Assembly Bill No. 5–Committee of the Whole

 

July 21, 2003

____________

 

Declared an Emergency Measure

 

SUMMARY—Makes technical corrections to certain measures approved by 72nd Session of Nevada Legislature. (BDR S‑10)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

~

 

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

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1.  Section 1 of Assembly Bill No. 192 of the 72nd

1-2  Session of the Nevada Legislature is hereby amended to read as

1-3  follows:

1-4  Section 1. Chapter 482 of NRS is hereby amended by

1-5  adding thereto a new section to read as follows:

1-6  1.  With respect to any special license plate that is issued

1-7  pursuant to NRS 482.3667 to 482.3825, inclusive, and for

1-8  which an additional fee is imposed for the issuance of the

1-9  special license plate to generate financial support for a

1-10  charitable organization:

1-11      (a) The Director shall, at the request of the charitable

1-12  organization that is benefited by the particular special license

1-13  plate:

1-14          (1) Order the design and preparation of souvenir

1-15  license plates, the design of which must be substantially

1-16  similar to the particular special license plate; and

2-1       (2) Issue such souvenir license plates, for a fee

2-2  established pursuant to NRS 482.3825, only to the charitable

2-3  organization that is benefited by the particular special license

2-4  plate. The charitable organization may resell such souvenir

2-5  license plates at a price determined by the charitable

2-6  organization.

2-7  (b) The Department may, except as otherwise provided in

2-8  this paragraph and after [approving the final design of] the

2-9  particular special license plate [,] is approved for issuance,

2-10  issue the special license plate for a trailer or other type of

2-11  vehicle that is not a passenger car or light commercial

2-12  vehicle, excluding motorcycles and vehicles required to be

2-13  registered with the Department pursuant to NRS 706.801 to

2-14  706.861, inclusive, upon application by a person who is

2-15  entitled to license plates pursuant to NRS 482.265 and who

2-16  otherwise complies with the requirements for registration and

2-17  licensing pursuant to this chapter. The Department may not

2-18  issue a special license plate for such other types of vehicles if

2-19  the Department determines that the design or manufacture of

2-20  the plate for those other types of vehicles would not be

2-21  feasible. In addition, if the Department incurs additional costs

2-22  to manufacture a special license plate for such other types of

2-23  vehicles, including, without limitation, costs associated with

2-24  the purchase, manufacture or modification of dies or other

2-25  equipment necessary to manufacture the special license plate

2-26  for such other types of vehicles, those additional costs must

2-27  be paid from private sources without any expense to the State

2-28  of Nevada.

2-29      2.  As used in this section, “charitable organization”

2-30  means a particular cause, charity or other entity that receives

2-31  money from the imposition of an additional fee in connection

2-32  with the issuance of a special license plate pursuant to NRS

2-33  482.3667 to 482.3825, inclusive. The term includes the

2-34  successor, if any, of a charitable organization.

2-35      Sec. 2.  Section 2 of Assembly Bill No. 388 of the 72nd

2-36  Session of the Nevada Legislature is hereby amended to read as

2-37  follows:

2-38      Sec. 2.  Chapter 287 of NRS is hereby amended by

2-39  adding thereto a new section to read as follows:

2-40      1.  A local government employer and any employee

2-41  organization that is recognized by the employer pursuant to

2-42  chapter 288 of NRS may, by written agreement between

2-43  themselves or with other local government employers and

2-44  employee organizations, establish a trust fund to provide

2-45  health and welfare benefits to active and retired employees of

3-1  the participating employers and the dependents of those

3-2  employees.

3-3  2.  All contributions made to a trust fund established

3-4  pursuant to this section must be held in trust and used:

3-5  (a) To provide, from principal or income, or both, for the

3-6  benefit of the participating employees and their dependents,

3-7  medical, hospital, dental, vision, death, disability or accident

3-8  benefits, or any combination thereof, and any other benefit

3-9  appropriate for an entity that qualifies as a voluntary

3-10  employees’ beneficiary association under Section 501(c)(9)

3-11  of the Internal Revenue Code of 1986, 26 U.S.C. § 501(c)(9),

3-12  as amended; and

3-13      (b) To pay any reasonable administrative expenses

3-14  incident to the provision of these benefits and the

3-15  administration of the trust.

3-16      3.  The basis on which contributions are to be made to

3-17  the trust must be specified in a collective bargaining

3-18  agreement between each participating local government

3-19  employer and employee organization or in a written

3-20  participation agreement between the employer and employee

3-21  organization, jointly, and the trust.

3-22      4.  The trust must be administered by a board of trustees

3-23  on which participating local government employers and

3-24  employee organizations are equally represented. The

3-25  agreement that establishes the trust must:

3-26      (a) Set forth the powers and duties of the board of

3-27  trustees, which must not be inconsistent with the provisions

3-28  of this section;

3-29      (b) Establish a procedure for resolving expeditiously any

3-30  deadlock that arises among the members of the board of

3-31  trustees; and

3-32      (c) Provide for an audit of the trust, at least annually, the

3-33  results of which must be reported to each participating

3-34  employer and employee organization.

3-35      5.  The provisions of paragraphs (b) and (c) of

3-36  subsection 2 of section 1 of Senate Bill No. 28 of the 72nd

3-37  Session of the Nevada Legislature apply to a trust fund

3-38  established pursuant to this section by the governing body of

3-39  a school district.

3-40      6.  As used in this section:

3-41      (a) “Employee organization” has the meaning ascribed to

3-42  it in NRS 288.040.

3-43      (b) “Local government employer” has the meaning

3-44  ascribed to it in NRS 288.060.

4-1  Sec. 3.  Section 16 of Assembly Bill No. 490 of the 72nd

4-2  Session of the Nevada Legislature is hereby amended to read as

4-3  follows:

4-4  Sec. 16.  1.  The Commissioner shall collect an

4-5  assessment pursuant to this section from each:

4-6  (a) Escrow [agent] agencythat is supervised pursuant to

4-7  chapter 645A of NRS;

4-8  (b) Mortgage broker that is supervised pursuant to chapter

4-9  645B of NRS; and

4-10      (c) Mortgage banker that is supervised pursuant to chapter

4-11  645E of NRS.

4-12      2.  The Commissioner shall determine the total amount

4-13  of all assessments to be collected from the entities identified

4-14  in subsection 1, but that amount must not exceed the amount

4-15  necessary to recover the cost of legal services provided by the

4-16  Attorney General to the Commissioner and to the Division.

4-17  The total amount of all assessments collected must be

4-18  reduced by any amounts collected by the Commissioner from

4-19  an entity for the recovery of the costs of legal services

4-20  provided by the Attorney General in a specific case.

4-21      3.  The Commissioner shall collect from each entity

4-22  identified in subsection 1 an assessment that is based on:

4-23      (a) An equal basis; or

4-24      (b) Any other reasonable basis adopted by the

4-25  Commissioner.

4-26      4.  The assessment required by this section is in addition

4-27  to any other assessment, fee or cost required by law to be paid

4-28  by an entity identified in subsection 1.

4-29      5.  Money collected by the Commissioner pursuant to

4-30  this section must be deposited in the Fund for Mortgage

4-31  Lending created by section 17 of this act.

4-32      Sec. 4.  Section 45 of Assembly Bill No. 490 of the 72nd

4-33  Session of the Nevada Legislature is hereby amended to read as

4-34  follows:

4-35      Sec. 45.  NRS 645B.670 is hereby amended to read as

4-36  follows:

4-37      645B.670  Except as otherwise provided in

4-38  NRS 645B.690:

4-39      1.  For each violation committed by an applicant for a

4-40  license issued pursuant to this chapter,whether or not he is

4-41  issued a license, the Commissioner may impose upon the

4-42  applicant an administrative fine of not more than $10,000, if

4-43  the applicant:

4-44      (a) Has knowingly made or caused to be made to the

4-45  Commissioner any false representation of material fact;

5-1  (b) Has suppressed or withheld from the Commissioner

5-2  any information which the applicant possesses and which, if

5-3  submitted by him, would have rendered the applicant

5-4  ineligible to be licensed pursuant to the provisions of this

5-5  chapter; or

5-6  (c) Has violated any provision of this chapter, a regulation

5-7  adopted pursuant to this chapter or an order of the

5-8  Commissioner in completing and filing his application for a

5-9  license or during the course of the investigation of his

5-10  application for a license.

5-11      2.  For each violation committed by a [licensee,]

5-12  mortgage broker, the Commissioner may impose upon the

5-13  [licensee] mortgage broker an administrative fine of not more

5-14  than $10,000, may suspend, revoke or place conditions upon

5-15  his license, or may do both, if the [licensee,] mortgage

5-16  broker, whether or not acting as such:

5-17      (a) Is insolvent;

5-18      (b) Is grossly negligent or incompetent in performing any

5-19  act for which he is required to be licensed pursuant to the

5-20  provisions of this chapter;

5-21      (c) Does not conduct his business in accordance with law

5-22  or has violated any provision of this chapter, a regulation

5-23  adopted pursuant to this chapter or an order of the

5-24  Commissioner;

5-25      (d) Is in such financial condition that he cannot continue

5-26  in business with safety to his customers;

5-27      (e) Has made a material misrepresentation in connection

5-28  with any transaction governed by this chapter;

5-29      (f) Has suppressed or withheld from a client any material

5-30  facts, data or other information relating to any transaction

5-31  governed by the provisions of this chapter which the

5-32  [licensee] mortgage broker knew or, by the exercise of

5-33  reasonable diligence, should have known;

5-34      (g) Has knowingly made or caused to be made to the

5-35  Commissioner any false representation of material fact or has

5-36  suppressed or withheld from the Commissioner any

5-37  information which the [licensee] mortgage broker possesses

5-38  and which, if submitted by him, would have rendered the

5-39  [licensee] mortgage broker ineligible to be licensed pursuant

5-40  to the provisions of this chapter;

5-41      (h) Has failed to account to persons interested for all

5-42  money received for a trust account;

5-43      (i) Has refused to permit an examination by the

5-44  Commissioner of his books and affairs or has refused or

5-45  failed, within a reasonable time, to furnish any information or

6-1  make any report that may be required by the Commissioner

6-2  pursuant to the provisions of this chapter or a regulation

6-3  adopted pursuant to this chapter;

6-4  (j) Has been convicted of, or entered a plea of nolo

6-5  contendere to, a felony or any crime involving fraud,

6-6  misrepresentation or moral turpitude;

6-7  (k) Has refused or failed to pay, within a reasonable time,

6-8  any fees, assessments, costs or expenses that the [licensee]

6-9  mortgage broker is required to pay pursuant to this chapter or

6-10  a regulation adopted pursuant to this chapter;

6-11      (l) Has failed to satisfy a claim made by a client which

6-12  has been reduced to judgment;

6-13      (m) Has failed to account for or to remit any money of a

6-14  client within a reasonable time after a request for an

6-15  accounting or remittal;

6-16      (n) Has commingled the money or other property of a

6-17  client with his own or has converted the money or property of

6-18  others to his own use;

6-19      (o) Has engaged in any other conduct constituting a

6-20  deceitful, fraudulent or dishonest business practice;

6-21      (p) Has repeatedly violated the policies and procedures of

6-22  the mortgage broker;

6-23      (q) Has failed to exercise reasonable supervision over the

6-24  activities of a mortgage agent as required by NRS 645B.460;

6-25      (r) Has instructed a mortgage agent to commit an act that

6-26  would be cause for the revocation of the license of the

6-27  mortgage broker, whether or not the mortgage agent commits

6-28  the act;

6-29      (s) Has employed a person as a mortgage agent or

6-30  authorized a person to be associated with the [licensee]

6-31  mortgage broker as a mortgage agent at a time when the

6-32  [licensee] mortgage broker knew or, in light of all the

6-33  surrounding facts and circumstances, reasonably should have

6-34  known that the person:

6-35          (1) Had been convicted of, or entered a plea of nolo

6-36  contendere to, a felony or any crime involving fraud,

6-37  misrepresentation or moral turpitude; or

6-38          (2) Had a financial services license or registration

6-39  suspended or revoked within the immediately preceding 10

6-40  years; or

6-41      (t) Has not conducted verifiable business as a mortgage

6-42  broker for 12 consecutive months, except in the case of a new

6-43  applicant. The Commissioner shall determine whether a

6-44  mortgage broker is conducting business by examining the

6-45  monthly reports of activity submitted by the [licensee]

7-1  mortgage broker or by conducting an examination of the

7-2  [licensee.] mortgage broker.

7-3  3.  For each violation committed by a mortgage agent,

7-4  the Commissioner may impose upon the mortgage agent an

7-5  administrative fine of not more than $10,000, may suspend,

7-6  revoke or place conditions upon his license, or may do both,

7-7  if the mortgage agent, whether or not acting as such:

7-8  (a) Is grossly negligent or incompetent in performing

7-9  any act for which he is required to be licensed pursuant to

7-10  the provisions of this chapter;

7-11      (b) Has made a material misrepresentation in

7-12  connection with any transaction governed by this chapter;

7-13      (c) Has suppressed or withheld from a client any

7-14  material facts, data or other information relating to any

7-15  transaction governed by the provisions of this chapter which

7-16  the mortgage agent knew or, by the exercise of reasonable

7-17  diligence, should have known;

7-18      (d) Has knowingly made or caused to be made to the

7-19  Commissioner any false representation of material fact or

7-20  has suppressed or withheld from the Commissioner any

7-21  information which the mortgage agent possesses and which,

7-22  if submitted by him, would have rendered the mortgage

7-23  agent ineligible to be licensed pursuant to the provisions of

7-24  this chapter;

7-25      (e) Has been convicted of, or entered a plea of nolo

7-26  contendere to, a felony or any crime involving fraud,

7-27  misrepresentation or moral turpitude;

7-28      (f) Has failed to account for or to remit any money of a

7-29  client within a reasonable time after a request for an

7-30  accounting or remittal;

7-31      (g) Has commingled the money or other property of a

7-32  client with his own or has converted the money or property

7-33  of others to his own use;

7-34      (h) Has engaged in any other conduct constituting a

7-35  deceitful, fraudulent or dishonest business practice;

7-36      (i) Has repeatedly violated the policies and procedures

7-37  of the mortgage broker with whom he is associated or by

7-38  whom he is employed; or

7-39      (j) Has violated any provision of this chapter, a

7-40  regulation adopted pursuant to this chapter or an order of

7-41  the Commissioner or has assisted or offered to assist

7-42  another person to commit such a violation.

 

 

8-1  Sec. 5.  Section 3 of Assembly Bill No. 493 of the 72nd

8-2  Session of the Nevada Legislature is hereby amended to read as

8-3  follows:

8-4  Sec. 3.  1.  On a quarterly or other regular basis, the

8-5  Commissioner shall collect an assessment pursuant to this

8-6  section from each:

8-7  (a) Check-cashing service or deferred deposit service that

8-8  is supervised pursuant to chapter 604 of NRS;

8-9  (b) [Escrow agent that is supervised pursuant to chapter

8-10  645A of NRS;

8-11      (c) Mortgage broker that is supervised pursuant to chapter

8-12  645B of NRS;

8-13      (d) Mortgage company that is supervised pursuant to

8-14  chapter 645E of NRS;

8-15      (e)]Collection agency that is supervised pursuant to

8-16  chapter 649 of NRS;

8-17      [(f)] (c)Bank that is supervised pursuant to chapters 657

8-18  to 668, inclusive, of NRS;

8-19      [(g)] (d)Trust company that is supervised pursuant to

8-20  chapter 669 of NRS;

8-21      [(h)] (e)Development corporation that is supervised

8-22  pursuant to chapter 670 of NRS;

8-23      [(i)] (f)Corporation for economic revitalization and

8-24  diversification that is supervised pursuant to chapter 670A of

8-25  NRS;

8-26      [(j)] (g)Person engaged in the business of selling or

8-27  issuing checks or of receiving for transmission or transmitting

8-28  money or credits that is supervised pursuant to chapter 671 of

8-29  NRS;

8-30      [(k)] (h)Savings and loan association that is supervised

8-31  pursuant to chapter 673 of NRS;

8-32      [(l)] (i)Person engaged in the business of lending that is

8-33  supervised pursuant to chapter 675 of NRS;

8-34      [(m)] (j)Person engaged in the business of debt adjusting

8-35  that is supervised pursuant to chapter 676 of NRS;

8-36      [(n)] (k)Thrift company that is supervised pursuant to

8-37  chapter 677 of NRS; and

8-38      [(o)] (l)Credit union that is supervised pursuant to

8-39  chapter 678 of NRS.

8-40      2.  The Commissioner shall determine the total amount

8-41  of all assessments to be collected from the entities identified

8-42  in subsection 1, but that amount must not exceed the amount

8-43  necessary to recover the cost of legal services provided by the

8-44  Attorney General to the Commissioner and to the Division.

8-45  The total amount of all assessments collected must be

9-1  reduced by any amounts collected by the Commissioner from

9-2  an entity for the recovery of the costs of legal services

9-3  provided by the Attorney General in a specific case.

9-4  3.  The Commissioner shall collect from each entity

9-5  identified in subsection 1 an assessment that is based on:

9-6  (a) A portion of the total amount of all assessments as

9-7  determined pursuant to subsection 2, such that the assessment

9-8  collected from an entity identified in subsection 1 shall bear

9-9  the same relation to the total amount of all assessments as the

9-10  total assets of that entity bear to the total of all assets of all

9-11  entities identified in subsection 1; or

9-12      (b) Any other reasonable basis adopted by the

9-13  Commissioner.

9-14      4.  The assessment required by this section is in addition

9-15  to any other assessment, fee or cost required by law to be paid

9-16  by an entity identified in subsection 1.

9-17      5.  Money collected by the Commissioner pursuant to

9-18  this section must be deposited in the State Treasury pursuant

9-19  to the provisions of section 2 of this act.

9-20      Sec. 6.  Section 15 of Assembly Bill No. 541 of the 72nd

9-21  Session of the Nevada Legislature is hereby amended to read as

9-22  follows:

9-23      Sec. 15.  Chapter 294A of NRS is hereby amended by

9-24  adding thereto a new section to read as follows:

9-25      The Secretary of State [and a city clerk] shall not request

9-26  or require a candidate, person, group of persons, committee or

9-27  political party to list each of the expenditures or campaign

9-28  expenses of $100 or less on a form designed and provided

9-29  pursuant to [NRS 294A.125, 294A.200, 294A.210, 294A.220,

9-30  294A.280, 294A.360 or 294A.362.] section 1 of Assembly

9-31  Bill No. 529 of the 72nd Session of the Nevada Legislature.

9-32      Sec. 7.  Section 4 of Assembly Bill No. 555 of the 72nd

9-33  Session of the Nevada Legislature is hereby amended to read as

9-34  follows:

9-35      Sec. 4. 1.  There is hereby appropriated from the State

9-36  General Fund to the State Board of Examiners for

9-37  reimbursement to any department, commission or agency of

9-38  the State of Nevada, including the Judicial Branch of

9-39  government, which receives part or all of its funding from the

9-40  State General Fund, for the difference between the maximum

9-41  amount allowed in sections 1, 2 and 3 of this act and the

9-42  amount budgeted for that purpose:

9-43      For the Fiscal Year 2004-2005$874,112

9-44      2.  There is hereby appropriated from the State Highway

9-45  Fund to the State Board of Examiners for reimbursement to a

10-1  state agency which receives part or all of its funding from the

10-2  State Highway Fund, for the difference between the

10-3  maximum amount allowed in sections 1, 2 and 3 of this act

10-4  and the amount budgeted for that purpose:

10-5      For the Fiscal Year 2004-2005$19,188

10-6      3.  The State Board of Examiners, upon the

10-7  recommendation of the Director of the Department of

10-8  Administration, may allocate and disburse from the

10-9  appropriate fund to various departments, commissions and

10-10  agencies of the State of Nevada, out of the money

10-11  appropriated by this section such sums of money as may from

10-12  time to time be required, which, when added to the money

10-13  otherwise appropriated or available, equals the amount of

10-14  money required to pay the salaries of the [classified]

10-15  unclassified employees of the respective departments,

10-16  commissions and agencies under the adjusted pay plan.

10-17     Sec. 8.  Senate Bill No. 78 of the 72nd Session of the Nevada

10-18  Legislature is hereby amended by adding thereto a new section to be

10-19  designated as sec. 7.5, immediately following sec. 7, to read as

10-20  follows:

10-21     Sec. 7.5. Notwithstanding any law to the contrary, any

10-22  regulations adopted pursuant to the amendatory provisions of

10-23  Chapter 418, Statutes of Nevada 2001, at page 2120, before

10-24  July 1, 2003, that were originally set to:

10-25     1.  Expire by limitation on June 30, 2003, are hereby

10-26  extended and shall remain effective through June 30, 2009; or

10-27     2.  Become effective on July 1, 2003, are hereby delayed

10-28  and shall become effective on July 1, 2009,

10-29  unless amended or repealed before that date.

10-30     Sec. 9.  Section 8 of Senate Bill No. 78 of the 72nd Session of

10-31  the Nevada Legislature is hereby amended to read as follows:

10-32     Sec. 8. 1.  This section and section 7.5 of this act

10-33  become effective on June 30, 2003.

10-34     2.  Sections 1, 3, 5, 6 and 7 of this act become effective

10-35  on July 1, 2003.

10-36     3.  Sections 1 and 3 of this act expire by limitation on

10-37  June 30, 2009.

10-38     4.  Sections 2 and 4 of this act become effective on

10-39  July 1, 2009.

10-40     Sec. 10. Section 1.3 of Senate Bill No. 147 of the 72nd

10-41  Session of the Nevada Legislature is hereby amended to read as

10-42  follows:

10-43     Sec. 1.3. 1.  A list of each public officer who is

10-44  required to file a statement of financial disclosure [pursuant

10-45  to NRS 281.561 or section 1.7 of this act]must be submitted

11-1  electronically to the Commission and to the Secretary of

11-2  State, in a form prescribed by the Commission, on or before

11-3  December 1 of each year by:

11-4      (a) Each county clerk for all public officers of the county

11-5  and other local governments within the county other than

11-6  cities;

11-7      (b) Each city clerk for all public officers of the city;

11-8      (c) The Director of the Legislative Counsel Bureau for all

11-9  public officers of the Legislative Branch; and

11-10     (d) The Chief of the Budget Division of the Department

11-11  of Administration for all public officers of the Executive

11-12  Branch.

11-13     2.  The Secretary of State, each county clerk, or the

11-14  registrar of voters of the county if one was appointed pursuant

11-15  to NRS 244.164, and each city clerk shall submit

11-16  electronically to the Commission, and each county clerk, or

11-17  the registrar of voters of the county if one was appointed

11-18  pursuant to NRS 244.164, and each city clerk shall submit

11-19  electronically to the Secretary of State, in a form prescribed

11-20  by the Commission, a list of each candidate for public office

11-21  who filed a declaration of candidacy or acceptance of

11-22  candidacy with that officer within 10 days after the last day to

11-23  qualify as a candidate for the applicable office.

11-24     Sec. 11.  Section 2 of Senate Bill No. 147 of the 72nd Session

11-25  of the Nevada Legislature is hereby amended to read as follows:

11-26     Sec. 2. NRS 281.431 is hereby amended to read as

11-27  follows:

11-28     281.431  As used in NRS 281.411 to 281.581, inclusive,

11-29  and [sections 1.3 and 1.7]section 1.3 of this act, unless the

11-30  context otherwise requires, the words and terms defined in

11-31  NRS 281.432 to 281.4375, inclusive, have the meanings

11-32  ascribed to them in those sections.

11-33     Sec. 12.  Section 9 of Senate Bill No. 183 of the 72nd Session

11-34  of the Nevada Legislature is hereby amended to read as follows:

11-35     Sec. 9. Chapter 287 of NRS is hereby amended by

11-36  adding thereto a new section to read as follows:

11-37     The governing body of any county, school district,

11-38  municipal corporation, political subdivision, public

11-39  corporation or other local governmental agency of the State

11-40  of Nevada that provides health insurance through a plan of

11-41  self-insurance shall provide coverage for colorectal cancer

11-42  screening in accordance with:

11-43     1. The guidelines concerning colorectal cancer

11-44  screening which are published by the American Cancer

11-45  Society; or

12-1      2.  Other guidelines or reports concerning colorectal

12-2  cancer screening which are published by nationally

12-3  recognized professional organizations and which include

12-4  current or prevailing supporting scientific data.

12-5      Sec. 13.  Section 1 of Senate Bill No. 233 of the 72nd Session

12-6  of the Nevada Legislature is hereby amended to read as follows:

12-7      Section 1.  NRS 349.986 is hereby amended to read as

12-8  follows:

12-9      349.986  The State Board of Finance shall issue general

12-10  obligation bonds of the State of Nevada in the face amount of

12-11  not more than [$86,000,000] $90,000,000 to support the

12-12  purposes of the program. The net proceeds from the sale of

12-13  the bonds must be deposited in the Fund. The bonds must be

12-14  redeemed through the Consolidated Bond Interest and

12-15  Redemption Fund.

12-16     Sec. 14.  Section 35 of Senate Bill No. 250 of the 72nd Session

12-17  of the Nevada Legislature is hereby amended to read as follows:

12-18     Sec. 35.  [In] Except as otherwise provided in section 5

12-19  of Senate Bill No. 332 of the 72nd Session of the Nevada

12-20  Legislature, in addition to the other requirements for

12-21  licensure, an applicant for a license to practice medicine shall

12-22  cause to be submitted to the Board a certificate of completion

12-23  of progressive postgraduate training from the residency

12-24  program where the applicant received training.

12-25     Sec. 15.  Section 52 of Senate Bill No. 250 of the 72nd Session

12-26  of the Nevada Legislature is hereby amended to read as follows:

12-27     Sec. 52.  NRS 630.301 is hereby amended to read as

12-28  follows:

12-29     630.301  The following acts, among others, constitute

12-30  grounds for initiating disciplinary action or denying licensure:

12-31     1.  Conviction of a felony[.] relating to the practice of

12-32  medicine or the ability to practice medicine. A plea of nolo

12-33  contendere is a conviction for the purposes of this subsection.

12-34     2.  Conviction of violating any of the provisions of NRS

12-35  616D.200, 616D.220, 616D.240, 616D.300, 616D.310 or

12-36  616D.350 to 616D.440, inclusive.

12-37     3.  The revocation, suspension, modification or limitation

12-38  of the license to practice any type of medicine by any other

12-39  jurisdiction or the surrender of the license or discontinuing

12-40  the practice of medicine while under investigation by any

12-41  licensing authority, a medical facility, a branch of the Armed

12-42  Services of the United States, an insurance company, an

12-43  agency of the Federal Government or an employer.

13-1      4.  Malpractice, which may be evidenced by claims

13-2  settled against a practitioner, but only if such malpractice is

13-3  established by a preponderance of the evidence.

13-4      5.  The engaging by a practitioner in any sexual activity

13-5  with a patient who is currently being treated by the

13-6  practitioner.

13-7      6.  Disruptive behavior with physicians, hospital

13-8  personnel, patients, members of the families of patients or

13-9  any other persons if the behavior interferes with patient care

13-10  or has an adverse impact on the quality of care rendered to a

13-11  patient.

13-12     7.  The engaging in conduct that violates the trust of a

13-13  patient and exploits the relationship between the physician

13-14  and the patient for financial or other personal gain.

13-15     8.  The failure to offer appropriate procedures or studies,

13-16  to protest inappropriate denials by organizations for managed

13-17  care, to provide necessary services or to refer a patient to an

13-18  appropriate provider, when such a failure occurs with the

13-19  intent of positively influencing the financial well-being of the

13-20  practitioner or an insurer.

13-21     9.  The engaging in conduct that brings the medical

13-22  profession into disrepute, including, without limitation,

13-23  conduct that violates any provision of a national code of

13-24  ethics adopted by the Board by regulation.

13-25     10.  The engaging in sexual contact with the surrogate of

13-26  a patient or other key persons related to a patient, including,

13-27  without limitation, a spouse, parent or legal guardian, which

13-28  exploits the relationship between the physician and the patient

13-29  in a sexual manner.

13-30     Sec. 16. 1.  Section 32 of Assembly Bill No. 55 of the 72nd

13-31  Session of the Nevada Legislature is hereby repealed.

13-32     2.  Sections 12, 13 and 14 of Assembly Bill No. 493 of the 72nd

13-33  Session of the Nevada Legislature are hereby repealed.

13-34     3.  Section 38 of Senate Bill No. 100 of the 72nd Session of the

13-35  Nevada Legislature is hereby repealed.

13-36     4.  Sections 1.7, 3.7, 8.3, 8.7, 9 and 11 of Senate Bill No. 147 of

13-37  the 72nd Session of the Nevada Legislature are hereby repealed.

13-38     5.  Section 4 of Senate Bill No. 200 of the 72nd Session of the

13-39  Nevada Legislature is hereby repealed.

13-40     6.  Section 45 of Senate Bill No. 250 of the 72nd Session of the

13-41  Nevada Legislature is hereby repealed.

13-42     Sec. 17.  1.  This section and sections 8 and 9 of this act

13-43  become effective upon passage and approval, but apply retroactively

13-44  to June 30, 2003.

14-1      2.  Sections 1 to 5, inclusive, and 7 to 16, inclusive, of this act

14-2  become effective upon passage and approval.

14-3      3.  Section 6 of this act becomes effective on January 1, 2004.

 

14-4  TEXT OF REPEALED SECTIONS

 

14-5      Section 32 of Assembly Bill No. 55 of the 72nd Session of the

14-6   Nevada Legislature:

14-7      Sec. 32. NRS 630.301 is hereby amended to read as

14-8   follows:

14-9      630.301  The following acts, among others, constitute

14-10   grounds for initiating disciplinary action or denying

14-11   licensure:

14-12     1.  Conviction of [a felony,] any offense involving moral

14-13   turpitude or any offense relating to the practice of medicine

14-14   or the ability to practice medicine. A plea of nolo contendere

14-15   is a conviction for the purposes of this subsection.

14-16     2.  Conviction of violating any of the provisions of NRS

14-17   616D.200, 616D.220, 616D.240, 616D.300, 616D.310, or

14-18   616D.350 to 616D.440, inclusive.

14-19     3.  The revocation, suspension, modification or limitation

14-20   of the license to practice any type of medicine by any other

14-21   jurisdiction or the surrender of the license or discontinuing

14-22   the practice of medicine while under investigation by any

14-23   licensing authority, a medical facility, a branch of the Armed

14-24   Services of the United States, an insurance company, an

14-25   agency of the Federal Government or an employer.

14-26     4.  Malpractice, which may be evidenced by claims

14-27   settled against a practitioner.

14-28     5.  The engaging by a practitioner in any sexual activity

14-29   with a patient who is currently being treated by the

14-30   practitioner.

14-31     6.  Disruptive behavior with physicians, hospital

14-32   personnel, patients, members of the families of patients or

14-33   any other persons if the behavior interferes with patient care

14-34   or has an adverse impact on the quality of care rendered to a

14-35   patient.

14-36     7.  The engaging in conduct that violates the trust of a

14-37   patient and exploits the relationship between the physician

14-38   and the patient for financial or other personal gain.

14-39     8.  The failure to offer appropriate procedures or studies,

14-40   to protest inappropriate denials by organizations for managed

14-41   care, to provide necessary services or to refer a patient to an

15-1  appropriate provider, when such a failure occurs with the

15-2  intent of positively influencing the financial well-being of the

15-3   practitioner or an insurer.

15-4      9.  The engaging in conduct that brings the medical

15-5   profession into disrepute, including, without limitation,

15-6   conduct that violates any provision of a national code of

15-7   ethics adopted by the Board by regulation.

15-8      10.  The engaging in sexual contact with the surrogate of

15-9   a patient or other key persons related to a patient, including,

15-10   without limitation, a spouse, parent or legal guardian, which

15-11   exploits the relationship between the physician and the

15-12   patient in a sexual manner.

15-13     Section 12 of Assembly Bill No. 493 of the 72nd Session of the

15-14   Nevada Legislature:

15-15     Sec. 12.  NRS 645A.040 is hereby amended to read as

15-16   follows:

15-17     645A.040  1.  Every license issued pursuant to the

15-18   provisions of this chapter expires on July 1 of each year if it

15-19   is not renewed. A license may be renewed by filing an

15-20   application for renewal and paying the annual fee for the

15-21   succeeding year.

15-22     2.  The fees for the issuance or renewal of a license for

15-23   an escrow agency are:

15-24     (a) For filing an application for an initial license, $500 for

15-25   the principal office and $100 for each branch office. All

15-26   money received by the Commissioner pursuant to this

15-27   paragraph must be placed in the Investigative Account

15-28   created by NRS 232.545.

15-29     (b) If the license is approved for issuance, $200 for the

15-30   principal office and $100 for each branch office. The fee

15-31   must be paid before issuance of the license.

15-32     (c) For filing an application for renewal, $200 for the

15-33   principal office and $100 for each branch office.

15-34     3.  The fees for the issuance or renewal of a license for

15-35   an escrow agent are:

15-36     (a) For filing an application for an initial license or for the

15-37   renewal of a license, $100.

15-38     (b) If a license is approved for issuance or renewal, $25.

15-39   The fee must be paid before the issuance or renewal of the

15-40   license.

15-41     4.  If a licensee fails to pay the fee for the annual renewal

15-42   of his license before its expiration, his license may be

15-43   renewed only upon the payment of a fee 1 1/2 times the

15-44   amount otherwise required for renewal. A license may be

16-1  renewed pursuant to this subsection only if all the fees are

16-2  paid within 1 year after the date on which the license expired.

16-3      5.  In addition to the other fees set forth in this section,

16-4   each applicant or licensee shall pay:

16-5      (a) For filing an application for a duplicate copy of any

16-6   license, upon satisfactory showing of its loss, $10.

16-7      (b) For filing any change of information contained in the

16-8   application, $10.

16-9      (c) For each change of association with an escrow agency,

16-10   $25.

16-11     6.  Except as otherwise provided in this chapter, all fees

16-12   received pursuant to this chapter must be deposited in the

16-13   State Treasury [for credit to the State General Fund.]

16-14   pursuant to the provisions of section 2 of this act.

16-15     Section 13 of Assembly Bill No. 493 of the 72nd Session of the

16-16   Nevada Legislature:

16-17     Sec. 13.  NRS 645B.050 is hereby amended to read as

16-18   follows:

16-19     645B.050  1.  A license issued pursuant to this chapter

16-20   expires each year on June 30, unless it is renewed. To renew

16-21   a license, the licensee must submit to the Commissioner on

16-22   or before June 30 of each year:

16-23     (a) An application for renewal;

16-24     (b) The fee required to renew the license pursuant to this

16-25   section; and

16-26     (c) The information required pursuant to NRS 645B.051.

16-27     2.  If the licensee fails to submit any item required

16-28   pursuant to subsection 1 to the Commissioner on or before

16-29   June 30 of any year, the license is cancelled. The

16-30   Commissioner may reinstate a cancelled license if the

16-31   licensee submits to the Commissioner:

16-32     (a) An application for renewal;

16-33     (b) The fee required to renew the license pursuant to this

16-34   section;

16-35     (c) The information required pursuant to NRS 645B.051;

16-36   and

16-37     (d) Except as otherwise provided in this section, a

16-38   reinstatement fee of $200.

16-39     3.  Except as otherwise provided in NRS 645B.016, a

16-40   certificate of exemption issued pursuant to this chapter

16-41   expires each year on December 31, unless it is renewed. To

16-42   renew a certificate of exemption, a person must submit to the

16-43   Commissioner on or before December 31 of each year:

17-1      (a) An application for renewal that includes satisfactory

17-2  proof that the person meets the requirements for an

17-3   exemption from the provisions of this chapter; and

17-4      (b) The fee required to renew the certificate of exemption.

17-5      4.  If the person fails to submit any item required

17-6   pursuant to subsection 3 to the Commissioner on or before

17-7   December 31 of any year, the certificate of exemption is

17-8   cancelled. Except as otherwise provided in NRS 645B.016,

17-9   the Commissioner may reinstate a cancelled certificate of

17-10   exemption if the person submits to the Commissioner:

17-11     (a) An application for renewal that includes satisfactory

17-12   proof that the person meets the requirements for an

17-13   exemption from the provisions of this chapter;

17-14     (b) The fee required to renew the certificate of exemption;

17-15   and

17-16     (c) Except as otherwise provided in this section, a

17-17   reinstatement fee of $100.

17-18     5.  Except as otherwise provided in this section, a person

17-19   must pay the following fees to apply for, to be issued or to

17-20   renew a license as a mortgage broker pursuant to this

17-21   chapter:

17-22     (a) To file an original application for a license, $1,500 for

17-23   the principal office and $40 for each branch office. The

17-24   person must also pay such additional expenses incurred in

17-25   the process of investigation as the Commissioner deems

17-26   necessary. All money received by the Commissioner

17-27   pursuant to this paragraph must be placed in the Investigative

17-28   Account created by NRS 232.545.

17-29     (b) To be issued a license, $1,000 for the principal office

17-30   and $60 for each branch office.

17-31     (c) To renew a license, $500 for the principal office and

17-32   $100 for each branch office.

17-33     6.  Except as otherwise provided in this section, a person

17-34   must pay the following fees to apply for or to renew a

17-35   certificate of exemption pursuant to this chapter:

17-36     (a) To file an application for a certificate of exemption,

17-37   $200.

17-38     (b) To renew a certificate of exemption, $100.

17-39     7.  To be issued a duplicate copy of any license or

17-40   certificate of exemption, a person must make a satisfactory

17-41   showing of its loss and pay a fee of $10.

17-42     8.  Except as otherwise provided in this chapter, all fees

17-43   received pursuant to this chapter must be deposited in the

17-44   State Treasury [for credit to the State General Fund.]

17-45   pursuant to the provisions of section 2 of this act.

18-1      9.  The Commissioner may, by regulation, increase any

18-2  fee set forth in this section if the Commissioner determines

18-3   that such an increase is necessary for the Commissioner to

18-4   carry out his duties pursuant to this chapter. The amount of

18-5   any increase in a fee pursuant to this subsection must not

18-6   exceed the amount determined to be necessary for the

18-7   Commissioner to carry out his duties pursuant to this chapter.

18-8      Section 14 of Assembly Bill No. 493 of the 72nd Session of the

18-9   Nevada Legislature:

18-10     Sec. 14.  NRS 645E.280 is hereby amended to read as

18-11   follows:

18-12     645E.280  1.  A license issued to a mortgage company

18-13   pursuant to this chapter expires each year on December 31,

18-14   unless it is renewed. To renew a license, the licensee must

18-15   submit to the Commissioner on or before December 31 of

18-16   each year:

18-17     (a) An application for renewal that complies with the

18-18   requirements of this chapter; and

18-19     (b) The fee required to renew the license pursuant to this

18-20   section.

18-21     2.  If the licensee fails to submit any item required

18-22   pursuant to subsection 1 to the Commissioner on or before

18-23   December 31 of any year, the license is cancelled. The

18-24   Commissioner may reinstate a cancelled license if the

18-25   licensee submits to the Commissioner:

18-26     (a) An application for renewal that complies with the

18-27   requirements of this chapter;

18-28     (b) The fee required to renew the license pursuant to this

18-29   section; and

18-30     (c) A reinstatement fee of $200.

18-31     3.  Except as otherwise provided in NRS 645E.160, a

18-32   certificate of exemption issued pursuant to this chapter

18-33   expires each year on December 31, unless it is renewed. To

18-34   renew a certificate of exemption, a person must submit to the

18-35   Commissioner on or before December 31 of each year:

18-36     (a) An application for renewal that complies with the

18-37   requirements of this chapter; and

18-38     (b) The fee required to renew the certificate of exemption.

18-39     4.  If the person fails to submit any item required

18-40   pursuant to subsection 3 to the Commissioner on or before

18-41   December 31 of any year, the certificate of exemption is

18-42   cancelled. Except as otherwise provided in NRS 645E.160,

18-43   the Commissioner may reinstate a cancelled certificate of

18-44   exemption if the person submits to the Commissioner:

19-1      (a) An application for renewal that complies with the

19-2  requirements of this chapter;

19-3      (b) The fee required to renew the certificate of exemption;

19-4   and

19-5      (c) A reinstatement fee of $100.

19-6      5.  A person must pay the following fees to apply for, to

19-7   be issued or to renew a license as a mortgage company

19-8   pursuant to this chapter:

19-9      (a) To file an original application for a license, $1,500 for

19-10   the principal office and $40 for each branch office. The

19-11   person must also pay such additional expenses incurred in

19-12   the process of investigation as the Commissioner deems

19-13   necessary. All money received by the Commissioner

19-14   pursuant to this paragraph must be placed in the Investigative

19-15   Account created by NRS 232.545.

19-16     (b) To be issued a license, $1,000 for the principal office

19-17   and $60 for each branch office.

19-18     (c) To renew a license, $500 for the principal office and

19-19   $100 for each branch office.

19-20     6.  A person must pay the following fees to apply for or

19-21   to renew a certificate of exemption pursuant to this chapter:

19-22     (a) To file an application for a certificate of exemption,

19-23   $200.

19-24     (b) To renew a certificate of exemption, $100.

19-25     7.  To be issued a duplicate copy of any license or

19-26   certificate of exemption, a person must make a satisfactory

19-27   showing of its loss and pay a fee of $10.

19-28     8.  Except as otherwise provided in this chapter, all fees

19-29   received pursuant to this chapter must be deposited in the

19-30   State Treasury [for credit to the State General Fund.]

19-31   pursuant to the provisions of section 2 of this act.

19-32     Section 38 of Senate Bill No. 100 of the 72nd Session of the

19-33   Nevada Legislature:

19-34     Sec. 38. 1.  Notwithstanding any provision of the

19-35   governing documents to the contrary, and except as

19-36   otherwise provided in this section, a unit’s owner is entitled

19-37   to display the flag of the United States, in a manner that is

19-38   consistent with the Federal Flag Code, from or on:

19-39     (a) A flagpole or staff which is located on exterior

19-40   property within the boundaries of his unit or which is

19-41   attached to an exterior limited common element that forms

19-42   a part of the boundaries of his unit.

19-43     (b) A window, ledge, sill, railing, patio, terrace or

19-44   balcony of his unit or an exterior limited common element

20-1  that forms a part of the boundaries of his unit, whether or

20-2  not the flag is displayed from a flagpole or staff.

20-3      2.  An association may adopt rules that:

20-4      (a) Prohibit the display of the flag of the United States

20-5   in a manner that is inconsistent with the Federal Flag

20-6   Code.

20-7      (b) Prohibit the display of the flag of the United States if

20-8   the flag exceeds 4 feet in its vertical dimension or 6 feet in

20-9   its horizontal dimension. For the purposes of this

20-10   paragraph, the horizontal dimension of the flag is the

20-11   dimension that is parallel with the horizontal stripes of the

20-12   flag, regardless of the position in which the flay is

20-13   displayed.

20-14     (c) Establish a maximum number of flags of the United

20-15   States that may be displayed from, on or around the

20-16   exterior of a unit. The maximum number may be one.

20-17     (d) Prohibit the display of the flag of the United States

20-18   from a flagpole or staff that exceeds 25 feet in height.

20-19     (e) Prohibit the display of the flag of the United States in

20-20   a manner that poses a real and substantial danger to health

20-21   or safety.

20-22     3.  As used in this section:

20-23     (a) “Federal Flag Code” means the rules and customs

20-24   pertaining to the display and use of the flag of the United

20-25   States which are codified in 4 U.S.C. §§ 5 to 10, inclusive,

20-26   as altered, modified or repealed by the President of the

20-27   United States pursuant to 4 U.S.C. § 10, and any additional

20-28   rules pertaining to the display and use of the flag of the

20-29   United States which are prescribed by the President

20-30   pursuant to 4 U.S.C. § 10.

20-31     (b) “Flag of the United States” does not include a

20-32   depiction or emblem of the flag of the United States that is

20-33   made of balloons, flora, lights, paint, paving materials,

20-34   roofing, siding or any other similar building, decorative or

20-35   landscaping component or material.

20-36     Section 1.7 of Senate Bill No. 147 of the 72nd Session of the

20-37   Nevada Legislature:

20-38     Sec. 1.7. 1.  Except as otherwise provided in

20-39   subsection 2 or 3, each public officer who was appointed to

20-40   the office for which he is serving and who is entitled to

20-41   receive annual compensation of $6,000 or more for serving

20-42   in that office shall file with the Commission, and with the

20-43   officer with whom declarations of candidacy for the office

20-44   are filed, a statement of financial disclosure, as follows:

20-45     (a) A public officer appointed to fill the unexpired term

20-46   of an elected public officer shall file a statement of

20-47   financial disclosure within 30 days after his appointment.

21-1      (b) Each public officer appointed to fill an office shall

21-2  file a statement of financial disclosure on or before

21-3  January 15 of each year of the term, including the year the

21-4   term expires.

21-5      (c) A public officer who leaves office on a date other

21-6   than the expiration of his term or anniversary of his

21-7   appointment shall file a statement of financial disclosure

21-8   within 60 days after leaving office.

21-9      2.  A statement filed pursuant to one of the paragraphs

21-10   of subsection 1 may be used to satisfy the requirements of

21-11   another paragraph of subsection 1 if the initial statement

21-12   was filed not more than 3 months before the other

21-13   statement is required to be filed.

21-14     3.  If a person is serving in a public office for which he

21-15   is required to file a statement pursuant to subsection 1, he

21-16   may use the statement he files for that initial office to

21-17   satisfy the requirements of subsection 1 for every other

21-18   public office in which he is also serving.

21-19     4.  A person may satisfy the requirements of subsection

21-20   1 by filing with the Commission a copy of a statement of

21-21   financial disclosure that was filed pursuant to the

21-22   requirements of a specialized or local ethics committee if

21-23   the form of the statement has been approved by the

21-24   Commission.

21-25     5.  A candidate for judicial office or a judicial officer

21-26   shall file a statement of financial disclosure pursuant to the

21-27   requirements of Canon 4I of the Nevada Code of Judicial

21-28   Conduct. Such a statement of financial disclosure must

21-29   include, without limitation, all information required to be

21-30   included in a statement of financial disclosure pursuant to

21-31   NRS 281.571.

21-32     Section 3.7 of Senate Bill No. 147 of the 72nd Session of the

21-33   Nevada Legislature:

21-34     Sec. 3.7. NRS 281.471 is hereby amended to read as

21-35   follows:

21-36     281.471 The Commission shall:

21-37     1.  Adopt procedural regulations:

21-38     (a) To facilitate the receipt of inquiries by the

21-39   Commission;

21-40     (b) For the filing of a request for an opinion with the

21-41   Commission;

21-42     (c) For the withdrawal of a request for an opinion by the

21-43   person who filed the request; and

21-44     (d) To facilitate the prompt rendition of opinions by the

21-45   Commission.

22-1      2.  Prescribe, by regulation, forms for the submission of

22-2  statements of financial disclosure filed by candidates and

22-3   elected and appointed public officers pursuant to NRS

22-4   281.561 and section 1.7 of this act and statements of

22-5   acknowledgment filed by public officers pursuant to

22-6  NRS 281.552.

22-7      3.  Prescribe, by regulation, [forms and] procedures for

22-8   the submission of statements of financial disclosure filed by

22-9   appointed public officers pursuant to section 1.7 of this act

22-10   and statements of acknowledgment filed by public officers

22-11   pursuant to NRS 281.552, maintain files of such statements

22-12   and make the statements available for public inspection.

22-13     [3.] 4.  Cause the making of such investigations as are

22-14   reasonable and necessary for the rendition of its opinions

22-15   pursuant to this chapter.

22-16     [4.] 5.  Inform the Attorney General or district attorney

22-17   of all cases of noncompliance with the requirements of this

22-18   chapter.

22-19     [5.] 6.  Recommend to the Legislature such further

22-20   legislation as the Commission considers desirable or

22-21   necessary to promote and maintain high standards of ethical

22-22   conduct in government.

22-23     [6.] 7.  Publish a manual for the use of public officers

22-24   and employees that contains:

22-25     (a) Hypothetical opinions which are abstracted from

22-26   opinions rendered pursuant to subsection 1 of NRS 281.511,

22-27   for the future guidance of all persons concerned with ethical

22-28   standards in government;

22-29     (b) Abstracts of selected opinions rendered pursuant to

22-30   subsection 2 of NRS 281.511; and

22-31     (c) An abstract of the requirements of this chapter.

22-32  The Legislative Counsel shall prepare annotations to this

22-33   chapter for inclusion in the Nevada Revised Statutes based

22-34   on the abstracts and published opinions of the Commission.

22-35     Section 8.3 of Senate Bill No. 147 of the 72nd Session of the

22-36   Nevada Legislature:

22-37     Sec. 8.3. NRS 281.552 is hereby amended to read as

22-38   follows:

22-39     281.552 1.  Every public officer shall acknowledge that

22-40   he has received, read and understands the statutory ethical

22-41   standards. The acknowledgment must be on a form

22-42   prescribed by the Commission and must accompany the first

22-43   statement of financial disclosure that the public officer is

22-44   required to file with the Commission pursuant to section 1.7

22-45   of this act or with the Secretary of State pursuant to NRS

22-46   281.561.

23-1      2.  The Commission and the Secretary of State shall

23-2  retain an acknowledgment filed pursuant to this section for 6

23-3   years after the date on which the acknowledgment was filed.

23-4      3.  Willful refusal to execute and file the

23-5   acknowledgment required by this section constitutes

23-6   nonfeasance in office and is a ground for removal pursuant to

23-7   NRS 283.440.

23-8      Section 8.7 of Senate Bill No. 147 of the 72nd Session of the

23-9   Nevada Legislature:

23-10     Sec. 8.7. NRS 281.561 is hereby amended to read as

23-11   follows:

23-12     281.561 1.  Except as otherwise provided in subsection

23-13   2 or 3, [if a] each candidate for public office [or a public

23-14   officer is] who will be entitled to receive annual

23-15   compensation of $6,000 or more for serving in the office [in

23-16   question, he] that he is seeking and each public officer who

23-17   was elected to the office for which he is serving shall file

23-18   with the [Commission,] Secretary of State, and with the

23-19   officer with whom declarations of candidacy for the office

23-20   [in question] are filed, a statement of financial disclosure, as

23-21   follows:

23-22     (a) A candidate for nomination, election or reelection to

23-23   public office shall file a statement of financial disclosure no

23-24   later than the 10th day after the last day to qualify as a

23-25   candidate for the office.

23-26     (b) [A public officer appointed to fill the unexpired term

23-27   of an elected public officer shall file a statement of financial

23-28   disclosure within 30 days after his appointment.

23-29     (c) Every public officer, whether appointed or elected,]

23-30   Each public officer shall file a statement of financial

23-31   disclosure on or before [March 31] January 15 of each year

23-32   of the term, including the year the term expires.

23-33     [(d)] (c) A public officer who leaves office on a date

23-34   other than the expiration of his term or anniversary of his

23-35   [appointment or election,] election shall file a statement of

23-36   financial disclosure within 60 days after leaving office.

23-37     2.  A statement filed pursuant to one of the paragraphs of

23-38   subsection 1 may be used to satisfy the requirements of

23-39   another paragraph of subsection 1 if the initial statement was

23-40   filed not more than 3 months before the other statement is

23-41   required to be filed.

23-42     3.  If a person is serving in a public office for which he is

23-43   required to file a statement pursuant to subsection 1, he may

23-44   use the statement he files for that initial office to satisfy the

24-1  requirements of subsection 1 for every other public office in

24-2  which he is also serving.

24-3      4.  A person may satisfy the requirements of subsection 1

24-4   by filing with the [Commission] Secretary of State a copy of

24-5   a statement of financial disclosure that was filed pursuant to

24-6   the requirements of a specialized or local ethics committee if

24-7   the form of the statement has been approved by the

24-8   Commission.

24-9      5.  A candidate for judicial office or a judicial officer

24-10   shall file a statement of financial disclosure pursuant to the

24-11   requirements of Canon 4I of the Nevada Code of Judicial

24-12   Conduct. Such a statement of financial disclosure must

24-13   include, without limitation, all information required to be

24-14   included in a statement of financial disclosure pursuant to

24-15   NRS 281.571.

24-16     6.  The Secretary of State shall prescribe, by regulation,

24-17   procedures for the submission of statements of financial

24-18   disclosure filed by candidates or public officers pursuant to

24-19   this section, maintain files of such statements and make the

24-20   statements available for public inspection.

24-21     Section 9 of Senate Bill No. 147 of the 72nd Session of the

24-22   Nevada Legislature:

24-23     Sec. 9. NRS 281.573 is hereby amended to read as

24-24   follows:

24-25     281.573  1.  Except as otherwise provided in subsection

24-26   2, statements of financial disclosure required by the

24-27   provisions of NRS 281.561 and 281.571 and section 1.7 of

24-28   this act must be retained by the Commission, Secretary of

24-29   State, county clerk , or registrar of voters of the county if

24-30   one was appointed pursuant to NRS 244.164, and city clerk

24-31   for 6 years after the date of filing.

24-32     2.  For public officers who serve more than one term in

24-33   either the same public office or more than one public office,

24-34   the period prescribed in subsection 1 begins on the date of

24-35   the filing of the last statement of financial disclosure for the

24-36   last public office held.

24-37     Section 11 of Senate Bill No. 147 of the 72nd Session of the

24-38   Nevada Legislature:

24-39     Sec. 11. NRS 281.581 is hereby amended to read as

24-40   follows:

24-41     281.581  1.  A candidate for public office or public

24-42   officer who willfully fails to file his statement of financial

24-43   disclosure or willfully fails to file his statement of financial

24-44   disclosure in a timely manner pursuant to NRS 281.561 or

24-45   section 1.7 of this act is subject to a civil penalty and

25-1  payment of court costs and attorney’s fees. Except as

25-2  otherwise provided in subsection 3, the amount of the civil

25-3   penalty is:

25-4      (a) If the statement is filed not more than [7 days late, $25

25-5   for each day the statement is late.] 10 days after the

25-6   applicable deadline set forth in subsection 1 of NRS

25-7   281.561 or subsection 1 of section 1.7 of this act, $25.

25-8      (b) If the statement is filed more than [7 days late] 10

25-9   days but not more than [15 days late, $175 for the first

25-10   7 days, plus $50 for each additional day the statement is

25-11   late.] 20 days after the applicable deadline set forth in

25-12   subsection 1 of NRS 281.561 or subsection 1 of section 1.7

25-13   of this act, $50.

25-14     (c) If the statement is filed more than [15 days late, $575

25-15   for the first 15 days, plus $100 for each additional day the

25-16   statement is late.] 20 days but not more than 30 days after

25-17   the applicable deadline set forth in subsection 1 of NRS

25-18   281.561 or subsection 1 of section 1.7 of this act, $100.

25-19     (d) If the statement is filed more than 30 days but not

25-20   more than 45 days after the applicable deadline set forth in

25-21   subsection 1 of NRS 281.561 or subsection 1 of section 1.7

25-22   of this act, $250.

25-23     (e) If the statement is not filed or is filed more than 45

25-24   days after the applicable deadline set forth in subsection 1

25-25   of NRS 281.561 or subsection 1 of section 1.7 of this act,

25-26   $2,000.

25-27     2.  The Commission may, for good cause shown, waive

25-28   [or reduce] the civil penalty.

25-29     3.  The civil penalty imposed for a violation of this

25-30   section must not exceed the annual compensation for the

25-31   office for which the statement was filed.

25-32     4.  The civil penalty must be recovered in a civil action

25-33   brought in the name of the State of Nevada by the

25-34   Commission in a court of competent jurisdiction and

25-35   deposited by the Commission in the account for credit to the

25-36   State General Fund in the bank designated by the State

25-37   Treasurer.

25-38     5.  If the Commission waives a civil penalty pursuant to

25-39   subsection 2, the Commission shall:

25-40     (a) Create a record which sets forth that the civil penalty

25-41   has been waived and describes the circumstances that

25-42   constitute the good cause shown; and

25-43     (b) Ensure that the record created pursuant to paragraph

25-44   (a) is available for review by the general public.

26-1      6.  As used in this section, “willfully” means

26-2  deliberately, intentionally and knowingly.

26-3      Section 4 of Senate Bill No. 200 of the 72nd Session of the

26-4  Nevada Legislature:

26-5      Sec. 4. NRS 349.986 is hereby amended to read as

26-6   follows:

26-7      349.986  The State Board of Finance shall issue general

26-8   obligation bonds of the State of Nevada in the face amount of

26-9   not more than [$69,000,000] $73,000,000 to support the

26-10   purposes of the program. The net proceeds from the sale of

26-11   the bonds must be deposited in the Fund. The bonds must be

26-12   redeemed through the Consolidated Bond Interest and

26-13   Redemption Fund.

26-14     Section 45 of Senate Bill No. 250 of the 72nd Session of the

26-15   Nevada Legislature:

26-16     Sec. 45. NRS 630.060 is hereby amended to read as

26-17   follows:

26-18     630.060  1.  Six members of the Board must be persons

26-19   who are licensed to practice medicine in this state, are

26-20   actually engaged in the practice of medicine in this state and

26-21   have resided and practiced medicine in this state for at least 5

26-22   years preceding their respective appointments.

26-23     2.  The remaining members must be persons who have

26-24   resided in this state for at least 5 years and who:

26-25     (a) Are not licensed in any state to practice any healing

26-26   art;

26-27     (b) Are not actively engaged in the administration of any

26-28   facility for the dependent as defined in chapter 449 of NRS,

26-29   medical facility or medical school; and

26-30     (c) Do not have a pecuniary interest in any matter

26-31   pertaining to the healing arts, except as a patient or potential

26-32   patient.

26-33     3.  The members of the Board must be selected without

26-34   regard to their individual political beliefs.

26-35     4.  The President of the Board shall conduct a training

26-36   [programs] program to assist new members of the Board in

26-37   the performance of their duties.

 

26-38  H