Senate Bill No. 39–Senator Amodei
Prefiled January 27, 1999
____________
Referred to Committee on Commerce and Labor
SUMMARY—Revises various provisions governing credit unions and deposit of money. (BDR 56-719)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
~
EXPLANATION – Matter in
bolded italics is new; matter between brackets
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1
Section 1. NRS 673.276 is hereby amended to read as follows: 673.276 An association may invest in:1-3
1. Without limit, obligations of, or obligations guaranteed as to1-4
principal and interest by, the United States or any state.1-5
2. Obligations of the United States Postal Service, whether or not1-6
guaranteed as to principal and interest by the United States.1-7
3. Stock of a Federal Home Loan Bank of which the association is1-8
eligible to be a member.1-9
4. Any obligations or consolidated obligations of any Federal Home1-10
Loan Bank or Banks.1-11
5. Stock or obligations of the Federal Deposit Insurance Corporation.1-12
6. Stock or obligations of a national mortgage association or any1-13
successor or successors thereto, including the Federal National Mortgage1-14
Association.2-1
7. Demand, time or savings deposits with any bank , credit union or2-2
trust company whose deposits are insured by the Federal Deposit Insurance2-3
Corporation2-4
private insurer approved pursuant to NRS 678.755.2-5
8. Stock or obligations of any corporation or agency of the United2-6
States or any state, or in deposits therewith to the extent that such a2-7
corporation or agency assists in furthering or facilitating the association’s2-8
purposes or powers.2-9
9. Savings accounts of any insured association licensed by the state and2-10
of any federal savings and loan association, if the accounts of the savings2-11
and loan association are insured by the Federal Deposit Insurance2-12
Corporation.2-13
10. Bonds, notes or other evidences of indebtedness which are general2-14
obligations of any city, town, county, school district or other municipal2-15
corporation or political subdivision of any state.2-16
11. Capital stock and other securities of:2-17
(a) A state development corporation organized under the provisions of2-18
chapter 670 of NRS.2-19
(b) A corporation for economic revitalization and diversification2-20
organized under the provisions of chapter 670A of NRS, if the association is2-21
a member of the corporation, and to the extent of its loan limit established2-22
under NRS 670A.200.2-23
12. Any other investment at the discretion of the association’s directors2-24
if, after the investment is made, the association’s accounts remain insurable2-25
by the Federal Deposit Insurance Corporation.2-26
Sec. 2. NRS 673.377 is hereby amended to read as follows: 673.377 1. Every association shall have on hand at all times in2-28
available money,2-29
United States Government bonds, certificates of insured savings and loan2-30
associations, Federal Home Loan Bank evidences of indebtedness, time2-31
certificates of insured federal and state banks , time certificates of insured2-32
credit unions or2-33
instrumentality which is by statute fully guaranteed, a sum not less than 52-34
percent of the aggregate of savings accounts and investment certificates to2-35
enable it to pay withdrawals in excess of receipts and to meet accruing2-36
expenses. The commissioner may prescribe from time to time different2-37
amounts required for liquidity purposes, but the amounts must not be less2-38
than 4 percent or more than 8 percent.2-39
2. A deposit in a bank , credit union or association under the control or2-40
the possession of appropriate supervisory authority must not be considered2-41
as cash. Except for deposits in a Federal Home Loan Bank, a time deposit2-42
established hereafter, whether or not time deposit-open account or deposit3-1
evidenced by a certificate of deposit, must not be considered as cash for3-2
such purposes unless:3-3
(a) The member itself made the deposit in question;3-4
(b) The deposit, together with all other time deposits of the association in3-5
the same bank3-6
3-7
(1) One-quarter of 1 percent of the3-8
or credit union as of the3-9
the bank or credit union; or3-10
(2) Fifteen thousand dollars; and3-11
(c) No consideration was received from a third party in connection with3-12
the making of the deposit.3-13
3. An association must not make or purchase any loan, other than3-14
advances on the sole security of its savings accounts, at any time when its3-15
liquidity drops below the required level. For the purpose of this section, a3-16
loan is deemed to have been made as of the date the borrower executed the3-17
security instrument, and a loan is deemed to have been purchased as of the3-18
date of the payment therefor.3-19
Sec. 3. NRS 676.220 is hereby amended to read as follows: 676.220 Each licensee shall:3-21
1. Open and maintain a separate trust account in a state3-22
national bank or credit union doing business in this state. All money3-23
received from debtors for the benefit of creditors must be deposited in, and3-24
all payments to creditors must be disbursed from, this account.3-25
2. Keep and use such books and accounting records as are in accord3-26
with sound and accepted accounting practices.3-27
3. Maintain a separate record or ledger card for the account of each3-28
debtor, showing the amount of money received from and disbursed on3-29
behalf of each debtor.3-30
4. Maintain a separate record, in a form approved by the commissioner,3-31
or ledger card for each creditor, identifying the particular debtor-source of3-32
money and showing the amount of money disbursed in accordance with the3-33
appropriate debt-adjustment contract.3-34
5. Preserve all books and accounting records for at least 7 years after3-35
making the final entry therein.3-36
Sec. 4. NRS 677.230 is hereby amended to read as follows: 677.230 1. Except as otherwise provided in subsection 2, the3-38
commissioner may establish the basis upon which reasonable and adequate3-39
reserves must be created and maintained, which must be no less than 33-40
percent of the deposits, in3-41
(a) Cash and due from federally insured financial institutions in this3-43
pursuant to NRS 678.755, or any Federal Reserve Bank4-1
(b) United States treasury bills or notes4-2
(c) Short-term obligations of the federal or state government ; or4-3
4-4
(d) Money deposited in federally insured financial institutions in this4-5
state , financial institutions insured by a private insurer approved4-6
pursuant to NRS 678.755, or any Federal Reserve Bank.4-7
For the purposes of this subsection, "short-term" means having a maturity of4-8
2 years or less.4-9
2. The commissioner shall require a licensee who is insured by the4-10
Federal Deposit Insurance Corporation to comply with the reserve4-11
requirements established by that insurer.4-12
Sec. 5. NRS 677.570 is hereby amended to read as follows: 677.570 When the commissioner takes possession of the property and4-14
business of any company for the purpose of liquidation or conservation, he4-15
may liquidate or conserve the company. In such a liquidation or4-16
conservation the commissioner has the same authority with reference to4-17
licensees as are vested in the commissioner by Title 55 of NRS with4-18
reference to banks and in addition may deposit money coming into his4-19
hands in the course of liquidation in one or more state or national banks4-20
or credit unions.4-21
Sec. 6. NRS 677.600 is hereby amended to read as follows: 677.600 A licensee shall not deposit any of its money with any other4-23
moneyed corporation, unless that corporation has been designated as a4-24
depository by a majority vote of the directors or the executive committee,4-25
exclusive of any director who is an officer, director or trustee of the4-26
depository so designated. Such a depository must be a federally insured4-27
financial institution , a financial institution insured by a private insurer4-28
approved pursuant to NRS 678.755 or any Federal Reserve Bank.4-29
Sec. 7. NRS 677.610 is hereby amended to read as follows: 677.610 A licensee shall not invest any of its money, except:4-31
1. As authorized in this chapter;4-32
2. In legal investments for banks , credit unions or savings associations;4-33
or4-34
3. To the extent of 5 percent or less of its total assets, in preferred stock4-35
of corporations which have been given a rating of "A" or better by a4-36
national rating service and which are not in default in the payment of4-37
dividends.4-38
Sec. 8. NRS 678.260 is hereby amended to read as follows: 678.260 The commissioner shall:4-40
1. Adopt a regulation establishing the minimum surety bond required of4-41
credit unions in relation to the amount of property under their control.4-42
2. Adopt a regulation that sets forth the records a credit union must4-43
keep and prescribes the period for which those records must be retained.5-1
3. Maintain the original application of every credit union in a5-2
permanent file.5-3
5-4
with the division of financial institutions.5-5
5-6
deposit all fees, charges for expenses, assessments and other money which5-7
is collected pursuant to the provisions of this chapter or any regulation5-8
adopted thereunder, in the state treasury for credit to the state general fund.5-9
5-10
with the provisions of this chapter which may be used by persons interested5-11
in organizing a credit union.5-12
Sec. 9. NRS 678.490 is hereby amended to read as follows:5-13
678.490 A credit union may:5-14
1. Hold membership in other credit unions organized under this chapter,5-15
in the Nevada Credit Union League and in other organizations composed of5-16
credit unions;5-17
2. Perform such tasks and missions as may be requested by the Federal5-18
Government, the State of Nevada or any agency or political subdivision5-19
thereof , including, without limitation, a city, county or school district,5-20
when approved by the board of directors and not inconsistent with the5-21
provisions of this chapter;5-22
3. Act as fiscal agent for and receive deposits from the Federal5-23
Government,5-24
agency or political subdivision thereof, including, without limitation, a5-25
city, county or school district; and5-26
4. Perform trust services for its members, including the trust estates of5-27
deceased members, and act as a custodian of qualified pension funds of self-5-28
employed individuals under the provisions of 26 U.S.C. §§ 861 et seq.5-29
Sec. 10. NRS 678.690 is hereby amended to read as follows:5-30
678.690 For the purpose of establishing the reserves required by NRS5-31
678.670 and 678.680, all assets except the following are considered risk5-32
assets:5-33
1. Cash on hand;5-34
2. Deposits or shares in federal or state banks, savings and loan5-35
associations and credit unions;5-36
3. Assets which are insured by, fully guaranteed as to principal and5-37
interest by, or due from the5-38
the Federal National Mortgage Association or the Government National5-39
Mortgage Association;5-40
4. Loans to other credit unions;5-41
5. Loans to members of the credit union which are fully secured by the5-42
shares of the member applying therefor;6-1
6. Loans to students insured under the provisions of the Higher6-2
Education Act of 1965 ,6-3
insurance programs;6-4
7. Loans insured under the National Housing Act, as amended ,6-5
U.S.C. § 1703 ,6-6
8. Shares or deposits in central credit unions organized under the6-7
provisions of NRS 678.850, or of any other state law or the Federal Credit6-8
Union Act of 1934, as amended ,6-9
9. Common trust investments which deal in investments authorized by6-10
this chapter;6-11
10. Prepaid expenses;6-12
11. Accrued interest on nonrisk investments;6-13
12. Furniture and equipment;6-14
13. Land and buildings6-15
14. A deposit for insurance for members’ accounts required pursuant6-16
to subsection 3 of NRS 678.750.6-17
Sec. 11. NRS 678.730 is hereby amended to read as follows: 678.730 1. A credit union may make loans to its directors and to6-19
members of its committees, except that any loan or aggregate of loans to any6-20
one director or member of a committee which is more than6-21
$30,000 plus pledged shares must be approved by the board.6-22
2. A credit union may permit its directors and members of its6-23
committees to act as guarantor or endorser of loans to other members,6-24
except that when such a loan standing alone or when added to any6-25
outstanding loan to the guarantor is more than6-26
of the board is required.6-27
Sec. 12. NRS 678.760 is hereby amended to read as follows: 678.760 Money not used in loans to members may be invested in:6-29
1. Securities, obligations, participations or other instruments of or6-30
issued by or fully guaranteed as to principal and interest by the United6-31
States of America or any agency thereof or in any trust or trusts established6-32
for investing directly or collectively in these instruments;6-33
2. Obligations of this state or any political subdivision thereof6-34
including, without limitation, a city, county or school district;6-35
3. Certificates of deposit or passbook type accounts issued by a state or6-36
national bank, mutual savings bank or savings and loan association;6-37
4. Loans to or shares or deposits of other credit unions as permitted by6-38
the bylaws;6-39
5. Capital shares, obligations or preferred stock issues of any agency or6-40
association organized either as a stock company, mutual association or6-41
membership corporation if the membership or stockholdings, as the case6-42
may be, of the agency or association are confined or restricted to credit6-43
unions or organizations of credit unions, and the purposes for which the7-1
agency or association is organized are designed to service or otherwise7-2
assist credit union operations;7-3
6. Shares of a cooperative society organized under the laws of this state7-4
or the United States in a total amount not exceeding 10 percent of the7-5
shares, deposits and surplus of the credit union;7-6
7. Capital stock and other securities of a corporation for economic7-7
revitalization and diversification organized under the provisions of chapter7-8
670A of NRS, if the credit union is a member of the corporation, and to the7-9
extent of its loan limit established under NRS 670A.200;7-10
8. Stocks and bonds of United States corporations to a maximum of 57-11
percent of unallocated reserves, except that such an investment must be7-12
limited to stocks or bonds yielding income which are approved by the7-13
commissioner;7-14
9. Loans to any credit union association, national or state, of which the7-15
credit union is a member, except that such an investment must be limited to7-16
1 percent of the shares, capital deposits and unimpaired surplus of the credit7-17
union7-18
10. Negotiable obligations of federal or state banks.7-19
Sec. 13. NRS 11.290 is hereby amended to read as follows: 11.290 Except as otherwise provided in subsection 5 of NRS 104.3118,7-21
to actions brought to recover money or other property deposited with any7-22
bank, credit union, banker, trust company or savings and loan society, there7-23
is no limitation.7-24
Sec. 14. NRS 31.291 is hereby amended to read as follows: 31.291 1. Debts and credits, due or to become due, from a bank7-26
incorporated under the laws of the State of Nevada or the laws of the United7-27
States of America, or other personal property held by the bank must be7-28
garnished by serving a copy of the writ of garnishment on one of the7-29
following officers of the bank:7-30
(a) If the bank has no branches, trust department or military facility, on7-31
the president, vice president, assistant vice president, cashier, assistant7-32
cashier, manager or other managing officer in charge of the bank owing the7-33
debts, or having in its possession or under its control the credits or other7-34
personal property.7-35
(b) If the bank has branches or military facilities owing the debts or7-36
having in its possession or under its control the credits or other personal7-37
property, on the vice president, assistant vice president, assistant cashier,7-38
manager or other managing officer in charge of the branch or in charge of7-39
the military facility. Service on that officer or agent constitutes a valid levy7-40
on any debt, credit or other personal property owing by any branch or7-41
military facility of the bank.7-42
(c) If the bank has a trust department owing the debts or having in its7-43
possession or under its control the credits or other personal property, on the8-1
vice president and trust officer, trust officer, assistant trust officer or other8-2
managing officer of the trust department.8-3
2. Debts and credits due or to become due from a credit union or8-4
savings and loan association incorporated under the laws of the State of8-5
Nevada or the laws of the United States of America or other personal8-6
property and choses in action held by the credit union or savings and loan8-7
association must be garnished by serving the writ of garnishment in the8-8
same manner as upon banks pursuant to subsection 1.8-9
3. A garnishment pursuant to this section creates a lien only upon the8-10
amounts in the accounts or to the credit of the debtor at the time of service8-11
of the writ of garnishment. An item in the process of collection is included8-12
in the amount of an account unless the item is returned unpaid. Money in the8-13
accounts that the garnishee has declared under oath and in answers to8-14
interrogatories to be exempt from execution is not included in the amount of8-15
the account.8-16
4. No garnishment may occur until the defendant has been served with8-17
the notice of execution in substantially the form prescribed in NRS 31.0458-18
and in the manner prescribed in NRS 21.076.8-19
Sec. 15. NRS 80.015 is hereby amended to read as follows: 80.015 1. For the purposes of this chapter, the following activities do8-21
not constitute doing business in this state:8-22
(a) Maintaining, defending or settling any proceeding;8-23
(b) Holding meetings of the board of directors or stockholders or8-24
carrying on other activities concerning internal corporate affairs;8-25
(c) Maintaining8-26
(d) Maintaining offices or agencies for the transfer, exchange and8-27
registration of the corporation’s own securities or maintaining trustees or8-28
depositaries with respect to those securities;8-29
(e) Making sales through independent contractors;8-30
(f) Soliciting or receiving orders outside of this state through or in8-31
response to letters, circulars, catalogs or other forms of advertising,8-32
accepting those orders outside of this state and filling them by shipping8-33
goods into this state;8-34
(g) Creating or acquiring indebtedness, mortgages and security interests8-35
in real or personal property;8-36
(h) Securing or collecting debts or enforcing mortgages and security8-37
interests in property securing the debts;8-38
(i) Owning, without more, real or personal property;8-39
(j) Isolated transactions completed within 30 days and not a part of a8-40
series of similar transactions;8-41
(k) The production of motion pictures as defined in NRS 231.020;8-42
(l) Transacting business as an out-of-state depository institution pursuant8-43
to the provisions of Title 55 of NRS; and9-1
(m) Transacting business in interstate commerce.9-2
2. The list of activities in subsection 1 is not exhaustive.9-3
3. A person who is not doing business in this state within the meaning9-4
of this section need not qualify or comply with any provision of NRS9-5
80.010 to9-6
Title 55 or 56 of NRS unless he:9-7
(a) Maintains an office in this state for the transaction of business; or9-8
(b) Solicits or accepts deposits in the state, except pursuant to the9-9
provisions of chapter 666 or 666A of NRS.9-10
Sec. 16. NRS 91.110 is hereby amended to read as follows: 91.110 "Financial institution" means a bank, credit union, savings9-12
institution or trust company organized under, or supervised pursuant to, the9-13
laws of the United States or of any state.9-14
Sec. 17. NRS 100.060 is hereby amended to read as follows: 100.060 It9-16
undertaking or other obligation is required, to agree with his surety or9-17
sureties for the deposit of any9-18
he and his surety or sureties are or may be held responsible, with a bank,9-19
credit union, savings bank, safe-deposit or trust company, authorized by9-20
law to do business as such, or with9-21
the court or a judge thereof, if9-22
safekeeping thereof, and in such manner as to prevent the withdrawal of9-23
9-24
of9-25
on such notice to9-26
may direct; but9-27
manner release from or change the liability of the principal or sureties as9-28
established by the terms of the bond.9-29
Sec. 18. NRS 100.065 is hereby amended to read as follows: 100.065 1. In lieu of any cash payment or surety bond required as9-31
protection for the State of Nevada, the person required to provide the cash9-32
payment or surety bond may deposit with the state treasurer, unless a9-33
different custodian is named by specific statute:9-34
(a) Bonds of the United States or of the State of Nevada of an actual9-35
market value of not less than the amount of the required cash payment or9-36
surety bond;9-37
(b) A letter of credit from a bank, savings bank , credit union or savings9-38
and loan association situated in Nevada, which meets the requirements set9-39
for that purpose by the state treasurer; or9-40
(c) A savings certificate, certificate of deposit or investment certificate of9-41
a bank, savings bank , credit union or savings and loan association situated9-42
in Nevada, which must indicate an account of an amount not less than the9-43
amount of the required cash payment or surety bond and, except as10-1
otherwise provided by specific statute, that the amount is not available for10-2
withdrawal except by direct order of the state treasurer.10-3
2. Whenever a savings certificate, certificate of deposit or investment10-4
certificate is deposited as provided in this section, interest earned on the10-5
certificate accrues to the account of the depositor.10-6
3. If a surety bond is provided as protection for the State of Nevada, the10-7
bond must be issued by an insurer who is authorized or otherwise allowed10-8
under Title 57 of NRS to issue such a bond pursuant to Title 57 of NRS.10-9
Sec. 19. NRS 117.065 is hereby amended to read as follows: 117.065 Any person who receives fees from a purchaser of a10-11
condominium for the maintenance of the project shall:10-12
1. Immediately deposit10-13
custodial account maintained by him with some bank , credit union or10-14
recognized depositary in this state.10-15
2. Keep records of all such10-16
Sec. 20. NRS 142.020 is hereby amended to read as follows: 142.020 1. Except as otherwise provided in subsection 6, the10-18
requirement of a bond of an executor, administrator or successor executor or10-19
administrator is discretionary with the court. Whether a bond is expressly10-20
required by the will or not, the court may:10-21
(a) Require a bond if it determines a bond is desirable; or10-22
(b) Dispense with the requirement of a bond if it determines a bond is10-23
unnecessary.10-24
2. The bond must be conditioned that the executor or administrator will10-25
faithfully execute the duties of the trust according to law, and the bond must10-26
be recorded by the clerk.10-27
3. Personal assets of an estate may be deposited with a domestic10-28
banking or trust corporation or credit union upon such terms as may be10-29
prescribed by order of the court having jurisdiction of the estate. The10-30
deposit is subject to the further order of the court. The bond of the executor10-31
or administrator may be reduced accordingly.10-32
4. During the pendency of the administration, any person, including a10-33
creditor, having an interest in the estate whose value exceeds $10,000 may10-34
make a written demand that the executor, administrator or any successor10-35
submit a bond. Upon receipt of the demand, the executor, administrator or10-36
any successor shall refrain from exercising any powers, except those10-37
necessary to preserve the estate, until the bond is filed. The executor,10-38
administrator or any successor is not required to file a bond in an amount10-39
which is greater than the amount of the claim of the person having an10-40
interest in the estate. The court may, upon the petition of the executor,10-41
administrator or any successor, dispense with the requirement of a bond.10-42
5. The amount of the bond is the estimated value of all personal10-43
property plus income for 1 year from both real and personal property, unless11-1
the amount of the bond is expressly mentioned in the will, changed by the11-2
court, or required pursuant to subsection 4.11-3
6. If a banking corporation, as defined in NRS 657.016, or trust11-4
company, as defined in NRS 669.070, doing business in this state is11-5
appointed executor or administrator of the estate of a deceased, no bond is11-6
required of the executor or administrator, unless otherwise specifically11-7
required by the court.11-8
Sec. 21. NRS 143.175 is hereby amended to read as follows: 143.175 Executors and administrators may, without court approval,11-10
deposit or invest11-11
1. United States treasury notes, bills or bonds;11-12
2. Negotiable commercial paper, not exceeding 180 days maturity, of11-13
prime quality as defined by a nationally recognized organization which rates11-14
such securities;11-15
3. Bankers’ acceptances;11-16
4. Savings accounts or certificates of deposit in national banks, banks11-17
chartered by the State of Nevada, federal credit unions, credit unions11-18
chartered by the State of Nevada, federal savings and loan associations or11-19
savings and loan associations chartered by the State of Nevada; or11-20
5. Any other investment in which an executor or administrator is11-21
authorized by law or by a will to invest11-22
control.11-23
Sec. 22. NRS 144.020 is hereby amended to read as follows: 144.020 1. The executor or administrator may engage a qualified and11-25
disinterested appraiser to ascertain the fair market value, as of the11-26
decedent’s death, of any asset the value of which is subject to reasonable11-27
doubt. Different persons may be engaged to appraise different kinds of11-28
assets included in the estate.11-29
2. Any such appraiser is entitled to a reasonable compensation for his11-30
appraisal and may be paid the compensation by the executor or11-31
administrator out of the estate at any time after completion of the appraisal.11-32
3. Where there is no reasonable doubt as to the value of assets, such as11-33
money, deposits in banks11-34
insurance or securities for money or evidence of indebtedness,11-35
11-36
shall file a verified record of value in lieu of the appraisement.11-37
Sec. 23. NRS 159.117 is hereby amended to read as follows: 159.117 1. Upon approval of the court by order, a guardian of the11-39
estate may:11-40
(a) Invest the property of the ward, make loans and accept security11-41
therefor, in the manner and to the extent authorized by the court.11-42
(b) Exercise options of the ward to purchase or exchange securities or11-43
other property.12-1
2. A guardian of the estate may, without securing the prior approval of12-2
the court, invest the property of the ward in the following:12-3
(a) Savings accounts in any bank , credit union or savings and loan12-4
association in this state, to the extent that12-5
the Federal Deposit Insurance Corporation12-6
Share Insurance Fund or a private insurer approved pursuant to NRS12-7
678.755.12-8
(b) Interest-bearing obligations of or fully guaranteed by the United12-9
States.12-10
(c) Interest-bearing obligations of the United States Postal Service.12-11
(d) Interest-bearing obligations of the Federal National Mortgage12-12
Association.12-13
(e) Interest-bearing general obligations of this state.12-14
(f) Interest-bearing general obligations of any county, city or school12-15
district of this state.12-16
(g) Money market mutual funds which are invested only in those12-17
instruments listed in paragraphs (a) to (f), inclusive.12-18
3. A guardian of the estate for two or more wards may invest the12-19
property of two or more of the wards in property in which each ward whose12-20
property is so invested has an undivided interest. The guardian shall keep a12-21
separate record showing the interest of each ward in the investment and in12-22
the income, profits or proceeds therefrom.12-23
Sec. 24. NRS 163.150 is hereby amended to read as follows: 163.150 Where a person who is a trustee of two or more trusts has12-25
mingled the12-26
cash, or in the same bank , credit union or brokerage account or other12-27
investment, and a withdrawal is made therefrom by the trustee for his own12-28
benefit, or for the benefit of a third person not a beneficiary or creditor of12-29
one or more of the trusts, or for an unknown purpose,12-30
12-31
other property of the trustee in the mingled fund, if any, and after the12-32
exhaustion of the trustee’s cash, credit, or other property, then to the12-33
12-34
other property at the time of the withdrawal.12-35
Sec. 25. NRS 209.201 is hereby amended to read as follows: 209.201 1. The prison revolving account in the sum of $10,000 is12-37
hereby created, and may be used for the payment of bills requiring12-38
immediate payment and for the issuance of money to assist newly released12-39
or paroled offenders, and for no other purposes.12-40
2. The director may deposit the prison revolving account in one or more12-41
banks or credit unions of reputable standing.13-1
3. Payments made from the prison revolving account must be promptly13-2
reimbursed from appropriated money of the department on claims as other13-3
claims against the state are paid.13-4
Sec. 26. NRS 209.248 is hereby amended to read as follows: 209.248 1. The department of prisons shall establish in any insured13-6
bank , credit union or savings and loan association doing business in this13-7
state an account for disbursements to offenders. The balance in the account13-8
must not exceed $600,000. Money in the account may be expended only for13-9
the payment of transactions involving offenders’ trust funds.13-10
2. Payments made from the account for disbursements to offenders must13-11
be promptly reimbursed from money in the appropriate fund on deposit with13-12
the state treasurer.13-13
Sec. 27. NRS 210.160 is hereby amended to read as follows: 210.160 1. The superintendent may accept money and other valuables13-15
of inmates for safekeeping pending their discharges, and shall deposit any13-16
such money in a trust fund which he shall establish in a bank , credit union13-17
or savings and loan association qualified to receive deposits of public13-18
money. He shall keep a full account of any such money and valuables, and13-19
shall submit reports to the administrator relative to them as may be required13-20
from time to time.13-21
2. The superintendent may transfer the amount of any uncashed check13-22
issued by the school to an inmate to the youth training center’s gift account13-23
after 1 year from the date the check was issued. Each check so issued must13-24
be stamped "void after 1 year from date of issue."13-25
Sec. 28. NRS 210.170 is hereby amended to read as follows: 210.170 1. The superintendent, subject to the approval of the13-27
administrator, may establish an inmates’ commissary or store for the benefit13-28
and use of the inmates. So far as practicable, sales of supplies and materials13-29
to the inmates must be at cost. The superintendent shall keep, or cause to be13-30
kept, a record of all transactions of the commissary.13-31
2. The youth training center commissary fund is hereby created, and13-32
must be used to purchase supplies and materials for resale to the inmates, to13-33
provide money for needy inmates, and for other incidentals as may be13-34
deemed necessary by the superintendent. All money drawn from the fund13-35
must be repaid wherever possible.13-36
3. The superintendent shall deposit any money received for the fund in13-37
insured banks13-38
and maintain a small sum as petty cash at the commissary.13-39
Sec. 29. NRS 210.540 is hereby amended to read as follows: 210.540 1.13-41
210.400 to 210.715, inclusive,13-42
appropriation from the general fund.14-1
2. All14-2
school14-3
other claims against the state are paid.14-4
3. All14-5
unions, which is available to the school,14-6
signed by the superintendent or by a deputy designated by him for the14-7
purpose.14-8
Sec. 30. NRS 210.560 is hereby amended to read as follows: 210.560 1. The superintendent may accept money and other valuables14-10
of inmates for safekeeping pending their discharges, and shall deposit any14-11
such money in a trust fund which he shall establish in a bank , credit union14-12
or14-13
money. The superintendent shall keep a full account of any such money and14-14
valuables, and shall submit reports to the administrator relative to them as14-15
may be required from time to time.14-16
2. The superintendent may transfer the amount of any uncashed check14-17
issued by the school to an inmate to the Caliente youth center’s gift account14-18
after 1 year from the date the check was issued. Each check so issued must14-19
be stamped "void after 1 year from date of issue."14-20
Sec. 31. NRS 210.570 is hereby amended to read as follows: 210.570 1. The superintendent, subject to the approval of the14-22
administrator, may establish an inmates’ commissary or store for the benefit14-23
and use of the inmates. So far as practicable, sales of supplies and materials14-24
to the inmates must be at cost. The superintendent shall keep, or cause to be14-25
kept, a record of all transactions of the commissary.14-26
2. The Caliente youth center commissary fund is hereby created, and14-27
must be used to purchase supplies and materials for resale to the inmates, to14-28
provide money for needy inmates, and for such other incidentals as may be14-29
deemed necessary by the superintendent. All money from the fund must be14-30
repaid wherever possible.14-31
3. The superintendent shall deposit any money received for the fund in14-32
14-33
association qualified to receive deposits of public money under the14-34
provisions of chapter 356 of NRS, and the deposit must be secured by a14-35
depository bond satisfactory to the state board of examiners.14-36
4. The superintendent may maintain a small sum as petty cash at the14-37
commissary.14-38
Sec. 32. NRS 210.750 is hereby amended to read as follows: 210.750 1. Each person who is paroled from the Nevada youth14-40
training center or the Caliente youth center must be placed in a reputable14-41
home and in either an educational or work program or both. The chief of the14-42
youth parole bureau may pay the expenses incurred in providing alternative15-1
placements for residential programs and for structured nonresidential15-2
programs from money appropriated to the bureau for that purpose.15-3
2. The chief may accept money of parolees for safekeeping pending15-4
their discharges from parole. The chief must deposit the money in15-5
15-6
15-7
pursuant to NRS 678.755. He shall keep or cause to be kept a fair and full15-8
account of the money, and shall submit such reports concerning the15-9
accounts to the administrator of the division of child and family services of15-10
the department of human resources as the administrator may require.15-11
3. When any person so paroled has proven his ability to make an15-12
acceptable adjustment outside the center or, in the opinion of the chief, is no15-13
longer amenable to treatment as a juvenile, the chief shall apply to the15-14
committing court for a dismissal of all proceedings and accusations pending15-15
against the person.15-16
4. Before the chief recommends that the committing court revoke a15-17
person’s parole, he shall ascertain from the superintendent of the15-18
appropriate center whether adequate facilities remain available at the center15-19
to provide the necessary care for the person. If the superintendent advises15-20
that there are not such facilities available, that there is not enough money15-21
available for support of the person at the center or that the person is not15-22
suitable for admission to the center, the chief shall report that fact to the15-23
administrator of the division of child and family services, who shall15-24
recommend a suitable alternative to the court.15-25
Sec. 33. NRS 211.380 is hereby amended to read as follows: 211.380 1. The sheriff of each county may accept money and15-27
valuables in the physical possession of a prisoner at the time he is taken into15-28
custody. The sheriff shall account separately for all money so accepted and15-29
deposit the money in a trust fund which he has established in a bank , credit15-30
union or savings and loan association qualified to receive deposits of public15-31
money. During the time of the prisoner’s incarceration, the sheriff may also15-32
accept and deposit in the trust fund money belonging to the prisoner which15-33
is intended for use by the prisoner to purchase items at the commissary.15-34
2. The sheriff:15-35
(a) Shall keep, or cause to be kept, a full and accurate account of the15-36
money and valuables, and shall submit reports to the board of county15-37
commissioners relating to the money and valuables as may be required from15-38
time to time.15-39
(b) May permit withdrawals for immediate expenditure by a prisoner for15-40
personal needs, for payment to a person who is not incarcerated in the jail or15-41
for payment required of a prisoner pursuant to NRS 211.241 to 211.249,15-42
inclusive.16-1
(c) Shall, upon the release of each prisoner, return his valuables and pay16-2
over to the prisoner any remaining balance in his individual account.16-3
3. The interest and income earned on the money in the fund, after16-4
deducting any applicable charges, must be credited to the account16-5
established for the commissary pursuant to NRS 211.360. If a commissary16-6
has not been established, the interest and income earned must be deposited16-7
with the county treasurer for credit to the county general fund.16-8
Sec. 34. NRS 218.644 is hereby amended to read as follows: 218.644 1. The legislative counsel bureau shall maintain a checking16-10
account in any qualified bank or credit union for the purposes of providing16-11
advance money and reimbursement to legislators and employees for travel16-12
expenses, paying the salaries of persons on the payroll of the legislative16-13
branch of government, related payroll costs and any other expenses directed16-14
by the legislative commission. The account must be secured by a depository16-15
bond to the extent the account is not insured by the Federal Deposit16-16
Insurance Corporation16-17
Fund or a private insurer approved pursuant to NRS 678.755. All checks16-18
written on this account must be signed by the chairman of the legislative16-19
commission and the director of the legislative counsel bureau or his16-20
designee, except that during a regular session of the legislature, the majority16-21
leader of the senate and the speaker of the assembly shall sign the checks.16-22
2. A request for advance money for travel constitutes a lien in favor of16-23
the legislative fund upon the accrued salary, subsistence allowance and16-24
travel expenses of the legislator or employee in an amount equal to the sum16-25
advanced.16-26
3. The legislator or employee is entitled to receive upon request any16-27
authorized travel expenses in excess of the amount advanced. The legislator16-28
or employee shall reimburse the legislative fund any amount advanced that16-29
is not used for reimbursable travel expenses.16-30
Sec. 35. NRS 228.099 is hereby amended to read as follows: 228.099 1. There is hereby created a revolving account for the office16-32
of attorney general in the sum of $5,000, which must be used for payment of16-33
expenses related to litigation which are unexpected and require prompt16-34
payment and for no other purposes.16-35
2. The attorney general shall deposit the money in the revolving16-36
account in a bank or credit union qualified to receive deposits of public16-37
16-38
depository bond satisfactory to the state board of examiners.16-39
3. The attorney general or his designee may sign all checks drawn upon16-40
the revolving account.16-41
4. Payments made from the revolving account must be promptly16-42
reimbursed from the legislative appropriation, if any, to the attorney general17-1
for special litigation expenses. The claim for reimbursement must be17-2
processed and paid as other claims against the state are paid.17-3
Sec. 36. NRS 244.207 is hereby amended to read as follows: 244.207 1. Notwithstanding any other provision of law, the boards of17-5
county commissioners in their respective counties may establish by17-6
ordinance central receiving and disbursing systems for the handling of17-7
county money and money held in trust by the county or by any of its elected17-8
or appointed officers. Such systems may include, but are not limited to, the17-9
following:17-10
(a) The commingling of all the money from any source if the accounting17-11
system employed supplies full information concerning the sources of the17-12
money.17-13
(b) The elimination of departmental accounts in an insured bank17-14
17-15
17-16
accounts maintained by the county treasurer.17-17
(c) The elimination of trust17-18
created for any reason17-19
maintained to identify fully all trust money. The money previously held in17-20
such trust17-21
17-22
treasurer.17-23
(d) The centralization of all disbursing of all money, including trust17-24
money, if the accounting system employed supplies full information17-25
concerning the disposition of the money.17-26
(e) The centralization of part or all of billing and collection aspects of17-27
business licenses, personal property and any other activity of any of the17-28
offices of the county that involves billing for services, taxes or fees imposed17-29
by statute or ordinance, or the collection of money in payment of such17-30
billings.17-31
(f) In a county whose population is 100,000 or more, the centralization17-32
of part or all of the billing and collection aspects of any fine, fee, bail or17-33
forfeiture imposed by a court and any payment ordered by a court pursuant17-34
to NRS 178.3975.17-35
2. Investment income from the commingled money17-36
credited to the general fund of the county if other provisions of law or17-37
contract do not require other allocation of17-38
3.17-39
17-40
(a) Eliminate the reporting requirements of various elected and17-41
appointed officials relating to the receipt and disposition of money.17-42
(b)17-43
354.474, but not including a county, whose money is held in trust by the18-1
county to direct the receipt, disbursement and investment of its money18-2
independently of the system provided for in this section, where18-3
independent direction is otherwise authorized by law.18-4
Sec. 37. NRS 244A.721 is hereby amended to read as follows: 244A.721 1. The county may provide that proceeds from the sale of18-6
bonds and special funds from the revenues of the project must be invested18-7
and reinvested in such securities and other investments, whether or not any18-8
such investment or reinvestment is authorized under any other law of this18-9
state, as may be provided in the proceedings under which the bonds are18-10
authorized to be issued, including, but not limited to:18-11
(a) Bonds or other obligations of the United States of America.18-12
(b) Bonds or other obligations, the payment of the principal and interest18-13
of which is unconditionally guaranteed by the United States of America.18-14
(c) Obligations issued or guaranteed as to principal and interest by any18-15
agency or person controlled or supervised by and acting as an18-16
instrumentality of the United States of America pursuant to authority18-17
granted by the Congress of the United States of America.18-18
(d) Obligations issued or guaranteed by any state of the United States of18-19
America, or any political subdivision of any such state.18-20
(e) Prime commercial paper.18-21
(f) Prime finance company paper.18-22
(g) Bankers’ acceptances drawn on and accepted by commercial banks.18-23
(h) Repurchase agreements fully secured by obligations issued or18-24
guaranteed as to principal and interest by the United States of America or by18-25
any person controlled or supervised by and acting as an instrumentality of18-26
the United States of America pursuant to authority granted by the Congress18-27
of the United States of America.18-28
(i) Certificates of deposit issued by credit unions or commercial banks,18-29
including banks domiciled outside of the United States of America.18-30
(j) Money market mutual funds that:18-31
(1) Are registered with the Securities and Exchange Commission;18-32
(2) Are rated by a nationally recognized rating service as "AAA" or its18-33
equivalent; and18-34
(3) Invest only in securities issued or guaranteed as to payment of18-35
principal and interest by the Federal Government, or its agencies or18-36
instrumentalities, or in repurchase agreements that are fully collateralized by18-37
18-38
2. The county may also provide that such proceeds or funds or18-39
investments and the payments payable under the lease, the agreement of sale18-40
or the financing agreement must be received, held and disbursed by one or18-41
more banks , credit unions or trust companies located within or out of this18-42
state.19-1
Sec. 38. NRS 266.515 is hereby amended to read as follows: 266.515 1. The treasurer, or the county treasurer when acting as ex19-3
officio city treasurer, shall keep all money belonging to the city separate19-4
from all other money held by him for any other purpose or fund and may,19-5
when one or more insured banks , credit unions or19-6
loan associations are located in the city, deposit, with unanimous consent of19-7
his bondsmen, city money in such banks , credit unions or savings and loan19-8
associations in demand or time accounts. When no such banks , credit19-9
unions or savings and loan associations exist in the city, he may deposit,19-10
with the unanimous consent of his bondsmen, city money with any insured19-11
bank,19-12
State of Nevada in demand or time accounts.19-13
2. The accounts must be kept in the name of the city in such manner as19-14
the governing board of the city may prescribe and under such terms and19-15
conditions for the protection of the money as the governing board may19-16
determine, not inconsistent with other laws of the State of Nevada regulating19-17
the deposit of public money.19-18
3. The balances in banks , credit unions or savings and loan19-19
associations, as certified to by the proper officer thereof, and by the oath of19-20
the city treasurer, may be counted as cash.19-21
Sec. 39. NRS 268.025 is hereby amended to read as follows: 268.025 Any incorporated city or other local government may deposit19-23
any money under the control of its treasurer in any insured state or national19-24
bank,19-25
has an office within the State of Nevada.19-26
Sec. 40. NRS 268.540 is hereby amended to read as follows: 268.540 1. Unless prohibited by its charter, the city may provide that19-28
proceeds from the sale of bonds and special funds from the revenues of the19-29
project be invested and reinvested in such securities and other investments,19-30
whether or not any such investment or reinvestment is authorized under any19-31
other law of this state, as provided in the proceedings under which the19-32
bonds are authorized to be issued, including , but not limited to:19-33
(a) Bonds or other obligations of the United States of America.19-34
(b) Bonds or other obligations, the payment of the principal and interest19-35
of which is unconditionally guaranteed by the United States of America.19-36
(c) Obligations issued or guaranteed as to principal and interest by any19-37
agency or person controlled or supervised by and acting as an19-38
instrumentality of the United States of America pursuant to authority19-39
granted by the Congress of the United States of America.19-40
(d) Obligations issued or guaranteed by any state of the United States of19-41
America, or any political subdivision of any such state.19-42
(e) Prime commercial paper.19-43
(f) Prime finance company paper.20-1
(g) Bankers’ acceptances drawn on and accepted by commercial banks.20-2
(h) Repurchase agreements fully secured by obligations issued or20-3
guaranteed as to principal and interest by the United States of America or by20-4
any person controlled or supervised by and acting as an instrumentality of20-5
the United States of America pursuant to authority granted by the Congress20-6
of the United States of America.20-7
(i) Certificates of deposit issued by credit unions or commercial banks,20-8
including banks domiciled outside of the United States of America.20-9
(j) Money market mutual funds that:20-10
(1) Are registered with the Securities and Exchange Commission;20-11
(2) Are rated by a nationally recognized rating service as "AAA" or its20-12
equivalent; and20-13
(3) Invest only in securities issued or guaranteed as to payment of20-14
principal and interest by the Federal Government, or its agencies or20-15
instrumentalities, or in repurchase agreements that are fully collateralized by20-16
20-17
2. The city may also provide that such proceeds or funds or investments20-18
and the payments payable under the lease, the agreement of sale or the20-19
financing agreement be received, held and disbursed by one or more banks ,20-20
credit unions or trust companies located within or out of this state.20-21
Sec. 41. NRS 281.171 is hereby amended to read as follows: 281.171 1. The account for travel advances is hereby created. Money20-23
in the account must be used by the state treasurer20-24
20-25
travel expenses and subsistence allowances.20-26
2. The state treasurer shall deposit the money in the account in a bank20-27
or credit union qualified to receive deposits of public20-28
the deposit must be secured by collateral satisfactory to the state board of20-29
examiners.20-30
3. The state treasurer or any of his officers or employees whom he has20-31
designated for20-32
upon the account.20-33
Sec. 42. NRS 286.220 is hereby amended to read as follows: 286.220 1. The board shall establish a fund known as the public20-35
employees’ retirement fund.20-36
2. It is hereby declared to be the policy of the legislature that the public20-37
employees’ retirement fund is a trust fund established to afford a degree of20-38
security to long-time public employees of the state and its political20-39
subdivisions. The money in the fund must not be used or appropriated for20-40
any purpose incompatible with the policy of the public employees’20-41
retirement system, as expressed in NRS 286.015. The fund must be invested20-42
and administered to assure the highest return consistent with safety in20-43
accordance with accepted investment practices.21-1
3. The interest and income earned on the money in the public21-2
employees’ retirement fund, after deducting any applicable charges, must be21-3
credited to the fund.21-4
4. Money in the public employees’ retirement fund must be expended21-5
by the board for the purpose of paying:21-6
(a) Service retirement allowances;21-7
(b) Disability retirement allowances;21-8
(c) Post-retirement allowances;21-9
(d) Benefits for survivors;21-10
(e) Authorized refunds to members and their beneficiaries;21-11
(f) Amounts equivalent to disability retirement allowances to be used by21-12
employers for rehabilitation; and21-13
(g) Allowances to beneficiaries,21-14
and for the payment of expenses authorized by law to be paid from the fund.21-15
5. Contributions from members and from participating public21-16
employers to the public employees’ retirement fund must be deposited in a21-17
bank or credit union of reputable standing in the State of Nevada. Such21-18
deposits must be secured in a manner satisfactory to the board.21-19
6. All checks drawn upon the public employees’ retirement fund must21-20
be signed by two persons designated by the board.21-21
Sec. 43. NRS 286.680 is hereby amended to read as follows: 286.680 1. In addition to the provisions of chapter 355 of NRS, the21-23
board may invest and reinvest the money in its funds as provided in this21-24
section and NRS 286.682 and may employ investment counsel for that21-25
purpose. The board may also employ investment supervisory services, trust21-26
audit services and other related investment services which it deems21-27
necessary to invest effectively and safeguard the money in the system’s21-28
funds.21-29
2. No person engaged in business as a broker or dealer in securities or21-30
who has a direct pecuniary interest in any such business who receives21-31
commissions for transactions performed as agent for the board is eligible for21-32
employment as investment counsel for the board.21-33
3. The board shall not engage investment counsel unless:21-34
(a) The principal business of the person selected by the board consists of21-35
giving continuous advice as to the investment of money on the basis of the21-36
individual needs of each client;21-37
(b) The person and his predecessors have been continuously engaged in21-38
such a business for a period of 5 or more years;21-39
(c) The person is registered as an investment adviser under the laws of21-40
the United States as from time to time in effect, or is a bank or an21-41
investment management subsidiary of a bank; and21-42
(d) The contract between the board and the investment counsel is of no21-43
specific duration and is voidable at any time by either party.22-1
4. The board and its individual members are not liable for investment22-2
decisions made by investment counsel if they obtain qualified investment22-3
counsel, establish proper objectives and policies for investments, and issue22-4
appropriate interim directives. Investment counsel is liable for any22-5
investment decision that is not made in accordance with the objectives and22-6
policies established by the board and any applicable interim directives.22-7
5. The expenses incurred in obtaining and reviewing services pursuant22-8
to the provisions of this section and the reimbursements to employees for22-9
their expenses incurred in connection with investment decisions must be22-10
paid out of the public employees’ retirement fund and the police and22-11
firemen’s retirement fund in proportion to their respective assets.22-12
6. The board shall tender invitations to banks and credit unions for22-13
commercial banking and trust services, consider proposals submitted by22-14
interested banks22-15
commercial banking and trust services at least every 5 years.22-16
Sec. 44. NRS 287.010 is hereby amended to read as follows: 287.010 1. The governing body of any county, school district,22-18
municipal corporation, political subdivision, public corporation or other22-19
public agency of the State of Nevada may:22-20
(a) Adopt and carry into effect a system of group life, accident or health22-21
insurance, or any combination thereof, for the benefit of its officers and22-22
employees, and the dependents of officers and employees who elect to22-23
accept the insurance and who, where necessary, have authorized the22-24
governing body to make deductions from their compensation for the22-25
payment of premiums on the insurance.22-26
(b) Purchase group policies of life, accident or health insurance, or any22-27
combination thereof, for the benefit of such officers and employees, and the22-28
dependents of such officers and employees, as have authorized the purchase,22-29
from insurance companies authorized to transact the business of such22-30
insurance in the State of Nevada, and, where necessary, deduct from the22-31
compensation of officers and employees the premiums upon insurance and22-32
pay the deductions upon the premiums.22-33
(c) Provide group life, accident or health coverage through a self-22-34
insurance reserve fund and, where necessary, deduct contributions to the22-35
maintenance of the fund from the compensation of officers and employees22-36
and pay the deductions into the fund. The money accumulated for this22-37
purpose through deductions from the compensation of officers and22-38
employees and contributions of the governing body must be maintained as22-39
an internal service fund as defined by NRS 354.543. The money must be22-40
deposited in a state or national bank or credit union authorized to transact22-41
business in the State of Nevada. Any independent administrator of a fund22-42
created under this section is subject to the licensing requirements of chapter22-43
683A of NRS, and must be a resident of this state. Any contract with an23-1
independent administrator must be approved by the commissioner of23-2
insurance as to the reasonableness of administrative charges in relation to23-3
contributions collected and benefits provided. The provisions of NRS23-4
689B.030 to 689B.050, inclusive, apply to coverage provided pursuant to23-5
this paragraph.23-6
(d) Defray part or all of the cost of maintenance of a self-insurance fund23-7
or of the premiums upon insurance. The money for contributions must be23-8
budgeted for in accordance with the laws governing the county, school23-9
district, municipal corporation, political subdivision, public corporation or23-10
other public agency of the State of Nevada.23-11
2. If a school district offers group insurance to its officers and23-12
employees pursuant to this section, members of the board of trustees of the23-13
school district must not be excluded from participating in the group23-14
insurance. If the amount of the deductions from compensation required to23-15
pay for the group insurance exceeds the compensation to which a trustee is23-16
entitled, the difference must be paid by the trustee.23-17
Sec. 45. NRS 315.400 is hereby amended to read as follows: 315.400 1. A commissioner or employee of the authority shall not23-19
voluntarily acquire any interest, direct or indirect, except as a residential23-20
tenant, in any housing project or in any property included or planned to be23-21
included in any housing project, or in any contract or proposed contract in23-22
connection with any housing project. Where the acquisition is not voluntary,23-23
the commissioner or employee shall immediately disclose the interest in23-24
writing to the authority and the disclosure must be entered upon the minutes23-25
of the authority. Upon disclosure the commissioner or employee shall not23-26
participate in any action by the authority involving the housing project,23-27
property or contract. If any commissioner or employee of the authority23-28
previously owned or controlled an interest, direct or indirect, in any housing23-29
project or in any property included or planned to be included in any housing23-30
project, or in any contract or proposed contract in connection with any23-31
housing project, he shall immediately disclose the interest in writing to the23-32
authority and the disclosure must be entered upon the minutes of the23-33
authority. Upon disclosure the commissioner or employee shall not23-34
participate in any action by the authority involving the housing project,23-35
property or contract.23-36
2. Any violation of this section constitutes misconduct in office.23-37
3. This section is not applicable to the acquisition of any interest in23-38
notes or bonds of the authority issued in connection with any housing23-39
project or the execution of agreements by23-40
for the deposit or handling of23-41
project or to act as trustee under any trust indenture.24-1
Sec. 46. NRS 315.981 is hereby amended to read as follows: 315.981 1. A commissioner or employee of the authority shall not24-3
voluntarily acquire any interest, direct or indirect, except as a residential24-4
tenant, in any housing project or in any property included or planned to be24-5
included in any housing project, or in any contract or proposed contract in24-6
connection with any housing project. Where the acquisition is not voluntary,24-7
the commissioner or employee shall immediately disclose the interest in24-8
writing to the authority and the disclosure must be entered upon the minutes24-9
of the authority. Upon disclosure the commissioner or employee shall not24-10
participate in any action by the authority involving the housing project,24-11
property or contract. If any commissioner or employee of the authority24-12
previously owned or controlled an interest, direct or indirect, in any housing24-13
project or in any property included or planned to be included in any housing24-14
project, or in any contract or proposed contract in connection with any24-15
housing project, he shall immediately disclose the interest in writing to the24-16
authority and the disclosure must be entered upon the minutes of the24-17
authority. Upon disclosure the commissioner or employee shall not24-18
participate in any action by the authority involving the housing project,24-19
property or contract.24-20
2. A violation of any provision of this section constitutes malfeasance in24-21
office.24-22
3. This section is not applicable to the acquisition of any interest in24-23
notes or bonds of the authority issued in connection with any housing24-24
project or the execution of agreements by24-25
for the deposit or handling of24-26
project or to act as trustee under any trust indenture.24-27
Sec. 47. NRS 349.160 is hereby amended to read as follows: 349.160 "Commercial bank" means24-29
1. A state or national bank or trust company24-30
of the Federal Deposit Insurance Corporation, including , without limitation24-31
24-32
2. A credit union whose deposits are insured by the National Credit24-33
Union Share Insurance Fund or by a private insurer approved pursuant24-34
to NRS 678.755.24-35
Sec. 48. NRS 349.208 is hereby amended to read as follows: 349.208 "Trust bank" means24-37
1. A commercial bank as defined in NRS 349.16024-38
authorized to exercise and is exercising trust powers .24-39
2. A branch of the Federal Reserve Bank.24-40
3. A credit union whose deposits are insured by the National Credit24-41
Union Share Insurance Fund or by a private insurer approved pursuant24-42
to NRS 678.755 that is authorized to exercise and is exercising trust24-43
powers.25-1
Sec. 49. NRS 349.450 is hereby amended to read as follows: 349.450 "Expense of operation and maintenance" means any25-3
reasonable and necessary current expense of the state for the operation,25-4
maintenance or administration of a project or of the collection and25-5
administration of revenues from a project. The term includes, among other25-6
expenses:25-7
1. Expenses for engineering, auditing, reporting, legal services and25-8
other expenses of the director which are directly related to the25-9
administration of projects.25-10
2. Premiums for fidelity bonds and policies of property and liability25-11
insurance pertaining to projects, and shares of the premiums of blanket25-12
bonds and policies which may be reasonably allocated to the state.25-13
3. Payments to pension, retirement, health insurance and other25-14
insurance funds.25-15
4. Reasonable charges made by any paying agent, commercial bank,25-16
credit union, trust company or other depository bank pertaining to any25-17
bonds.25-18
5. Services rendered under the terms of contracts, services of25-19
professionally qualified persons, salaries, administrative expenses and the25-20
cost of materials, supplies and labor pertaining to the issuance of any bonds,25-21
including the expenses of any trustee, receiver or other fiduciary.25-22
6. Costs incurred in the collection and any refund of revenues from the25-23
project, including the amount of the refund.25-24
Sec. 50. NRS 349.630 is hereby amended to read as follows: 349.630 The director shall adopt regulations for:25-26
1. Investment and reinvestment of the proceeds from the sale of bonds,25-27
including, but not limited to:25-28
(a) Bonds or other obligations of the United States of America.25-29
(b) Bonds or other obligations, the payment of the principal and interest25-30
of which is unconditionally guaranteed by the United States of America.25-31
(c) Obligations issued or guaranteed as to principal and interest by any25-32
agency or person controlled or supervised by and acting as an25-33
instrumentality of the United States of America pursuant to authority25-34
granted by the Congress of the United States of America.25-35
(d) Obligations issued or guaranteed by any state of the United States of25-36
America, or any political subdivision of any state.25-37
(e) Prime commercial paper.25-38
(f) Prime finance company paper.25-39
(g) Bankers’ acceptances drawn on and accepted by commercial banks.25-40
(h) Repurchase agreements fully secured by obligations issued or25-41
guaranteed as to principal and interest by the United States of America or by25-42
any person controlled or supervised by and acting as an instrumentality of26-1
the United States of America pursuant to authority granted by the Congress26-2
of the United States of America.26-3
(i) Certificates of deposit issued by credit unions or commercial banks,26-4
including banks domiciled outside of the United States of America.26-5
(j) Money market mutual funds that:26-6
(1) Are registered with the Securities and Exchange Commission;26-7
(2) Are rated by a nationally recognized rating service as "AAA" or its26-8
equivalent; and26-9
(3) Invest only in securities issued or guaranteed as to payment of26-10
principal and interest by the Federal Government, or its agencies or26-11
instrumentalities, or in repurchase agreements that are fully collateralized by26-12
such securities.26-13
2. Receiving, holding and disbursing of proceeds of the sale of bonds26-14
by one or more banks , credit unions or trust companies located within or26-15
out of this state.26-16
Sec. 51. NRS 349.907 is hereby amended to read as follows: 349.907 "Expense of operation and maintenance" means any26-18
reasonable and necessary current expense of the state for the operation,26-19
maintenance or administration of the financing or of the collection and26-20
administration of revenues from the financing, and includes, but is not26-21
limited to:26-22
1. Expenses for engineering, auditing, reporting or legal services and26-23
any other expense incurred by the director which are directly related to the26-24
administration of the financing;26-25
2. Premiums for fidelity bonds and policies of property and liability26-26
insurance pertaining to the financing;26-27
3. Premiums for blanket bonds and policies, or any portion of, which26-28
may be reasonably allocated to the state;26-29
4. Payments to pension, retirement and health insurance and other26-30
insurance funds;26-31
5. Reasonable charges by any paying agent, commercial bank, credit26-32
union, trust company or other depository bank pertaining to any bonds;26-33
6. Salaries or fees paid pursuant to any contract for professional26-34
services;26-35
7. Cost of materials, supplies and labor pertaining to the issuance of any26-36
bonds, including the expenses of any trustee, receiver or other fiduciary; and26-37
8. Costs incurred in the collection and any refund of revenues pursuant26-38
to the financing.26-39
Sec. 52. NRS 349.924 is hereby amended to read as follows: 349.924 The director shall adopt regulations for:26-41
1. Investment and reinvestment of the proceeds designated for the26-42
account for venture capital from the sale of bonds, including, but not limited26-43
to:27-1
(a) Bonds or other obligations of the United States.27-2
(b) Bonds or other obligations, the payment of the principal and interest27-3
of which is unconditionally guaranteed by the United States.27-4
(c) Obligations issued or guaranteed as to principal and interest by any27-5
agency or person controlled or supervised by and acting as an27-6
instrumentality of the United States pursuant to authority granted by the27-7
Congress of the United States.27-8
(d) Obligations issued or guaranteed by any state of the United States, or27-9
any political subdivision of any state.27-10
(e) Prime commercial paper.27-11
(f) Prime finance company paper.27-12
(g) Bankers’ acceptances drawn on and accepted by commercial banks.27-13
(h) Repurchase agreements fully secured by obligations issued or27-14
guaranteed as to principal and interest by the United States or by any person27-15
controlled or supervised by and acting as an instrumentality of the United27-16
States pursuant to authority granted by the Congress of the United States.27-17
(i) Certificates of deposit issued by credit unions or commercial banks,27-18
including banks domiciled outside of the United States.27-19
(j) Money market mutual funds that:27-20
(1) Are registered with the Securities and Exchange Commission;27-21
(2) Are rated by a nationally recognized rating service as "AAA" or its27-22
equivalent; and27-23
(3) Invest only in securities issued or guaranteed as to payment of27-24
principal and interest by the Federal Government, or its agencies or27-25
instrumentalities, or in repurchase agreements that are fully collateralized by27-26
such securities.27-27
2. Receiving, holding and disbursing of proceeds of the sale of bonds27-28
by one or more banks or trust companies located within or outside of this27-29
state.27-30
This section does not expand the authority for investing the proceeds of27-31
bonds placed in the fund for the retirement of bonds.27-32
Sec. 53. NRS 349.939 is hereby amended to read as follows: 349.939 "Expense of operation and maintenance" means any27-34
reasonable and necessary current expense of the state for the operation,27-35
maintenance or administration of a water project or of the collection and27-36
administration of revenues from a water project. The term includes, among27-37
other expenses:27-38
1. Expenses for engineering, auditing, reporting, legal services and27-39
other expenses of the director which are directly related to the27-40
administration of water projects.27-41
2. Premiums for fidelity bonds and policies of property and liability27-42
insurance pertaining to water projects, and shares of the premiums of27-43
blanket bonds and policies which may be reasonably allocated to the state.28-1
3. Payments to pension, retirement, health insurance and other28-2
insurance funds.28-3
4. Reasonable charges made by any paying agent, commercial bank,28-4
credit union, trust company or other depository bank pertaining to any28-5
bonds.28-6
5. Services rendered under the terms of contracts, services of28-7
professionally qualified persons, salaries, administrative expenses and the28-8
cost of materials, supplies and labor pertaining to the issuance of any bonds,28-9
including the expenses of any trustee, receiver or other fiduciary.28-10
6. Costs incurred in the collection and any refund of revenues from the28-11
water project, including the amount of the refund.28-12
Sec. 54. NRS 350.512 is hereby amended to read as follows: 350.512 "Commercial bank" means28-14
1. A state or national bank or trust company28-15
of the Federal Deposit Insurance Corporation, including , without limitation28-16
28-17
2. A credit union whose deposits are insured by the National Credit28-18
Union Share Insurance Fund or by a private insurer approved pursuant28-19
to NRS 678.755.28-20
Sec. 55. NRS 350.564 is hereby amended to read as follows: 350.564 "Trust bank" means28-22
1. A commercial bank as defined in NRS 350.51228-23
authorized to exercise and is exercising trust powers .28-24
2. A branch of the Federal Reserve Bank.28-25
3. A credit union whose deposits are insured by the National Credit28-26
Union Share Insurance Fund or by a private insurer approved pursuant28-27
to NRS 678.755 that is authorized to exercise and is exercising trust28-28
powers.28-29
Sec. 56. NRS 350A.040 is hereby amended to read as follows: 350A.040 "Cost of a lending project" means all or any designated part28-31
of the cost of any lending project, including any incidental cost pertaining to28-32
such a project. The cost of a lending project may include, without limitation,28-33
the costs of:28-34
1. Surveys, audits, preliminary plans, other plans, specifications,28-35
estimates and other costs of preparations.28-36
2. Appraising, printing, estimating, advice, services of engineers,28-37
architects, financial consultants, attorneys, clerical personnel and other28-38
agents and employees.28-39
3. Publishing, posting, mailing and otherwise giving notice, filing or28-40
recording instruments, taking options and fees to banks28-41
unions.28-42
4. Establishment of a reserve for contingencies.29-1
5. Interest on state securities for any time which does not exceed 329-2
years, discounts on such state securities, reserves for the payment of the29-3
principal of and interest on such securities, replacement expenses and other29-4
costs of issuing such securities.29-5
6. Amending any resolution or other instrument authorizing the29-6
issuance of, or otherwise relating to, state securities for any lending project.29-7
7. Funding medium-term obligations.29-8
8. Financing the issuance of state securities and any other expenses29-9
necessary in connection with a lending project, as determined by the board.29-10
Sec. 57. NRS 350A.050 is hereby amended to read as follows: 350A.050 "Expense of operation and maintenance" means any29-12
reasonable and necessary current expense of the state for the operation,29-13
maintenance or administration of a lending project or of the collection and29-14
administration of revenues therefrom. The term includes, without limitation:29-15
1. Expenses for engineering, auditing, reporting, legal services and29-16
other expenses of the state treasurer which are directly related to the29-17
administration of lending projects.29-18
2. Premiums for fidelity bonds and policies of property and liability29-19
insurance pertaining to lending projects, and shares of the premiums of29-20
blanket bonds and policies which may be reasonably allocated to lending29-21
projects.29-22
3. Payments to pension, retirement, health insurance and other29-23
insurance funds.29-24
4. Reasonable charges made by any paying agent, commercial bank,29-25
credit union, trust company or other depository bank pertaining to any state29-26
securities.29-27
5. Services rendered under the terms of contracts, services of29-28
professionally qualified persons, salaries, administrative expenses and the29-29
cost of materials, supplies and labor pertaining to the issuance of any state29-30
securities, including the expenses of any trustee, receiver or other fiduciary.29-31
6. Costs incurred in the collection and any refund of revenues from a29-32
lending project, including the amount of the refund.29-33
Sec. 58. NRS 354.603 is hereby amended to read as follows: 354.603 1. The board of trustees of any county school district, the29-35
board of hospital trustees of any county hospital or the board of trustees of29-36
any consolidated library district or district library may establish and29-37
administer separate accounts in29-38
(a) A bank whose deposits are insured by the Federal Deposit Insurance29-39
Corporation ;29-40
(b) A credit union whose deposits are insured by the National Credit29-41
Union Share Insurance Fund or by a private insurer approved pursuant29-42
to NRS 678.755; or30-1
(c) A savings and loan association whose deposits if made by the state, a30-2
local government or an agency of either , are insured by the Federal Deposit30-3
Insurance Corporation, or the legal successor of the Federal Deposit30-4
Insurance Corporation,30-5
for money deposited by the county treasurer which is by law to be30-6
administered and expended by those boards.30-7
2. The county treasurer shall transfer the money to30-8
account pursuant to subsection 1 when the following conditions are met:30-9
(a) The board of trustees of the county school district, the board of30-10
hospital trustees of the county hospital or the board of trustees of the30-11
consolidated library district or district library adopts a resolution declaring30-12
an intention to establish and administer a separate account in accordance30-13
with the provisions of this section.30-14
(b) The board of trustees of the county school district, the board of30-15
hospital trustees of the county hospital or the board of trustees of the30-16
consolidated library district or district library sends a certificate to the30-17
county treasurer, the county auditor, the board of county commissioners30-18
and, in the case of the board of trustees of the county school district, to the30-19
department of education, attested by the secretary of the board, declaring30-20
the intention of the board to establish and administer a separate account in30-21
accordance with the provisions of this section.30-22
(c) The board of hospital trustees of the county hospital or the board of30-23
trustees of the consolidated library district or district library submits30-24
monthly reports, listing all transactions involving the separate account, to30-25
the county treasurer, the county auditor and the board of county30-26
commissioners. The reports must be certified by the secretary of the board.30-27
In addition, the board shall give a full account and record of all money in30-28
such an account upon request of the board of county commissioners.30-29
30-30
school district established under the provisions of this section must be30-31
composed of:30-32
(a) The county school district fund; and30-33
(b) The county school district building and sites fund.30-34
30-35
trustees is designated the county hospital fund.30-36
30-37
library district or district library established under the provisions of this30-38
section must be composed of:30-39
(a) The fund for the consolidated library or district library, as30-40
appropriate; and30-41
(b) The fund for capital projects of the consolidated library or district30-42
library, as appropriate.31-1
31-2
balance of the account.31-3
31-4
to the purpose of the fund, excluding direct payments of principal and31-5
interest on general obligation bonds, and including, but not limited to, debt31-6
service, capital projects, capital outlay and operating expenses.31-7
31-8
clear evidence of misuse or mismanagement of money in any separate31-9
account, may order the closing of the account and the return of the money to31-10
the county treasury to be administered in accordance with existing31-11
provisions of law. The board of trustees of the county school district, the31-12
board of hospital trustees of the county hospital or the board of trustees of31-13
the consolidated library district or district library is entitled to a hearing31-14
before the board of county commissioners.31-15
Sec. 59. NRS 354.609 is hereby amended to read as follows: 354.609 1. The governing body of any local government may, by31-17
resolution, establish one or more petty cash accounts, imprest accounts or31-18
revolving31-19
administration of any activities in which31-20
authorized by law to engage.31-21
2.31-22
account or revolving31-23
detail, set forth the following:31-24
(a) The object and purpose of31-25
(b) The source of money to be used to establish and maintain31-26
account.31-27
(c) The method of controlling expenditures from31-28
(d) The maximum dollar amount of any single expenditure.31-29
3. Payments made out of any such accounts in accordance with the31-30
establishing resolution may be made directly without approval of the31-31
governing body of any local government.31-32
4. Reimbursement of any such petty cash, imprest or revolving accounts31-33
31-34
31-35
evidences of expenditures made from the account and31-36
approved by the governing body in the same manner as other claims against31-37
the fund to which31-38
Sec. 60. NRS 354.695 is hereby amended to read as follows: 354.695 1. As soon as practicable after taking over the management31-40
of a local government, the department shall, with the approval of the31-41
committee:31-42
(a) Establish and implement a management policy and a financing plan31-43
for the local government;32-1
(b) Provide for the appointment of a financial manager for the local32-2
government who is qualified to manage the fiscal affairs of the local32-3
government;32-4
(c) Provide for the appointment of any other persons necessary to enable32-5
the local government to provide the basic services for which it was created32-6
in the most economical and efficient manner possible;32-7
(d) Establish an accounting system and separate32-8
accounts in a bank or credit union, if necessary, to receive and expend all32-9
money and assets of the local government;32-10
(e) Impose such hiring restrictions as deemed necessary after considering32-11
the recommendations of the financial manager;32-12
(f) Negotiate and approve all contracts entered into by or on behalf of the32-13
local government before execution and enter into such contracts on behalf32-14
of the local government as the department deems necessary;32-15
(g) Negotiate and approve all collective bargaining contracts to be32-16
entered into by the local government, except issues submitted to a factfinder32-17
whose findings and recommendations are final and binding pursuant to the32-18
provisions of the Local Government Employee-Management Relations Act;32-19
(h) Approve all expenditures of money from any fund or account and all32-20
transfers of money from one fund to another;32-21
(i) Employ such technicians as are necessary for the improvement of the32-22
financial condition of the local government;32-23
(j) Meet with the creditors of the local government and formulate a debt32-24
liquidation program;32-25
(k) Approve the issuance of bonds or other forms of indebtedness by the32-26
local government;32-27
(l) Discharge any of the outstanding debts and obligations of the local32-28
government; and32-29
(m) Take any other actions necessary to ensure that the local government32-30
provides the basic services for which it was created in the most economical32-31
and efficient manner possible.32-32
2. The department may provide for reimbursement from the local32-33
government for the expenses it incurs in managing the local government. If32-34
such reimbursement is not possible, the department may request an32-35
allocation by the interim finance committee from the contingency fund32-36
pursuant to NRS 353.266, 353.268 and 353.269.32-37
3. The governing body of a local government which is being managed32-38
by the department pursuant to this section may make recommendations to32-39
the department or the financial manager concerning the management of the32-40
local government.32-41
4. Each state agency, board, department, commission, committee or32-42
other entity of the state shall provide such technical assistance concerning32-43
the management of the local government as is requested by the department.33-1
5. The department may delegate any of the powers and duties imposed33-2
by this section to the financial manager appointed pursuant to paragraph (b)33-3
of subsection 1.33-4
6. Once the department has taken over the management of a local33-5
government pursuant to the provisions of subsection 1, that management33-6
may only be terminated pursuant to NRS 354.725.33-7
Sec. 61. NRS 355.140 is hereby amended to read as follows: 355.140 1. In addition to other investments provided for by a specific33-9
statute, the following bonds and other securities are proper and lawful33-10
investments of any of the money of this state, of its various departments,33-11
institutions and agencies, and of the state insurance fund:33-12
(a) Bonds and certificates of the United States;33-13
(b) Bonds, notes, debentures and loans if they are underwritten by or33-14
their payment is guaranteed by the United States;33-15
(c) Obligations or certificates of the United States Postal Service, the33-16
Federal National Mortgage Association, the Federal Home Loan Banks, the33-17
Federal Home Loan Mortgage Corporation or the Student Loan Marketing33-18
Association, whether or not guaranteed by the United States;33-19
(d) Bonds of this state or other states of the Union;33-20
(e) Bonds of any county of this state or of other states;33-21
(f) Bonds of incorporated cities in this state or in other states of the33-22
Union, including special assessment district bonds if those bonds provide33-23
that any deficiencies in the proceeds to pay the bonds are to be paid from33-24
the general fund of the incorporated city;33-25
(g) General obligation bonds of irrigation districts and drainage districts33-26
in this state which are liens upon the property within those districts, if the33-27
value of the property is found by the board or commission making the33-28
investments to render the bonds financially sound over and above all other33-29
obligations of the districts;33-30
(h) Bonds of school districts within this state;33-31
(i) Bonds of any general improvement district whose population is33-32
200,000 or more and which is situated in two or more counties of this state33-33
or of any other state, if:33-34
(1) The bonds are general obligation bonds and constitute a lien upon33-35
the property within the district which is subject to taxation; and33-36
(2) That property is of an assessed valuation of not less than five times33-37
the amount of the bonded indebtedness of the district;33-38
(j) Medium-term obligations for counties, cities and school districts33-39
authorized pursuant to chapter 350 of NRS;33-40
(k) Loans bearing interest at a rate determined by the state board of33-41
finance when secured by first mortgages on agricultural lands in this state of33-42
not less than three times the value of the amount loaned, exclusive of34-1
perishable improvements, and of unexceptional title and free from all34-2
encumbrances;34-3
(l) Farm loan bonds, consolidated farm loan bonds, debentures,34-4
consolidated debentures and other obligations issued by federal land banks34-5
and federal intermediate credit banks under the authority of the Federal34-6
Farm Loan Act, formerly 12 U.S.C. §§ 636 to 1012, inclusive, and §§ 102134-7
to 1129, inclusive, and the Farm Credit Act of 1971, 12 U.S.C. §§ 2001 to34-8
2259, inclusive, and bonds, debentures, consolidated debentures and other34-9
obligations issued by banks for cooperatives under the authority of the Farm34-10
Credit Act of 1933, formerly 12 U.S.C. §§ 1131 to 1138e, inclusive, and the34-11
Farm Credit Act of 1971, 12 U.S.C. §§ 2001 to 2259, inclusive, excluding34-12
such money thereof as has been received or which may be received34-13
hereafter from the Federal Government or received pursuant to some federal34-14
law which governs the investment thereof;34-15
(m) Negotiable certificates of deposit issued by commercial banks ,34-16
insured credit unions or savings and loan associations;34-17
(n) Bankers’ acceptances of the kind and maturities made eligible by law34-18
for rediscount with Federal Reserve banks or trust companies which are34-19
members of the Federal Reserve System, except that acceptances may not34-20
exceed 180 days’ maturity, and may not, in aggregate value, exceed 2034-21
percent of the total par value of the portfolio as determined on the date of34-22
purchase;34-23
(o) Commercial paper issued by a corporation organized and operating in34-24
the United States or by a depository institution licensed by the United States34-25
or any state and operating in the United States that:34-26
(1) At the time of purchase has a remaining term to maturity of no34-27
more than 270 days; and34-28
(2) Is rated by a nationally recognized rating service as "A-1," "P-1"34-29
or its equivalent, or better,34-30
except that investments pursuant to this paragraph may not, in aggregate34-31
value, exceed 20 percent of the total par value of the portfolio as determined34-32
on the date of purchase, and if the rating of an obligation is reduced to a34-33
level that does not meet the requirements of this paragraph, it must be sold34-34
as soon as possible;34-35
(p) Notes, bonds and other unconditional obligations for the payment of34-36
money, except certificates of deposit that do not qualify pursuant to34-37
paragraph (m), issued by corporations organized and operating in the United34-38
States or by depository institutions licensed by the United States or any state34-39
and operating in the United States that:34-40
(1) Are purchased from a registered broker-dealer;34-41
(2) At the time of purchase have a remaining term to maturity of no34-42
more than 3 years; and35-1
(3) Are rated by a nationally recognized rating service as "A" or its35-2
equivalent, or better,35-3
except that investments pursuant to this paragraph may not, in aggregate35-4
value, exceed 20 percent of the total par value of the portfolio, and if the35-5
rating of an obligation is reduced to a level that does not meet the35-6
requirements of this paragraph, it must be sold as soon as possible;35-7
(q) Money market mutual funds which:35-8
(1) Are registered with the Securities and Exchange Commission;35-9
(2) Are rated by a nationally recognized rating service as "AAA" or its35-10
equivalent; and35-11
(3) Invest only in securities issued by the Federal Government or35-12
agencies of the Federal Government or in repurchase agreements fully35-13
collateralized by such securities; and35-14
(r) Collateralized mortgage obligations that are rated by a nationally35-15
recognized rating service as "AAA" or its equivalent.35-16
2. Repurchase agreements are proper and lawful investments of money35-17
of the state and the state insurance fund for the purchase or sale of securities35-18
which are negotiable and of the types listed in subsection 1 if made in35-19
accordance with the following conditions:35-20
(a) The state treasurer shall designate in advance and thereafter maintain35-21
a list of qualified counterparties which:35-22
(1) Regularly provide audited and, if available, unaudited financial35-23
statements to the state treasurer;35-24
(2) The state treasurer has determined to have adequate capitalization35-25
and earnings and appropriate assets to be highly credit worthy; and35-26
(3) Have executed a written master repurchase agreement in a form35-27
satisfactory to the state treasurer and the state board of finance pursuant to35-28
which all repurchase agreements are entered into. The master repurchase35-29
agreement must require the prompt delivery to the state treasurer and the35-30
appointed custodian of written confirmations of all transactions conducted35-31
thereunder, and must be developed giving consideration to the Federal35-32
Bankruptcy Act.35-33
(b) In all repurchase agreements:35-34
(1) At or before the time money to pay the purchase price is35-35
transferred, title to the purchased securities must be recorded in the name of35-36
the appointed custodian, or the purchased securities must be delivered with35-37
all appropriate, executed transfer instruments by physical delivery to the35-38
custodian;35-39
(2) The state must enter a written contract with the custodian35-40
appointed pursuant to subparagraph (1) which requires the custodian to:35-41
(I) Disburse cash for repurchase agreements only upon receipt of35-42
the underlying securities;36-1
(II) Notify the state when the securities are marked to the market if36-2
the required margin on the agreement is not maintained;36-3
(III) Hold the securities separate from the assets of the custodian;36-4
and36-5
(IV) Report periodically to the state concerning the market value of36-6
the securities;36-7
(3) The market value of the purchased securities must exceed 10236-8
percent of the repurchase price to be paid by the counterparty and the value36-9
of the purchased securities must be marked to the market weekly;36-10
(4) The date on which the securities are to be repurchased must not be36-11
more than 90 days after the date of purchase; and36-12
(5) The purchased securities must not have a term to maturity at the36-13
time of purchase in excess of 10 years.36-14
3. As used in subsection 2:36-15
(a) "Counterparty" means a bank organized and operating or licensed to36-16
operate in the United States pursuant to federal or state law or a securities36-17
dealer which is:36-18
(1) A registered broker-dealer;36-19
(2) Designated by the Federal Reserve Bank of New York as a36-20
"primary" dealer in United States government securities; and36-21
(3) In full compliance with all applicable capital requirements.36-22
(b) "Repurchase agreement" means a purchase of securities by the state36-23
or state insurance fund from a counterparty which commits to repurchase36-24
those securities or securities of the same issuer, description, issue date and36-25
maturity on or before a specified date for a specified price.36-26
4. No money of this state may be invested pursuant to a reverse-36-27
repurchase agreement, except money invested pursuant to chapter 286 or36-28
chapters 616A to 616D, inclusive, of NRS.36-29
Sec. 62. NRS 355.165 is hereby amended to read as follows: 355.165 1. The local government pooled long-term investment36-31
account is hereby created. The account must be administered by the state36-32
treasurer.36-33
2. All of the provisions of NRS 355.167 apply to the local government36-34
pooled long-term investment account.36-35
3. In addition to the investments which are permissible pursuant to36-36
subsection 3 of NRS 355.167, the treasurer may invest the money in the36-37
local government pooled long-term investment account in:36-38
(a) Mutual funds which:36-39
(1) Are registered with the Securities and Exchange Commission;36-40
(2) Are rated in the highest rating category by at least one nationally36-41
recognized rating service; and37-1
(3) Invest only in securities issued by the Federal Government or37-2
agencies of the Federal Government or in repurchase agreements fully37-3
collateralized by such securities.37-4
(b) An investment contract that is collateralized with securities issued by37-5
the Federal Government or agencies of the Federal Government if:37-6
(1) The collateral has a market value of at least 102 percent of the37-7
amount invested and any accrued unpaid interest thereon;37-8
(2) The treasurer receives a security interest in the collateral that is37-9
fully perfected and the collateral is held in custody for the state by a third-37-10
party agent of the state which is a commercial bank authorized to exercise37-11
trust powers;37-12
(3) The market value of the collateral is determined not less frequently37-13
than weekly and, if the ratio required by subparagraph (1) is not met,37-14
sufficient additional collateral is deposited with the agent of this state to37-15
meet that ratio within 2 business days after the determination; and37-16
(4) The party with whom the investment contract is executed is a37-17
commercial bank37-18
performance of that party is:37-19
(I) An insurance company which has a rating on its ability to pay37-20
claims of not less than "Aa2" by Moody’s Investors Service, Inc., or "AA"37-21
by Standard and Poor’s Ratings Services, or their equivalent; or37-22
(II) An entity which has a credit rating on its outstanding long-term37-23
debt of not less than "A2" by Moody’s Investors Service, Inc., or "A" by37-24
Standard and Poor’s Ratings Services, or their equivalent.37-25
4. In addition to the reasonable charges against the account which the37-26
state treasurer may assess pursuant to subsection 7 of NRS 355.167, the37-27
state treasurer may, in the case of a local government pooled long-term37-28
investment account, assess the costs:37-29
(a) Associated with a calculation of any rebate of arbitrage profits which37-30
is required to be paid to the Federal Government by 26 U.S.C. § 148; and37-31
(b) Of contracting with qualified persons to assist in the:37-32
(1) Calculation of any rebate of arbitrage profits which is required to37-33
be paid to the Federal Government by 26 U.S.C. § 148; and37-34
(2) Administration of the account.37-35
5. In addition to the quarterly computations of interest to be reinvested37-36
for or paid to each participating local government pursuant to subsection 837-37
of NRS 355.167, the state treasurer may, in the case of a local government37-38
pooled long-term investment account, compute and reinvest or pay the37-39
interest more frequently. He may also base his computations on the amount37-40
of interest accrued rather than the amount received.37-41
6. The treasurer may establish one or more separate subaccounts in the37-42
local government pooled long-term investment account for identified38-1
investments that are made for and allocated to specific participating local38-2
governments.38-3
Sec. 63. NRS 355.169 is hereby amended to read as follows: 355.169 1. If an investment of the money of a county or other local38-5
government is made by the county treasurer, whether separately or through a38-6
pooling arrangement as provided in NRS 355.168, the county may, on38-7
behalf of that local government, take any lawful action necessary to recover38-8
the money invested if:38-9
(a) The principal of and interest on any investment is not received when38-10
due; or38-11
(b) The corporation, bank, credit union, broker or other person with38-12
whom the investment is made becomes insolvent or bankrupt or is placed in38-13
receivership.38-14
2. The expenses of any action taken pursuant to this section must be38-15
paid from the money recovered and allocated among the funds from which38-16
the investment is made in the same manner as any loss on an investment is38-17
allocated. If the total amount of money recovered is insufficient to pay those38-18
expenses, the excess amount is a charge against the county.38-19
Sec. 64. NRS 355.170 is hereby amended to read as follows: 355.170 1. Except as otherwise provided in this section and in NRS38-21
354.750, a board of county commissioners, a board of trustees of a county38-22
school district or the governing body of an incorporated city may purchase38-23
for investment the following securities and no others:38-24
(a) Bonds and debentures of the United States, the maturity dates of38-25
which do not extend more than 10 years38-26
(b) Farm loan bonds, consolidated farm loan bonds, debentures,38-27
consolidated debentures and other obligations issued by federal land banks38-28
and federal intermediate credit banks under the authority of the Federal38-29
Farm Loan Act, formerly 12 U.S.C. §§ 636 to 1012, inclusive, and §§ 102138-30
to 1129, inclusive, and the Farm Credit Act of 1971, 12 U.S.C. §§ 2001 to38-31
2259, inclusive, and bonds, debentures, consolidated debentures and other38-32
obligations issued by banks for cooperatives under the authority of the Farm38-33
Credit Act of 1933, formerly 12 U.S.C. §§ 1131 to 1138e, inclusive, and the38-34
Farm Credit Act of 1971, 12 U.S.C. §§ 2001 to 2259, inclusive.38-35
(c) Bills and notes of the United States Treasury, the maturity date of38-36
which is not more than 10 years38-37
(d) Obligations of an agency or instrumentality of the United States of38-38
America or a corporation sponsored by the government, the maturity date of38-39
which is not more than 10 years38-40
(e) Negotiable certificates of deposit issued by commercial banks ,38-41
insured credit unions or savings and loan associations.39-1
(f) Securities which have been expressly authorized as investments for39-2
local governments or agencies, as defined in NRS 354.474, by any39-3
provision of Nevada Revised Statutes or by any special law.39-4
(g) Subject to the limitations contained in NRS 355.177, negotiable notes39-5
or short-time negotiable bonds issued by local governments of the State of39-6
Nevada pursuant to NRS 350.091.39-7
(h) Bankers’ acceptances of the kind and maturities made eligible by law39-8
for rediscount with Federal Reserve Banks, and generally accepted by banks39-9
or trust companies which are members of the Federal Reserve System.39-10
Eligible bankers’ acceptances may not exceed 180 days’ maturity.39-11
Purchases of bankers’ acceptances may not exceed 20 percent of the money39-12
available to a local government for investment as determined on the date of39-13
purchase.39-14
(i) Obligations of state and local governments if:39-15
(1) The interest on the obligation is exempt from gross income for39-16
federal income tax purposes; and39-17
(2) The obligation has been rated "A" or higher by one or more39-18
nationally recognized bond credit rating agencies.39-19
(j) Commercial paper issued by a corporation organized and operating in39-20
the United States or by a depository institution licensed by the United States39-21
or any state and operating in the United States that:39-22
(1) Is purchased from a registered broker-dealer;39-23
(2) At the time of purchase has a remaining term to maturity of no39-24
more than 270 days; and39-25
(3) Is rated by a nationally recognized rating service as "A-1," "P-1"39-26
or its equivalent, or better,39-27
except that investments pursuant to this paragraph may not, in aggregate39-28
value, exceed 20 percent of the total portfolio as determined on the date of39-29
purchase, and if the rating of an obligation is reduced to a level that does not39-30
meet the requirements of this paragraph, it must be sold as soon as possible.39-31
(k) Money market mutual funds which:39-32
(1) Are registered with the Securities and Exchange Commission;39-33
(2) Are rated by a nationally recognized rating service as "AAA" or its39-34
equivalent; and39-35
(3) Invest only in securities issued by the Federal Government or39-36
agencies of the Federal Government or in repurchase agreements fully39-37
collateralized by such securities.39-38
2. Repurchase agreements are proper and lawful investments of money39-39
of a board of county commissioners, a board of trustees of a county school39-40
district or a governing body of an incorporated city for the purchase or sale39-41
of securities which are negotiable and of the types listed in subsection 1 if39-42
made in accordance with the following conditions:40-1
(a) The board of county commissioners, the board of trustees of the40-2
school district or the governing body of the city shall designate in advance40-3
and thereafter maintain a list of qualified counterparties which:40-4
(1) Regularly provide audited and, if available, unaudited financial40-5
statements;40-6
(2) The board of county commissioners, the board of trustees of the40-7
school district or the governing body of the city has determined to have40-8
adequate capitalization and earnings and appropriate assets to be highly40-9
credit worthy; and40-10
(3) Have executed a written master repurchase agreement in a form40-11
satisfactory to the board of county commissioners, the board of trustees of40-12
the school district or the governing body of the city pursuant to which all40-13
repurchase agreements are entered into. The master repurchase agreement40-14
must require the prompt delivery to the board of county commissioners, the40-15
board of trustees of the school district or the governing body of the city and40-16
the appointed custodian of written confirmations of all transactions40-17
conducted thereunder, and must be developed giving consideration to the40-18
Federal Bankruptcy Act.40-19
(b) In all repurchase agreements:40-20
(1) At or before the time money to pay the purchase price is40-21
transferred, title to the purchased securities must be recorded in the name of40-22
the appointed custodian, or the purchased securities must be delivered with40-23
all appropriate, executed transfer instruments by physical delivery to the40-24
custodian;40-25
(2) The board of county commissioners, the board of trustees of the40-26
school district or the governing body of the city must enter a written40-27
contract with the custodian appointed pursuant to subparagraph (1) which40-28
requires the custodian to:40-29
(I) Disburse cash for repurchase agreements only upon receipt of40-30
the underlying securities;40-31
(II) Notify the board of county commissioners, the board of trustees40-32
of the school district or the governing body of the city when the securities40-33
are marked to the market if the required margin on the agreement is not40-34
maintained;40-35
(III) Hold the securities separate from the assets of the custodian;40-36
and40-37
(IV) Report periodically to the board of county commissioners, the40-38
board of trustees of the school district or the governing body of the city40-39
concerning the market value of the securities;40-40
(3) The market value of the purchased securities must exceed 10240-41
percent of the repurchase price to be paid by the counterparty and the value40-42
of the purchased securities must be marked to the market weekly;41-1
(4) The date on which the securities are to be repurchased must not be41-2
more than 90 days after the date of purchase; and41-3
(5) The purchased securities must not have a term to maturity at the41-4
time of purchase in excess of 10 years.41-5
3. The securities described in paragraphs (a), (b) and (c) of subsection 141-6
and the repurchase agreements described in subsection 2 may be purchased41-7
when, in the opinion of the board of county commissioners, the board of41-8
trustees of a county school district or the governing body of the city, there is41-9
sufficient money in any fund of the county, the school district or city to41-10
purchase those securities and the purchase will not result in the impairment41-11
of the fund for the purposes for which it was created.41-12
4. When the board of county commissioners, the board of trustees of a41-13
county school district or governing body of the city has determined that41-14
there is available money in any fund or funds for the purchase of bonds as41-15
set out in subsection 1 or 2, those purchases may be made and the bonds41-16
paid for out of any one or more of the funds, but the bonds must be credited41-17
to the funds in the amounts purchased, and the money received from the41-18
redemption of the bonds, as and when redeemed, must go back into the fund41-19
or funds from which the purchase money was taken originally.41-20
5. Any interest earned on money invested pursuant to subsection 3,41-21
may, at the discretion of the board of county commissioners, the board of41-22
trustees of a county school district or governing body of the city, be credited41-23
to the fund from which the principal was taken or to the general fund of the41-24
county, school district or incorporated city.41-25
6. The board of county commissioners, the board of trustees of a county41-26
school district or governing body of an incorporated city may invest any41-27
money apportioned into funds and not invested pursuant to subsection 3 and41-28
any money not apportioned into funds in bills and notes of the United States41-29
Treasury, the maturity date of which is not more than 1 year after the date of41-30
investment. These investments must be considered as cash for accounting41-31
purposes, and all the interest earned on them must be credited to the general41-32
fund of the county, school district or incorporated city.41-33
7. This section does not authorize the investment of money41-34
administered pursuant to a contract, debenture agreement or grant in a41-35
manner not authorized by the terms of the contract, agreement or grant.41-36
8. As used in this section:41-37
(a) "Counterparty" means a bank organized and operating or licensed to41-38
operate in the United States pursuant to federal or state law or a securities41-39
dealer which is:41-40
(1) A registered broker-dealer;41-41
(2) Designated by the Federal Reserve Bank of New York as a41-42
"primary" dealer in United States government securities; and41-43
(3) In full compliance with all applicable capital requirements.42-1
(b) "Repurchase agreement" means a purchase of securities by a board of42-2
county commissioners, the board of trustees of a county school district or42-3
the governing body of an incorporated city from a counterparty which42-4
commits to repurchase those securities or securities of the same issuer,42-5
description, issue date and maturity on or before a specified date for a42-6
specified price.42-7
Sec. 65. NRS 355.210 is hereby amended to read as follows: 355.210 1. When any money has been deposited in any court pursuant42-9
to law or rule of court, and when in the judgment of the clerk of42-10
court, or the judge thereof if there is no clerk, payment out of42-11
deposit will not be required for 90 days or more, the clerk or the judge, as42-12
the case may be, may invest the money so deposited, either alone or by42-13
commingling it with other42-14
2. The investment may be made:42-15
(a) By deposit at interest in a state or national bank or credit union in the42-16
State of Nevada; or42-17
(b) In bills, bonds, debentures, notes or other securities whose purchase42-18
by a board of county commissioners is authorized by NRS 355.170.42-19
3. The interest earned from any investment of money pursuant to this42-20
section shall be deposited to the credit of the general fund of the political42-21
subdivision or municipality which supports the court.42-22
4. The requirements of this section may be modified by an ordinance42-23
adopted pursuant to the provisions of NRS 244.207.42-24
Sec. 66. NRS 356.015 is hereby amended to read as follows: 356.015 1. The state treasurer shall establish the rate of interest to be42-26
paid on the maturity of each time certificate of deposit.42-27
2. The state treasurer shall make all such deposits through warrants of42-28
the state controller.42-29
3. The state controller shall maintain accurate records of inactive42-30
deposits. Time certificates of deposit which are placed with insured banks ,42-31
credit unions and savings and loan associations shall be deemed to42-32
constitute inactive deposits.42-33
Sec. 67. NRS 356.025 is hereby amended to read as follows: 356.025 1. To be accepted as collateral for a deposit of money by the42-35
state treasurer, first mortgages or first deeds of trust must be on real42-36
property which is located in this state and is used for residences of single42-37
families.42-38
2. Each such first mortgage or first deed of trust must be accompanied42-39
by the promissory note which it secures.42-40
3. No first mortgage or first deed of trust may be accepted for such42-41
collateral if:42-42
(a) Any payment on the related promissory note is more than 30 days42-43
past due;43-1
(b) A prior lien is on the mortgage or deed;43-2
(c) In the case of a mortgage, an action to foreclose has been commenced43-3
or, in the case of a deed of trust, a notice of default and election to sell has43-4
been recorded;43-5
(d) In the case of a loan which is not insured or guaranteed by the43-6
Federal Government, the initial amount lent was greater than 80 percent of43-7
the appraised value of the real property at the time the loan was made;43-8
(e) The loan has been outstanding for less than 1 year;43-9
(f) The grantor of the property resides on the property; or43-10
(g) The loan does not meet the requirements for eligibility of the Federal43-11
Home Loan Mortgage Corporation, the Federal National Mortgage43-12
Association or the Government National Mortgage Association ,43-13
although it is not necessary that any of those agencies have participated in43-14
the loan .43-15
4. If any collateral consisting of a promissory note with a mortgage or43-16
deed of trust is found not to meet the requirements of this section, the43-17
depository bank , credit union or savings and loan association shall43-18
substitute a note of equal or greater value which does meet the43-19
requirements.43-20
5. The financial institution shall assign the pledged mortgages and43-21
deeds of trust to the depositor and deliver them with their promissory notes43-22
to the trust company. The assignment must be recorded when the financial43-23
institution fails to pay any part of the deposit for which the security is43-24
pledged.43-25
Sec. 68. NRS 356.050 is hereby amended to read as follows: 356.050 1. Where the state treasurer, in accordance with the terms43-27
and provisions of NRS 356.010 to 356.110, inclusive, has deposited and43-28
kept on deposit any public money in depositories so designated, he is not43-29
liable personally or upon his official bond for any public money that may be43-30
lost by reason of the failure or insolvency of any such depository; but the43-31
state treasurer is chargeable with the safekeeping, management and43-32
disbursement of the bonds deposited with him as security for deposits of43-33
state money and with interest thereon, and with the proceeds of any sale43-34
under the provisions of NRS 356.010 to 356.110, inclusive.43-35
2. The state treasurer may deposit for safekeeping with any insured43-36
bank,43-37
company within or without this state any securities or bonds pledged with43-38
him, as state treasurer, as collateral or as security for any purpose, but the43-39
securities or bonds may only be so deposited by him with the joint consent43-40
and approval, in writing, of the pledgor thereof and the state board of43-41
finance. Any bonds or securities so deposited by him must be deposited43-42
under a written deposit agreement between the pledgor and the state43-43
treasurer, to be held and released only upon a written order of the state44-1
treasurer or his deputy, and signed by the governor or acting governor and44-2
by one additional member of the state board of finance.44-3
Sec. 69. NRS 356.120 is hereby amended to read as follows: 356.120 With unanimous consent of his bondsmen, a county treasurer44-5
may:44-6
1. When one or more banks , insured credit unions or insured savings44-7
and loan associations are located in the county, deposit county44-8
money in such insured banks , credit unions or savings and loan44-9
associations, in demand or time accounts.44-10
2. When no such banks , credit unions or savings and loan associations44-11
exist in the county, deposit county44-12
44-13
Nevada in demand or time accounts.44-14
Sec. 70. NRS 356.125 is hereby amended to read as follows: 356.125 1. All money placed in any insured depository banks,44-16
44-17
may be deposited with the written consent of the board of county44-18
commissioners.44-19
2. The time accounts so established are subject to the applicable44-20
contract between the depository and the county. The contract may provide44-21
that money deposited by the county treasurer in time accounts be secured by44-22
the same types of collateral and in the same manner as allowed for securing44-23
deposits of the state treasurer under NRS 356.020 and 356.025.44-24
3. The provisions of this section do not require any depository to accept44-25
county deposits.44-26
Sec. 71. NRS 356.130 is hereby amended to read as follows: 356.130 Whenever the written consent of any bondsman or bondsmen44-28
to deposit the county44-29
savings and loan associations has not been obtained,44-30
or bondsmen44-31
released from all responsibility on the bond of the county treasurer.44-32
Sec. 72. NRS 356.140 is hereby amended to read as follows: 356.140 1.44-34
name of the county in such manner as the board of county commissioners44-35
may prescribe.44-36
2. The balances in such insured banks , credit unions or savings and44-37
loan associations, as certified to by the proper officer thereof, and by oath of44-38
the county treasurer, may be counted as cash.44-39
Sec. 73. NRS 356.150 is hereby amended to read as follows: 356.150 All money deposited in any insured depository bank44-41
44-42
treasurer may be drawn out by a check or order of the county treasurer at44-43
any time without previous notice, but no withdrawal of such deposit or45-1
deposits, except by the county auditor’s warrant in the manner set forth in45-2
NRS 356.180, may be made by the county treasurer except by a check or45-3
order which has been countersigned by the county auditor.45-4
Sec. 74. NRS 356.160 is hereby amended to read as follows: 356.160 A warrant of the county auditor shall be a check or order of the45-6
county treasurer, and shall be paid by the depository bank , credit union or45-7
savings and loan association designated thereon, when registered,45-8
countersigned, and the bank , credit union or savings and loan association45-9
has been designated for payment thereof as provided in NRS 356.180.45-10
Sec. 75. NRS 356.170 is hereby amended to read as follows: 356.170 The county treasurer shall keep a register which shall show45-12
separately the amount of county money on deposit with every insured45-13
depository bank , credit union or savings and loan association, and shall list45-14
separately each check or order drawn upon the respective depositories,45-15
numbering the checks or orders against each depository consecutively.45-16
Sec. 76. NRS 356.180 is hereby amended to read as follows: 356.180 Whenever any warrant of the county auditor is presented to the45-18
county treasurer for payment, the warrant becomes a check or order of the45-19
county treasurer if the county treasurer endorses thereon the name of the45-20
insured depository bank45-21
association, where payable, and a number, as provided in NRS 356.170, and45-22
countersigns his name thereto as county treasurer.45-23
Sec. 77. NRS 356.200 is hereby amended to read as follows: 356.200 1. With unanimous consent of their bondsmen, county45-25
officers, other than county treasurers, may deposit county money received in45-26
their respective offices in any insured bank,45-27
savings and loan association located in the State of Nevada.45-28
2. Whenever the written consent of any bondsman to such a deposit has45-29
not been obtained, the bondsman must, upon giving notice as required by45-30
law, be released from all responsibility on the bond of such an officer.45-31
3. The accounts must be kept in the name of the county in such manner45-32
as the board of county commissioners may prescribe.45-33
4. The balances in the insured banks , credit unions or savings and loan45-34
associations, as certified by the proper officer thereof, and by oath of the45-35
county treasurer, may be counted as cash.45-36
5. All money deposited in any depository bank , credit union or savings45-37
and loan association by such a county officer may be drawn out by him on45-38
check or order payable only to the county treasurer or his order, but every45-39
county assessor may also withdraw money received in payment for license45-40
fees for motor vehicles by check or order payable to the department of45-41
motor vehicles and public safety, and may also withdraw money received in45-42
payment for use taxes for motor vehicles by check or order payable to the45-43
department of taxation.46-1
6. The county officer shall keep a register which shows the amount of46-2
county money on deposit and lists every check or order drawn upon the46-3
depository bank , credit union or savings and loan association, numbering46-4
the items consecutively.46-5
7. The county officer maintaining a deposit in any depository bank ,46-6
credit union or savings and loan association shall draw upon the deposit46-7
not later than the46-8
deposit exceeds $100 for the full amount of county money deposited46-9
therein, a withdrawal to be by check or order payable to the county46-10
treasurer, and shall thereupon deliver the withdrawal to the county treasurer.46-11
8. This section does not apply to any deposit made by the clerk of any46-12
court pursuant to NRS 355.210.46-13
Sec. 78. NRS 360.278 is hereby amended to read as follows: 360.278 The department and the state board of finance may enter into46-15
contracts for armored car service or engage such service where necessary46-16
46-17
46-18
Sec. 79. NRS 360.510 is hereby amended to read as follows: 360.510 1. If any person is delinquent in the payment of any tax or46-20
fee administered by the department or if a determination has been made46-21
against him which remains unpaid, the department may:46-22
(a) Not later than 3 years after the payment became delinquent or the46-23
determination became final; or46-24
(b) Not later than 5 years after the last recording of an abstract of46-25
judgment or of a certificate constituting a lien for tax owed,46-26
give a notice of the delinquency and a demand to transmit personally or by46-27
registered or certified mail to any person, including, without limitation, any46-28
officer or department of the state or any political subdivision or agency of46-29
the state, who has in his possession or under his control any credits or other46-30
personal property belonging to the delinquent, or owing any debts to the46-31
delinquent or person against whom a determination has been made which46-32
remains unpaid, or owing any debts to the delinquent or that person. In the46-33
case of any state officer, department or agency, the notice must be given to46-34
the officer, department or agency before it presents the claim of the46-35
delinquent taxpayer to the state controller.46-36
2. A state officer, department or agency which receives such a notice46-37
may satisfy any debt owed to it by that person before it honors the46-38
department’s notice.46-39
3. After receiving the demand to transmit, the persons so notified may46-40
not transfer or otherwise dispose of the credits, other personal property, or46-41
debts in their possession or under their control at the time they received the46-42
notice until the department consents to a transfer or other disposition.47-1
4. All persons so notified shall, within 10 days after receipt of the47-2
demand to transmit, inform the department of, and transmit to the47-3
department all such credits, other personal property, or debts in their47-4
possession, under their control or owing by them within the time and in the47-5
manner requested by the department. Except as otherwise provided in47-6
subsection 5, no further notice is required to be served to those persons.47-7
5. If the property of the delinquent taxpayer consists of a series of47-8
payments owed to him, the person who owes or controls the payments shall47-9
transmit the payments to the department until otherwise notified by the47-10
department. If the debt of the delinquent taxpayer is not paid within 1 year47-11
after the department issued the original demand to transmit, it shall issue47-12
another demand to transmit to the person responsible for making the47-13
payments informing him to continue to transmit payments to the department47-14
or that his duty to transmit the payments to the department has ceased.47-15
6. If the notice of the delinquency seeks to prevent the transfer or other47-16
disposition of a deposit in a bank or credit union or other credits or47-17
personal property in the possession or under the control of a bank , credit47-18
union or other depository institution, the notice must be delivered or mailed47-19
to the branch or office of the bank , credit union or other depository47-20
institution at which the deposit is carried or at which the credits or personal47-21
property is held.47-22
7. If any person so notified makes any transfer or other disposition of47-23
the property or debts required to be withheld or transmitted, to the extent of47-24
the value of the property or the amount of the debts thus transferred or paid,47-25
he is liable to the state for any indebtedness due pursuant to NRS 482.313,47-26
this chapter or chapter 362, 364A, 365, 369, 370, 372, 372A, 373, 374, 377,47-27
377A, 444A, 585, 590 or 680B of NRS from the person with respect to47-28
whose obligation the notice was given if solely by reason of the transfer or47-29
other disposition the state is unable to recover the indebtedness of the47-30
person with respect to whose obligation the notice was given.47-31
Sec. 80. NRS 364A.140 is hereby amended to read as follows: 364A.140 1. A tax is hereby imposed upon the privilege of47-33
conducting business in this state. The tax for each calendar quarter is due on47-34
the last day of the quarter and must be paid on or before the last day of the47-35
month immediately following the quarter on the basis of the total number of47-36
equivalent full-time employees employed by the business in the quarter.47-37
2. The total number of equivalent full-time employees employed by the47-38
business in the quarter must be calculated pursuant to NRS 364A.150.47-39
3. Except as otherwise provided in NRS 364A.152 and 364A.170, the47-40
amount of tax due per quarter for a business is $25 for each equivalent full-47-41
time employee employed by the business in the quarter.47-42
4. Each business shall file a return on a form prescribed by the47-43
department with each remittance of the tax. If the payment due is greater48-1
than $1,000, the payment must be made by direct deposit at a bank or credit48-2
union in which the state has an account, unless the department waives this48-3
requirement pursuant to regulations adopted by the commission. The return48-4
must include a statement of the number of equivalent full-time employees48-5
employed by the business in the preceding quarter and any other48-6
information the department determines is necessary.48-7
5. The commission shall adopt regulations concerning the payment of48-8
the tax imposed pursuant to this section by direct deposit.48-9
Sec. 81. NRS 387.090 is hereby amended to read as follows: 387.090 The board of trustees of each school district and the governing48-11
body of each charter school may:48-12
1. Operate or provide for the operation of programs of nutrition in the48-13
public schools under their jurisdiction.48-14
2. Use therefor money disbursed to them pursuant to the provisions of48-15
NRS 387.070 to 387.105, inclusive, gifts, donations and other money48-16
received from the sale of food under those programs.48-17
3. Deposit the money in one or more accounts in48-18
more banks or credit unions within the state.48-19
4. Contract with respect to food, services, supplies, equipment and48-20
facilities for the operation of the programs.48-21
Sec. 82. NRS 394.271 is hereby amended to read as follows: 394.271 1. Except as otherwise provided in this section, at the time48-23
application is made for an agent’s permit, a license to operate or a license48-24
renewal, the superintendent shall require the elementary or secondary48-25
educational institution making the application to file a good and sufficient48-26
surety bond in the sum of not less than $5,000. The bond must be executed48-27
by the applicant as principal and by a surety company qualified and48-28
authorized to do business in this state. The bond must be made payable to48-29
the State of Nevada and be conditioned to provide indemnification to any48-30
pupil, enrollee or his parent or guardian determined to have suffered48-31
damage as a result of any act by any elementary or secondary educational48-32
institution or its agent which is a violation of any provision of NRS 394.20148-33
to 394.351, inclusive, and the bonding company shall pay any final,48-34
nonappealable judgment of any court of this state that has jurisdiction, upon48-35
receipt of written notice of final judgment. The bond may be continuous but,48-36
regardless of the duration of the bond, the aggregate liability of the surety48-37
does not exceed the penal sum of the bond.48-38
2. The surety bond must cover the period of the license or the agent’s48-39
permit, as appropriate, except when a surety is released.48-40
3. A surety on any bond filed pursuant to this section may be released48-41
after the surety gives 30 days’ written notice to the superintendent, but the48-42
release does not discharge or otherwise affect any claim filed by a pupil,48-43
enrollee or his parent or guardian for damage resulting from any act of the49-1
elementary or secondary educational institution or agent which is alleged to49-2
have occurred while the bond was in effect, nor for an institution’s closing49-3
operations during the term for which tuition had been paid while the bond49-4
was in force.49-5
4. In lieu of the bond otherwise required by this section, an institution49-6
may purchase a certificate of deposit in an amount of not less than $5,00049-7
from a financial institution insured by an agency of the Federal Government49-8
49-9
may be withdrawn only on the order of the superintendent, except that the49-10
interest may accrue to the institution. Any pupil, enrollee or his parent or49-11
guardian who suffers damage as the result of an act described in subsection49-12
1 may bring and maintain an action to recover against the certificate of49-13
deposit.49-14
5. A license or an agent’s permit is suspended by operation of law when49-15
the institution or agent is no longer covered by a surety bond as required by49-16
this section and no deposit has been made pursuant to subsection 4 or the49-17
deposit has been withdrawn. If a bond has been filed, the superintendent49-18
shall give the institution or agent, or both, at least 30 days’ written notice49-19
before the release of the surety that the license or permit will be suspended49-20
by operation of law until another surety bond is filed in the same manner49-21
and amount as the bond being terminated.49-22
Sec. 83. NRS 396.383 is hereby amended to read as follows: 396.383 1. The University and Community College System of49-24
Nevada accounts payable revolving fund is hereby created. The board of49-25
regents may deposit the money of the fund in49-26
national49-27
2. The chief business officer of each business center of the system shall:49-28
(a) Pay from the fund such operating expenses of the system as the board49-29
of regents may by rule prescribe.49-30
(b) Submit claims to the state board of examiners for money of the49-31
system on deposit in the state treasury or elsewhere to replace money paid49-32
from the University and Community College System of Nevada accounts49-33
payable revolving fund.49-34
Sec. 84. NRS 396.7954 is hereby amended to read as follows: 396.7954 Any49-36
behalf of the desert research institute pursuant to NRS 396.7952, may be49-37
deposited by the board of regents to the credit of the desert research institute49-38
in49-39
the State of Nevada. Such deposits may be either time deposits or on open49-40
account subject to check without notice. The board of regents may act49-41
through any authorized agent or agents in depositing or withdrawing any49-42
50-1
Sec. 85. NRS 396.7974 is hereby amended to read as follows: 396.7974 Any money received by the board of regents on behalf of the50-3
ethics institute pursuant to NRS 396.7972, may be deposited by the board of50-4
regents to the credit of the ethics institute in any50-5
institution in the State of Nevada50-6
a private insurer approved pursuant to NRS 678.755. The board of regents50-7
may act through any authorized agent in depositing or withdrawing any50-8
money in such an account.50-9
Sec. 86. NRS 396.815 is hereby amended to read as follows: 396.815 "Commercial bank" means50-11
1. A state or national bank or trust company50-12
of the Federal Deposit Insurance Corporation, including , without limitation50-13
50-14
2. A credit union whose deposits are insured by the National Credit50-15
Union Share Insurance Fund or by a private insurer approved pursuant50-16
to NRS 678.755.50-17
Sec. 87. NRS 396.836 is hereby amended to read as follows: 396.836 "Trust bank" means50-19
1. A commercial bank50-20
exercising trust powers .50-21
2. A branch of the Federal Reserve Bank.50-22
3. A credit union whose deposits are insured by the National Credit50-23
Union Share Insurance Fund or by a private insurer approved pursuant50-24
to NRS 678.755 that is authorized to exercise and is exercising trust50-25
powers.50-26
Sec. 88. NRS 408.227 is hereby amended to read as follows: 408.227 1. The state highway payroll clearing account is hereby50-28
established to pay the payroll of the department. As the payroll warrants are50-29
presented to the state highway payroll clearing account for payment, the50-30
state treasurer shall reimburse the state highway payroll clearing account.50-31
2. The director shall place the state highway payroll clearing account in50-32
one or more banks or credit unions of reputable standing which have been50-33
approved by the state board of finance.50-34
Sec. 89. NRS 408.240 is hereby amended to read as follows: 408.240 1. The state highway revolving account is hereby established50-36
in an amount not to exceed $500,000. The money in the account may be50-37
used by the department to provide advances to employees of the department50-38
for travel expenses and subsistence allowances and for paying travel50-39
expenses and subsistence allowances and other charges and obligations50-40
requiring prompt payment, and for no other purposes.50-41
2. The state controller shall draw his warrant to establish an amount of50-42
$125,000 in the account. Thereafter, upon written request of the board, as it50-43
deems increases in the account to be necessary, the controller shall draw51-1
additional warrants. Upon presentation of such a warrant to the state51-2
treasurer, the state treasurer shall pay it.51-3
3. All money paid by the department from the state highway revolving51-4
account must, after payment thereof, be passed upon by the state board of51-5
examiners in the same manner as other claims against the state. When51-6
approved by the state board of examiners, the state controller shall draw his51-7
warrant for the amount of the money paid in favor of the state highway51-8
revolving account to be paid to the order of the director, and the state51-9
treasurer shall pay the warrant.51-10
4. The director shall deposit the state highway revolving account in one51-11
or more banks or credit unions of reputable standing and secure the deposit51-12
by a depositary bond satisfactory to the state board of examiners.51-13
5. A least once each calendar quarter, the director shall transfer any51-14
interest and other income earned on the money in the state highway51-15
revolving account to the state highway fund.51-16
Sec. 90. NRS 408.383 is hereby amended to read as follows: 408.383 1. Except as otherwise provided in subsection 2, the director51-18
may pay at the end of each calendar month, or as soon thereafter as51-19
practicable, to any contractor satisfactorily performing any highway51-20
improvement or construction as the work progresses in full for the work as51-21
completed but not more than 95 percent of the entire contract price. The51-22
progress estimates must be based upon materials in place, or on the job site,51-23
or at a location approved by the director, and invoiced, and labor expended51-24
thereon. The remaining 5 percent, but not more than $50,000, must be51-25
retained until the entire contract is completed satisfactorily and accepted by51-26
the director.51-27
2. If the work in progress is being performed on a satisfactory basis, the51-28
director may reduce the percentage retained if he finds that sufficient51-29
reasons exist for additional payment and has obtained written approval from51-30
every surety furnishing bonds for the work. Any remaining money must be51-31
retained until the entire contract is completed satisfactorily and accepted by51-32
the director.51-33
3. If it becomes necessary for the department to take over the51-34
completion of any highway contract or contracts, all of the amounts owing51-35
the contractor, including the withheld percentage, must first be applied51-36
toward the cost of completion of the contract or contracts. Any balance51-37
remaining in the retained percentage after completion by the department is51-38
payable to the contractor or the contractor’s creditors.51-39
4. Such retained percentage as may be due any contractor is due and51-40
payable at the expiration of the 30-day period as provided in NRS 408.36351-41
for filing of creditors’ claims, and this retained percentage is due and51-42
payable to the contractor at that time without regard to creditors’ claims51-43
filed with the department.52-1
5. The contractor under any contract made or awarded by the52-2
department, including any contract for the construction, improvement,52-3
maintenance or repair of any road or highway or the appurtenances thereto,52-4
may, from time to time, withdraw the whole or any portion of the sums52-5
otherwise due to the contractor under the contract which are retained by the52-6
department, pursuant to the terms of the contract, if the contractor deposits52-7
with the director:52-8
(a) United States treasury bonds, United States treasury notes, United52-9
States treasury certificates of indebtedness or United States treasury bills;52-10
(b) Bonds or notes of the State of Nevada; or52-11
(c) General obligation bonds of any political subdivision of the State of52-12
Nevada.52-13
Certificates of deposit must be of a market value not exceeding par, at the52-14
time of deposit, but at least equal in value to the amount so withdrawn from52-15
payments retained under the contract.52-16
6. The director has the power to enter into a contract or agreement with52-17
any national bank, state bank, credit union, trust company or safe deposit52-18
company located in the State of Nevada, designated by the contractor after52-19
notice to the owner and surety, to provide for the custodial care and52-20
servicing of any obligations deposited with him pursuant to this section.52-21
Such services include the safekeeping of the obligations and the rendering52-22
of all services required to effectuate the purposes of this section.52-23
7. The director or any national bank, state bank, credit union, trust52-24
company or safe deposit company located in the State of Nevada,52-25
designated by the contractor to serve as custodian for the obligations52-26
pursuant to subsection 6, shall collect all interest or income when due on the52-27
obligations so deposited and shall pay them, when and as collected, to the52-28
contractor who deposited the obligation. If the deposit is in the form of52-29
coupon bonds, the director shall deliver each coupon as it matures to the52-30
contractor.52-31
8. Any amount deducted by the State of Nevada, or pursuant to the52-32
terms of a contract, from the retained payments otherwise due to the52-33
contractor thereunder, must be deducted first from that portion of the52-34
retained payments for which no obligation has been substituted, then from52-35
the proceeds of any deposited obligation. In the latter case, the contractor is52-36
entitled to receive the interest, coupons or income only from those52-37
obligations which remain on deposit after that amount has been deducted.52-38
Sec. 91. NRS 417.130 is hereby amended to read as follows: 417.130 1. Notwithstanding the provisions of subsection 2 of NRS52-40
417.110, the executive director may receive a fee, in an amount set by the52-41
court, for his guardianship services in any estate where the ward dies52-42
leaving no will or heirs.53-1
2. The fee must be deposited in a bank or credit union in an account53-2
for veterans’ relief.53-3
Sec. 92. NRS 417.140 is hereby amended to read as follows: 417.140 1. The money in the account for veterans’ relief must, in the53-5
discretion of the executive director, be used to aid destitute veterans and53-6
their dependents.53-7
2. The executive director shall deposit the money in the account in:53-8
(a) A savings account in a bank53-9
(b) A commercial checking account in a bank53-10
3. The executive director shall keep an accurate record of any receipt or53-11
deposit, and of any withdrawal from any account provided in subsection 2.53-12
Any record of withdrawal must contain the following information:53-13
(a) The date of the withdrawal.53-14
(b) The name of the payee.53-15
(c) The purpose of the expenditure.53-16
Sec. 93. NRS 423.085 is hereby amended to read as follows: 423.085 Each superintendent may establish a savings account with a53-18
bank , credit union or a savings and loan association authorized to do53-19
business in this state. The superintendent may place in the account money53-20
that was not appropriated by the State of Nevada but which is held for the53-21
benefit of the children in:53-22
1. The children’s home; or53-23
2. Any other home or structure in which shelter and care is provided to53-24
the children under a contract entered into pursuant to NRS 423.147.53-25
Sec. 94. NRS 423.135 is hereby amended to read as follows: 423.135 1. The Nevada children’s gift revolving account is hereby53-27
created. All money in the Nevada children’s gift revolving account must be53-28
deposited in a financial institution qualified to receive deposits of public53-29
money and must be secured with a depository bond that is satisfactory to the53-30
state board of examiners, unless it is otherwise secured by the Federal53-31
Deposit Insurance Corporation53-32
Insurance Fund or a private insurer approved pursuant to NRS 678.755.53-33
2. The money in the Nevada children’s gift revolving account may be53-34
distributed by the division to foster parents, upon request, on the basis of53-35
need, to pay the costs associated with participation by a child in foster care53-36
in intramural, recreational, social, school and sports-related activities,53-37
including, but not limited to, uniforms and equipment, the rental of musical53-38
instruments, registration fees and art lessons.53-39
3. All requests for distributions of money from the Nevada children’s53-40
gift revolving account must be made to the division in writing. The person53-41
making the request must demonstrate that all other resources for money to53-42
pay for the activity have been exhausted.54-1
4. The division shall develop policies for the administration of this54-2
section.54-3
5. Purchases made by the division pursuant to this section are exempt54-4
from the provisions of the State Purchasing Act.54-5
6. The balance in the Nevada children’s gift revolving account must be54-6
carried forward at the end of each fiscal year.54-7
Sec. 95. NRS 426.565 is hereby amended to read as follows: 426.565 1. There is hereby created the services to the blind revolving54-9
account, in the amount of $25,000, which must be used by the chief for the54-10
purposes of:54-11
(a) Providing inventories of tools, aids, appliances, supplies and other54-12
accessories used by the blind; and54-13
(b) Payment of the claims of applicants for or recipients of services of54-14
the bureau and vendors providing services to those applicants or recipients,54-15
including maintenance and transportation.54-16
The chief shall sell tools, aids, appliances, supplies and other accessories54-17
used by the blind at cost or at cost plus the costs of administration and54-18
receipts must be deposited forthwith in the services to the blind revolving54-19
account.54-20
2. The chief shall deposit the money in the services to the blind54-21
revolving account in a bank or credit union qualified to receive deposits of54-22
public money. The deposit must be secured by a depository bond54-23
satisfactory to the state board of examiners, unless otherwise secured by the54-24
Federal Deposit Insurance Corporation54-25
Share Insurance Fund or a private insurer approved pursuant to NRS54-26
678.755.54-27
3. Purchases made for the purpose of providing and maintaining the54-28
inventories authorized by subsection 1 are exempt from the provisions of54-29
the State Purchasing Act at the discretion of the chief of the purchasing54-30
division of the department of administration or his designated54-31
representative.54-32
4. The bureau shall:54-33
(a) Maintain current inventory records of all merchandise charged to the54-34
services to the blind revolving account;54-35
(b) Conduct a periodic physical count of all the merchandise; and54-36
(c) Reconcile the results of the periodic physical count with all assets and54-37
liabilities of the account.54-38
The balance in the revolving account must equal $25,000 after subtracting54-39
the accounts payable from the total of the cash, inventories and receivables.54-40
5. After expenditure of money for payment of the claims of applicants54-41
for or recipients of services from the bureau and vendors providing services54-42
to those applicants or recipients, including maintenance and transportation,54-43
from the services to the blind revolving account, the chief shall present a55-1
claim to the state board of examiners. When approved by the state board of55-2
examiners, the state controller shall draw his warrant in the amount of the55-3
claim in favor of the services to the blind revolving account and the state55-4
treasurer shall pay it. The receipt must be deposited forthwith in the services55-5
to the blind revolving account.55-6
Sec. 96. NRS 426.677 is hereby amended to read as follows: 426.677 1. The bureau may, in interim periods when no blind licensee55-8
is available to operate a vending facility and its continuous operation is55-9
required, establish a checking account in a depository bank or credit union55-10
qualified to receive deposits of public money pursuant to chapter 356 of55-11
NRS. All money received from the vending facility during the interim55-12
period must be deposited to the account and all expenses necessary to55-13
maintain the interim operation of the facility must be paid from the account.55-14
2. If the blind licensee who operated the facility returns after a55-15
temporary disability, the bureau shall prepare a financial report and close55-16
the checking account by making a check in the amount of any balance55-17
remaining in the account payable to the licensee.55-18
3. If a blind licensee other than the one who previously operated the55-19
facility is permanently assigned to it, the bureau shall prepare a financial55-20
report and close the checking account by making a check in the amount of55-21
any balance remaining in the account payable to the business enterprise55-22
account for the blind.55-23
Sec. 97. NRS 432.038 is hereby amended to read as follows: 432.038 Subject to the approval and regulations of the state board of55-25
examiners, the division may maintain an account in a bank55-26
credit union for the purchase of birth certificates, death certificates and55-27
other records of vital statistics55-28
other case-work functions of the division pursuant to NRS 432.010 to55-29
432.085, inclusive.55-30
Sec. 98. NRS 432.095 is hereby amended to read as follows: 432.095 1. There is hereby created the placement prevention55-32
revolving account in the amount of $25,000 to be used for the payment of55-33
claims of recipients of goods or services from the division and vendors55-34
providing goods or services to those recipients pursuant to procedures55-35
established by the division.55-36
2. Upon written request from the administrator, the state controller shall55-37
draw his warrant from money already authorized for the use of the division55-38
in the sum of $25,000. When the warrant is paid, the administrator shall55-39
deposit the money in a financial institution qualified to receive deposits of55-40
public money. All money deposited in the placement prevention revolving55-41
account pursuant to this section must be secured with a depository bond that55-42
is satisfactory to the state board of examiners, unless it is otherwise secured55-43
by the Federal Deposit Insurance Corporation56-1
Union Share Insurance Fund or a private insurer approved pursuant to56-2
NRS 678.755.56-3
3. After an expenditure of money from the placement prevention56-4
revolving account, the administrator shall present a claim to the state board56-5
of examiners to maintain a balance of $25,000. If the claim is approved by56-6
the state board of examiners, the state controller shall draw his warrant from56-7
money already authorized for the use of the division in the amount of the56-8
claim in favor of the placement prevention revolving account, and the state56-9
treasurer shall pay the warrant.56-10
4. Money in the placement prevention revolving account does not revert56-11
to the state general fund at the end of the fiscal year, and the balance in the56-12
account must be carried forward.56-13
5. Purchases made by the division pursuant to this section are exempt56-14
from the State Purchasing Act.56-15
Sec. 99. NRS 433.424 is hereby amended to read as follows: 433.424 A mental health and mental retardation center revolving56-17
account up to the amount of $5,000 is hereby created for each division56-18
mental health and mental retardation center, and may be used for the56-19
payment of mental health or mental retardation center bills requiring56-20
immediate payment and for no other purposes. The respective56-21
administrative officers shall deposit the money for the respective revolving56-22
accounts in one or more banks or credit unions of reputable standing.56-23
Payments made from each account must be promptly reimbursed from56-24
appropriated money of the respective mental health or mental retardation56-25
centers on claims as other claims against the state are paid.56-26
Sec. 100. NRS 433.539 is hereby amended to read as follows: 433.539 1. There may be maintained as a trust fund at each division56-28
facility a clients’ personal deposit fund.56-29
2. Money coming into the possession of the administrative officer of a56-30
division facility which belongs to a client must be credited in the fund in the56-31
name of that client.56-32
3. When practicable, individual credits in the fund must not exceed the56-33
sum of $300.56-34
4. Any amounts to the credit of a client may be used for purchasing56-35
personal necessities, for expenses of burial or may be turned over to the56-36
client upon his demand, except that when the client is adjudicated mentally56-37
incompetent the guardian of his estate has the right to demand and receive56-38
the money.56-39
5. An amount accepted for the benefit of a client for a special purpose56-40
must be reserved for that purpose regardless of the total amount to the credit56-41
of the client.56-42
6. Except as otherwise provided in subsection 7, the administrative56-43
officers shall deposit any money received for the funds of their respective57-1
facilities in commercial accounts with one or more banks or credit unions57-2
of reputable standing. When deposits in a commercial account exceed57-3
$15,000, the administrative officer may deposit the excess in a savings57-4
account paying interest in any reputable commercial bank, or in any57-5
57-6
57-7
approved pursuant to NRS 678.755. The savings account must be in the57-8
name of the fund. Interest paid on deposits in the savings account may be57-9
used for recreational purposes at the division facility.57-10
7. The administrative officers may maintain at their respective division57-11
facilities petty cash of not more than $400 of the money in the clients’57-12
personal deposit fund to enable clients to withdraw small sums from their57-13
accounts.57-14
Sec. 101. NRS 433A.090 is hereby amended to read as follows: 433A.090 There is hereby created a revolving account for the mental57-16
health institute in the sum of $7,500, which may be used for the payment of57-17
bills of the institute requiring immediate payment and for no other purpose.57-18
The administrative officer for the institute shall deposit the revolving57-19
account in one or more banks or credit unions of reputable standing.57-20
Payments made from the revolving account must be promptly reimbursed57-21
from appropriated money of the institute as other claims against the state are57-22
paid.57-23
Sec. 102. NRS 433B.270 is hereby amended to read as follows: 433B.270 A revolving account of not more than $5,000 is hereby57-25
created for each division facility. Money in the respective revolving57-26
accounts may be expended only for the payment of bills of the respective57-27
division facilities requiring immediate payment. The respective57-28
administrative officers shall deposit the money for the respective revolving57-29
accounts in one or more banks or credit unions of reputable standing.57-30
Payments made from each account must be promptly reimbursed from57-31
appropriated money of the respective division facilities on claims as other57-32
claims against the state are paid.57-33
Sec. 103. NRS 435.390 is hereby amended to read as follows: 435.390 1. The administrative officer of any division facility where57-35
mentally retarded persons reside may establish a canteen operated for the57-36
benefit of clients and employees of the facility. The administrative officer57-37
shall keep a record of transactions in the operation of the canteen.57-38
2. Each canteen must be self-supporting. No money provided by the57-39
state may be used for its operation.57-40
3. The respective administrative officers shall deposit the money used57-41
for the operation of the canteen in one or more banks or credit unions of57-42
reputable standing, except that an appropriate sum may be maintained as57-43
petty cash at each canteen.58-1
Sec. 104. NRS 440.690 is hereby amended to read as follows: 440.690 1. The state registrar shall keep a true and correct account of58-3
all fees received under this chapter.58-4
2. The money collected pursuant to subsection 2 of NRS 440.700 must58-5
be remitted by the state registrar to the state treasurer for credit to the58-6
children’s trust account, and any other proceeds accruing to the State of58-7
Nevada under the provisions of this chapter must be forwarded to the state58-8
treasurer for deposit in the state general fund.58-9
3. Upon the approval of the state board of examiners and pursuant to its58-10
regulations, the health division may maintain an account in a bank58-11
58-12
for vital statistics.58-13
Sec. 105. NRS 452.160 is hereby amended to read as follows: 452.160 1. Endowment care funds must not be used for any purpose58-15
other than to provide, through income only, for the reserves authorized by58-16
law and for the endowment care of the cemetery in accordance with the58-17
resolutions, bylaws, rules and regulations or other actions or instruments of58-18
the cemetery authority.58-19
2. The funds must be invested and reinvested in:58-20
(a) Bonds of the United States;58-21
(b) Bonds of this state or the bonds of other states;58-22
(c) Bonds of counties or municipalities of any state;58-23
(d) With the approval of the administrator, first mortgages or first trust58-24
deeds on improved real estate;58-25
(e)58-26
union or savings and loan association58-27
insured by a private insurer approved pursuant to NRS 678.755; or58-28
(f) With the written approval of the administrator, any investment which58-29
would be proper under the provisions of NRS 164.050.58-30
Pending investment as provided in this subsection, such funds may be58-31
deposited in58-32
union or savings and loan association which is qualified to do business in58-33
the State of Nevada58-34
private insurer approved pursuant to NRS 678.755.58-35
3. Each cemetery authority operating an endowment care cemetery shall58-36
submit to the administrator annually, on a form prescribed and adopted by58-37
the administrator, a financial statement of the condition of its endowment58-38
care fund. The statement must be accompanied by a fee of $10. If the58-39
statement is not received by the administrator he may, after giving 10 days’58-40
notice, revoke the cemetery authority’s certificate of authority.58-41
Sec. 106. NRS 452.720 is hereby amended to read as follows: 452.720 1. Money held in trust for the endowment care of a cemetery58-43
for pets must not be used for any purpose other than to provide, through59-1
income only, for the reserves authorized by law and for the endowment care59-2
of the cemetery in accordance with the resolutions, bylaws, rules and59-3
regulations or other actions or instruments of the cemetery authority.59-4
2. The money must be invested and reinvested in:59-5
(a) Bonds of the United States;59-6
(b) Bonds of this state or the bonds of other states;59-7
(c) Bonds of counties or municipalities of any state;59-8
(d) With the approval of the administrator, first mortgages or first trust59-9
deeds on improved real estate;59-10
(e)59-11
union or savings and loan association59-12
insured by a private insurer approved pursuant to NRS 678.755; or59-13
(f) With the written approval of the administrator, any investment which59-14
would be proper under the provisions of NRS 164.050.59-15
Pending investment as provided in this subsection, such money may be59-16
deposited in59-17
union or savings and loan association which is qualified to do business in59-18
this state59-19
approved pursuant to NRS 678.755.59-20
3. Each cemetery authority shall annually submit to the administrator,59-21
on a form prescribed and adopted by the administrator, a financial statement59-22
of the condition of its trust fund for the endowment care of the cemetery.59-23
The statement must be accompanied by a fee of $10. If the statement is not59-24
received by the administrator he may, after giving 10 days’ notice, revoke59-25
the cemetery authority’s certificate of authority.59-26
Sec. 107. NRS 463.330 is hereby amended to read as follows: 463.330 1. Costs of administration of this chapter incurred by the59-28
commission and the gaming control board must be paid from the state59-29
general fund on claims presented by the commission and the board,59-30
respectively, and approved and paid as other claims against the state are59-31
paid. The commission and the board shall comply with the provisions of the59-32
State Budget Act in order that legislative authorization for budgeted59-33
expenditures may be provided.59-34
2. In order to facilitate the confidential investigation of violations of59-35
this chapter and the regulations adopted by the commission pursuant to59-36
this chapter, there is hereby created the state gaming control board59-37
revolving account. Upon the written request of the chairman of the board,59-38
the state controller shall draw his warrant in favor of the chairman in the59-39
amount of $10,000, and upon presentation of the warrant to the state59-40
treasurer, he shall pay it. When the warrant is paid, the chairman shall59-41
deposit the $10,000 in a bank or credit union of reputable standing59-42
59-43
the state board of examiners.60-1
3. The chairman of the board may use the revolving account to pay the60-2
reasonable expenses of agents and employees of the board engaged in60-3
confidential investigations concerning the enforcement of this chapter,60-4
including the prepayment of expenses where necessary, whether such60-5
expenses are incurred for investigation of known or suspected violations. In60-6
allowing such expenses the chairman is not limited or bound by the60-7
provisions of NRS 281.160.60-8
4. After the expenditure of money from the revolving account, the60-9
chairman of the board shall present a claim to the state board of examiners60-10
for the amount of the expenditure to be replaced in the revolving account.60-11
The claim must be audited, allowed and paid as are other claims against the60-12
state, but the claim must not detail the investigation made as to the agent or60-13
employee making the investigation or the person or persons investigated. If60-14
the state board of examiners is not satisfied with the claim, the members60-15
thereof may orally examine the chairman concerning the claim.60-16
5. Expenditures from the revolving account may not exceed the amount60-17
authorized by the legislature in any60-18
Sec. 108. NRS 463.368 is hereby amended to read as follows: 463.368 1. A credit instrument accepted on or after June 1, 1983, and60-20
the debt that the credit instrument represents are valid and may be enforced60-21
by legal process.60-22
2. A licensee or a person acting on behalf of a licensee may accept an60-23
incomplete credit instrument which:60-24
(a) Is signed by a patron; and60-25
(b) States the amount of the debt in figures,60-26
and may complete the instrument as is necessary for the instrument to be60-27
presented for payment.60-28
3. A licensee or person acting on behalf of a licensee:60-29
(a) May accept a credit instrument that is payable to an affiliated60-30
company or may complete a credit instrument in the name of an affiliated60-31
company as payee if the credit instrument otherwise complies with this60-32
subsection and the records of the affiliated company pertaining to the credit60-33
instrument are made available to agents of the board upon request.60-34
(b) May accept a credit instrument either before, at the time60-35
the patron incurs the debt. The credit instrument and the debt that the credit60-36
instrument represents are enforceable without regard to whether the credit60-37
instrument was accepted before, at the time or after the debt is incurred.60-38
4. This section does not prohibit the establishment of an account by a60-39
deposit of cash, recognized traveler’s check, or any other instrument which60-40
is equivalent to cash.60-41
5. If a credit instrument is lost or destroyed, the debt represented by the60-42
credit instrument may be enforced if the licensee or person if acting on60-43
behalf of the licensee can prove the existence of the credit instrument.61-1
6. A patron’s claim of having a mental or behavioral disorder involving61-2
gambling:61-3
(a) Is not a defense in any action by a licensee or a person acting on61-4
behalf of a licensee to enforce a credit instrument or the debt that the credit61-5
instrument represents.61-6
(b) Is not a valid counterclaim to such an action.61-7
7. Any person who violates the provisions of this section is subject only61-8
to the penalties provided in NRS 463.310 to 463.318, inclusive. The failure61-9
of a person to comply with the provisions of this section or the regulations61-10
of the commission does not invalidate a credit instrument or affect the61-11
ability to enforce the credit instrument or the debt that the credit instrument61-12
represents.61-13
8. The commission may adopt regulations prescribing the conditions61-14
under which a credit instrument may be redeemed or presented to a bank or61-15
credit union for collection or payment.61-16
Sec. 109. NRS 481.260 is hereby amended to read as follows: 481.260 1. The director may expend money appropriated for that61-18
purpose, as he determines necessary, to assist local law enforcement61-19
agencies or the investigation division in the purchase of evidence and in61-20
employing persons other than peace officers to obtain evidence.61-21
2. Upon receiving a written request from the director for money61-22
appropriated pursuant to this section, the state controller shall draw his61-23
warrant, payable to the director, in an amount which does not exceed any61-24
limit set by the legislature in the appropriation.61-25
3. The director may keep money which he has drawn pursuant to this61-26
section in61-27
cash.61-28
Sec. 110. NRS 482.3337 is hereby amended to read as follows: 482.3337 1. Each broker shall open and maintain a separate trust61-30
account in a61-31
association in this state61-32
by a private insurer approved pursuant to NRS 678.755. He shall deposit61-33
into the trust account any money received from a prospective buyer as a61-34
deposit on a vehicle. A broker shall not:61-35
(a) Commingle the money in the trust account with any money that is not61-36
a deposit on a vehicle.61-37
(b) Use any money in the trust account to pay his operational expenses.61-38
2. A broker shall not require the buyer of a vehicle to pay a deposit on a61-39
vehicle in an amount that exceeds 10 percent of the purchase price of the61-40
vehicle.61-41
Sec. 111. NRS 482.346 is hereby amended to read as follows: 482.346 1. In lieu of a bond an applicant may deposit with the61-43
department, under terms prescribed by the department:62-1
(a) A like amount of lawful money of the United States or bonds of the62-2
United States or of the State of Nevada of an actual market value of not less62-3
than the amount fixed by the department; or62-4
(b) A savings certificate of a bank , credit union or savings and loan62-5
association situated in Nevada, which must indicate an account of an62-6
amount equal to the amount of the bond which would otherwise be required62-7
by NRS 482.345 and that this amount is unavailable for withdrawal except62-8
upon order of the department. Interest earned on the amount accrues to the62-9
account of the applicant.62-10
2. A deposit made pursuant to subsection 1 may be disbursed by the62-11
director, for good cause shown and after notice and opportunity for hearing,62-12
in an amount determined by him to compensate a person injured by an62-13
action of the licensee, or released upon receipt of:62-14
(a) A court order requiring the director to release all or a specified62-15
portion of the deposit; or62-16
(b) A statement signed by the person or persons under whose name the62-17
deposit is made and acknowledged before any person authorized to take62-18
acknowledgments in this state, requesting the director to release the deposit,62-19
or a specified portion thereof, and stating the purpose for which the release62-20
is requested.62-21
3. When a deposit is made pursuant to subsection 1, liability under the62-22
deposit is in the amount prescribed by the department. If the amount of the62-23
deposit is reduced or there is an outstanding court judgment for which the62-24
licensee is liable under the deposit, the license is automatically suspended.62-25
The license must be reinstated if the licensee:62-26
(a) Files an additional bond pursuant to subsection 1 of NRS 482.345;62-27
(b) Restores the deposit with the department to the original amount62-28
required under this section; or62-29
(c) Satisfies the outstanding judgment for which he is liable under the62-30
deposit.62-31
4. A deposit made pursuant to subsection 1 may be refunded:62-32
(a) By order of the director,62-33
date62-34
director is satisfied that there are no outstanding claims against the deposit;62-35
or62-36
(b) By order of court, at any time62-37
years62-38
department, upon evidence satisfactory to the court that there are no62-39
outstanding claims against the deposit.62-40
5. Any money received by the department pursuant to subsection 1 must62-41
be deposited with the state treasurer for credit to the motor vehicle fund.63-1
Sec. 112. NRS 487.060 is hereby amended to read as follows: 487.060 1. No license may be issued to an automobile wrecker until63-3
he has procured and filed with the department a good and sufficient bond in63-4
the amount of $50,000, with a corporate surety thereon licensed to do63-5
business in the State of Nevada, approved as to form by the attorney63-6
general, and conditioned that the applicant conducts his business as a63-7
wrecker without fraud or fraudulent representation, and without violation of63-8
the provisions of NRS 487.045 to63-9
department may, by agreement with any automobile wrecker who has been63-10
licensed for 5 years or more by the department or a department of motor63-11
vehicles in another state, reduce the amount of the bond of the wrecker, if63-12
the business of that wrecker has been conducted satisfactorily for the63-13
preceding 5 years, but no bond may be in an amount less than $5,000. The63-14
department shall make the necessary investigation to determine whether a63-15
wrecker licensed in another state has conducted its business satisfactorily.63-16
2. The bond may be continuous in form and the total aggregate liability63-17
on the bond must be limited to the payment of the total amount of the bond.63-18
3. The bond must provide that any person injured by the action of the63-19
automobile wrecker in violation of any of the provisions of NRS 487.045 to63-20
487.160, inclusive, may apply to the director for compensation from the63-21
bond. The director, for good cause shown and after notice and opportunity63-22
for hearing, may determine the amount of compensation and the person to63-23
whom it is to be paid. The surety shall then make the payment.63-24
4. In lieu of a bond an automobile wrecker may deposit with the63-25
department, under the terms prescribed by the department:63-26
(a) A like amount of money or bonds of the United States or of the State63-27
of Nevada of an actual market value of not less than the amount fixed by the63-28
department; or63-29
(b) A savings certificate of a bank , credit union or savings and loan63-30
association situated in Nevada, which must indicate an account of an63-31
amount equal to the amount of the bond which would otherwise be required63-32
by this section and that this amount is unavailable for withdrawal except63-33
upon order of the department. Interest earned on the certificate accrues to63-34
the account of the applicant.63-35
5. A deposit made pursuant to subsection 4 may be disbursed by the63-36
director, for good cause shown and after notice and opportunity for hearing,63-37
in an amount determined by him to compensate a person injured by an63-38
action of the licensee, or released upon receipt of:63-39
(a) A court order requiring the director to release all or a specified63-40
portion of the deposit; or63-41
(b) A statement signed by the person in whose name the deposit is made63-42
and acknowledged before any person authorized to take acknowledgments64-1
in this state, requesting the director to release the deposit, or a specified64-2
portion thereof, and stating the purpose for which the release is requested.64-3
6. When a deposit is made pursuant to subsection 4, liability under the64-4
deposit is in the amount prescribed by the department. If the amount of the64-5
deposit is reduced or there is an outstanding judgment for which the licensee64-6
is liable under the deposit, the license is automatically suspended. The64-7
license must be reinstated if the licensee:64-8
(a) Files an additional bond pursuant to subsection 1;64-9
(b) Restores the deposit with the department to the original amount64-10
required under this section; or64-11
(c) Satisfies the outstanding judgment for which he is liable under the64-12
deposit.64-13
7. A deposit made pursuant to subsection 4 may be refunded:64-14
(a) By order of the director, 3 years after the date the licensee ceases to64-15
be licensed by the department, if the director is satisfied that there are no64-16
outstanding claims against the deposit; or64-17
(b) By order of court, at any time within 3 years after the date the64-18
licensee ceases to be licensed by the department, upon evidence satisfactory64-19
to the court that there are no outstanding claims against the deposit.64-20
8. Any money received by the department pursuant to subsection 4 must64-21
be deposited with the state treasurer for credit to the motor vehicle fund.64-22
Sec. 113. NRS 487.420 is hereby amended to read as follows: 487.420 1. No applicant may be granted a license to operate a salvage64-24
pool until he has procured and filed with the department a good and64-25
sufficient bond in the amount of $50,000, with a corporate surety thereon64-26
licensed to do business in the State of Nevada, approved as to form by the64-27
attorney general, and conditioned that the applicant conducts his business as64-28
an operator of a salvage pool without fraud or fraudulent representation, and64-29
without violation of the provisions of NRS 487.400 to 487.510, inclusive.64-30
The department may, by agreement with any operator of a salvage pool who64-31
has been licensed by the department for 5 years or more, allow a reduction64-32
in the amount of his bond, if his business has been conducted satisfactorily64-33
for the preceding 5 years, but no bond may be in an amount less than64-34
$5,000.64-35
2. The bond may be continuous in form and the total aggregate liability64-36
on the bond must be limited to the payment of the total amount of the bond.64-37
3. The bond must provide that any person injured by the action of the64-38
operator of the salvage pool in violation of any of the provisions of NRS64-39
487.400 to 487.510, inclusive, may apply to the director for compensation64-40
from the bond. The director, for good cause shown and after notice and64-41
opportunity for hearing, may determine the amount of compensation and the64-42
person to whom it is to be paid. The surety shall then make the payment.65-1
4. In lieu of a bond an operator of a salvage pool may deposit with the65-2
department, under the terms prescribed by the department:65-3
(a) A like amount of money or bonds of the United States or of the State65-4
of Nevada of an actual market value of not less than the amount fixed by the65-5
department; or65-6
(b) A savings certificate of a bank , credit union or savings and loan65-7
association situated in Nevada, which must indicate an account of an65-8
amount equal to the amount of the bond which would otherwise be required65-9
by this section and that this amount is unavailable for withdrawal except65-10
upon order of the department. Interest earned on the certificate accrues to65-11
the account of the applicant.65-12
5. A deposit made pursuant to subsection 4 may be disbursed by the65-13
director, for good cause shown and after notice and opportunity for hearing,65-14
in an amount determined by him to compensate a person injured by an65-15
action of the licensee, or released upon receipt of:65-16
(a) A court order requiring the director to release all or a specified65-17
portion of the deposit; or65-18
(b) A statement signed by the person under whose name the deposit is65-19
made and acknowledged before any person authorized to take65-20
acknowledgments in this state, requesting the director to release the deposit,65-21
or a specified portion thereof, and stating the purpose for which the release65-22
is requested.65-23
6. When a deposit is made pursuant to subsection 4, liability under the65-24
deposit is in the amount prescribed by the department. If the amount of the65-25
deposit is reduced or there is an outstanding judgment of a court for which65-26
the licensee is liable under the deposit, the license is automatically65-27
suspended. The license must be reinstated if the licensee:65-28
(a) Files an additional bond pursuant to subsection 1;65-29
(b) Restores the deposit with the department to the original amount65-30
required under this section; or65-31
(c) Satisfies the outstanding judgment for which he is liable under the65-32
deposit.65-33
7. A deposit made pursuant to subsection 4 may be refunded:65-34
(a) By order of the director, 3 years after the date the licensee ceases to65-35
be licensed by the department, if the director is satisfied that there are no65-36
outstanding claims against the deposit; or65-37
(b) By order of court, at any time within 3 years after the date the licensee65-38
ceases to be licensed by the department, upon evidence satisfactory to the65-39
court that there are no outstanding claims against the deposit.65-40
8. Any money received by the department pursuant to subsection 4 must65-41
be deposited with the state treasurer for credit to the motor vehicle fund.66-1
Sec. 114. NRS 487.640 is hereby amended to read as follows: 487.640 1. No license may be issued to an operator of a body shop66-3
until he procures and files with the department a good and sufficient bond in66-4
the amount of $10,000, with a corporate surety thereon licensed to do66-5
business in the State of Nevada, approved as to form by the attorney66-6
general, and conditioned that the applicant shall conduct his business as an66-7
operator of a body shop without fraud or fraudulent representation, and in66-8
compliance with the provisions of NRS 487.035,66-9
487.690, inclusive, and 597.480 to 597.590, inclusive. The department may,66-10
by agreement with any operator of a body shop who has been licensed by66-11
the department for 5 years or more, allow a reduction in the amount of the66-12
bond of the operator, if the business of the operator has been conducted66-13
satisfactorily for the preceding 5 years, but no bond may be in an amount66-14
less than $1,000.66-15
2. The bond may be continuous in form and the total aggregate liability66-16
on the bond must be limited to the payment of the total amount of the bond.66-17
3. The bond must provide that any person injured by the action of the66-18
operator of the body shop in violation of any of the provisions of NRS66-19
487.035,66-20
inclusive, may apply to the director for compensation from the bond. The66-21
director, for good cause shown and after notice and opportunity for hearing,66-22
may determine the amount of compensation and the person to whom it is to66-23
be paid. The surety shall then make the payment.66-24
4. In lieu of a bond an operator of a body shop may deposit with the66-25
department, under the terms prescribed by the department:66-26
(a) A like amount of money or bonds of the United States or of the State66-27
of Nevada of an actual market value of not less than the amount fixed by the66-28
department; or66-29
(b) A savings certificate of a bank , credit union or savings and loan66-30
association situated in Nevada, which must indicate an account of an66-31
amount equal to the amount of the bond which would otherwise be required66-32
by this section and that this amount is unavailable for withdrawal except66-33
upon order of the department. Interest earned on the certificate accrues to66-34
the account of the applicant.66-35
5. A deposit made pursuant to subsection 4 may be disbursed by the66-36
director, for good cause shown and after notice and opportunity for hearing,66-37
in an amount determined by him to compensate a person injured by an66-38
action of the licensee, or released upon receipt of:66-39
(a) An order of a court requiring the director to release all or a specified66-40
portion of the deposit; or66-41
(b) A statement signed by the person under whose name the deposit is66-42
made and acknowledged before any person authorized to take66-43
acknowledgments in this state, requesting the director to release the deposit,67-1
or a specified portion thereof, and stating the purpose for which the release67-2
is requested.67-3
6. When a deposit is made pursuant to subsection 4, liability under the67-4
deposit is in the amount prescribed by the department. If the amount of the67-5
deposit is reduced or there is an outstanding judgment of a court for which67-6
the licensee is liable under the deposit, the license is automatically67-7
suspended. The license must be reinstated if the licensee:67-8
(a) Files an additional bond pursuant to subsection 1;67-9
(b) Restores the deposit with the department to the original amount67-10
required under this section; or67-11
(c) Satisfies the outstanding judgment for which he is liable under the67-12
deposit.67-13
7. A deposit made pursuant to subsection 4 may be refunded:67-14
(a) By order of the director, 3 years after the date the licensee ceases to67-15
be licensed by the department, if the director is satisfied that there are no67-16
outstanding claims against the deposit; or67-17
(b) By order of court, at any time within 3 years after the date the67-18
licensee ceases to be licensed by the department, upon evidence satisfactory67-19
to the court that there are no outstanding claims against the deposit.67-20
8. Any money received by the department pursuant to subsection 4 must67-21
be deposited with the state treasurer for credit to the motor vehicle fund.67-22
Sec. 115. NRS 489.724 is hereby amended to read as follows: 489.724 1. All down payments, deposits of earnest money, proceeds67-24
of loans or other money which a dealer receives, on behalf of his principal67-25
or any other person, must be deposited in a separate checking account,67-26
which must be designated a trust account, in a financial institution in this67-27
state whose deposits are insured by an agency of the Federal Government67-28
or by a private insurer approved pursuant to NRS 678.755.67-29
2. Every dealer required to maintain a separate or trust account shall67-30
keep records of all money deposited therein. The records must clearly67-31
indicate the date and from whom he received money, the date deposited, the67-32
dates of withdrawals, and other pertinent information concerning the67-33
transaction, and must show clearly for whose account the money is67-34
deposited and to whom the money belongs. All such records and money are67-35
subject to inspection and audit by the division and its authorized67-36
representatives. All such separate trust accounts must designate the dealer as67-37
trustee and provide for the withdrawal of money without previous notice.67-38
3. All money deposited in a separate trust account from down67-39
payments, deposits of earnest money, proceeds of loans or other money67-40
received by a dealer from a person pursuant to a written contract signed by67-41
the dealer and that person must not be withdrawn from the account except to67-42
pay specific expenses as authorized by the written contract.68-1
4. Each dealer shall notify the division of the names of the financial68-2
institutions in which he maintains trust accounts and specify the names of68-3
the accounts on forms provided by the division.68-4
Sec. 116. NRS 501.359 is hereby amended to read as follows: 501.359 1. The wildlife imprest account in the amount of $15,000 is68-6
hereby created for the use of the division, subject to the following68-7
conditions:68-8
(a) The money must be deposited in a bank or credit union qualified to68-9
receive deposits of public money, except that $500 must be kept in the68-10
custody of an employee designated by the administrator for immediate use68-11
for purposes set forth in this section.68-12
(b) The account must be replenished periodically from the wildlife68-13
account in the state general fund upon approval of expenditures as required68-14
by law and submission of vouchers or other documents to indicate payment68-15
as may be prescribed.68-16
2. The wildlife imprest account may be used to pay for postage, C.O.D.68-17
packages, travel or other minor expenses which are proper as claims for68-18
payment from the wildlife account in the state general fund.68-19
3. The wildlife imprest account may be used to provide money to68-20
employees of the division for travel expenses and subsistence allowances68-21
arising out of their official duties or employment. All advances constitute a68-22
lien in favor of the division upon the accrued wages of the requesting68-23
employee in an amount equal to the money advanced, but the administrator68-24
may advance more than the amount of the accrued wages of the employee.68-25
Upon the return of the employee, he is entitled to receive money for any68-26
authorized expenses and subsistence in excess of the amount advanced.68-27
Sec. 117. NRS 522.113 is hereby amended to read as follows: 522.113 1. The owner, lessee, operator or other person who is liable68-29
for payment of the money derived from the sale of the production from an68-30
oil or gas well located in68-31
(a) Pay the money directly to each person identified as being legally68-32
entitled thereto not later than:68-33
(1) Six months after the first day of the month following the date of68-34
the first sale of the production, and thereafter not later than 60 days after the68-35
end of the month within which subsequent production is sold; or68-36
(2) Twelve months after the first day of the month following the date68-37
of the first sale of the production, and every 12 months thereafter, if the68-38
amount owed is $25 or less.68-39
(b) If unable to pay timely any portion of the money because of inability68-40
to locate a person entitled to receive the money or for any other reason,68-41
deposit the unpaid portion of the money in an escrow account in a68-42
69-1
a standard escrow document form approved by the attorney general of69-2
Nevada. The bank, credit union or savings and loan association must be69-3
federally insured or insured by a private insurer approved pursuant to69-4
NRS 678.755. The deposit must earn interest at the highest rate being69-5
offered by that institution for similar deposits. The escrow agent may69-6
commingle money so received into escrow from any one source. The escrow69-7
agent shall pay the appropriate amount of principal and accrued interest69-8
from such an account to a person legally entitled thereto within 30 days after69-9
the date of receipt by the escrow agent of a final legal determination of69-10
entitlement thereto. Applicable escrow fees must be deducted from the69-11
payment.69-12
2. Any person who violates the provisions of subsection 1 is liable to69-13
each person legally entitled thereto for the unpaid amounts of money,69-14
together with interest at the rate of 18 percent per annum on the unpaid69-15
balance from the date the payment was due pursuant to paragraph (a) of69-16
subsection 1.69-17
3. This section does not apply to payments from an owner, lessee,69-18
operator or other person who is liable for payment of the money derived69-19
from the sale of the production from an oil or gas well located in this state69-20
to a person identified as being legally entitled to such a payment if those69-21
persons have agreed in writing to some other period of payment for the first69-22
payment or for subsequent payments.69-23
Sec. 118. NRS 533.435 is hereby amended to read as follows: 533.435 1. The state engineer shall collect the following fees:69-25
For examining and filing an application for a permit to69-26
appropriate water $250.0069-27
This fee includes the cost of publication, which is $50.69-28
For examining and acting upon plans and specifications for69-29
construction of a dam 500.0069-30
For examining and filing an application for each permit to69-31
change the point of diversion, manner of use or place of69-32
use of an existing right 150.0069-33
This fee includes the cost of the publication of the69-34
application, which is $50.69-35
For issuing and recording each permit to appropriate water69-36
for any purpose, except for generating hydroelectric69-37
power which results in nonconsumptive use of the water69-38
or watering livestock or wildlife purposes 150.0069-39
plus $2 per acre-foot approved or fraction thereof.70-1
For issuing and recording each permit to change an existing70-2
right whether temporary or permanent for any purpose,70-3
except for generating hydroelectric power which results70-4
in nonconsumptive use of the water, for watering70-5
livestock or wildlife purposes which change the point of70-6
diversion or place of use only, or for irrigational purposes70-7
which change the point of diversion or place of use only $100.0070-8
plus $2 per acre-foot approved or fraction thereof.70-9
For issuing and recording each permit to change the point of70-10
diversion or place of use only of an existing right whether70-11
temporary or permanent for irrigational purposes 200.0070-12
For issuing and recording each permit to appropriate or70-13
change the point of diversion or place of use of an70-14
existing right only whether temporary or permanent for70-15
watering livestock or wildlife purposes for each second-70-16
foot of water approved or fraction thereof 50.0070-17
For issuing and recording each permit to appropriate or70-18
change an existing right whether temporary or permanent70-19
for water for generating hydroelectric power which70-20
results in nonconsumptive use of the water for each70-21
second-foot of water approved or fraction thereof 100.0070-22
This fee must not exceed $1,000.70-23
For filing a secondary application under a reservoir permit 200.0070-24
For approving and recording a secondary permit under a70-25
reservoir permit 200.0070-26
For reviewing each tentative subdivision map 150.0070-27
plus $1 per lot.70-28
For storage approved under a dam permit for privately70-29
owned nonagricultural dams which store more than 5070-30
acre-feet 100.0070-31
plus $1 per acre-foot storage capacity. This fee70-32
includes the cost of inspection and must be paid70-33
annually.70-34
For filing proof of completion of work 10.0070-35
For filing proof of beneficial use 50.0070-36
For filing any protest 25.0070-37
For filing any application for extension of time within70-38
which to file proofs 100.0070-39
For examining and filing a report of conveyance filed70-40
pursuant to paragraph (a) of subsection 1 of NRS70-41
533.384 25.0070-42
plus $10 per conveyance document70-43
For filing any other instrument 1.0071-1
For making copy of any document recorded or filed in his71-2
office, for the first page $1.0071-3
For each additional page .2071-4
For certifying to copies of documents, records or maps, for71-5
each certificate 1.0071-6
For each blueprint copy of any drawing or map, per square71-7
foot .5071-8
The minimum charge for a blueprint copy, per print 3.0071-9
2. When fees are not specified in subsection 1 for work required of his71-10
office, the state engineer shall collect the actual cost of the work.71-11
3. Except as otherwise provided in this subsection, all fees collected by71-12
the state engineer under the provisions of this section must be deposited in71-13
the state treasury for credit to the general fund. All fees received for71-14
blueprint copies of any drawing or map must be kept by him and used only71-15
to pay the costs of printing, replacement and maintenance of printing71-16
equipment. Any publication fees received which are not used by him for71-17
publication expenses must be returned to the persons who paid the fees. If,71-18
after exercising due diligence, the state engineer is unable to make the71-19
refunds, he shall deposit the fees in the state treasury for credit to the71-20
general fund. The state engineer may maintain, with the approval of the state71-21
board of examiners, a checking account in any bank or credit union71-22
qualified to handle state money to carry out the provisions of this71-23
subsection. The71-24
satisfactory to the state board of examiners to the extent the account is not71-25
insured by the Federal Deposit Insurance Corporation71-26
Credit Union Share Insurance Fund or a private insurer approved71-27
pursuant to NRS 678.755.71-28
Sec. 119. NRS 539.530 is hereby amended to read as follows: 539.530 All71-30
irrigation district within this state, or of the treasurer or other officer thereof,71-31
shall, so far as possible, be deposited in71-32
banks or credit unions in this state as the treasurer or other officer of such71-33
irrigation district having legal custody of such71-34
for the safekeeping thereof, and shall be subject to withdrawal at any time71-35
on demand of the treasurer or other authorized officer.71-36
Sec. 120. NRS 539.537 is hereby amended to read as follows: 539.537 1. For the security of such deposits there shall be delivered to71-38
the treasurer of the irrigation district a bond or bonds of a corporate surety71-39
qualified to act as sole surety on bonds or undertakings required by the laws71-40
of this state, and approved by the commissioner of insurance as a company71-41
possessing the qualifications required for the purpose of transacting a surety71-42
business within this state. The penal amount of such bond or bonds shall at72-1
no time be less than the amount of money deposited by the irrigation district72-2
with such depositary. The bond or bonds shall secure and guarantee the full72-3
and complete repayment to the irrigation district or the payment to its order72-4
of all72-5
premium for such corporate surety bond or bonds, in the discretion of the72-6
board of directors of the irrigation district, may be paid out of the72-7
money so deposited or may be required to be paid by the depositary.72-8
2. The depositary may, in lieu of the corporate surety bond or bonds,72-9
deposit with the treasurer of the irrigation district treasury notes or United72-10
States bonds, or other securities which are legal investments for savings72-11
banks and credit unions in this state, the market value of which shall at all72-12
times equal the amount of72-13
security, and such securities shall be placed by the treasurer in escrow in72-14
some bank or credit union other than the depositary of the72-15
of the district. In the event of the failure of the depositary to repay such72-16
72-17
securities so placed in escrow shall be redelivered to the treasurer and may72-18
be sold by him with or without notice, and the proceeds thereof used to72-19
reimburse the district.72-20
Sec. 121. NRS 539.6135 is hereby amended to read as follows: 539.6135 1. Except as otherwise provided in this chapter, the72-22
proceeds of refunding bonds must be immediately applied to the retirement72-23
of the bonds to be refunded or be placed in escrow or trust in any trust72-24
banks or credit unions within or without or both within and without this72-25
state to be applied to the payment of the refunded bonds or the refunding72-26
bonds, or both, upon their presentation therefor to the extent, in the priority72-27
and otherwise in the manner which the board may determine.72-28
2. The incidental costs of refunding bonds may be paid by the purchaser72-29
of the refunding bonds or be defrayed from any money of the district,72-30
subject to appropriations therefor as otherwise provided by statute, or other72-31
available revenues of the district under the control of the board, from the72-32
proceeds of the refunding bonds, from the interest or other yield derived72-33
from the investment of any proceeds of the refunding bonds or other money72-34
in escrow or trust, or from any other sources legally available therefor, or72-35
any combination thereof, as the board may determine.72-36
Sec. 122. NRS 539.6137 is hereby amended to read as follows: 539.6137 1. Any escrow or trust provided pursuant to NRS 539.613572-38
is not necessarily limited to the proceeds of refunding bonds but may72-39
include other money available for its purpose. Any proceeds in escrow or72-40
trust, pending their use, may only be invested or reinvested in securities72-41
which are direct obligations of or which the principal of and interest on are72-42
unconditionally guaranteed by the Federal Government.73-1
2. Any trust bank or credit union shall continuously secure any money73-2
placed in escrow or trust and not so invested or reinvested in federal73-3
securities by a pledge in any trust banks73-4
without or both within and without73-5
securities in an amount which is at all times at least equal to the total73-6
uninvested amount of the money accounted for in the escrow or trust.73-7
3. The proceeds and investments in escrow or trust, together with any73-8
interest or other gain to be derived from any such investment, must be in an73-9
amount at all times at least sufficient to pay the principal of, interest on and73-10
any prior redemption premiums due, any charges of the escrow agent or73-11
trustee and any other incidental expenses payable therefrom, except to the73-12
extent provision may have been previously otherwise made therefor, as73-13
those obligations become due at their respective maturities or due at the73-14
designated prior redemption dates in connection with which the board has73-15
exercised or is obligated to exercise a prior redemption option on behalf of73-16
the district.73-17
4. The computations made in determining that sufficiency must be73-18
verified by a certified public accountant licensed to practice in this state or73-19
in any other state.73-20
Sec. 123. NRS 539.633 is hereby amended to read as follows: 539.633 The principal and interest shall be payable at the place73-22
designated in the bonds, which may be at any place within or outside of this73-23
state, and any district may deposit73-24
more banks or credit unions within or outside of this state for the payment73-25
of the principal or interest on such bonds at the place or places at which the73-26
same are payable, or for any other lawful purpose. Sec. 124. NRS 539.655 is hereby amended to read as follows: 539.655 1. Whenever any bond of an irrigation district organized and73-29
existing under and pursuant to the laws of the State of Nevada, including73-30
any bond authorized in any such district but not sold, which is eligible to73-31
certification by the state controller under NRS 539.647, is presented to the73-32
state controller, he shall attach a certificate in substantially the following73-33
form:73-34
Carson City, Nevada (insert date).73-35
I, ........................, state controller of the State of Nevada, do hereby73-36
certify that the within bond, No. ..... of issue No. ........ of the ................73-37
Irrigation District, issued ................ (insert date), is, in accordance with73-38
NRS 539.640 to 539.665, inclusive, a legal investment for all trust funds73-39
and for the73-40
commercial and savings, credit unions, trust companies, and any73-41
money which may be invested in county, municipal or school district bonds,73-42
and it may be deposited as security for the performance of any act whenever74-1
the bonds of any county, city or school district may be so deposited, it being74-2
entitled to such privileges by virtue of an examination by the department of74-3
taxation in pursuance of NRS 539.640 to 539.665, inclusive. The within74-4
bond may also be used as security for the deposit of public money in banks74-5
or credit unions in this state.74-6
74-7
State Controller of the State of Nevada74-8
2. In case of a change in the constitution or any of the laws of this state74-9
relating to the bonds of irrigation districts, the state controller shall, if74-10
necessary, modify the above certificate so that it conforms to the facts.74-11
3. A facsimile of the state controller’s signature, printed or otherwise,74-12
impressed upon the certificate is a sufficient signing thereof.74-13
Sec. 125. NRS 539.660 is hereby amended to read as follows: 539.660 1. All bonds certified in accordance with the terms of NRS74-15
539.640 to 539.665, inclusive, are legal investments for all trust funds, and74-16
for the74-17
and savings, credit unions and trust companies.74-18
2. Whenever any money74-19
enacted, be invested in bonds of cities, counties, school districts or74-20
municipalities in the State of Nevada, such money74-21
invested in the bonds of irrigation districts, and whenever bonds of cities,74-22
counties, school districts or municipalities may by any law now or hereafter74-23
enacted be used as security for the performance of any act, bonds of74-24
irrigation districts under the limitations in NRS 539.640 to 539.665,74-25
inclusive, provided it may be so used.74-26
Sec. 126. NRS 561.335 is hereby amended to read as follows: 561.335 1. The revolving account for agriculture working capital in74-28
the amount of $10,000 is hereby created for the use of the division.74-29
2. The account must be used specifically for carrying out the provisions74-30
of NRS74-31
inclusive.74-32
3. The account may be used for:74-33
(a) Paying the expenses of all programs and laws administered by the74-34
division, except expenses related to estrays which are required to be paid74-35
pursuant to NRS 569.090. The account must be reimbursed promptly from74-36
the proper funds in the state treasury by claims paid as other claims against74-37
the state are paid for any expenses paid pursuant to this paragraph.74-38
(b) Providing advance money to officers and employees of the division74-39
for travel expenses and subsistence allowances arising out of their official74-40
duties or employment. Such an advance constitutes a lien in favor of the74-41
division upon the accrued wages of the requesting officer or employee in an75-1
amount equal to the sum advanced, but the administrator may advance more75-2
than the amount of the accrued wages of the officer or employee. Upon the75-3
return of the officer or employee, he is entitled to receive any authorized75-4
expenses and subsistence in excess of the amount advanced, and a sum75-5
equal to the advance must be paid into the revolving account for agriculture75-6
working capital.75-7
(c) Making grants and loans for any purpose authorized by subsection 275-8
of NRS 561.445. Any loan or grant made pursuant to this paragraph must be75-9
reimbursed promptly, as other claims against the state are paid, from the75-10
money deposited in the state treasury pursuant to subsection 1 of NRS75-11
561.445.75-12
4. The revolving account for agriculture working capital must be75-13
deposited in a bank or credit union qualified to receive deposits of public75-14
money and the deposit must be secured by a depository bond satisfactory to75-15
the state board of examiners.75-16
Sec. 127. NRS 569.090 is hereby amended to read as follows: 569.090 1. Except as otherwise provided pursuant to a cooperative75-18
agreement established pursuant to NRS 569.031, the division shall:75-19
(a) Pay the reasonable expenses incurred in taking up, holding,75-20
advertising and selling the estray, and any damages for trespass allowed75-21
pursuant to NRS 569.440, out of the proceeds of the sale of the estray and75-22
shall place the balance in an interest-bearing checking account in a bank or75-23
credit union qualified to receive deposits of public money. The proceeds75-24
from the sale and any interest on those proceeds, which are not claimed75-25
pursuant to subsection 2 within 1 year after the sale, must be deposited in75-26
the state treasury for credit to the livestock inspection account.75-27
(b) Make a complete record of the transaction, including the marks and75-28
brands and other means of identification of the estray, and shall keep the75-29
record open to the inspection of the public.75-30
2. If the lawful owner of the estray is found within 1 year after its sale75-31
and proves ownership to the satisfaction of the division, the net amount75-32
received from the sale must be paid to the owner.75-33
3. If any claim pending75-34
sale is denied, the proceeds and any interest thereon must be deposited in75-35
the livestock inspection account.75-36
Sec. 128. NRS 573.020 is hereby amended to read as follows: 573.020 1. A person shall not hold, operate, conduct or carry on a75-38
public livestock auction in this state without first securing a license therefor75-39
from the division.75-40
2. The application for a license must be on forms prescribed and75-41
furnished by the division and set forth:75-42
(a) The name of the operator of the public livestock auction.76-1
(b) The location of the establishment or premises where the public76-2
livestock auction is to be conducted.76-3
(c) The type or kinds of livestock to be handled, sold or exchanged.76-4
(d) A description of the facilities to be used in conducting the public76-5
livestock auction.76-6
(e) The weekly or monthly sales day or days on which the applicant76-7
proposes to operate his public livestock auction.76-8
(f) The name and address of the bank or credit union where the custodial76-9
account for consignors’ proceeds will be established and maintained by the76-10
operator of the public livestock auction in compliance with the provisions of76-11
NRS 573.104.76-12
(g) Such other information as the division reasonably may require,76-13
including, without limitation, proof that at the time of application the76-14
applicant has a line of credit established at a bank or credit union in the76-15
State of Nevada in an amount at least equal to the estimated average weekly76-16
gross sales receipts of the public livestock auction to be conducted by him.76-17
3. The application must be accompanied by a bond or deposit receipt76-18
and the required fee as provided in this chapter.76-19
Sec. 129. NRS 573.037 is hereby amended to read as follows: 573.037 1. As authorized by subsection 3 of NRS 573.030, in lieu of76-21
filing the bond described in NRS 573.033 or 573.035, the applicant may76-22
deliver to the administrator the receipt of a bank , credit union or trust76-23
company doing business in this state showing the deposit with such bank ,76-24
credit union or trust company of cash or of securities endorsed in blank by76-25
the owner thereof and of a market value equal at least to the required76-26
principal amount of the bond, such cash or securities to be deposited in76-27
escrow under an agreement conditioned as in the case of a bond. A receipt76-28
must be accompanied by evidence that there are no unsatisfied judgments76-29
against the applicant of record in the county where the applicant resides.76-30
2. An action for recovery against any such deposit may be brought in76-31
the same manner as in the case of an action for recovery on a bond filed76-32
under the provisions of this chapter.76-33
3. If any licensed operator of a public livestock auction for any reason76-34
ceases to operate such auction, the amount of money or securities deposited76-35
in lieu of a bond must be retained by the division for 1 year. If76-36
76-37
action has been commenced to recover against such money or securities, the76-38
amount thereof must be delivered to the owner thereof. If a legal action has76-39
been commenced within such time, all such money and securities must be76-40
held by the administrator subject to the order of a court of competent76-41
jurisdiction.77-1
Sec. 130. NRS 573.104 is hereby amended to read as follows: 573.104 1. Each licensee shall deposit the gross proceeds received by77-3
him from the sale of livestock handled on a commission or agency basis in a77-4
separate77-5
bank or credit union at which his line of credit, as required by paragraph77-6
(g) of subsection 2 of NRS 573.020, is established. The separate77-7
account must be designated a "custodial account for consignors’ proceeds."77-8
2. The custodial account for consignors’ proceeds may be drawn on77-9
only:77-10
(a) For the payment of net proceeds to the consignor, or any other person77-11
or persons of whom the licensee has knowledge who is entitled to those77-12
proceeds;77-13
(b) To obtain the sums due the licensee as compensation for his services;77-14
and77-15
(c) For such sums as are necessary to pay all legal charges against the77-16
consignment of livestock which the licensee in his capacity as agent is77-17
required to pay for and on behalf of the consignor.77-18
3. The licensee shall:77-19
(a) In each case keep such accounts and records as will at all times77-20
disclose the names of the consignors and the amount due to each from the77-21
money in the custodial account for consignors’ proceeds.77-22
(b) Maintain the custodial account for consignors’ proceeds in a manner77-23
that will expedite examination by the administrator and reflect compliance77-24
with the requirements of this section.77-25
Sec. 131. NRS 573.105 is hereby amended to read as follows: 573.105 The administrator shall ascertain, at least quarterly, the77-27
continued existence and amount of the line of credit shown pursuant to77-28
paragraph (g) of subsection 2 of NRS 573.020, or its replacement by a line77-29
of credit at another bank or credit union in the State of Nevada and the77-30
amount of the replacement. If the line of credit is so replaced, the custodial77-31
account must be transferred to the bank or credit union issuing the new line77-32
of credit. If a line of credit in the amount required is not maintained, the77-33
administrator shall suspend the operator’s license.77-34
Sec. 132. NRS 573.183 is hereby amended to read as follows: 573.183 When the administrator determines, on the basis of any77-36
verified complaint or of any inspection or investigation made by him77-37
pursuant to this chapter, that any operator of a public livestock auction is77-38
violating or is about to violate any provision of this chapter for the77-39
protection of consignor creditors, he may order:77-40
1. The operator to cease and desist from:77-41
(a) Receiving or selling any livestock;77-42
(b) Receiving or disbursing any money; or78-1
(c) Any practice which violates any provision of this chapter or any other78-2
law or any rule, order or regulation issued pursuant to law.78-3
2. Any bank or credit union which holds the custodial account of the78-4
operator, as required by NRS 573.104, to refrain from paying out any78-5
money from the account.78-6
The order ceases to be effective upon the expiration of 3 days, exclusive of78-7
Saturdays, Sundays and other nonjudicial days,78-8
issuance unless a court has, pursuant to NRS 573.185, issued an order which78-9
continues the restraint.78-10
Sec. 133. NRS 576.040 is hereby amended to read as follows: 576.040 1. Each applicant to whom a license to act as a dealer, broker78-12
or commission merchant is issued shall:78-13
(a) File one of the following:78-14
(1) A bond of a surety company authorized to do business in this state.78-15
(2) A bond with individual sureties owning unencumbered real78-16
property within this state subject to execution and worth, above all78-17
exemptions, double the amount of the bond.78-18
(3) A personal bond secured by a first deed of trust on real property78-19
within this state which is subject to execution and worth, above all78-20
exemptions, double the amount of the bond. When the applicant files the78-21
bond with the division he shall also file a policy of title insurance on the real78-22
property from a title insurance company licensed in this state which states78-23
that the property is free and clear of all encumbrances and liens other than78-24
the first deed of trust. The applicant shall certify under oath that the78-25
property is worth at least twice the amount of the bond and that it is78-26
unencumbered. The certificate must be approved by the division.78-27
The bond must be in the form prescribed by, and to the satisfaction of, the78-28
division, conditioned for the payment of a judgment against the applicant78-29
and arising out of the failure of the applicant or his agent to conduct his78-30
business in accordance with the provisions of this chapter, or for78-31
nonpayment of obligations in connection with the purchase and sale of78-32
livestock or farm products. The bond must provide that the surety company,78-33
if any, will notify the division before the end of the second business day78-34
after any claim or judgment has been made against the bond. The aggregate78-35
liability of any surety to all claimants is limited to the amount of the bond78-36
for each licensing period.78-37
(b) File a copy of the bond required by the United States pursuant to the78-38
provisions of the Packers and Stockyards Act ,78-39
(c) Furnish other security in the amount required by this section which is78-40
acceptable to the division.78-41
2. In lieu of complying with one of the alternatives provided in78-42
subsection 1, the dealer, broker or commission merchant may deliver to the78-43
division the receipt of a bank , credit union or trust company in this state79-1
showing the deposit with that bank , credit union or trust company of cash79-2
or of securities endorsed in blank by the owner thereof and of a market79-3
value equal at least to the required principal amount of the bond. The cash79-4
or securities must be deposited in escrow under an agreement conditioned as79-5
in the case of a bond. Any receipt must be accompanied by evidence that79-6
there are no unsatisfied judgments against the dealer, broker or commission79-7
merchant of record in the county or counties in which he is doing business79-8
or resides. An action for recovery against any such deposit may be brought79-9
in the same manner as in the case of an action for recovery on a bond filed79-10
under the provisions of NRS 576.042.79-11
3. The amount of the bond, other security or deposit must be:79-12
(a) Based on the applicant’s annual volume of purchases, according to a79-13
schedule adopted by the division; and79-14
(b) Not less than $5,000 nor more than $100,000.79-15
4. All bonds must be renewed or continued in accordance with79-16
regulations adopted by the division.79-17
5. Any licensed dealer, broker or commission merchant who knowingly79-18
sells or otherwise encumbers real property which is the security for a bond79-19
under subsection 1, after a policy of title insurance on that property has been79-20
issued and while the bond is in force, is guilty of a gross misdemeanor.79-21
Sec. 134. NRS 598.0966 is hereby amended to read as follows: 598.0966 1. There is hereby created a revolving account for the79-23
consumer affairs division of the department of business and industry in the79-24
sum of $7,500, which must be used for the payment of expenses related to79-25
conducting an undercover investigation of a person who is allegedly79-26
engaging in a deceptive trade practice.79-27
2. The commissioner shall deposit the money in the revolving account79-28
in a bank or credit union qualified to receive deposits of public79-29
money as provided by law, and the deposit must be secured by a depository79-30
bond satisfactory to the state board of examiners.79-31
3. The commissioner or his designee may:79-32
(a) Sign all checks drawn upon the revolving account; and79-33
(b) Make withdrawals of cash from the revolving account.79-34
4. Payments made from the revolving account must be promptly79-35
reimbursed from the legislative appropriation, if any, to the consumer affairs79-36
division for the expenses related to conducting an undercover investigation79-37
of a person who is allegedly engaging in a deceptive trade practice. The79-38
claim for reimbursement must be processed and paid as other claims against79-39
the state are paid.79-40
5. The commissioner shall:79-41
(a) Approve any disbursement from the revolving account; and79-42
(b) Maintain records of any such disbursement.80-1
Sec. 135. NRS 598.2807 is hereby amended to read as follows: 598.2807 1. Each registrant shall deposit with the division:80-3
(a) A bond executed by a corporate surety approved by the commissioner80-4
and licensed to do business in this state;80-5
(b) An irrevocable letter of credit for which the registrant is the obligor,80-6
issued by a bank whose deposits are federally insured; or80-7
(c) A certificate of deposit in a80-8
which is doing business in this state80-9
insured by a private insurer approved pursuant to NRS 678.755. The80-10
certificate of deposit may be withdrawn only on the order of the80-11
commissioner, except that the interest may accrue to the registrant.80-12
2. The term of the bond, letter of credit or certificate of deposit, or any80-13
renewal thereof, must be not less than 1 year.80-14
3. If the registrant deposits a bond, the registrant shall keep accurate80-15
records of the bond and the payments made on the premium. The records80-16
must be open to inspection by the division during business hours. The80-17
registrant shall notify the division not later than 30 days before the date of80-18
expiration of the bond and provide written proof of the renewal of the bond80-19
to the division.80-20
4. The commissioner may reject any bond, letter of credit or certificate80-21
of deposit which fails to conform to the requirements of this chapter.80-22
5. A registrant may change the form of security which he has deposited80-23
with the division. If the registrant changes the form of the security, the80-24
commissioner may retain for not more than 1 year any portion of the80-25
security previously deposited by the registrant as security for claims arising80-26
during the time the previous security was in effect.80-27
6. If the amount of the deposited security falls below the amount80-28
required by this chapter for that security, the registrant shall be deemed not80-29
to be registered as required by NRS 598.2806 for the purposes of this80-30
chapter.80-31
Sec. 136. NRS 598.281 is hereby amended to read as follows: 598.281 As used in NRS 598.281 to 598.289, inclusive, unless the80-33
context otherwise requires:80-34
1. "Buyer" means a natural person who is solicited to purchase or who80-35
purchases the services of an organization which provides credit services.80-36
2. "Commissioner" means the commissioner of consumer affairs.80-37
3. "Division" means the consumer affairs division of the department of80-38
business and industry.80-39
4. "Extension of credit" means the right to defer payment of debt or to80-40
incur debt and defer its payment, offered or granted primarily for personal,80-41
family or household purposes.80-42
5. "Organization":81-1
(a) Means a person who, with respect to the extension of credit by others,81-2
sells, provides or performs, or represents that he can or will sell, provide or81-3
perform, any of the following services, in return for the payment of money81-4
or other valuable consideration:81-5
(1) Improving a buyer’s credit record, history or rating.81-6
(2) Obtaining an extension of credit for a buyer.81-7
(3) Providing counseling or assistance to a person in establishing or81-8
effecting a plan for the payment of his indebtedness, unless such counseling81-9
or assistance is provided by and is within the scope of the authorized81-10
practice of a debt adjuster licensed pursuant to chapter 676 of NRS.81-11
(4) Providing advice or assistance to a buyer with regard to either81-12
subparagraph (1) or (2).81-13
(b) Does not include any of the following:81-14
(1) A person organized, chartered or holding a license or authorization81-15
certificate to make loans or extensions of credit pursuant to the laws of this81-16
state or the United States who is subject to regulation and supervision by an81-17
officer or agency of this state or the United States.81-18
(2) A bank , credit union or savings and loan institution whose81-19
deposits or accounts are eligible for insurance by the Federal Deposit81-20
Insurance Corporation81-21
Fund or a private insurer approved pursuant to NRS 678.755.81-22
(3) A nonprofit organization exempt from taxation under section81-23
501(c)(3) of the Internal Revenue Code.81-24
(4) A person licensed as a real estate broker by this state where the81-25
person is acting within the course and scope of that license.81-26
(5) A person licensed to practice law in this state where the person81-27
renders services within the course and scope of his practice as an attorney at81-28
law, unless the person is rendering such services in the course and scope of81-29
employment by or other affiliation with an organization.81-30
(6) A broker-dealer registered with the Securities and Exchange81-31
Commission or the Commodity Futures Trading Commission where the81-32
broker-dealer is acting within the course and scope of such regulation.81-33
(7) A person licensed as a debt adjuster pursuant to chapter 676 of81-34
NRS.81-35
(8) A reporting agency.81-36
6. "Reporting agency" means a person who, for fees, dues or on a81-37
cooperative nonprofit basis, regularly engages in whole or in part in the81-38
business of assembling or evaluating information regarding the credit of or81-39
other information regarding consumers to furnish consumer reports to third81-40
parties, regardless of the means or facility of commerce used to prepare or81-41
furnish the consumer reports. The term does not include:81-42
(a) A person solely for the reason that he conveys a decision regarding81-43
whether to guarantee a check in response to a request by a third party;82-1
(b) A person who obtains or creates a consumer report and provides the82-2
report or information contained in it to a subsidiary or affiliate; or82-3
(c) A person licensed pursuant to chapter 463 of NRS.82-4
Sec. 137. NRS 598.855 is hereby amended to read as follows: 598.855 1. Before the organization receives any money from any82-6
buyer pursuant to a contract for membership in the organization, it shall82-7
establish a trust account for payments on contracts at a82-8
financial institution82-9
insurer approved pursuant to NRS 678.755. Each payment from a buyer82-10
for his contract for membership except for $50 of the first payment, must be82-11
deposited in the account. During each quarter of the term of a contract or82-12
each 6 months, whichever is shorter , the trustee shall withdraw one quarter82-13
of the buyer’s payments from the account and pay the amount to the82-14
organization.82-15
2. If the organization sells, transfers or assigns the contract with the82-16
buyer to a third party, and the third party gives reasonable consideration for82-17
the contract, the organization shall deposit the consideration in the trust82-18
account. If the third party does not give reasonable consideration for the82-19
contract, the organization shall deposit all payments on the contract from the82-20
buyer in the organization’s trust account for payments on the contract.82-21
Sec. 138. NRS 599B.100 is hereby amended to read as follows: 599B.100 1. An application filed pursuant to NRS 599B.090 must be82-23
accompanied by:82-24
(a) A bond executed by a corporate surety approved by the commissioner82-25
and licensed to do business in this state;82-26
(b) An irrevocable letter of credit issued for the benefit of the applicant82-27
by a bank whose deposits are insured by an agency of the Federal82-28
Government; or82-29
(c) A certificate of deposit in a financial institution insured by an agency82-30
of the Federal Government82-31
pursuant to NRS 678.755. The certificate of deposit may be withdrawn82-32
only on the order of the commissioner, except that the interest may accrue to82-33
the applicant.82-34
2. The amount of the bond, letter of credit or certificate of deposit must82-35
be $50,000, and the bond, letter of credit or certificate of deposit must be82-36
conditioned upon compliance by the applicant with the provisions of this82-37
chapter.82-38
3. The amount of the security required to be filed by the seller may be82-39
increased to not more than $250,000 as part of an assurance of82-40
discontinuance accepted by the attorney general pursuant to NRS 599B.235.82-41
4. If, after a registration certificate is issued, the amount of the bond,82-42
letter of credit or certificate of deposit which secures the registration falls82-43
below the amount that is required by subsection 2 or the amount determined83-1
by the commissioner pursuant to subsection 3, the seller shall be deemed not83-2
to be registered pursuant to this chapter for the purposes of NRS 599B.080.83-3
5. The term of any bond, letter of credit or certificate of deposit, or any83-4
renewal thereof, must not be less than 1 year.83-5
6. The commissioner may reject any bond, letter of credit or certificate83-6
of deposit which fails to conform to the requirements of this section.83-7
7. A seller may change the form of the security. If a seller changes the83-8
form of the security, the commissioner may retain for not more than 1 year83-9
all or a portion of the security previously filed by the seller as security for83-10
claims arising at the time the security was in effect.83-11
8. If no claims have been filed against the bond, letter of credit or83-12
certificate of deposit within 6 months after the registrant ceases to operate83-13
or his registration expires, whichever occurs later, the commissioner shall83-14
release the bond, letter of credit or certificate of deposit to the registrant and83-15
shall not audit any claims filed thereafter by consumers. If one or more83-16
claims have been filed against the bond, letter of credit or certificate of83-17
deposit within 6 months after the registrant ceases to operate or his83-18
registration expires, whichever occurs later, the proceeds must not be83-19
released to the registrant or distributed to any consumer earlier than 1 year83-20
after the registrant ceases to operate or his registration expires, whichever83-21
occurs later. The division shall not audit any claims which are filed pursuant83-22
to NRS 599B.105 more than 1 year after the registrant ceases to operate or83-23
his registration expires, whichever occurs later. For the purposes of this83-24
subsection, the commissioner shall determine the date on which a registrant83-25
ceases to operate.83-26
Sec. 139. NRS 604.120 is hereby amended to read as follows: 604.120 1. In lieu of any surety bond, or any portion of the principal83-28
sum thereof as required by this chapter, a registrant may deposit with the83-29
state treasurer or with any bank , credit union or trust company authorized83-30
to do business in this state as the registrant may select, with the approval of83-31
the commissioner:83-32
(a) Interest-bearing stocks;83-33
(b) Bills, bonds, notes, debentures or other obligations of the United83-34
States or any agency or instrumentality thereof, or guaranteed by the United83-35
States; or83-36
(c) Any obligation of this state or any city, county, town, township,83-37
school district or other instrumentality of this state or guaranteed by this83-38
state,83-39
in an aggregate amount of, based upon principal amount or market value,83-40
whichever is lower, of not less than the amount of the required surety bond83-41
or portion thereof.83-42
2. The securities must be held to secure the same obligation as would83-43
the surety bond, but the depositor may receive any interest or dividends and,84-1
with the approval of the commissioner, substitute other suitable securities84-2
for those deposited.84-3
Sec. 140. NRS 607.170 is hereby amended to read as follows: 607.170 1. When the labor commissioner deems it necessary, he may84-5
take an assignment of a claim for wages and commissions and prosecute an84-6
action for collection of wages, commissions and other demands of any84-7
person who is financially unable to employ counsel in a case in which, in the84-8
judgment of the labor commissioner, the claim for wages or commissions is84-9
valid and enforceable in the courts.84-10
2. In all matters relating to wages or commissions and before taking any84-11
assignment, the labor commissioner may summon to appear before him, at a84-12
suitable place in the county of the claimant, his employer and all other84-13
necessary persons for the purpose of adjusting and settling claims for wages84-14
or commissions before bringing suit therefor, and the labor commissioner84-15
may effect reasonable compromises of those claims.84-16
3. The labor commissioner or his deputy may maintain a commercial84-17
account with any bank or credit union within84-18
of money collected for claims for wages or commissions. The money must84-19
be promptly paid to the person entitled thereto. At the end of each calendar84-20
year, any unclaimed money in the commercial account which has been a84-21
part of the account for 5 years or more is presumed abandoned under NRS84-22
120A.220.84-23
Sec. 141. NRS 608.120 is hereby amended to read as follows: 608.120 The payment of wages or compensation must be made in84-25
lawful money of the United States or by a good and valuable negotiable84-26
check or draft drawn only to the order of the employee unless:84-27
1. The employee has agreed in writing to some other disposition of his84-28
wages; or84-29
2. The employer has been directed to make some other disposition of84-30
the employee’s wages by:84-31
(a) A court of competent jurisdiction; or84-32
(b) An agency of federal, state or local government with jurisdiction to84-33
issue such directives.84-34
Such checks or drafts must be payable on presentation thereof at some bank84-35
, credit union or established place of business without discount in lawful84-36
money of the United States. They must be payable at the place designated in84-37
the notice prescribed in NRS 608.080.84-38
Sec. 142. NRS 608.130 is hereby amended to read as follows: 608.130 1. A person engaged in any business or enterprise of any84-40
kind in this state shall not issue, in payment of, or as evidence of, any84-41
indebtedness for wages due an employee, any order, check, memorandum or84-42
other acknowledgment of indebtedness unless it is a negotiable instrument84-43
payable without discount, in cash on demand, at some bank , credit union or85-1
other established place of business but this subsection does not limit or85-2
interfere with the right of any employee, by agreement, to accept from any85-3
such person, as an evidence or acknowledgment of indebtedness for wages85-4
due him, a negotiable instrument payable at some future date with interest.85-5
2. In the event of nonpayment when due of any negotiable instrument85-6
issued in payment of wages, the holder in due course of the instrument85-7
succeeds and has the same rights, priorities and preferences with respect to85-8
payment thereof, and stands in the same position, as the payee of the85-9
instrument with respect to a claim for wages unpaid when due, in addition to85-10
any other remedy available to the holder in due course provided by law.85-11
3. An employer who knowingly issues to an employee a negotiable85-12
instrument in payment of wages for which there is insufficient money,85-13
property or credit with the drawee of the instrument to pay it in full upon85-14
presentation shall reimburse the employee for any penalty or charge85-15
incurred by him arising from his reliance on the validity of the instrument.85-16
Sec. 143. NRS 611.070 is hereby amended to read as follows: 611.070 1. Before a license is issued, the applicant shall deposit with85-18
the labor commissioner a bond, approved by the labor commissioner, in the85-19
sum of $1,000 with two or more sureties or an authorized surety company as85-20
surety. A notice of 30 days must be given to the labor commissioner before85-21
cancellation of the bond.85-22
2. The bond must be conditioned so that the suspension, revocation,85-23
surrender or expiration of the license to operate the employment agency85-24
does not affect the coverage of the bond as to a claim arising out of acts that85-25
occurred before the date of the suspension, revocation, surrender or85-26
expiration of the license.85-27
3. In lieu of a bond an applicant may deposit with the labor85-28
commissioner:85-29
(a) An amount of money or bonds of the United States or of the State of85-30
Nevada of an actual market value not less than the amount fixed by the85-31
labor commissioner; or85-32
(b) A savings certificate of a bank , credit union or savings and loan85-33
association situated in Nevada, which indicates an account containing an85-34
amount equal to the amount of the bond which would otherwise be required85-35
by this section and that this amount is unavailable for withdrawal except85-36
upon order of the labor commissioner. Interest earned on this amount85-37
accrues to the account of the applicant.85-38
4. The labor commissioner may at any time require the licensee to file a85-39
new or supplementary bond, or a deposit in lieu thereof, in a form and85-40
amount of not more than $5,000 to conform to the provisions of this section85-41
if the labor commissioner deems the initial deposit or surety of the initial85-42
bond to be unsatisfactory or the amount of the deposit or bond to have86-1
become insufficient to satisfy all claims, accrued or contingent, against the86-2
licensee.86-3
5. Any money received in lieu of a bond must be deposited with the86-4
state treasurer for credit to the labor commissioner’s account for bonds,86-5
which is hereby created in the state agency fund for bonds. The deposit must86-6
not be released for a period of 90 days following the date of suspension,86-7
revocation, surrender or expiration of the license.86-8
Sec. 144. NRS 611.135 is hereby amended to read as follows: 611.135 1. The labor commissioner may accept assignments of claims86-10
arising under NRS 611.020 to 611.320, inclusive, against employment86-11
agencies.86-12
2. The labor commissioner may maintain a commercial account with86-13
any bank or credit union within86-14
86-15
86-16
thereto. At the end of each calendar year, any unclaimed86-17
the commercial account which86-18
for 7 years or more86-19
the state general fund.86-20
Sec. 145. NRS 612.590 is hereby amended to read as follows: 612.590 1. The state treasurer shall:86-22
(a) Be the treasurer and custodian of the fund.86-23
(b) Administer the fund in accordance with the directions of the86-24
administrator.86-25
(c) Issue his warrants upon it in accordance with such regulations as the86-26
administrator prescribes.86-27
2. The state treasurer shall maintain within the fund three separate86-28
accounts:86-29
(a) A clearing account.86-30
(b) An unemployment trust fund account.86-31
(c) A benefit account.86-32
3. All money payable to the fund, upon receipt thereof by the86-33
administrator, must be forwarded to the state treasurer, who shall86-34
immediately deposit it in the clearing account.86-35
4. Refunds payable pursuant to NRS 612.655 may be paid from the86-36
clearing account or from the benefit account upon warrants issued by the86-37
state treasurer under the direction of the administrator.86-38
5. After clearance thereof, all other money in the clearing account must86-39
be immediately deposited with the Secretary of the Treasury to the credit of86-40
the account of this state in the unemployment trust fund established and86-41
maintained pursuant to Section 904 of the Social Security Act, as amended ,86-42
87-1
deposit, administration, release or disbursement of money in the possession87-2
or custody of this state to the contrary notwithstanding.87-3
6. The benefit account consists of all money requisitioned from this87-4
state’s account in the unemployment trust fund.87-5
7. Except as herein otherwise provided, money in the clearing and87-6
benefit accounts may be deposited by the state treasurer, under the direction87-7
of the administrator, in any bank , credit union or public depositary in87-8
which general money of the state may be deposited, but no public deposit87-9
insurance charge or premium may be paid out of the fund.87-10
8. Money in the clearing and benefit accounts must not be commingled87-11
with other state money, but must be maintained in a separate account on the87-12
books of the depositary. Money in the clearing and benefit accounts must be87-13
secured by the bank , credit union or public depositary to the same extent87-14
and in the same manner as required by the general depositary laws of the87-15
State of Nevada, and collateral pledged must be maintained in a separate87-16
custody account.87-17
Sec. 146. NRS 615.255 is hereby amended to read as follows: 615.255 1. There is hereby created the vocational rehabilitation87-19
revolving account in the amount of $35,000 to be used for the payment of87-20
claims of applicants for or recipients of services from the bureau and87-21
vendors providing services to those applicants or recipients under87-22
procedures established by the bureau.87-23
2. Upon written request from the chief, the state controller shall draw87-24
his warrant from money already appropriated in favor of the chief in the87-25
sum of $35,000. When the warrant is paid, the chief shall deposit the87-26
$35,000 in a bank or credit union qualified to receive deposits of public87-27
money. The bank or credit union must secure the deposit with a depository87-28
bond satisfactory to the state board of examiners, unless it is otherwise87-29
secured by the Federal Deposit Insurance Corporation87-30
Credit Union Share Insurance Fund or a private insurer approved87-31
pursuant to NRS 678.755.87-32
3. After expenditure of money from the revolving account, the chief87-33
shall present a claim to the state board of examiners. When approved by the87-34
state board of examiners, the state controller shall draw his warrant in the87-35
amount of the claim in favor of the vocational rehabilitation revolving87-36
account, to be paid to the order of the chief, and the state treasurer shall pay87-37
it.87-38
4. Money in the vocational rehabilitation revolving account does not87-39
revert to the state general fund at the end of the fiscal year, but remains in87-40
the revolving account.87-41
5. Purchases paid for from the vocational rehabilitation revolving87-42
account for the purposes authorized by subsection 1 may be exempt from87-43
the provisions of the State Purchasing Act at the discretion of the chief of88-1
the purchasing division of the department of administration or his88-2
designated representative.88-3
Sec. 147. NRS 616B.056 is hereby amended to read as follows: 616B.056 The manager shall:88-5
1. Approve annual and biennial budgets of the system.88-6
2. Approve investment policies of the system.88-7
3. Approve the appointment of investment counselors and custodians of88-8
investments.88-9
4. Approve the designation of banks and credit unions as collection88-10
depositories.88-11
5. Approve the appointment of an independent actuary and arrange for88-12
an annual actuarial valuation and report of the soundness of the system and88-13
the state insurance fund as prepared by the independent actuary.88-14
6. Appoint an independent certified accountant who shall provide an88-15
annual audit of the state insurance fund and report to the manager.88-16
7. Before each legislative session, report to the legislature on the88-17
operation of the system and any recommendation for legislation which he88-18
deems appropriate.88-19
Sec. 148. NRS 616B.107 is hereby amended to read as follows: 616B.107 1. No person engaged in business as a broker or dealer in88-21
securities or who has a direct pecuniary interest in any such business who88-22
receives commissions for transactions performed as an agent for the system88-23
is eligible for employment as investment counsel for the system.88-24
2. The manager shall not engage investment counsel unless:88-25
(a) The principal business of the person selected by the manager consists88-26
of rendering investment supervisory services, that is, the giving of88-27
continuous advice as to the investment of money on the basis of the88-28
individual needs of each client;88-29
(b) The person and his predecessors have been continuously engaged in88-30
such business for a period of 3 or more years, and, if a firm or corporation,88-31
the senior management personnel of the firm or corporation have an average88-32
of 10 years professional experience as investment managers;88-33
(c) The person as of the time originally hired, has at least $250,000,00088-34
of assets under management contract, exclusive of any assets related to88-35
governmental agencies in this state;88-36
(d) The person is registered as an investment adviser under the laws of88-37
the United States as from time to time in effect, or is a bank or an88-38
investment management subsidiary of a bank;88-39
(e) The contract between the system and the investment counsel is of no88-40
specific duration and is voidable at any time by either party; and88-41
(f) The person has been approved by the state board of finance for88-42
employment as investment counsel.89-1
3. More than one investment counsel may be employed in the discretion89-2
of the manager.89-3
4. The expense of such employment must be paid from the state89-4
insurance fund.89-5
5. Any investment program adopted by the system and all investments89-6
made thereunder must be reported quarterly in writing by the manager to the89-7
state board of finance, and the report is subject to review by the state board89-8
of finance. The state board of finance may require the manager to provide89-9
further reports and may recommend modifications in the investment89-10
program, including replacement of the investment counsel. If, after a89-11
reasonable time, the manager has not taken suitable corrective action in89-12
response to recommendations by the state board of finance, the state board89-13
of finance may direct the manager to carry out its recommendations in a89-14
manner acceptable to the state board of finance. Any directives from the89-15
state board of finance must be in writing.89-16
6. With the approval of the state board of finance, the manager may89-17
designate89-18
have89-19
to 616B.164, inclusive.89-20
7. The system may accept due bills from brokers upon delivery of89-21
warrants if the certificates representing the investments are not readily89-22
available.89-23
Sec. 149. NRS 616B.149 is hereby amended to read as follows: 616B.149 The manager may invest and reinvest the money in the funds89-25
of the system in:89-26
1. Negotiable instruments as they are set forth in the Uniform89-27
Commercial Code—Negotiable Instruments, NRS 104.3101 et seq. Eligible89-28
negotiable instruments may not exceed 180 days’ maturity and must be of89-29
prime quality as defined by a nationally recognized organization which rates89-30
such securities. It is further limited to issuing corporations with net worth in89-31
excess of $50 million which are incorporated under the laws of the United89-32
States or any state thereof or the District of Columbia.89-33
2. Collective or part interest in negotiable instruments held by national89-34
banks and issued by companies whose negotiable instruments meet the89-35
requirements prescribed in subsection 1.89-36
3. Bankers’ acceptances of the kind and maturities made eligible by law89-37
for rediscount with Federal Reserve Banks, and generally accepted by banks89-38
or trust companies which are members of the Federal Reserve System.89-39
4. Time certificates of deposit issued by commercial banks , insured89-40
credit unions or insured savings and loan associations.89-41
5. Savings accounts in state banks, located in and organized under the89-42
laws of this state, or national banks.90-1
6. Savings accounts in insured credit unions or insured savings and90-2
loan associations located in or organized under the laws of this state.90-3
Sec. 150. NRS 616B.254 is hereby amended to read as follows: 616B.254 1. As used in this section, "person" includes this state, and90-5
any county, municipality, district or other political subdivision thereof.90-6
2. If any employer is delinquent in the payment of the amount of any90-7
premium, penalty or interest required by chapters 616A to 616D, inclusive,90-8
of NRS or a determination has been made against him which remains90-9
unpaid, the manager may, not later than 3 years after the payment became90-10
delinquent or within 6 years after the recording of a judgment pursuant to90-11
NRS 616B.266, give notice of the amount of the delinquency personally or90-12
by registered or certified mail to any person having in his possession or90-13
under his control any money, credits or other personal property belonging to90-14
the delinquent employer, or owing any debts to the delinquent employer at90-15
the time of the receipt of the registered or certified notice. In the case of any90-16
state officer, department or agency, the notice must be given to the officer,90-17
department or agency before it presents the claim of the delinquent90-18
employer to the state controller.90-19
3. A state officer, department or agency which receives such a notice90-20
may satisfy any debt owed to it by that person before it honors the90-21
manager’s notice.90-22
4. After receiving the notice, a person so notified may not transfer or90-23
otherwise dispose of the money, credits, other personal property, or debts in90-24
his possession or under his control at the time he received the notice until90-25
the manager consents to a transfer or other disposition in writing, or until 3090-26
days after the receipt of the notice, whichever period expires earlier.90-27
5. A person so notified shall, within 5 days after receipt of the notice,90-28
inform the manager of all money, credits, other personal property, or debts90-29
belonging to the delinquent employer in his possession, under his control or90-30
owing by him.90-31
6. If the notice seeks to prevent the transfer or other disposition of a90-32
deposit in a bank or credit union or other credits or personal property in the90-33
possession or under the control of a bank90-34
be delivered or mailed to the branch or office of the bank or credit union at90-35
which the deposit is carried or at which the credits or personal property is90-36
held.90-37
7. If, during the effective period of the notice to withhold, any person so90-38
notified makes any transfer or other disposition of the property or debts90-39
required to be withheld, to the extent of the value of the property or the90-40
amount of the debts thus transferred or paid, he is liable to the state for any90-41
indebtedness due pursuant to chapters 616A to 616D, inclusive, of NRS90-42
from the person with respect to whose obligation the notice was given if90-43
solely by reason of the transfer or other disposition the state is unable to91-1
recover the indebtedness of the person with respect to whose obligation the91-2
notice was given.91-3
8. Upon the demand of the manager, the person shall remit or deliver to91-4
the manager the money, credit or other personal property up to the amount91-5
owed by the delinquent employer.91-6
Sec. 151. NRS 616B.368 is hereby amended to read as follows: 616B.368 1. The board of trustees of an association of self-insured91-8
public or private employers is responsible for the money collected and91-9
disbursed by the association.91-10
2. The board of trustees shall:91-11
(a) Establish a claims account in a91-12
in this state which is approved by the commissioner91-13
federally insured or insured by a private insurer approved pursuant to91-14
NRS 678.755. Except as otherwise provided in subsection 3, at least 7591-15
percent of the annual assessment collected by the association from its91-16
members must be deposited in this account to pay:91-17
(1) Claims;91-18
(2) Expenses related to those claims;91-19
(3) The costs associated with the association’s policy of excess91-20
insurance; and91-21
(4) Assessments, payments and penalties related to the subsequent91-22
injury fund and the uninsured employers’ claim fund.91-23
(b) Establish an administrative account in a91-24
institution in this state which is approved by the commissioner91-25
which is federally insured or insured by a private insurer approved91-26
pursuant to NRS 678.755. The amount of the annual assessment collected91-27
by the association that is not deposited in its claims account must be91-28
deposited in this account to pay the administrative expenses of the91-29
association.91-30
3. The commissioner may authorize an association to deposit less than91-31
75 percent of its annual assessment in its claims account if the association91-32
presents evidence to the satisfaction of the commissioner that:91-33
(a) More than 25 percent of the association’s annual assessment is91-34
needed to maintain its programs for loss control and occupational safety;91-35
and91-36
(b) The association’s policy of excess insurance attaches at less than 7591-37
percent.91-38
4. The board of trustees may invest the money of the association not91-39
needed to pay the obligations of the association pursuant to chapter 682A of91-40
NRS.91-41
5. The commissioner shall review the accounts of an association91-42
established pursuant to this section at such times as he deems necessary to91-43
ensure compliance with the provisions of this section.92-1
Sec. 152. NRS 623.160 is hereby amended to read as follows: 623.160 Except as otherwise provided in NRS 623.190, all fees92-3
provided for by the provisions of this chapter must be paid to and receipted92-4
for by the secretary of the board, who shall deposit the fees in banks or92-5
credit unions in the State of Nevada or institutions in this state whose92-6
business is the making of investments. Fees so deposited may be drawn92-7
against only for the purposes of this chapter.92-8
Sec. 153. NRS 623A.150 is hereby amended to read as follows: 623A.150 1. All money coming into the possession of the board must92-10
be kept or deposited by the executive director in banks , credit unions or92-11
savings and loan associations in the State of Nevada.92-12
2. Except as otherwise provided in subsection 6, all money collected by92-13
the board must be used to pay the expenses of examinations, expenses of the92-14
issuance of certificates and expenses to conduct the business of the board.92-15
3. The expenses, including the per diem allowances and travel expenses92-16
of the members and employees of the board while engaged in the business92-17
of the board and the expenses to conduct examinations, must be paid from92-18
the current receipts. No portion thereof may be paid from the state treasury.92-19
4. Any balance remaining in excess of the expenses incurred may be92-20
retained by the board and used to defray the future expenses of the board.92-21
5. The board may delegate to a hearing officer or panel its authority to92-22
take any disciplinary action pursuant to this chapter, impose and collect92-23
fines and penalties therefor and deposit the money therefrom in banks ,92-24
credit unions or savings and loan associations in this state.92-25
6. If a hearing officer or panel is not authorized to take disciplinary92-26
action pursuant to subsection 5 and the board deposits the money collected92-27
from the imposition of fines with the state treasurer for credit to the state92-28
general fund, it may present a claim to the state board of examiners for92-29
recommendation to the interim finance committee if money is needed to pay92-30
attorney’s fees or the costs of an investigation, or both.92-31
Sec. 154. NRS 624.140 is hereby amended to read as follows: 624.140 1. Except as otherwise provided in subsection 3, if money92-33
becomes available from the operations of this chapter and payments made92-34
for licenses, the board may pay from that money:92-35
(a) The expenses of the operations of this chapter, including the92-36
maintenance of offices.92-37
(b) The salary of the executive officer who must be named by the board.92-38
(c) A salary to each member of the board of not more than $80 per day,92-39
as fixed by the board, while engaged in the business of the board.92-40
(d) A per diem allowance and travel expenses for each member and92-41
employee of the board at a rate fixed by the board, while engaged in the92-42
business of the board. The rate must not exceed the rate provided for state92-43
officers and employees generally.93-1
2. The board may delegate to a hearing officer or panel its authority to93-2
take any disciplinary action pursuant to this chapter, impose and collect93-3
fines therefor and deposit the money therefrom in banks , credit unions or93-4
savings and loan associations in this state.93-5
3. If a hearing officer or panel is not authorized to take disciplinary93-6
action pursuant to subsection 2 and the board deposits the money collected93-7
from the imposition of fines with the state treasurer for credit to the state93-8
general fund, it may present a claim to the state board of examiners for93-9
recommendation to the interim finance committee if money is needed to pay93-10
attorney’s fees or the costs of an investigation, or both.93-11
Sec. 155. NRS 624.150 is hereby amended to read as follows: 624.150 1. The board shall elect one of its members as treasurer.93-13
2. All93-14
treasurer who shall keep books of account and who is authorized to deposit93-15
the93-16
in the State of Nevada, and to expend93-17
necessary for the operation of the board under the terms of this chapter93-18
when the expenses have been approved by the board.93-19
3. All balances at any time in the possession of the treasurer shall be93-20
subject to legislative disposition.93-21
Sec. 156. NRS 625.150 is hereby amended to read as follows: 625.150 1. The board shall deposit in banks , credit unions and93-23
savings and loan associations in the State of Nevada all money collected by93-24
it.93-25
2. Except as otherwise provided in subsection 6, all money collected by93-26
the board must be used to meet the expenses of conducting examinations,93-27
issuing licenses and conducting the office of the board.93-28
3. The expenses of the board, including the per diem allowances and93-29
travel expenses of the members and employees of the board while engaged93-30
in the business of the board and the expenses of conducting examinations,93-31
must be paid from the current receipts. No portion thereof may be paid from93-32
the state treasury.93-33
4. Any balance remaining in excess of the expenses incurred may be93-34
retained by the board and used in defraying the future expenses thereof.93-35
5. The board may delegate to a hearing officer or panel its authority to93-36
take any disciplinary action pursuant to this chapter, impose and collect93-37
fines and penalties therefor and deposit the money therefrom in banks ,93-38
credit unions or savings and loan associations in this state.93-39
6. If a hearing officer or panel is not authorized to take disciplinary93-40
action pursuant to subsection 5 and the board deposits the money collected93-41
from the imposition of fines with the state treasurer for credit to the state93-42
general fund, it may present a claim to the state board of examiners for94-1
recommendation to the interim finance committee if money is needed to pay94-2
attorney’s fees or the costs of an investigation, or both.94-3
7. The board shall consider and take appropriate action concerning a94-4
written notification received by the board pursuant to NRS 278.587 or94-5
338.176.94-6
Sec. 157. NRS 625A.060 is hereby amended to read as follows: 625A.060 1. The secretary of the board shall receive and account for94-8
all money paid to the board and deposit it in banks , credit unions and94-9
savings and loan associations in this state.94-10
2. The compensation and expenses of the members and employees of94-11
the board and the expenses of administering the provisions of this chapter94-12
must be paid from the fees received by the board upon approval by the94-13
board.94-14
Sec. 158. NRS 628.140 is hereby amended to read as follows: 628.140 1. Except as otherwise provided in subsection 3, all fees and94-16
other money received by the board pursuant to the provisions of this chapter94-17
must be deposited in banks , credit unions or savings and loan associations94-18
in the State of Nevada and expended solely for the purposes of this chapter.94-19
The money so deposited does not revert to the state general fund. The94-20
compensation provided for by this chapter and all expenses incurred under94-21
this chapter must be paid from this money. No compensation or expenses94-22
incurred under this chapter may be charged against the state general fund.94-23
2. The board may delegate to a hearing officer or panel its authority to94-24
take any disciplinary action pursuant to this chapter, impose and collect civil94-25
penalties, court costs and attorney’s fees therefor and deposit the money94-26
therefrom in banks , credit unions or savings and loan associations in this94-27
state.94-28
3. If a hearing officer or panel is not authorized to take disciplinary94-29
action pursuant to subsection 2 and the board deposits the money collected94-30
from the imposition of civil penalties, court costs and attorney’s fees with94-31
the state treasurer for credit to the state general fund, it may present a claim94-32
to the state board of examiners for recommendation to the interim finance94-33
committee if money is needed to pay attorney’s fees or the costs of an94-34
investigation, or both.94-35
Sec. 159. NRS 630.110 is hereby amended to read as follows: 630.110 1. Out of the money coming into the possession of the board,94-37
each member and advisory member of the board is entitled to receive:94-38
(a) A salary of not more than $80 per day, as fixed by the board, while94-39
engaged in the business of the board; and94-40
(b) A per diem allowance and travel expenses at a rate fixed by the94-41
board, while engaged in the business of the board. The rate must not exceed94-42
the rate provided for state officers and employees generally.95-1
2. While engaged in the business of the board, each employee of the95-2
board is entitled to receive a per diem allowance and travel expenses at a95-3
rate fixed by the board. The rate must not exceed the rate provided for state95-4
officers and employees generally.95-5
3. Expenses of the board and the expenses and salaries of its members95-6
and employees must be paid from the fees received by the board pursuant to95-7
the provisions of this chapter, and no part of the salaries or expenses of the95-8
board may be paid out of the state general fund or from the penalties95-9
imposed by the board pursuant to this chapter.95-10
4. All money received by the board from:95-11
(a) Fees must be deposited in financial institutions in this state95-12
that are federally insured95-13
NRS 678.755, invested in treasury bills or notes of the United States,95-14
deposited in institutions in this state whose business is the making of95-15
investments , or invested as authorized by NRS 355.140.95-16
(b) Penalties must be deposited with the state treasurer for credit to the95-17
state general fund.95-18
Sec. 160. NRS 630A.160 is hereby amended to read as follows: 630A.160 1. Out of the money coming into the possession of the95-20
board, each member of the board is entitled to receive:95-21
(a) A salary of not more than $80 per day, as fixed by the board, while95-22
engaged in the business of the board; and95-23
(b) A per diem allowance and travel expenses at a rate fixed by the95-24
board, while engaged in the business of the board. The rate must not exceed95-25
the rate provided for state officers and employees generally.95-26
2. While engaged in the business of the board, each employee of the95-27
board is entitled to receive a per diem allowance and travel expenses at a95-28
rate fixed by the board. The rate must not exceed the rate provided for state95-29
officers and employees generally.95-30
3. Expenses of the board and the expenses and salaries of the members95-31
and employees of the board must be paid from the fees received by the95-32
board pursuant to the provisions of this chapter. Except as otherwise95-33
provided in subsection 6, no part of the salaries or expenses of the members95-34
of the board may be paid out of the state general fund.95-35
4. All money received by the board must be deposited in financial95-36
institutions in this state95-37
private insurer approved pursuant to NRS 678.755.95-38
5. The board may delegate to a hearing officer or panel its authority to95-39
take any disciplinary action pursuant to this chapter, impose and collect95-40
administrative fines, court costs and attorney’s fees therefor and deposit the95-41
money therefrom in financial institutions in this state95-42
federally insured95-43
NRS 678.755.96-1
6. If a hearing officer or panel is not authorized to take disciplinary96-2
action pursuant to subsection 5, the board shall deposit the money collected96-3
from the imposition of administrative fines, court costs and attorney’s fees96-4
with the state treasurer for credit to the state general fund. The board may96-5
present a claim to the state board of examiners for recommendation to the96-6
interim finance committee if money is needed to pay attorney’s fees or the96-7
costs of an investigation, or both.96-8
Sec. 161. NRS 631.180 is hereby amended to read as follows: 631.180 1. Each member of the board is entitled to receive:96-10
(a) A salary of not more than $80 per day as fixed by the board, while96-11
engaged in the business of the board; and96-12
(b) A per diem allowance and travel expenses at a rate fixed by the96-13
board, while engaged in the business of the board. The rate must not exceed96-14
the rate provided for state officers and employees generally.96-15
2. While engaged in the business of the board, each employee of the96-16
board is entitled to receive a per diem allowance and travel expenses at a96-17
rate fixed by the board. The rate must not exceed the rate provided for state96-18
officers and employees generally.96-19
3. The board shall deposit in banks , credit unions or savings and loan96-20
associations in this state all fees which it receives.96-21
4. All expenses of the board must be paid from the fees received by the96-22
board, and no part thereof may be paid from the state general fund.96-23
Sec. 162. NRS 631.350 is hereby amended to read as follows: 631.350 1. Except as otherwise provided in NRS 631.347, the board96-25
may:96-26
(a) Refuse to issue a license to any person;96-27
(b) Revoke or suspend the license or renewal certificate issued by it to96-28
any person;96-29
(c) Fine a person it has licensed;96-30
(d) Place a person on probation for a specified period on any conditions96-31
the board may order;96-32
(e) Issue a public reprimand to a person;96-33
(f) Limit a person’s practice to certain branches of dentistry;96-34
(g) Require a person to participate in a program to correct alcohol or96-35
drug abuse or any other impairment;96-36
(h) Require that a person’s practice be supervised;96-37
(i) Require a person to perform public service without compensation;96-38
(j) Require a person to take a physical or mental examination or an96-39
examination of his competence;96-40
(k) Require a person to fulfill certain training or educational96-41
requirements; or96-42
(l) Any combination thereof,97-1
upon proof satisfactory to the board that the person has engaged in any of97-2
the activities listed in subsection 2.97-3
2. The following activities may be punished as provided in subsection97-4
1:97-5
(a) Engaging in the illegal practice of dentistry or dental hygiene;97-6
(b) Engaging in unprofessional conduct; or97-7
(c) Violating any regulations adopted by the board or the provisions of97-8
this chapter.97-9
3. The board may delegate to a hearing officer or panel its authority to97-10
take any disciplinary action pursuant to this chapter, impose and collect97-11
fines therefor and deposit the money therefrom in banks , credit unions or97-12
savings and loan associations in this state.97-13
4. If a hearing officer or panel is not authorized to take disciplinary97-14
action pursuant to subsection 3 and the board deposits the money collected97-15
from the imposition of fines with the state treasurer for credit to the state97-16
general fund, it may present a claim to the state board of examiners for97-17
recommendation to the interim finance committee if money is needed to pay97-18
attorney’s fees or the costs of an investigation, or both.97-19
Sec. 163. NRS 632.090 is hereby amended to read as follows: 632.090 1. Except as otherwise provided in subsection 3, all money97-21
received by the board under the provisions of this chapter must be paid to97-22
the executive director of the board, who shall deposit the money in banks ,97-23
credit unions or savings and loan associations in the State of Nevada. The97-24
money may be drawn on by the board for payment of all expenses incurred97-25
in the administration of the provisions of this chapter.97-26
2. The board may delegate to a hearing officer or panel its authority to97-27
take any disciplinary action pursuant to this chapter, impose and collect97-28
fines and penalties therefor and deposit the money therefrom in banks ,97-29
credit unions or savings and loan associations in this state.97-30
3. If a hearing officer or panel is not authorized to take disciplinary97-31
action pursuant to subsection 2 and the board deposits the money collected97-32
from the imposition of fines with the state treasurer for credit to the state97-33
general fund, it may present a claim to the state board of examiners for97-34
recommendation to the interim finance committee if money is needed to pay97-35
attorney’s fees or the costs of an investigation, or both.97-36
Sec. 164. NRS 633.261 is hereby amended to read as follows: 633.261 1. All reasonable expenses incurred by the board in carrying97-38
out the provisions of this chapter shall be paid from the fees which it97-39
receives, and no part of the salaries or expenses of the board may be paid97-40
out of the general fund of the state treasury.97-41
2. All money received by the board shall be deposited in banks , credit97-42
unions or savings and loan associations in this state and shall be paid out on97-43
its order for its expenses.98-1
Sec. 165. NRS 634.050 is hereby amended to read as follows: 634.050 1. Except as otherwise provided in subsection 3, all money98-3
collected by the board must be deposited in banks , credit unions or savings98-4
and loan associations in the State of Nevada, and must be used by the board98-5
to defray its legitimate expenses.98-6
2. The board may delegate to a hearing officer or panel its authority to98-7
take any disciplinary action pursuant to this chapter, impose and collect98-8
fines therefor and deposit the money therefrom in banks , credit unions or98-9
savings and loan associations in this state.98-10
3. If a hearing officer or panel is not authorized to take disciplinary98-11
action pursuant to subsection 2 and the board deposits the money collected98-12
from the imposition of fines with the state treasurer for credit to the state98-13
general fund, it may present a claim to the state board of examiners for98-14
recommendation to the interim finance committee if money is needed to pay98-15
attorney’s fees or the costs of an investigation, or both.98-16
Sec. 166. NRS 635.040 is hereby amended to read as follows: 635.040 1. All fees provided for in this chapter must be paid to the98-18
treasurer of the board, who shall deposit the fees in banks , credit unions or98-19
savings and loan associations in this state. All of the salaries and expenses98-20
for the operation of the board must be paid from the fees.98-21
2. The board shall deposit the money collected from the imposition of98-22
civil penalties with the state treasurer for credit to the state general fund,98-23
and may present a claim to the state board of examiners for recommendation98-24
to the interim finance committee if money is needed to pay attorneys’ fees98-25
or the costs of an investigation, or both.98-26
Sec. 167. NRS 636.110 is hereby amended to read as follows: 636.110 1. Except as otherwise provided in subsection 3, all money98-28
coming into possession of the board must be deposited by the executive98-29
director in a special fund to be expended for payment of compensation and98-30
expenses of members of the board and for other necessary or proper98-31
purposes in the administration of this chapter. The executive director shall98-32
deposit the money in banks , credit unions or savings and loan associations98-33
in this state.98-34
2. The board may delegate to a hearing officer or panel its authority to98-35
take any disciplinary action pursuant to this chapter, impose and collect98-36
administrative fines and penalties therefor and forward the money therefrom98-37
to the executive director for deposit in banks , credit unions or savings and98-38
loan associations in this state.98-39
3. If a hearing officer or panel is not authorized to take disciplinary98-40
action pursuant to subsection 2 and the board deposits the money collected98-41
from the imposition of administrative fines and penalties with the state98-42
treasurer for credit to the state general fund, it may present a claim to the98-43
state board of examiners for recommendation to the interim finance99-1
committee if money is needed to pay attorney’s fees or the costs of an99-2
investigation, or both.99-3
Sec. 168. NRS 637.060 is hereby amended to read as follows: 637.060 1. Except as otherwise provided in subsection 3, all money99-5
received by the board under the provisions of this chapter must be deposited99-6
in banks , credit unions or savings and loan associations in the State of99-7
Nevada. The money may be drawn on by the board for payment of all99-8
expenses incurred in the administration of the provisions of this chapter.99-9
2. The board may delegate to a hearing officer or panel its authority to99-10
take any disciplinary action pursuant to this chapter, impose and collect99-11
administrative fines therefor and deposit the money therefrom in banks ,99-12
credit unions or savings and loan associations in this state.99-13
3. If a hearing officer or panel is not authorized to take disciplinary99-14
action pursuant to subsection 2 and the board deposits the money collected99-15
from the imposition of administrative fines with the state treasurer for credit99-16
to the state general fund, it may present a claim to the state board of99-17
examiners for recommendation to the interim finance committee if money is99-18
needed to pay attorney’s fees or the costs of an investigation, or both.99-19
Sec. 169. NRS 637A.080 is hereby amended to read as follows: 637A.080 1. All fees provided for in this chapter must be paid to the99-21
board.99-22
2. Except as otherwise provided in subsection 4, all money coming into99-23
the possession of the board must be kept or deposited by the secretary in99-24
banks, credit unions, savings and loan associations or other financial99-25
institutions in this state to be expended for the payment of the salaries and99-26
expenses of the members and employees of the board and for other99-27
necessary or proper purposes in the administration of this chapter.99-28
3. The board may delegate to a hearing officer or panel its authority to99-29
take any disciplinary action pursuant to this chapter, impose and collect99-30
penalties therefor and deposit the money therefrom in banks, credit unions,99-31
savings and loan associations or other financial institutions in this state.99-32
4. If a hearing officer or panel is not authorized to take disciplinary99-33
action pursuant to subsection 3 and the board deposits the money collected99-34
from the imposition of penalties with the state treasurer for credit to the99-35
state general fund, it may present a claim to the state board of examiners for99-36
recommendation to the interim finance committee if money is needed to pay99-37
attorney’s fees or the costs of an investigation, or both.99-38
Sec. 170. NRS 637B.240 is hereby amended to read as follows: 637B.240 1. All fees collected under the provisions of this chapter99-40
must be paid to the secretary-treasurer of the board to be used99-41
99-42
secretary-treasurer shall deposit the fees in qualified banks , credit unions99-43
or savings and loan associations in this state.100-1
2. The board may delegate to a hearing officer or panel its authority to100-2
take any disciplinary action pursuant to this chapter, impose and collect civil100-3
penalties therefor and deposit the money therefrom in banks , credit unions100-4
or savings and loan associations in this state.100-5
3. If a hearing officer or panel is not authorized to take disciplinary100-6
action pursuant to subsection 2 and the board deposits the money collected100-7
from the imposition of civil penalties with the state treasurer for credit to the100-8
state general fund, it may present a claim to the state board of examiners for100-9
recommendation to the interim finance committee if money is needed to pay100-10
attorney’s fees or the costs of an investigation, or both.100-11
Sec. 171. NRS 638.1473 is hereby amended to read as follows: 638.1473 1. Except as otherwise provided in subsection 4, all100-13
reasonable expenses incurred by the board in carrying out the provisions of100-14
this chapter must be paid from the money which it receives. No part of the100-15
salaries or expenses of the board may be paid out of the state general fund.100-16
2. Except as otherwise provided in this section, all money collected by100-17
the board from the imposition of fines must be deposited with the state100-18
treasurer for credit to the state general fund. All other money received by100-19
the board must be deposited in qualified banks , credit unions or savings100-20
and loan associations in this state and paid out on its order for its expenses.100-21
3. The board may delegate to a hearing officer or panel its authority to100-22
take any disciplinary action pursuant to this chapter, impose and collect100-23
fines therefor and deposit the money therefrom in banks , credit unions or100-24
savings and loan associations in this state.100-25
4. If a hearing officer or panel is not authorized to take disciplinary100-26
action pursuant to subsection 3 and the board deposits the money collected100-27
from the imposition of fines with the state treasurer for credit to the state100-28
general fund, it may present a claim to the state board of examiners for100-29
recommendation to the interim finance committee if money is needed to pay100-30
attorney’s fees or the costs of an investigation, or both.100-31
Sec. 172. NRS 639.081 is hereby amended to read as follows: 639.081 1. Except as otherwise provided in subsection 3, all money100-33
coming into the possession of the board must be kept or deposited by the100-34
secretary in banks , credit unions or savings and loan associations in the100-35
State of Nevada, or invested in United States treasury bills or notes, to be100-36
expended for payment of compensation and expenses of members of the100-37
board and for other necessary or proper purposes in the administration of100-38
this chapter.100-39
2. The board may delegate to a hearing officer or panel its authority to100-40
take any disciplinary action pursuant to this chapter, impose and collect100-41
fines therefor and deposit the money therefrom in banks , credit unions or100-42
savings and loan associations in this state.101-1
3. If a hearing officer or panel is not authorized to take disciplinary101-2
action pursuant to subsection 2 and the board deposits the money collected101-3
from the imposition of fines with the state treasurer for credit to the state101-4
general fund, it may present a claim to the state board of examiners for101-5
recommendation to the interim finance committee if money is needed to pay101-6
attorney’s fees or the costs of an investigation, or both.101-7
Sec. 173. NRS 640.070 is hereby amended to read as follows: 640.070 1. All fees collected under this chapter must be deposited by101-9
the board in banks , credit unions or savings and loan associations in the101-10
State of Nevada.101-11
2. All expenses incident to the operation of this chapter must be paid101-12
from the revenue derived therefrom.101-13
3. The board may delegate to a hearing officer or panel its authority to101-14
take any disciplinary action pursuant to this chapter and impose and collect101-15
administrative fines therefor. If the board so delegates its authority, the101-16
board may deposit the money from the fines in banks , credit unions or101-17
savings and loan associations in this state for the support of the board. In101-18
addition, the hearing officer or panel may assess a licensee against whom101-19
disciplinary action is taken any costs and fees incurred by the board as a101-20
result of the hearing. The money from the reimbursed costs and fees may101-21
also be deposited for use by the board.101-22
4. If a hearing officer or panel is not authorized to take disciplinary101-23
action pursuant to subsection 3, the board shall deposit the money collected101-24
from the imposition of administrative fines with the state treasurer for credit101-25
to the state general fund. The board may present a claim to the state board101-26
of examiners for recommendation to the interim finance committee if money101-27
is needed to pay attorney’s fees or the costs of an investigation, or both.101-28
Sec. 174. NRS 641.380 is hereby amended to read as follows: 641.380 All101-30
101-31
unions or savings and loan associations in the State of Nevada to be101-32
expended for payment of compensation and expenses of board members and101-33
for other necessary or proper purposes in the administration of this chapter.101-34
Sec. 175. NRS 641A.300 is hereby amended to read as follows: 641A.300 All101-36
101-37
unions or savings and loan associations in the State of Nevada to be101-38
expended for payment of compensation and expenses of board members and101-39
for other necessary or proper purposes in the administration of this chapter.101-40
Sec. 176. NRS 641B.150 is hereby amended to read as follows: 641B.150 1. Except as otherwise provided in subsection 4, all101-42
reasonable expenses incurred by the board in carrying out the provisions of102-1
this chapter must be paid from the money which it receives. No part of the102-2
salaries or expenses of the board may be paid out of the state general fund.102-3
2. All money received by the board must be deposited in qualified102-4
banks , credit unions or savings and loan associations in this state and paid102-5
out on its order for its expenses.102-6
3. The board may delegate to a hearing officer or panel its authority to102-7
take any disciplinary action pursuant to this chapter, impose and collect102-8
fines and penalties therefor and deposit the money therefrom in banks ,102-9
credit unions or savings and loan associations in this state.102-10
4. If a hearing officer or panel is not authorized to take disciplinary102-11
action pursuant to subsection 3 and the board deposits the money collected102-12
from the imposition of fines with the state treasurer for credit to the state102-13
general fund, it may present a claim to the state board of examiners for102-14
recommendation to the interim finance committee if money is needed to pay102-15
attorney’s fees or the costs of an investigation, or both.102-16
Sec. 177. NRS 642.070 is hereby amended to read as follows: 642.070 All fees collected under the provisions of this chapter shall be102-18
paid to the treasurer of the board to be used102-19
defray the necessary expenses of the board. The treasurer shall deposit the102-20
fees in banks , credit unions or savings and loan associations in the State of102-21
Nevada.102-22
Sec. 178. NRS 642.075 is hereby amended to read as follows: 642.075 1. Except as otherwise provided in subsection 4, all102-24
reasonable expenses incurred by the board in carrying out the provisions of102-25
this chapter must be paid from the money which it receives. No part of the102-26
salaries or expenses of the board may be paid out of the state general fund.102-27
2. Except as otherwise provided in this section, all money collected by102-28
the board from the imposition of fines must be deposited with the state102-29
treasurer for credit to the state general fund. All other money received by102-30
the board must be deposited in qualified banks , credit unions or savings102-31
and loan associations in this state and paid out on its order for its expenses.102-32
3. The board may delegate to a hearing officer or panel its authority to102-33
take any disciplinary action pursuant to this chapter, impose and collect102-34
fines therefor and deposit the money therefrom in banks , credit unions or102-35
savings and loan associations in this state.102-36
4. If a hearing officer or panel is not authorized to take disciplinary102-37
action pursuant to subsection 3 and the board deposits the money collected102-38
from the imposition of fines with the state treasurer for credit to the state102-39
general fund, it may present a claim to the state board of examiners for102-40
recommendation to the interim finance committee if money is needed to pay102-41
attorney’s fees or the costs of an investigation, or both.103-1
Sec. 179. NRS 643.060 is hereby amended to read as follows: 643.060 1. Except as otherwise provided in subsection 3, money103-3
received by the board under this chapter must be paid to the103-4
secretary-treasurer of the board, who shall deposit103-5
credit unions or savings and loan associations in the State of Nevada and103-6
give a receipt for it.103-7
2. The money must be expended in accordance with the provisions of103-8
this chapter for all necessary and proper expenses in carrying out the103-9
provisions of this chapter and upon proper claims approved by the board.103-10
3. The board shall deposit the money collected from the imposition of103-11
fines with the state treasurer for credit to the state general fund, and may103-12
present a claim to the state board of examiners for recommendation to the103-13
interim finance committee if money is needed to pay an attorney’s fees or103-14
the costs of an investigation, or both.103-15
Sec. 180. NRS 644.170 is hereby amended to read as follows: 644.170 1. All fees collected on behalf of the board and all receipts of103-17
every kind and nature must be reported at the beginning of each month, for103-18
the month preceding, to the board. At the same time , the entire amount of103-19
collections, except as otherwise provided in subsection 5, must be paid to103-20
the treasurer of the board, who shall deposit them in banks , credit unions103-21
or savings and loan associations in the State of Nevada.103-22
2. The receipts must be for the uses of the board and out of them must103-23
be paid all salaries and all other expenses necessarily incurred in carrying103-24
into effect the provisions of this chapter.103-25
3. All orders for payment of money must be drawn on the treasurer of103-26
the board and countersigned by the president and the secretary of the board.103-27
4. The board may delegate to a hearing officer or panel its authority to103-28
take any disciplinary action pursuant to this chapter, impose and collect103-29
fines therefor and deposit the money therefrom in banks , credit unions or103-30
savings and loan associations in this state.103-31
5. If a hearing officer or panel is not authorized to take disciplinary103-32
action pursuant to subsection 4 and the board deposits the money collected103-33
from the imposition of fines with the state treasurer for credit to the state103-34
general fund, it may present a claim to the state board of examiners for103-35
recommendation to the interim finance committee if money is needed to pay103-36
attorney’s fees or the costs of an investigation, or both.103-37
Sec. 181. NRS 645.310 is hereby amended to read as follows: 645.310 1. All deposits accepted by every real estate broker or person103-39
registered as an owner-developer pursuant to this chapter, which are103-40
retained by him pending consummation or termination of the transaction103-41
involved, must be accounted for in the full amount at the time of the103-42
consummation or termination.104-1
2. Every real estate salesman or broker-salesman who receives any104-2
money on behalf of a broker or owner-developer shall pay over the money104-3
promptly to the real estate broker or owner-developer.104-4
3. A real estate broker shall not commingle the money or other property104-5
of his client with his own.104-6
4. If a real estate broker receives money, as a broker, which belongs to104-7
others, he shall promptly deposit the money in a separate checking account104-8
located in a bank or credit union in this state which must be designated a104-9
trust account. All down payments, earnest money deposits, rents, or other104-10
money which he receives, on behalf of his client or any other person, must104-11
be deposited in the account unless all persons who have any interest in the104-12
money have agreed otherwise in writing. A real estate broker may pay to104-13
any seller or the seller’s authorized agent the whole or any portion of such104-14
special deposit. The real estate broker is personally responsible and liable104-15
for such deposit at all times. A real estate broker shall not permit any104-16
advance payment of money belonging to others to be deposited in the real104-17
estate broker’s business or personal account or to be commingled with any104-18
money he may have on deposit.104-19
5. Every real estate broker required to maintain a separate trust account104-20
shall keep records of all money deposited therein. The records must clearly104-21
indicate the date and from whom he received money, the date deposited, the104-22
dates of withdrawals, and other pertinent information concerning the104-23
transaction, and must show clearly for whose account the money is104-24
deposited and to whom the money belongs. The real estate broker shall104-25
balance each separate trust account at least monthly. The real estate broker104-26
shall provide to the division, on a form provided by the division, an annual104-27
accounting which shows an annual reconciliation of each separate trust104-28
account. All such records and money are subject to inspection and audit by104-29
the division and its authorized representatives. All such separate trust104-30
accounts must designate the real estate broker as trustee and provide for104-31
withdrawal of money without previous notice.104-32
6. Each real estate broker shall notify the division of the names of the104-33
banks and credit unions in which he maintains trust accounts and specify104-34
the names of the accounts on forms provided by the division.104-35
7. If a real estate broker who has money in a trust account dies or104-36
becomes mentally disabled, the division, upon application to the district104-37
court, may have a trustee appointed to administer and distribute the money104-38
in the account with the approval of the court. The trustee may serve without104-39
posting a bond.104-40
Sec. 182. NRS 645.606 is hereby amended to read as follows: 645.606 1. As used in NRS 645.606 to 645.609, inclusive, "qualified104-42
intermediary" has the meaning ascribed to it in 26 C.F.R. § 1.1031(k)-1(g).105-1
2. The term includes any person who advertises or holds himself out as105-2
prepared to facilitate a tax-deferred exchange of property in this state by105-3
acting as the custodian of money or other property.105-4
3. The term does not include a bank , credit union or other depository105-5
institution, an escrow company, a title insurer, an agent licensed pursuant to105-6
chapter 692A of NRS or its subsidiaries or employees.105-7
Sec. 183. NRS 645A.160 is hereby amended to read as follows: 645A.160 All money deposited in escrow to be delivered upon the105-9
close of the escrow or upon any other contingency must be kept separate105-10
from money belonging to the escrow agent or agency and must be deposited105-11
in a105-12
insured by a private insurer approved pursuant to NRS 678.755 unless105-13
another financial institution has been designated in writing in the105-14
instructions for the escrow. The money when deposited must be designated105-15
as "trust funds" or "escrow accounts" or under some other appropriate name105-16
indicating that the money is not the money of the escrow agent or agency.105-17
Sec. 184. NRS 645A.170 is hereby amended to read as follows: 645A.170 1. Money deposited in escrow is not subject to execution or105-19
attachment on any claim against the escrow agent or agency.105-20
2. An escrow agent or agency shall not knowingly keep or cause to be105-21
kept any money in any bank , credit union or other financial institution105-22
under any name designating the money as belonging to the clients of any105-23
escrow agent or agency, unless the money was actually entrusted to the105-24
agent or agency by the client for deposit in escrow.105-25
Sec. 185. NRS 645B.170 is hereby amended to read as follows: 645B.170 1. All money paid to the mortgage company for payment of105-27
taxes or insurance premiums on property which secures any loan made by105-28
the mortgage company must be deposited in a bank or credit union and kept105-29
separate, distinct and apart from money belonging to the mortgage105-30
company. Such money, when deposited, is to be designated as an "impound105-31
trust account" or under some other appropriate name indicating that the105-32
accounts are not the money of the mortgage company.105-33
2. The mortgage company has a fiduciary duty to its debtors with105-34
respect to the money in its impound trust account.105-35
3. The mortgage company shall, upon reasonable notice, account to any105-36
debtor whose property secures a loan made by the mortgage company for105-37
any money which that person has paid to the mortgage company for the105-38
payment of taxes or insurance premiums on the property in question.105-39
4. The mortgage company shall, upon reasonable notice, account to the105-40
commissioner for all money in the company’s impound trust account.105-41
5. A mortgage company shall:105-42
(a) Require contributions to an impound trust account in an amount105-43
reasonably necessary to pay the obligations as they become due.106-1
(b) Within 30 days after the completion of its annual review of an106-2
impound trust account, notify the debtor:106-3
(1) Of the amount by which the contributions exceed the amount106-4
reasonably necessary to pay the annual obligations due from the account;106-5
and106-6
(2) That he may specify the disposition of the excess money within 20106-7
days after receipt of the notice. If the debtor fails to specify such a106-8
disposition within that time, the mortgage company shall maintain the106-9
excess money in the account.106-10
This subsection does not prohibit a mortgage company from requiring106-11
additional amounts to be paid into an impound trust account to recover a106-12
deficiency that exists in the account.106-13
6. A mortgage company shall not make payments from an impound106-14
trust account in a manner that causes a policy of insurance to be canceled or106-15
causes property taxes or similar payments to become delinquent.106-16
Sec. 186. NRS 645B.180 is hereby amended to read as follows: 645B.180 1. Money in an impound trust account is not subject to106-18
execution or attachment on any claim against the mortgage company.106-19
2. It is unlawful for any mortgage company knowingly to keep or cause106-20
to be kept any money in any bank or credit union under the heading of106-21
"impound trust account" or any other name designating such money as106-22
belonging to the debtors of the mortgage company, except money paid to106-23
the mortgage company for the payment of taxes and insurance premiums on106-24
property securing loans made by the company, and money held in trust106-25
pursuant to NRS 645B.175.106-26
Sec. 187. NRS 649.345 is hereby amended to read as follows: 649.345 1. Each licensed collection agency shall file with the106-28
commissioner a written report, signed and sworn to by its manager, no later106-29
than January 31 of each year, unless the commissioner determines that there106-30
is good cause for later filing of the report. The report must include:106-31
(a) The total sum of money due to all creditors as of the close of the last106-32
business day of the preceding month.106-33
(b) The total sum on deposit in customer trust fund accounts and106-34
available for immediate distribution as of the close of the last business day106-35
of the preceding month, the title of the trust account or accounts, and the106-36
name of the106-37
(c) The total amount of creditors’ or forwarders’ share of money106-38
collected more than 60 days before the last business day of the preceding106-39
month and not remitted by that date.106-40
(d) When the total sum under paragraph (c) exceeds $10, the name of106-41
each creditor or forwarder and the respective share of each in that sum.106-42
(e) Such other information, audit or reports as the commissioner may106-43
require.107-1
2. The filing of any report required by this section which is known by107-2
the collection agency to contain false information or statements constitutes107-3
grounds for the suspension of the agency’s license or the manager’s107-4
certificate, or both.107-5
Sec. 188. NRS 649.355 is hereby amended to read as follows: 649.355 1. Every collection agency and collection agent shall openly,107-7
fairly and honestly conduct the collection agency business and shall at all107-8
times conform to the accepted business ethics and practices of the collection107-9
agency business.107-10
2. Every licensee shall at all times maintain a separate107-11
a bank or credit union in which must be deposited all money collected.107-12
Except as otherwise provided in regulations adopted by the commissioner107-13
pursuant to NRS 649.054, the account must be maintained in a bank or107-14
credit union located in this state and bear some title sufficient to distinguish107-15
it from the licensee’s personal or general checking account and to designate107-16
it as a trust account, such as "customer’s trust fund account." The trust107-17
account must at all times contain sufficient money to pay all money due or107-18
owing to all customers, and no disbursement may be made from the account107-19
except to customers or to pay costs advanced for those customers, except107-20
that a licensee may periodically withdraw from the account such money as107-21
may accrue to the licensee from collections deposited or from adjustments107-22
resulting from costs advanced and payments made directly to customers.107-23
3. Every licensee maintaining a separate custodial or trust account shall107-24
keep a record of all money deposited in the account, which must indicate107-25
clearly the date and from whom the money was received, the date deposited,107-26
the dates of withdrawals and other pertinent information concerning the107-27
transaction, and must show clearly for whose account the money is107-28
deposited and to whom the money belongs. The money must be remitted to107-29
the creditors respectively entitled thereto within 30 days following the end107-30
of the month in which payment is received. The records and money are107-31
subject to inspection by the commissioner or his authorized representative.107-32
The records must be maintained at the premises in this state at which the107-33
licensee is authorized to conduct business.107-34
4. If the commissioner finds that a licensee’s records are not maintained107-35
pursuant to subsections 2 and 3, he may require the licensee to deliver an107-36
audited financial statement prepared from his records by a certified public107-37
accountant who holds a certificate to engage in the practice of public107-38
accounting in this state. The statement must be submitted within 60 days107-39
after the commissioner requests it. The commissioner may grant a107-40
reasonable extension for the submission of the financial statement if an107-41
extension is requested before the statement is due.108-1
Sec. 189. NRS 654.120 is hereby amended to read as follows: 654.120 1. The secretary of the board shall receive and account for all108-3
money paid to the board pursuant to this chapter. The secretary of the board108-4
shall deposit the money in banks , credit unions or savings and loan108-5
associations in the State of Nevada.108-6
2. Except as otherwise provided in subsection 5, all money received by108-7
the board pursuant to this chapter must be used to:108-8
(a) Pay the per diem and travel expenses of the members of the board.108-9
(b) Pay the salaries and per diem and travel expenses of the employees of108-10
the board.108-11
(c) Administer the provisions of this chapter.108-12
3. Any money which remains at the end of the fiscal year must be108-13
retained by the board for future disbursement for the purposes enumerated108-14
in subsection 2.108-15
4. The board may delegate to a hearing officer or panel its authority to108-16
take any disciplinary action pursuant to this chapter, impose and collect108-17
fines and penalties therefor and deposit the money therefrom in banks ,108-18
credit unions or savings and loan associations in this state.108-19
5. If a hearing officer or panel is not authorized to take disciplinary108-20
action pursuant to subsection 4 and the board deposits the money collected108-21
from the imposition of fines with the state treasurer for credit to the state108-22
general fund, it may present a claim to the state board of examiners for108-23
recommendation to the interim finance committee if money is needed to pay108-24
attorney’s fees or the costs of an investigation, or both.108-25
Sec. 190. NRS 656.230 is hereby amended to read as follows: 656.230 All108-27
108-28
banks , credit unions or savings and loan institutions in the State of Nevada108-29
to be expended for payment of compensation and expenses of board108-30
members and for other necessary or proper purposes in the administration of108-31
this chapter.108-32
Sec. 191. NRS 663.025 is hereby amended to read as follows: 663.025 Whenever any deposit is made in any bank or credit union108-34
doing business within this state by any person in trust for another, and no108-35
other or further notice of the existence and terms of a legal and valid trust108-36
has been given in writing to the bank108-37
the trustee the deposit or any part thereof, together with the dividends or108-38
interest thereon, may be paid to the person for whom the deposit was made.108-39
Sec. 192. NRS 663.045 is hereby amended to read as follows: 663.045 Notwithstanding any provision of law of this state or of any108-41
political subdivision thereof requiring security for deposits in the form of108-42
collateral108-43
shall not be required to the extent such deposits are insured under the109-1
provisions of the Federal Deposit Insurance Act, as now or hereafter109-2
amended109-3
Fund or by a private insurer approved pursuant to NRS 678.755.109-4
Sec. 193. NRS 663.055 is hereby amended to read as follows: 663.055 Any bank or credit union or officer of any bank or credit109-6
union whose authority to transact a banking business has been revoked as109-7
provided in this Title109-8
whatever nature after such revocation, shall be subject to the same penalty109-9
as provided in this Title or Title 56 of NRS for those who transact a banking109-10
business without authority.109-11
Sec. 194. NRS 663.065 is hereby amended to read as follows: 663.065 1. When any deposit is made in a bank or credit union by a109-13
minor, the bank or credit union may pay to such depositor such sums as109-14
may be due him, and the receipt of such minor to such bank or credit union109-15
is valid.109-16
2. A bank or credit union may operate a deposit account in the name of109-17
a minor or in the name of two or more persons one or more of whom are109-18
minors with the same effect upon its liability as if such minors were of full109-19
age.109-20
3. A bank or credit union may lease a safe-deposit box to, and in109-21
connection therewith deal with, a minor with the same effect as if leasing to109-22
and dealing with a person of full legal capacity.109-23
4. An institution may rent a safe-deposit box or other receptacle for safe109-24
deposit of property to, and receive property for safe deposit from, a married109-25
minor and spouse, whether adult or minor, jointly.109-26
5. This section does not affect the law governing transactions with109-27
minors in cases outside the scope of this section.109-28
Sec. 195. NRS 663.075 is hereby amended to read as follows: 663.075 1. A bank or credit union may arrange for the collection of109-30
savings from school children by the principal of the school, by the teachers,109-31
or by collectors pursuant to regulations issued by the commissioner and109-32
approved, in the case of public schools, by the board of trustees of the109-33
school district in which the school is situated. The principal, teacher or109-34
person authorized by the bank or credit union to make collections from the109-35
school children must be the agent of the bank or credit union to make109-36
collections from the school children, and the bank or credit union is liable109-37
to the pupil for all deposits made with such principal, teacher or other109-38
authorized person to the same extent as if the deposits were made directly109-39
with the bank109-40
2. The acceptance of deposits in furtherance of a school thrift or savings109-41
plan by an officer, employee or agent of a bank or credit union at any109-42
school is not the establishment or operation of a branch facility.110-1
Sec. 196. NRS 666A.250 is hereby amended to read as follows: 666A.250 1. Each foreign bank which is licensed to establish and110-3
maintain a state branch or agency shall hold in this state currency, bonds,110-4
notes, debentures, drafts, bills of exchange or other evidence of110-5
indebtedness, including loan participation agreements or certificates, or110-6
other obligations payable in the United States or in United States money or,110-7
with the prior approval of the commissioner, in money freely convertible110-8
into United States money, or such other assets as the commissioner by110-9
regulation permits, in an amount which bears such relationship as the110-10
commissioner prescribes to liabilities of the foreign bank payable at or110-11
through its state branch or agency, including acceptances, but excluding110-12
amounts due and other liabilities to other offices, agencies or branches of,110-13
and wholly owned, except for a nominal number of directors’ shares,110-14
subsidiaries of, the foreign bank and such other liabilities as the110-15
commissioner determines.110-16
2. For the purposes of this section, the commissioner shall value110-17
marketable securities at principal amount or market value, whichever is110-18
lower, may determine the value of any nonmarketable bond, note,110-19
debenture, draft, bill of exchange, other evidence of indebtedness, including110-20
agreements for or certificates of participation in loans, or of any other asset110-21
or obligation held or owed to the foreign bank or its state branch or agency110-22
in this state, and in determining the amount of assets for the purpose of110-23
computing the ratio of assets to liabilities, may by regulation exclude in110-24
whole or in part any particular asset.110-25
3. If, by reason of the existence or the potential occurrence of unusual110-26
and extraordinary circumstances, the commissioner deems it necessary or110-27
desirable for the maintenance of a sound financial condition, the protection110-28
of depositors, creditors and the public interest, and to maintain public110-29
confidence in the business of a state branch or agency, he may, subject to110-30
such terms and conditions as he may prescribe, require a foreign bank to110-31
deposit the assets required to be held in this state pursuant to this section110-32
with such Nevada banks or credit unions as he may designate.110-33
4. The assets held to satisfy the relationship of assets to liabilities110-34
prescribed by the commissioner pursuant to this section may include110-35
obligations of any person for money borrowed from a foreign bank holding110-36
a license to establish and maintain a state branch or agency only to the110-37
extent that the total of such obligations of any person are not more than 10110-38
percent of the assets considered for purposes of this section.110-39
Sec. 197. NRS 669.220 is hereby amended to read as follows: 669.220 1. Every trust company:110-41
(a) Shall keep all trust funds and investments separate from the assets of110-42
the company, and all investments made by the company as a fiduciary must111-1
be designated so that the trust or estate to which the investments belong may111-2
be clearly identified.111-3
(b) Holding trust funds awaiting investment or distribution may deposit111-4
or leave those funds on deposit with a state or national bank111-5
union. The funds must not be deposited or left with the same corporation111-6
depositing them or leaving them on deposit, or with a corporation or111-7
association holding or owning a majority of the stock of the trust company111-8
making or leaving the deposit, unless that corporation or association first111-9
pledges, as security for the deposit, securities eligible for investment by111-10
state banks or credit unions which have a market value equal to that of the111-11
deposited funds. No security is required with respect to any portion of the111-12
deposits that is insured under the provisions of111-13
of the United States.111-14
(c) Acting in any capacity under a court trust or private trust, unless the111-15
instrument creating the trust provides otherwise, may cause any securities111-16
held by it in its representative capacity to be registered in the name of a111-17
nominee or nominees of the company.111-18
(d) When acting as depositary or custodian for the personal111-19
representative of a court trust or private trust, unless the instrument creating111-20
the trust provides otherwise, may with the consent of the personal111-21
representative of the trust, cause any securities held by it to be registered in111-22
the name of a nominee or nominees of the company.111-23
2. Every trust company is liable for any loss occasioned by the acts of111-24
its nominees with respect to securities registered under this section.111-25
3. No corporation or the registrar or transfer agent of the corporation is111-26
liable for registering or causing to be registered on the books of the111-27
corporation any securities in the name of any nominee of a trust company or111-28
for transferring or causing to be transferred on the books of the corporation111-29
any securities registered by the corporation in the name of any nominee of a111-30
trust company when the transfer is made on the authorization of the111-31
nominee.111-32
4. Except as otherwise provided in subsection 5, a trust company’s111-33
investments must:111-34
(a) Be governmental obligations or insured deposits.111-35
(b) Mature within 3 years after acquisition.111-36
The aggregate market value of all investments must equal or exceed 60111-37
percent of the company’s current stockholders’ equity or 60 percent of the111-38
company’s initial stockholders’ equity, whichever is greater.111-39
5. A trust company may purchase or rent land and equipment for use in111-40
the daily activities of the company.111-41
Sec. 198. NRS 670.040 is hereby amended to read as follows: 670.040 "Financial institution" means any banking corporation , credit111-43
union or trust company, savings and loan association, insurance company or112-1
related corporation, partnership, foundation or other institution engaged112-2
primarily in lending or investing112-3
Sec. 199. NRS 670A.040 is hereby amended to read as follows: 670A.040 "Financial institution" means any banking corporation ,112-5
credit union or trust company, savings and loan association, insurance112-6
company or related corporation, partnership, foundation or other institution112-7
engaged primarily in lending or investing money.112-8
Sec. 200. NRS 671.110 is hereby amended to read as follows: 671.110 1. In lieu of any surety bond, or any portion of the principal112-10
sum thereof as required by this chapter, a licensee may deposit with the state112-11
treasurer or with any bank , credit union or trust company authorized to do112-12
business in this state as the licensee may select, with the approval of the112-13
commissioner:112-14
(a) Interest-bearing stocks;112-15
(b) Bills, bonds, notes, debentures or other obligations of the United112-16
States or any agency or instrumentality thereof, or guaranteed by the United112-17
States; or112-18
(c) Any obligation of this state or any city, county, town, township,112-19
school district or other instrumentality of this state or guaranteed by this112-20
state,112-21
in an aggregate amount of, based upon principal amount or market value,112-22
whichever is lower, of not less than the amount of the required surety bond112-23
or portion thereof.112-24
2. The securities must be held to secure the same obligation as would112-25
the surety bond, but the depositor may receive any interest or dividends and,112-26
with the approval of the commissioner, substitute other suitable securities112-27
for those deposited.112-28
Sec. 201. NRS 671.150 is hereby amended to read as follows: 671.150 1. All money or credits received by an agent of a licensee112-30
from the sale and issuance of checks or for the purpose of transmission must112-31
be remitted to the licensee or deposited with a bank or credit union112-32
authorized to do business in this state for credit to an account of the licensee112-33
not later than the third business day following its receipt.112-34
2. Money received from the sale or issuance of checks or for the112-35
purpose of transmission must not be commingled with the other assets of the112-36
licensee or his agents.112-37
3. If a license is suspended or terminated, the licensee shall immediately112-38
deposit in an account in the name of the commissioner, an amount which is112-39
sufficient to make the total money in the account equal to all outstanding112-40
checks in the State of Nevada sold or issued and money or credits received112-41
but not transmitted.112-42
4. Each licensee shall at all times maintain liquid assets, government or112-43
municipal securities or other marketable securities having a value, computed113-1
in accordance with generally accepted accounting principles, equal to or113-2
more than the aggregate liability of the licensee with respect to checks sold113-3
and issued and money or credits received for transmission.113-4
Sec. 202. NRS 681A.460 is hereby amended to read as follows: 681A.460 1. A transaction between a broker for reinsurance and the113-6
insurer he represents may only be entered into by written agreement. The113-7
agreement must specify the responsibilities of each party.113-8
2. The insurer may terminate the authority of the broker for reinsurance113-9
at any time.113-10
3. The broker for reinsurance shall:113-11
(a) Render accounts to the insurer accurately detailing all material113-12
transactions, including information necessary to support all commissions,113-13
charges and other fees received by or owing to the broker for reinsurance;113-14
and113-15
(b) Remit all money due to the insurer within 30 days after receipt.113-16
4. All money collected for the account of the insurer must be held by113-17
the broker for reinsurance in a fiduciary capacity in a bank or credit union113-18
which is a qualified financial institution.113-19
5. The broker for reinsurance shall comply with the written standards113-20
established by the insurer for the cession or retrocession of all risks.113-21
6. The broker for reinsurance shall disclose to the insurer any113-22
relationship with any reinsurer to which insurance will be ceded or113-23
retroceded.113-24
Sec. 203. NRS 681A.490 is hereby amended to read as follows: 681A.490 1. Transactions between a manager for reinsurance and the113-26
reinsurer he represents must only be entered into pursuant to a written113-27
contract which specifies the responsibilities of each party and is approved113-28
by the board of directors of the reinsurer. At least 30 days before a reinsurer113-29
assumes or cedes insurance, a copy of the contract must be filed with the113-30
commissioner for approval.113-31
2. The reinsurer may terminate the contract for cause upon written113-32
notice to the manager for reinsurance and the reinsurer may suspend the113-33
authority of the manager for reinsurance to assume or cede insurance during113-34
the pendency of any dispute regarding the cause for termination.113-35
3. The manager for reinsurance shall:113-36
(a) Render accounts to the reinsurer accurately detailing all material113-37
transactions, including information necessary to support all commissions,113-38
charges and other fees received by or owing to him; and113-39
(b) Remit all money due pursuant to the contract to the reinsurer113-40
monthly.113-41
4. All money collected for the account of the reinsurer must be held by113-42
the manager for reinsurance, in a fiduciary capacity, in a bank or credit113-43
union which is a qualified financial institution. The manager for reinsurance114-1
may retain no more than the total of 3 months’ estimated payments on114-2
claims and allocated expenses of adjusting losses. The manager for114-3
reinsurance shall maintain a separate114-4
union for each reinsurer that he represents.114-5
5. The contract must not be assigned in whole or in part by the manager114-6
for reinsurance.114-7
Sec. 204. NRS 681B.010 is hereby amended to read as follows: 681B.010 In any determination of the financial condition of an insurer,114-9
there must be allowed as assets only such assets as are owned by the insurer114-10
and which consist of:114-11
1. Cash in the possession of the insurer, or in transit under its control,114-12
and including the true balance of any deposit in a solvent bank , credit114-13
union or trust company.114-14
2. Investments, securities, properties and loans acquired or held in114-15
accordance with this code, and in connection therewith the following items:114-16
(a) Interest due or accrued on any bond or evidence of indebtedness114-17
which is not in default and which is not valued on a basis including accrued114-18
interest.114-19
(b) Declared and unpaid dividends on stock and shares, unless such114-20
amount has otherwise been allowed as an asset.114-21
(c) Interest due or accrued upon a collateral loan in an amount not to114-22
exceed 1 year’s interest thereon.114-23
(d) Interest due or accrued on deposits in solvent banks , credit unions114-24
and trust companies, and interest due or accrued on other assets, if such114-25
interest is, in the judgment of the commissioner, a collectible asset.114-26
(e) Interest due or accrued on a mortgage loan, in an amount not114-27
exceeding in any event the amount, if any, of the excess of the value of the114-28
property less delinquent taxes thereon over the unpaid principal; but in no114-29
event may interest accrued for a period in excess of 18 months be allowed114-30
as an asset.114-31
(f) Rent due or accrued on real property if such rent is not in arrears for114-32
more than 3 months, and rent more than 3 months in arrears if the payment114-33
of such rent is adequately secured by property held in the name of the tenant114-34
and conveyed to the insurer as collateral.114-35
(g) The unaccrued portion of taxes paid before the due date on real114-36
property.114-37
3. Premium notes, policy loans and other policy assets and liens on114-38
policies and certificates of life insurance and annuity contracts and accrued114-39
interest thereon, in an amount not exceeding the legal reserve and other114-40
policy liabilities carried on each individual policy.114-41
4. The net amount of uncollected and deferred premiums and annuity114-42
considerations in the case of a life insurer.115-1
5. Premiums in the course of collection, other than for life insurance,115-2
not more than 3 months past due, less commissions payable thereon. The115-3
foregoing limitation does not apply to premiums payable directly or115-4
indirectly by the United States Government or by any of its115-5
instrumentalities.115-6
6. Installment premiums other than life insurance premiums to the115-7
extent of the unearned premium reserve carried on the policy to which115-8
premiums apply.115-9
7. Notes and like written obligations not past due, taken for premiums115-10
other than life insurance premiums, on policies permitted to be issued on115-11
such basis, to the extent of the unearned premium reserves carried thereon.115-12
8. The full amount of reinsurance recoverable by a ceding insurer from115-13
a solvent reinsurer, which reinsurance is authorized under NRS 681A.110.115-14
9. Amounts receivable by an assuming insurer representing115-15
money withheld by a solvent ceding insurer under a reinsurance treaty.115-16
10. Deposits or equities recoverable from underwriting associations,115-17
syndicates and reinsurance funds, or from any suspended115-18
financial institution, to the extent deemed by the commissioner available115-19
for the payment of losses and claims and at values to be determined by him.115-20
11. All such assets, whether or not consistent with the provisions of this115-21
section, as may be allowed pursuant to the annual statement form approved115-22
by the commissioner for the kinds of insurance to be reported upon therein.115-23
12. As to a title insurer, its title plant and equipment reasonably115-24
necessary for the conduct of its abstract or title insurance business, at not to115-25
exceed the cost thereof.115-26
13. Electronic and mechanical machines and related equipment115-27
constituting a data processing, recordkeeping or accounting system or115-28
systems if the cost of each such system is at least $25,000, which cost must115-29
be amortized in full over a period not to exceed 10 years. The aggregate115-30
amount invested in all such systems must not exceed 5 percent of the115-31
insurer’s assets.115-32
14. Other assets, not inconsistent with the provisions of this section,115-33
deemed by the commissioner to be available for the payment of losses and115-34
claims at values to be determined by him.115-35
Sec. 205. NRS 682A.190 is hereby amended to read as follows: 682A.190 An insurer may invest in share or savings accounts of credit115-37
unions or savings and loan associations, or in savings accounts of banks,115-38
and in any one such institution only to the extent that the investment is115-39
insured by the Federal Deposit Insurance Corporation115-40
Credit Union Share Insurance Fund or a private insurer approved115-41
pursuant to NRS 678.755.116-1
Sec. 206. NRS 682B.050 is hereby amended to read as follows: 682B.050 1. In lieu of a deposit made as provided in NRS 682B.040,116-3
the commissioner in his discretion may, upon written request of the insurer116-4
and where of greater convenience to the insurer, permit such deposit to be116-5
made with and held by the trust department of an established bank or credit116-6
union located in Nevada if both the bank or credit union and the custodial116-7
arrangements are approved by the commissioner .116-8
116-9
2. All such custodial arrangements shall comply in substance with the116-10
requirements of this code as to like deposits through the commissioner, as to116-11
amount, purposes, maintenance, replenishment, release and withdrawal, and116-12
as to the rights of the insurer therein.116-13
3. The cost of any such custodianship shall be borne by the insurer. The116-14
State of Nevada shall have no responsibility for the safekeeping of any such116-15
deposit.116-16
4. The commissioner may at any time, in his discretion, terminate any116-17
such custodial arrangement and require the deposit represented thereby to116-18
be made as otherwise provided for under NRS 682B.010 to 682B.120,116-19
inclusive.116-20
Sec. 207. NRS 682B.130 is hereby amended to read as follows: 682B.130 1. An alien insurer may use Nevada as a state of entry to116-22
transact insurance in the United States of America by making and116-23
maintaining in this state a deposit of assets in trust with a bank , credit116-24
union or trust company approved by the commissioner.116-25
2. The deposit, together with other trust deposits of the insurer held in116-26
the United States of America for the same purpose,116-27
amount not less than as required of an alien insurer under NRS 680A.140 ,116-28
116-29
States116-30
or political subdivisions of the United States of America, and obligations of116-31
corporations and institutions in the United States of America, all as eligible116-32
for the investment of116-33
682A.060, 682A.070 and 682A.080.116-34
3. Such a deposit may be referred to as "trusteed assets."116-35
Sec. 208. NRS 683A.0877 is hereby amended to read as follows: 683A.0877 1. All insurance charges and premiums collected by an116-37
administrator on behalf of an insurer and return premiums received from an116-38
insurer are held by the administrator in a fiduciary capacity.116-39
2. Money shall be remitted within 15 days to the person or persons116-40
entitled to it, or shall be deposited within 15 days in a fiduciary116-41
account established and maintained by the administrator within the state116-42
in a bank or credit union.117-1
3. If charges or premiums deposited in an account have been collected117-2
on behalf of more than one insurer, the administrator shall cause the bank or117-3
credit union in which the account is maintained to record clearly the117-4
deposits and withdrawals from the account on behalf of each insurer.117-5
4. The administrator shall promptly obtain and keep copies of all117-6
account records and shall furnish any insurer with copies of the records117-7
which pertain to him upon demand of the insurer.117-8
5. The administrator may not pay any claim by withdrawing money117-9
from his fiduciary account.117-10
6. Withdrawals shall be made as provided in the agreement between the117-11
insurer and the administrator for:117-12
(a) Remittance to the insurer.117-13
(b) Deposit in an account maintained in the name of the insurer.117-14
(c) Transfer to and deposit in an account for the payment of claims.117-15
(d) Payment to a group policyholder for remittance to the insurer entitled117-16
to the money.117-17
(e) Payment to the administrator of his commission, fees or charges.117-18
(f) Remittance of return premiums to persons entitled to them.117-19
Sec. 209. NRS 683A.400 is hereby amended to read as follows: 683A.400 1. All117-21
any way licensed or acting as an insurance agent, broker, solicitor, surplus117-22
lines broker, motor club agent or bail agent under any insurance policy or117-23
undertaking of bail, are received and held by117-24
fiduciary capacity. Any such person who diverts or appropriates such117-25
fiduciary117-26
2. Each such person who does not make immediate remittance of117-27
117-28
and follow with respect to117-29
particular insurer or person either of the following methods:117-30
(a) Remit received premiums, less applicable commissions, if any, and117-31
return premiums to the insurer or other person entitled thereto within 15117-32
days after117-33
(b) Establish and maintain in a commercial bank , credit union or other117-34
established financial institution depositary in this state one or more117-35
accounts, separate from accounts holding his general personal, firm or117-36
corporate117-37
accounts pending transmittal to the insurer or other person entitled thereto,117-38
all such premiums, net of applicable commissions, if any, and return117-39
premiums.117-40
deposited and held in the same such account if the amount so held for each117-41
117-42
The depositor may commingle with such fiduciary117-43
particular account such additional118-1
advance premiums, establish reserves for the payment of return118-2
commissions, or for other contingencies arising in his business of receiving118-3
and transmitting premiums or return premiums.118-4
3. Such a person may commingle with his own118-5
unlimited amount118-6
writing in advance has specifically waived the segregation requirements of118-7
subsection 2.118-8
4. Any commingling of118-9
such person permitted under this section does not alter the fiduciary118-10
capacity of such person with respect to the118-11
Sec. 210. NRS 689.145 is hereby amended to read as follows: 689.145 "Trustee" means118-13
1. A state or national bank118-14
2. A trust company118-15
3. A federally insured savings and loan association118-16
4. A credit union insured by the National Credit Union Share118-17
Insurance Fund or by a private insurer approved pursuant to NRS118-18
678.755,118-19
authorized to transact such business in the State of Nevada and designated118-20
as the trustee of the trust fund in a prepaid contract.118-21
Sec. 211. NRS 689.325 is hereby amended to read as follows: 689.325 1. Not more than 75 percent of the earnings of such118-23
investments, including capital gains, as they accrue and are received, may118-24
be disbursed by the trustee to the seller or his designee. The remainder of118-25
any earnings must be held by the trustee to establish a reserve for securities118-26
valuation until the reserve equals 25 percent of the total trust liabilities.118-27
2. The trustee shall maintain in the trust fund an amount of money equal118-28
to 125 percent of the total trust liabilities.118-29
3. If money in the trust fund is invested or reinvested in:118-30
(a) Securities which are issued or guaranteed by the United States of118-31
America;118-32
(b) Bonds of this state or the bonds of any other state;118-33
(c) Bonds of counties or municipalities of any state;118-34
(d)118-35
union or savings and loan association118-36
insured by a private insurer approved pursuant to NRS 678.755; or118-37
(e) With the written approval of the commissioner, any investment which118-38
would have guaranteed liquidity,118-39
then no earnings of those investments, including capital gains, if any, as118-40
such earnings accrue and are received, may be disbursed by the trustee to118-41
the seller or his designee which would reduce the corpus of the trust fund118-42
below 100 percent of the required value of the trust. Earnings in excess of119-1
100 percent of the required value of the trust or 125 percent of the total trust119-2
liability, whichever is appropriate, may be distributed annually.119-3
4. Earnings are defined as any sum remaining in the trust fund after119-4
deducting costs of administration over and above 100 percent of the119-5
required value of the trust.119-6
5. Every trustee handling money in a trust fund pursuant to NRS119-7
689.150 to 689.375, inclusive, shall file with the commissioner, within 15119-8
days after the first day of each calendar quarter, a financial statement119-9
showing the activity of all trusts required to be maintained by any seller and119-10
the total market value of each trust as of the first day of the calendar quarter.119-11
The statement must be on forms prescribed and adopted by the119-12
commissioner. Every quarterly report must be accompanied by a fee of $10.119-13
If the statement is not received by the commissioner as required, he may,119-14
after giving the seller 10 days’ written notice, revoke the seller’s certificate119-15
of authority.119-16
6. The trust must be valued quarterly and averaged annually to119-17
determine the total value of the trust. If the average market value as of119-18
December 31 of each year is below 100 percent of the required value of the119-19
trust or 125 percent of the total trust liability, the commissioner may119-20
suspend the seller’s certificate of authority until the deficiency is made up.119-21
Sec. 212. NRS 689.565 is hereby amended to read as follows: 689.565 1. Not more than 60 percent of the earnings of such119-23
investments, including capital gains, as they accrue and are received, may119-24
be disbursed by the trustee to the seller or his designee. The remainder of119-25
any earnings must be held by the trustee to establish a reserve for securities119-26
valuation until the reserve equals 40 percent of the total trust liabilities.119-27
2. The trustee shall maintain in the trust fund an amount of money equal119-28
to 125 percent of the total trust liabilities.119-29
3. If money in the trust fund is invested or reinvested in:119-30
(a) Securities which are issued or guaranteed by the United States of119-31
America;119-32
(b) Bonds of this state or the bonds of any other state;119-33
(c) Bonds of counties or municipalities of any state;119-34
(d)119-35
union or savings and loan association119-36
insured by a private insurer approved pursuant to NRS 678.755; or119-37
(e) With the written approval of the commissioner, any investment which119-38
has guaranteed liquidity,119-39
then no earnings of those investments, including capital gains, if any, as119-40
such earnings accrue and are received, may be disbursed by the trustee to119-41
the seller or his designee which would reduce the corpus of the trust fund119-42
below 100 percent of the required value of the trust. Earnings in excess of120-1
100 percent of the required value of the trust or 125 percent of the total trust120-2
liability, whichever is appropriate, may be distributed annually.120-3
4. Earnings are defined as any sum remaining in the trust fund after120-4
deducting costs of administration over and above 100 percent of the120-5
required value of the trust.120-6
5. Every trustee handling money in a trust fund pursuant to NRS120-7
689.450 to 689.595, inclusive, shall file with the commissioner, within 15120-8
days after the first day of each calendar quarter, a financial statement120-9
showing the activity of all trusts required to be maintained by any seller and120-10
the total market value of each trust as of the first day of the calendar quarter.120-11
The statement for the fourth quarter must be a summary of all transactions120-12
involving the account. The statement must be on forms prescribed and120-13
adopted by the commissioner. Every quarterly report must be accompanied120-14
by a fee of $10. If the statement is not received by the commissioner as120-15
required, he may, after giving the seller 10 days’ written notice, revoke the120-16
seller’s permit.120-17
6. The trust must be valued quarterly and averaged annually to120-18
determine the total value of the trust. If the average market value of the trust120-19
as of December 31 of each year is below 100 percent of the required value120-20
of the trust or 125 percent of the total trust liability, the commissioner may120-21
suspend the seller’s permit until the deficiency is made up.120-22
Sec. 213. NRS 692A.250 is hereby amended to read as follows: 692A.250 1. Money deposited in escrow is not subject to execution or120-24
attachment on any claim against the title insurer, title agent or escrow120-25
officer.120-26
2. A title insurer, title agent or escrow officer shall not knowingly keep120-27
or cause to be kept any money in any bank , credit union or other financial120-28
institution under any name designating the money as belonging to his clients120-29
or those of another such person unless the money was actually entrusted to120-30
him for deposit in escrow.120-31
3. All money deposited in escrow to be delivered upon the close of the120-32
escrow or upon any other contingency must be kept separate from money120-33
belonging to the title insurer, title agent or escrow officer and must be120-34
deposited in a120-35
insured or insured by a private insurer approved pursuant to NRS120-36
678.755 unless another financial institution has been designated in writing120-37
in the instructions for the escrow. The money when deposited must be120-38
designated as "trust funds" or "escrow accounts" or under some other120-39
appropriate name indicating that the money is not the money of the title120-40
insurer, title agent or escrow officer.121-1
4. The commissioner shall adopt regulations defining the term121-2
"commingling" for the purposes of this chapter and prescribing acceptable121-3
business practices for title agents and escrow officers for handling money121-4
deposited in escrow.121-5
Sec. 214. NRS 692B.170 is hereby amended to read as follows: 692B.170 1. The holder of the solicitation permit shall promptly121-7
deposit all121-8
subsection 2 ,121-9
pursuant to the permit, other than advance premiums for insurance which121-10
are subject to NRS 692B.230, in escrow in a bank , credit union or trust121-11
company located in this state and under an agreement consistent with this121-12
chapter filed with and approved by the commissioner.121-13
2. No part of121-14
121-15
(a) For payment of organization, sales and promotion expenses as earned121-16
and as authorized by the permit, and121-17
the applicable expense limit on121-18
from the deposit;121-19
(b) For the purpose of making any deposit with the commissioner121-20
required for the issuance of a certificate of authority to an insurer, or if the121-21
organization is not, or is not to be, an insurer, upon completion of payments121-22
on securities subscriptions made under the permit and deposit or121-23
appropriation of such121-24
or121-25
(c) For the making of refunds as provided in NRS121-26
121-27
3. Money while so held in escrow may be invested in certificates of121-28
deposit or savings accounts. Interest accruing thereon121-29
becomes part of the121-30
subsection 2, or121-31
under paragraph (c) of subsection 2, or to supplement the bond or deposit in121-32
lieu thereof if the121-33
692B.150.121-34
4. When the commissioner has issued a certificate of authority to a121-35
proposed insurer he shall release to the insurer any121-36
remaining in escrow for its account.121-37
5. The commissioner may in his discretion waive compliance with this121-38
section as to121-39
permit pursuant to NRS 692B.260, or in other circumstances where he121-40
deems such an escrow to be unnecessary for the protection of investors or121-41
the public.122-1
Sec. 215. NRS 692B.230 is hereby amended to read as follows: 692B.230 1. All sums collected by a domestic mutual corporation as122-3
premiums or fees on qualifying applications for insurance therein122-4
must be deposited in escrow with a bank , credit union or trust company122-5
located in this state under a written agreement filed with and approved by122-6
the commissioner.122-7
consistent with those of the solicitation permit and of the applicable122-8
provisions of this section and NRS 692B.250.122-9
2. Upon issuance to the corporation of a certificate of authority as an122-10
insurer for the kind of insurance for which such applications were solicited,122-11
all122-12
money of the insurer. Until the certificate of authority is issued,122-13
122-14
insurance as respectively entitled thereto.122-15
Sec. 216. NRS 695D.250 is hereby amended to read as follows: 695D.250 1. An organization for dental care shall set aside a reserve122-17
equal to 3 percent of the premiums collected from its members up to a total122-18
of $500,000. This reserve is in addition to the bond or deposit filed with the122-19
commissioner.122-20
2. This section does not apply to organizations receiving money from122-21
federal, state or municipal governments or their political subdivisions or122-22
another comparable resource which have had their deposit or bond reduced122-23
by the commissioner.122-24
3. Every organization shall maintain the reserves required by NRS122-25
681B.080, unless a larger amount is required by subsection 1 of this section.122-26
4. The reserve required by subsection 1 is held by the organization in a122-27
fiduciary capacity. The organization must deposit the reserve in an interest-122-28
bearing trust account established in a122-29
or savings and loan association in this state122-30
insured by a private insurer approved pursuant to NRS 678.755. The122-31
account must be separate from all other accounts maintained by the122-32
organization.122-33
5. Any person who diverts or appropriates reserves held in a fiduciary122-34
capacity pursuant to this section for his own use is guilty of embezzlement.122-35
6. The commissioner may adopt reasonable regulations related to the122-36
adequacy of a reserve required by this section and the establishment and122-37
maintenance of a trust account pursuant to this section.122-38
Sec. 217. NRS 695F.190 is hereby amended to read as follows: 695F.190 1. A prepaid limited health service organization shall set122-40
aside a reserve equal to 3 percent of the premiums collected from its122-41
enrollees in an amount not to exceed $500,000. The reserve is in addition to122-42
the bond or deposit filed with the commissioner.123-1
2. The reserve:123-2
(a) Must be deposited in a trust account in a123-3
institution which is located in this state123-4
or insured by a private insurer approved pursuant to NRS 678.755. The123-5
income earned on money in the account must be paid to the organization123-6
and used for its operations.123-7
(b) Is in addition to the reserve established by the organization according123-8
to good business and accounting practices for incurred but unreported123-9
claims and other similar claims.123-10
Sec. 218. NRS 696B.360 is hereby amended to read as follows: 696B.360 1. The123-12
proceeding under this chapter123-13
one or more state or national banks, savings banks , credit unions or trust123-14
companies, and in the case of the insolvency or voluntary or involuntary123-15
liquidation of any such depositary which is an institution organized and123-16
supervised under the laws of this state, such deposits123-17
to priority of payment on an equality with any other priority given by the123-18
banking laws of this state.123-19
2. The commissioner may in his discretion deposit123-20
money or any part thereof in a national bank , credit union or trust company123-21
as a trust fund.123-22
Sec. 219. NRS 706.3058 is hereby amended to read as follows: 706.3058 For the purposes of NRS 706.3056, the department may123-24
accept from the operator of a taxicab any one of the following forms of123-25
security, or any combination thereof:123-26
1. A time certificate of deposit with any bank or credit union licensed123-27
or chartered by this state or the Federal Government, made payable to the123-28
operator and the department.123-29
2. Bonds and securities issued or guaranteed by the Federal123-30
Government made payable to the operator and the department.123-31
3. A deposit in an amount required by NRS 706.3056 made with the123-32
state treasurer, with the department appointed as trustee of the deposit.123-33
4. A surety bond submitted on behalf of the operator by any surety123-34
company authorized to transact business in this state.123-35
5. Any other form of security, including the net worth of the operator,123-36
which is acceptable to the department.124-1
Sec. 220. NRS 678.770 is hereby repealed.
124-2
TEXT OF REPEALED SECTION678.770 Maintenance and retention of records.
124-4
1. All records of a credit union incorporated under this chapter shall be124-5
kept for a period of 6 years from the date of making the record or from the124-6
date of the last entry.124-7
2. A credit union is not required to receipt for payment, except as may124-8
be provided in the bylaws, nor is it necessary to endorse a note showing date124-9
of payments or balance due.~