follows:

      218.5353  1.  [The] Except as otherwise ordered by the Legislative Commission, the members of the Committee shall meet [throughout] not earlier than November 1 of each odd-numbered year and not later than August 31 of the following even-numbered year at the times and places specified by a call of the Chairman or a majority of the Committee. The Director of the Legislative Counsel Bureau or his designee shall act as the nonvoting recording Secretary of the Committee. Five members of the Committee constitute a quorum, and a quorum may exercise all the power and authority conferred on the Committee.

      2.  Except during a regular or special session of the Legislature, for each day or portion of a day during which a member of the Committee attends a meeting of the Committee or is otherwise engaged in the work of the Committee, he is entitled to receive the:

      (a) Compensation provided for a majority of the members of the Legislature during the first 60 days of the preceding regular session;

      (b) Per diem allowance provided for state officers and employees generally; and

      (c) Travel expenses provided pursuant to NRS 218.2207.

Ê The compensation, per diem allowances and travel expenses of the members of the Committee must be paid from the Legislative Fund.

      Sec. 3.  NRS 218.5363 is hereby amended to read as follows:

      218.5363  1.  There is hereby established a Legislative Committee on Public Lands consisting of three members of the Senate, three members of the Assembly and one elected officer representing the governing body of a local political subdivision, appointed by the Legislative Commission with appropriate regard for their experience with and knowledge of matters relating to public lands.

 


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ê2009 Statutes of Nevada, Page 1151 (Chapter 272, SB 371)ê

 

local political subdivision, appointed by the Legislative Commission with appropriate regard for their experience with and knowledge of matters relating to public lands. The members who are State Legislators must be appointed to provide representation from the various geographical regions of the State.

      2.  The Legislative Commission shall review and approve the budget and work program for the Committee and any changes to the budget or work program. The members of the Committee shall select a Chairman from one house of the Legislature and a Vice Chairman from the other. [After the initial selection of a Chairman and a Vice Chairman, each] Each such officer shall hold office for a term of 2 years commencing on July 1 of each odd-numbered year. If a vacancy occurs in the Chairmanship or Vice Chairmanship, the members of the Committee shall select a replacement for the remainder of the unexpired term.

      3.  Any member of the Committee who is not a candidate for reelection or who is defeated for reelection continues to serve until the convening of the next session of the Legislature.

      4.  Vacancies on the Committee must be filled in the same manner as original appointments.

      Sec. 4.  NRS 218.5365 is hereby amended to read as follows:

      218.5365  1.  [The] Except as otherwise ordered by the Legislative Commission, the members of the Committee shall meet [throughout each] not earlier than November 1 of each odd-numbered year and not later than August 31 of the following even-numbered year at the times and places specified by a call of the Chairman or a majority of the Committee. The Research Director of the Legislative Counsel Bureau or a person he has designated shall act as the nonvoting recording Secretary. The Committee shall prescribe regulations for its own management and government. Four members of the Committee constitute a quorum, and a quorum may exercise all the power and authority conferred on the Committee.

      2.  Except during a regular or special session of the Legislature, the members of the Committee who are State Legislators are entitled to receive the compensation provided for a majority of the members of the Legislature during the first 60 days of the preceding session, the per diem allowance provided for state officers and employees generally and the travel expenses provided pursuant to NRS 218.2207 for each day of attendance at a meeting of the Committee and while engaged in the business of the Committee. Per diem allowances, compensation and travel expenses of the legislative members of the Committee must be paid from the Legislative Fund.

      3.  The member of the Committee who represents a local political subdivision is entitled to receive the subsistence allowances and travel expenses provided by law for his position for each day of attendance at a meeting of the Committee and while engaged in the business of the Committee, to be paid by his local political subdivision.

      Sec. 5.  NRS 218.5373 is hereby amended to read as follows:

      218.5373  1.  There is hereby created an Interim Retirement and Benefits Committee of the Legislature to review the operation of the Public Employees’ Retirement System, the Judicial Retirement System established pursuant to chapter 1A of NRS and the Public Employees’ Benefits Program and to make recommendations to the Public Employees’ Retirement Board and the Board of the Public Employees’ Benefits Program, the Legislative Commission and the Legislature.

 


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ê2009 Statutes of Nevada, Page 1152 (Chapter 272, SB 371)ê

 

Commission and the Legislature. The Interim Retirement and Benefits Committee consists of six members appointed as follows:

      (a) Three members of the Senate, one of whom is the Chairman of the Committee on Finance during the preceding session and two of whom are appointed by the Majority Leader of the Senate.

      (b) Three members of the Assembly, one of whom is the Chairman of the Committee on Ways and Means and two of whom are appointed by the Speaker of the Assembly.

      2.  The Legislative Commission shall review and approve the budget and work program for the Committee and any changes to the budget or work program. The immediate past Chairman of the Senate Standing Committee on Finance is the Chairman of the Interim Retirement and Benefits Committee for the period ending with the convening of each odd-numbered session of the Legislature. The immediate past Chairman of the Assembly Standing Committee on Ways and Means is the Chairman of the Interim Retirement and Benefits Committee during the next legislative interim, and the chairmanship alternates between the houses of the Legislature according to this pattern.

      3.  The Interim Retirement and Benefits Committee may exercise the powers conferred on it by law only when the Legislature is not in regular or special session and shall meet at the call of the Chairman.

      4.  The Director of the Legislative Counsel Bureau shall provide a Secretary for the Interim Retirement and Benefits Committee.

      5.  The members of the Interim Retirement and Benefits Committee are entitled to receive the compensation provided for a majority of the members of the Legislature during the first 60 days of the preceding session, the per diem allowance provided for state officers and employees generally and the travel expenses provided by NRS 218.2207 for each day of attendance at a meeting of the Committee and while engaged in the business of the Committee. Per diem allowances, compensation and travel expenses of the members of the Committee must be paid from the Legislative Fund.

      Sec. 6.  NRS 218.53871 is hereby amended to read as follows:

      218.53871  1.  There is hereby created the Legislative Committee for the Review and Oversight of the Tahoe Regional Planning Agency and the Marlette Lake Water System consisting of three members of the Senate and three members of the Assembly, appointed by the Legislative Commission with appropriate regard for their experience with and knowledge of matters relating to the management of natural resources. The members must be appointed to provide representation from the various geographical regions of the State.

      2.  The Legislative Commission shall review and approve the budget and work program for the Committee and any changes to the budget or work program. The members of the Committee shall elect a Chairman from one house of the Legislature and a Vice Chairman from the other house. Each Chairman and Vice Chairman holds office for a term of 2 years commencing on July 1 of each odd-numbered year.

      3.  Any member of the Committee who is not a candidate for reelection or who is defeated for reelection continues to serve until the next session of the Legislature convenes.

      4.  Vacancies on the Committee must be filled in the same manner as original appointments.

 


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ê2009 Statutes of Nevada, Page 1153 (Chapter 272, SB 371)ê

 

      5.  The Committee shall report annually to the Legislative Commission concerning its activities and any recommendations.

      Sec. 7.  NRS 218.53872 is hereby amended to read as follows:

      218.53872  1.  [The] Except as otherwise ordered by the Legislative Commission, the members of the Committee shall meet [throughout each] not earlier than November 1 of each odd-numbered year and not later than August 31 of the following even-numbered year at the times and places specified by a call of the Chairman or a majority of the Committee.

      2.  The Director of the Legislative Counsel Bureau or a person he designates shall act as the nonvoting recording Secretary.

      3.  The Committee shall adopt rules for its own management and government.

      4.  Except as otherwise provided in subsection 5, four members of the Committee constitute a quorum.

      5.  Any recommended legislation proposed by the Committee must be approved by a majority of the members of the Senate and by a majority of the members of the Assembly appointed to the Committee.

      6.  Each member of the Committee, except during a regular or special session of the Legislature, is entitled to receive the compensation provided for a majority of the members of the Legislature during the first 60 days of the preceding regular session for each day or portion of a day during which he attends a meeting of the Committee or is otherwise engaged in the business of the Committee plus the per diem allowance provided for state officers and employees generally and the travel expenses provided pursuant to NRS 218.2207. The salaries and expenses paid pursuant to this subsection and any other expenses of the Committee must be paid from the Legislative Fund.

      Sec. 8.  NRS 218.635 is hereby amended to read as follows:

      218.635  1.  The Legislative Commission shall, between sessions of the Legislature, fix the work priority of all studies and investigations assigned to it by concurrent resolutions of the Legislature, or directed by an order of the Legislative Commission, within the limits of available time, money and staff. The Legislative Commission shall not make studies or investigations directed by resolutions of only one house of the Legislature or studies or investigations proposed but not approved during the preceding legislative session. All requests for the drafting of legislation to be recommended as the result of a study or investigation, except a study or investigation directed by an order of the Legislative Commission, must be made before July 1 of the year preceding a legislative session.

      2.  Except as otherwise provided by NRS 218.637 , between sessions of the Legislature no study or investigation may be initiated or continued by the Fiscal Analysts, the Legislative Auditor, the Legislative Counsel or the Research Director and their staffs except studies and investigations which have been specifically authorized by concurrent resolutions of the Legislature or by an order of the Legislative Commission. No study or investigation may be carried over from one session of the Legislature to the next without additional authorization by a concurrent resolution of the Legislature, except audits in progress, whose carryover has been approved by the Legislative Commission. Except as otherwise provided by specific statute, the staff of the Legislative Counsel Bureau shall not serve as primary administrative or professional staff for a committee unless the chairman of the committee is required by statute or resolution to be a Legislator.

 


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ê2009 Statutes of Nevada, Page 1154 (Chapter 272, SB 371)ê

 

      3.  The Legislative Commission shall review and approve the budget and work program and any changes to the budget or work program for each study or investigation conducted by the Legislative Commission or a committee or subcommittee established by the Legislative Commission.

      4.  A committee or subcommittee established to conduct a study or investigation assigned to the Legislative Commission by concurrent resolution of the Legislature or directed by order of the Legislative Commission must, unless otherwise ordered by the Legislative Commission, meet not earlier than January 1 of the even-numbered year and not later than June 30 of that year.

      Sec. 9.  NRS 218.681 is hereby amended to read as follows:

      218.681  1.  The general objectives and functions of the Legislative Commission are to:

      (a) Assist the Legislature in retaining status coordinate with the Executive and Judicial Branches of State Government.

      (b) Investigate and inquire into subjects upon which the Legislature may act by the enactment or amendment of statutes, governmental problems, important issues of public policy or questions of statewide interest.

      (c) Assure that the most effective use is made of the audit, fiscal, legal and research services and facilities provided by the Legislative Counsel Bureau to the Legislature and its members.

      (d) Coordinate and oversee interim studies and other legislative committees meeting in the interim between regular legislative sessions.

      2.  In addition to the powers and duties elsewhere conferred and imposed upon the Legislative Commission in this chapter, in order to carry out its general objectives and functions the Legislative Commission:

      (a) Shall receive recommendations and suggestions for legislation or investigation from:

            (1) Members of the Legislative Commission and other members of the Legislature; and

            (2) Any board, commission, department or officer of the state government or any local government.

      (b) May receive recommendations and suggestions for legislation or investigation from:

            (1) Bar associations, chambers of commerce, labor unions and other organized associations and groups; and

            (2) Individual citizens.

      (c) May hold hearings on any subject or matter which is a proper subject for legislative action or which concerns governmental problems, important issues of public policy or questions of statewide interest, whenever it considers such hearings necessary or desirable in the performance of its duties or the exercise of its powers.

      Sec. 10.  NRS 439B.200 is hereby amended to read as follows:

      439B.200  1.  There is hereby established a Legislative Committee on Health Care consisting of three members of the Senate and three members of the Assembly, appointed by the Legislative Commission. The members must be appointed with appropriate regard for their experience with and knowledge of matters relating to health care.

      2.  No member of the Committee may:

      (a) Have a financial interest in a health facility in this State;

      (b) Be a member of a board of directors or trustees of a health facility in this State;

 


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ê2009 Statutes of Nevada, Page 1155 (Chapter 272, SB 371)ê

 

      (c) Hold a position with a health facility in this State in which the Legislator exercises control over any policies established for the health facility; or

      (d) Receive a salary or other compensation from a health facility in this State.

      3.  The provisions of subsection 2 do not:

      (a) Prohibit a member of the Committee from selling goods which are not unique to the provision of health care to a health facility if the member primarily sells such goods to persons who are not involved in the provision of health care.

      (b) Prohibit a member of the Legislature from serving as a member of the Committee if:

            (1) The financial interest, membership on the board of directors or trustees, position held with the health facility or salary or other compensation received would not materially affect the independence of judgment of a reasonable person; and

            (2) Serving on the Committee would not materially affect any financial interest he has in a health facility in a manner greater than that accruing to any other person who has a similar interest.

      4.  The Legislative Commission shall review and approve the budget and work program for the Committee and any changes to the budget or work program. The Legislative Commission shall select the Chairman and Vice Chairman of the Committee from among the members of the Committee. Each such officer shall hold office for a term of 2 years commencing on July 1 of each odd-numbered year. The chairmanship of the Committee must alternate each biennium between the houses of the Legislature.

      5.  Any member of the Committee who does not return to the Legislature continues to serve until the next session of the Legislature convenes.

      6.  Vacancies on the Committee must be filled in the same manner as original appointments.

      7.  The Committee shall report annually to the Legislative Commission concerning its activities and any recommendations.

      Sec. 11.  NRS 439B.210 is hereby amended to read as follows:

      439B.210  1.  [The] Except as otherwise ordered by the Legislative Commission, the members of the Committee shall meet [throughout each] not earlier than November 1 of each odd-numbered year and not later than August 31 of the following even-numbered year at the times and places specified by a call of the Chairman or a majority of the Committee. The Director of the Legislative Counsel Bureau or a person he has designated shall act as the nonvoting recording Secretary. The Committee shall prescribe regulations for its own management and government. Four members of the Committee constitute a quorum, and a quorum may exercise all the powers conferred on the Committee.

      2.  Except during a regular or special session of the Legislature, members of the Committee are entitled to receive the compensation provided for a majority of the members of the Legislature during the first 60 days of the preceding regular session for each day or portion of a day during which he attends a meeting of the Committee or is otherwise engaged in the business of the Committee plus the per diem allowance provided for state officers and employees generally and the travel expenses provided pursuant to NRS 218.2207.

 


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ê2009 Statutes of Nevada, Page 1156 (Chapter 272, SB 371)ê

 

      3.  The salaries and expenses of the Committee must be paid from the Legislative Fund.

      Sec. 12.  NRS 459.0085 is hereby amended to read as follows:

      459.0085  1.  There is hereby created a Committee on High-Level Radioactive Waste. It is a committee of the Legislature composed of:

      (a) Four members of the Senate, appointed by the Majority Leader of the Senate.

      (b) Four members of the Assembly, appointed by the Speaker.

      2.  The Legislative Commission shall review and approve the budget and work program for the Committee and any changes to the budget or work program. The Legislative Commission shall select a Chairman and a Vice Chairman from the members of the Committee.

      3.  [The] Except as otherwise ordered by the Legislative Commission, the Committee shall meet not earlier than November 1 of each odd-numbered year and not later than August 31 of the following even-numbered year at the call of the Chairman to study and evaluate:

      (a) Information and policies regarding the location in this State of a facility for the disposal of high-level radioactive waste;

      (b) Any potentially adverse effects from the construction and operation of a facility and the ways of mitigating those effects; and

      (c) Any other policies relating to the disposal of high-level radioactive waste.

      4.  The Committee shall report the results of its studies and evaluations to the Legislative Commission and the Interim Finance Committee at such times as the Legislative Commission or the Interim Finance Committee may require.

      5.  The Committee may recommend any appropriate legislation to the Legislature and the Legislative Commission.

      6.  The Director of the Legislative Counsel Bureau shall provide a Secretary for the Committee on High-Level Radioactive Waste. Except during a regular or special session of the Legislature, each member of the Committee is entitled to receive the compensation provided for a majority of the members of the Legislature during the first 60 days of the preceding regular session for each day or portion of a day during which he attends a Committee meeting or is otherwise engaged in the work of the Committee plus the per diem allowance provided for state officers and employees generally and the travel expenses provided pursuant to NRS 218.2207. Per diem allowances, salary and travel expenses of members of the Committee must be paid from the Legislative Fund.

      Sec. 13.  Section 56 of chapter 531, Statutes of Nevada 2007, at page 3302, is hereby amended to read as follows:

      Sec. 56.  1.  There is hereby created the Legislative Committee to Oversee the Western Regional Water Commission created pursuant to section 23 of this act. The Committee must:

      (a) Consist of six Legislators as follows:

            (1) One member of the Senate appointed by the Chairman of the Senate Committee on Natural Resources;

            (2) One member of the Assembly appointed by the Chairman of the Assembly Committee on Natural Resources, Agriculture, and Mining;

            (3) One member of the Senate appointed by the Majority Leader of the Senate;

 


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ê2009 Statutes of Nevada, Page 1157 (Chapter 272, SB 371)ê

 

            (4) One member of the Senate appointed by the Minority Leader of the Senate;

            (5) One member of the Assembly appointed by the Speaker of the Assembly; and

            (6) One member of the Assembly appointed by the Minority Leader of the Assembly.

      (b) Insofar as practicable, represent the various areas within the planning area.

      (c) Elect a Chairman and a Vice Chairman from among its members. The Chairman must be elected from one House of the Legislature and the Vice Chairman from the other House. After the initial selection of a Chairman and a Vice Chairman, each of those officers holds office for a term of 2 years commencing on July 1 of each odd-numbered year. If a vacancy occurs in the chairmanship or vice chairmanship, the members of the Committee shall select a replacement for the remainder of the unexpired term.

      2.  Any member of the Committee who is not a candidate for reelection or who is defeated for reelection continues to serve until the next session of the Legislature convenes.

      3.  Vacancies on the Committee must be filled in the same manner as original appointments.

      4.  [The] Except as otherwise ordered by the Legislative Commission, the members of the Committee shall meet [throughout each] not earlier than November 1 of each odd-numbered year and not later than August 31 of the following even-numbered year at the times and places specified by a call of the Chairman or a majority of the Committee.

      5.  The Legislative Commission shall review and approve the budget and work program for the Committee and any changes to the budget or work program. The Director of the Legislative Counsel Bureau or his designee shall act as the nonvoting recording Secretary.

      6.  The Committee shall prescribe regulations for its own management and government.

      7.  Except as otherwise provided in subsection 8, four members of the Committee constitute a quorum, and a quorum may exercise all the powers conferred on the Committee.

      8.  Any recommended legislation proposed by the Committee must be approved by a majority of the members of the Senate and by a majority of the members of the Assembly appointed to the Committee.

      9.  Except during a regular or special session of the Legislature, the members of the Committee are entitled to receive the compensation provided for a majority of the members of the Legislature during the first 60 days of the preceding regular session, the per diem allowance provided for state officers and employees generally and the travel expenses provided pursuant to NRS 218.2207 for each day or portion of a day of attendance at a meeting of the Committee and while engaged in the business of the Committee. The salaries and expenses paid pursuant to this subsection and the expenses of the Committee must be paid from the Legislative Fund.

 


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ê2009 Statutes of Nevada, Page 1158 (Chapter 272, SB 371)ê

 

      10.  The Committee shall review the programs and activities of the Western Regional Water Commission. The review must include an analysis of potential consolidation of the retail distribution systems and facilities of all public purveyors in the planning area, which is described in section 22 of this act.

      11.  The Committee may:

      (a) Conduct investigations and hold hearings in connection with its powers pursuant to this section.

      (b) Direct the Legislative Counsel Bureau to assist in the study of issues related to oversight of the Western Regional Water Commission.

      12.  In conducting the investigations and hearings of the Committee:

      (a) The Secretary of the Committee or, in his absence, any member of the Committee may administer oaths.

      (b) The Secretary or Chairman of the Committee may cause the deposition of witnesses, residing either within or outside of the State, to be taken in the manner prescribed by rule of court for taking depositions in civil actions in the district courts.

      (c) The Chairman of the Committee may issue subpoenas to compel the attendance of witnesses and the production of books and papers.

      13.  If any witness refuses to attend or testify or produce any books and papers as required by the subpoena issued pursuant to this section, the Chairman of the Committee may report to the district court by petition, setting forth that:

      (a) Due notice has been given of the time and place of attendance of the witness or the production of the books and papers;

      (b) The witness has been subpoenaed by the Committee pursuant to this section; and

      (c) The witness has failed or refused to attend or produce the books and papers required by the subpoena before the Committee which is named in the subpoena, or has refused to answer questions propounded to him,

Ê and asking for an order of the court compelling the witness to attend and testify or produce the books and papers before the Committee.

      14.  Upon a petition pursuant to subsection 13, the court shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days after the date of the order, and to show cause why he has not attended or testified or produced the books or papers before the Committee. A certified copy of the order must be served upon the witness.

      15.  If it appears to the court that the subpoena was regularly issued by the Committee, the court shall enter an order that the witness appear before the Committee at the time and place fixed in the order and testify or produce the required books or papers. Failure to obey the order constitutes contempt of court.

      16.  Each witness who appears before the Committee by its order, except a state officer or employee, is entitled to receive for his attendance the fees and mileage provided for witnesses in civil cases in the courts of record of this State.

 


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ê2009 Statutes of Nevada, Page 1159 (Chapter 272, SB 371)ê

 

in the courts of record of this State. The fees and mileage must be audited and paid upon the presentation of proper claims sworn to by the witness and approved by the Secretary and Chairman of the Committee.

      17.  On or before January 15 of each odd-numbered year, the Committee shall submit to the Director of the Legislative Counsel Bureau for transmittal to the Legislature a report concerning the review conducted pursuant to subsection 10 and any recommendations for legislation.

      Sec. 14.  1.  This act becomes effective upon passage and approval.

      2.  Section 13 of this act expires by limitation on July 1, 2013.

________

 

CHAPTER 273, SB 408

Senate Bill No. 408–Committee on Finance

 

CHAPTER 273

 

AN ACT relating to the Nevada National Guard; authorizing payments from the Patriot Relief Account in the State General Fund to certain members of the Nevada National Guard who return from deployment in a combat zone and attend a course on reintegration into the community; revising provisions governing the retention of interest and income earned on the money in the Account; and providing other matters properly relating thereto.

 

[Approved: May 28, 2009]

 

Legislative Counsel’s Digest:

      Existing law authorizes the payment of various benefits to members of the Nevada National Guard from the Patriot Relief Account in the State General Fund. (NRS 412.1435) This bill authorizes payment from the Account of $100 to a member of the Nevada National Guard who: (1) returns from deployment in a combat zone; (2) was on active service for 45 days or more in full-time National Guard duty; and (3) not more than 90 days after returning from deployment in the combat zone, attends a course on reintegration into the community with his spouse, an adult member of his immediate family or an adult with whom he cohabits.

      This bill also provides that the interest and income on any unexpended appropriations made to the Patriot Relief Account must be credited to the Account.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 412.1435 is hereby amended to read as follows:

      412.1435  1.  The Patriot Relief Account is hereby created as a special account in the State General Fund.

      2.  The money in the Patriot Relief Account does not lapse to the State General Fund at the end of any fiscal year. The interest and income earned on the sum of:

      (a) The money in the Patriot Relief Account, after deducting any applicable charges [,] ; and

      (b) Unexpended appropriations made to the Patriot Relief Account from the State General Fund,

 


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ê2009 Statutes of Nevada, Page 1160 (Chapter 273, SB 408)ê

 

Ê must be credited to the Account. All claims against the Patriot Relief Account must be paid as other claims against the State are paid.

      3.  The Office may accept gifts, grants and donations from any source for deposit in the Patriot Relief Account.

      4.  The money in the Patriot Relief Account may only be used to provide:

      (a) Reimbursement to [members] a member of the Nevada National Guard for the cost of:

            (1) Premiums on a policy of group life insurance purchased pursuant to the provisions of 38 U.S.C. §§ 1965 et seq.; and

            (2) Textbooks required for a course of study in which the member is enrolled at an institution within the Nevada System of Higher Education; [and]

      (b) Monetary relief from economic hardships experienced by [members] a member of the Nevada National Guard who [have] has been called into active service [.] ; and

      (c) A payment of $100 to a member of the Nevada National Guard who:

            (1) Returns from deployment in a combat zone;

            (2) Was on active service for 45 days or more in full-time National Guard duty, as defined in 10 U.S.C. § 101(d)(5); and

            (3) Not more than 90 days after returning from deployment in the combat zone, attends a course on reintegration into the community with his spouse, an adult member of his immediate family or an adult with whom he cohabits.

      5.  The Adjutant General shall adopt any regulations necessary to determine eligibility for reimbursement or monetary relief from the Patriot Relief Account and to carry out a program to provide such reimbursement and monetary relief.

      6.  As used in this section:

      (a) “Combat zone” means any area which the President of the United States has designated by executive order as an area in which the Armed Forces of the United States are engaged in combat.

      (b) “Course on reintegration into the community” means a class designed to provide a member of the Nevada National Guard who is returning from deployment in a combat zone with skills and training to enable him more easily to adapt to life outside of the combat zone.

      Sec. 2.  This act becomes effective on July 1, 2009.

________

 


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ê2009 Statutes of Nevada, Page 1161ê

 

CHAPTER 274, SB 409

Senate Bill No. 409–Committee on Finance

 

CHAPTER 274

 

AN ACT relating to transportation; authorizing on-line bidding on contracts for the construction, improvement and maintenance of highways; and providing other matters properly relating thereto.

 

[Approved: May 28, 2009]

 

Legislative Counsel’s Digest:

      Under existing law, bids on contracts for the construction, improvement and maintenance of highways must be submitted under sealed cover and received at a physical address. (NRS 408.343) This bill authorizes such bids to be submitted on-line.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 408.337 is hereby amended to read as follows:

      408.337  Except as otherwise provided in NRS 408.3875 to 408.3887, inclusive:

      1.  All bids must be accompanied by an undertaking executed by a corporate surety authorized to do business in the State, or by cash or a certified check in an amount equal to at least 5 percent of the amount bid. Such undertaking, cash or check furnished to accompany a bid submitted on-line pursuant to NRS 408.343 must be furnished in accordance with the procedures set forth by the Director.

      2.  If the successful bidder fails to execute the contract in accordance with his bid and give any bond required by law and the contract and bond are not postmarked or delivered to the Department within 20 days after award of the contract, the undertaking, cash or certified check is forfeited and the proceeds must be paid into the State Highway Fund.

      3.  The failure of the successful bidder to furnish any bond required of him by law within the time fixed for his execution of the contract constitutes a failure to execute the contract.

      4.  If the Director deems it is for the best interests of the State, he may, on refusal or failure of the successful bidder to execute the contract, award it to the second lowest responsible bidder. If the second lowest responsible bidder fails or refuses to execute the contract, the Director may likewise award it to the third lowest responsible bidder. On the failure or refusal to execute the contract of the second or third lowest bidder to whom a contract is so awarded, their bidder’s security is likewise forfeited to the State.

      5.  The bidder’s security of the second and third lowest responsible bidders may be withheld by the Department until the contract has been finally executed and the bond given as required under the provisions of the contract, at which time the security must be returned. The bidder’s security submitted by all other unsuccessful bidders must be returned to them within 10 days after the contract is awarded.

 


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ê2009 Statutes of Nevada, Page 1162 (Chapter 274, SB 409)ê

 

      Sec. 2.  NRS 408.343 is hereby amended to read as follows:

      408.343  1.  Except as otherwise provided in NRS 408.3875 to 408.3887, inclusive:

      [1.] (a) All bids must be submitted [under] :

            (1) Under sealed cover and received at the address in Nevada stated in the advertisement for bids and must be opened publicly and read at the time stated in the advertisement [.] ; or

            (2) Pursuant to the process of on-line bidding established by the Director.

      [2.] (b) No bids may be received after the time stated in the advertisement even though bids are not opened exactly at the time stated in the advertisement. No bid , whether submitted in accordance with subparagraph (1) or (2) of paragraph (a), may be opened before that time.

      [3.] (c) Any bid may be withdrawn by request at any time before the time stated in the advertisement . [only by written request or telegram] The withdrawal must be filed with the Director and executed by the bidder or his duly authorized representative. The withdrawal may be filed electronically. The withdrawal of a bid does not prejudice the right of the bidder to file a new bid before the time stated in the advertisement.

      [4.] (d) The Department may reject any bid or all bids if, in the opinion of the Department, the bids are unbalanced, incomplete, contain irregularities of any kind or for any good cause.

      [5.] (e) Until the final award of the contract, the Department may reject or accept any bids and may waive technical errors contained in the bids, as may be deemed best for the interests of the State.

      [6.] (f) In awarding a contract, the Department shall make the award to the lowest responsible bidder who has qualified and submitted his bid in accordance with the provisions of this chapter.

      2.  The Director may adopt regulations to carry out the provisions of this section.

      3.  As used in this section, “on-line bidding” means a process:

      (a) That is established by the Director; and

      (b) By which bidders submit proposals or bids for contracts on a secure website on the Internet or its successor, if any, which is established and maintained by the Department for that purpose.

      Sec. 3.  This act becomes effective on July 1, 2009.

________

 


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ê2009 Statutes of Nevada, Page 1163ê

 

CHAPTER 275, SB 414

Senate Bill No. 414–Committee on Finance

 

CHAPTER 275

 

AN ACT relating to the Department of Information Technology; eliminating the Planning and Research Unit within the Planning and Programming Division of the Department; changing the name of the Planning and Programming Division to the Programming Division; requiring the Director of the Department to assume the duties of the Unit to develop certain policies, standards, guidelines and procedures regarding information systems; and providing other matters properly relating thereto.

 

[Approved: May 28, 2009]

 

Legislative Counsel’s Digest:

      Existing law creates the Planning and Research Unit within the Planning and Programming Division of the Department of Information Technology. (NRS 242.080) Section 1 of this bill eliminates the Planning and Research Unit and changes the name of the Planning and Programming Division to the Programming Division. Section 2 of this bill requires the Director of the Department to assume the duties of the Planning and Research Unit to: (1) develop policies and standards for the information systems of the Executive Branch of Government; (2) coordinate the development of a biennial state plan for the information systems of the Executive Branch of Government; (3) develop guidelines to assist state agencies in the development of short- and long-term plans for their information systems; and (4) develop guidelines and procedures for the procurement and maintenance of the information systems of the Executive Branch of Government. (NRS 242.115)

 

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 242.115 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] the Director 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;

 


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ê2009 Statutes of Nevada, Page 1164 (Chapter 275, SB 414)ê

 

      (c) Develop guidelines to assist state agencies in the development of short- and long-term plans for their information systems; and

      (d) Develop guidelines and procedures for the procurement and maintenance of the information systems of the Executive Branch of Government . [; 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. 3.  This act becomes effective on July 1, 2009.

________

 

CHAPTER 276, SB 421

Senate Bill No. 421–Committee on Finance

 

CHAPTER 276

 

AN ACT relating to state personnel; temporarily suspending the semiannual payment of longevity pay and merit pay increases for state employees; and providing other matters properly relating thereto.

 

[Approved: May 28, 2009]

 

Legislative Counsel’s Digest:

      Existing law provides for a plan to encourage continuity of service in State Government, under which semiannual payments are made to state employees rated standard or better with 8 years or more of continuous service, commonly known as “longevity pay.” (NRS 284.177) Existing law also provides for state employees who are rated standard or better and have not attained the top step of their grade to receive a merit pay increase annually. (NRS 284.175, 284.335; NAC 284.194) This bill suspends those semiannual payments and merit pay increases for the next 2 fiscal years.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  The four semiannual payments to which a state employee would otherwise be entitled pursuant to NRS 284.177 must not be made during the period beginning on July 1, 2009, and ending on June 30, 2011. For the purposes of payments made pursuant to NRS 284.177 on or after July 1, 2011, any service during that 2-year period must be considered in determining the length of continuous service of an employee, but an employee is not entitled to semiannual payments that would otherwise have been made during the period during which the semiannual payments are suspended.

      2.  No merit pay increases to which a state employee would otherwise be entitled pursuant to chapter 284 of NRS and the regulations adopted pursuant thereto may be granted during the period beginning on July 1, 2009, and ending on June 30, 2011.

 


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ê2009 Statutes of Nevada, Page 1165 (Chapter 276, SB 421)ê

 

and ending on June 30, 2011. For the purposes of merit pay increases granted on or after July 1, 2011, an employee is not entitled to any increases that would otherwise have been granted during that period.

      Sec. 2.  This act becomes effective on July 1, 2009.

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CHAPTER 277, SB 428

Senate Bill No. 428–Committee on Finance

 

CHAPTER 277

 

AN ACT relating to state financial administration; revising provisions governing the payments of administrative costs of the Millennium Scholarship Trust Fund; revising the use of money collected from the enforcement of provisions relating to securities; and providing other matters properly relating thereto.

 

[Approved: May 28, 2009]

 

Legislative Counsel’s Digest:

      Existing law provides that not more than 3 percent of the anticipated annual revenue to the State of Nevada from the tobacco settlement agreement that is anticipated for deposit in the Millennium Scholarship Trust Fund may be used to pay the costs of administering the Trust Fund. (NRS 396.926) Section 1 of this bill authorizes those costs to be paid instead from the Endowment Account within the Nevada College Savings Trust Fund.

      Existing law creates the Revolving Account for Investigation, Enforcement and Education into which money received from the enforcement of provisions related to securities is deposited. (NRS 90.851) Section 2 of this bill instead provides for that money to be deposited in the Secretary of State’s Operating General Fund Budget Account. Section 3 of this bill provides for the transfer of money remaining in the Revolving Account into the Secretary of State’s Operating General Fund Budget Account and the State General Fund.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 353B.350 is hereby amended to read as follows:

      353B.350  1.  The Trust Fund must be administered by the State Treasurer.

      2.  The State Treasurer shall establish such accounts within the Trust Fund as he determines necessary, including, without limitation, a Program Account, an Administrative Account and an Endowment Account.

      3.  The Program Account must be used for the receipt, investment and disbursement of money pursuant to savings trust agreements.

      4.  The Administrative Account must be used for the deposit and disbursement of money to administer and market the Nevada College Savings Program and to supplement the administration and marketing of the Nevada Higher Education Prepaid Tuition Program set forth in NRS 353B.010 to 353B.190, inclusive.

 


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ê2009 Statutes of Nevada, Page 1166 (Chapter 277, SB 428)ê

 

      5.  The Endowment Account must be used for the deposit of any money received by the Trust Fund that is not received pursuant to a savings trust agreement and, in the determination of the State Treasurer, is not necessary for the use of the Administrative Account. The money in the Endowment Account may be expended [for] :

      (a) For any purpose related to the Nevada College Savings Program ;

      (b) To pay the costs of administering the Governor Guinn Millennium Scholarship Program created pursuant to NRS 396.926, but such costs must not exceed an amount equal to 3 percent of the anticipated annual revenue to the State of Nevada from the settlement agreements with and civil actions against manufacturers of tobacco products anticipated for deposit in the Trust Fund; or [otherwise to assist]

      (c) In any other manner which assists the residents of this state to attain postsecondary education.

      Sec. 2.  NRS 90.851 is hereby amended to read as follows:

      90.851  1.  [The Revolving Account for Investigation, Enforcement and Education is hereby created as a special account in the State General Fund.] All money received by the Administrator as the result of an action for the enforcement of the provisions of this chapter must be deposited in the State General Fund for credit to the Secretary of State’s Operating General Fund Budget Account.

      2.  The Division shall use the money deposited in the Account pursuant to this section to pay the expenses involved in:

      (a) Investigations of the Division involving securities;

      (b) Actions to enforce the provisions of this chapter; and

      (c) Providing educational programs for the public which are related to the operations of the Division.

      3.  The money deposited in the Account pursuant to this section is restricted to the uses specified, and the unexpended balance of the money in the Account [must] may be carried forward at the end of each fiscal year.

      [4.  Expenses may be advanced from the Account by the Administrator.]

      Sec. 3.  Notwithstanding any other provision of law to the contrary, on or before June 30, 2009, the State Controller shall transfer from the Revolving Account for Investigation, Enforcement and Education created by NRS 90.851 to:

      1.  The Secretary of State’s Operating General Fund Budget Account the sum of $942,006 to cover a shortfall in revenue during Fiscal Year 2008-2009.

      2.  The State General Fund the sum of $763,994 for unrestricted use.

      Sec. 4.  1.  This section and section 3 of this act become effective upon passage and approval.

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

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ê2009 Statutes of Nevada, Page 1167ê

 

CHAPTER 278, AB 80

Assembly Bill No. 80–Committee on Health and Human Services

 

CHAPTER 278

 

AN ACT relating to excavations; setting forth the duties of an operator of a sewer main with respect to a sewer service lateral connected to that sewer main; revising provisions relating to the operators of subsurface installations; and providing other matters properly relating thereto.

 

[Approved: May 28, 2009]

 

Legislative Counsel’s Digest:

      Section 4 of this bill sets forth the duties and rights of an operator of a sewer main with respect to a sewer service lateral connected to that sewer main when he is notified of a proposed excavation or demolition by an association for operators. Section 4 also authorizes an operator of a sewer main, which may be a local government, to require the person responsible for the excavation or demolition to reimburse any costs incurred by the operator to locate and identify the connection. Section 15.5 of this bill provides that on and after January 1, 2011, certain operators are prohibited from obtaining reimbursement of such costs.

      Section 6 of this bill requires the operator of a sewer main to maintain certain information relating to the locations of connections of sewer service laterals to the sewer main.

      Section 7 of this bill establishes limitations on the duties and responsibilities of an operator of a sewer main with respect to a connection of a sewer service lateral to the sewer main.

      Section 12 of this bill sets forth the duties of a person who connects a sewer service lateral to a sewer main. (NRS 455.131)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 455 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.

      Sec. 2.  “Sewer main” means a sewer line with a diameter that exceeds 6 inches.

      Sec. 3.  “Sewer service lateral” means a pipe or conduit that connects a building or other property to a sewer main.

      Sec. 4.  If an operator of a sewer main receives notice through an association for operators pursuant to paragraph (a) of subsection 1 of NRS 455.110:

      1.  For a proposed excavation or demolition, the operator of the sewer main shall provide the person responsible for the excavation or demolition with the operator’s best available information regarding the location of the connection of the sewer service lateral to the sewer main. The operator shall convey the information to the person responsible for the excavation or demolition in such manner as is determined by the operator which may include any one or more of the following methods, without limitation:

      (a) Identification of the location of the connection of the sewer service lateral to the sewer main;

      (b) Providing copies of documents relating to the location of the sewer service lateral within 2 working days; or

 


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ê2009 Statutes of Nevada, Page 1168 (Chapter 278, AB 80)ê

 

      (c) Placement of a triangular green marking along the sewer main or the edge of the public right-of-way, pointing toward the real property serviced by the sewer service lateral to indicate that the location of the sewer service lateral is unknown.

      2.  The operator of a sewer main shall make its best efforts to comply with paragraph (a) or (c) of subsection 1 within 2 working days. If an operator of a sewer main cannot complete the requirements of paragraph (a) or (c) of subsection 1 within 2 working days, then the operator and the person responsible for the excavation or demolition must mutually agree upon a reasonable amount of time within which the operator must comply.

      3.  A government, governmental agency or political subdivision of a government that operates a sewer main may charge a person responsible for excavation or demolition in a public right-of-way for complying with this section in an amount that does not exceed the actual costs for the operator for compliance with this section. Costs assessed pursuant to this subsection are not subject to the provisions of NRS 354.59881 to 354.59889, inclusive.

      4.  If the operator of a sewer main has received the information required pursuant to NRS 455.131 or has otherwise identified the location of the sewer service lateral in the public right-of-way, then the operator of the sewer main shall be responsible thereafter to identify the location of the sewer service lateral from that information.

      Sec. 5.  (Deleted by amendment.)

      Sec. 6.  An operator of a sewer main shall maintain all information relating to the locations of connections of sewer service laterals to the sewer main:

      1.  Developed by the operator pursuant to section 4 of this act; or

      2.  Provided to the operator pursuant to subsection 2 of NRS 455.131.

      Sec. 7.  An operator of a sewer main who is not otherwise required by law to be responsible for the maintenance, operation, ownership or repair of a sewer service lateral that connects to the sewer main does not assume any further duty with respect to a sewer service lateral pursuant to this chapter nor become responsible for the maintenance, operation, ownership or repair of the sewer service lateral that connects to the sewer main solely because the operator complied with the provisions of NRS 455.080 to 455.180, inclusive, and sections 2 to 7, inclusive, of this act.

      Sec. 8.  NRS 455.080 is hereby amended to read as follows:

      455.080  As used in NRS 455.080 to 455.180, inclusive, and sections 2 to 7, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 455.082 to 455.105, inclusive, and sections 2 and 3 of this act have the meanings ascribed to them in those sections.

      Sec. 9.  NRS 455.092 is hereby amended to read as follows:

      455.092  “Excavation” means the movement or removal of earth, rock or other material in or on the ground by use of mechanical equipment or by the placement and discharge of explosives. The term includes augering, backfilling, boring, digging, ditching, drilling, grading, plowing-in, ripping, scraping, trenching and tunneling.

      Sec. 10.  NRS 455.107 is hereby amended to read as follows:

      455.107  1.  Except as otherwise provided in subsection 2, possession of a permit to conduct an excavation or demolition does not exempt a person from complying with the provisions of NRS 455.080 to 455.180, inclusive [.] , and sections 2 to 7, inclusive, of this act.

 


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ê2009 Statutes of Nevada, Page 1169 (Chapter 278, AB 80)ê

 

      2.  A person is exempt from complying with the provisions of NRS 455.080 to 455.180, inclusive, and sections 2 to 7, inclusive, of this act, if he obtains the written consent of all operators involved in the proposed excavation or demolition before he receives a permit to conduct the excavation or demolition.

      Sec. 11.  NRS 455.130 is hereby amended to read as follows:

      455.130  1.  Except in an emergency or as otherwise provided in subsection 2 [,] or section 4 of this act, if an operator receives notice through an association for operators pursuant to paragraph (a) of subsection 1 of NRS 455.110, the operator shall:

      (a) Locate and identify the subsurface installations and, if known, the number of subsurface installations that are affected by the proposed excavation or demolition to the extent and to the degree of accuracy that the information is available in the records of the operator or can be determined by using techniques of location that are commonly used in the industry, except excavating, within 2 working days or within a time mutually agreed upon by the operator and the person who is responsible for the excavation or demolition;

      (b) Remove or protect a subsurface installation as soon as practicable if the operator decides it should be removed or protected; and

      (c) Advise the person who contacted the association for operators of the location of the subsurface installations of the operator that are affected by the proposed excavation or demolition.

      2.  The operator shall notify the person who contacted the association for operators if the operator has no subsurface installations that are affected by the proposed excavation or demolition.

      Sec. 12.  NRS 455.131 is hereby amended to read as follows:

      455.131  1.  [An] Except as otherwise provided in subsection 2, an operator shall, for each subsurface installation that is installed on or after October 1, 2005, which cannot be detected from or above the surface of the ground by means of either the material used in constructing the subsurface installation or a conductor within the subsurface installation, install a permanent device which designates or provides a means of detecting a subsurface installation through the use of a noninvasive method from or above the surface of the ground. Such a device includes, without limitation, a tracer wire or a marker.

      2.  A person who connects a sewer service lateral to a sewer main shall, at the option of the operator of the sewer main:

      (a) Install a permanent device as described in subsection 1 of a type designated by the operator of the sewer main at the connection of the sewer service lateral to the sewer main and where the sewer service lateral exits the public right-of-way and promptly provide the operator of the sewer main with the location of such permanent devices;

      (b) Promptly provide the operator of the sewer main with the location of the connection of the sewer service lateral to the sewer main and where the sewer service lateral exits the public right-of-way as described by global positioning system coordinates which:

            (1) Are either identified by latitude and longitude using decimal degrees or are identified using coordinates of the Universal Transverse Mercator system; and

 


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ê2009 Statutes of Nevada, Page 1170 (Chapter 278, AB 80)ê

 

            (2) Specify for each coordinate whether the North American Datum of 1927, North American Datum of 1983 or the World Geodetic System 1984 was used; or

      (c) Provide to the operator of the sewer main notification of when the sewer service lateral is exposed so that the operator of the sewer main can identify the location of the sewer service lateral.

      3.  As used in this section:

      (a) “Above ground marker” is a marker which is installed flush with the surface of the ground or which protrudes above the surface of the ground above a subsurface installation and includes information concerning the subsurface installation.

      (b) “Electronic marker” is a marker which is buried at various depths below or near the surface of the ground above a subsurface installation and which contains a passive antenna that:

            (1) Can be identified with detection equipment; and

            (2) Does not require an internal power source.

      (c) “Marker” is a device that physically designates the location of a subsurface installation at intermittent locations along or above the subsurface installation and includes, without limitation, an above ground marker or electronic marker.

      (d) “Tracer wire” is a locating wire which is installed in conjunction with a subsurface installation and is connected to a transmitter that carries a signal which is read by a receiver above the surface of the ground for the detection of the location of the subsurface installation.

      Sec. 13.  NRS 455.150 is hereby amended to read as follows:

      455.150  Any person who substantially complies with the provisions of NRS 455.080 to 455.180, inclusive, and sections 2 to 7, inclusive, of this act is not liable for the cost of repairing any damage to a subsurface installation which results from his excavation or demolition.

      Sec. 14.  NRS 455.170 is hereby amended to read as follows:

      455.170  1.  An action for the enforcement of a civil penalty pursuant to this section may be brought before the Public Utilities Commission of Nevada by the Attorney General, a district attorney, a city attorney, the Regulatory Operations Staff of the Public Utilities Commission of Nevada, the governmental agency that issued the permit to conduct an excavation or demolition, an operator or a person conducting an excavation or demolition.

      2.  Any person who willfully or repeatedly violates a provision of NRS 455.080 to 455.180, inclusive, and sections 2 to 7, inclusive, of this act is liable for a civil penalty:

      (a) Not to exceed $1,000 per day for each violation; and

      (b) Not to exceed $100,000 for any related series of violations within a calendar year.

      3.  Any person who negligently violates any such provision is liable for a civil penalty:

      (a) Not to exceed $200 per day for each violation; and

      (b) Not to exceed $1,000 for any related series of violations within a calendar year.

      4.  The amount of any civil penalty imposed pursuant to this section and the propriety of any settlement or compromise concerning a penalty must be determined by the Public Utilities Commission of Nevada upon receipt of a complaint by the Attorney General, the Regulatory Operations Staff of the Public Utilities Commission of Nevada, a district attorney, a city attorney, the agency that issued the permit to excavate or the operator or the person responsible for the excavation or demolition.

 


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ê2009 Statutes of Nevada, Page 1171 (Chapter 278, AB 80)ê

 

the agency that issued the permit to excavate or the operator or the person responsible for the excavation or demolition.

      5.  In determining the amount of the penalty or the amount agreed upon in a settlement or compromise, the Public Utilities Commission of Nevada shall consider:

      (a) The gravity of the violation;

      (b) The good faith of the person charged with the violation in attempting to comply with the provisions of NRS 455.080 to 455.180, inclusive, and sections 2 to 7, inclusive, of this act before and after notification of a violation; and

      (c) Any history of previous violations of those provisions by the person charged with the violation.

      6.  A civil penalty recovered pursuant to this section must first be paid to reimburse the person who initiated the action for any cost incurred in prosecuting the matter.

      7.  Any person aggrieved by a determination of the Public Utilities Commission of Nevada pursuant to this section may seek judicial review of the determination in the manner provided by NRS 703.373.

      Sec. 15.  NRS 455.180 is hereby amended to read as follows:

      455.180  The provisions of NRS 455.080 to 455.170, inclusive, and sections 2 to 7, inclusive, of this act do not affect any civil remedies provided by law for personal injury or property damage and do not create a new civil remedy for any personal injury or property damage.

      Sec. 15.5.  Section 4 of this act is hereby amended to read as follows:

      Sec. 4.  If an operator of a sewer main receives notice through an association for operators pursuant to paragraph (a) of subsection 1 of NRS 455.110:

      1.  For a proposed excavation or demolition, the operator of the sewer main shall provide the person responsible for the excavation or demolition with the operator’s best available information regarding the location of the connection of the sewer service lateral to the sewer main. The operator shall convey the information to the person responsible for the excavation or demolition in such manner as is determined by the operator which may include any one or more of the following methods, without limitation:

      (a) Identification of the location of the connection of the sewer service lateral to the sewer main;

      (b) Providing copies of documents relating to the location of the sewer service lateral within 2 working days; or

      (c) Placement of a triangular green marking along the sewer main or the edge of the public right-of-way, pointing toward the real property serviced by the sewer service lateral to indicate that the location of the sewer service lateral is unknown.

      2.  The operator of a sewer main shall make its best efforts to comply with paragraph (a) or (c) of subsection 1 within 2 working days. If an operator of a sewer main cannot complete the requirements of paragraph (a) or (c) of subsection 1 within 2 working days, then the operator and the person responsible for the excavation or demolition must mutually agree upon a reasonable amount of time within which the operator must comply.

      3.  A government, governmental agency or political subdivision of a government that operates a sewer main :

 


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ê2009 Statutes of Nevada, Page 1172 (Chapter 278, AB 80)ê

 

      (a) Except as otherwise provided in subsection 4, in a county with a population of 40,000 or more may not charge a person responsible for excavation or demolition in a public right-of-way for complying with this section.

      (b) In a county with a population of less than 40,000 may charge a person responsible for excavation or demolition in a public right-of-way for complying with this section in an amount that does not exceed the actual costs for the operator for compliance with this section. Costs assessed pursuant to this [subsection] paragraph are not subject to the provisions of NRS 354.59881 to 354.59889, inclusive.

      4.  A government, governmental agency or political subdivision that operates a sewer main in a county with a population of 40,000 or more may charge a person responsible for excavation or demolition in a public right-of-way for complying with this section in an amount that does not exceed the actual costs for the operator for compliance with this section if:

      (a) The sewer system of the operator services not more than 260 accounts; and

      (b) There is no natural gas pipeline located within the service area of the operator of the sewer main,

Ê costs assessed pursuant to this subsection are not subject to the provisions of NRS 354.59881 to 354.59889, inclusive.

      5.  If the operator of a sewer main has received the information required pursuant to NRS 455.131 or has otherwise identified the location of the sewer service lateral in the public right-of-way, then the operator of the sewer main shall be responsible thereafter to identify the location of the sewer service lateral from that information.

      Sec. 16.  1.  On or before December 31, 2010, each operator of a sewer main shall submit a report to the Director of the Legislative Counsel Bureau for transmission to the 76th Session of the Nevada Legislature which provides:

      (a) The number of sewer service lateral connections that the operator of the sewer main has identified between October 1, 2009, and September 30, 2010;

      (b) The method that the operator of the sewer main used to locate such sewer service lateral connections; and

      (c) The costs accrued by the operator of the sewer main to locate such sewer service lateral connections.

      2.  As used in this section:

      (a) “Operator” has the meaning ascribed to it in NRS 455.096.

      (b) “Sewer main” has the meaning ascribed to it in section 2 of this act.

      (c) “Sewer service lateral” has the meaning ascribed to it in section 3 of this act.

      Sec. 17.  The provisions of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.

      Sec. 18.  1.  This section and sections 1 to 15, inclusive, 16 and 17 of this act become effective on October 1, 2009.

      2.  Section 15.5 of this act becomes effective on January 1, 2011.

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ê2009 Statutes of Nevada, Page 1173ê

 

CHAPTER 279, AB 87

Assembly Bill No. 87–Committee on Government Affairs

 

CHAPTER 279

 

AN ACT relating to state administration; revising the provisions governing the collection of certain debts owed to state agencies; establishing certain presumptions applicable to certain civil actions against employers who fail to provide mandatory industrial insurance or coverage for occupational disease; and providing other matters properly relating thereto.

 

[Approved: May 28, 2009]

 

Legislative Counsel’s Digest:

      Existing law provides that, unless a specific statute provides for the collection of a debt owed to an agency of the Executive Branch of State Government, the collection of the debt is governed by the provisions of chapter 353C of NRS. (NRS 353C.090) Under existing law, an agency may engage in its own collection efforts using the procedures and remedies established by chapter 353C of NRS or the agency may request the State Controller to act as its collection agent for that purpose. (NRS 353C.195) Section 17 of this bill requires the State Controller to act as the collection agent for all agencies which do not have specific statutes concerning their debt collection or which have not obtained a waiver from the State Controller authorizing the agency to engage in its own collection efforts. Accordingly, section 17 also requires all such agencies to assign their debts to the State Controller for collection within 60 days after the debt becomes past due or such other time agreed upon by the agency and the State Controller, unless the debtor has administratively contested the existence or amount of the debt. Finally, section 17 authorizes an agency that has specific statutory authority to engage in its own collection efforts to assign a debt to the State Controller for collection or to exercise in its own debt collection efforts the additional rights and remedies conferred on the State Controller to collect debts. (NRS 353C.195) Section 11 of this bill increases the threshold amount of debt for which the costs and fees actually incurred to collect the debt may be collected from $200 to $300, requires the payment of a fee to the State Controller and increases the limitation on the total amount of such costs and fees to an amount not to exceed 35 percent of the debt or $50,000, whichever is less. Sections 10, 12-16 and 18-20 of this bill make technical changes to substitute the State Controller as the person authorized to undertake the collection of debts owed to an agency using the procedures and remedies provided under existing law. (NRS 353C.130, 353C.140, 353C.150, 353C.160, 353C.180, 353C.190, 353C.200, 353C.210, 353C.220)

      Sections 2-6 of this bill establish new procedures, rights and remedies in connection with the collection of debts owed to agencies. Section 2 authorizes, with certain exceptions, an agency to refuse to conduct business with a person who has an unpaid debt to the State and also authorizes the State Controller to refuse to make a payment to such a debtor. Section 4 authorizes the State Controller to appoint a private debt collector or other person as his agent to obtain a summary judgment against a debtor and to record that judgment or to file a certificate of liability with a county recorder. Section 5 authorizes the State Controller, with the approval of the agency to which the debt is owed, to accept the payment of a portion of a debt as satisfaction of the full amount of the debt if the State Controller believes that doing so is likely to generate more net revenue for the State than continuing his efforts to collect the full amount of the debt. Section 6 authorizes the State Controller to sell a debt that is no longer collectible in a suit by the Attorney General because of the expiration of the statute of limitations applicable to such a suit.

 


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ê2009 Statutes of Nevada, Page 1174 (Chapter 279, AB 87)ê

 

      Section 7 of this bill specifies the disposition of any money collected by the State Controller on behalf of an agency minus any fees owed to and costs incurred or fees paid by the State Controller to collect any debt that has been assigned to him for collection by the agency and any interest paid by a debtor under an agreement with the State Controller for the payment of the debt on an installment basis. Section 7.3 of this bill creates the Debt Recovery Account in the State General Fund and limits the use of the money in the Account to support of the debt collection efforts of the State Controller. Sections 8, 9 and 22 of this bill revise certain rulemaking authority relating to the collection of debts. (NRS 353C.110, 353C.120)

      Under existing law, an employer who fails to maintain mandatory industrial insurance coverage and mandatory coverage for occupational disease for an employee is liable to the Division of Industrial Relations of the Department of Business and Industry for any costs incurred by the Division to compensate the employee if he is injured or contracts an occupational disease that arises out of and in the course of his employment. (NRS 616C.220, 617.401) Sections 21.3 and 21.7 of this bill create a presumption that in any suit brought against such an employer to recover those costs, the Division’s payments were: (1) justified by the circumstances of the claim; (2) reasonable and necessary; and (3) made in accordance with applicable law. Sections 21.3 and 21.7 also authorize the State Controller to bring suit in his own name to collect debts arising under those sections if the Division assigns the debts to him for collection.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 353C of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7.3, inclusive, of this act.

      Sec. 2.  1.  Except as otherwise provided in this section, an agency may refuse to conduct a transaction with, and the State Controller may refuse to draw his warrant in favor of, a person who owes a debt to an agency until the debt is paid or the debtor enters into an agreement, pursuant to NRS 353C.130, for the payment of the debt on an installment basis.

      2.  An agency may not refuse to conduct a transaction with, and the State Controller may not refuse to draw his warrant in favor of, a debtor if:

      (a) The refusal violates or is prohibited by a state or federal law or court order;

      (b) The refusal violates a term or condition of a grant, contract or other agreement that the agency administers or to which the agency is a party; or

      (c) The State Controller determines that the refusal is inequitable.

      Sec. 3.  (Deleted by amendment.)

      Sec. 4.  1.  Notwithstanding any specific statute to the contrary, if an agency has assigned a debt to the State Controller for collection pursuant to NRS 353C.195, the State Controller may:

      (a) Appoint a private debt collector or any other person as his agent to:

            (1) File an application for the entry of summary judgment against the debtor pursuant to NRS 353C.150; or

            (2) Record a certificate of liability against the debtor in the office of a county recorder pursuant to NRS 353C.180; and

      (b) Authorize his agent to incur any reasonable costs, including, without limitation, attorney’s fees, that are necessary to carry out his duties pursuant to the appointment.

 


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ê2009 Statutes of Nevada, Page 1175 (Chapter 279, AB 87)ê

 

      2.  The State Controller must, before he appoints an agent pursuant to this section, determine that making the appointment is likely to generate more net revenue for the State than other methods available to the State Controller to collect the debt.

      Sec. 5.  Notwithstanding any specific statute to the contrary, the State Controller may enter into an agreement with a debtor to accept the payment of a portion of the debt in full satisfaction of the debt, including any penalty and interest, if:

      1.  The State Controller determines that accepting the agreed upon amount is likely to generate more net revenue for the State than continuing efforts to collect the full amount of the debt; and

      2.  The agency to which the debt is owed approves.

      Sec. 6.  If the period of limitation for the collection of a debt set forth in NRS 353C.140 has expired, the State Controller may, in lieu of requesting the State Board of Examiners to designate the debt as a bad debt pursuant to NRS 353C.220, sell the debt to any person.

      Sec. 7.  1.  If the State Controller collects any money owed to an agency from a debtor or receives any money from a private debt collector or other person to whom the State Controller has assigned the collection of a debt owed to an agency, the State Controller shall, unless prohibited by federal law, transfer the net amount of money owed to the agency:

      (a) Except as otherwise provided in paragraph (c), to the Debt Recovery Account created by section 7.3 of this act if the debt is owed to an agency whose budget is supported exclusively or in part from the State General Fund.

      (b) Except as otherwise provided in paragraph (c), to an account specified by the agency if the debt is owed to an agency whose budget is supported exclusively from sources other than the State General Fund.

      (c) If a specific statute requires the money to be deposited in a specific account or used for a specific purpose, to the specific account required by statute or to the account from which money is expended for the purpose specified.

      2.  As used in this section, “net amount of money owed to the agency” means the money owed to an agency by a debtor that is collected or received by the State Controller minus:

      (a) Any fees owed pursuant to a specific statute to the State Controller for collection of the debt;

      (b) Any costs incurred or fees paid by the State Controller to collect any debt assigned to him for collection by the agency; and

      (c) Any interest on the debt collected by the State Controller under the terms of an agreement with the debtor, pursuant to NRS 353C.130, for the payment of the debt on an installment basis.

      Sec. 7.3.  1.  The Debt Recovery Account is hereby created in the State General Fund.

      2.  Money in the Account may only be used for support of the debt collection efforts of the State Controller pursuant to this chapter.

      3.  Money transferred to the Account is a continuing appropriation solely for the purpose of authorizing the expenditure of the transferred money for the purpose set forth in subsection 2.

      4.  Upon the approval of the Interim Finance Committee, the State Controller may expend money in the Account.

 


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ê2009 Statutes of Nevada, Page 1176 (Chapter 279, AB 87)ê

 

      Sec. 7.5.  NRS 353C.090 is hereby amended to read as follows:

      353C.090  [The] Except as otherwise provided in NRS 353C.195, the provisions of this chapter apply to an agency only to the extent that no other specific statute exists which provides for the collection of debts due the agency. To the extent that the provisions of this chapter conflict with such a specific statute, the provisions of the specific statute control [.] until a debt is assigned to the State Controller for collection.

      Sec. 8.  NRS 353C.110 is hereby amended to read as follows:

      353C.110  The [Director of the Department of Administration and the Attorney General may jointly] State Controller may adopt such regulations as are necessary to carry out the provisions of this chapter.

      Sec. 9.  NRS 353C.120 is hereby amended to read as follows:

      353C.120  1.  Each agency shall submit to the State Controller periodic reports of the debts owed to the agency. The State Controller shall maintain the reports . [to the extent that resources are available. The Director of the Department of Administration and] The State Controller and the Attorney General shall jointly prescribe the time, form and manner of the reports.

      2.  Except to the extent that the information on the reports is declared to be confidential by a specific statute of this State or federal law, the State Controller shall make the reports available for public inspection and may, without charge, make available for access on the Internet or its successor, if any, the information contained in the reports.

      Sec. 10.  NRS 353C.130 is hereby amended to read as follows:

      353C.130  [An agency] The State Controller may enter into an agreement with a debtor which provides for the payment of a debt owed by the debtor to [the] an agency on an installment basis over a 12-month or lesser period. Upon good cause shown by the debtor, the [agency] State Controller may extend the period during which installment payments will be made for more than a 12-month period.

      Sec. 11.  NRS 353C.135 is hereby amended to read as follows:

      353C.135  1.  Except as otherwise provided in subsection 2 or by a specific statute, a person who owes a debt of more than [$200] $300 pursuant to this chapter shall, in addition to the debt, pay [as reimbursement for the] :

      (a) The costs and fees actually incurred to collect the debt [an amount] ; and

      (b) A fee payable to the State Controller in the amount of 2 percent of the amount of the debt assigned to the State Controller for collection pursuant to NRS 353C.195.

      2.  The total amount of costs and fees required pursuant to subsection 1 must not [to] exceed [25] 35 percent of the amount of the debt or [$25,000,] $50,000, whichever is less. Any prejudgment or postjudgment interest on the debt authorized by law must not be included in the calculation of the costs and fees actually incurred to collect the debt.

      Sec. 12.  NRS 353C.140 is hereby amended to read as follows:

      353C.140  If a person has not paid a debt that the person owes to an agency, the Attorney General, upon the request of the [agency:] State Controller:

      1.  Except as otherwise provided in this section, shall bring an action in a court of competent jurisdiction; or

      2.  If the action is a small claim subject to chapter 73 of NRS, may bring an action in a court of competent jurisdiction,

 


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ê2009 Statutes of Nevada, Page 1177 (Chapter 279, AB 87)ê

 

Ê on behalf of this State [and the agency] to collect the debt, plus any applicable penalties and interest. The action must be brought not later than 4 years after the date on which the debt became due or within 5 years after the date on which a certificate of liability was last recorded pursuant to NRS 353C.180, as appropriate.

      Sec. 13.  NRS 353C.150 is hereby amended to read as follows:

      353C.150  1.  In addition to any other remedy provided for in this chapter, if a person who owes a debt to an agency:

      (a) Fails to pay the debt when it is due, or fails to pay an agreed upon amount in satisfaction of the debt; or

      (b) Defaults on a written or other agreement [with an agency] relating to the payment of the debt,

Ê the [agency] State Controller may, within 4 years after the date on which the debt became due or the date on which the debtor defaulted, as appropriate, file with the office of the clerk of a court of competent jurisdiction an application for the entry of summary judgment against the debtor for the amount due.

      2.  [An agency that intends to file an application for the entry of summary judgment pursuant to this section] The State Controller shall, not less than 15 days before the date on which [the agency] he intends to file the application, notify the debtor of [its] his intention to file the application. The notification must be sent by certified mail to the last known address of the debtor and must include the name of the agency [,] to which the debt is owed, the amount sought to be recovered and the date on which the application will be filed with the court.

      3.  An application for the entry of summary judgment must:

      (a) Be accompanied by a certificate that specifies:

            (1) The amount of the debt, including any interest and penalties due;

            (2) The name and address of the debtor, as the name and address of the debtor appear on the records of the [agency;] State Controller;

            (3) The basis for the determination [by the agency] of the amount due; and

            (4) That the [agency] State Controller has complied with the applicable provisions of law relating to the determination of the amount required to be paid; and

      (b) Include:

            (1) A request that judgment be entered against the debtor for the amount specified in the certificate; and

            (2) Evidence that the debtor was notified of the application for the entry of summary judgment in accordance with subsection 2.

      Sec. 14.  NRS 353C.160 is hereby amended to read as follows:

      353C.160  The court clerk, upon the filing of an application for the entry of summary judgment which complies with the requirements set forth in NRS 353C.150, shall forthwith enter a judgment [for the agency] against the debtor in the amount of the debt, plus any penalties and interest, as set forth in the certificate. The [agency] State Controller shall serve a copy of the judgment, together with a copy of the application and the certificate, upon the debtor against whom the judgment is entered, either by personal service or by mailing a copy to the last known address of the debtor . [as it appears in the records of the agency.]

 


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ê2009 Statutes of Nevada, Page 1178 (Chapter 279, AB 87)ê

 

      Sec. 15.  NRS 353C.180 is hereby amended to read as follows:

      353C.180  1.  In addition to any other remedy provided for in this chapter, [an agency] the State Controller may, within 4 years after the date that a debt becomes due, record a certificate of liability in the office of a county recorder which states:

      (a) The amount of the debt, together with any interest or penalties due thereon;

      (b) The name and address of the debtor , as the name and address of the debtor appear on the records of the [agency;] State Controller;

      (c) That the [agency] State Controller has complied with all procedures required by law for determining the amount of the debt; and

      (d) That the [agency] State Controller has notified the debtor in accordance with subsection 2.

      2.  [An agency that intends to file a certificate of liability pursuant to this section] The State Controller shall, not less than 15 days before the date on which [the agency] he intends to file the certificate, notify the debtor of [its] his intention to file the certificate. The notification must be sent by certified mail to the last known address of the debtor and must include the name of the agency [,] to which the debt is owed, the amount sought to be recovered and the date on which the certificate will be filed with the county recorder.

      3.  From the time of the recording of the certificate, the amount of the debt, including interest which accrues on the debt after the recording of the certificate, constitutes a lien upon all real and personal property situated in the county in which the certificate was recorded that is owned by the debtor or acquired by the debtor afterwards and before the lien expires. The lien has the force, effect and priority of a judgment lien on all real and personal property situated in the county in which the certificate was recorded and continues for 5 years after the date of recording unless sooner released or otherwise discharged.

      4.  Within 5 years after the date of the recording of the certificate or within 5 years after the date of the last extension of the lien pursuant to this subsection, the lien may be extended by recording a new certificate in the office of the county recorder. From the date of recording, the lien is extended for 5 years to all real and personal property situated in the county that is owned by the debtor or acquired by the debtor afterwards, unless the lien is sooner released or otherwise discharged.

      Sec. 16.  NRS 353C.190 is hereby amended to read as follows:

      353C.190  1.  The State Controller may [, to the extent that resources are available,] offset any amount due an agency from a debtor against any amount owing to that debtor by any agency, regardless of whether the agency which owes the amount is the same agency to which the debtor owes the debt. Whenever the combined amount owing to a debtor by all agencies is insufficient to offset all the amounts due the agencies from the debtor, the State Controller shall allocate the amount available from the debtor among the agencies in such a manner as the State Controller determines is appropriate.

      2.  If a debtor who owes a debt to an agency has a claim against that agency or another agency and refuses or neglects to file his claim with the agency within a reasonable time, the [head of the agency to which the debtor owes the debt] State Controller may file the claim on behalf of the debtor. If the State Controller [approves] files the claim, it has the same force and effect as though filed by the debtor.

 


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ê2009 Statutes of Nevada, Page 1179 (Chapter 279, AB 87)ê

 

effect as though filed by the debtor. The amount due the debtor from the agency is the net amount otherwise owing to the debtor after any offset as provided in this section.

      3.  The State Controller shall adopt such regulations as are necessary to carry out the provisions of this section, including, without limitation, the manner in which offsets will be allocated among agencies.

      Sec. 17.  NRS 353C.195 is hereby amended to read as follows:

      353C.195  Except as otherwise provided in this section or by a specific statute or federal law:

      1.  The State Controller [may, if requested by any state agency,] shall act as the collection agent for [that] each agency.

      2.  [If the State Controller acts as the collection agent for an agency, the agency may] An agency shall coordinate all its debt collection efforts through the State Controller.

      3.  Unless an agency and the State Controller agree on a different time, an agency shall assign a debt to the State Controller for collection not later than 60 days after the debt becomes past due.

      4.  An agency shall not assign a debt to the State Controller for collection if the debt is administratively contested by the debtor. For the purposes of this subsection, a debt is not administratively contested if:

      (a) The debtor and the agency have agreed on the existence and amount of the debt;

      (b) The debtor has failed to contest timely the existence or amount of the debt in accordance with the administrative procedures prescribed by the agency; or

      (c) The debtor has timely contested the debt in accordance with the administrative procedures prescribed by the agency and the agency has issued a final decision concerning the existence and amount of the debt.

      5.  Upon the request of an agency, the State Controller shall waive a requirement of this section:

      (a) If the State Controller determines that the agency has the resources to engage in its own debt collection efforts; or

      (b) For good cause shown.

      6.  If the State Controller waives the requirements of subsection 1 or 2 for an agency, the agency may exercise any right or remedy conferred on the State Controller pursuant to the provisions of NRS 353C.130 to 353C.180, inclusive, and 353C.200 to 353C.230, inclusive, to collect a debt.

      7.  An agency that is authorized by specific statute to collect a debt on behalf of or in trust for a particular person or entity may assign the debt to the State Controller for collection pursuant to this section. If such an agency does not assign a debt to the State Controller pursuant to this section, the agency may, in addition to any right or remedy conferred on the agency by specific statute to collect a debt, exercise any right or remedy conferred on the State Controller pursuant to the provisions of NRS 353C.130 to 353C.180, inclusive, and 353C.200 to 353C.230, inclusive, to collect the debt.

      Sec. 18.  NRS 353C.200 is hereby amended to read as follows:

      353C.200  1.  Except as otherwise provided in subsection 2, if an agency has assigned a debt to the State Controller for collection pursuant to NRS 353C.195, the State Controller may enter into a contract with a private debt collector or any other person for the assignment of the collection of [a] the debt if the [agency:] State Controller:

 


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ê2009 Statutes of Nevada, Page 1180 (Chapter 279, AB 87)ê

 

      (a) Determines the assignment is likely to generate more net revenue than equivalent efforts by the [agency] State Controller to collect the debt, including collection efforts pursuant to this chapter;

      (b) Determines the assignment will not compromise future collections of state revenue; and

      (c) Notifies the debtor in writing at his address of record that the debt will be turned over for private collection unless the [debt is paid.] debtor:

            (1) Pays the debt in full; or

            (2) Enters into an agreement, pursuant to NRS 353C.130, for the payment of the debt on an installment basis.

      2.  [An agency shall not enter into a contract with a private debt collector or any other person for the assignment of the collection of a debt if the debt has been contested by the debtor.

      3.]  A contract for the assignment of the collection of a debt may provide for:

      (a) Payment by the [agency] State Controller to the private debt collector or other person of the costs of collection and fees for collecting the debt; or

      (b) Collection by the private debt collector or other person from the debtor of the costs of collection and fees for collecting the debt.

      [4.  Any contract entered into pursuant to this section is subject to approval by the Director of the Department of Administration and the State Controller.]

      Sec. 19.  NRS 353C.210 is hereby amended to read as follows:

      353C.210  1.  Notwithstanding any specific statute to the contrary, [an agency to which a debt is owed] the State Controller may, in addition to any other remedy provided for in this chapter, give notice of the amount of [the] a debt owed to this State and a demand to transmit to any person, including, without limitation, any officer, agency or political subdivision of this State, who has in his possession or under his control any credits or other personal property belonging to the debtor [,] or who owes any debts to the debtor that remain unpaid. The notice and demand to transmit must be delivered personally or by certified or registered mail:

      (a) Not later than 4 years after the debt became due; or

      (b) Not later than 6 years after the last recording of an abstract of judgment pursuant to NRS 353C.170 or a certificate of liability pursuant to NRS 353C.180.

      2.  If such notice is given to an officer or agency of this State, the notice must be delivered before the [agency which sent the notice] State Controller may file a claim [with the State Controller] pursuant to NRS 353C.190 on behalf of the debtor.

      3.  An agency that receives a notice and demand to transmit pursuant to this section may satisfy any debt owed to it by the debtor before it honors the notice and demand to transmit. If the agency is holding a bond or other property of the debtor as security for debts owed or that may become due and owing by the debtor, the agency is not required to transmit the amount of the bond or other property unless the agency determines that holding the bond or other property of the debtor as security is no longer required.

      4.  Except as otherwise provided by specific statute, a person who receives a demand to transmit pursuant to this section shall not thereafter transfer or otherwise dispose of the credits or other personal property of, or debts owed to, the person who is the subject of the demand to transmit without the consent of the [agency which sent the demand to transmit.]

 


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ê2009 Statutes of Nevada, Page 1181 (Chapter 279, AB 87)ê

 

debts owed to, the person who is the subject of the demand to transmit without the consent of the [agency which sent the demand to transmit.] State Controller.

      5.  Except as otherwise provided by specific statute, a person who receives [from an agency] a demand to transmit pursuant to this section shall, within 10 days thereafter, inform the [agency] State Controller of, and transmit to the [agency] State Controller within the time and in the manner requested by the [agency,] State Controller, all credits or other personal property in his possession or control that belong to, and all debts that he owes to, the person who is the subject of the demand to transmit. Except as otherwise provided in subsection 6, no further notice is required to be served on such persons.

      6.  Except as otherwise provided by specific statute, if the property of the debtor consists of a series of payments owed to him, the person who owes or controls the payments shall transmit the payments to the [agency which sent the demand to transmit] State Controller until otherwise notified by the [agency.] State Controller. If the debt of the debtor is not paid within 1 year after the date on which the [agency] State Controller issued the original demand to transmit, the [agency] State Controller shall:

      (a) Issue another demand to transmit to the person responsible for making the payments that informs him to continue transmitting payments to the [agency;] State Controller; or

      (b) Notify the person that his duty to transmit the payments to the [agency] State Controller has ceased.

      7.  If the notice and demand to transmit is intended to prevent the transfer or other disposition of a deposit in a bank or other depository institution, or of any other credit or personal property in the possession or under the control of the bank or depository institution, the notice must be delivered or mailed to any branch or office of the bank or depository institution at which the deposit is carried or the credit or personal property is held.

      8.  If any person to whom [an agency] the State Controller delivers a notice and demand to transmit transfers or otherwise disposes of any property or debts required by this chapter to be transmitted to the [agency,] State Controller, the person is, to the extent of the value of the property or the amount of the debts so transferred or disposed of, liable to the [agency] State Controller for any portion of the debt that the [agency] State Controller is unable to collect from the debtor solely by reason of the transfer or other disposition of the property or debt.

      9.  A debtor who owes a debt to an agency for which the State Controller delivers a notice and demand to transmit concerning the debtor pursuant to this section is entitled to an administrative hearing before that agency to challenge the collection of the debt pursuant to the demand to transmit. Each agency may adopt such regulations as are necessary to provide an administrative hearing for the purposes of this subsection.

      Sec. 20.  NRS 353C.220 is hereby amended to read as follows:

      353C.220  1.  If [an agency] the State Controller determines that it is impossible or impractical to collect a debt, [the agency] he may request the State Board of Examiners to designate the debt as a bad debt. The State Board of Examiners, by an affirmative vote of the majority of the members of the Board, may designate the debt as a bad debt if the Board is satisfied that the collection of the debt is impossible or impractical. If the debt is not more than $50, the State Board of Examiners may delegate to its Clerk the authority to designate the debt as a bad debt.

 


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ê2009 Statutes of Nevada, Page 1182 (Chapter 279, AB 87)ê

 

more than $50, the State Board of Examiners may delegate to its Clerk the authority to designate the debt as a bad debt. [An agency that is aggrieved by] The State Controller may appeal a denial of a request to designate the debt as a bad debt by the Clerk [may appeal that denial] to the State Board of Examiners.

      2.  Upon the designation of a debt as a bad debt pursuant to this section, the State Board of Examiners or its Clerk shall immediately notify the State Controller thereof. Upon receiving the notification, the State Controller shall direct the removal of the debt from the books of account of the State of Nevada. A bad debt that is removed pursuant to this section remains a legal and binding obligation owed by the debtor to the State of Nevada.

      3.  [If resources are available, the] The State Controller shall keep a master file of all debts that are designated as bad debts pursuant to this section. [If such a file is established and maintained, for] For each such debt, the State Controller shall record the name of the debtor, the amount of the debt, the date on which the debt was incurred and the date on which it was removed from the records and books of account of [the agency or] the State of Nevada, and any other information concerning the debt that the State Controller determines is necessary.

      Sec. 21.  (Deleted by amendment.)

      Sec. 21.1.  NRS 218.6827 is hereby amended to read as follows:

      218.6827  1.  Except as otherwise provided in subsection 2, the Interim Finance Committee may exercise the powers conferred upon it by law only when the Legislature is not in regular or special session.

      2.  During a regular or special session, the Interim Finance Committee may also perform the duties imposed on it by subsection 5 of NRS 284.115, subsection 2 of NRS 321.335, NRS 322.007, subsection 2 of NRS 323.020, NRS 323.050, subsection 1 of NRS 323.100, subsection 3 of NRS 341.090, NRS 341.142, subsection 6 of NRS 341.145, NRS 353.220, 353.224, 353.2705 to 353.2771, inclusive, and 353.335, and section 7.3 of this act, paragraph (b) of subsection 4 of NRS 407.0762, NRS 428.375, 439.620, 439.630, 445B.830 and 538.650. In performing those duties, the Senate Standing Committee on Finance and the Assembly Standing Committee on Ways and Means may meet separately and transmit the results of their respective votes to the Chairman of the Interim Finance Committee to determine the action of the Interim Finance Committee as a whole.

      3.  The Chairman of the Interim Finance Committee may appoint a subcommittee consisting of six members of the Committee to review and make recommendations to the Committee on matters of the State Public Works Board that require prior approval of the Interim Finance Committee pursuant to subsection 3 of NRS 341.090, NRS 341.142 and subsection 6 of NRS 341.145. If the Chairman appoints such a subcommittee:

      (a) The Chairman shall designate one of the members of the subcommittee to serve as the chairman of the subcommittee;

      (b) The subcommittee shall meet throughout the year at the times and places specified by the call of the chairman of the subcommittee; and

      (c) The Director of the Legislative Counsel Bureau or his designee shall act as the nonvoting recording secretary of the subcommittee.

      Sec. 21.3.  NRS 616C.220 is hereby amended to read as follows:

      616C.220  1.  The Division shall designate one:

      (a) Third-party administrator who has a valid certificate issued by the Commissioner pursuant to NRS 683A.085; or

 


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ê2009 Statutes of Nevada, Page 1183 (Chapter 279, AB 87)ê

 

      (b) Insurer, other than a self-insured employer or association of self-insured public or private employers,

Ê to administer claims against the uninsured employers’ claim account. The designation must be made pursuant to reasonable competitive bidding procedures established by the Administrator.

      2.  Except as otherwise provided in this subsection, an employee may receive compensation from the uninsured employers’ claim account if:

      (a) He was hired in this State or he is regularly employed in this State;

      (b) He suffers an accident or injury which arises out of and in the course of his employment:

            (1) In this State; or

            (2) While on temporary assignment outside the State for not more than 12 months;

      (c) He files a claim for compensation with the Division; and

      (d) He makes an irrevocable assignment to the Division of a right to be subrogated to the rights of the injured employee pursuant to NRS 616C.215.

Ê An employee who suffers an accident or injury while on temporary assignment outside the State is not eligible to receive compensation from the uninsured employers’ claim account unless he has been denied workers’ compensation in the state in which the accident or injury occurred.

      3.  If the Division receives a claim pursuant to subsection 2, the Division shall immediately notify the employer of the claim.

      4.  For the purposes of this section, the employer has the burden of proving that he provided mandatory industrial insurance coverage for the employee or that he was not required to maintain industrial insurance for the employee.

      5.  Any employer who has failed to provide mandatory coverage required by the provisions of chapters 616A to 616D, inclusive, of NRS is liable for all payments made on his behalf, including any benefits, administrative costs or attorney’s fees paid from the uninsured employers’ claim account or incurred by the Division.

      6.  The Division:

      (a) May recover from the employer the payments made by the Division that are described in subsection 5 and any accrued interest by bringing a civil action in a court of competent jurisdiction. For the purposes of this paragraph, the payments made by the Division that are described in subsection 5 are presumed to be:

            (1) Justified by the circumstances of the claim;

            (2) Made in accordance with applicable law; and

            (3) Reasonable and necessary.

      (b) In any civil action brought against the employer, is not required to prove that negligent conduct by the employer was the cause of the employee’s injury.

      (c) May enter into a contract with any person to assist in the collection of any liability of an uninsured employer.

      (d) In lieu of a civil action, may enter into an agreement or settlement regarding the collection of any liability of an uninsured employer.

      7.  The Division shall:

      (a) Determine whether the employer was insured within 30 days after receiving notice of the claim from the employee.

 


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ê2009 Statutes of Nevada, Page 1184 (Chapter 279, AB 87)ê

 

      (b) Assign the claim to the third-party administrator or insurer designated pursuant to subsection 1 for administration and payment of compensation.

Ê Upon determining whether the claim is accepted or denied, the designated third-party administrator or insurer shall notify the injured employee, the named employer and the Division of its determination.

      8.  Upon demonstration of the:

      (a) Costs incurred by the designated third-party administrator or insurer to administer the claim or pay compensation to the injured employee; or

      (b) Amount that the designated third-party administrator or insurer will pay for administrative expenses or compensation to the injured employee and that such amounts are justified by the circumstances of the claim,

Ê the Division shall authorize payment from the uninsured employers’ claim account.

      9.  Any party aggrieved by a determination made by the Division regarding the assignment of any claim made pursuant to this section may appeal that determination by filing a notice of appeal with an appeals officer within 30 days after the determination is rendered. The provisions of NRS 616C.345 to 616C.385, inclusive, apply to an appeal filed pursuant to this subsection.

      10.  Any party aggrieved by a determination to accept or to deny any claim made pursuant to this section or by a determination to pay or to deny the payment of compensation regarding any claim made pursuant to this section may appeal that determination, within 70 days after the determination is rendered, to the Hearings Division of the Department of Administration in the manner provided by NRS 616C.305 and 616C.315.

      11.  All insurers shall bear a proportionate amount of a claim made pursuant to chapters 616A to 616D, inclusive, of NRS, and are entitled to a proportionate amount of any collection made pursuant to this section as an offset against future liabilities.

      12.  An uninsured employer is liable for the interest on any amount paid on his claims from the Uninsured Employers’ Claim Account. The interest must be calculated at a rate equal to the prime rate at the largest bank in Nevada, as ascertained by the Commissioner of Financial Institutions, on January 1 or July 1, as the case may be, immediately preceding the date of the claim, plus 3 percent, compounded monthly, from the date the claim is paid from the account until payment is received by the Division from the employer.

      13.  Attorney’s fees recoverable by the Division pursuant to this section must be:

      (a) If a private attorney is retained by the Division, paid at the usual and customary rate for that attorney.

      (b) If the attorney is an employee of the Division, paid at the rate established by regulations adopted by the Division.

Ê Any money collected must be deposited to the Uninsured Employers’ Claim Account.

      14.  In addition to any other liabilities provided for in this section, the Administrator may impose an administrative fine of not more than $10,000 against an employer if the employer fails to provide mandatory coverage required by the provisions of chapters 616A to 616D, inclusive, of NRS.

      15.  If the Division assigns a debt that arises under this section to the State Controller for collection pursuant to NRS 353C.195, the State Controller may bring an action in his own name in a court of competent jurisdiction to recover any amount that the Division is authorized to recover pursuant to this section.

 


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ê2009 Statutes of Nevada, Page 1185 (Chapter 279, AB 87)ê

 

Controller may bring an action in his own name in a court of competent jurisdiction to recover any amount that the Division is authorized to recover pursuant to this section.

      Sec. 21.7.  NRS 617.401 is hereby amended to read as follows:

      617.401  1.  The Division shall designate one:

      (a) Third-party administrator who has a valid certificate issued by the Commissioner pursuant to NRS 683A.085; or

      (b) Insurer, other than a self-insured employer or association of self-insured public or private employers,

Ê to administer claims against the Uninsured Employers’ Claim Account. The designation must be made pursuant to reasonable competitive bidding procedures established by the Administrator.

      2.  Except as otherwise provided in this subsection, an employee may receive compensation from the Uninsured Employers’ Claim Account if:

      (a) He was hired in this State or he is regularly employed in this State;

      (b) He contracts an occupational disease that arose out of and in the course of employment:

            (1) In this State; or

            (2) While on temporary assignment outside the State for not more than 12 months;

      (c) He files a claim for compensation with the Division; and

      (d) He makes an irrevocable assignment to the Division of a right to be subrogated to the rights of the employee pursuant to NRS 616C.215.

Ê An employee who contracts an occupational disease that arose out of and in the course of employment while on temporary assignment outside the State is not entitled to receive compensation from the Uninsured Employers’ Claim Account unless he has been denied workers’ compensation in the state in which the disease was contracted.

      3.  If the Division receives a claim pursuant to subsection 2, the Division shall immediately notify the employer of the claim.

      4.  For the purposes of this section, the employer has the burden of proving that he provided mandatory coverage for occupational diseases for the employee or that he was not required to maintain industrial insurance for the employee.

      5.  Any employer who has failed to provide mandatory coverage required by the provisions of this chapter is liable for all payments made on his behalf, including, but not limited to, any benefits, administrative costs or attorney’s fees paid from the Uninsured Employers’ Claim Account or incurred by the Division.

      6.  The Division:

      (a) May recover from the employer the payments made by the Division that are described in subsection 5 and any accrued interest by bringing a civil action in a court of competent jurisdiction. For the purposes of this paragraph, the payments made by the Division that are described in subsection 5 are presumed to be:

            (1) Justified by the circumstances of the claim;

            (2) Made in accordance with applicable law; and

            (3) Reasonable and necessary.

      (b) In any civil action brought against the employer, is not required to prove that negligent conduct by the employer was the cause of the occupational disease.

 


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ê2009 Statutes of Nevada, Page 1186 (Chapter 279, AB 87)ê

 

      (c) May enter into a contract with any person to assist in the collection of any liability of an uninsured employer.

      (d) In lieu of a civil action, may enter into an agreement or settlement regarding the collection of any liability of an uninsured employer.

      7.  The Division shall:

      (a) Determine whether the employer was insured within 30 days after receiving the claim from the employee.

      (b) Assign the claim to the third-party administrator or insurer designated pursuant to subsection 1 for administration and payment of compensation.

Ê Upon determining whether the claim is accepted or denied, the designated third-party administrator or insurer shall notify the injured employee, the named employer and the Division of its determination.

      8.  Upon demonstration of the:

      (a) Costs incurred by the designated third-party administrator or insurer to administer the claim or pay compensation to the injured employee; or

      (b) Amount that the designated third-party administrator or insurer will pay for administrative expenses or compensation to the injured employee and that such amounts are justified by the circumstances of the claim,

Ê the Division shall authorize payment from the Uninsured Employers’ Claim Account.

      9.  Any party aggrieved by a determination made by the Division regarding the assignment of any claim made pursuant to this section may appeal that determination by filing a notice of appeal with an appeals officer within 30 days after the determination is rendered. The provisions of NRS 616C.345 to 616C.385, inclusive, apply to an appeal filed pursuant to this subsection.

      10.  Any party aggrieved by a determination to accept or to deny any claim made pursuant to this section or by a determination to pay or to deny the payment of compensation regarding any claim made pursuant to this section may appeal that determination, within 70 days after the determination is rendered, to the Hearings Division of the Department of Administration in the manner provided by NRS 616C.305 and 616C.315.

      11.  All insurers shall bear a proportionate amount of a claim made pursuant to this chapter, and are entitled to a proportionate amount of any collection made pursuant to this section as an offset against future liabilities.

      12.  An uninsured employer is liable for the interest on any amount paid on his claims from the Uninsured Employers’ Claim Account. The interest must be calculated at a rate equal to the prime rate at the largest bank in Nevada, as ascertained by the Commissioner of Financial Institutions, on January 1 or July 1, as the case may be, immediately preceding the date of the claim, plus 3 percent, compounded monthly, from the date the claim is paid from the Account until payment is received by the Division from the employer.

      13.  Attorney’s fees recoverable by the Division pursuant to this section must be:

      (a) If a private attorney is retained by the Division, paid at the usual and customary rate for that attorney.

      (b) If the attorney is an employee of the Division, paid at the rate established by regulations adopted by the Division.

Ê Any money collected must be deposited to the Uninsured Employers’ Claim Account.

 


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ê2009 Statutes of Nevada, Page 1187 (Chapter 279, AB 87)ê

 

      14.  In addition to any other liabilities provided for in this section, the Administrator may impose an administrative fine of not more than $10,000 against an employer if the employer fails to provide mandatory coverage required by the provisions of this chapter.

      15.  If the Division assigns a debt that arises under this section to the State Controller for collection pursuant to NRS 353C.195, the State Controller may bring an action in his own name in a court of competent jurisdiction to recover any amount that the Division is authorized to recover pursuant to this section.

      Sec. 22.  A regulation jointly adopted by the Director of the Department of Administration and the Attorney General pursuant to NRS 353C.110 remains in effect until it is amended or repealed by the State Controller pursuant to the amendatory provisions of this act.

      Sec. 23.  This act becomes effective:

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

      2.  On July 1, 2009, for all other purposes.

________

 

CHAPTER 280, AB 90

Assembly Bill No. 90–Committee on Commerce and Labor

 

CHAPTER 280

 

AN ACT relating to deceptive trade practices; requiring that information obtained in the course of certain investigations and proceedings be kept confidential in certain circumstances; authorizing the Attorney General to share such information, and otherwise cooperate with, officials of the Federal Government and other states; and providing other matters properly relating thereto.

 

[Approved: May 28, 2009]

 

Legislative Counsel’s Digest:

      Existing law allows the Attorney General to investigate suspected deceptive trade practices and to institute proceedings to seek certain remedies for such violations. (Chapter 598 of NRS)

      Section 1 of this bill requires that information obtained in the course of certain investigations and proceedings be kept confidential in certain circumstances. Section 1 also authorizes the Attorney General to share such information, and otherwise cooperate with, officials of the Federal Government and other states.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 598 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Attorney General, in the course of the investigation of any alleged violations of this chapter, may obtain and use any intelligence, investigative information or other information obtained by or made available to the Attorney General. Except as otherwise provided in subsections 2 and 3, any such intelligence or information received must retain its confidential status under the laws of this State until the Attorney General institutes civil or criminal proceedings and is exempt from the provisions of NRS 239.010.

 


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ê2009 Statutes of Nevada, Page 1188 (Chapter 280, AB 90)ê

 

subsections 2 and 3, any such intelligence or information received must retain its confidential status under the laws of this State until the Attorney General institutes civil or criminal proceedings and is exempt from the provisions of NRS 239.010.

      2.  Except as otherwise provided in subsection 4, the Attorney General may cooperate with and coordinate the enforcement of the provisions of this chapter with State and local agencies, officials of the Federal Government and the several states, including, but not limited to, the sharing of information and evidence obtained in accordance with subsection 1 or NRS 598.0963.

      3.  The provisions of subsections 1 and 2 do not prohibit the Attorney General from disclosing any intelligence or information received pursuant to subsection 1, including, without limitation, the address or telephone number of a business or organization, before the Attorney General institutes civil or criminal proceedings if, in the discretion of the Attorney General, that disclosure is necessary to protect consumers and businesses.

      4.  If any information sought pursuant to an investigation of an alleged violation of this chapter includes a trade secret, the Attorney General shall enter into, and be bound by, an agreement regarding limitations on the disclosure of that information to protect that trade secret. Notwithstanding the provisions of this section, the Attorney General shall not disclose that information in violation of the terms of the agreement. For the purposes of this subsection, “trade secret” has the meaning ascribed to it in NRS 600A.030.

      Sec. 2.  NRS 598.0903 is hereby amended to read as follows:

      598.0903  As used in NRS 598.0903 to 598.0999, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 598.0905 to 598.0947, inclusive, have the meanings ascribed to them in those sections.

      Sec. 3.  NRS 598.0955 is hereby amended to read as follows:

      598.0955  1.  The provisions of NRS 598.0903 to 598.0999, inclusive, and section 1 of this act do not apply to:

      (a) Conduct in compliance with the orders or rules of, or a statute administered by, a federal, state or local governmental agency.

      (b) Publishers, including outdoor advertising media, advertising agencies, broadcasters or printers engaged in the dissemination of information or reproduction of printed or pictorial matter who publish, broadcast or reproduce material without knowledge of its deceptive character.

      (c) Actions or appeals pending on July 1, 1973.

      2.  The provisions of NRS 598.0903 to 598.0999, inclusive, and section 1 of this act do not apply to the use by a person of any service mark, trademark, certification mark, collective mark, trade name or other trade identification which was used and not abandoned prior to July 1, 1973, if the use was in good faith and is otherwise lawful except for the provisions of NRS 598.0903 to 598.0999, inclusive [.] , and section 1 of this act.

      Sec. 4.  NRS 598.0963 is hereby amended to read as follows:

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

 


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ê2009 Statutes of Nevada, Page 1189 (Chapter 280, AB 90)ê

 

trade practice, the Attorney General may bring an action in the name of the State of Nevada against that person on behalf of the Commissioner or Director.

      2.  The Attorney General may institute criminal proceedings to enforce the provisions of NRS 598.0903 to 598.0999, inclusive [.] , and section 1 of this act. The Attorney General is not required to obtain leave of the court before instituting criminal proceedings pursuant to this subsection.

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

      4.  If the Attorney General has cause to believe that a person has engaged or is engaging in a deceptive trade practice, the Attorney General may issue a subpoena to require the testimony of any person or the production of any documents, and may administer an oath or affirmation to any person providing such testimony. The subpoena must be served upon the person in the manner required for service of process in this State or by certified mail with return receipt requested. An employee of the Attorney General may personally serve the subpoena.

      Sec. 5.  NRS 598.0967 is hereby amended to read as follows:

      598.0967  1.  The Commissioner and the Director, in addition to other powers conferred upon them by NRS 598.0903 to 598.0999, inclusive, and section 1 of this act, may issue subpoenas to require the attendance of witnesses or the production of documents, conduct hearings in aid of any investigation or inquiry and prescribe such forms and adopt such regulations as may be necessary to administer the provisions of NRS 598.0903 to 598.0999, inclusive [.] , and section 1 of this act. Such regulations may include, without limitation, provisions concerning the applicability of the provisions of NRS 598.0903 to 598.0999, inclusive, and section 1 of this act to particular persons or circumstances.

      2.  Service of any notice or subpoena must be made as provided in N.R.C.P. 45(c).

      Sec. 6.  NRS 598.0971 is hereby amended to read as follows:

      598.0971  1.  If, after an investigation, the Commissioner has reasonable cause to believe that any person has been engaged or is engaging in any deceptive trade practice in violation of NRS 598.0903 to 598.0999, inclusive, and section 1 of this act, the Commissioner may issue an order directed to the person to show cause why the Commissioner should not order the person to cease and desist from engaging in the practice. The order must contain a statement of the charges and a notice of a hearing to be held thereon. The order must be served upon the person directly or by certified or registered mail, return receipt requested.

      2.  If, after conducting a hearing pursuant to the provisions of subsection 1, the Commissioner determines that the person has violated any of the provisions of NRS 598.0903 to 598.0999, inclusive, and section 1 of this act or if the person fails to appear for the hearing after being properly served with the statement of charges and notice of hearing, the Commissioner may make a written report of his findings of fact concerning the violation and cause to be served a copy thereof upon the person and any intervener at the hearing. If the Commissioner determines in the report that such a violation has occurred, he may order the violator to:

 


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ê2009 Statutes of Nevada, Page 1190 (Chapter 280, AB 90)ê

 

      (a) Cease and desist from engaging in the practice or other activity constituting the violation;

      (b) Pay the costs of conducting the investigation, costs of conducting the hearing, costs of reporting services, fees for experts and other witnesses, charges for the rental of a hearing room if such a room is not available to the Commissioner free of charge, charges for providing an independent hearing officer, if any, and charges incurred for any service of process, if the violator is adjudicated to have committed a violation of NRS 598.0903 to 598.0999, inclusive [;] , and section 1 of this act; and

      (c) Provide restitution for any money or property improperly received or obtained as a result of the violation.

Ê The order must be served upon the person directly or by certified or registered mail, return receipt requested. The order becomes effective upon service in the manner provided in this subsection.

      3.  Any person whose pecuniary interests are directly and immediately affected by an order issued pursuant to subsection 2 or who is aggrieved by the order may petition for judicial review in the manner provided in chapter 233B of NRS. Such a petition must be filed within 30 days after the service of the order. The order becomes final upon the filing of the petition.

      4.  If a person fails to comply with any provision of an order issued pursuant to subsection 2, the Commissioner may, through the Attorney General, at any time after 30 days after the service of the order, cause an action to be instituted in the district court of the county wherein the person resides or has his principal place of business requesting the court to enforce the provisions of the order or to provide any other appropriate injunctive relief.

      5.  If the court finds that:

      (a) The violation complained of is a deceptive trade practice;

      (b) The proceedings by the Commissioner concerning the written report and any order issued pursuant to subsection 2 are in the interest of the public; and

      (c) The findings of the Commissioner are supported by the weight of the evidence,

Ê the court shall issue an order enforcing the provisions of the order of the Commissioner.

      6.  Except as otherwise provided in NRS 598.0974, an order issued pursuant to subsection 5 may include:

      (a) A provision requiring the payment to the Commissioner of a penalty of not more than $5,000 for each act amounting to a failure to comply with the Commissioner’s order; or

      (b) Such injunctive or other equitable or extraordinary relief as is determined appropriate by the court.

      7.  Any aggrieved party may appeal from the final judgment, order or decree of the court in a like manner as provided for appeals in civil cases.

      8.  Upon the violation of any judgment, order or decree issued pursuant to subsection 5 or 6, the Commissioner, after a hearing thereon, may proceed in accordance with the provisions of NRS 598.0999.

      Sec. 7.  NRS 598.0973 is hereby amended to read as follows:

      598.0973  1.  Except as otherwise provided in NRS 598.0974, in any action brought pursuant to NRS 598.0979 to 598.099, inclusive, and section 1 of this act, if the court finds that a person has engaged in a deceptive trade practice directed toward an elderly person or a person with a disability, the court may, in addition to any other civil or criminal penalty, impose a civil penalty of not more than $12,500 for each violation.

 


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ê2009 Statutes of Nevada, Page 1191 (Chapter 280, AB 90)ê

 

court may, in addition to any other civil or criminal penalty, impose a civil penalty of not more than $12,500 for each violation.

      2.  In determining whether to impose a civil penalty pursuant to subsection 1, the court shall consider whether:

      (a) The conduct of the person was in disregard of the rights of the elderly person or person with a disability;

      (b) The person knew or should have known that his conduct was directed toward an elderly person or a person with a disability;

      (c) The elderly person or person with a disability was more vulnerable to the conduct of the person because of the age, health, infirmity, impaired understanding, restricted mobility or disability of the elderly person or person with a disability;

      (d) The conduct of the person caused the elderly person or person with a disability to suffer actual and substantial physical, emotional or economic damage;

      (e) The conduct of the person caused the elderly person or person with a disability to suffer:

            (1) Mental or emotional anguish;

            (2) The loss of the primary residence of the elderly person or person with a disability;

            (3) The loss of the principal employment or source of income of the elderly person or person with a disability;

            (4) The loss of money received from a pension, retirement plan or governmental program;

            (5) The loss of property that had been set aside for retirement or for personal or family care and maintenance;

            (6) The loss of assets which are essential to the health and welfare of the elderly person or person with a disability; or

            (7) Any other interference with the economic well-being of the elderly person or person with a disability, including the encumbrance of his primary residence or principal source of income; or

      (f) Any other factors that the court deems to be appropriate.

      Sec. 8.  NRS 598.0974 is hereby amended to read as follows:

      598.0974  A civil penalty must not be imposed against any person who engages in a deceptive trade practice pursuant to NRS 598.0903 to 598.0999, inclusive, and section 1 of this act in a civil proceeding brought by the Commissioner, Director or Attorney General if a fine has previously been imposed against that person by the Department of Motor Vehicles pursuant to NRS 482.554, for the same act.

      Sec. 9.  NRS 598.0999 is hereby amended to read as follows:

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

 


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ê2009 Statutes of Nevada, Page 1192 (Chapter 280, AB 90)ê

 

      2.  Except as otherwise provided in NRS 598.0974, in any action brought pursuant to the provisions of NRS 598.0903 to 598.0999, inclusive, and section 1 of this act, if the court finds that a person has willfully engaged in a deceptive trade practice, the Commissioner, the Director, the district attorney of any county in this State or the Attorney General bringing the action may recover a civil penalty not to exceed $5,000 for each violation. The court in any such action may, in addition to any other relief or reimbursement, award reasonable attorney’s fees and costs.

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

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

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

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

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

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

      5.  If a person violates any provision of NRS 598.0903 to 598.0999, inclusive, and section 1 of this act, NRS 598.100 to 598.2801, inclusive, 598.305 to 598.395, inclusive, 598.405 to 598.525, inclusive, 598.741 to 598.787, inclusive, or 598.840 to 598.966, inclusive, fails to comply with a judgment or order of any court in this State concerning a violation of such a provision, or fails to comply with an assurance of discontinuance or other agreement concerning an alleged violation of such a provision, the Commissioner or the district attorney of any county may bring an action in the name of the State of Nevada seeking:

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

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

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

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

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

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

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

    Secs. 10 and 11.  (Deleted by amendment.)

________

 


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ê2009 Statutes of Nevada, Page 1193ê

 

CHAPTER 281, AB 124

Assembly Bill No. 124–Assemblyman Grady

 

CHAPTER 281

 

AN ACT relating to unemployment compensation; revising provisions relating to certain agricultural labor as employment; and providing other matters properly relating thereto.

 

[Approved: May 28, 2009]

 

Legislative Counsel’s Digest:

      In compliance with federal requirements, existing state law exempts from the Federal Unemployment Tax Act certain services performed by an alien admitted to the United States. To maintain compliance in the event of applicable changes in federal law, section 1 of this bill provides that the existing exemption, as reflected under state law, must be eliminated if the federal exemption is eliminated. (NRS 612.090)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 612.090 is hereby amended to read as follows:

      612.090  1.  “Employment” includes agricultural labor if:

      (a) The services are performed in the employ of a person who:

            (1) Paid cash wages of $20,000 or more during any calendar quarter of the current calendar year or preceding calendar year to persons employed in agricultural labor [;] , including, without limitation, an alien described in subsection 4 without regard to whether the alien or the services performed by the alien are required to be covered by the Federal Unemployment Tax Act; or

            (2) Employed 10 or more persons in agricultural labor , including, without limitation, an alien described in subsection 4 without regard to whether the alien or the services performed by the alien are required to be covered by the Federal Unemployment Tax Act, some portion of the day for at least 20 days, each day being in a different calendar week, during the current calendar year or preceding calendar year whether or not the weeks were consecutive or the persons were employed at the same moment of time; and

      (b) The services are performed:

            (1) On a farm, in the employ of any person, in connection with cultivating the soil, or in connection with raising or harvesting any agricultural or horticultural commodity, including the raising, shearing, feeding, caring for, training and management of livestock, bees, poultry and fur-bearing animals and wildlife.

            (2) In the employ of the owner or tenant or other operator of a farm, in connection with the operation, management, conservation, improvement or maintenance of the farm and its tools and equipment, or in salvaging timber or clearing land of brush and other debris left by a hurricane, if the major part of the service is performed on a farm.

            (3) In connection with the production or harvesting of any commodity defined as an agricultural commodity in section 15(g) of the Agricultural Marketing Act, 12 U.S.C. § 1141j, or in connection with the ginning of cotton, or in connection with the operation or maintenance of ditches, canals, reservoirs or waterways, not owned or operated for profit, used exclusively for supplying and storing water for farming purposes.

 


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ê2009 Statutes of Nevada, Page 1194 (Chapter 281, AB 124)ê

 

ginning of cotton, or in connection with the operation or maintenance of ditches, canals, reservoirs or waterways, not owned or operated for profit, used exclusively for supplying and storing water for farming purposes.

            (4) Except as otherwise provided in subsection 2, in the employ of the operator of a farm in handling, planting, drying, packing, packaging, processing, freezing, grading, storing or delivering to storage or to market, or to a carrier for transportation to market, in its unmanufactured state, any agricultural or horticultural commodity, but only if the operator produced more than one-half of the commodity with respect to which such service is performed.

            (5) Except as otherwise provided in subsection 2, in the employ of a group of operators of farms, or a cooperative organization of which such operators are members, in the performance of service described in subparagraph (4), but only if such operators produced more than one-half of the commodity with respect to which such service is performed.

            (6) On a farm operated for profit although the service is not in the course of the employer’s trade or business.

      2.  The provisions of subparagraphs (4) and (5) of paragraph (b) of subsection 1 do not apply to service performed in connection with commercial canning or commercial freezing or in connection with any agricultural or horticultural commodity after its delivery to a terminal market for distribution for consumption.

      3.  As used in this section, the term “farm” includes stock, dairy, poultry, fruit, fur-bearing animal and truck farms, plantations, ranches, nurseries, ranges, greenhouses or other similar structures used primarily for raising agricultural or horticultural commodities, and orchards.

      4.  The provisions of [this section] paragraph (b) of subsection 1 do not apply to services performed [before January 1, 1980,] by an alien admitted to the United States to perform agricultural labor pursuant to sections 214(c) and 101(a)(15)(H) of the Immigration and Nationality Act, 8 U.S.C. §§ 1184(c) and [1101(a)(15)(H)] 1101(a)(15)(H)(ii)(a), respectively [.] , unless the alien or the services are required to be covered by the Federal Unemployment Tax Act.

      Sec. 2.  This act becomes effective on July 1, 2009.

________

 


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ê2009 Statutes of Nevada, Page 1195ê

 

CHAPTER 282, AB 154

Assembly Bill No. 154–Assemblymen Munford, Denis, Segerblom; Bobzien, Dondero Loop, Ohrenschall, Parnell and Pierce

 

CHAPTER 282

 

AN ACT relating to education; revising provisions governing the establishment by the board of trustees of a school district of a policy prohibiting criminal gang activity on school property; and providing other matters properly relating thereto.

 

[Approved: May 28, 2009]

 

Legislative Counsel’s Digest:

      Existing law authorizes the boards of trustees of school districts to establish policies prohibiting the activities of criminal gangs on school property. (NRS 392.4635) This bill makes the establishment of that policy mandatory.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 392.4635 is hereby amended to read as follows:

      392.4635  1.  The board of trustees of each school district [may] shall establish a policy that prohibits the activities of criminal gangs on school property. [The policy may]

      2.  The policy established pursuant to subsection 1 may include, without limitation:

      (a) The provision of training for the prevention of the activities of criminal gangs on school property.

      (b) If the policy includes training:

            (1) A designation of the grade levels of the pupils who must receive the training.

            (2) A designation of the personnel who must receive the training, including, without limitation, personnel who are employed in schools at the grade levels designated pursuant to subparagraph (1).

Ê The board of trustees of each school district shall ensure that the training is provided to the pupils and personnel designated in the policy.

      (c) Provisions which prohibit:

      [(a)] (1) A pupil from wearing any clothing or carrying any symbol on school property that denotes membership in or an affiliation with a criminal gang; and

      [(b)] (2) Any activity that encourages participation in a criminal gang or facilitates illegal acts of a criminal gang.

      [2.  Each policy that prohibits the activities of criminal gangs on school property may]

      (d) Provisions which provide for the suspension or expulsion of pupils who violate the policy.

      3.  The board of trustees of each school district may develop the policy required pursuant to subsection 1 in consultation with:

      (a) Local law enforcement agencies;

      (b) School police officers, if any;

 


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ê2009 Statutes of Nevada, Page 1196 (Chapter 282, AB 154)ê

 

      (c) Persons who have experience regarding the actions and activities of criminal gangs;

      (d) Organizations which are dedicated to alleviating criminal gangs or assisting members of criminal gangs who wish to disassociate from the gang; and

      (e) Any other person deemed necessary by the board of trustees.

      4.  As used in this section, “criminal gang” has the meaning ascribed to it in NRS 213.1263.

      Sec. 2.  1.  On or before June 30, 2010, the board of trustees of each school district shall submit to the Legislative Committee on Education a report concerning the policy that prohibits the activities of criminal gangs on school property established pursuant to NRS 392.4635, as amended by section 1 of this act.

      2.  The report must include, without limitation:

      (a) A copy of the policy adopted by the board of trustees of the school district; and

      (b) A summary of the activities of the board of trustees to ensure that the policy is carried out.

      Sec. 3.  This act becomes effective on July 1, 2009.

________

 

CHAPTER 283, AB 179

Assembly Bill No. 179–Assemblymen Horne, Segerblom, Kihuen, Anderson; Aizley, Arberry, Atkinson, Buckley, Carpenter, Conklin, Dondero Loop, Hambrick, Hardy, Kirkpatrick, Manendo, Mastroluca, McArthur, McClain, Mortenson, Munford, Oceguera, Ohrenschall, Parnell, Pierce, Spiegel and Stewart

 

Joint Sponsors: Senators Parks, Care; Breeden, Coffin and Horsford

 

CHAPTER 283

 

AN ACT relating to criminal procedure; authorizing certain persons convicted of a category A or B felony to petition the court for postconviction genetic marker analysis; providing the information that must be contained in a petition for such postconviction genetic marker analysis; revising the circumstances under which genetic marker analysis must be performed for those persons; requiring certain notices to be provided to the victims of the crimes allegedly committed by those persons; and providing other matters properly relating thereto.

 

[Approved: May 28, 2009]

 

Legislative Counsel’s Digest:

      Existing law provides that a person convicted of a crime and sentenced to death may petition a court to conduct postconviction genetic marker analysis to prove a credible claim of innocence if the person meets certain requirements. For example, the person must show that the evidence has not previously been submitted to such analysis or that the method of analysis requested and the additional analysis may resolve an issue not resolved by previous analysis. (NRS 176.0918)

 


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ê2009 Statutes of Nevada, Page 1197 (Chapter 283, AB 179)ê

 

      Section 1 of this bill amends existing law to allow any person who is convicted of a category A or B felony and under a sentence of imprisonment, regardless of whether he is under a sentence of death, to petition the court for postconviction genetic marker analysis after meeting certain other requirements. This section provides that a petition must be made under penalty of perjury and must contain certain information. Further, this section provides for the court to determine whether to dismiss the petition, schedule a hearing or assign counsel to further review, supplement and present the petition to the court. This section also amends existing law to provide that genetic marker analysis may be performed on evidence previously submitted to analysis if: (1) the results of a previous analysis were inconclusive; (2) the evidence was not previously submitted to the type of analysis requested and the requested analysis may resolve an issue not resolved by the previous analysis; or (3) the requested analysis would provide results significantly more accurate and probative of the identity of the perpetrator. This section further requires the district attorney of the appropriate county, under certain circumstances, to notify the victims of the crime at issue in the petition of certain information related to the petition. (NRS 176.0918)

      Section 3 of this bill provides that the new procedures set forth in the bill apply to persons who were convicted of an offense before, on or after the effective date of this bill.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 176.0918 is hereby amended to read as follows:

      176.0918  1.  A person convicted of a [crime and under sentence of death] category A or B felony who is under sentence of imprisonment for that conviction and who otherwise meets the requirements of this section may file a postconviction petition requesting a genetic marker analysis of evidence within the possession or custody of the State which may contain genetic marker information relating to the investigation or prosecution that resulted in the judgment of conviction . [and sentence of death. The] If the case involves a sentence of death, the petition must include, without limitation, the date scheduled for the execution, if it has been scheduled.

      2.  Such a petition must be filed with the clerk of the district court for the county in which the petitioner was convicted on a form prescribed by the Department of Corrections. A copy of the petition must be served by registered mail upon:

      (a) The Attorney General; and

      (b) The district attorney in the county in which the petitioner was convicted.

      3.  A petition filed pursuant to this section must be accompanied by a declaration under penalty of perjury attesting that the information contained in the petition does not contain any material misrepresentation of fact and that the petitioner has a good faith basis relying on particular facts for the request. The petition must include, without limitation:

      (a) Information identifying specific evidence either known or believed to be in the possession or custody of the State that can be subject to genetic marker analysis;

      (b) The rationale for why a reasonable possibility exists that the petitioner would not have been prosecuted or convicted if exculpatory results had been obtained through a genetic marker analysis of the evidence identified in paragraph (a);

 


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ê2009 Statutes of Nevada, Page 1198 (Chapter 283, AB 179)ê

 

      (c) An identification of the type of genetic marker analysis the petitioner is requesting to be conducted on the evidence identified in paragraph (a);

      (d) If applicable, the results of all prior genetic marker analysis performed on evidence in the trial which resulted in the petitioner’s conviction; and

      (e) A statement that the type of genetic marker analysis the petitioner is requesting was not available at the time of trial or, if it was available, that the failure to request genetic marker analysis before the petitioner was convicted was not a result of a strategic or tactical decision as part of the representation of the petitioner at the trial.

      4.  If a petition is filed pursuant to this section, the court [shall] may:

      (a) Dismiss the petition without a hearing if the court determines, based on the information contained in the petition, that the petitioner does not meet the requirements set forth in this section;

      (b) After determining whether the petitioner is indigent pursuant to NRS 171.188 and whether counsel was appointed in the case which resulted in the conviction, appoint counsel for the limited purpose of reviewing, supplementing and presenting the petition to the court; or

      (c) Schedule a hearing on the petition. If the court schedules a hearing on the petition, the court shall determine which person or agency has possession or custody of the evidence and shall immediately issue an order requiring, during the pendency of the proceeding, each person or agency in possession or custody of the evidence to:

      [(a)] (1) Preserve all evidence within the possession or custody of the person or agency that may be subjected to genetic marker analysis pursuant to this section;

      [(b)] (2) Within [30] 90 days, prepare an inventory of all evidence relevant to the claims in the petition within the possession or custody of the person or agency that may be subjected to genetic marker analysis pursuant to this section; and

      [(c)] (3) Within [30] 90 days, submit a copy of the inventory to the petitioner, the prosecuting attorney and the court.

      [4.] 5.  Within [30] 90 days after the inventory of all evidence is prepared pursuant to subsection [3,] 4, the prosecuting attorney may file a written response to the petition with the court.

      [5.  The]

      6.  If the court [shall hold] holds a hearing on a petition filed pursuant to this section [.

      6.] , the hearing must be presided over by the judge who conducted the trial that resulted in the conviction of the petitioner, unless that judge is unavailable. Any evidence presented at the hearing by affidavit must be served on the opposing party at least 15 days before the hearing.

      7.  The court shall order a genetic marker analysis , after considering the information contained in the petition pursuant to subsection 3 and any other evidence, if the court finds that:

      (a) A reasonable possibility exists that the petitioner would not have been prosecuted or convicted if exculpatory results had been obtained through a genetic marker analysis of the evidence identified in the petition;

      (b) The evidence to be analyzed exists; and

      (c) [The] Except as otherwise provided in subsection 8, the evidence was not previously subjected to [:

 


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ê2009 Statutes of Nevada, Page 1199 (Chapter 283, AB 179)ê

 

            (1) A] a genetic marker analysis . [involving the petitioner; or

            (2) The method of analysis requested in the petition, and the method of additional analysis may resolve an issue not resolved by a previous analysis.]

      [7.] 8.  If the evidence was previously subjected to a genetic marker analysis, the court shall order a genetic marker analysis pursuant to subsection 7 if the court finds that:

      (a) The result of the previous analysis was inconclusive;

      (b) The evidence was not subjected to the type of analysis that is now requested and the requested analysis may resolve an issue not resolved by the previous analysis; or

      (c) The requested analysis would provide results that are significantly more accurate and probative of the identity of the perpetrator than the previous analysis.

      9.  If the court orders a genetic marker analysis pursuant to subsection [6,] 7 or 8, the court shall:

      (a) Order the analysis to be conducted promptly under reasonable conditions designed to protect the interest of the State and the petitioner in the integrity of the evidence and the analysis process.

      (b) Select a forensic laboratory to conduct or oversee the analysis. The forensic laboratory selected by the court must:

            (1) Be operated by this State or one of its political subdivisions, when possible; and

            (2) Satisfy the standards for quality assurance that are established for forensic laboratories by the Federal Bureau of Investigation.

      (c) Order the forensic laboratory selected pursuant to paragraph (b) to perform a genetic marker analysis of evidence. The analysis to be performed and evidence to be analyzed must:

            (1) Be specified in the order; and

            (2) Include such analysis, testing and comparison of genetic marker information contained in the evidence and the genetic marker information of the petitioner as the court determines appropriate under the circumstances.

      (d) Order the production of any reports that are prepared by a forensic laboratory in connection with the analysis and any data and notes upon which the report is based.

      (e) Order the preservation of evidence used in a genetic marker analysis performed pursuant to this section for purposes of a subsequent proceeding or analysis, if any.

      (f) Order the results of the genetic marker analysis performed pursuant to this section to be sent to the State Board of Parole Commissioners if the results of the genetic marker analysis are not favorable to the petitioner.

      [8.] 10.  If the results of a genetic marker analysis performed pursuant to this section are favorable to the petitioner:

      (a) The petitioner may bring a motion for a new trial based on the ground of newly discovered evidence pursuant to NRS 176.515; and

      (b) The restriction on the time for filing the motion set forth in subsection 3 of NRS 176.515 is not applicable.

      [9.] 11.  The court shall dismiss a petition filed pursuant to this section if:

      (a) The requirements for ordering a genetic marker analysis pursuant to this section are not satisfied; or

 


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ê2009 Statutes of Nevada, Page 1200 (Chapter 283, AB 179)ê

 

      (b) The results of a genetic marker analysis performed pursuant to this section are not favorable to the petitioner.

      [10.] 12.  For the purposes of a genetic marker analysis pursuant to this section, a person [under sentence of death] who files a petition pursuant to this section shall be deemed to consent to the:

      (a) Submission of a biological specimen by him to determine his genetic marker information; and

      (b) Release and use of genetic marker information concerning the petitioner.

      [11.  The]

      13.  The petitioner shall pay the cost of a genetic marker analysis performed pursuant to this section, unless the petitioner is incarcerated at the time he files the petition, found to be indigent pursuant to NRS 171.188 and the results of the genetic marker analysis are favorable to the petitioner. If the petitioner is not required to pay the cost of the analysis pursuant to this subsection, the expense of an analysis ordered pursuant to this section is a charge against the Department of Corrections and must be paid upon approval by the Board of State Prison Commissioners as other claims against the State are paid.

      [12.] 14.  The remedy provided by this section is in addition to, is not a substitute for and is not exclusive of any other remedy, right of action or proceeding available to a person convicted of a crime . [and under sentence of death.]

      15.  If a petitioner files a petition pursuant to this section, the court schedules a hearing on the petition and a victim of the crime for which the petitioner was convicted has requested notice pursuant to NRS 178.5698, the district attorney in the county in which the petitioner was convicted shall provide to the victim notice of:

      (a) The fact that the petitioner filed a petition pursuant to this section;

      (b) The time and place of the hearing scheduled by the court as a result of the petition; and

      (c) The outcome of any hearing on the petition.

      Sec. 2.  NRS 176.0919 is hereby amended to read as follows:

      176.0919  1.  After a judge grants a petition requesting a genetic marker analysis pursuant to NRS 176.0918, if the case involves a sentence of death and a judge determines that the genetic marker analysis cannot be completed before the date of the execution of the petitioner, the judge shall stay the execution of the judgment of death pending the results of the analysis.

      2.  If the case involves a sentence of death and the results of an analysis ordered and conducted pursuant to NRS 176.0918 are not favorable to the petitioner:

      (a) Except as otherwise provided in paragraph (b), the Director of the Department of Corrections shall, in due course, execute the judgment of death.

      (b) If the judgment of death has been stayed pursuant to subsection 1, the judge shall cause a certified copy of his order staying the execution of the judgment and a certified copy of the report of genetic marker analysis that indicates results which are not favorable to the petitioner to be immediately forwarded by the clerk of the court to the district attorney. Upon receipt, the district attorney shall pursue the issuance of a new warrant of execution of the judgment of death in the manner provided in NRS 176.495.

 


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ê2009 Statutes of Nevada, Page 1201 (Chapter 283, AB 179)ê

 

      Sec. 3.  This act applies to a person who was convicted of an offense before, on or after October 1, 2009.

________

 

CHAPTER 284, AB 186

Assembly Bill No. 186–Assemblymen Leslie, Bobzien, Pierce, Conklin; Kirkpatrick and Oceguera

 

CHAPTER 284

 

AN ACT relating to public utilities; revising the definition of “public utility” and “utility”; and providing other matters properly relating thereto.

 

[Approved: May 28, 2009]

 

Legislative Counsel’s Digest:

      This bill revises the definition of “public utility” and “utility” to exempt certain persons who own and operate renewable energy systems. (NRS 704.021)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 704.021 is hereby amended to read as follows:

      704.021  “Public utility” or “utility” does not include:

      1.  Persons engaged in the production and sale of natural gas, other than sales to the public, or engaged in the transmission of natural gas other than as a common carrier transmission or distribution line or system.

      2.  Persons engaged in the business of furnishing, for compensation, water or services for the disposal of sewage, or both, to persons within this State if:

      (a) They serve 25 persons or less; and

      (b) Their gross sales for water or services for the disposal of sewage, or both, amounted to $25,000 or less during the immediately preceding 12 months.

      3.  Persons not otherwise engaged in the business of furnishing, producing or selling water or services for the disposal of sewage, or both, but who sell or furnish water or services for the disposal of sewage, or both, as an accommodation in an area where water or services for the disposal of sewage, or both, are not available from a public utility, cooperative corporations and associations or political subdivisions engaged in the business of furnishing water or services for the disposal of sewage, or both, for compensation, to persons within the political subdivision.

      4.  Persons who are engaged in the production and sale of energy, including electricity, to public utilities, cities, counties or other entities which are reselling the energy to the public.

      5.  Persons who are subject to the provisions of NRS 590.465 to 590.645, inclusive.

      6.  Persons who are engaged in the sale or use of special fuel as defined in NRS 366.060.

      7.  Persons who provide water from water storage, transmission and treatment facilities if those facilities are for the storage, transmission or treatment of water from mining operations.

 


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ê2009 Statutes of Nevada, Page 1202 (Chapter 284, AB 186)ê

 

      8.  Persons who are video service providers, as defined in NRS 711.151, except for those operations of the video service provider which consist of providing a telecommunication service to the public, in which case the video service provider is a public utility only with regard to those operations of the video service provider which consist of providing a telecommunication service to the public.

      9.  Persons who for compensation own or operate individual systems which use renewable energy to generate electricity and sell the electricity generated from those systems to not more than one customer of a public utility per system if each individual system is:

      (a) Located on the premises of another person;

      (b) Used to produce not more than 150 percent of that other person’s requirements for electricity on an annual basis for the premises on which the individual system is located; and

      (c) Not part of a larger system that aggregates electricity generated from renewable energy for resale or use on premises other than the premises on which the individual system is located.

Ê As used in this subsection, “renewable energy” has the meaning ascribed to it in NRS 704.7811.

________

 

CHAPTER 285, AB 191

Assembly Bill No. 191–Assemblymen Denis, Kihuen, Parnell, Hardy; Anderson, Leslie and Smith

 

CHAPTER 285

 

AN ACT relating to education; revising provisions governing examinations of the height and weight of pupils enrolled in public schools; extending the prospective expiration of the requirement that those examinations be conducted; and providing other matters properly relating thereto.

 

[Approved: May 28, 2009]

 

Legislative Counsel’s Digest:

      Existing law requires each school to conduct physical examinations of pupils in certain grades to determine if a child has scoliosis, a visual or auditory problem or a gross physical defect, and to conduct examinations of the height and weight of a representative sample of pupils in certain grades. (NRS 392.420) The requirement for examinations of the height and weight of a representative sample of pupils in certain grades is scheduled to expire on June 30, 2010. (Chapter 414, Statutes of Nevada 2007, p. 1873) Section 2 of this bill extends the prospective expiration of the requirement that each school conduct examinations of the height and weight of a representative sample of pupils to June 30, 2015. Section 1 of this bill revises the grades in which the examinations of the height and weight of a representative sample of pupils are conducted to require each school district to conduct and report on the examinations for grades 4, 7 and 10 and authorizes a school district to conduct the examinations in other grade levels. (NRS 392.420)

 


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ê2009 Statutes of Nevada, Page 1203 (Chapter 285, AB 191)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 392.420 is hereby amended to read as follows:

      392.420  1.  In each school at which he is responsible for providing nursing services, a school nurse shall plan for and carry out, or supervise qualified health personnel in carrying out, a separate and careful observation and examination of every child who is regularly enrolled in a grade specified by the board of trustees or superintendent of schools of the school district in accordance with this subsection to determine whether the child has scoliosis, any visual or auditory problem, or any gross physical defect. The grades in which the observations and examinations must be carried out are as follows:

      (a) For visual and auditory problems:

            (1) Before the completion of the first year of initial enrollment in elementary school;

            (2) In at least one additional grade of the elementary schools; and

            (3) In one grade of the middle or junior high schools and one grade of the high schools; and

      (b) For scoliosis, in at least one grade of schools below the high schools.

Ê Any person other than a school nurse, including, without limitation, a person employed at a school to provide basic first aid and health services to pupils, who performs an observation or examination pursuant to this subsection must be trained by a school nurse to conduct the observation or examination.

      2.  In addition to the requirements of subsection 1, each school district shall conduct examinations of the height and weight of a representative sample of pupils enrolled in [at least one grade of the:

      (a) Elementary schools within the school district;

      (b) Middle schools or junior high schools within the school district; and

      (c) High schools] grades 4, 7 and 10 in the schools within the school district. In addition to those grade levels, a school district may conduct examinations of the height and weight of a representative sample of pupils enrolled in other grade levels within the school district.

Ê The Health Division of the Department of Health and Human Services shall define “representative sample” in collaboration with the school districts for purposes of this subsection.

      3.  If any child is attending school in a grade above one of the specified grades and has not previously received such an observation and examination, he must be included in the current schedule for observation and examination. Any child who is newly enrolled in the district must be examined for any medical condition for which children in a lower grade are examined.

      4.  A special examination for a possible visual or auditory problem must be provided for any child who:

      (a) Is enrolled in a special program;

      (b) Is repeating a grade;

      (c) Has failed an examination for a visual or auditory problem during the previous school year; or

      (d) Shows in any other way that he may have such a problem.

      5.  The school authorities shall notify the parent or guardian of any child who is found or believed to have scoliosis, any visual or auditory problem, or any gross physical defect, and shall recommend that appropriate medical attention be secured to correct it.

 


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ê2009 Statutes of Nevada, Page 1204 (Chapter 285, AB 191)ê

 

      6.  In any school district in which state, county or district public health services are available or conveniently obtainable, those services may be used to meet the responsibilities assigned under the provisions of this section. The board of trustees of the school district may employ qualified personnel to perform them. Any nursing services provided by such qualified personnel must be performed in compliance with chapter 632 of NRS.

      7.  The board of trustees of a school district may adopt a policy which encourages the school district and schools within the school district to collaborate with:

      (a) Qualified health care providers within the community to perform, or assist in the performance of, the services required by this section; and

      (b) Postsecondary educational institutions for qualified students enrolled in such an institution in a health-related program to perform, or assist in the performance of, the services required by this section.

      8.  The school authorities shall provide notice to the parent or guardian of a child before performing on the child the examinations required by this section. The notice must inform the parent or guardian of the right to exempt the child from all or part of the examinations. Any child must be exempted from an examination if his parent or guardian files with the teacher a written statement objecting to the examination.

      9.  [Each] Except as otherwise provided in this subsection, each school nurse or a designee of a school nurse, including, without limitation, a person employed at a school to provide basic first aid and health services to pupils, shall report the results of the examinations conducted pursuant to this section in each school at which he is responsible for providing services to the State Health Officer in the format prescribed by the State Health Officer. If a school district conducts examinations of the height and weight of a representative sample of pupils enrolled in grade levels other than the grade levels required by subsection 2, the results of those examinations must not be included in the report submitted to the State Health Officer. Each such report must exclude any identifying information relating to a particular child. The State Health Officer shall compile all such information he receives to monitor the health status of children and shall retain the information.

      Sec. 2.  Section 5 of chapter 414, Statutes of Nevada 2007, at page 1873, is hereby amended to read as follows:

      Sec. 5.  1.  This section and sections 1 and 4 of this act become effective on July 1, 2007.

      2.  Section 1 of this act expires by limitation on June 30, [2010.] 2015.

      3.  Section 2 of this act becomes effective on July 1, [2010.] 2015.

      Sec. 3.  (Deleted by amendment.)

      Sec. 4.  The Legislative Committee on Health Care shall, during the 2009-2010 interim, examine issues related to the weight and health of children, including, without limitation, any information reported to the State Health Officer pursuant to NRS 392.420, as amended by section 1 of this act. The Committee may identify programs, practices and studies to address the needs of children in this State related to maintaining a healthy weight.

      Sec. 5.  1.  This act becomes effective on July 1, 2009.

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

________

 


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ê2009 Statutes of Nevada, Page 1205ê

 

CHAPTER 286, AB 204

Assembly Bill No. 204–Assemblymen Spiegel, McClain; Aizley, Anderson, Arberry, Bobzien, Buckley, Christensen, Claborn, Conklin, Denis, Hardy, Kirkpatrick, Koivisto, Leslie, Manendo, Mastroluca, Munford, Parnell, Pierce, Segerblom, Smith, Stewart and Woodbury

 

Joint Sponsors: Senators Parks; Woodhouse

 

CHAPTER 286

 

AN ACT relating to common-interest communities; requiring the executive board of a unit owners’ association of a common-interest community to make available to each unit’s owner certain information concerning the association’s collection policy; extending the period of time certain liens have priority over certain other security interests; and providing other matters properly relating thereto.

 

[Approved: May 28, 2009]

 

Legislative Counsel’s Digest:

      Existing law provides that, not less than 30 days or more than 60 days before the beginning of the fiscal year of a unit owners’ association of a common-interest community, the executive board of the association must provide each unit’s owner with certain information pertaining to the budget of the association. (NRS 116.31151) Section 1 of this bill requires the executive board to also make available to each unit’s owner information pertaining to a policy established by the association for the collection of any fees, fines, assessments or costs imposed against a unit’s owner, including the unit’s owner’s responsibility to pay such fees, fines, assessments or costs and the rights of the association to recover the fees, fines, assessments or costs if the unit’s owner does not pay them.

      Under existing law, a unit-owners’ association of a common-interest community has priority over certain other creditors with respect to a lien on a unit for any construction penalty imposed against the unit’s owner, any assessment levied against the unit or certain fines imposed against the unit’s owner. Such a lien is also prior to a first security interest on the unit recorded before the assessments became delinquent to the extent of the assessments for common expenses based on the periodic budget adopted by the association which would have become due in the absence of acceleration during the 6 months preceding an action to enforce the lien. (NRS 116.3116) Section 2 of this bill changes the 6-month threshold for super priority of a lien for an association to 9 months, unless federal regulations adopted by the Federal Home Loan Mortgage Corporation or the Federal National Mortgage Association require a shorter period of priority for the lien. If such federal regulations require a shorter period, the period must be determined in accordance with the federal regulations, except that the period must not be less than the 6 months preceding an action to enforce the lien, as currently provided in existing law.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 116.31151 is hereby amended to read as follows:

      116.31151  1.  Except as otherwise provided in subsection 2 and unless the declaration of a common-interest community imposes more stringent standards, the executive board shall, not less than 30 days or more than 60 days before the beginning of the fiscal year of the association, prepare and distribute to each unit’s owner a copy of:

 


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ê2009 Statutes of Nevada, Page 1206 (Chapter 286, AB 204)ê

 

      (a) The budget for the daily operation of the association. The budget must include, without limitation, the estimated annual revenue and expenditures of the association and any contributions to be made to the reserve account of the association.

      (b) The budget to provide adequate funding for the reserves required by paragraph (b) of subsection 2 of NRS 116.3115. The budget must include, without limitation:

            (1) The current estimated replacement cost, estimated remaining life and estimated useful life of each major component of the common elements;

            (2) As of the end of the fiscal year for which the budget is prepared, the current estimate of the amount of cash reserves that are necessary, and the current amount of accumulated cash reserves that are set aside, to repair, replace or restore the major components of the common elements;

            (3) A statement as to whether the executive board has determined or anticipates that the levy of one or more special assessments will be necessary to repair, replace or restore any major component of the common elements or to provide adequate funding for the reserves designated for that purpose; and

            (4) A general statement describing the procedures used for the estimation and accumulation of cash reserves pursuant to subparagraph (2), including, without limitation, the qualifications of the person responsible for the preparation of the study of the reserves required by NRS 116.31152.

      2.  In lieu of distributing copies of the budgets of the association required by subsection 1, the executive board may distribute to each unit’s owner a summary of those budgets, accompanied by a written notice that:

      (a) The budgets are available for review at the business office of the association or some other suitable location within the county where the common-interest community is situated or, if it is situated in more than one county, within one of those counties; and

      (b) Copies of the budgets will be provided upon request.

      3.  Within 60 days after adoption of any proposed budget for the common-interest community, the executive board shall provide a summary of the proposed budget to each unit’s owner and shall set a date for a meeting of the units’ owners to consider ratification of the proposed budget not less than 14 days or more than 30 days after the mailing of the summaries. Unless at that meeting a majority of all units’ owners, or any larger vote specified in the declaration, reject the proposed budget, the proposed budget is ratified, whether or not a quorum is present. If the proposed budget is rejected, the periodic budget last ratified by the units’ owners must be continued until such time as the units’ owners ratify a subsequent budget proposed by the executive board.

      4.  The executive board shall, at the same time and in the same manner that the executive board makes the budget available to a unit’s owner pursuant to this section, make available to each unit’s owner the policy established for the association concerning the collection of any fees, fines, assessments or costs imposed against a unit’s owner pursuant to this chapter. The policy must include, without limitation:

      (a) The responsibility of the unit’s owner to pay any such fees, fines, assessments or costs in a timely manner; and

      (b) The association’s rights concerning the collection of such fees, fines, assessments or costs if the unit’s owner fails to pay the fees, fines, assessments or costs in a timely manner.

 


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ê2009 Statutes of Nevada, Page 1207 (Chapter 286, AB 204)ê

 

      Sec. 2.  NRS 116.3116 is hereby amended to read as follows:

      116.3116  1.  The association has a lien on a unit for any construction penalty that is imposed against the unit’s owner pursuant to NRS 116.310305, any assessment levied against that unit or any fines imposed against the unit’s owner from the time the construction penalty, assessment or fine becomes due. Unless the declaration otherwise provides, any penalties, fees, charges, late charges, fines and interest charged pursuant to paragraphs (j) to (n), inclusive, of subsection 1 of NRS 116.3102 are enforceable as assessments under this section. If an assessment is payable in installments, the full amount of the assessment is a lien from the time the first installment thereof becomes due.

      2.  A lien under this section is prior to all other liens and encumbrances on a unit except:

      (a) Liens and encumbrances recorded before the recordation of the declaration and, in a cooperative, liens and encumbrances which the association creates, assumes or takes subject to;

      (b) A first security interest on the unit recorded before the date on which the assessment sought to be enforced became delinquent or, in a cooperative, the first security interest encumbering only the unit’s owner’s interest and perfected before the date on which the assessment sought to be enforced became delinquent; and

      (c) Liens for real estate taxes and other governmental assessments or charges against the unit or cooperative.

Ê The lien is also prior to all security interests described in paragraph (b) to the extent of the assessments for common expenses based on the periodic budget adopted by the association pursuant to NRS 116.3115 which would have become due in the absence of acceleration during the [6] 9 months immediately preceding institution of an action to enforce the lien [.] , unless federal regulations adopted by the Federal Home Loan Mortgage Corporation or the Federal National Mortgage Association require a shorter period of priority for the lien. If federal regulations adopted by the Federal Home Loan Mortgage Corporation or the Federal National Mortgage Association require a shorter period of priority for the lien, the period during which the lien is prior to all security interests described in paragraph (b) must be determined in accordance with those federal regulations, except that notwithstanding the provisions of the federal regulations, the period of priority for the lien must not be less than the 6 months immediately preceding institution of an action to enforce the lien. This subsection does not affect the priority of mechanics’ or materialmen’s liens, or the priority of liens for other assessments made by the association.

      3.  Unless the declaration otherwise provides, if two or more associations have liens for assessments created at any time on the same property, those liens have equal priority.

      4.  Recording of the declaration constitutes record notice and perfection of the lien. No further recordation of any claim of lien for assessment under this section is required.

      5.  A lien for unpaid assessments is extinguished unless proceedings to enforce the lien are instituted within 3 years after the full amount of the assessments becomes due.

      6.  This section does not prohibit actions to recover sums for which subsection 1 creates a lien or prohibit an association from taking a deed in lieu of foreclosure.

 


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ê2009 Statutes of Nevada, Page 1208 (Chapter 286, AB 204)ê

 

      7.  A judgment or decree in any action brought under this section must include costs and reasonable attorney’s fees for the prevailing party.

      8.  The association, upon written request, shall furnish to a unit’s owner a statement setting forth the amount of unpaid assessments against the unit. If the interest of the unit’s owner is real estate or if a lien for the unpaid assessments may be foreclosed under NRS 116.31162 to 116.31168, inclusive, the statement must be in recordable form. The statement must be furnished within 10 business days after receipt of the request and is binding on the association, the executive board and every unit’s owner.

      9.  In a cooperative, upon nonpayment of an assessment on a unit, the unit’s owner may be evicted in the same manner as provided by law in the case of an unlawful holdover by a commercial tenant, and:

      (a) In a cooperative where the owner’s interest in a unit is real estate under NRS 116.1105, the association’s lien may be foreclosed under NRS 116.31162 to 116.31168, inclusive.

      (b) In a cooperative where the owner’s interest in a unit is personal property under NRS 116.1105, the association’s lien:

            (1) May be foreclosed as a security interest under NRS 104.9101 to 104.9709, inclusive; or

            (2) If the declaration so provides, may be foreclosed under NRS 116.31162 to 116.31168, inclusive.

________

 

CHAPTER 287, AB 205

Assembly Bill No. 205–Committee on Taxation

 

CHAPTER 287

 

AN ACT relating to the taxation of property; revising the provisions governing the calculation of certain partial abatements of taxes and the taxable value of improvements made on land, the designation of taxes on personal property as uncollectible and the taxation of open-space land; clarifying the provisions governing the notification, appeal and revision of the valuation of property on the unsecured tax roll; revising the requirements for certain segregation and statistical reports and projections of assessed value; delaying the required filing date for petitions for the review of certain determinations regarding the applicability of a partial abatement; postponing the prospective expiration of certain provisions for the funding of accounts for the acquisition and improvement of technology in the offices of county assessors; providing a penalty; and providing other matters properly relating thereto.

 

[Approved: May 28, 2009]

 

Legislative Counsel’s Digest:

      Sections 1 and 8 of this bill require a county assessor to make certain projections of assessed valuation of property for an upcoming fiscal year that had been made under existing law by the Department of Taxation. (NRS 361.390) Additionally, section 8 revises the dates when a county assessor must file with the Department certain statistical and segregation reports showing assessed values of property.

 


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ê2009 Statutes of Nevada, Page 1209 (Chapter 287, AB 205)ê

 

      Existing law provides a partial abatement of the property taxes levied on property for which an assessed valuation has previously been established, a remainder parcel of real property, certain single-family residences and certain residential rental dwellings. (NRS 361.4722, 361.4723, 361.4724) Sections 2 and 9-11 of this bill revise the formula for calculating the partial abatement in such a manner as to lower the cap on the tax liability of an owner of real property when the taxable value of the property is reduced as a result of the partial or complete destruction or removal of an improvement to the property or the correction of an overassessment of an improvement because of a factual error. Section 13 of this bill changes the date by which a petition must be filed for the review of a county assessor’s determination regarding the applicability of a partial abatement from January 15 to the last day of the fiscal year for which the determination is effective. (NRS 361.4734)

      Section 3 of this bill allows a county assessor, when determining the cost to replace an improvement on land for the purpose of calculating taxable value, to use the final plans, drawings and other representations prepared by the architect or builder of the improvement to establish its size or quantity. (NRS 361.227)

      Section 4 of this bill provides statutory clarification that a county assessor must provide notice of the assessed valuation of property on the secured tax roll on or before December 18 of the fiscal year in which the property is appraised or reappraised, but the individual tax bills provided to the owners of personal property billed on the unsecured tax roll serve as notification of the assessed valuation of that property. (NRS 361.300)

      Under existing law, a taxpayer desiring to appeal the assessment of property placed on the unsecured tax roll must, if the property was assessed after December 15 and on or before April 30, file that appeal with the State Board of Equalization on or before May 15. (NRS 361.360) Sections 5-7 of this bill provide statutory clarification that a taxpayer desiring to appeal the assessment of property on the unsecured tax roll which was assessed at any other time may file that appeal with the county board of equalization on or before January 15. (NRS 361.345, 361.356, 361.357)

      Existing law authorizes a county assessor to seize the personal property of a person who neglects or refuses to pay property taxes, and requires the county assessor to post a notice of the seizure within the immediate vicinity of the seized property before selling the property at public auction. (NRS 361.535) Section 14 of this bill makes it a gross misdemeanor for a person to remove, deface, cover or conceal that notice, or to move or sell, attempt to move or sell or assist another person to move or sell the seized property, before the delinquent taxes are paid.

      Existing law allows a county tax receiver to petition the board of county commissioners to designate certain taxes on personal property as uncollectible, thereby relieving the tax receiver from liability for the failure to collect those taxes. (NRS 361.5607) Section 15 of this bill revises the criteria under which such a petition is authorized to require in every case that all appropriate collection procedures were followed without success, and that either the taxes have been delinquent for at least 3 years or the amount of the taxes is $25 or less.

      Existing law requires the assessment of a golf course as open-space property and the payment of deferred property taxes when any open-space property is converted to a higher use. (NRS 361A.170, 361A.280) Sections 18-20 of this bill provide for the designation and classification of certain land regarding which the owner has granted and has outstanding a lease of surface water rights as open-space real property for the purposes of taxation. Section 22 of this bill specifies criteria for determining when a golf course becomes disqualified for open-space use assessment. (NRS 361A.230) Sections 16 and 25 of this bill clarify the amount of deferred property taxes due upon the conversion of any agricultural or open-space property to a higher use. Section 29 of this bill repeals a related section which provided the manner for determining the taxable value when agricultural land is converted to a higher use. (NRS 361A.155)

      Under existing law, 2 percent of the property taxes collected for each county on personal property and the net proceeds of mines must be deposited into an account for the acquisition and improvement of technology in the office of the county assessor. (NRS 361.530, 362.170) Sections 27, 28 and 29 of this bill provide for the continuation of this funding during the next biennium by postponing its prospective expiration until June 30, 2011.

 


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ê2009 Statutes of Nevada, Page 1210 (Chapter 287, AB 205)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 360.690 is hereby amended to read as follows:

      360.690  1.  Except as otherwise provided in NRS 360.730, the Executive Director shall estimate monthly the amount each local government, special district and enterprise district will receive from the Account pursuant to the provisions of this section.

      2.  The Executive Director shall establish a base monthly allocation for each local government, special district and enterprise district by dividing the amount determined pursuant to NRS 360.680 for each local government, special district and enterprise district by 12, and the State Treasurer shall, except as otherwise provided in subsections 3 to 8, inclusive, remit monthly that amount to each local government, special district and enterprise district.

      3.  If, after making the allocation to each enterprise district for the month, the Executive Director determines there is not sufficient money available in the county’s subaccount in the Account to allocate to each local government and special district the base monthly allocation determined pursuant to subsection 2, he shall prorate the money in the county’s subaccount and allocate to each local government and special district an amount equal to its proportionate percentage of the total amount of the base monthly allocations determined pursuant to subsection 2 for all local governments and special districts within the county. The State Treasurer shall remit that amount to the local government or special district.

      4.  Except as otherwise provided in subsections 5 to 8, inclusive, if the Executive Director determines that there is money remaining in the county’s subaccount in the Account after the base monthly allocation determined pursuant to subsection 2 has been allocated to each local government, special district and enterprise district, he shall immediately determine and allocate each:

      (a) Local government’s share of the remaining money by:

            (1) Multiplying one-twelfth of the amount allocated pursuant to NRS 360.680 by the sum of the:

                  (I) Average percentage of change in the population of the local government over the 5 fiscal years immediately preceding the year in which the allocation is made, as certified by the Governor pursuant to NRS 360.285, except as otherwise provided in subsection 9; and

                  (II) Average percentage of change in the assessed valuation of the taxable property in the local government, including assessed valuation attributable to a redevelopment agency but excluding the portion attributable to the net proceeds of minerals, over the year in which the allocation is made, as projected by the Department , [pursuant to NRS 361.390,] and the 4 fiscal years immediately preceding the year in which the allocation is made; and

            (2) Using the figure calculated pursuant to subparagraph (1) to calculate and allocate to each local government an amount equal to the proportion that the figure calculated pursuant to subparagraph (1) bears to the total amount of the figures calculated pursuant to subparagraph (1) of this paragraph and subparagraph (1) of paragraph (b), respectively, for the local governments and special districts located in the same county multiplied by the total amount available in the subaccount; and

 


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ê2009 Statutes of Nevada, Page 1211 (Chapter 287, AB 205)ê

 

      (b) Special district’s share of the remaining money by:

            (1) Multiplying one-twelfth of the amount allocated pursuant to NRS 360.680 by the average change in the assessed valuation of the taxable property in the special district, including assessed valuation attributable to a redevelopment agency but excluding the portion attributable to the net proceeds of minerals, over the year in which the allocation is made, as projected by the Department , [pursuant to NRS 361.390,] and the 4 fiscal years immediately preceding the year in which the allocation is made; and

            (2) Using the figure calculated pursuant to subparagraph (1) to calculate and allocate to each special district an amount equal to the proportion that the figure calculated pursuant to subparagraph (1) bears to the total amount of the figures calculated pursuant to subparagraph (1) of this paragraph and subparagraph (1) of paragraph (a), respectively, for the local governments and special districts located in the same county multiplied by the total amount available in the subaccount.

Ê The State Treasurer shall remit the amount allocated to each local government or special district pursuant to this subsection.

      5.  Except as otherwise provided in subsection 6 or 7, if the Executive Director determines that there is money remaining in the county’s subaccount in the Account after the base monthly allocation determined pursuant to subsection 2 has been allocated to each local government, special district and enterprise district and that the average amount over the 5 fiscal years immediately preceding the year in which the allocation is made of the assessed valuation of taxable property which is attributable to the net proceeds of minerals in the county is equal to at least $50,000,000 or that the average percentage of change in population of the county over the 5 fiscal years immediately preceding the year in which the allocation is made, as certified by the Governor pursuant to NRS 360.285, except as otherwise provided in subsection 9, is a negative figure or that the average amount over the 5 fiscal years immediately preceding the year in which the allocation is made of the assessed valuation of taxable property which is attributable to the net proceeds of minerals in the county is equal to at least $50,000,000 and the average percentage of change in population of the county over the 5 fiscal years immediately preceding the year in which the allocation is made, as certified by the Governor pursuant to NRS 360.285, except as otherwise provided in subsection 9, is a negative figure, he shall immediately determine and allocate each:

      (a) Local government’s share of the remaining money by:

            (1) Multiplying one-twelfth of the amount allocated pursuant to NRS 360.680 by 1 plus the sum of the:

                  (I) Average percentage of change in the population of the local government over the 5 fiscal years immediately preceding the year in which the allocation is made, as certified by the Governor pursuant to NRS 360.285, except as otherwise provided in subsection 9; and

                  (II) Average percentage of change in the assessed valuation of the taxable property in the local government, including assessed valuation attributable to a redevelopment agency but excluding the portion attributable to the net proceeds of minerals, over the year in which the allocation is made, as projected by the Department , [pursuant to NRS 361.390,] and the 4 fiscal years immediately preceding the year in which the allocation is made; and

            (2) Using the figure calculated pursuant to subparagraph (1) to calculate and allocate to each local government an amount equal to the proportion that the figure calculated pursuant to subparagraph (1) bears to the total amount of the figures calculated pursuant to subparagraph (1) of this paragraph and subparagraph (1) of paragraph (b), respectively, for the local governments and special districts located in the same county multiplied by the total amount available in the subaccount; and

 


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ê2009 Statutes of Nevada, Page 1212 (Chapter 287, AB 205)ê

 

proportion that the figure calculated pursuant to subparagraph (1) bears to the total amount of the figures calculated pursuant to subparagraph (1) of this paragraph and subparagraph (1) of paragraph (b), respectively, for the local governments and special districts located in the same county multiplied by the total amount available in the subaccount; and

      (b) Special district’s share of the remaining money by:

            (1) Multiplying one-twelfth of the amount allocated pursuant to NRS 360.680 by 1 plus the average change in the assessed valuation of the taxable property in the special district, including assessed valuation attributable to a redevelopment agency but excluding the portion attributable to the net proceeds of minerals, over the year in which the allocation is made, as projected by the Department , [pursuant to NRS 361.390,] and the 4 fiscal years immediately preceding the year in which the allocation is made; and

            (2) Using the figure calculated pursuant to subparagraph (1) to calculate and allocate to each special district an amount equal to the proportion that the figure calculated pursuant to subparagraph (1) bears to the total amount of the figures calculated pursuant to subparagraph (1) of this paragraph and subparagraph (1) of paragraph (a), respectively, for the local governments and special districts located in the same county multiplied by the total amount available in the subaccount.

Ê The State Treasurer shall remit the amount allocated to each local government or special district pursuant to this subsection.

      6.  Except as otherwise provided in subsection 8, if the Executive Director determines that there is money remaining in the county’s subaccount in the Account after the base monthly allocation determined pursuant to subsection 2 has been allocated to each local government, special district and enterprise district, that the sum of the average percentage of change in population and the average percentage of change in the assessed valuation of taxable property, as calculated pursuant to subparagraph (1) of paragraph (a) of subsection 4 for each of those local governments, is a negative figure, and that the average change in the assessed valuation of the taxable property in each of those special districts, as calculated pursuant to subparagraph (1) of paragraph (b) of subsection 4, is a negative figure, he shall immediately determine and allocate each:

      (a) Local government’s share of the remaining money by:

            (1) Multiplying one-twelfth of the amount allocated pursuant to NRS 360.680 by 1 plus the sum of the:

                  (I) Average percentage of change in the population of the local government over the 5 fiscal years immediately preceding the year in which the allocation is made, as certified by the Governor pursuant to NRS 360.285, except as otherwise provided in subsection 9; and

                  (II) Average percentage of change in the assessed valuation of the taxable property in the local government, including assessed valuation attributable to a redevelopment agency but excluding the portion attributable to the net proceeds of minerals, over the year in which the allocation is made, as projected by the Department , [pursuant to NRS 361.390,] and the 4 fiscal years immediately preceding the year in which the allocation is made; and

            (2) Using the figure calculated pursuant to subparagraph (1) to calculate and allocate to each local government an amount equal to the proportion that the figure calculated pursuant to subparagraph (1) bears to the total amount of the figures calculated pursuant to subparagraph (1) of this paragraph and subparagraph (1) of paragraph (b), respectively, for the local governments and special districts located in the same county multiplied by the total amount available in the subaccount; and

 


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ê2009 Statutes of Nevada, Page 1213 (Chapter 287, AB 205)ê

 

governments and special districts located in the same county multiplied by the total amount available in the subaccount; and

      (b) Special district’s share of the remaining money by:

            (1) Multiplying one-twelfth of the amount allocated pursuant to NRS 360.680 by 1 plus the average change in the assessed valuation of the taxable property in the special district, including assessed valuation attributable to a redevelopment agency but excluding the portion attributable to the net proceeds of minerals, over the year in which the allocation is made, as projected by the Department , [pursuant to NRS 361.390,] and the 4 fiscal years immediately preceding the year in which the allocation is made; and

            (2) Using the figure calculated pursuant to subparagraph (1) to calculate and allocate to each special district an amount equal to the proportion that the figure calculated pursuant to subparagraph (1) bears to the total amount of the figures calculated pursuant to subparagraph (1) of this paragraph and subparagraph (1) of paragraph (a), respectively, for the local governments and special districts located in the same county multiplied by the total amount available in the subaccount.

Ê The State Treasurer shall remit the amount allocated to each local government or special district pursuant to this subsection.

      7.  Except as otherwise provided in subsection 8, if the Executive Director determines that there is money remaining in the county’s subaccount in the Account after the base monthly allocation determined pursuant to subsection 2 has been allocated to each local government, special district and enterprise district, that the sum of the average percentage of change in population and the average percentage of change in the assessed valuation of taxable property, as calculated pursuant to subparagraph (1) of paragraph (a) of subsection 4 for each of those local governments, is a negative figure, and that the average change in the assessed valuation of the taxable property in any of those special districts, as calculated pursuant to subparagraph (1) of paragraph (b) of subsection 4, is a positive figure, he shall immediately determine and allocate each:

      (a) Local government’s share of the remaining money by:

            (1) Multiplying one-twelfth of the amount allocated pursuant to NRS 360.680 by 1 plus the sum of the:

                  (I) Average percentage of change in the population of the local government over the 5 fiscal years immediately preceding the year in which the allocation is made, as certified by the Governor pursuant to NRS 360.285, except as otherwise provided in subsection 9; and

                  (II) Average percentage of change in the assessed valuation of the taxable property in the local government, including assessed valuation attributable to a redevelopment agency but excluding the portion attributable to the net proceeds of minerals, over the year in which the allocation is made, as projected by the Department , [pursuant to NRS 361.390,] and the 4 fiscal years immediately preceding the year in which the allocation is made; and

            (2) Using the figure calculated pursuant to subparagraph (1) to calculate and allocate to each local government an amount equal to the proportion that the figure calculated pursuant to subparagraph (1) bears to the total amount of the figures calculated pursuant to subparagraph (1) of this paragraph and subparagraph (1) of paragraph (b), respectively, for the local governments and special districts located in the same county multiplied by the total amount available in the subaccount; and

 


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ê2009 Statutes of Nevada, Page 1214 (Chapter 287, AB 205)ê

 

      (b) Special district’s share of the remaining money by:

            (1) Multiplying one-twelfth of the amount allocated pursuant to NRS 360.680 by 1 plus the sum of the:

                  (I) Average percentage of change in the population of the county over the 5 fiscal years immediately preceding the year in which the allocation is made, as certified by the Governor pursuant to NRS 360.285, except as otherwise provided in subsection 9; and

                  (II) Average change in the assessed valuation of the taxable property in the special district, including assessed valuation attributable to a redevelopment agency but excluding the portion attributable to the net proceeds of minerals, over the year in which the allocation is made, as projected by the Department , [pursuant to NRS 361.390,] and the 4 fiscal years immediately preceding the year in which the allocation is made; and

            (2) Using the figure calculated pursuant to subparagraph (1) to calculate and allocate to each special district an amount equal to the proportion that the figure calculated pursuant to subparagraph (1) bears to the total amount of the figures calculated pursuant to subparagraph (1) of this paragraph and subparagraph (1) of paragraph (a), respectively, for the local governments and special districts located in the same county multiplied by the total amount available in the subaccount.

Ê The State Treasurer shall remit the amount allocated to each local government or special district pursuant to this subsection.

      8.  The Executive Director shall not allocate any amount to a local government or special district pursuant to subsection 4, 5, 6 or 7 unless the amount distributed and allocated to each of the local governments and special districts in the county in each preceding month of the fiscal year in which the allocation is to be made was at least equal to the base monthly allocation determined pursuant to subsection 2. If the amounts distributed to the local governments and special districts in the county for the preceding months of the fiscal year in which the allocation is to be made were less than the base monthly allocation determined pursuant to subsection 2 and the Executive Director determines there is money remaining in the county’s subaccount in the Account after the distribution for the month has been made, he shall:

      (a) Determine the amount by which the base monthly allocations determined pursuant to subsection 2 for each local government and special district in the county for the preceding months of the fiscal year in which the allocation is to be made exceeds the amounts actually received by the local governments and special districts in the county for the same period; and

      (b) Compare the amount determined pursuant to paragraph (a) to the amount of money remaining in the county’s subaccount in the Account to determine which amount is greater.

Ê If the Executive Director determines that the amount determined pursuant to paragraph (a) is greater, he shall allocate the money remaining in the county’s subaccount in the Account pursuant to the provisions of subsection 3. If the Executive Director determines that the amount of money remaining in the county’s subaccount in the Account is greater, he shall first allocate the money necessary for each local government and special district to receive the base monthly allocation determined pursuant to subsection 2 and the State Treasurer shall remit that money so allocated. The Executive Director shall allocate any additional money in the county’s subaccount in the Account pursuant to the provisions of subsection 4, 5, 6 or 7, as appropriate.

 


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ê2009 Statutes of Nevada, Page 1215 (Chapter 287, AB 205)ê

 

      9.  The percentage changes in population calculated pursuant to subsections 4 to 7, inclusive, must:

      (a) Except as otherwise provided in paragraph (c), if the Bureau of the Census of the United States Department of Commerce issues population totals that conflict with the totals certified by the Governor pursuant to NRS 360.285, be an estimate of the change in population for the calendar year, based upon the population totals issued by the Bureau of the Census.

      (b) If a new method of determining population is established pursuant to NRS 360.283, be adjusted in a manner that will result in the percentage change being based on population determined pursuant to the new method for both the fiscal year in which the allocation is made and the fiscal year immediately preceding the year in which the allocation is made.

      (c) If a local government files a formal appeal with the Bureau of the Census concerning the population total of the local government issued by the Bureau of the Census, be calculated using the population total certified by the Governor pursuant to NRS 360.285 until the appeal is resolved. If additional money is allocated to the local government because the population total certified by the Governor is greater than the population total issued by the Bureau of the Census, the State Treasurer shall deposit that additional money in a separate interest-bearing account. Upon resolution of the appeal, if the population total finally determined pursuant to the appeal is:

            (1) Equal to or less than the population total initially issued by the Bureau of the Census, the State Treasurer shall transfer the total amount in the separate interest-bearing account, including interest but excluding any administrative fees, to the Local Government Tax Distribution Account for allocation among the local governments in the county pursuant to subsection 4, 5, 6 or 7, as appropriate.

            (2) Greater than the population total initially issued by the Bureau of the Census, the Executive Director shall calculate the amount that would have been allocated to the local government pursuant to subsection 4, 5, 6 or 7, as appropriate, if the population total finally determined pursuant to the appeal had been used and the State Treasurer shall remit to the local government an amount equal to the difference between the amount actually distributed and the amount calculated pursuant to this subparagraph or the total amount in the separate interest-bearing account, including interest but excluding any administrative fees, whichever is less.

      10.  On or before February 15 of each year, the Executive Director shall provide to each local government, special district and enterprise district a preliminary estimate of the revenue it will receive from the Account for that fiscal year.

      11.  On or before March 15 of each year, the Executive Director shall:

      (a) Make an estimate of the receipts from each tax included in the Account on an accrual basis for the next fiscal year in accordance with generally accepted accounting principles, including an estimate for each county of the receipts from each tax included in the Account; and

      (b) Provide to each local government, special district and enterprise district an estimate of the amount that local government, special district or enterprise district would receive based upon the estimate made pursuant to paragraph (a) and calculated pursuant to the provisions of this section.

      12.  A local government, special district or enterprise district may use the estimate provided by the Executive Director pursuant to subsection 11 in the preparation of its budget.

 


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ê2009 Statutes of Nevada, Page 1216 (Chapter 287, AB 205)ê

 

      Sec. 2.  Chapter 361 of NRS is hereby amended by adding thereto a new section to read as follows:

      If the taxable value of an improvement to real property is reduced as a result of:

      1.  The partial or complete destruction or removal of the improvement; or

      2.  The correction pursuant to NRS 361.768 of an overassessment of the improvement because of a factual error,

Ê then for the purpose of calculating the amount of any partial abatement to which the owner of the real property is entitled pursuant to NRS 361.4722, 361.4723 or 361.4724 for the initial fiscal year for which that reduction in taxable value applies, the amount determined for the immediately preceding fiscal year pursuant to paragraph (a) of subsection 1 of NRS 361.4722, paragraph (a) of subsection 2 of NRS 361.4722, paragraph (a) of subsection 1 of NRS 361.4723 or paragraph (a) of subsection 1 of NRS 361.4724, as applicable, must be reduced by the same percentage as the taxable value of the real property is reduced for that initial fiscal year as a result of the partial or complete destruction or removal of the improvement to the property or the correction of the overassessment of the improvement to the property.

      Sec. 3.  NRS 361.227 is hereby amended to read as follows:

      361.227  1.  Any person determining the taxable value of real property shall appraise:

      (a) The full cash value of:

            (1) Vacant land by considering the uses to which it may lawfully be put, any legal or physical restrictions upon those uses, the character of the terrain, and the uses of other land in the vicinity.

            (2) Improved land consistently with the use to which the improvements are being put.

      (b) Any improvements made on the land by subtracting from the cost of replacement of the improvements all applicable depreciation and obsolescence. Depreciation of an improvement made on real property must be calculated at 1.5 percent of the cost of replacement for each year of adjusted actual age of the improvement, up to a maximum of 50 years.

      2.  The unit of appraisal must be a single parcel unless:

      (a) The location of the improvements causes two or more parcels to function as a single parcel;

      (b) The parcel is one of a group of contiguous parcels which qualifies for valuation as a subdivision pursuant to the regulations of the Nevada Tax Commission; or

      (c) In the professional judgment of the person determining the taxable value, the parcel is one of a group of parcels which should be valued as a collective unit.

      3.  The taxable value of a leasehold interest, possessory interest, beneficial interest or beneficial use for the purpose of NRS 361.157 or 361.159 must be determined in the same manner as the taxable value of the property would otherwise be determined if the lessee or user of the property was the owner of the property and it was not exempt from taxation, except that the taxable value so determined must be reduced by a percentage of the taxable value that is equal to the:

      (a) Percentage of the property that is not actually leased by the lessee or used by the user during the fiscal year; and

 


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ê2009 Statutes of Nevada, Page 1217 (Chapter 287, AB 205)ê

 

      (b) Percentage of time that the property is not actually leased by the lessee or used by the user during the fiscal year, which must be determined in accordance with NRS 361.2275.

      4.  The taxable value of other taxable personal property, except a mobile or manufactured home, must be determined by subtracting from the cost of replacement of the property all applicable depreciation and obsolescence. Depreciation of a billboard must be calculated at 1.5 percent of the cost of replacement for each year after the year of acquisition of the billboard, up to a maximum of 50 years.

      5.  The computed taxable value of any property must not exceed its full cash value. Each person determining the taxable value of property shall reduce it if necessary to comply with this requirement. A person determining whether taxable value exceeds that full cash value or whether obsolescence is a factor in valuation may consider:

      (a) Comparative sales, based on prices actually paid in market transactions.

      (b) A summation of the estimated full cash value of the land and contributory value of the improvements.

      (c) Capitalization of the fair economic income expectancy or fair economic rent, or an analysis of the discounted cash flow.

Ê A county assessor is required to make the reduction prescribed in this subsection if the owner calls to his attention the facts warranting it, if he discovers those facts during physical reappraisal of the property or if he is otherwise aware of those facts.

      6.  The Nevada Tax Commission shall, by regulation, establish:

      (a) Standards for determining the cost of replacement of improvements of various kinds.

      (b) Standards for determining the cost of replacement of personal property of various kinds. The standards must include a separate index of factors for application to the acquisition cost of a billboard to determine its replacement cost.

      (c) Schedules of depreciation for personal property based on its estimated life.

      (d) Criteria for the valuation of two or more parcels as a subdivision.

      7.  In determining , for the purpose of computing taxable value, the cost of replacement of :

      (a) Any personal property , [for the purpose of computing taxable value,] the cost of all improvements of the personal property, including any additions to or renovations of the personal property, but excluding routine maintenance and repairs, must be added to the cost of acquisition of the personal property.

      (b) An improvement made on land, a county assessor may use any final representations of the improvement prepared by the architect or builder of the improvement, including, without limitation, any final building plans, drawings, sketches and surveys, and any specifications included in such representations, as a basis for establishing any relevant measurements of size or quantity.

      8.  The county assessor shall, upon the request of the owner, furnish within 15 days to the owner a copy of the most recent appraisal of the property, including, without limitation, copies of any sales data, materials presented on appeal to the county board of equalization or State Board of Equalization and other materials used to determine or defend the taxable value of the property.

 


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ê2009 Statutes of Nevada, Page 1218 (Chapter 287, AB 205)ê

 

      9.  The provisions of this section do not apply to property which is assessed pursuant to NRS 361.320.

      Sec. 4.  NRS 361.300 is hereby amended to read as follows:

      361.300  1.  On or before January 1 of each year, the county assessor shall transmit to the county clerk, post at the front door of the courthouse and publish in a newspaper published in the county a notice to the effect that the secured tax roll is completed and open for inspection by interested persons of the county.

      2.  If the county assessor fails to complete the assessment roll in the manner and at the time specified in this section, the board of county commissioners shall not allow him a salary or other compensation for any day after January 1 during which the roll is not completed, unless excused by the board of county commissioners.

      3.  Except as otherwise provided in subsection 4, each board of county commissioners shall by resolution, before December 1 of any fiscal year in which assessment is made, require the county assessor to prepare a list of all the taxpayers on the secured roll in the county and the total valuation of property on which they severally pay taxes and direct the county assessor:

      (a) To cause such list and valuations to be printed and delivered by the county assessor or mailed by him on or before January 1 of the fiscal year in which assessment is made to each taxpayer in the county; or

      (b) To cause such list and valuations to be published once on or before January 1 of the fiscal year in which assessment is made in a newspaper of general circulation in the county.

Ê In addition to complying with paragraph (a) or (b), the list and valuations may also be posted in a public area of the public libraries and branch libraries located in the county, in a public area of the county courthouse and the county office building in which the county assessor’s office is located, and on a website or other Internet site that is operated or administered by or on behalf of the county or county assessor.

      4.  A board of county commissioners may, in the resolution required by subsection 3, authorize the county assessor not to deliver or mail the list, as provided in paragraph (a) of subsection 3, to taxpayers whose property is assessed at $1,000 or less and direct the county assessor to mail to each such taxpayer a statement of the amount of his assessment. Failure by a taxpayer to receive such a mailed statement does not invalidate any assessment.

      5.  The several boards of county commissioners in the State may allow the bill contracted with their approval by the county assessor under this section on a claim to be allowed and paid as are other claims against the county.

      6.  Whenever :

      (a) Any property on the secured tax roll is appraised or reappraised pursuant to NRS 361.260, the county assessor shall, on or before December 18 of the fiscal year in which the appraisal or reappraisal is made, deliver or mail to each owner of such property a written notice stating the assessed valuation of the property as determined from the appraisal or reappraisal.

      (b) Any personal property billed on the unsecured tax roll is appraised or reappraised pursuant to NRS 361.260, the delivery or mailing to the owner of such property of an individual tax bill or individual tax notice for the property shall be deemed to constitute adequate notice to the owner of the assessed valuation of the property as determined from the appraisal or reappraisal.

 


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ê2009 Statutes of Nevada, Page 1219 (Chapter 287, AB 205)ê

 

      7.  If the secured tax roll is changed pursuant to NRS 361.310, the county assessor shall mail an amended notice of assessed valuation to each affected taxpayer. The notice must include:

      (a) The information set forth in subsection 6 for the new assessed valuation.

      (b) The dates for appealing the new assessed valuation.

      8.  Failure by the taxpayer to receive a notice required by this section does not invalidate the appraisal or reappraisal.

      9.  In addition to complying with subsections 6 and 7, a county assessor shall:

      (a) Provide without charge a copy of a notice of assessed valuation to the owner of the property upon request.

      (b) Post the information included in a notice of assessed valuation on a website or other Internet site, if any, that is operated or administered by or on behalf of the county or the county assessor.

      Sec. 5.  NRS 361.345 is hereby amended to read as follows:

      361.345  1.  Except as otherwise provided in subsection 2, the county board of equalization may [determine] :

      (a) Determine the valuation of any real or personal property placed on:

            (1) The secured tax roll which was assessed by the county assessor [, and may change] ; or

            (2) The unsecured tax roll which was assessed by the county assessor on or after May 1 and on or before December 15; and

      (b) Change and correct any valuation found to be incorrect either by adding thereto or by deducting therefrom such sum as is necessary to make it conform to the taxable value of the property assessed, whether that valuation was fixed by the owner or the county assessor. The county board of equalization may not reduce the assessment of the county assessor unless it is established by a preponderance of the evidence that the valuation established by the county assessor exceeds the full cash value of the property or is inequitable. A change so made is effective only for the fiscal year for which the assessment was made. The county assessor shall each year review all such changes made for the previous fiscal year and maintain or remove each change as circumstances warrant.

      2.  If a person complaining of the assessment of his property:

      (a) Has refused or, without good cause, has neglected to give the county assessor his list under oath, as required by NRS 361.265; or

      (b) Has, without good cause, refused entry to the assessor for the purpose of conducting the physical examination required by NRS 361.260,

Ê the county assessor shall make a reasonable estimate of the property and assess it accordingly. No reduction may be made by the county board of equalization from the assessment of the county assessor made pursuant to this subsection.

      3.  If the county board of equalization finds it necessary to add to the assessed valuation of any property on the assessment roll, it shall direct the clerk to give notice to the person so interested by registered or certified letter, or by personal service, naming the day when it will act on the matter and allowing a reasonable time for the interested person to appear.

      Sec. 6.  NRS 361.356 is hereby amended to read as follows:

      361.356  1.  An owner of any real or personal property placed on:

      (a) The secured tax roll who believes that his property was assessed at a higher value than another property whose use is identical and whose location is comparable may appeal the assessment, on or before January 15 of the fiscal year in which the assessment was made, to the county board of equalization.

 


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ê2009 Statutes of Nevada, Page 1220 (Chapter 287, AB 205)ê

 

is comparable may appeal the assessment, on or before January 15 of the fiscal year in which the assessment was made, to the county board of equalization. If January 15 falls on a Saturday, Sunday or legal holiday, the appeal may be filed on the next business day.

      (b) The unsecured tax roll which was assessed on or after May 1 and on or before December 15 who believes that his property was assessed at a higher value than another property whose use is identical and whose location is comparable may appeal the assessment, on or before the following January 15, to the county board of equalization. If January 15 falls on a Saturday, Sunday or legal holiday, the appeal may be filed on the next business day.

      2.  Before a person may file an appeal pursuant to subsection 1, the person must complete a form provided by the county assessor to appeal the assessment to the county board of equalization. The county assessor may, before providing such a form, require the person requesting the form to provide the parcel number or other identification number of the property that is the subject of the planned appeal.

      3.  If the board finds that an inequity exists in the assessment of the value of the land or the value of the improvements, or both, the board may add to or deduct from the value of the land or the value of the improvements, or both, either of the appellant’s property or of the property to which it is compared, to equalize the assessment.

      4.  In the case of residential property, the appellant shall cite other property within the same subdivision if possible.

      Sec. 7.  NRS 361.357 is hereby amended to read as follows:

      361.357  1.  The owner of any real or personal property placed on:

      (a) The secured tax roll who believes that the full cash value of his property is less than the taxable value computed for the property in the current assessment year [,] may, not later than January 15 of the fiscal year in which the assessment was made, appeal to the county board of equalization. If January 15 falls on a Saturday, Sunday or legal holiday, the appeal may be filed on the next business day.

      (b) The unsecured tax roll which was assessed on or after May 1 and on or before December 15 who believes that the full cash value of his property is less than the taxable value computed for the property in the current assessment year may, not later than the following January 15, appeal to the county board of equalization. If January 15 falls on a Saturday, Sunday or legal holiday, the appeal may be filed on the next business day.

      2.  Before a person may file an appeal pursuant to subsection 1, the person must complete a form provided by the county assessor to appeal the assessment to the county board of equalization. The county assessor may, before providing such a form, require the person requesting the form to provide the parcel number or other identification number of the property that is the subject of the planned appeal.

      3.  If the county board of equalization finds that the full cash value of the property on January 1 immediately preceding the fiscal year for which the taxes are levied is less than the taxable value computed for the property, the board shall correct the land value or fix a percentage of obsolescence to be deducted from the otherwise computed taxable value of the improvements, or both, to make the taxable value of the property correspond as closely as possible to its full cash value.

 


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ê2009 Statutes of Nevada, Page 1221 (Chapter 287, AB 205)ê

 

      4.  No appeal under this section may result in an increase in the taxable value of the property.

      Sec. 8.  NRS 361.390 is hereby amended to read as follows:

      361.390  Each county assessor shall:

      1.  File with or cause to be filed with the Secretary of the State Board of Equalization, on or before March 10 of each year, the tax roll, or a true copy thereof, of his county for the current year as corrected by the county board of equalization.

      2.  Prepare and file with the Department on or before January 31, [and again on or before] March 5 and October 31 of each year, a segregation report showing the assessed values for each taxing entity within the county on a form prescribed by the Department. The assessor shall make [any] projections [required] of assessed value for the current fiscal year [.] and the upcoming fiscal year regarding real and personal property for which the taxable value is determined by the assessor. The Department shall make any projections required for the upcoming fiscal year [.] regarding the net proceeds of minerals and any property for which the taxable value is determined by the Nevada Tax Commission.

      3.  Prepare and file with the Department on or before [July 31 for the secured roll and on or before] May 5 for the unsecured roll, on or before August 10 for the secured roll, and on or before October 31 for the unsecured roll and the secured roll, a statistical report showing values for all categories of property on a form prescribed by the Department.

      Sec. 9.  NRS 361.4722 is hereby amended to read as follows:

      361.4722  1.  Except as otherwise provided in or required to carry out the provisions of subsection 3 and NRS 361.4725 to 361.4728, inclusive, and section 2 of this act, the owner of any parcel or other taxable unit of property, including property entered on the central assessment roll, for which an assessed valuation was separately established for the immediately preceding fiscal year is entitled to a partial abatement of the ad valorem taxes levied in a county on that property each fiscal year equal to the amount by which the product of the combined rate of all ad valorem taxes levied in that county on the property for that fiscal year and the amount of the assessed valuation of the property which is taxable in that county for that fiscal year, excluding any increase in the assessed valuation of the property from the immediately preceding fiscal year as a result of any improvement to or change in the actual or authorized use of the property, exceeds the sum obtained by adding:

      (a) The amount of all the ad valorem taxes:

            (1) Levied in that county on the property for the immediately preceding fiscal year; or

            (2) Which would have been levied in that county on the property for the immediately preceding fiscal year if not for any exemptions from taxation that applied to the property for that prior fiscal year but do not apply to the property for the current fiscal year,

Ê whichever is greater; and

      (b) A percentage of the amount determined pursuant to paragraph (a) which is equal to:

            (1) The greater of:

                  (I) The average percentage of change in the assessed valuation of all the taxable property in the county, as determined by the Department, over the fiscal year in which the levy is made and the 9 immediately preceding fiscal years;

 


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ê2009 Statutes of Nevada, Page 1222 (Chapter 287, AB 205)ê

 

                  (II) Twice the percentage of increase in the Consumer Price Index for all Urban Consumers, U.S. City Average (All Items) for the immediately preceding calendar year; or

                  (III) Zero; or

            (2) Eight percent,

Ê whichever is less.

      2.  Except as otherwise provided in or required to carry out the provisions of NRS 361.4725 to 361.4728, inclusive, and section 2 of this act, the owner of any remainder parcel of real property for which no assessed valuation was separately established for the immediately preceding fiscal year, is entitled to a partial abatement of the ad valorem taxes levied in a county on that property for a fiscal year equal to the amount by which the product of the combined rate of all ad valorem taxes levied in that county on the property for that fiscal year and the amount of the assessed valuation of the property which is taxable in that county for that fiscal year, excluding any amount of that assessed valuation attributable to any improvement to or change in the actual or authorized use of the property that would not have been included in the calculation of the assessed valuation of the property for the immediately preceding fiscal year if an assessed valuation had been separately established for that property for that prior fiscal year, exceeds the sum obtained by adding:

      (a) The amount of all the ad valorem taxes:

            (1) Which would have been levied in that county on the property for the immediately preceding fiscal year if an assessed valuation had been separately established for that property for that prior fiscal year based upon all the assumptions, costs, values, calculations and other factors and considerations that would have been used for the valuation of that property for that prior fiscal year; or

            (2) Which would have been levied in that county on the property for the immediately preceding fiscal year if an assessed valuation had been separately established for that property for that prior fiscal year based upon all the assumptions, costs, values, calculations and other factors and considerations that would have been used for the valuation of that property for that prior fiscal year, and if not for any exemptions from taxation that applied to the property for that prior fiscal year but do not apply to the property for the current fiscal year,

Ê whichever is greater; and

      (b) A percentage of the amount determined pursuant to paragraph (a) which is equal to:

            (1) The greater of:

                  (I) The average percentage of change in the assessed valuation of all the taxable property in the county, as determined by the Department, over the fiscal year in which the levy is made and the 9 immediately preceding fiscal years;

                  (II) Twice the percentage of increase in the Consumer Price Index for all Urban Consumers, U.S. City Average (All Items) for the immediately preceding calendar year; or

                  (III) Zero; or

            (2) Eight percent,

Ê whichever is less.

 


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ê2009 Statutes of Nevada, Page 1223 (Chapter 287, AB 205)ê

 

      3.  The provisions of subsection 1 do not apply to any property for which the provisions of subsection 1 of NRS 361.4723 or subsection 1 of NRS 361.4724 provide a greater abatement from taxation.

      4.  Except as otherwise required to carry out the provisions of NRS 361.4732 and any regulations adopted pursuant to NRS 361.4733, the amount of any reduction in the ad valorem taxes levied in a county for a fiscal year as a result of the application of the provisions of subsections 1 and 2 must be deducted from the amount of ad valorem taxes each taxing entity would otherwise be entitled to receive for that fiscal year in the same proportion as the rate of ad valorem taxes levied in the county on the property by or on behalf of that taxing entity for that fiscal year bears to the combined rate of all ad valorem taxes levied in the county on the property by or on behalf of all taxing entities for that fiscal year.

      5.  The Nevada Tax Commission shall adopt such regulations as it deems appropriate to ensure that this section is carried out in a uniform and equal manner.

      6.  For the purposes of this section, “remainder parcel of real property” means a parcel of real property which remains after the creation of new parcels of real property for development from one or more existing parcels of real property, if the use of that remaining parcel has not changed from the immediately preceding fiscal year.

      Sec. 10.  NRS 361.4723 is hereby amended to read as follows:

      361.4723  The Legislature hereby finds and declares that an increase in the tax bill of the owner of a home by more than 3 percent over the tax bill of that homeowner for the previous year constitutes a severe economic hardship within the meaning of subsection 10 of Section 1 of Article 10 of the Nevada Constitution. The Legislature therefore directs a partial abatement of taxes for such homeowners as follows:

      1.  Except as otherwise provided in or required to carry out the provisions of subsection 2 and NRS 361.4725 to 361.4728, inclusive, and section 2 of this act, the owner of a single-family residence which is the primary residence of the owner is entitled to a partial abatement of the ad valorem taxes levied in a county on that property each fiscal year equal to the amount by which the product of the combined rate of all ad valorem taxes levied in that county on the property for that fiscal year and the amount of the assessed valuation of the property which is taxable in that county for that fiscal year, excluding any increase in the assessed valuation of the property from the immediately preceding fiscal year as a result of any improvement to or change in the actual or authorized use of the property, exceeds the sum obtained by adding:

      (a) The amount of all the ad valorem taxes:

            (1) Levied in that county on the property for the immediately preceding fiscal year; or

            (2) Which would have been levied in that county on the property for the immediately preceding fiscal year if not for any exemptions from taxation that applied to the property for that prior fiscal year but do not apply to the property for the current fiscal year,

Ê whichever is greater; and

      (b) Three percent of the amount determined pursuant to paragraph (a).

      2.  The provisions of subsection 1 do not apply to any property for which:

 


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ê2009 Statutes of Nevada, Page 1224 (Chapter 287, AB 205)ê

 

      (a) No assessed valuation was separately established for the immediately preceding fiscal year; or

      (b) The provisions of subsection 1 of NRS 361.4722 provide a greater abatement from taxation.

      3.  Except as otherwise required to carry out the provisions of NRS 361.4732 and any regulations adopted pursuant to NRS 361.4733, the amount of any reduction in the ad valorem taxes levied in a county for a fiscal year as a result of the application of the provisions of subsection 1 must be deducted from the amount of ad valorem taxes each taxing entity would otherwise be entitled to receive for that fiscal year in the same proportion as the rate of ad valorem taxes levied in the county on the property by or on behalf of that taxing entity for that fiscal year bears to the combined rate of all ad valorem taxes levied in the county on the property by or on behalf of all taxing entities for that fiscal year.

      4.  The Nevada Tax Commission shall adopt such regulations as it deems appropriate to carry out this section, including, without limitation, regulations providing a methodology for applying the partial abatement provided pursuant to subsection 1 to a parcel of real property of which only a portion qualifies as a single-family residence which is the primary residence of the owner and the remainder is used in another manner.

      5.  The owner of a single-family residence does not become ineligible for the partial abatement provided pursuant to subsection 1 as a result of:

      (a) The operation of a home business out of a portion of that single-family residence; or

      (b) The manner in which title is held by the owner if the owner occupies the residence, including, without limitation, if the owner has placed the title in a trust for purposes of estate planning.

      6.  For the purposes of this section:

      (a) “Primary residence of the owner” means a residence which:

            (1) Is designated by the owner as the primary residence of the owner in this State, exclusive of any other residence of the owner in this State; and

            (2) Is not rented, leased or otherwise made available for exclusive occupancy by any person other than the owner of the residence and members of the family of the owner of the residence.

      (b) “Single-family residence” means a parcel or other unit of real property or unit of personal property which is intended or designed to be occupied by one family with facilities for living, sleeping, cooking and eating.

      (c) “Unit of personal property” includes, without limitation, any:

            (1) Mobile or manufactured home, whether or not the owner thereof also owns the real property upon which it is located; or

            (2) Taxable unit of a condominium, common-interest community, planned unit development or similar property,

Ê if classified as personal property for the purposes of this chapter.

      (d) “Unit of real property” includes, without limitation, any taxable unit of a condominium, common-interest community, planned unit development or similar property, if classified as real property for the purposes of this chapter.

      Sec. 11.  NRS 361.4724 is hereby amended to read as follows:

      361.4724  The Legislature hereby finds and declares that many Nevadans who cannot afford to own their own homes would be adversely affected by large unanticipated increases in property taxes, as those tax increases are passed down to renters in the form of rent increases and therefore the benefits of a charitable exemption pursuant to subsection 8 of Section 1 of Article 10 of the Nevada Constitution should be afforded to those Nevadans through an abatement granted to the owners of residential rental dwellings who charge rent that does not exceed affordable housing standards for low-income housing.

 


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ê2009 Statutes of Nevada, Page 1225 (Chapter 287, AB 205)ê

 

therefore the benefits of a charitable exemption pursuant to subsection 8 of Section 1 of Article 10 of the Nevada Constitution should be afforded to those Nevadans through an abatement granted to the owners of residential rental dwellings who charge rent that does not exceed affordable housing standards for low-income housing. The Legislature therefore directs a partial abatement of taxes for such owners as follows:

      1.  Except as otherwise provided in or required to carry out the provisions of subsection 2 and NRS 361.4725 to 361.4728, inclusive, and section 2 of this act, if the amount of rent collected from each of the tenants of a residential dwelling does not exceed the fair market rent for the county in which the dwelling is located, as most recently published by the United States Department of Housing and Urban Development, the owner of the dwelling is entitled to a partial abatement of the ad valorem taxes levied in a county on that property for each fiscal year equal to the amount by which the product of the combined rate of all ad valorem taxes levied in that county on the property for that fiscal year and the amount of the assessed valuation of the property which is taxable in that county for that fiscal year, excluding any increase in the assessed valuation of the property from the immediately preceding fiscal year as a result of any improvement to or change in the actual or authorized use of the property, exceeds the sum obtained by adding:

      (a) The amount of all the ad valorem taxes:

            (1) Levied in that county on the property for the immediately preceding fiscal year; or

            (2) Which would have been levied in that county on the property for the immediately preceding fiscal year if not for any exemptions from taxation that applied to the property for that prior fiscal year but do not apply to the property for the current fiscal year,

Ê whichever is greater; and

      (b) Three percent of the amount determined pursuant to paragraph (a).

      2.  The provisions of subsection 1 do not apply to:

      (a) Any hotels, motels or other forms of transient lodging;

      (b) Any property for which no assessed valuation was separately established for the immediately preceding fiscal year; and

      (c) Any property for which the provisions of subsection 1 of NRS 361.4722 provide a greater abatement from taxation.

      3.  Except as otherwise required to carry out the provisions of NRS 361.4732 and any regulations adopted pursuant to NRS 361.4733, the amount of any reduction in the ad valorem taxes levied in a county for a fiscal year as a result of the application of the provisions of subsection 1 must be deducted from the amount of ad valorem taxes each taxing entity would otherwise be entitled to receive for that fiscal year in the same proportion as the rate of ad valorem taxes levied in the county on the property by or on behalf of that taxing entity for that fiscal year bears to the combined rate of all ad valorem taxes levied in the county on the property by or on behalf of all taxing entities for that fiscal year.

      4.  The Nevada Tax Commission shall adopt such regulations as it deems appropriate to carry out this section.

      Sec. 12.  NRS 361.4732 is hereby amended to read as follows:

      361.4732  Except as otherwise required to carry out the provisions of section 2 of this act and any regulations adopted pursuant to NRS 361.4733 , and notwithstanding any other provision of NRS 361.471 to 361.4735, inclusive, and section 2 of this act to the contrary, after a parcel or other taxable unit of real property is annexed to a taxing entity:

 


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ê2009 Statutes of Nevada, Page 1226 (Chapter 287, AB 205)ê

 

inclusive, and section 2 of this act to the contrary, after a parcel or other taxable unit of real property is annexed to a taxing entity:

      1.  The amount otherwise required to be determined pursuant to paragraph (a) of subsection 1 of NRS 361.4722, paragraph (a) of subsection 2 of NRS 361.4722, paragraph (a) of subsection 1 of NRS 361.4723 or paragraph (a) of subsection 1 of NRS 361.4724 with respect to that property for the first fiscal year in which that taxing entity is entitled to levy or require the levy on its behalf of any ad valorem taxes on the property as a result of that annexation of the property, shall be deemed to be the amount of ad valorem taxes which would have been levied on the property for the immediately preceding fiscal year if the annexation had occurred 1 year earlier, based upon the tax rates that would have applied to the property for the immediately preceding fiscal year if the annexation had occurred 1 year earlier and without regard to any exemptions from taxation that applied to the property for the immediately preceding fiscal year but do not apply to the property for the current fiscal year; and

      2.  For the purposes of any other calculations required pursuant to the provisions of NRS 361.471 to 361.4735, inclusive, and section 2 of this act, the combined overlapping tax rate applicable to that property for the fiscal year immediately preceding the first fiscal year in which that taxing entity is entitled to levy or require the levy on its behalf of any ad valorem taxes on the property as a result of that annexation of the property, shall be deemed to be the combined overlapping tax rate that would have applied to the property for that year if the annexation had occurred 1 year earlier.

      Sec. 13.  NRS 361.4734 is hereby amended to read as follows:

      361.4734  1.  A taxpayer who is aggrieved by a determination of the applicability of a partial abatement from taxation pursuant to NRS 361.4722, 361.4723 or 361.4724 may, if the property which is the subject of that determination:

      (a) Is not valued pursuant to NRS 361.320 or 361.323, submit a written petition for the review of that determination to the county assessor of the county in which the property is located. The petition must be submitted on or before [January 15] June 30 of the fiscal year for which the determination is effective. The county assessor shall, within 30 days after receiving the petition, render a decision on the petition and notify the taxpayer of that decision.

      (b) Is valued pursuant to NRS 361.320 or 361.323, submit a written petition for the review of that determination to the Department. The Department shall, within 30 days after receiving the petition, render a decision on the petition and notify the taxpayer of that decision.

      2.  A taxpayer who is aggrieved by a decision rendered by a county assessor or the Department pursuant to subsection 1 may, within 30 days after receiving notice of that decision, appeal the decision to the Nevada Tax Commission.

      3.  A taxpayer who is aggrieved by a determination of the Nevada Tax Commission rendered on an appeal made pursuant to subsection 2 is entitled to a judicial review of that determination.

      Sec. 14.  NRS 361.535 is hereby amended to read as follows:

      361.535  1.  If the person, company or corporation so assessed neglects or refuses to pay the taxes within 30 days after demand, the taxes become delinquent. If the person, company or corporation so assessed neglects or refuses to pay the taxes within 10 days after the taxes become delinquent, a penalty of 10 percent must be added.

 


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ê2009 Statutes of Nevada, Page 1227 (Chapter 287, AB 205)ê

 

penalty of 10 percent must be added. If the tax and penalty are not paid on demand, the county assessor or his deputy may seize, seal or lock enough of the personal property of the person, company or corporation so neglecting or refusing to pay to satisfy the taxes and costs. The county assessor may use alternative methods of collection, including, without limitation, the assistance of the district attorney.

      2.  The county assessor shall:

      (a) Post a notice of the seizure, with a description of the property, in a public area of the county courthouse or the county office building in which the assessor’s office is located, and within the immediate vicinity of the property being seized; and

      (b) At the expiration of 5 days, proceed to sell at public auction, at the time and place mentioned in the notice, to the highest bidder, for lawful money of the United States, a sufficient quantity of the property to pay the taxes and expenses incurred. For this service, the county assessor must be allowed from the delinquent person a fee of $3. The county assessor is not required to sell the property if the highest bid received is less than the lowest acceptable bid indicated in the notice.

Ê A person who, after the notice of the seizure of the property is posted pursuant to this subsection within the immediate vicinity of the property being seized and before the delinquent taxes on the property are paid, and without the consent of the county assessor, removes, defaces, covers or otherwise conceals that notice, moves or sells the property, attempts to move or sell the property, or assists another person to move or sell the property, is guilty of a gross misdemeanor.

      3.  If the personal property seized by the county assessor or his deputy consists of a mobile or manufactured home, an aircraft, or the personal property of a business, the county assessor shall publish a notice of the seizure once during each of 2 successive weeks in a newspaper of general circulation in the county. If the legal owner of the property is someone other than the registered owner and the name and address of the legal owner can be ascertained from public records, the county assessor shall, before publication, send a notice of the seizure by registered or certified mail to the legal owner. The cost of the publication and notice must be charged to the delinquent taxpayer. The notice must state:

      (a) The name of the owner, if known.

      (b) The description of the property seized, including the location, the make, model and dimensions and the serial number, body number or other identifying number.

      (c) The fact that the property has been seized and the reason for seizure.

      (d) The lowest acceptable bid for the sale of the property, which is the total amount of the taxes due on the property and the penalties and costs as provided by law.

      (e) The time and place at which the property is to be sold.

Ê After the expiration of 5 days from the date of the second publication of the notice, the property must be sold at public auction in the manner provided in subsection 2 for the sale of other personal property by the county assessor.

      4.  Upon payment of the purchase money, the county assessor shall deliver to the purchaser of the property sold, with a certificate of the sale, a statement of the amount of taxes or assessment and the expenses thereon for which the property was sold, whereupon the title of the property so sold vests absolutely in the purchaser.

 


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ê2009 Statutes of Nevada, Page 1228 (Chapter 287, AB 205)ê

 

      5.  After a mobile or manufactured home, an aircraft, or the personal property of a business is sold and the county assessor has paid all the taxes and costs on the property, the county assessor shall deposit into the general fund of the county the first $300 of the excess proceeds from the sale. The county assessor shall deposit any remaining amount of the excess proceeds from the sale into an interest-bearing account maintained for the purpose of holding excess proceeds separate from other money of the county. If no claim is made for the money within 6 months after the sale of the property for which the claim is made, the county assessor shall pay the money into the general fund of the county. All interest paid on money deposited in the account pursuant to this subsection is the property of the county.

      6.  If the former owner of a mobile or manufactured home, aircraft, or personal property of a business that was sold pursuant to this section makes a claim in writing for the balance of the proceeds of the sale within 6 months after the completion of the sale, the county assessor shall pay the balance of the proceeds of the sale or the proper portion of the balance over to the former owner if the county assessor is satisfied that the former owner is entitled to it.

      Sec. 15.  NRS 361.5607 is hereby amended to read as follows:

      361.5607  1.  The tax receiver may petition the board of county commissioners to designate as uncollectible those taxes on personal property [:] for whose collection all appropriate procedures have been followed and have proved unsuccessful and:

      (a) Which have been delinquent for 3 years or more; or

      (b) Whose amount, including penalties and costs, is $25 or less . [; and

      (c) For whose collection all appropriate procedures have been followed and have proved unsuccessful.]

Ê The board may grant or deny the petition with respect to any or all of those taxes.

      2.  No future liability attaches to the county assessor or the county treasurer for any taxes designated as uncollectible by the board of county commissioners under this section.

      Sec. 16.  Chapter 361A of NRS is hereby amended by adding thereto a new section to read as follows:

      When any portion of agricultural or open-space land is converted to a higher use, the county assessor shall determine its taxable and, as appropriate, agricultural or open-space use values against which to compute the deferred tax for each fiscal year the property was under agricultural or open-space assessment during the current fiscal year and the preceding 6 fiscal years, or such other period as is required pursuant to NRS 361A.283. The taxable values for each year must be comparable for the corresponding years to the taxable values for property similar, including, without limitation, in size, zoning and location, to the portion of property actually converted to a higher use. When agricultural land is converted to a higher use, the agricultural use values for each of the years may be based on the agricultural use for the latest year. When open-space land that is used as a golf course is converted to a higher use, the taxable values for the property must be determined, for the purpose of computing the deferred tax, in accordance with the provisions of NRS 361.227 based upon the assessment of the land as a golf course.

 


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ê2009 Statutes of Nevada, Page 1229 (Chapter 287, AB 205)ê

 

      Sec. 17.  NRS 361A.031 is hereby amended to read as follows:

      361A.031  1.  “Converted to a higher use” means:

      (a) A physical alteration of the surface of the property enabling it to be used for a higher use;

      (b) The recording of a final map or parcel map which creates one or more parcels not intended for agricultural or open-space use;

      (c) The existence of a final map or parcel map which creates one or more parcels not intended for agricultural or open-space use; or

      (d) A change in zoning to a higher use made at the request of the owner.

      2.  The term does not apply to [the property remaining after a] any portion of the parcel [is converted to higher use pursuant to paragraph (b) or (c) of subsection 1 if the remaining portion] that continues to qualify as agricultural or open-space real property.

      3.  The term does not include leasing the land to or otherwise permitting the land to be used by an agricultural association formed pursuant to chapter 547 of NRS.

      4.  As used in this section:

      (a) “Final map” has the meaning ascribed to it in NRS 278.0145.

      (b) “Parcel map” has the meaning ascribed to it in NRS 278.017.

      Sec. 18.  NRS 361A.040 is hereby amended to read as follows:

      361A.040  “Open-space real property” means:

      1.  Land:

      (a) Located within an area classified pursuant to NRS 278.250 and subject to regulations designed to promote the conservation of open space and the protection of other natural and scenic resources from unreasonable impairment; and

      (b) Devoted exclusively to open-space use.

      2.  The improvements on the land described in subsection 1 that is used primarily to support the open-space use and not primarily to increase the value of surrounding developed property or secure an immediate monetary return.

      3.  Land that is used as a golf course.

      4.  Land regarding which the owner has granted and has outstanding a lease of surface water rights appurtenant to the property to a political subdivision of this State for a municipal use, if the land was agricultural real property at the time the lease was granted.

      Sec. 19.  NRS 361A.050 is hereby amended to read as follows:

      361A.050  “Open-space use” means the current employment of land, the preservation of which use would conserve and enhance natural or scenic resources, protect streams and water supplies, maintain natural features which enhance control of floods or preserve sites designated as historic by the Office of Historic Preservation of the Department of Cultural Affairs. The use of real property and the improvements on that real property as a golf course shall be deemed to be an open-space use of the land. The use of land to lease surface water rights appurtenant to the property to a political subdivision of this State for a municipal use shall be deemed to be an open-space use of the land, if the land was agricultural real property at the time the lease was granted.

      Sec. 20.  NRS 361A.170 is hereby amended to read as follows:

      361A.170  1.  Property used as a golf course is hereby designated and classified as open-space real property and must be assessed as an open-space use.

 


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ê2009 Statutes of Nevada, Page 1230 (Chapter 287, AB 205)ê

 

      2.  Land regarding which the owner has granted and has outstanding a lease of surface water rights appurtenant to the property to a political subdivision of this State for a municipal use, if the land was agricultural real property at the time the lease was granted, is hereby designated and classified as open-space real property and must be assessed as an open-space use.

      3.  In addition to the designation and classification of [a golf course] property as open-space real property pursuant to [subsection 1,] subsections 1 and 2, the governing body of each city or county shall, from time to time, specify by resolution additional designations or classifications under its master plan that are designed to promote the conservation of open space, the maintenance of natural features for control of floods and the protection of other natural and scenic resources from unreasonable impairment.

      [3.] 4.  The board of county commissioners shall, from time to time, adopt by ordinance procedures and criteria which must be used in considering an application for open-space use assessment based on a designation or classification adopted pursuant to subsection [2.] 3. The criteria may include requirements respecting public access to and the minimum size of the property.

      Sec. 21.  NRS 361A.180 is hereby amended to read as follows:

      361A.180  Any owner of real property may apply to the county assessor for open-space use assessment based on a designation or classification adopted pursuant to subsection [2] 3 of NRS 361A.170 and the payment of taxes on such property as provided in this chapter.

      Sec. 22.  NRS 361A.230 is hereby amended to read as follows:

      361A.230  1.  The county assessor shall enter on the assessment roll the valuation based on open-space use until the property becomes disqualified for open-space use assessment by:

      (a) Sale or transfer to an owner making it exempt from ad valorem property taxation;

      (b) Removal of the open-space use assessment by the assessor, with the concurrence of the board, upon discovery that the property is no longer in the open-space use; [or]

      (c) If the open-space use assessment is based on the designation and classification of the property pursuant to subsection 1 of NRS 361A.170, the cessation of the use of the property for golfing or golfing practice, except for:

            (1) A seasonal closure of the property to such use;

            (2) A temporary closure of the property for maintenance or repairs; or

            (3) A temporary closure of the property, upon notification of the county assessor, for not more than 12 months for any other purpose that is incidental to such use or necessary for the continuation of such use; or

      (d) If the open-space use assessment is based on a designation or classification adopted pursuant to subsection [2] 3 of NRS 361A.170:

            (1) Notification by the applicant to the assessor to remove the open-space use assessment; or

            (2) Failure to file a new application as provided in NRS 361A.190.

      2.  Except as otherwise provided in paragraph (a) of subsection 1, the sale or transfer to a new owner or transfer by reason of death of a former owner does not operate to disqualify open-space real property from open-space use assessment so long as the property continues to be used exclusively for an open-space use.

 


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ê2009 Statutes of Nevada, Page 1231 (Chapter 287, AB 205)ê

 

exclusively for an open-space use. If the open-space use assessment is based on a designation or classification adopted pursuant to subsection [2] 3 of NRS 361A.170, the new owner must apply for open-space use assessment in the manner provided in NRS 361A.190.

      3.  Whenever open-space real property becomes disqualified under subsection 1, the county assessor shall send a written notice of disqualification by certified mail with return receipt requested to each owner of record. The notice must contain the assessed value for the ensuing fiscal year.

      Sec. 23.  NRS 361A.240 is hereby amended to read as follows:

      361A.240  1.  The determination of use and the open-space use assessment in each year are final unless appealed.

      2.  If the application for an open-space use assessment is based on a designation or classification adopted pursuant to subsection [2] 3 of NRS 361A.170, the applicant for the open-space assessment is entitled to:

      (a) Appeal the determination made by the board of county commissioners to the district court in the county where the property is located, or if located in more than one county, in the county in which the major portion of the property is located, as provided in NRS 278.0235.

      (b) Equalization of the open-space use assessment in the manner provided in chapter 361 of NRS for complaints of overvaluation, excessive valuation or undervaluation.

      Sec. 24.  NRS 361A.265 is hereby amended to read as follows:

      361A.265  1.  An owner of property which has received an agricultural or open-space use assessment:

      (a) Must pay the full amount of deferred taxes calculated pursuant to NRS 361A.280 for any property for which a final map will be recorded pursuant to NRS 278.460 before the date on which the map is recorded [.] , if the existence or recording of the map will result in the conversion of any portion of the property to a higher use.

      (b) In all other cases may, before the conversion of any portion of the property to a higher use, pay the amount of deferred taxes which would be due upon the conversion of that property pursuant to NRS 361A.280.

      2.  An owner who desires to pay the deferred taxes must request, in writing, the county assessor to estimate the amount of the deferred taxes which would be due at the time of conversion. After receiving such a request, the county assessor shall estimate the amount of the deferred taxes due for the next property tax statement and report the amount to the owner.

      3.  An owner who voluntarily pays the deferred taxes may appeal the valuations and calculations upon which the deferred taxes were based in the manner provided in NRS 361A.273.

      4.  If a parcel that has been created after the secured tax roll has been closed is converted to a higher use, the assessor must change the roll to reflect the changes in the parcel or parcels and assess the new parcel or parcels at taxable value for the following fiscal year. The deferred tax must be assessed pursuant to NRS 361A.280.

      Sec. 25.  NRS 361A.280 is hereby amended to read as follows:

      361A.280  If the county assessor is notified or otherwise becomes aware that a parcel or any portion of a parcel of real property which has received agricultural or open-space use assessment has been converted to a higher use , the county assessor shall add to the tax extended against that portion of the property on the next property tax statement the deferred tax, which is the difference between the taxes that would have been paid or payable on the basis of the agricultural or open-space use valuation and the taxes which would have been paid or payable on the basis of the taxable value calculated pursuant to [NRS 361A.155,] section 16 of this act for each year in which agricultural or open-space use assessment was in effect for the property during the fiscal year in which the property ceased to be used exclusively for agricultural use or approved open-space use and the preceding 6 fiscal years.

 


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ê2009 Statutes of Nevada, Page 1232 (Chapter 287, AB 205)ê

 

difference between the taxes that would have been paid or payable on the basis of the agricultural or open-space use valuation and the taxes which would have been paid or payable on the basis of the taxable value calculated pursuant to [NRS 361A.155,] section 16 of this act for each year in which agricultural or open-space use assessment was in effect for the property during the fiscal year in which the property ceased to be used exclusively for agricultural use or approved open-space use and the preceding 6 fiscal years. The county assessor shall assess the property pursuant to NRS 361.227 for the next fiscal year following the date of conversion to a higher use.

      Sec. 26.  NRS 361A.283 is hereby amended to read as follows:

      361A.283  1.  If the county assessor determines that the deferred tax for any fiscal year or years was not assessed in the year it became due, he may assess it anytime within 5 fiscal years after the end of the fiscal year in which a parcel or portion of a parcel was converted to a higher use.

      2.  If the county assessor determines that a parcel was assessed for agricultural or open-space use rather than at full taxable value for any fiscal year in which it did not qualify for agricultural or open-space assessment, he may assess the deferred tax for that year anytime within 5 years after the end of that fiscal year.

      3.  A penalty equal to 20 percent of the total accumulated deferred tax described in subsections 1 and 2 must be added for each of the years in which the owner failed to provide the written notice required by NRS 361A.270. The county assessor may waive this penalty if he finds extenuating circumstances sufficient to justify the waiver.

      Sec. 27.  Section 57 of chapter 496, Statutes of Nevada 2005, as amended by section 27 of chapter 415, Statutes of Nevada 2007, at page 1899, is hereby amended to read as follows:

      Sec. 57.  1.  This section and sections 52.1 to 52.8, inclusive, of this act become effective upon passage and approval.

      2.  Sections 1 to 22, inclusive, 24 to 28, inclusive, 42 to 52, inclusive, and 53 to 56, inclusive, of this act become effective on July 1, 2005.

      3.  Sections 29 to 41, inclusive, of this act become effective:

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

      (b) On July 1, 2006, for all other purposes.

      4.  Section 23 of this act becomes effective on July 1, [2009.] 2011.

      5.  Section 43 of this act expires by limitation on June 30, [2009.] 2011.

      Sec. 28.  Section 16 of chapter 4, Statutes of Nevada 2008, 25th Special Session, at page 23, is hereby amended to read as follows:

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

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

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

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

 

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