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 [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to credit unions; authorizing the State of Nevada and agencies and subdivisions thereof, and certain other persons, to deposit money in credit unions; requiring the commissioner of financial institutions to adopt regulations relating to records of credit unions; providing that deposits for insurance for credit unions’ members’ accounts are nonrisk assets; increasing the amount a credit union may loan to its directors and committee members without approval of its board of directors; authorizing credit unions to invest in certain bank obligations; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. NRS 673.276 is hereby amended to read as follows:

1-2 673.276 An association may invest in:

1-3 1. Without limit, obligations of, or obligations guaranteed as to

1-4 principal and interest by, the United States or any state.

1-5 2. Obligations of the United States Postal Service, whether or not

1-6 guaranteed as to principal and interest by the United States.

1-7 3. Stock of a Federal Home Loan Bank of which the association is

1-8 eligible to be a member.

1-9 4. Any obligations or consolidated obligations of any Federal Home

1-10 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 any

1-13 successor or successors thereto, including the Federal National Mortgage

1-14 Association.

2-1 7. Demand, time or savings deposits with any bank , credit union or

2-2 trust company whose deposits are insured by the Federal Deposit Insurance

2-3 Corporation [.] , the National Credit Union Share Insurance Fund or a

2-4 private insurer approved pursuant to NRS 678.755.

2-5 8. Stock or obligations of any corporation or agency of the United

2-6 States or any state, or in deposits therewith to the extent that such a

2-7 corporation or agency assists in furthering or facilitating the association’s

2-8 purposes or powers.

2-9 9. Savings accounts of any insured association licensed by the state and

2-10 of any federal savings and loan association, if the accounts of the savings

2-11 and loan association are insured by the Federal Deposit Insurance

2-12 Corporation.

2-13 10. Bonds, notes or other evidences of indebtedness which are general

2-14 obligations of any city, town, county, school district or other municipal

2-15 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 of

2-18 chapter 670 of NRS.

2-19 (b) A corporation for economic revitalization and diversification

2-20 organized under the provisions of chapter 670A of NRS, if the association is

2-21 a member of the corporation, and to the extent of its loan limit established

2-22 under NRS 670A.200.

2-23 12. Any other investment at the discretion of the association’s directors

2-24 if, after the investment is made, the association’s accounts remain insurable

2-25 by the Federal Deposit Insurance Corporation.

2-26 Sec. 2. NRS 673.377 is hereby amended to read as follows:

2-27 673.377 1. Every association shall have on hand at all times in

2-28 available money, [bank deposits,] deposits in banks and credit unions,

2-29 United States Government bonds, certificates of insured savings and loan

2-30 associations, Federal Home Loan Bank evidences of indebtedness, time

2-31 certificates of insured federal and state banks , time certificates of insured

2-32 credit unions or [of] any indebtedness of any United States Government

2-33 instrumentality which is by statute fully guaranteed, a sum not less than 5

2-34 percent of the aggregate of savings accounts and investment certificates to

2-35 enable it to pay withdrawals in excess of receipts and to meet accruing

2-36 expenses. The commissioner may prescribe from time to time different

2-37 amounts required for liquidity purposes, but the amounts must not be less

2-38 than 4 percent or more than 8 percent.

2-39 2. A deposit in a bank , credit union or association under the control or

2-40 the possession of appropriate supervisory authority must not be considered

2-41 as cash. Except for deposits in a Federal Home Loan Bank, a time deposit

2-42 established hereafter, whether or not time deposit-open account or deposit

3-1 evidenced by a certificate of deposit, must not be considered as cash for

3-2 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 in

3-5 the same bank [,] or credit union, does not exceed the greater of [one-

3-6 quarter] :

3-7 (1) One-quarter of 1 percent of the [bank’s] total deposits of the bank

3-8 or credit union as of the [bank’s] last published statement of condition of

3-9 the bank or credit union; or [$15,000;]

3-10 (2) Fifteen thousand dollars; and

3-11 (c) No consideration was received from a third party in connection with

3-12 the making of the deposit.

3-13 3. An association must not make or purchase any loan, other than

3-14 advances on the sole security of its savings accounts, at any time when its

3-15 liquidity drops below the required level. For the purpose of this section, a

3-16 loan is deemed to have been made as of the date the borrower executed the

3-17 security instrument, and a loan is deemed to have been purchased as of the

3-18 date of the payment therefor.

3-19 Sec. 3. NRS 676.220 is hereby amended to read as follows:

3-20 676.220 Each licensee shall:

3-21 1. Open and maintain a separate trust account in a state [bank] or

3-22 national bank or credit union doing business in this state. All money

3-23 received from debtors for the benefit of creditors must be deposited in, and

3-24 all payments to creditors must be disbursed from, this account.

3-25 2. Keep and use such books and accounting records as are in accord

3-26 with sound and accepted accounting practices.

3-27 3. Maintain a separate record or ledger card for the account of each

3-28 debtor, showing the amount of money received from and disbursed on

3-29 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 of

3-32 money and showing the amount of money disbursed in accordance with the

3-33 appropriate debt-adjustment contract.

3-34 5. Preserve all books and accounting records for at least 7 years after

3-35 making the final entry therein.

3-36 Sec. 4. NRS 677.230 is hereby amended to read as follows:

3-37 677.230 1. Except as otherwise provided in subsection 2, the

3-38 commissioner may establish the basis upon which reasonable and adequate

3-39 reserves must be created and maintained, which must be no less than 3

3-40 percent of the deposits, in [cash] :

3-41 (a) Cash and due from federally insured financial institutions in this
3-42 state , financial institutions insured by a private insurer approved

3-43 pursuant to NRS 678.755, or any Federal Reserve Bank [, in] ;

4-1 (b) United States treasury bills or notes [, short-term] ;

4-2 (c) Short-term obligations of the federal or state government ; or

4-3 [money]

4-4 (d) Money deposited in federally insured financial institutions in this

4-5 state , financial institutions insured by a private insurer approved

4-6 pursuant to NRS 678.755, or any Federal Reserve Bank.

4-7 For the purposes of this subsection, "short-term" means having a maturity of

4-8 2 years or less.

4-9 2. The commissioner shall require a licensee who is insured by the

4-10 Federal Deposit Insurance Corporation to comply with the reserve

4-11 requirements established by that insurer.

4-12 Sec. 5. NRS 677.570 is hereby amended to read as follows:

4-13 677.570 When the commissioner takes possession of the property and

4-14 business of any company for the purpose of liquidation or conservation, he

4-15 may liquidate or conserve the company. In such a liquidation or

4-16 conservation the commissioner has the same authority with reference to

4-17 licensees as are vested in the commissioner by Title 55 of NRS with

4-18 reference to banks and in addition may deposit money coming into his

4-19 hands in the course of liquidation in one or more state or national banks [.]

4-20 or credit unions.

4-21 Sec. 6. NRS 677.600 is hereby amended to read as follows:

4-22 677.600 A licensee shall not deposit any of its money with any other

4-23 moneyed corporation, unless that corporation has been designated as a

4-24 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 the

4-26 depository so designated. Such a depository must be a federally insured

4-27 financial institution , a financial institution insured by a private insurer

4-28 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:

4-30 677.610 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 or

4-34 3. To the extent of 5 percent or less of its total assets, in preferred stock

4-35 of corporations which have been given a rating of "A" or better by a

4-36 national rating service and which are not in default in the payment of

4-37 dividends.

4-38 Sec. 8. NRS 678.260 is hereby amended to read as follows:

4-39 678.260 The commissioner shall:

4-40 1. Adopt a regulation establishing the minimum surety bond required of

4-41 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 must

4-43 keep and prescribes the period for which those records must be retained.

5-1 3. Maintain the original application of every credit union in a

5-2 permanent file.

5-3 [3.] 4. Maintain for at least 6 years, every report filed by a credit union

5-4 with the division of financial institutions.

5-5 [4.] 5. Except as otherwise provided in NRS 678.800 and 678.810,

5-6 deposit all fees, charges for expenses, assessments and other money which

5-7 is collected pursuant to the provisions of this chapter or any regulation

5-8 adopted thereunder, in the state treasury for credit to the state general fund.

5-9 [5.] 6. Prepare copies of articles of incorporation and bylaws consistent

5-10 with the provisions of this chapter which may be used by persons interested

5-11 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 of

5-16 credit unions;

5-17 2. Perform such tasks and missions as may be requested by the Federal

5-18 Government, the State of Nevada or any agency or political subdivision

5-19 thereof , including, without limitation, a city, county or school district,

5-20 when approved by the board of directors and not inconsistent with the

5-21 provisions of this chapter;

5-22 3. Act as fiscal agent for and receive deposits from the Federal

5-23 Government, [or any of the subdivisions thereof;] the State of Nevada or an

5-24 agency or political subdivision thereof, including, without limitation, a

5-25 city, county or school district; and

5-26 4. Perform trust services for its members, including the trust estates of

5-27 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 NRS

5-31 678.670 and 678.680, all assets except the following are considered risk

5-32 assets:

5-33 1. Cash on hand;

5-34 2. Deposits or shares in federal or state banks, savings and loan

5-35 associations and credit unions;

5-36 3. Assets which are insured by, fully guaranteed as to principal and

5-37 interest by, or due from the [U.S.] United States Government, its agencies,

5-38 the Federal National Mortgage Association or the Government National

5-39 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 the

5-42 shares of the member applying therefor;

6-1 6. Loans to students insured under the provisions of the Higher

6-2 Education Act of 1965 , [(] 20 U.S.C. §§ 1071 et seq. , [)] or similar state

6-3 insurance programs;

6-4 7. Loans insured under the National Housing Act, as amended , [(] 12

6-5 U.S.C. § 1703 , [)] by the Federal Housing Administration;

6-6 8. Shares or deposits in central credit unions organized under the

6-7 provisions of NRS 678.850, or of any other state law or the Federal Credit

6-8 Union Act of 1934, as amended , [(] 12 U.S.C. §§ 1751 et seq. , [);]

6-9 9. Common trust investments which deal in investments authorized by

6-10 this chapter;

6-11 10. Prepaid expenses;

6-12 11. Accrued interest on nonrisk investments;

6-13 12. Furniture and equipment; [and]

6-14 13. Land and buildings [.] ; and

6-15 14. A deposit for insurance for members’ accounts required pursuant

6-16 to subsection 3 of NRS 678.750.

6-17 Sec. 11. NRS 678.730 is hereby amended to read as follows:

6-18 678.730 1. A credit union may make loans to its directors and to

6-19 members of its committees, except that any loan or aggregate of loans to any

6-20 one director or member of a committee which is more than [$10,000]

6-21 $30,000 plus pledged shares must be approved by the board.

6-22 2. A credit union may permit its directors and members of its

6-23 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 any

6-25 outstanding loan to the guarantor is more than [$10,000,] $30,000, approval

6-26 of the board is required.

6-27 Sec. 12. NRS 678.760 is hereby amended to read as follows:

6-28 678.760 Money not used in loans to members may be invested in:

6-29 1. Securities, obligations, participations or other instruments of or

6-30 issued by or fully guaranteed as to principal and interest by the United

6-31 States of America or any agency thereof or in any trust or trusts established

6-32 for investing directly or collectively in these instruments;

6-33 2. Obligations of this state or any political subdivision thereof [;] ,

6-34 including, without limitation, a city, county or school district;

6-35 3. Certificates of deposit or passbook type accounts issued by a state or

6-36 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 by

6-38 the bylaws;

6-39 5. Capital shares, obligations or preferred stock issues of any agency or

6-40 association organized either as a stock company, mutual association or

6-41 membership corporation if the membership or stockholdings, as the case

6-42 may be, of the agency or association are confined or restricted to credit

6-43 unions or organizations of credit unions, and the purposes for which the

7-1 agency or association is organized are designed to service or otherwise

7-2 assist credit union operations;

7-3 6. Shares of a cooperative society organized under the laws of this state

7-4 or the United States in a total amount not exceeding 10 percent of the

7-5 shares, deposits and surplus of the credit union;

7-6 7. Capital stock and other securities of a corporation for economic

7-7 revitalization and diversification organized under the provisions of chapter

7-8 670A of NRS, if the credit union is a member of the corporation, and to the

7-9 extent of its loan limit established under NRS 670A.200;

7-10 8. Stocks and bonds of United States corporations to a maximum of 5

7-11 percent of unallocated reserves, except that such an investment must be

7-12 limited to stocks or bonds yielding income which are approved by the

7-13 commissioner; [and]

7-14 9. Loans to any credit union association, national or state, of which the

7-15 credit union is a member, except that such an investment must be limited to

7-16 1 percent of the shares, capital deposits and unimpaired surplus of the credit

7-17 union [.] ; and

7-18 10. Negotiable obligations of federal or state banks.

7-19 Sec. 13. NRS 11.290 is hereby amended to read as follows:

7-20 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 any

7-22 bank, credit union, banker, trust company or savings and loan society, there

7-23 is no limitation.

7-24 Sec. 14. NRS 31.291 is hereby amended to read as follows:

7-25 31.291 1. Debts and credits, due or to become due, from a bank

7-26 incorporated under the laws of the State of Nevada or the laws of the United

7-27 States of America, or other personal property held by the bank must be

7-28 garnished by serving a copy of the writ of garnishment on one of the

7-29 following officers of the bank:

7-30 (a) If the bank has no branches, trust department or military facility, on

7-31 the president, vice president, assistant vice president, cashier, assistant

7-32 cashier, manager or other managing officer in charge of the bank owing the

7-33 debts, or having in its possession or under its control the credits or other

7-34 personal property.

7-35 (b) If the bank has branches or military facilities owing the debts or

7-36 having in its possession or under its control the credits or other personal

7-37 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 of

7-39 the military facility. Service on that officer or agent constitutes a valid levy

7-40 on any debt, credit or other personal property owing by any branch or

7-41 military facility of the bank.

7-42 (c) If the bank has a trust department owing the debts or having in its

7-43 possession or under its control the credits or other personal property, on the

8-1 vice president and trust officer, trust officer, assistant trust officer or other

8-2 managing officer of the trust department.

8-3 2. Debts and credits due or to become due from a credit union or

8-4 savings and loan association incorporated under the laws of the State of

8-5 Nevada or the laws of the United States of America or other personal

8-6 property and choses in action held by the credit union or savings and loan

8-7 association must be garnished by serving the writ of garnishment in the

8-8 same manner as upon banks pursuant to subsection 1.

8-9 3. A garnishment pursuant to this section creates a lien only upon the

8-10 amounts in the accounts or to the credit of the debtor at the time of service

8-11 of the writ of garnishment. An item in the process of collection is included

8-12 in the amount of an account unless the item is returned unpaid. Money in the

8-13 accounts that the garnishee has declared under oath and in answers to

8-14 interrogatories to be exempt from execution is not included in the amount of

8-15 the account.

8-16 4. No garnishment may occur until the defendant has been served with

8-17 the notice of execution in substantially the form prescribed in NRS 31.045

8-18 and in the manner prescribed in NRS 21.076.

8-19 Sec. 15. NRS 80.015 is hereby amended to read as follows:

8-20 80.015 1. For the purposes of this chapter, the following activities do

8-21 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 or

8-24 carrying on other activities concerning internal corporate affairs;

8-25 (c) Maintaining [bank accounts;] accounts in banks or credit unions;

8-26 (d) Maintaining offices or agencies for the transfer, exchange and

8-27 registration of the corporation’s own securities or maintaining trustees or

8-28 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 in

8-31 response to letters, circulars, catalogs or other forms of advertising,

8-32 accepting those orders outside of this state and filling them by shipping

8-33 goods into this state;

8-34 (g) Creating or acquiring indebtedness, mortgages and security interests

8-35 in real or personal property;

8-36 (h) Securing or collecting debts or enforcing mortgages and security

8-37 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 a

8-40 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 pursuant

8-43 to the provisions of Title 55 of NRS; and

9-1 (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 meaning

9-4 of this section need not qualify or comply with any provision of NRS

9-5 80.010 to [80.270,] 80.280, inclusive, chapter 645A or 645B of NRS or

9-6 Title 55 or 56 of NRS unless he:

9-7 (a) Maintains an office in this state for the transaction of business; or

9-8 (b) Solicits or accepts deposits in the state, except pursuant to the

9-9 provisions of chapter 666 or 666A of NRS.

9-10 Sec. 16. NRS 91.110 is hereby amended to read as follows:

9-11 91.110 "Financial institution" means a bank, credit union, savings

9-12 institution or trust company organized under, or supervised pursuant to, the

9-13 laws of the United States or of any state.

9-14 Sec. 17. NRS 100.060 is hereby amended to read as follows:

9-15 100.060 It [shall be] is lawful for any party of whom a bond,

9-16 undertaking or other obligation is required, to agree with his surety or

9-17 sureties for the deposit of any [or all moneys] money and assets for which

9-18 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 by

9-20 law to do business as such, or with [other] another depository approved by

9-21 the court or a judge thereof, if [such] the deposit is otherwise proper, for the

9-22 safekeeping thereof, and in such manner as to prevent the withdrawal of

9-23 [such] the money or assets or any part thereof, without the written consent

9-24 of [such] the surety or sureties, or an order of court or a judge thereof, made

9-25 on such notice to [such] the surety or sureties as [such] the court or judge

9-26 may direct; but [such agreement shall] the agreement does not in any

9-27 manner release from or change the liability of the principal or sureties as

9-28 established by the terms of the bond.

9-29 Sec. 18. NRS 100.065 is hereby amended to read as follows:

9-30 100.065 1. In lieu of any cash payment or surety bond required as

9-31 protection for the State of Nevada, the person required to provide the cash

9-32 payment or surety bond may deposit with the state treasurer, unless a

9-33 different custodian is named by specific statute:

9-34 (a) Bonds of the United States or of the State of Nevada of an actual

9-35 market value of not less than the amount of the required cash payment or

9-36 surety bond;

9-37 (b) A letter of credit from a bank, savings bank , credit union or savings

9-38 and loan association situated in Nevada, which meets the requirements set

9-39 for that purpose by the state treasurer; or

9-40 (c) A savings certificate, certificate of deposit or investment certificate of

9-41 a bank, savings bank , credit union or savings and loan association situated

9-42 in Nevada, which must indicate an account of an amount not less than the

9-43 amount of the required cash payment or surety bond and, except as

10-1 otherwise provided by specific statute, that the amount is not available for

10-2 withdrawal except by direct order of the state treasurer.

10-3 2. Whenever a savings certificate, certificate of deposit or investment

10-4 certificate is deposited as provided in this section, interest earned on the

10-5 certificate accrues to the account of the depositor.

10-6 3. If a surety bond is provided as protection for the State of Nevada, the

10-7 bond must be issued by an insurer who is authorized or otherwise allowed

10-8 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:

10-10 117.065 Any person who receives fees from a purchaser of a

10-11 condominium for the maintenance of the project shall:

10-12 1. Immediately deposit [such moneys] the money in a separate

10-13 custodial account maintained by him with some bank , credit union or

10-14 recognized depositary in this state.

10-15 2. Keep records of all such [moneys] money deposited therein.

10-16 Sec. 20. NRS 142.020 is hereby amended to read as follows:

10-17 142.020 1. Except as otherwise provided in subsection 6, the

10-18 requirement of a bond of an executor, administrator or successor executor or

10-19 administrator is discretionary with the court. Whether a bond is expressly

10-20 required by the will or not, the court may:

10-21 (a) Require a bond if it determines a bond is desirable; or

10-22 (b) Dispense with the requirement of a bond if it determines a bond is

10-23 unnecessary.

10-24 2. The bond must be conditioned that the executor or administrator will

10-25 faithfully execute the duties of the trust according to law, and the bond must

10-26 be recorded by the clerk.

10-27 3. Personal assets of an estate may be deposited with a domestic

10-28 banking or trust corporation or credit union upon such terms as may be

10-29 prescribed by order of the court having jurisdiction of the estate. The

10-30 deposit is subject to the further order of the court. The bond of the executor

10-31 or administrator may be reduced accordingly.

10-32 4. During the pendency of the administration, any person, including a

10-33 creditor, having an interest in the estate whose value exceeds $10,000 may

10-34 make a written demand that the executor, administrator or any successor

10-35 submit a bond. Upon receipt of the demand, the executor, administrator or

10-36 any successor shall refrain from exercising any powers, except those

10-37 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 amount

10-39 which is greater than the amount of the claim of the person having an

10-40 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 personal

10-43 property plus income for 1 year from both real and personal property, unless

11-1 the amount of the bond is expressly mentioned in the will, changed by the

11-2 court, or required pursuant to subsection 4.

11-3 6. If a banking corporation, as defined in NRS 657.016, or trust

11-4 company, as defined in NRS 669.070, doing business in this state is

11-5 appointed executor or administrator of the estate of a deceased, no bond is

11-6 required of the executor or administrator, unless otherwise specifically

11-7 required by the court.

11-8 Sec. 21. NRS 143.175 is hereby amended to read as follows:

11-9 143.175 Executors and administrators may, without court approval,

11-10 deposit or invest [funds] money of the estate in:

11-11 1. United States treasury notes, bills or bonds;

11-12 2. Negotiable commercial paper, not exceeding 180 days maturity, of

11-13 prime quality as defined by a nationally recognized organization which rates

11-14 such securities;

11-15 3. Bankers’ acceptances;

11-16 4. Savings accounts or certificates of deposit in national banks, banks

11-17 chartered by the State of Nevada, federal credit unions, credit unions

11-18 chartered by the State of Nevada, federal savings and loan associations or

11-19 savings and loan associations chartered by the State of Nevada; or

11-20 5. Any other investment in which an executor or administrator is

11-21 authorized by law or by a will to invest [moneys or funds] money under his

11-22 control.

11-23 Sec. 22. NRS 144.020 is hereby amended to read as follows:

11-24 144.020 1. The executor or administrator may engage a qualified and

11-25 disinterested appraiser to ascertain the fair market value, as of the

11-26 decedent’s death, of any asset the value of which is subject to reasonable

11-27 doubt. Different persons may be engaged to appraise different kinds of

11-28 assets included in the estate.

11-29 2. Any such appraiser is entitled to a reasonable compensation for his

11-30 appraisal and may be paid the compensation by the executor or

11-31 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 as

11-33 money, deposits in banks [,] or credit unions, bonds, policies of life

11-34 insurance or securities for money or evidence of indebtedness, [when the

11-35 same is] which are equal in value to money, the executor or administrator

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:

11-38 159.117 1. Upon approval of the court by order, a guardian of the

11-39 estate may:

11-40 (a) Invest the property of the ward, make loans and accept security

11-41 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 or

11-43 other property.

12-1 2. A guardian of the estate may, without securing the prior approval of

12-2 the court, invest the property of the ward in the following:

12-3 (a) Savings accounts in any bank , credit union or savings and loan

12-4 association in this state, to the extent that [such] the deposits are insured by

12-5 the Federal Deposit Insurance Corporation [.] , the National Credit Union

12-6 Share Insurance Fund or a private insurer approved pursuant to NRS

12-7 678.755.

12-8 (b) Interest-bearing obligations of or fully guaranteed by the United

12-9 States.

12-10 (c) Interest-bearing obligations of the United States Postal Service.

12-11 (d) Interest-bearing obligations of the Federal National Mortgage

12-12 Association.

12-13 (e) Interest-bearing general obligations of this state.

12-14 (f) Interest-bearing general obligations of any county, city or school

12-15 district of this state.

12-16 (g) Money market mutual funds which are invested only in those

12-17 instruments listed in paragraphs (a) to (f), inclusive.

12-18 3. A guardian of the estate for two or more wards may invest the

12-19 property of two or more of the wards in property in which each ward whose

12-20 property is so invested has an undivided interest. The guardian shall keep a

12-21 separate record showing the interest of each ward in the investment and in

12-22 the income, profits or proceeds therefrom.

12-23 Sec. 24. NRS 163.150 is hereby amended to read as follows:

12-24 163.150 Where a person who is a trustee of two or more trusts has

12-25 mingled the [funds] money of two or more trusts in the same aggregate of

12-26 cash, or in the same bank , credit union or brokerage account or other

12-27 investment, and a withdrawal is made therefrom by the trustee for his own

12-28 benefit, or for the benefit of a third person not a beneficiary or creditor of

12-29 one or more of the trusts, or for an unknown purpose, [such a withdrawal

12-30 shall] the withdrawal must be charged first to the amount of cash, credit, or

12-31 other property of the trustee in the mingled fund, if any, and after the

12-32 exhaustion of the trustee’s cash, credit, or other property, then to the

12-33 [several] trusts in proportion to their [several] interests in the cash, credit, or

12-34 other property at the time of the withdrawal.

12-35 Sec. 25. NRS 209.201 is hereby amended to read as follows:

12-36 209.201 1. The prison revolving account in the sum of $10,000 is

12-37 hereby created, and may be used for the payment of bills requiring

12-38 immediate payment and for the issuance of money to assist newly released

12-39 or paroled offenders, and for no other purposes.

12-40 2. The director may deposit the prison revolving account in one or more

12-41 banks or credit unions of reputable standing.

13-1 3. Payments made from the prison revolving account must be promptly

13-2 reimbursed from appropriated money of the department on claims as other

13-3 claims against the state are paid.

13-4 Sec. 26. NRS 209.248 is hereby amended to read as follows:

13-5 209.248 1. The department of prisons shall establish in any insured

13-6 bank , credit union or savings and loan association doing business in this

13-7 state an account for disbursements to offenders. The balance in the account

13-8 must not exceed $600,000. Money in the account may be expended only for

13-9 the payment of transactions involving offenders’ trust funds.

13-10 2. Payments made from the account for disbursements to offenders must

13-11 be promptly reimbursed from money in the appropriate fund on deposit with

13-12 the state treasurer.

13-13 Sec. 27. NRS 210.160 is hereby amended to read as follows:

13-14 210.160 1. The superintendent may accept money and other valuables

13-15 of inmates for safekeeping pending their discharges, and shall deposit any

13-16 such money in a trust fund which he shall establish in a bank , credit union

13-17 or savings and loan association qualified to receive deposits of public

13-18 money. He shall keep a full account of any such money and valuables, and

13-19 shall submit reports to the administrator relative to them as may be required

13-20 from time to time.

13-21 2. The superintendent may transfer the amount of any uncashed check

13-22 issued by the school to an inmate to the youth training center’s gift account

13-23 after 1 year from the date the check was issued. Each check so issued must

13-24 be stamped "void after 1 year from date of issue."

13-25 Sec. 28. NRS 210.170 is hereby amended to read as follows:

13-26 210.170 1. The superintendent, subject to the approval of the

13-27 administrator, may establish an inmates’ commissary or store for the benefit

13-28 and use of the inmates. So far as practicable, sales of supplies and materials

13-29 to the inmates must be at cost. The superintendent shall keep, or cause to be

13-30 kept, a record of all transactions of the commissary.

13-31 2. The youth training center commissary fund is hereby created, and

13-32 must be used to purchase supplies and materials for resale to the inmates, to

13-33 provide money for needy inmates, and for other incidentals as may be

13-34 deemed necessary by the superintendent. All money drawn from the fund

13-35 must be repaid wherever possible.

13-36 3. The superintendent shall deposit any money received for the fund in

13-37 insured banks [or in insured] credit unions or savings and loan associations

13-38 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:

13-40 210.540 1. [Moneys] Money to carry out the provisions of NRS

13-41 210.400 to 210.715, inclusive, [shall] must be provided by legislative

13-42 appropriation from the general fund.

14-1 2. All [moneys] money in any fund in the state treasury available to the

14-2 school [shall] must be paid out on claims approved by the superintendent as

14-3 other claims against the state are paid.

14-4 3. All [moneys] money on deposit in banks [, which are] or credit

14-5 unions, which is available to the school, [shall] must be paid out by checks

14-6 signed by the superintendent or by a deputy designated by him for the

14-7 purpose.

14-8 Sec. 30. NRS 210.560 is hereby amended to read as follows:

14-9 210.560 1. The superintendent may accept money and other valuables

14-10 of inmates for safekeeping pending their discharges, and shall deposit any

14-11 such money in a trust fund which he shall establish in a bank , credit union

14-12 or [in a] savings and loan association qualified to receive deposits of public

14-13 money. The superintendent shall keep a full account of any such money and

14-14 valuables, and shall submit reports to the administrator relative to them as

14-15 may be required from time to time.

14-16 2. The superintendent may transfer the amount of any uncashed check

14-17 issued by the school to an inmate to the Caliente youth center’s gift account

14-18 after 1 year from the date the check was issued. Each check so issued must

14-19 be stamped "void after 1 year from date of issue."

14-20 Sec. 31. NRS 210.570 is hereby amended to read as follows:

14-21 210.570 1. The superintendent, subject to the approval of the

14-22 administrator, may establish an inmates’ commissary or store for the benefit

14-23 and use of the inmates. So far as practicable, sales of supplies and materials

14-24 to the inmates must be at cost. The superintendent shall keep, or cause to be

14-25 kept, a record of all transactions of the commissary.

14-26 2. The Caliente youth center commissary fund is hereby created, and

14-27 must be used to purchase supplies and materials for resale to the inmates, to

14-28 provide money for needy inmates, and for such other incidentals as may be

14-29 deemed necessary by the superintendent. All money from the fund must be

14-30 repaid wherever possible.

14-31 3. The superintendent shall deposit any money received for the fund in

14-32 [a bank or in an insured] an insured bank, credit union or savings and loan

14-33 association qualified to receive deposits of public money under the

14-34 provisions of chapter 356 of NRS, and the deposit must be secured by a

14-35 depository bond satisfactory to the state board of examiners.

14-36 4. The superintendent may maintain a small sum as petty cash at the

14-37 commissary.

14-38 Sec. 32. NRS 210.750 is hereby amended to read as follows:

14-39 210.750 1. Each person who is paroled from the Nevada youth

14-40 training center or the Caliente youth center must be placed in a reputable

14-41 home and in either an educational or work program or both. The chief of the

14-42 youth parole bureau may pay the expenses incurred in providing alternative

15-1 placements for residential programs and for structured nonresidential

15-2 programs from money appropriated to the bureau for that purpose.

15-3 2. The chief may accept money of parolees for safekeeping pending

15-4 their discharges from parole. The chief must deposit the money in [federally

15-5 insured] accounts in banks , credit unions or savings and loan associations

15-6 [.] that are federally insured or insured by a private insurer approved

15-7 pursuant to NRS 678.755. He shall keep or cause to be kept a fair and full

15-8 account of the money, and shall submit such reports concerning the

15-9 accounts to the administrator of the division of child and family services of

15-10 the department of human resources as the administrator may require.

15-11 3. When any person so paroled has proven his ability to make an

15-12 acceptable adjustment outside the center or, in the opinion of the chief, is no

15-13 longer amenable to treatment as a juvenile, the chief shall apply to the

15-14 committing court for a dismissal of all proceedings and accusations pending

15-15 against the person.

15-16 4. Before the chief recommends that the committing court revoke a

15-17 person’s parole, he shall ascertain from the superintendent of the

15-18 appropriate center whether adequate facilities remain available at the center

15-19 to provide the necessary care for the person. If the superintendent advises

15-20 that there are not such facilities available, that there is not enough money

15-21 available for support of the person at the center or that the person is not

15-22 suitable for admission to the center, the chief shall report that fact to the

15-23 administrator of the division of child and family services, who shall

15-24 recommend a suitable alternative to the court.

15-25 Sec. 33. NRS 211.380 is hereby amended to read as follows:

15-26 211.380 1. The sheriff of each county may accept money and

15-27 valuables in the physical possession of a prisoner at the time he is taken into

15-28 custody. The sheriff shall account separately for all money so accepted and

15-29 deposit the money in a trust fund which he has established in a bank , credit

15-30 union or savings and loan association qualified to receive deposits of public

15-31 money. During the time of the prisoner’s incarceration, the sheriff may also

15-32 accept and deposit in the trust fund money belonging to the prisoner which

15-33 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 the

15-36 money and valuables, and shall submit reports to the board of county

15-37 commissioners relating to the money and valuables as may be required from

15-38 time to time.

15-39 (b) May permit withdrawals for immediate expenditure by a prisoner for

15-40 personal needs, for payment to a person who is not incarcerated in the jail or

15-41 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 pay

16-2 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, after

16-4 deducting any applicable charges, must be credited to the account

16-5 established for the commissary pursuant to NRS 211.360. If a commissary

16-6 has not been established, the interest and income earned must be deposited

16-7 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:

16-9 218.644 1. The legislative counsel bureau shall maintain a checking

16-10 account in any qualified bank or credit union for the purposes of providing

16-11 advance money and reimbursement to legislators and employees for travel

16-12 expenses, paying the salaries of persons on the payroll of the legislative

16-13 branch of government, related payroll costs and any other expenses directed

16-14 by the legislative commission. The account must be secured by a depository

16-15 bond to the extent the account is not insured by the Federal Deposit

16-16 Insurance Corporation [.] , the National Credit Union Share Insurance

16-17 Fund or a private insurer approved pursuant to NRS 678.755. All checks

16-18 written on this account must be signed by the chairman of the legislative

16-19 commission and the director of the legislative counsel bureau or his

16-20 designee, except that during a regular session of the legislature, the majority

16-21 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 of

16-23 the legislative fund upon the accrued salary, subsistence allowance and

16-24 travel expenses of the legislator or employee in an amount equal to the sum

16-25 advanced.

16-26 3. The legislator or employee is entitled to receive upon request any

16-27 authorized travel expenses in excess of the amount advanced. The legislator

16-28 or employee shall reimburse the legislative fund any amount advanced that

16-29 is not used for reimbursable travel expenses.

16-30 Sec. 35. NRS 228.099 is hereby amended to read as follows:

16-31 228.099 1. There is hereby created a revolving account for the office

16-32 of attorney general in the sum of $5,000, which must be used for payment of

16-33 expenses related to litigation which are unexpected and require prompt

16-34 payment and for no other purposes.

16-35 2. The attorney general shall deposit the money in the revolving

16-36 account in a bank or credit union qualified to receive deposits of public

16-37 [funds] money as provided by law and the deposit must be secured by a

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 upon

16-40 the revolving account.

16-41 4. Payments made from the revolving account must be promptly

16-42 reimbursed from the legislative appropriation, if any, to the attorney general

17-1 for special litigation expenses. The claim for reimbursement must be

17-2 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:

17-4 244.207 1. Notwithstanding any other provision of law, the boards of

17-5 county commissioners in their respective counties may establish by

17-6 ordinance central receiving and disbursing systems for the handling of

17-7 county money and money held in trust by the county or by any of its elected

17-8 or appointed officers. Such systems may include, but are not limited to, the

17-9 following:

17-10 (a) The commingling of all the money from any source if the accounting

17-11 system employed supplies full information concerning the sources of the

17-12 money.

17-13 (b) The elimination of departmental accounts in an insured bank

17-14 [accounts, or accounts in insured] , credit union or savings and loan

17-15 [associations] association by commingling the money in an account or

17-16 accounts maintained by the county treasurer.

17-17 (c) The elimination of trust [bank] accounts in a bank or credit union,

17-18 created for any reason [whatsoever,] as long as adequate records are

17-19 maintained to identify fully all trust money. The money previously held in

17-20 such trust [bank] accounts may be commingled with other money held in

17-21 [bank] accounts maintained in a bank or credit union by the county

17-22 treasurer.

17-23 (d) The centralization of all disbursing of all money, including trust

17-24 money, if the accounting system employed supplies full information

17-25 concerning the disposition of the money.

17-26 (e) The centralization of part or all of billing and collection aspects of

17-27 business licenses, personal property and any other activity of any of the

17-28 offices of the county that involves billing for services, taxes or fees imposed

17-29 by statute or ordinance, or the collection of money in payment of such

17-30 billings.

17-31 (f) In a county whose population is 100,000 or more, the centralization

17-32 of part or all of the billing and collection aspects of any fine, fee, bail or

17-33 forfeiture imposed by a court and any payment ordered by a court pursuant

17-34 to NRS 178.3975.

17-35 2. Investment income from the commingled money [will] must be

17-36 credited to the general fund of the county if other provisions of law or

17-37 contract do not require other allocation of [such] the investment income.

17-38 3. [Nothing in this section:

17-39 (a) Eliminates] This section does not:

17-40 (a) Eliminate the reporting requirements of various elected and

17-41 appointed officials relating to the receipt and disposition of money.

17-42 (b) [Limits] Limit the right of a local government as defined in NRS

17-43 354.474, but not including a county, whose money is held in trust by the

18-1 county to direct the receipt, disbursement and investment of its money

18-2 independently of the system provided for in this section, where [such] the

18-3 independent direction is otherwise authorized by law.

18-4 Sec. 37. NRS 244A.721 is hereby amended to read as follows:

18-5 244A.721 1. The county may provide that proceeds from the sale of

18-6 bonds and special funds from the revenues of the project must be invested

18-7 and reinvested in such securities and other investments, whether or not any

18-8 such investment or reinvestment is authorized under any other law of this

18-9 state, as may be provided in the proceedings under which the bonds are

18-10 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 interest

18-13 of which is unconditionally guaranteed by the United States of America.

18-14 (c) Obligations issued or guaranteed as to principal and interest by any

18-15 agency or person controlled or supervised by and acting as an

18-16 instrumentality of the United States of America pursuant to authority

18-17 granted by the Congress of the United States of America.

18-18 (d) Obligations issued or guaranteed by any state of the United States of

18-19 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 or

18-24 guaranteed as to principal and interest by the United States of America or by

18-25 any person controlled or supervised by and acting as an instrumentality of

18-26 the United States of America pursuant to authority granted by the Congress

18-27 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 its

18-33 equivalent; and

18-34 (3) Invest only in securities issued or guaranteed as to payment of

18-35 principal and interest by the Federal Government, or its agencies or

18-36 instrumentalities, or in repurchase agreements that are fully collateralized by

18-37 [such] the securities.

18-38 2. The county may also provide that such proceeds or funds or

18-39 investments and the payments payable under the lease, the agreement of sale

18-40 or the financing agreement must be received, held and disbursed by one or

18-41 more banks , credit unions or trust companies located within or out of this

18-42 state.

19-1 Sec. 38. NRS 266.515 is hereby amended to read as follows:

19-2 266.515 1. The treasurer, or the county treasurer when acting as ex

19-3 officio city treasurer, shall keep all money belonging to the city separate

19-4 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 or [insured] savings and

19-6 loan associations are located in the city, deposit, with unanimous consent of

19-7 his bondsmen, city money in such banks , credit unions or savings and loan

19-8 associations in demand or time accounts. When no such banks , credit

19-9 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 insured

19-11 bank, [or any insured] credit union or savings and loan association in the

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 as

19-14 the governing board of the city may prescribe and under such terms and

19-15 conditions for the protection of the money as the governing board may

19-16 determine, not inconsistent with other laws of the State of Nevada regulating

19-17 the deposit of public money.

19-18 3. The balances in banks , credit unions or savings and loan

19-19 associations, as certified to by the proper officer thereof, and by the oath of

19-20 the city treasurer, may be counted as cash.

19-21 Sec. 39. NRS 268.025 is hereby amended to read as follows:

19-22 268.025 Any incorporated city or other local government may deposit

19-23 any money under the control of its treasurer in any insured state or national

19-24 bank, [or in any insured] credit union or savings and loan association which

19-25 has an office within the State of Nevada.

19-26 Sec. 40. NRS 268.540 is hereby amended to read as follows:

19-27 268.540 1. Unless prohibited by its charter, the city may provide that

19-28 proceeds from the sale of bonds and special funds from the revenues of the

19-29 project be invested and reinvested in such securities and other investments,

19-30 whether or not any such investment or reinvestment is authorized under any

19-31 other law of this state, as provided in the proceedings under which the

19-32 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 interest

19-35 of which is unconditionally guaranteed by the United States of America.

19-36 (c) Obligations issued or guaranteed as to principal and interest by any

19-37 agency or person controlled or supervised by and acting as an

19-38 instrumentality of the United States of America pursuant to authority

19-39 granted by the Congress of the United States of America.

19-40 (d) Obligations issued or guaranteed by any state of the United States of

19-41 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 or

20-3 guaranteed as to principal and interest by the United States of America or by

20-4 any person controlled or supervised by and acting as an instrumentality of

20-5 the United States of America pursuant to authority granted by the Congress

20-6 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 its

20-12 equivalent; and

20-13 (3) Invest only in securities issued or guaranteed as to payment of

20-14 principal and interest by the Federal Government, or its agencies or

20-15 instrumentalities, or in repurchase agreements that are fully collateralized by

20-16 [such] the securities.

20-17 2. The city may also provide that such proceeds or funds or investments

20-18 and the payments payable under the lease, the agreement of sale or the

20-19 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:

20-22 281.171 1. The account for travel advances is hereby created. Money

20-23 in the account must be used by the state treasurer [for the purpose of

20-24 providing] to provide advance money to state officers and employees for

20-25 travel expenses and subsistence allowances.

20-26 2. The state treasurer shall deposit the money in the account in a bank

20-27 or credit union qualified to receive deposits of public [funds,] money, and

20-28 the deposit must be secured by collateral satisfactory to the state board of

20-29 examiners.

20-30 3. The state treasurer or any of his officers or employees whom he has

20-31 designated for [the] this purpose may sign all checks and warrants drawn

20-32 upon the account.

20-33 Sec. 42. NRS 286.220 is hereby amended to read as follows:

20-34 286.220 1. The board shall establish a fund known as the public

20-35 employees’ retirement fund.

20-36 2. It is hereby declared to be the policy of the legislature that the public

20-37 employees’ retirement fund is a trust fund established to afford a degree of

20-38 security to long-time public employees of the state and its political

20-39 subdivisions. The money in the fund must not be used or appropriated for

20-40 any purpose incompatible with the policy of the public employees’

20-41 retirement system, as expressed in NRS 286.015. The fund must be invested

20-42 and administered to assure the highest return consistent with safety in

20-43 accordance with accepted investment practices.

21-1 3. The interest and income earned on the money in the public

21-2 employees’ retirement fund, after deducting any applicable charges, must be

21-3 credited to the fund.

21-4 4. Money in the public employees’ retirement fund must be expended

21-5 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 by

21-12 employers for rehabilitation; and

21-13 (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 public

21-16 employers to the public employees’ retirement fund must be deposited in a

21-17 bank or credit union of reputable standing in the State of Nevada. Such

21-18 deposits must be secured in a manner satisfactory to the board.

21-19 6. All checks drawn upon the public employees’ retirement fund must

21-20 be signed by two persons designated by the board.

21-21 Sec. 43. NRS 286.680 is hereby amended to read as follows:

21-22 286.680 1. In addition to the provisions of chapter 355 of NRS, the

21-23 board may invest and reinvest the money in its funds as provided in this

21-24 section and NRS 286.682 and may employ investment counsel for that

21-25 purpose. The board may also employ investment supervisory services, trust

21-26 audit services and other related investment services which it deems

21-27 necessary to invest effectively and safeguard the money in the system’s

21-28 funds.

21-29 2. No person engaged in business as a broker or dealer in securities or

21-30 who has a direct pecuniary interest in any such business who receives

21-31 commissions for transactions performed as agent for the board is eligible for

21-32 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 of

21-35 giving continuous advice as to the investment of money on the basis of the

21-36 individual needs of each client;

21-37 (b) The person and his predecessors have been continuously engaged in

21-38 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 of

21-40 the United States as from time to time in effect, or is a bank or an

21-41 investment management subsidiary of a bank; and

21-42 (d) The contract between the board and the investment counsel is of no

21-43 specific duration and is voidable at any time by either party.

22-1 4. The board and its individual members are not liable for investment

22-2 decisions made by investment counsel if they obtain qualified investment

22-3 counsel, establish proper objectives and policies for investments, and issue

22-4 appropriate interim directives. Investment counsel is liable for any

22-5 investment decision that is not made in accordance with the objectives and

22-6 policies established by the board and any applicable interim directives.

22-7 5. The expenses incurred in obtaining and reviewing services pursuant

22-8 to the provisions of this section and the reimbursements to employees for

22-9 their expenses incurred in connection with investment decisions must be

22-10 paid out of the public employees’ retirement fund and the police and

22-11 firemen’s retirement fund in proportion to their respective assets.

22-12 6. The board shall tender invitations to banks and credit unions for

22-13 commercial banking and trust services, consider proposals submitted by

22-14 interested banks [,] and credit unions, and consider contracts for

22-15 commercial banking and trust services at least every 5 years.

22-16 Sec. 44. NRS 287.010 is hereby amended to read as follows:

22-17 287.010 1. The governing body of any county, school district,

22-18 municipal corporation, political subdivision, public corporation or other

22-19 public agency of the State of Nevada may:

22-20 (a) Adopt and carry into effect a system of group life, accident or health

22-21 insurance, or any combination thereof, for the benefit of its officers and

22-22 employees, and the dependents of officers and employees who elect to

22-23 accept the insurance and who, where necessary, have authorized the

22-24 governing body to make deductions from their compensation for the

22-25 payment of premiums on the insurance.

22-26 (b) Purchase group policies of life, accident or health insurance, or any

22-27 combination thereof, for the benefit of such officers and employees, and the

22-28 dependents of such officers and employees, as have authorized the purchase,

22-29 from insurance companies authorized to transact the business of such

22-30 insurance in the State of Nevada, and, where necessary, deduct from the

22-31 compensation of officers and employees the premiums upon insurance and

22-32 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 the

22-35 maintenance of the fund from the compensation of officers and employees

22-36 and pay the deductions into the fund. The money accumulated for this

22-37 purpose through deductions from the compensation of officers and

22-38 employees and contributions of the governing body must be maintained as

22-39 an internal service fund as defined by NRS 354.543. The money must be

22-40 deposited in a state or national bank or credit union authorized to transact

22-41 business in the State of Nevada. Any independent administrator of a fund

22-42 created under this section is subject to the licensing requirements of chapter

22-43 683A of NRS, and must be a resident of this state. Any contract with an

23-1 independent administrator must be approved by the commissioner of

23-2 insurance as to the reasonableness of administrative charges in relation to

23-3 contributions collected and benefits provided. The provisions of NRS

23-4 689B.030 to 689B.050, inclusive, apply to coverage provided pursuant to

23-5 this paragraph.

23-6 (d) Defray part or all of the cost of maintenance of a self-insurance fund

23-7 or of the premiums upon insurance. The money for contributions must be

23-8 budgeted for in accordance with the laws governing the county, school

23-9 district, municipal corporation, political subdivision, public corporation or

23-10 other public agency of the State of Nevada.

23-11 2. If a school district offers group insurance to its officers and

23-12 employees pursuant to this section, members of the board of trustees of the

23-13 school district must not be excluded from participating in the group

23-14 insurance. If the amount of the deductions from compensation required to

23-15 pay for the group insurance exceeds the compensation to which a trustee is

23-16 entitled, the difference must be paid by the trustee.

23-17 Sec. 45. NRS 315.400 is hereby amended to read as follows:

23-18 315.400 1. A commissioner or employee of the authority shall not

23-19 voluntarily acquire any interest, direct or indirect, except as a residential

23-20 tenant, in any housing project or in any property included or planned to be

23-21 included in any housing project, or in any contract or proposed contract in

23-22 connection with any housing project. Where the acquisition is not voluntary,

23-23 the commissioner or employee shall immediately disclose the interest in

23-24 writing to the authority and the disclosure must be entered upon the minutes

23-25 of the authority. Upon disclosure the commissioner or employee shall not

23-26 participate in any action by the authority involving the housing project,

23-27 property or contract. If any commissioner or employee of the authority

23-28 previously owned or controlled an interest, direct or indirect, in any housing

23-29 project or in any property included or planned to be included in any housing

23-30 project, or in any contract or proposed contract in connection with any

23-31 housing project, he shall immediately disclose the interest in writing to the

23-32 authority and the disclosure must be entered upon the minutes of the

23-33 authority. Upon disclosure the commissioner or employee shall not

23-34 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 in

23-38 notes or bonds of the authority issued in connection with any housing

23-39 project or the execution of agreements by [banking] financial institutions

23-40 for the deposit or handling of [funds] money in connection with a housing

23-41 project or to act as trustee under any trust indenture.

24-1 Sec. 46. NRS 315.981 is hereby amended to read as follows:

24-2 315.981 1. A commissioner or employee of the authority shall not

24-3 voluntarily acquire any interest, direct or indirect, except as a residential

24-4 tenant, in any housing project or in any property included or planned to be

24-5 included in any housing project, or in any contract or proposed contract in

24-6 connection with any housing project. Where the acquisition is not voluntary,

24-7 the commissioner or employee shall immediately disclose the interest in

24-8 writing to the authority and the disclosure must be entered upon the minutes

24-9 of the authority. Upon disclosure the commissioner or employee shall not

24-10 participate in any action by the authority involving the housing project,

24-11 property or contract. If any commissioner or employee of the authority

24-12 previously owned or controlled an interest, direct or indirect, in any housing

24-13 project or in any property included or planned to be included in any housing

24-14 project, or in any contract or proposed contract in connection with any

24-15 housing project, he shall immediately disclose the interest in writing to the

24-16 authority and the disclosure must be entered upon the minutes of the

24-17 authority. Upon disclosure the commissioner or employee shall not

24-18 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 in

24-21 office.

24-22 3. This section is not applicable to the acquisition of any interest in

24-23 notes or bonds of the authority issued in connection with any housing

24-24 project or the execution of agreements by [banking] financial institutions

24-25 for the deposit or handling of [funds] money in connection with a housing

24-26 project or to act as trustee under any trust indenture.

24-27 Sec. 47. NRS 349.160 is hereby amended to read as follows:

24-28 349.160 "Commercial bank" means [a] :

24-29 1. A state or national bank or trust company [which] that is a member

24-30 of the Federal Deposit Insurance Corporation, including , without limitation

24-31 [any trust bank as herein defined.] , a branch of the Federal Reserve Bank.

24-32 2. A credit union whose deposits are insured by the National Credit

24-33 Union Share Insurance Fund or by a private insurer approved pursuant

24-34 to NRS 678.755.

24-35 Sec. 48. NRS 349.208 is hereby amended to read as follows:

24-36 349.208 "Trust bank" means [a] :

24-37 1. A commercial bank as defined in NRS 349.160 [which bank] that is

24-38 authorized to exercise and is exercising trust powers . [and also means any]

24-39 2. A branch of the Federal Reserve Bank.

24-40 3. A credit union whose deposits are insured by the National Credit

24-41 Union Share Insurance Fund or by a private insurer approved pursuant

24-42 to NRS 678.755 that is authorized to exercise and is exercising trust

24-43 powers.

25-1 Sec. 49. NRS 349.450 is hereby amended to read as follows:

25-2 349.450 "Expense of operation and maintenance" means any

25-3 reasonable and necessary current expense of the state for the operation,

25-4 maintenance or administration of a project or of the collection and

25-5 administration of revenues from a project. The term includes, among other

25-6 expenses:

25-7 1. Expenses for engineering, auditing, reporting, legal services and

25-8 other expenses of the director which are directly related to the

25-9 administration of projects.

25-10 2. Premiums for fidelity bonds and policies of property and liability

25-11 insurance pertaining to projects, and shares of the premiums of blanket

25-12 bonds and policies which may be reasonably allocated to the state.

25-13 3. Payments to pension, retirement, health insurance and other

25-14 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 any

25-17 bonds.

25-18 5. Services rendered under the terms of contracts, services of

25-19 professionally qualified persons, salaries, administrative expenses and the

25-20 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 the

25-23 project, including the amount of the refund.

25-24 Sec. 50. NRS 349.630 is hereby amended to read as follows:

25-25 349.630 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 interest

25-30 of which is unconditionally guaranteed by the United States of America.

25-31 (c) Obligations issued or guaranteed as to principal and interest by any

25-32 agency or person controlled or supervised by and acting as an

25-33 instrumentality of the United States of America pursuant to authority

25-34 granted by the Congress of the United States of America.

25-35 (d) Obligations issued or guaranteed by any state of the United States of

25-36 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 or

25-41 guaranteed as to principal and interest by the United States of America or by

25-42 any person controlled or supervised by and acting as an instrumentality of

26-1 the United States of America pursuant to authority granted by the Congress

26-2 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 its

26-8 equivalent; and

26-9 (3) Invest only in securities issued or guaranteed as to payment of

26-10 principal and interest by the Federal Government, or its agencies or

26-11 instrumentalities, or in repurchase agreements that are fully collateralized by

26-12 such securities.

26-13 2. Receiving, holding and disbursing of proceeds of the sale of bonds

26-14 by one or more banks , credit unions or trust companies located within or

26-15 out of this state.

26-16 Sec. 51. NRS 349.907 is hereby amended to read as follows:

26-17 349.907 "Expense of operation and maintenance" means any

26-18 reasonable and necessary current expense of the state for the operation,

26-19 maintenance or administration of the financing or of the collection and

26-20 administration of revenues from the financing, and includes, but is not

26-21 limited to:

26-22 1. Expenses for engineering, auditing, reporting or legal services and

26-23 any other expense incurred by the director which are directly related to the

26-24 administration of the financing;

26-25 2. Premiums for fidelity bonds and policies of property and liability

26-26 insurance pertaining to the financing;

26-27 3. Premiums for blanket bonds and policies, or any portion of, which

26-28 may be reasonably allocated to the state;

26-29 4. Payments to pension, retirement and health insurance and other

26-30 insurance funds;

26-31 5. Reasonable charges by any paying agent, commercial bank, credit

26-32 union, trust company or other depository bank pertaining to any bonds;

26-33 6. Salaries or fees paid pursuant to any contract for professional

26-34 services;

26-35 7. Cost of materials, supplies and labor pertaining to the issuance of any

26-36 bonds, including the expenses of any trustee, receiver or other fiduciary; and

26-37 8. Costs incurred in the collection and any refund of revenues pursuant

26-38 to the financing.

26-39 Sec. 52. NRS 349.924 is hereby amended to read as follows:

26-40 349.924 The director shall adopt regulations for:

26-41 1. Investment and reinvestment of the proceeds designated for the

26-42 account for venture capital from the sale of bonds, including, but not limited

26-43 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 interest

27-3 of which is unconditionally guaranteed by the United States.

27-4 (c) Obligations issued or guaranteed as to principal and interest by any

27-5 agency or person controlled or supervised by and acting as an

27-6 instrumentality of the United States pursuant to authority granted by the

27-7 Congress of the United States.

27-8 (d) Obligations issued or guaranteed by any state of the United States, or

27-9 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 or

27-14 guaranteed as to principal and interest by the United States or by any person

27-15 controlled or supervised by and acting as an instrumentality of the United

27-16 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 its

27-22 equivalent; and

27-23 (3) Invest only in securities issued or guaranteed as to payment of

27-24 principal and interest by the Federal Government, or its agencies or

27-25 instrumentalities, or in repurchase agreements that are fully collateralized by

27-26 such securities.

27-27 2. Receiving, holding and disbursing of proceeds of the sale of bonds

27-28 by one or more banks or trust companies located within or outside of this

27-29 state.

27-30 This section does not expand the authority for investing the proceeds of

27-31 bonds placed in the fund for the retirement of bonds.

27-32 Sec. 53. NRS 349.939 is hereby amended to read as follows:

27-33 349.939 "Expense of operation and maintenance" means any

27-34 reasonable and necessary current expense of the state for the operation,

27-35 maintenance or administration of a water project or of the collection and

27-36 administration of revenues from a water project. The term includes, among

27-37 other expenses:

27-38 1. Expenses for engineering, auditing, reporting, legal services and

27-39 other expenses of the director which are directly related to the

27-40 administration of water projects.

27-41 2. Premiums for fidelity bonds and policies of property and liability

27-42 insurance pertaining to water projects, and shares of the premiums of

27-43 blanket bonds and policies which may be reasonably allocated to the state.

28-1 3. Payments to pension, retirement, health insurance and other

28-2 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 any

28-5 bonds.

28-6 5. Services rendered under the terms of contracts, services of

28-7 professionally qualified persons, salaries, administrative expenses and the

28-8 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 the

28-11 water project, including the amount of the refund.

28-12 Sec. 54. NRS 350.512 is hereby amended to read as follows:

28-13 350.512 "Commercial bank" means [a] :

28-14 1. A state or national bank or trust company [which] that is a member

28-15 of the Federal Deposit Insurance Corporation, including , without limitation

28-16 [any trust bank as herein defined.] , a branch of the Federal Reserve Bank.

28-17 2. A credit union whose deposits are insured by the National Credit

28-18 Union Share Insurance Fund or by a private insurer approved pursuant

28-19 to NRS 678.755.

28-20 Sec. 55. NRS 350.564 is hereby amended to read as follows:

28-21 350.564 "Trust bank" means [a] :

28-22 1. A commercial bank as defined in NRS 350.512 [which bank] that is

28-23 authorized to exercise and is exercising trust powers . [and also means any]

28-24 2. A branch of the Federal Reserve Bank.

28-25 3. A credit union whose deposits are insured by the National Credit

28-26 Union Share Insurance Fund or by a private insurer approved pursuant

28-27 to NRS 678.755 that is authorized to exercise and is exercising trust

28-28 powers.

28-29 Sec. 56. NRS 350A.040 is hereby amended to read as follows:

28-30 350A.040 "Cost of a lending project" means all or any designated part

28-31 of the cost of any lending project, including any incidental cost pertaining to

28-32 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 other

28-38 agents and employees.

28-39 3. Publishing, posting, mailing and otherwise giving notice, filing or

28-40 recording instruments, taking options and fees to banks [.] and credit

28-41 unions.

28-42 4. Establishment of a reserve for contingencies.

29-1 5. Interest on state securities for any time which does not exceed 3

29-2 years, discounts on such state securities, reserves for the payment of the

29-3 principal of and interest on such securities, replacement expenses and other

29-4 costs of issuing such securities.

29-5 6. Amending any resolution or other instrument authorizing the

29-6 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 expenses

29-9 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:

29-11 350A.050 "Expense of operation and maintenance" means any

29-12 reasonable and necessary current expense of the state for the operation,

29-13 maintenance or administration of a lending project or of the collection and

29-14 administration of revenues therefrom. The term includes, without limitation:

29-15 1. Expenses for engineering, auditing, reporting, legal services and

29-16 other expenses of the state treasurer which are directly related to the

29-17 administration of lending projects.

29-18 2. Premiums for fidelity bonds and policies of property and liability

29-19 insurance pertaining to lending projects, and shares of the premiums of

29-20 blanket bonds and policies which may be reasonably allocated to lending

29-21 projects.

29-22 3. Payments to pension, retirement, health insurance and other

29-23 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 state

29-26 securities.

29-27 5. Services rendered under the terms of contracts, services of

29-28 professionally qualified persons, salaries, administrative expenses and the

29-29 cost of materials, supplies and labor pertaining to the issuance of any state

29-30 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 a

29-32 lending project, including the amount of the refund.

29-33 Sec. 58. NRS 354.603 is hereby amended to read as follows:

29-34 354.603 1. The board of trustees of any county school district, the

29-35 board of hospital trustees of any county hospital or the board of trustees of

29-36 any consolidated library district or district library may establish and

29-37 administer separate accounts in [any bank] :

29-38 (a) A bank whose deposits are insured by the Federal Deposit Insurance

29-39 Corporation ;

29-40 (b) A credit union whose deposits are insured by the National Credit

29-41 Union Share Insurance Fund or by a private insurer approved pursuant

29-42 to NRS 678.755; or [in any]

30-1 (c) A savings and loan association whose deposits if made by the state, a

30-2 local government or an agency of either , are insured by the Federal Deposit

30-3 Insurance Corporation, or the legal successor of the Federal Deposit

30-4 Insurance Corporation,

30-5 for money deposited by the county treasurer which is by law to be

30-6 administered and expended by those boards.

30-7 2. The county treasurer shall transfer the money to [such] a separate

30-8 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 of

30-10 hospital trustees of the county hospital or the board of trustees of the

30-11 consolidated library district or district library adopts a resolution declaring

30-12 an intention to establish and administer a separate account in accordance

30-13 with the provisions of this section.

30-14 (b) The board of trustees of the county school district, the board of

30-15 hospital trustees of the county hospital or the board of trustees of the

30-16 consolidated library district or district library sends a certificate to the

30-17 county treasurer, the county auditor, the board of county commissioners

30-18 and, in the case of the board of trustees of the county school district, to the

30-19 department of education, attested by the secretary of the board, declaring

30-20 the intention of the board to establish and administer a separate account in

30-21 accordance with the provisions of this section.

30-22 (c) The board of hospital trustees of the county hospital or the board of

30-23 trustees of the consolidated library district or district library submits

30-24 monthly reports, listing all transactions involving the separate account, to

30-25 the county treasurer, the county auditor and the board of county

30-26 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 in

30-28 such an account upon request of the board of county commissioners.

30-29 [2.] 3. The separate account of the board of trustees of the county

30-30 school district established under the provisions of this section must be

30-31 composed of:

30-32 (a) The county school district fund; and

30-33 (b) The county school district building and sites fund.

30-34 [3.] 4. The separate account established by the board of county hospital

30-35 trustees is designated the county hospital fund.

30-36 [4.] 5. The separate account of the board of trustees of the consolidated

30-37 library district or district library established under the provisions of this

30-38 section must be composed of:

30-39 (a) The fund for the consolidated library or district library, as

30-40 appropriate; and

30-41 (b) The fund for capital projects of the consolidated library or district

30-42 library, as appropriate.

31-1 [5.] 6. No expenditures from an account may be made in excess of the

31-2 balance of the account.

31-3 [6.] 7. Such an account must support all expenditures properly related

31-4 to the purpose of the fund, excluding direct payments of principal and

31-5 interest on general obligation bonds, and including, but not limited to, debt

31-6 service, capital projects, capital outlay and operating expenses.

31-7 [7.] 8. The board of county commissioners, if it determines that there is

31-8 clear evidence of misuse or mismanagement of money in any separate

31-9 account, may order the closing of the account and the return of the money to

31-10 the county treasury to be administered in accordance with existing

31-11 provisions of law. The board of trustees of the county school district, the

31-12 board of hospital trustees of the county hospital or the board of trustees of

31-13 the consolidated library district or district library is entitled to a hearing

31-14 before the board of county commissioners.

31-15 Sec. 59. NRS 354.609 is hereby amended to read as follows:

31-16 354.609 1. The governing body of any local government may, by

31-17 resolution, establish one or more petty cash accounts, imprest accounts or

31-18 revolving [bank] accounts in a bank or credit union to assist in the

31-19 administration of any activities in which [such] the local government is

31-20 authorized by law to engage.

31-21 2. [Such] A resolution establishing any petty cash account, imprest

31-22 account or revolving [bank] account in a bank or credit union shall, in

31-23 detail, set forth the following:

31-24 (a) The object and purpose of [such] the account.

31-25 (b) The source of money to be used to establish and maintain [such] the

31-26 account.

31-27 (c) The method of controlling expenditures from [such] the account.

31-28 (d) The maximum dollar amount of any single expenditure.

31-29 3. Payments made out of any such accounts in accordance with the

31-30 establishing resolution may be made directly without approval of the

31-31 governing body of any local government.

31-32 4. Reimbursement of any such petty cash, imprest or revolving accounts

31-33 [shall be effected] must be made no less often than monthly. [Such

31-34 reimbursement shall] The reimbursement must be supported by proper

31-35 evidences of expenditures made from the account and [shall] must be

31-36 approved by the governing body in the same manner as other claims against

31-37 the fund to which [such] the reimbursement is to be charged.

31-38 Sec. 60. NRS 354.695 is hereby amended to read as follows:

31-39 354.695 1. As soon as practicable after taking over the management

31-40 of a local government, the department shall, with the approval of the

31-41 committee:

31-42 (a) Establish and implement a management policy and a financing plan

31-43 for the local government;

32-1 (b) Provide for the appointment of a financial manager for the local

32-2 government who is qualified to manage the fiscal affairs of the local

32-3 government;

32-4 (c) Provide for the appointment of any other persons necessary to enable

32-5 the local government to provide the basic services for which it was created

32-6 in the most economical and efficient manner possible;

32-7 (d) Establish an accounting system and separate [bank accounts,]

32-8 accounts in a bank or credit union, if necessary, to receive and expend all

32-9 money and assets of the local government;

32-10 (e) Impose such hiring restrictions as deemed necessary after considering

32-11 the recommendations of the financial manager;

32-12 (f) Negotiate and approve all contracts entered into by or on behalf of the

32-13 local government before execution and enter into such contracts on behalf

32-14 of the local government as the department deems necessary;

32-15 (g) Negotiate and approve all collective bargaining contracts to be

32-16 entered into by the local government, except issues submitted to a factfinder

32-17 whose findings and recommendations are final and binding pursuant to the

32-18 provisions of the Local Government Employee-Management Relations Act;

32-19 (h) Approve all expenditures of money from any fund or account and all

32-20 transfers of money from one fund to another;

32-21 (i) Employ such technicians as are necessary for the improvement of the

32-22 financial condition of the local government;

32-23 (j) Meet with the creditors of the local government and formulate a debt

32-24 liquidation program;

32-25 (k) Approve the issuance of bonds or other forms of indebtedness by the

32-26 local government;

32-27 (l) Discharge any of the outstanding debts and obligations of the local

32-28 government; and

32-29 (m) Take any other actions necessary to ensure that the local government

32-30 provides the basic services for which it was created in the most economical

32-31 and efficient manner possible.

32-32 2. The department may provide for reimbursement from the local

32-33 government for the expenses it incurs in managing the local government. If

32-34 such reimbursement is not possible, the department may request an

32-35 allocation by the interim finance committee from the contingency fund

32-36 pursuant to NRS 353.266, 353.268 and 353.269.

32-37 3. The governing body of a local government which is being managed

32-38 by the department pursuant to this section may make recommendations to

32-39 the department or the financial manager concerning the management of the

32-40 local government.

32-41 4. Each state agency, board, department, commission, committee or

32-42 other entity of the state shall provide such technical assistance concerning

32-43 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 imposed

33-2 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 local

33-5 government pursuant to the provisions of subsection 1, that management

33-6 may only be terminated pursuant to NRS 354.725.

33-7 Sec. 61. NRS 355.140 is hereby amended to read as follows:

33-8 355.140 1. In addition to other investments provided for by a specific

33-9 statute, the following bonds and other securities are proper and lawful

33-10 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 or

33-14 their payment is guaranteed by the United States;

33-15 (c) Obligations or certificates of the United States Postal Service, the

33-16 Federal National Mortgage Association, the Federal Home Loan Banks, the

33-17 Federal Home Loan Mortgage Corporation or the Student Loan Marketing

33-18 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 the

33-22 Union, including special assessment district bonds if those bonds provide

33-23 that any deficiencies in the proceeds to pay the bonds are to be paid from

33-24 the general fund of the incorporated city;

33-25 (g) General obligation bonds of irrigation districts and drainage districts

33-26 in this state which are liens upon the property within those districts, if the

33-27 value of the property is found by the board or commission making the

33-28 investments to render the bonds financially sound over and above all other

33-29 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 is

33-32 200,000 or more and which is situated in two or more counties of this state

33-33 or of any other state, if:

33-34 (1) The bonds are general obligation bonds and constitute a lien upon

33-35 the property within the district which is subject to taxation; and

33-36 (2) That property is of an assessed valuation of not less than five times

33-37 the amount of the bonded indebtedness of the district;

33-38 (j) Medium-term obligations for counties, cities and school districts

33-39 authorized pursuant to chapter 350 of NRS;

33-40 (k) Loans bearing interest at a rate determined by the state board of

33-41 finance when secured by first mortgages on agricultural lands in this state of

33-42 not less than three times the value of the amount loaned, exclusive of

34-1 perishable improvements, and of unexceptional title and free from all

34-2 encumbrances;

34-3 (l) Farm loan bonds, consolidated farm loan bonds, debentures,

34-4 consolidated debentures and other obligations issued by federal land banks

34-5 and federal intermediate credit banks under the authority of the Federal

34-6 Farm Loan Act, formerly 12 U.S.C. §§ 636 to 1012, inclusive, and §§ 1021

34-7 to 1129, inclusive, and the Farm Credit Act of 1971, 12 U.S.C. §§ 2001 to

34-8 2259, inclusive, and bonds, debentures, consolidated debentures and other

34-9 obligations issued by banks for cooperatives under the authority of the Farm

34-10 Credit Act of 1933, formerly 12 U.S.C. §§ 1131 to 1138e, inclusive, and the

34-11 Farm Credit Act of 1971, 12 U.S.C. §§ 2001 to 2259, inclusive, excluding

34-12 such money thereof as has been received or which may be received

34-13 hereafter from the Federal Government or received pursuant to some federal

34-14 law which governs the investment thereof;

34-15 (m) Negotiable certificates of deposit issued by commercial banks , [or]

34-16 insured credit unions or savings and loan associations;

34-17 (n) Bankers’ acceptances of the kind and maturities made eligible by law

34-18 for rediscount with Federal Reserve banks or trust companies which are

34-19 members of the Federal Reserve System, except that acceptances may not

34-20 exceed 180 days’ maturity, and may not, in aggregate value, exceed 20

34-21 percent of the total par value of the portfolio as determined on the date of

34-22 purchase;

34-23 (o) Commercial paper issued by a corporation organized and operating in

34-24 the United States or by a depository institution licensed by the United States

34-25 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 no

34-27 more than 270 days; and

34-28 (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 aggregate

34-31 value, exceed 20 percent of the total par value of the portfolio as determined

34-32 on the date of purchase, and if the rating of an obligation is reduced to a

34-33 level that does not meet the requirements of this paragraph, it must be sold

34-34 as soon as possible;

34-35 (p) Notes, bonds and other unconditional obligations for the payment of

34-36 money, except certificates of deposit that do not qualify pursuant to

34-37 paragraph (m), issued by corporations organized and operating in the United

34-38 States or by depository institutions licensed by the United States or any state

34-39 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 no

34-42 more than 3 years; and

35-1 (3) Are rated by a nationally recognized rating service as "A" or its

35-2 equivalent, or better,

35-3 except that investments pursuant to this paragraph may not, in aggregate

35-4 value, exceed 20 percent of the total par value of the portfolio, and if the

35-5 rating of an obligation is reduced to a level that does not meet the

35-6 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 its

35-10 equivalent; and

35-11 (3) Invest only in securities issued by the Federal Government or

35-12 agencies of the Federal Government or in repurchase agreements fully

35-13 collateralized by such securities; and

35-14 (r) Collateralized mortgage obligations that are rated by a nationally

35-15 recognized rating service as "AAA" or its equivalent.

35-16 2. Repurchase agreements are proper and lawful investments of money

35-17 of the state and the state insurance fund for the purchase or sale of securities

35-18 which are negotiable and of the types listed in subsection 1 if made in

35-19 accordance with the following conditions:

35-20 (a) The state treasurer shall designate in advance and thereafter maintain

35-21 a list of qualified counterparties which:

35-22 (1) Regularly provide audited and, if available, unaudited financial

35-23 statements to the state treasurer;

35-24 (2) The state treasurer has determined to have adequate capitalization

35-25 and earnings and appropriate assets to be highly credit worthy; and

35-26 (3) Have executed a written master repurchase agreement in a form

35-27 satisfactory to the state treasurer and the state board of finance pursuant to

35-28 which all repurchase agreements are entered into. The master repurchase

35-29 agreement must require the prompt delivery to the state treasurer and the

35-30 appointed custodian of written confirmations of all transactions conducted

35-31 thereunder, and must be developed giving consideration to the Federal

35-32 Bankruptcy Act.

35-33 (b) In all repurchase agreements:

35-34 (1) At or before the time money to pay the purchase price is

35-35 transferred, title to the purchased securities must be recorded in the name of

35-36 the appointed custodian, or the purchased securities must be delivered with

35-37 all appropriate, executed transfer instruments by physical delivery to the

35-38 custodian;

35-39 (2) The state must enter a written contract with the custodian

35-40 appointed pursuant to subparagraph (1) which requires the custodian to:

35-41 (I) Disburse cash for repurchase agreements only upon receipt of

35-42 the underlying securities;

36-1 (II) Notify the state when the securities are marked to the market if

36-2 the required margin on the agreement is not maintained;

36-3 (III) Hold the securities separate from the assets of the custodian;

36-4 and

36-5 (IV) Report periodically to the state concerning the market value of

36-6 the securities;

36-7 (3) The market value of the purchased securities must exceed 102

36-8 percent of the repurchase price to be paid by the counterparty and the value

36-9 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 be

36-11 more than 90 days after the date of purchase; and

36-12 (5) The purchased securities must not have a term to maturity at the

36-13 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 to

36-16 operate in the United States pursuant to federal or state law or a securities

36-17 dealer which is:

36-18 (1) A registered broker-dealer;

36-19 (2) Designated by the Federal Reserve Bank of New York as a

36-20 "primary" dealer in United States government securities; and

36-21 (3) In full compliance with all applicable capital requirements.

36-22 (b) "Repurchase agreement" means a purchase of securities by the state

36-23 or state insurance fund from a counterparty which commits to repurchase

36-24 those securities or securities of the same issuer, description, issue date and

36-25 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 or

36-28 chapters 616A to 616D, inclusive, of NRS.

36-29 Sec. 62. NRS 355.165 is hereby amended to read as follows:

36-30 355.165 1. The local government pooled long-term investment

36-31 account is hereby created. The account must be administered by the state

36-32 treasurer.

36-33 2. All of the provisions of NRS 355.167 apply to the local government

36-34 pooled long-term investment account.

36-35 3. In addition to the investments which are permissible pursuant to

36-36 subsection 3 of NRS 355.167, the treasurer may invest the money in the

36-37 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 nationally

36-41 recognized rating service; and

37-1 (3) Invest only in securities issued by the Federal Government or

37-2 agencies of the Federal Government or in repurchase agreements fully

37-3 collateralized by such securities.

37-4 (b) An investment contract that is collateralized with securities issued by

37-5 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 the

37-7 amount invested and any accrued unpaid interest thereon;

37-8 (2) The treasurer receives a security interest in the collateral that is

37-9 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 exercise

37-11 trust powers;

37-12 (3) The market value of the collateral is determined not less frequently

37-13 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 to

37-15 meet that ratio within 2 business days after the determination; and

37-16 (4) The party with whom the investment contract is executed is a

37-17 commercial bank [,] or credit union, or that party or a guarantor of the

37-18 performance of that party is:

37-19 (I) An insurance company which has a rating on its ability to pay

37-20 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; or

37-22 (II) An entity which has a credit rating on its outstanding long-term

37-23 debt of not less than "A2" by Moody’s Investors Service, Inc., or "A" by

37-24 Standard and Poor’s Ratings Services, or their equivalent.

37-25 4. In addition to the reasonable charges against the account which the

37-26 state treasurer may assess pursuant to subsection 7 of NRS 355.167, the

37-27 state treasurer may, in the case of a local government pooled long-term

37-28 investment account, assess the costs:

37-29 (a) Associated with a calculation of any rebate of arbitrage profits which

37-30 is required to be paid to the Federal Government by 26 U.S.C. § 148; and

37-31 (b) Of contracting with qualified persons to assist in the:

37-32 (1) Calculation of any rebate of arbitrage profits which is required to

37-33 be paid to the Federal Government by 26 U.S.C. § 148; and

37-34 (2) Administration of the account.

37-35 5. In addition to the quarterly computations of interest to be reinvested

37-36 for or paid to each participating local government pursuant to subsection 8

37-37 of NRS 355.167, the state treasurer may, in the case of a local government

37-38 pooled long-term investment account, compute and reinvest or pay the

37-39 interest more frequently. He may also base his computations on the amount

37-40 of interest accrued rather than the amount received.

37-41 6. The treasurer may establish one or more separate subaccounts in the

37-42 local government pooled long-term investment account for identified

38-1 investments that are made for and allocated to specific participating local

38-2 governments.

38-3 Sec. 63. NRS 355.169 is hereby amended to read as follows:

38-4 355.169 1. If an investment of the money of a county or other local

38-5 government is made by the county treasurer, whether separately or through a

38-6 pooling arrangement as provided in NRS 355.168, the county may, on

38-7 behalf of that local government, take any lawful action necessary to recover

38-8 the money invested if:

38-9 (a) The principal of and interest on any investment is not received when

38-10 due; or

38-11 (b) The corporation, bank, credit union, broker or other person with

38-12 whom the investment is made becomes insolvent or bankrupt or is placed in

38-13 receivership.

38-14 2. The expenses of any action taken pursuant to this section must be

38-15 paid from the money recovered and allocated among the funds from which

38-16 the investment is made in the same manner as any loss on an investment is

38-17 allocated. If the total amount of money recovered is insufficient to pay those

38-18 expenses, the excess amount is a charge against the county.

38-19 Sec. 64. NRS 355.170 is hereby amended to read as follows:

38-20 355.170 1. Except as otherwise provided in this section and in NRS

38-21 354.750, a board of county commissioners, a board of trustees of a county

38-22 school district or the governing body of an incorporated city may purchase

38-23 for investment the following securities and no others:

38-24 (a) Bonds and debentures of the United States, the maturity dates of

38-25 which do not extend more than 10 years [from] after the date of purchase.

38-26 (b) Farm loan bonds, consolidated farm loan bonds, debentures,

38-27 consolidated debentures and other obligations issued by federal land banks

38-28 and federal intermediate credit banks under the authority of the Federal

38-29 Farm Loan Act, formerly 12 U.S.C. §§ 636 to 1012, inclusive, and §§ 1021

38-30 to 1129, inclusive, and the Farm Credit Act of 1971, 12 U.S.C. §§ 2001 to

38-31 2259, inclusive, and bonds, debentures, consolidated debentures and other

38-32 obligations issued by banks for cooperatives under the authority of the Farm

38-33 Credit Act of 1933, formerly 12 U.S.C. §§ 1131 to 1138e, inclusive, and the

38-34 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 of

38-36 which is not more than 10 years [from] after the date of purchase.

38-37 (d) Obligations of an agency or instrumentality of the United States of

38-38 America or a corporation sponsored by the government, the maturity date of

38-39 which is not more than 10 years [from] after the date of purchase.

38-40 (e) Negotiable certificates of deposit issued by commercial banks , [or]

38-41 insured credit unions or savings and loan associations.

39-1 (f) Securities which have been expressly authorized as investments for

39-2 local governments or agencies, as defined in NRS 354.474, by any

39-3 provision of Nevada Revised Statutes or by any special law.

39-4 (g) Subject to the limitations contained in NRS 355.177, negotiable notes

39-5 or short-time negotiable bonds issued by local governments of the State of

39-6 Nevada pursuant to NRS 350.091.

39-7 (h) Bankers’ acceptances of the kind and maturities made eligible by law

39-8 for rediscount with Federal Reserve Banks, and generally accepted by banks

39-9 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 money

39-12 available to a local government for investment as determined on the date of

39-13 purchase.

39-14 (i) Obligations of state and local governments if:

39-15 (1) The interest on the obligation is exempt from gross income for

39-16 federal income tax purposes; and

39-17 (2) The obligation has been rated "A" or higher by one or more

39-18 nationally recognized bond credit rating agencies.

39-19 (j) Commercial paper issued by a corporation organized and operating in

39-20 the United States or by a depository institution licensed by the United States

39-21 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 no

39-24 more than 270 days; and

39-25 (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 aggregate

39-28 value, exceed 20 percent of the total portfolio as determined on the date of

39-29 purchase, and if the rating of an obligation is reduced to a level that does not

39-30 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 its

39-34 equivalent; and

39-35 (3) Invest only in securities issued by the Federal Government or

39-36 agencies of the Federal Government or in repurchase agreements fully

39-37 collateralized by such securities.

39-38 2. Repurchase agreements are proper and lawful investments of money

39-39 of a board of county commissioners, a board of trustees of a county school

39-40 district or a governing body of an incorporated city for the purchase or sale

39-41 of securities which are negotiable and of the types listed in subsection 1 if

39-42 made in accordance with the following conditions:

40-1 (a) The board of county commissioners, the board of trustees of the

40-2 school district or the governing body of the city shall designate in advance

40-3 and thereafter maintain a list of qualified counterparties which:

40-4 (1) Regularly provide audited and, if available, unaudited financial

40-5 statements;

40-6 (2) The board of county commissioners, the board of trustees of the

40-7 school district or the governing body of the city has determined to have

40-8 adequate capitalization and earnings and appropriate assets to be highly

40-9 credit worthy; and

40-10 (3) Have executed a written master repurchase agreement in a form

40-11 satisfactory to the board of county commissioners, the board of trustees of

40-12 the school district or the governing body of the city pursuant to which all

40-13 repurchase agreements are entered into. The master repurchase agreement

40-14 must require the prompt delivery to the board of county commissioners, the

40-15 board of trustees of the school district or the governing body of the city and

40-16 the appointed custodian of written confirmations of all transactions

40-17 conducted thereunder, and must be developed giving consideration to the

40-18 Federal Bankruptcy Act.

40-19 (b) In all repurchase agreements:

40-20 (1) At or before the time money to pay the purchase price is

40-21 transferred, title to the purchased securities must be recorded in the name of

40-22 the appointed custodian, or the purchased securities must be delivered with

40-23 all appropriate, executed transfer instruments by physical delivery to the

40-24 custodian;

40-25 (2) The board of county commissioners, the board of trustees of the

40-26 school district or the governing body of the city must enter a written

40-27 contract with the custodian appointed pursuant to subparagraph (1) which

40-28 requires the custodian to:

40-29 (I) Disburse cash for repurchase agreements only upon receipt of

40-30 the underlying securities;

40-31 (II) Notify the board of county commissioners, the board of trustees

40-32 of the school district or the governing body of the city when the securities

40-33 are marked to the market if the required margin on the agreement is not

40-34 maintained;

40-35 (III) Hold the securities separate from the assets of the custodian;

40-36 and

40-37 (IV) Report periodically to the board of county commissioners, the

40-38 board of trustees of the school district or the governing body of the city

40-39 concerning the market value of the securities;

40-40 (3) The market value of the purchased securities must exceed 102

40-41 percent of the repurchase price to be paid by the counterparty and the value

40-42 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 be

41-2 more than 90 days after the date of purchase; and

41-3 (5) The purchased securities must not have a term to maturity at the

41-4 time of purchase in excess of 10 years.

41-5 3. The securities described in paragraphs (a), (b) and (c) of subsection 1

41-6 and the repurchase agreements described in subsection 2 may be purchased

41-7 when, in the opinion of the board of county commissioners, the board of

41-8 trustees of a county school district or the governing body of the city, there is

41-9 sufficient money in any fund of the county, the school district or city to

41-10 purchase those securities and the purchase will not result in the impairment

41-11 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 a

41-13 county school district or governing body of the city has determined that

41-14 there is available money in any fund or funds for the purchase of bonds as

41-15 set out in subsection 1 or 2, those purchases may be made and the bonds

41-16 paid for out of any one or more of the funds, but the bonds must be credited

41-17 to the funds in the amounts purchased, and the money received from the

41-18 redemption of the bonds, as and when redeemed, must go back into the fund

41-19 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 of

41-22 trustees of a county school district or governing body of the city, be credited

41-23 to the fund from which the principal was taken or to the general fund of the

41-24 county, school district or incorporated city.

41-25 6. The board of county commissioners, the board of trustees of a county

41-26 school district or governing body of an incorporated city may invest any

41-27 money apportioned into funds and not invested pursuant to subsection 3 and

41-28 any money not apportioned into funds in bills and notes of the United States

41-29 Treasury, the maturity date of which is not more than 1 year after the date of

41-30 investment. These investments must be considered as cash for accounting

41-31 purposes, and all the interest earned on them must be credited to the general

41-32 fund of the county, school district or incorporated city.

41-33 7. This section does not authorize the investment of money

41-34 administered pursuant to a contract, debenture agreement or grant in a

41-35 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 to

41-38 operate in the United States pursuant to federal or state law or a securities

41-39 dealer which is:

41-40 (1) A registered broker-dealer;

41-41 (2) Designated by the Federal Reserve Bank of New York as a

41-42 "primary" dealer in United States government securities; and

41-43 (3) In full compliance with all applicable capital requirements.

42-1 (b) "Repurchase agreement" means a purchase of securities by a board of

42-2 county commissioners, the board of trustees of a county school district or

42-3 the governing body of an incorporated city from a counterparty which

42-4 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 a

42-6 specified price.

42-7 Sec. 65. NRS 355.210 is hereby amended to read as follows:

42-8 355.210 1. When any money has been deposited in any court pursuant

42-9 to law or rule of court, and when in the judgment of the clerk of [such] the

42-10 court, or the judge thereof if there is no clerk, payment out of [such] the

42-11 deposit will not be required for 90 days or more, the clerk or the judge, as

42-12 the case may be, may invest the money so deposited, either alone or by

42-13 commingling it with other [moneys] money deposited.

42-14 2. The investment may be made:

42-15 (a) By deposit at interest in a state or national bank or credit union in the

42-16 State of Nevada; or

42-17 (b) In bills, bonds, debentures, notes or other securities whose purchase

42-18 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 this

42-20 section shall be deposited to the credit of the general fund of the political

42-21 subdivision or municipality which supports the court.

42-22 4. The requirements of this section may be modified by an ordinance

42-23 adopted pursuant to the provisions of NRS 244.207.

42-24 Sec. 66. NRS 356.015 is hereby amended to read as follows:

42-25 356.015 1. The state treasurer shall establish the rate of interest to be

42-26 paid on the maturity of each time certificate of deposit.

42-27 2. The state treasurer shall make all such deposits through warrants of

42-28 the state controller.

42-29 3. The state controller shall maintain accurate records of inactive

42-30 deposits. Time certificates of deposit which are placed with insured banks ,

42-31 credit unions and savings and loan associations shall be deemed to

42-32 constitute inactive deposits.

42-33 Sec. 67. NRS 356.025 is hereby amended to read as follows:

42-34 356.025 1. To be accepted as collateral for a deposit of money by the

42-35 state treasurer, first mortgages or first deeds of trust must be on real

42-36 property which is located in this state and is used for residences of single

42-37 families.

42-38 2. Each such first mortgage or first deed of trust must be accompanied

42-39 by the promissory note which it secures.

42-40 3. No first mortgage or first deed of trust may be accepted for such

42-41 collateral if:

42-42 (a) Any payment on the related promissory note is more than 30 days

42-43 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 commenced

43-3 or, in the case of a deed of trust, a notice of default and election to sell has

43-4 been recorded;

43-5 (d) In the case of a loan which is not insured or guaranteed by the

43-6 Federal Government, the initial amount lent was greater than 80 percent of

43-7 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; or

43-10 (g) The loan does not meet the requirements for eligibility of the Federal

43-11 Home Loan Mortgage Corporation, the Federal National Mortgage

43-12 Association or the Government National Mortgage Association , [(]

43-13 although it is not necessary that any of those agencies have participated in

43-14 the loan . [).]

43-15 4. If any collateral consisting of a promissory note with a mortgage or

43-16 deed of trust is found not to meet the requirements of this section, the

43-17 depository bank , credit union or savings and loan association shall

43-18 substitute a note of equal or greater value which does meet the

43-19 requirements.

43-20 5. The financial institution shall assign the pledged mortgages and

43-21 deeds of trust to the depositor and deliver them with their promissory notes

43-22 to the trust company. The assignment must be recorded when the financial

43-23 institution fails to pay any part of the deposit for which the security is

43-24 pledged.

43-25 Sec. 68. NRS 356.050 is hereby amended to read as follows:

43-26 356.050 1. Where the state treasurer, in accordance with the terms

43-27 and provisions of NRS 356.010 to 356.110, inclusive, has deposited and

43-28 kept on deposit any public money in depositories so designated, he is not

43-29 liable personally or upon his official bond for any public money that may be

43-30 lost by reason of the failure or insolvency of any such depository; but the

43-31 state treasurer is chargeable with the safekeeping, management and

43-32 disbursement of the bonds deposited with him as security for deposits of

43-33 state money and with interest thereon, and with the proceeds of any sale

43-34 under the provisions of NRS 356.010 to 356.110, inclusive.

43-35 2. The state treasurer may deposit for safekeeping with any insured

43-36 bank, [insured] credit union or savings and loan association or a trust

43-37 company within or without this state any securities or bonds pledged with

43-38 him, as state treasurer, as collateral or as security for any purpose, but the

43-39 securities or bonds may only be so deposited by him with the joint consent

43-40 and approval, in writing, of the pledgor thereof and the state board of

43-41 finance. Any bonds or securities so deposited by him must be deposited

43-42 under a written deposit agreement between the pledgor and the state

43-43 treasurer, to be held and released only upon a written order of the state

44-1 treasurer or his deputy, and signed by the governor or acting governor and

44-2 by one additional member of the state board of finance.

44-3 Sec. 69. NRS 356.120 is hereby amended to read as follows:

44-4 356.120 With unanimous consent of his bondsmen, a county treasurer

44-5 may:

44-6 1. When one or more banks , insured credit unions or insured savings

44-7 and loan associations are located in the county, deposit county [funds]

44-8 money in such insured banks , credit unions or savings and loan

44-9 associations, in demand or time accounts.

44-10 2. When no such banks , credit unions or savings and loan associations

44-11 exist in the county, deposit county [funds] money with any insured bank,

44-12 [or any insured] credit union or savings and loan association in the State of

44-13 Nevada in demand or time accounts.

44-14 Sec. 70. NRS 356.125 is hereby amended to read as follows:

44-15 356.125 1. All money placed in any insured depository banks, [or any

44-16 insured] credit unions or savings and loan associations in time accounts

44-17 may be deposited with the written consent of the board of county

44-18 commissioners.

44-19 2. The time accounts so established are subject to the applicable

44-20 contract between the depository and the county. The contract may provide

44-21 that money deposited by the county treasurer in time accounts be secured by

44-22 the same types of collateral and in the same manner as allowed for securing

44-23 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 accept

44-25 county deposits.

44-26 Sec. 71. NRS 356.130 is hereby amended to read as follows:

44-27 356.130 Whenever the written consent of any bondsman or bondsmen

44-28 to deposit the county [funds] money in any insured banks , credit unions or

44-29 savings and loan associations has not been obtained, [such] the bondsman

44-30 or bondsmen [shall,] must, upon giving notice as required by law, be

44-31 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:

44-33 356.140 1. [Such accounts shall] The accounts must be kept in the

44-34 name of the county in such manner as the board of county commissioners

44-35 may prescribe.

44-36 2. The balances in such insured banks , credit unions or savings and

44-37 loan associations, as certified to by the proper officer thereof, and by oath of

44-38 the county treasurer, may be counted as cash.

44-39 Sec. 73. NRS 356.150 is hereby amended to read as follows:

44-40 356.150 All money deposited in any insured depository bank [or

44-41 insured] , credit union or savings and loan association by the county

44-42 treasurer may be drawn out by a check or order of the county treasurer at

44-43 any time without previous notice, but no withdrawal of such deposit or

45-1 deposits, except by the county auditor’s warrant in the manner set forth in

45-2 NRS 356.180, may be made by the county treasurer except by a check or

45-3 order which has been countersigned by the county auditor.

45-4 Sec. 74. NRS 356.160 is hereby amended to read as follows:

45-5 356.160 A warrant of the county auditor shall be a check or order of the

45-6 county treasurer, and shall be paid by the depository bank , credit union or

45-7 savings and loan association designated thereon, when registered,

45-8 countersigned, and the bank , credit union or savings and loan association

45-9 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:

45-11 356.170 The county treasurer shall keep a register which shall show

45-12 separately the amount of county money on deposit with every insured

45-13 depository bank , credit union or savings and loan association, and shall list

45-14 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:

45-17 356.180 Whenever any warrant of the county auditor is presented to the

45-18 county treasurer for payment, the warrant becomes a check or order of the

45-19 county treasurer if the county treasurer endorses thereon the name of the

45-20 insured depository bank [or insured] , credit union or savings and loan

45-21 association, where payable, and a number, as provided in NRS 356.170, and

45-22 countersigns his name thereto as county treasurer.

45-23 Sec. 77. NRS 356.200 is hereby amended to read as follows:

45-24 356.200 1. With unanimous consent of their bondsmen, county

45-25 officers, other than county treasurers, may deposit county money received in

45-26 their respective offices in any insured bank, [or any insured] credit union or

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 has

45-29 not been obtained, the bondsman must, upon giving notice as required by

45-30 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 manner

45-32 as the board of county commissioners may prescribe.

45-33 4. The balances in the insured banks , credit unions or savings and loan

45-34 associations, as certified by the proper officer thereof, and by oath of the

45-35 county treasurer, may be counted as cash.

45-36 5. All money deposited in any depository bank , credit union or savings

45-37 and loan association by such a county officer may be drawn out by him on

45-38 check or order payable only to the county treasurer or his order, but every

45-39 county assessor may also withdraw money received in payment for license

45-40 fees for motor vehicles by check or order payable to the department of

45-41 motor vehicles and public safety, and may also withdraw money received in

45-42 payment for use taxes for motor vehicles by check or order payable to the

45-43 department of taxation.

46-1 6. The county officer shall keep a register which shows the amount of

46-2 county money on deposit and lists every check or order drawn upon the

46-3 depository bank , credit union or savings and loan association, numbering

46-4 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 deposit

46-7 not later than the [1st] first Monday of each month and whenever the

46-8 deposit exceeds $100 for the full amount of county money deposited

46-9 therein, a withdrawal to be by check or order payable to the county

46-10 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 any

46-12 court pursuant to NRS 355.210.

46-13 Sec. 78. NRS 360.278 is hereby amended to read as follows:

46-14 360.278 The department and the state board of finance may enter into

46-15 contracts for armored car service or engage such service where necessary

46-16 [in order] to transport to the designated banks or credit unions any

46-17 [moneys] money collected in the offices of the department.

46-18 Sec. 79. NRS 360.510 is hereby amended to read as follows:

46-19 360.510 1. If any person is delinquent in the payment of any tax or

46-20 fee administered by the department or if a determination has been made

46-21 against him which remains unpaid, the department may:

46-22 (a) Not later than 3 years after the payment became delinquent or the

46-23 determination became final; or

46-24 (b) Not later than 5 years after the last recording of an abstract of

46-25 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 by

46-27 registered or certified mail to any person, including, without limitation, any

46-28 officer or department of the state or any political subdivision or agency of

46-29 the state, who has in his possession or under his control any credits or other

46-30 personal property belonging to the delinquent, or owing any debts to the

46-31 delinquent or person against whom a determination has been made which

46-32 remains unpaid, or owing any debts to the delinquent or that person. In the

46-33 case of any state officer, department or agency, the notice must be given to

46-34 the officer, department or agency before it presents the claim of the

46-35 delinquent taxpayer to the state controller.

46-36 2. A state officer, department or agency which receives such a notice

46-37 may satisfy any debt owed to it by that person before it honors the

46-38 department’s notice.

46-39 3. After receiving the demand to transmit, the persons so notified may

46-40 not transfer or otherwise dispose of the credits, other personal property, or

46-41 debts in their possession or under their control at the time they received the

46-42 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 the

47-2 demand to transmit, inform the department of, and transmit to the

47-3 department all such credits, other personal property, or debts in their

47-4 possession, under their control or owing by them within the time and in the

47-5 manner requested by the department. Except as otherwise provided in

47-6 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 of

47-8 payments owed to him, the person who owes or controls the payments shall

47-9 transmit the payments to the department until otherwise notified by the

47-10 department. If the debt of the delinquent taxpayer is not paid within 1 year

47-11 after the department issued the original demand to transmit, it shall issue

47-12 another demand to transmit to the person responsible for making the

47-13 payments informing him to continue to transmit payments to the department

47-14 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 other

47-16 disposition of a deposit in a bank or credit union or other credits or

47-17 personal property in the possession or under the control of a bank , credit

47-18 union or other depository institution, the notice must be delivered or mailed

47-19 to the branch or office of the bank , credit union or other depository

47-20 institution at which the deposit is carried or at which the credits or personal

47-21 property is held.

47-22 7. If any person so notified makes any transfer or other disposition of

47-23 the property or debts required to be withheld or transmitted, to the extent of

47-24 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 to

47-28 whose obligation the notice was given if solely by reason of the transfer or

47-29 other disposition the state is unable to recover the indebtedness of the

47-30 person with respect to whose obligation the notice was given.

47-31 Sec. 80. NRS 364A.140 is hereby amended to read as follows:

47-32 364A.140 1. A tax is hereby imposed upon the privilege of

47-33 conducting business in this state. The tax for each calendar quarter is due on

47-34 the last day of the quarter and must be paid on or before the last day of the

47-35 month immediately following the quarter on the basis of the total number of

47-36 equivalent full-time employees employed by the business in the quarter.

47-37 2. The total number of equivalent full-time employees employed by the

47-38 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, the

47-40 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 the

47-43 department with each remittance of the tax. If the payment due is greater

48-1 than $1,000, the payment must be made by direct deposit at a bank or credit

48-2 union in which the state has an account, unless the department waives this

48-3 requirement pursuant to regulations adopted by the commission. The return

48-4 must include a statement of the number of equivalent full-time employees

48-5 employed by the business in the preceding quarter and any other

48-6 information the department determines is necessary.

48-7 5. The commission shall adopt regulations concerning the payment of

48-8 the tax imposed pursuant to this section by direct deposit.

48-9 Sec. 81. NRS 387.090 is hereby amended to read as follows:

48-10 387.090 The board of trustees of each school district and the governing

48-11 body of each charter school may:

48-12 1. Operate or provide for the operation of programs of nutrition in the

48-13 public schools under their jurisdiction.

48-14 2. Use therefor money disbursed to them pursuant to the provisions of

48-15 NRS 387.070 to 387.105, inclusive, gifts, donations and other money

48-16 received from the sale of food under those programs.

48-17 3. Deposit the money in one or more accounts in [a bank or] one or

48-18 more banks or credit unions within the state.

48-19 4. Contract with respect to food, services, supplies, equipment and

48-20 facilities for the operation of the programs.

48-21 Sec. 82. NRS 394.271 is hereby amended to read as follows:

48-22 394.271 1. Except as otherwise provided in this section, at the time

48-23 application is made for an agent’s permit, a license to operate or a license

48-24 renewal, the superintendent shall require the elementary or secondary

48-25 educational institution making the application to file a good and sufficient

48-26 surety bond in the sum of not less than $5,000. The bond must be executed

48-27 by the applicant as principal and by a surety company qualified and

48-28 authorized to do business in this state. The bond must be made payable to

48-29 the State of Nevada and be conditioned to provide indemnification to any

48-30 pupil, enrollee or his parent or guardian determined to have suffered

48-31 damage as a result of any act by any elementary or secondary educational

48-32 institution or its agent which is a violation of any provision of NRS 394.201

48-33 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, upon

48-35 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 surety

48-37 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’s

48-39 permit, as appropriate, except when a surety is released.

48-40 3. A surety on any bond filed pursuant to this section may be released

48-41 after the surety gives 30 days’ written notice to the superintendent, but the

48-42 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 the

49-1 elementary or secondary educational institution or agent which is alleged to

49-2 have occurred while the bond was in effect, nor for an institution’s closing

49-3 operations during the term for which tuition had been paid while the bond

49-4 was in force.

49-5 4. In lieu of the bond otherwise required by this section, an institution

49-6 may purchase a certificate of deposit in an amount of not less than $5,000

49-7 from a financial institution insured by an agency of the Federal Government

49-8 [.] or by a private insurer approved pursuant to NRS 678.755. The deposit

49-9 may be withdrawn only on the order of the superintendent, except that the

49-10 interest may accrue to the institution. Any pupil, enrollee or his parent or

49-11 guardian who suffers damage as the result of an act described in subsection

49-12 1 may bring and maintain an action to recover against the certificate of

49-13 deposit.

49-14 5. A license or an agent’s permit is suspended by operation of law when

49-15 the institution or agent is no longer covered by a surety bond as required by

49-16 this section and no deposit has been made pursuant to subsection 4 or the

49-17 deposit has been withdrawn. If a bond has been filed, the superintendent

49-18 shall give the institution or agent, or both, at least 30 days’ written notice

49-19 before the release of the surety that the license or permit will be suspended

49-20 by operation of law until another surety bond is filed in the same manner

49-21 and amount as the bond being terminated.

49-22 Sec. 83. NRS 396.383 is hereby amended to read as follows:

49-23 396.383 1. The University and Community College System of

49-24 Nevada accounts payable revolving fund is hereby created. The board of

49-25 regents may deposit the money of the fund in [any] one or more state or

49-26 national [bank or] banks or credit unions in the State of Nevada.

49-27 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 board

49-29 of regents may by rule prescribe.

49-30 (b) Submit claims to the state board of examiners for money of the

49-31 system on deposit in the state treasury or elsewhere to replace money paid

49-32 from the University and Community College System of Nevada accounts

49-33 payable revolving fund.

49-34 Sec. 84. NRS 396.7954 is hereby amended to read as follows:

49-35 396.7954 Any [moneys] money received by the board of regents [in] on

49-36 behalf of the desert research institute pursuant to NRS 396.7952, may be

49-37 deposited by the board of regents to the credit of the desert research institute

49-38 in [any] one or more state or national [bank or] banks or credit unions in

49-39 the State of Nevada. Such deposits may be either time deposits or on open

49-40 account subject to check without notice. The board of regents may act

49-41 through any authorized agent or agents in depositing or withdrawing any

49-42 [moneys] money in such accounts.

50-1 Sec. 85. NRS 396.7974 is hereby amended to read as follows:

50-2 396.7974 Any money received by the board of regents on behalf of the

50-3 ethics institute pursuant to NRS 396.7972, may be deposited by the board of

50-4 regents to the credit of the ethics institute in any [federally insured] financial

50-5 institution in the State of Nevada [.] that is federally insured or insured by

50-6 a private insurer approved pursuant to NRS 678.755. The board of regents

50-7 may act through any authorized agent in depositing or withdrawing any

50-8 money in such an account.

50-9 Sec. 86. NRS 396.815 is hereby amended to read as follows:

50-10 396.815 "Commercial bank" means [a] :

50-11 1. A state or national bank or trust company [which] that is a member

50-12 of the Federal Deposit Insurance Corporation, including , without limitation

50-13 [any trust bank as herein defined.] , a branch of the Federal Reserve Bank.

50-14 2. A credit union whose deposits are insured by the National Credit

50-15 Union Share Insurance Fund or by a private insurer approved pursuant

50-16 to NRS 678.755.

50-17 Sec. 87. NRS 396.836 is hereby amended to read as follows:

50-18 396.836 "Trust bank" means [a] :

50-19 1. A commercial bank [which] that is authorized to exercise and is

50-20 exercising trust powers . [and also means any]

50-21 2. A branch of the Federal Reserve Bank.

50-22 3. A credit union whose deposits are insured by the National Credit

50-23 Union Share Insurance Fund or by a private insurer approved pursuant

50-24 to NRS 678.755 that is authorized to exercise and is exercising trust

50-25 powers.

50-26 Sec. 88. NRS 408.227 is hereby amended to read as follows:

50-27 408.227 1. The state highway payroll clearing account is hereby

50-28 established to pay the payroll of the department. As the payroll warrants are

50-29 presented to the state highway payroll clearing account for payment, the

50-30 state treasurer shall reimburse the state highway payroll clearing account.

50-31 2. The director shall place the state highway payroll clearing account in

50-32 one or more banks or credit unions of reputable standing which have been

50-33 approved by the state board of finance.

50-34 Sec. 89. NRS 408.240 is hereby amended to read as follows:

50-35 408.240 1. The state highway revolving account is hereby established

50-36 in an amount not to exceed $500,000. The money in the account may be

50-37 used by the department to provide advances to employees of the department

50-38 for travel expenses and subsistence allowances and for paying travel

50-39 expenses and subsistence allowances and other charges and obligations

50-40 requiring prompt payment, and for no other purposes.

50-41 2. The state controller shall draw his warrant to establish an amount of

50-42 $125,000 in the account. Thereafter, upon written request of the board, as it

50-43 deems increases in the account to be necessary, the controller shall draw

51-1 additional warrants. Upon presentation of such a warrant to the state

51-2 treasurer, the state treasurer shall pay it.

51-3 3. All money paid by the department from the state highway revolving

51-4 account must, after payment thereof, be passed upon by the state board of

51-5 examiners in the same manner as other claims against the state. When

51-6 approved by the state board of examiners, the state controller shall draw his

51-7 warrant for the amount of the money paid in favor of the state highway

51-8 revolving account to be paid to the order of the director, and the state

51-9 treasurer shall pay the warrant.

51-10 4. The director shall deposit the state highway revolving account in one

51-11 or more banks or credit unions of reputable standing and secure the deposit

51-12 by a depositary bond satisfactory to the state board of examiners.

51-13 5. A least once each calendar quarter, the director shall transfer any

51-14 interest and other income earned on the money in the state highway

51-15 revolving account to the state highway fund.

51-16 Sec. 90. NRS 408.383 is hereby amended to read as follows:

51-17 408.383 1. Except as otherwise provided in subsection 2, the director

51-18 may pay at the end of each calendar month, or as soon thereafter as

51-19 practicable, to any contractor satisfactorily performing any highway

51-20 improvement or construction as the work progresses in full for the work as

51-21 completed but not more than 95 percent of the entire contract price. The

51-22 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 expended

51-24 thereon. The remaining 5 percent, but not more than $50,000, must be

51-25 retained until the entire contract is completed satisfactorily and accepted by

51-26 the director.

51-27 2. If the work in progress is being performed on a satisfactory basis, the

51-28 director may reduce the percentage retained if he finds that sufficient

51-29 reasons exist for additional payment and has obtained written approval from

51-30 every surety furnishing bonds for the work. Any remaining money must be

51-31 retained until the entire contract is completed satisfactorily and accepted by

51-32 the director.

51-33 3. If it becomes necessary for the department to take over the

51-34 completion of any highway contract or contracts, all of the amounts owing

51-35 the contractor, including the withheld percentage, must first be applied

51-36 toward the cost of completion of the contract or contracts. Any balance

51-37 remaining in the retained percentage after completion by the department is

51-38 payable to the contractor or the contractor’s creditors.

51-39 4. Such retained percentage as may be due any contractor is due and

51-40 payable at the expiration of the 30-day period as provided in NRS 408.363

51-41 for filing of creditors’ claims, and this retained percentage is due and

51-42 payable to the contractor at that time without regard to creditors’ claims

51-43 filed with the department.

52-1 5. The contractor under any contract made or awarded by the

52-2 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 sums

52-5 otherwise due to the contractor under the contract which are retained by the

52-6 department, pursuant to the terms of the contract, if the contractor deposits

52-7 with the director:

52-8 (a) United States treasury bonds, United States treasury notes, United

52-9 States treasury certificates of indebtedness or United States treasury bills;

52-10 (b) Bonds or notes of the State of Nevada; or

52-11 (c) General obligation bonds of any political subdivision of the State of

52-12 Nevada.

52-13 Certificates of deposit must be of a market value not exceeding par, at the

52-14 time of deposit, but at least equal in value to the amount so withdrawn from

52-15 payments retained under the contract.

52-16 6. The director has the power to enter into a contract or agreement with

52-17 any national bank, state bank, credit union, trust company or safe deposit

52-18 company located in the State of Nevada, designated by the contractor after

52-19 notice to the owner and surety, to provide for the custodial care and

52-20 servicing of any obligations deposited with him pursuant to this section.

52-21 Such services include the safekeeping of the obligations and the rendering

52-22 of all services required to effectuate the purposes of this section.

52-23 7. The director or any national bank, state bank, credit union, trust

52-24 company or safe deposit company located in the State of Nevada,

52-25 designated by the contractor to serve as custodian for the obligations

52-26 pursuant to subsection 6, shall collect all interest or income when due on the

52-27 obligations so deposited and shall pay them, when and as collected, to the

52-28 contractor who deposited the obligation. If the deposit is in the form of

52-29 coupon bonds, the director shall deliver each coupon as it matures to the

52-30 contractor.

52-31 8. Any amount deducted by the State of Nevada, or pursuant to the

52-32 terms of a contract, from the retained payments otherwise due to the

52-33 contractor thereunder, must be deducted first from that portion of the

52-34 retained payments for which no obligation has been substituted, then from

52-35 the proceeds of any deposited obligation. In the latter case, the contractor is

52-36 entitled to receive the interest, coupons or income only from those

52-37 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:

52-39 417.130 1. Notwithstanding the provisions of subsection 2 of NRS

52-40 417.110, the executive director may receive a fee, in an amount set by the

52-41 court, for his guardianship services in any estate where the ward dies

52-42 leaving no will or heirs.

53-1 2. The fee must be deposited in a bank or credit union in an account

53-2 for veterans’ relief.

53-3 Sec. 92. NRS 417.140 is hereby amended to read as follows:

53-4 417.140 1. The money in the account for veterans’ relief must, in the

53-5 discretion of the executive director, be used to aid destitute veterans and

53-6 their dependents.

53-7 2. The executive director shall deposit the money in the account in:

53-8 (a) A savings account in a bank [.] or credit union.

53-9 (b) A commercial checking account in a bank [.] or credit union.

53-10 3. The executive director shall keep an accurate record of any receipt or

53-11 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:

53-17 423.085 Each superintendent may establish a savings account with a

53-18 bank , credit union or a savings and loan association authorized to do

53-19 business in this state. The superintendent may place in the account money

53-20 that was not appropriated by the State of Nevada but which is held for the

53-21 benefit of the children in:

53-22 1. The children’s home; or

53-23 2. Any other home or structure in which shelter and care is provided to

53-24 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:

53-26 423.135 1. The Nevada children’s gift revolving account is hereby

53-27 created. All money in the Nevada children’s gift revolving account must be

53-28 deposited in a financial institution qualified to receive deposits of public

53-29 money and must be secured with a depository bond that is satisfactory to the

53-30 state board of examiners, unless it is otherwise secured by the Federal

53-31 Deposit Insurance Corporation [.] , the National Credit Union Share

53-32 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 be

53-34 distributed by the division to foster parents, upon request, on the basis of

53-35 need, to pay the costs associated with participation by a child in foster care

53-36 in intramural, recreational, social, school and sports-related activities,

53-37 including, but not limited to, uniforms and equipment, the rental of musical

53-38 instruments, registration fees and art lessons.

53-39 3. All requests for distributions of money from the Nevada children’s

53-40 gift revolving account must be made to the division in writing. The person

53-41 making the request must demonstrate that all other resources for money to

53-42 pay for the activity have been exhausted.

54-1 4. The division shall develop policies for the administration of this

54-2 section.

54-3 5. Purchases made by the division pursuant to this section are exempt

54-4 from the provisions of the State Purchasing Act.

54-5 6. The balance in the Nevada children’s gift revolving account must be

54-6 carried forward at the end of each fiscal year.

54-7 Sec. 95. NRS 426.565 is hereby amended to read as follows:

54-8 426.565 1. There is hereby created the services to the blind revolving

54-9 account, in the amount of $25,000, which must be used by the chief for the

54-10 purposes of:

54-11 (a) Providing inventories of tools, aids, appliances, supplies and other

54-12 accessories used by the blind; and

54-13 (b) Payment of the claims of applicants for or recipients of services of

54-14 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 accessories

54-17 used by the blind at cost or at cost plus the costs of administration and

54-18 receipts must be deposited forthwith in the services to the blind revolving

54-19 account.

54-20 2. The chief shall deposit the money in the services to the blind

54-21 revolving account in a bank or credit union qualified to receive deposits of

54-22 public money. The deposit must be secured by a depository bond

54-23 satisfactory to the state board of examiners, unless otherwise secured by the

54-24 Federal Deposit Insurance Corporation [.] , the National Credit Union

54-25 Share Insurance Fund or a private insurer approved pursuant to NRS

54-26 678.755.

54-27 3. Purchases made for the purpose of providing and maintaining the

54-28 inventories authorized by subsection 1 are exempt from the provisions of

54-29 the State Purchasing Act at the discretion of the chief of the purchasing

54-30 division of the department of administration or his designated

54-31 representative.

54-32 4. The bureau shall:

54-33 (a) Maintain current inventory records of all merchandise charged to the

54-34 services to the blind revolving account;

54-35 (b) Conduct a periodic physical count of all the merchandise; and

54-36 (c) Reconcile the results of the periodic physical count with all assets and

54-37 liabilities of the account.

54-38 The balance in the revolving account must equal $25,000 after subtracting

54-39 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 applicants

54-41 for or recipients of services from the bureau and vendors providing services

54-42 to those applicants or recipients, including maintenance and transportation,

54-43 from the services to the blind revolving account, the chief shall present a

55-1 claim to the state board of examiners. When approved by the state board of

55-2 examiners, the state controller shall draw his warrant in the amount of the

55-3 claim in favor of the services to the blind revolving account and the state

55-4 treasurer shall pay it. The receipt must be deposited forthwith in the services

55-5 to the blind revolving account.

55-6 Sec. 96. NRS 426.677 is hereby amended to read as follows:

55-7 426.677 1. The bureau may, in interim periods when no blind licensee

55-8 is available to operate a vending facility and its continuous operation is

55-9 required, establish a checking account in a depository bank or credit union

55-10 qualified to receive deposits of public money pursuant to chapter 356 of

55-11 NRS. All money received from the vending facility during the interim

55-12 period must be deposited to the account and all expenses necessary to

55-13 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 a

55-15 temporary disability, the bureau shall prepare a financial report and close

55-16 the checking account by making a check in the amount of any balance

55-17 remaining in the account payable to the licensee.

55-18 3. If a blind licensee other than the one who previously operated the

55-19 facility is permanently assigned to it, the bureau shall prepare a financial

55-20 report and close the checking account by making a check in the amount of

55-21 any balance remaining in the account payable to the business enterprise

55-22 account for the blind.

55-23 Sec. 97. NRS 432.038 is hereby amended to read as follows:

55-24 432.038 Subject to the approval and regulations of the state board of

55-25 examiners, the division may maintain an account in a bank [account] or

55-26 credit union for the purchase of birth certificates, death certificates and

55-27 other records of vital statistics [records] necessary to perform eligibility and

55-28 other case-work functions of the division pursuant to NRS 432.010 to

55-29 432.085, inclusive.

55-30 Sec. 98. NRS 432.095 is hereby amended to read as follows:

55-31 432.095 1. There is hereby created the placement prevention

55-32 revolving account in the amount of $25,000 to be used for the payment of

55-33 claims of recipients of goods or services from the division and vendors

55-34 providing goods or services to those recipients pursuant to procedures

55-35 established by the division.

55-36 2. Upon written request from the administrator, the state controller shall

55-37 draw his warrant from money already authorized for the use of the division

55-38 in the sum of $25,000. When the warrant is paid, the administrator shall

55-39 deposit the money in a financial institution qualified to receive deposits of

55-40 public money. All money deposited in the placement prevention revolving

55-41 account pursuant to this section must be secured with a depository bond that

55-42 is satisfactory to the state board of examiners, unless it is otherwise secured

55-43 by the Federal Deposit Insurance Corporation [.] , the National Credit

56-1 Union Share Insurance Fund or a private insurer approved pursuant to

56-2 NRS 678.755.

56-3 3. After an expenditure of money from the placement prevention

56-4 revolving account, the administrator shall present a claim to the state board

56-5 of examiners to maintain a balance of $25,000. If the claim is approved by

56-6 the state board of examiners, the state controller shall draw his warrant from

56-7 money already authorized for the use of the division in the amount of the

56-8 claim in favor of the placement prevention revolving account, and the state

56-9 treasurer shall pay the warrant.

56-10 4. Money in the placement prevention revolving account does not revert

56-11 to the state general fund at the end of the fiscal year, and the balance in the

56-12 account must be carried forward.

56-13 5. Purchases made by the division pursuant to this section are exempt

56-14 from the State Purchasing Act.

56-15 Sec. 99. NRS 433.424 is hereby amended to read as follows:

56-16 433.424 A mental health and mental retardation center revolving

56-17 account up to the amount of $5,000 is hereby created for each division

56-18 mental health and mental retardation center, and may be used for the

56-19 payment of mental health or mental retardation center bills requiring

56-20 immediate payment and for no other purposes. The respective

56-21 administrative officers shall deposit the money for the respective revolving

56-22 accounts in one or more banks or credit unions of reputable standing.

56-23 Payments made from each account must be promptly reimbursed from

56-24 appropriated money of the respective mental health or mental retardation

56-25 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:

56-27 433.539 1. There may be maintained as a trust fund at each division

56-28 facility a clients’ personal deposit fund.

56-29 2. Money coming into the possession of the administrative officer of a

56-30 division facility which belongs to a client must be credited in the fund in the

56-31 name of that client.

56-32 3. When practicable, individual credits in the fund must not exceed the

56-33 sum of $300.

56-34 4. Any amounts to the credit of a client may be used for purchasing

56-35 personal necessities, for expenses of burial or may be turned over to the

56-36 client upon his demand, except that when the client is adjudicated mentally

56-37 incompetent the guardian of his estate has the right to demand and receive

56-38 the money.

56-39 5. An amount accepted for the benefit of a client for a special purpose

56-40 must be reserved for that purpose regardless of the total amount to the credit

56-41 of the client.

56-42 6. Except as otherwise provided in subsection 7, the administrative

56-43 officers shall deposit any money received for the funds of their respective

57-1 facilities in commercial accounts with one or more banks or credit unions

57-2 of reputable standing. When deposits in a commercial account exceed

57-3 $15,000, the administrative officer may deposit the excess in a savings

57-4 account paying interest in any reputable commercial bank, or in any

57-5 [federally insured] credit union or savings and loan association within [the

57-6 state.] this state that is federally insured or insured by a private insurer

57-7 approved pursuant to NRS 678.755. The savings account must be in the

57-8 name of the fund. Interest paid on deposits in the savings account may be

57-9 used for recreational purposes at the division facility.

57-10 7. The administrative officers may maintain at their respective division

57-11 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 their

57-13 accounts.

57-14 Sec. 101. NRS 433A.090 is hereby amended to read as follows:

57-15 433A.090 There is hereby created a revolving account for the mental

57-16 health institute in the sum of $7,500, which may be used for the payment of

57-17 bills of the institute requiring immediate payment and for no other purpose.

57-18 The administrative officer for the institute shall deposit the revolving

57-19 account in one or more banks or credit unions of reputable standing.

57-20 Payments made from the revolving account must be promptly reimbursed

57-21 from appropriated money of the institute as other claims against the state are

57-22 paid.

57-23 Sec. 102. NRS 433B.270 is hereby amended to read as follows:

57-24 433B.270 A revolving account of not more than $5,000 is hereby

57-25 created for each division facility. Money in the respective revolving

57-26 accounts may be expended only for the payment of bills of the respective

57-27 division facilities requiring immediate payment. The respective

57-28 administrative officers shall deposit the money for the respective revolving

57-29 accounts in one or more banks or credit unions of reputable standing.

57-30 Payments made from each account must be promptly reimbursed from

57-31 appropriated money of the respective division facilities on claims as other

57-32 claims against the state are paid.

57-33 Sec. 103. NRS 435.390 is hereby amended to read as follows:

57-34 435.390 1. The administrative officer of any division facility where

57-35 mentally retarded persons reside may establish a canteen operated for the

57-36 benefit of clients and employees of the facility. The administrative officer

57-37 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 the

57-39 state may be used for its operation.

57-40 3. The respective administrative officers shall deposit the money used

57-41 for the operation of the canteen in one or more banks or credit unions of

57-42 reputable standing, except that an appropriate sum may be maintained as

57-43 petty cash at each canteen.

58-1 Sec. 104. NRS 440.690 is hereby amended to read as follows:

58-2 440.690 1. The state registrar shall keep a true and correct account of

58-3 all fees received under this chapter.

58-4 2. The money collected pursuant to subsection 2 of NRS 440.700 must

58-5 be remitted by the state registrar to the state treasurer for credit to the

58-6 children’s trust account, and any other proceeds accruing to the State of

58-7 Nevada under the provisions of this chapter must be forwarded to the state

58-8 treasurer for deposit in the state general fund.

58-9 3. Upon the approval of the state board of examiners and pursuant to its

58-10 regulations, the health division may maintain an account in a bank

58-11 [account] or credit union for the purpose of refunding overpayments of fees

58-12 for vital statistics.

58-13 Sec. 105. NRS 452.160 is hereby amended to read as follows:

58-14 452.160 1. Endowment care funds must not be used for any purpose

58-15 other than to provide, through income only, for the reserves authorized by

58-16 law and for the endowment care of the cemetery in accordance with the

58-17 resolutions, bylaws, rules and regulations or other actions or instruments of

58-18 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 trust

58-24 deeds on improved real estate;

58-25 (e) [Bank deposits] Deposits in any [federally insured] bank , credit

58-26 union or savings and loan association [;] that is federally insured or

58-27 insured by a private insurer approved pursuant to NRS 678.755; or

58-28 (f) With the written approval of the administrator, any investment which

58-29 would be proper under the provisions of NRS 164.050.

58-30 Pending investment as provided in this subsection, such funds may be

58-31 deposited in [a federally insured] an account in any savings bank , credit

58-32 union or savings and loan association which is qualified to do business in

58-33 the State of Nevada [.] and which is federally insured or insured by a

58-34 private insurer approved pursuant to NRS 678.755.

58-35 3. Each cemetery authority operating an endowment care cemetery shall

58-36 submit to the administrator annually, on a form prescribed and adopted by

58-37 the administrator, a financial statement of the condition of its endowment

58-38 care fund. The statement must be accompanied by a fee of $10. If the

58-39 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:

58-42 452.720 1. Money held in trust for the endowment care of a cemetery

58-43 for pets must not be used for any purpose other than to provide, through

59-1 income only, for the reserves authorized by law and for the endowment care

59-2 of the cemetery in accordance with the resolutions, bylaws, rules and

59-3 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 trust

59-9 deeds on improved real estate;

59-10 (e) [Bank deposits] Deposits in any [federally insured] bank , credit

59-11 union or savings and loan association [;] that is federally insured or

59-12 insured by a private insurer approved pursuant to NRS 678.755; or

59-13 (f) With the written approval of the administrator, any investment which

59-14 would be proper under the provisions of NRS 164.050.

59-15 Pending investment as provided in this subsection, such money may be

59-16 deposited in [a federally insured] an account in any savings bank , credit

59-17 union or savings and loan association which is qualified to do business in

59-18 this state [.] and which is federally insured or insured by a private insurer

59-19 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 statement

59-22 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 not

59-24 received by the administrator he may, after giving 10 days’ notice, revoke

59-25 the cemetery authority’s certificate of authority.

59-26 Sec. 107. NRS 463.330 is hereby amended to read as follows:

59-27 463.330 1. Costs of administration of this chapter incurred by the

59-28 commission and the gaming control board must be paid from the state

59-29 general fund on claims presented by the commission and the board,

59-30 respectively, and approved and paid as other claims against the state are

59-31 paid. The commission and the board shall comply with the provisions of the

59-32 State Budget Act in order that legislative authorization for budgeted

59-33 expenditures may be provided.

59-34 2. In order to facilitate the confidential investigation of violations of

59-35 this chapter and the regulations adopted by the commission pursuant to [it,]

59-36 this chapter, there is hereby created the state gaming control board

59-37 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 the

59-39 amount of $10,000, and upon presentation of the warrant to the state

59-40 treasurer, he shall pay it. When the warrant is paid, the chairman shall

59-41 deposit the $10,000 in a bank or credit union of reputable standing [, which

59-42 bank] which shall secure the deposit with a depository bond satisfactory to

59-43 the state board of examiners.

60-1 3. The chairman of the board may use the revolving account to pay the

60-2 reasonable expenses of agents and employees of the board engaged in

60-3 confidential investigations concerning the enforcement of this chapter,

60-4 including the prepayment of expenses where necessary, whether such

60-5 expenses are incurred for investigation of known or suspected violations. In

60-6 allowing such expenses the chairman is not limited or bound by the

60-7 provisions of NRS 281.160.

60-8 4. After the expenditure of money from the revolving account, the

60-9 chairman of the board shall present a claim to the state board of examiners

60-10 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 the

60-12 state, but the claim must not detail the investigation made as to the agent or

60-13 employee making the investigation or the person or persons investigated. If

60-14 the state board of examiners is not satisfied with the claim, the members

60-15 thereof may orally examine the chairman concerning the claim.

60-16 5. Expenditures from the revolving account may not exceed the amount

60-17 authorized by the legislature in any [1] fiscal year.

60-18 Sec. 108. NRS 463.368 is hereby amended to read as follows:

60-19 463.368 1. A credit instrument accepted on or after June 1, 1983, and

60-20 the debt that the credit instrument represents are valid and may be enforced

60-21 by legal process.

60-22 2. A licensee or a person acting on behalf of a licensee may accept an

60-23 incomplete credit instrument which:

60-24 (a) Is signed by a patron; and

60-25 (b) States the amount of the debt in figures,

60-26 and may complete the instrument as is necessary for the instrument to be

60-27 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 affiliated

60-30 company or may complete a credit instrument in the name of an affiliated

60-31 company as payee if the credit instrument otherwise complies with this

60-32 subsection and the records of the affiliated company pertaining to the credit

60-33 instrument are made available to agents of the board upon request.

60-34 (b) May accept a credit instrument either before, at the time [,] or after

60-35 the patron incurs the debt. The credit instrument and the debt that the credit

60-36 instrument represents are enforceable without regard to whether the credit

60-37 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 a

60-39 deposit of cash, recognized traveler’s check, or any other instrument which

60-40 is equivalent to cash.

60-41 5. If a credit instrument is lost or destroyed, the debt represented by the

60-42 credit instrument may be enforced if the licensee or person if acting on

60-43 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 involving

61-2 gambling:

61-3 (a) Is not a defense in any action by a licensee or a person acting on

61-4 behalf of a licensee to enforce a credit instrument or the debt that the credit

61-5 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 only

61-8 to the penalties provided in NRS 463.310 to 463.318, inclusive. The failure

61-9 of a person to comply with the provisions of this section or the regulations

61-10 of the commission does not invalidate a credit instrument or affect the

61-11 ability to enforce the credit instrument or the debt that the credit instrument

61-12 represents.

61-13 8. The commission may adopt regulations prescribing the conditions

61-14 under which a credit instrument may be redeemed or presented to a bank or

61-15 credit union for collection or payment.

61-16 Sec. 109. NRS 481.260 is hereby amended to read as follows:

61-17 481.260 1. The director may expend money appropriated for that

61-18 purpose, as he determines necessary, to assist local law enforcement

61-19 agencies or the investigation division in the purchase of evidence and in

61-20 employing persons other than peace officers to obtain evidence.

61-21 2. Upon receiving a written request from the director for money

61-22 appropriated pursuant to this section, the state controller shall draw his

61-23 warrant, payable to the director, in an amount which does not exceed any

61-24 limit set by the legislature in the appropriation.

61-25 3. The director may keep money which he has drawn pursuant to this

61-26 section in [bank] accounts in one or more banks or credit unions or in

61-27 cash.

61-28 Sec. 110. NRS 482.3337 is hereby amended to read as follows:

61-29 482.3337 1. Each broker shall open and maintain a separate trust

61-30 account in a [federally insured] bank , credit union or savings and loan

61-31 association in this state [into which he] that is federally insured or insured

61-32 by a private insurer approved pursuant to NRS 678.755. He shall deposit

61-33 into the trust account any money received from a prospective buyer as a

61-34 deposit on a vehicle. A broker shall not:

61-35 (a) Commingle the money in the trust account with any money that is not

61-36 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 a

61-39 vehicle in an amount that exceeds 10 percent of the purchase price of the

61-40 vehicle.

61-41 Sec. 111. NRS 482.346 is hereby amended to read as follows:

61-42 482.346 1. In lieu of a bond an applicant may deposit with the

61-43 department, under terms prescribed by the department:

62-1 (a) A like amount of lawful money of the United States or bonds of the

62-2 United States or of the State of Nevada of an actual market value of not less

62-3 than the amount fixed by the department; or

62-4 (b) A savings certificate of a bank , credit union or savings and loan

62-5 association situated in Nevada, which must indicate an account of an

62-6 amount equal to the amount of the bond which would otherwise be required

62-7 by NRS 482.345 and that this amount is unavailable for withdrawal except

62-8 upon order of the department. Interest earned on the amount accrues to the

62-9 account of the applicant.

62-10 2. A deposit made pursuant to subsection 1 may be disbursed by the

62-11 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 an

62-13 action of the licensee, or released upon receipt of:

62-14 (a) A court order requiring the director to release all or a specified

62-15 portion of the deposit; or

62-16 (b) A statement signed by the person or persons under whose name the

62-17 deposit is made and acknowledged before any person authorized to take

62-18 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 release

62-20 is requested.

62-21 3. When a deposit is made pursuant to subsection 1, liability under the

62-22 deposit is in the amount prescribed by the department. If the amount of the

62-23 deposit is reduced or there is an outstanding court judgment for which the

62-24 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 amount

62-28 required under this section; or

62-29 (c) Satisfies the outstanding judgment for which he is liable under the

62-30 deposit.

62-31 4. A deposit made pursuant to subsection 1 may be refunded:

62-32 (a) By order of the director, [at the expiration of] 3 years [from] after the

62-33 date [when] the licensee ceases to be licensed by the department, if the

62-34 director is satisfied that there are no outstanding claims against the deposit;

62-35 or

62-36 (b) By order of court, at any time [prior to the expiration of] within 3

62-37 years [from] after the date the licensee ceases to be licensed by the

62-38 department, upon evidence satisfactory to the court that there are no

62-39 outstanding claims against the deposit.

62-40 5. Any money received by the department pursuant to subsection 1 must

62-41 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:

63-2 487.060 1. No license may be issued to an automobile wrecker until

63-3 he has procured and filed with the department a good and sufficient bond in

63-4 the amount of $50,000, with a corporate surety thereon licensed to do

63-5 business in the State of Nevada, approved as to form by the attorney

63-6 general, and conditioned that the applicant conducts his business as a

63-7 wrecker without fraud or fraudulent representation, and without violation of

63-8 the provisions of NRS 487.045 to [487.190,] 487.200, inclusive. The

63-9 department may, by agreement with any automobile wrecker who has been

63-10 licensed for 5 years or more by the department or a department of motor

63-11 vehicles in another state, reduce the amount of the bond of the wrecker, if

63-12 the business of that wrecker has been conducted satisfactorily for the

63-13 preceding 5 years, but no bond may be in an amount less than $5,000. The

63-14 department shall make the necessary investigation to determine whether a

63-15 wrecker licensed in another state has conducted its business satisfactorily.

63-16 2. The bond may be continuous in form and the total aggregate liability

63-17 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 the

63-19 automobile wrecker in violation of any of the provisions of NRS 487.045 to

63-20 487.160, inclusive, may apply to the director for compensation from the

63-21 bond. The director, for good cause shown and after notice and opportunity

63-22 for hearing, may determine the amount of compensation and the person to

63-23 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 the

63-25 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 State

63-27 of Nevada of an actual market value of not less than the amount fixed by the

63-28 department; or

63-29 (b) A savings certificate of a bank , credit union or savings and loan

63-30 association situated in Nevada, which must indicate an account of an

63-31 amount equal to the amount of the bond which would otherwise be required

63-32 by this section and that this amount is unavailable for withdrawal except

63-33 upon order of the department. Interest earned on the certificate accrues to

63-34 the account of the applicant.

63-35 5. A deposit made pursuant to subsection 4 may be disbursed by the

63-36 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 an

63-38 action of the licensee, or released upon receipt of:

63-39 (a) A court order requiring the director to release all or a specified

63-40 portion of the deposit; or

63-41 (b) A statement signed by the person in whose name the deposit is made

63-42 and acknowledged before any person authorized to take acknowledgments

64-1 in this state, requesting the director to release the deposit, or a specified

64-2 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 the

64-4 deposit is in the amount prescribed by the department. If the amount of the

64-5 deposit is reduced or there is an outstanding judgment for which the licensee

64-6 is liable under the deposit, the license is automatically suspended. The

64-7 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 amount

64-10 required under this section; or

64-11 (c) Satisfies the outstanding judgment for which he is liable under the

64-12 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 to

64-15 be licensed by the department, if the director is satisfied that there are no

64-16 outstanding claims against the deposit; or

64-17 (b) By order of court, at any time within 3 years after the date the

64-18 licensee ceases to be licensed by the department, upon evidence satisfactory

64-19 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 must

64-21 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:

64-23 487.420 1. No applicant may be granted a license to operate a salvage

64-24 pool until he has procured and filed with the department a good and

64-25 sufficient bond in the amount of $50,000, with a corporate surety thereon

64-26 licensed to do business in the State of Nevada, approved as to form by the

64-27 attorney general, and conditioned that the applicant conducts his business as

64-28 an operator of a salvage pool without fraud or fraudulent representation, and

64-29 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 who

64-31 has been licensed by the department for 5 years or more, allow a reduction

64-32 in the amount of his bond, if his business has been conducted satisfactorily

64-33 for the preceding 5 years, but no bond may be in an amount less than

64-34 $5,000.

64-35 2. The bond may be continuous in form and the total aggregate liability

64-36 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 the

64-38 operator of the salvage pool in violation of any of the provisions of NRS

64-39 487.400 to 487.510, inclusive, may apply to the director for compensation

64-40 from the bond. The director, for good cause shown and after notice and

64-41 opportunity for hearing, may determine the amount of compensation and the

64-42 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 the

65-2 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 State

65-4 of Nevada of an actual market value of not less than the amount fixed by the

65-5 department; or

65-6 (b) A savings certificate of a bank , credit union or savings and loan

65-7 association situated in Nevada, which must indicate an account of an

65-8 amount equal to the amount of the bond which would otherwise be required

65-9 by this section and that this amount is unavailable for withdrawal except

65-10 upon order of the department. Interest earned on the certificate accrues to

65-11 the account of the applicant.

65-12 5. A deposit made pursuant to subsection 4 may be disbursed by the

65-13 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 an

65-15 action of the licensee, or released upon receipt of:

65-16 (a) A court order requiring the director to release all or a specified

65-17 portion of the deposit; or

65-18 (b) A statement signed by the person under whose name the deposit is

65-19 made and acknowledged before any person authorized to take

65-20 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 release

65-22 is requested.

65-23 6. When a deposit is made pursuant to subsection 4, liability under the

65-24 deposit is in the amount prescribed by the department. If the amount of the

65-25 deposit is reduced or there is an outstanding judgment of a court for which

65-26 the licensee is liable under the deposit, the license is automatically

65-27 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 amount

65-30 required under this section; or

65-31 (c) Satisfies the outstanding judgment for which he is liable under the

65-32 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 to

65-35 be licensed by the department, if the director is satisfied that there are no

65-36 outstanding claims against the deposit; or

65-37 (b) By order of court, at any time within 3 years after the date the licensee

65-38 ceases to be licensed by the department, upon evidence satisfactory to the

65-39 court that there are no outstanding claims against the deposit.

65-40 8. Any money received by the department pursuant to subsection 4 must

65-41 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:

66-2 487.640 1. No license may be issued to an operator of a body shop

66-3 until he procures and files with the department a good and sufficient bond in

66-4 the amount of $10,000, with a corporate surety thereon licensed to do

66-5 business in the State of Nevada, approved as to form by the attorney

66-6 general, and conditioned that the applicant shall conduct his business as an

66-7 operator of a body shop without fraud or fraudulent representation, and in

66-8 compliance with the provisions of NRS 487.035, [487.610] 487.600 to

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 by

66-11 the department for 5 years or more, allow a reduction in the amount of the

66-12 bond of the operator, if the business of the operator has been conducted

66-13 satisfactorily for the preceding 5 years, but no bond may be in an amount

66-14 less than $1,000.

66-15 2. The bond may be continuous in form and the total aggregate liability

66-16 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 the

66-18 operator of the body shop in violation of any of the provisions of NRS

66-19 487.035, [487.610] 487.600 to 487.690, inclusive, and 597.480 to 597.590,

66-20 inclusive, may apply to the director for compensation from the bond. The

66-21 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 to

66-23 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 the

66-25 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 State

66-27 of Nevada of an actual market value of not less than the amount fixed by the

66-28 department; or

66-29 (b) A savings certificate of a bank , credit union or savings and loan

66-30 association situated in Nevada, which must indicate an account of an

66-31 amount equal to the amount of the bond which would otherwise be required

66-32 by this section and that this amount is unavailable for withdrawal except

66-33 upon order of the department. Interest earned on the certificate accrues to

66-34 the account of the applicant.

66-35 5. A deposit made pursuant to subsection 4 may be disbursed by the

66-36 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 an

66-38 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 specified

66-40 portion of the deposit; or

66-41 (b) A statement signed by the person under whose name the deposit is

66-42 made and acknowledged before any person authorized to take

66-43 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 release

67-2 is requested.

67-3 6. When a deposit is made pursuant to subsection 4, liability under the

67-4 deposit is in the amount prescribed by the department. If the amount of the

67-5 deposit is reduced or there is an outstanding judgment of a court for which

67-6 the licensee is liable under the deposit, the license is automatically

67-7 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 amount

67-10 required under this section; or

67-11 (c) Satisfies the outstanding judgment for which he is liable under the

67-12 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 to

67-15 be licensed by the department, if the director is satisfied that there are no

67-16 outstanding claims against the deposit; or

67-17 (b) By order of court, at any time within 3 years after the date the

67-18 licensee ceases to be licensed by the department, upon evidence satisfactory

67-19 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 must

67-21 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:

67-23 489.724 1. All down payments, deposits of earnest money, proceeds

67-24 of loans or other money which a dealer receives, on behalf of his principal

67-25 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 this

67-27 state whose deposits are insured by an agency of the Federal Government [.]

67-28 or by a private insurer approved pursuant to NRS 678.755.

67-29 2. Every dealer required to maintain a separate or trust account shall

67-30 keep records of all money deposited therein. The records must clearly

67-31 indicate the date and from whom he received money, the date deposited, the

67-32 dates of withdrawals, and other pertinent information concerning the

67-33 transaction, and must show clearly for whose account the money is

67-34 deposited and to whom the money belongs. All such records and money are

67-35 subject to inspection and audit by the division and its authorized

67-36 representatives. All such separate trust accounts must designate the dealer as

67-37 trustee and provide for the withdrawal of money without previous notice.

67-38 3. All money deposited in a separate trust account from down

67-39 payments, deposits of earnest money, proceeds of loans or other money

67-40 received by a dealer from a person pursuant to a written contract signed by

67-41 the dealer and that person must not be withdrawn from the account except to

67-42 pay specific expenses as authorized by the written contract.

68-1 4. Each dealer shall notify the division of the names of the financial

68-2 institutions in which he maintains trust accounts and specify the names of

68-3 the accounts on forms provided by the division.

68-4 Sec. 116. NRS 501.359 is hereby amended to read as follows:

68-5 501.359 1. The wildlife imprest account in the amount of $15,000 is

68-6 hereby created for the use of the division, subject to the following

68-7 conditions:

68-8 (a) The money must be deposited in a bank or credit union qualified to

68-9 receive deposits of public money, except that $500 must be kept in the

68-10 custody of an employee designated by the administrator for immediate use

68-11 for purposes set forth in this section.

68-12 (b) The account must be replenished periodically from the wildlife

68-13 account in the state general fund upon approval of expenditures as required

68-14 by law and submission of vouchers or other documents to indicate payment

68-15 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 for

68-18 payment from the wildlife account in the state general fund.

68-19 3. The wildlife imprest account may be used to provide money to

68-20 employees of the division for travel expenses and subsistence allowances

68-21 arising out of their official duties or employment. All advances constitute a

68-22 lien in favor of the division upon the accrued wages of the requesting

68-23 employee in an amount equal to the money advanced, but the administrator

68-24 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 any

68-26 authorized expenses and subsistence in excess of the amount advanced.

68-27 Sec. 117. NRS 522.113 is hereby amended to read as follows:

68-28 522.113 1. The owner, lessee, operator or other person who is liable

68-29 for payment of the money derived from the sale of the production from an

68-30 oil or gas well located in [the] this state shall:

68-31 (a) Pay the money directly to each person identified as being legally

68-32 entitled thereto not later than:

68-33 (1) Six months after the first day of the month following the date of

68-34 the first sale of the production, and thereafter not later than 60 days after the

68-35 end of the month within which subsequent production is sold; or

68-36 (2) Twelve months after the first day of the month following the date

68-37 of the first sale of the production, and every 12 months thereafter, if the

68-38 amount owed is $25 or less.

68-39 (b) If unable to pay timely any portion of the money because of inability

68-40 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 a [federally

68-42 insured] bank , credit union or savings and loan institution in Nevada, using

69-1 a standard escrow document form approved by the attorney general of

69-2 Nevada. The bank, credit union or savings and loan association must be

69-3 federally insured or insured by a private insurer approved pursuant to

69-4 NRS 678.755. The deposit must earn interest at the highest rate being

69-5 offered by that institution for similar deposits. The escrow agent may

69-6 commingle money so received into escrow from any one source. The escrow

69-7 agent shall pay the appropriate amount of principal and accrued interest

69-8 from such an account to a person legally entitled thereto within 30 days after

69-9 the date of receipt by the escrow agent of a final legal determination of

69-10 entitlement thereto. Applicable escrow fees must be deducted from the

69-11 payment.

69-12 2. Any person who violates the provisions of subsection 1 is liable to

69-13 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 unpaid

69-15 balance from the date the payment was due pursuant to paragraph (a) of

69-16 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 derived

69-19 from the sale of the production from an oil or gas well located in this state

69-20 to a person identified as being legally entitled to such a payment if those

69-21 persons have agreed in writing to some other period of payment for the first

69-22 payment or for subsequent payments.

69-23 Sec. 118. NRS 533.435 is hereby amended to read as follows:

69-24 533.435 1. The state engineer shall collect the following fees:

69-25 For examining and filing an application for a permit to

69-26 appropriate water $250.00

69-27 This fee includes the cost of publication, which is $50.

69-28 For examining and acting upon plans and specifications for

69-29 construction of a dam 500.00

69-30 For examining and filing an application for each permit to

69-31 change the point of diversion, manner of use or place of

69-32 use of an existing right 150.00

69-33 This fee includes the cost of the publication of the

69-34 application, which is $50.

69-35 For issuing and recording each permit to appropriate water

69-36 for any purpose, except for generating hydroelectric

69-37 power which results in nonconsumptive use of the water

69-38 or watering livestock or wildlife purposes 150.00

69-39 plus $2 per acre-foot approved or fraction thereof.

70-1 For issuing and recording each permit to change an existing

70-2 right whether temporary or permanent for any purpose,

70-3 except for generating hydroelectric power which results

70-4 in nonconsumptive use of the water, for watering

70-5 livestock or wildlife purposes which change the point of

70-6 diversion or place of use only, or for irrigational purposes

70-7 which change the point of diversion or place of use only $100.00

70-8 plus $2 per acre-foot approved or fraction thereof.

70-9 For issuing and recording each permit to change the point of

70-10 diversion or place of use only of an existing right whether

70-11 temporary or permanent for irrigational purposes 200.00

70-12 For issuing and recording each permit to appropriate or

70-13 change the point of diversion or place of use of an

70-14 existing right only whether temporary or permanent for

70-15 watering livestock or wildlife purposes for each second-

70-16 foot of water approved or fraction thereof 50.00

70-17 For issuing and recording each permit to appropriate or

70-18 change an existing right whether temporary or permanent

70-19 for water for generating hydroelectric power which

70-20 results in nonconsumptive use of the water for each

70-21 second-foot of water approved or fraction thereof 100.00

70-22 This fee must not exceed $1,000.

70-23 For filing a secondary application under a reservoir permit 200.00

70-24 For approving and recording a secondary permit under a

70-25 reservoir permit 200.00

70-26 For reviewing each tentative subdivision map 150.00

70-27 plus $1 per lot.

70-28 For storage approved under a dam permit for privately

70-29 owned nonagricultural dams which store more than 50

70-30 acre-feet 100.00

70-31 plus $1 per acre-foot storage capacity. This fee

70-32 includes the cost of inspection and must be paid

70-33 annually.

70-34 For filing proof of completion of work 10.00

70-35 For filing proof of beneficial use 50.00

70-36 For filing any protest 25.00

70-37 For filing any application for extension of time within

70-38 which to file proofs 100.00

70-39 For examining and filing a report of conveyance filed

70-40 pursuant to paragraph (a) of subsection 1 of NRS

70-41 533.384 25.00

70-42 plus $10 per conveyance document

70-43 For filing any other instrument 1.00

71-1 For making copy of any document recorded or filed in his

71-2 office, for the first page $1.00

71-3 For each additional page .20

71-4 For certifying to copies of documents, records or maps, for

71-5 each certificate 1.00

71-6 For each blueprint copy of any drawing or map, per square

71-7 foot .50

71-8 The minimum charge for a blueprint copy, per print 3.00

71-9 2. When fees are not specified in subsection 1 for work required of his

71-10 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 by

71-12 the state engineer under the provisions of this section must be deposited in

71-13 the state treasury for credit to the general fund. All fees received for

71-14 blueprint copies of any drawing or map must be kept by him and used only

71-15 to pay the costs of printing, replacement and maintenance of printing

71-16 equipment. Any publication fees received which are not used by him for

71-17 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 the

71-19 refunds, he shall deposit the fees in the state treasury for credit to the

71-20 general fund. The state engineer may maintain, with the approval of the state

71-21 board of examiners, a checking account in any bank or credit union

71-22 qualified to handle state money to carry out the provisions of this

71-23 subsection. The [bank] account must be secured by a depository bond

71-24 satisfactory to the state board of examiners to the extent the account is not

71-25 insured by the Federal Deposit Insurance Corporation [.] , the National

71-26 Credit Union Share Insurance Fund or a private insurer approved

71-27 pursuant to NRS 678.755.

71-28 Sec. 119. NRS 539.530 is hereby amended to read as follows:

71-29 539.530 All [moneys] money belonging to or in the custody of any

71-30 irrigation district within this state, or of the treasurer or other officer thereof,

71-31 shall, so far as possible, be deposited in [such] state or national [bank or]

71-32 banks or credit unions in this state as the treasurer or other officer of such

71-33 irrigation district having legal custody of such [moneys] money shall select

71-34 for the safekeeping thereof, and shall be subject to withdrawal at any time

71-35 on demand of the treasurer or other authorized officer.

71-36 Sec. 120. NRS 539.537 is hereby amended to read as follows:

71-37 539.537 1. For the security of such deposits there shall be delivered to

71-38 the treasurer of the irrigation district a bond or bonds of a corporate surety

71-39 qualified to act as sole surety on bonds or undertakings required by the laws

71-40 of this state, and approved by the commissioner of insurance as a company

71-41 possessing the qualifications required for the purpose of transacting a surety

71-42 business within this state. The penal amount of such bond or bonds shall at

72-1 no time be less than the amount of money deposited by the irrigation district

72-2 with such depositary. The bond or bonds shall secure and guarantee the full

72-3 and complete repayment to the irrigation district or the payment to its order

72-4 of all [funds] money so deposited, together with interest thereon. The

72-5 premium for such corporate surety bond or bonds, in the discretion of the

72-6 board of directors of the irrigation district, may be paid out of the [funds]

72-7 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 United

72-10 States bonds, or other securities which are legal investments for savings

72-11 banks and credit unions in this state, the market value of which shall at all

72-12 times equal the amount of [funds] money so deposited, as collateral

72-13 security, and such securities shall be placed by the treasurer in escrow in

72-14 some bank or credit union other than the depositary of the [funds] money

72-15 of the district. In the event of the failure of the depositary to repay such

72-16 [funds] money to the district on demand, or to pay the same to its order, the

72-17 securities so placed in escrow shall be redelivered to the treasurer and may

72-18 be sold by him with or without notice, and the proceeds thereof used to

72-19 reimburse the district.

72-20 Sec. 121. NRS 539.6135 is hereby amended to read as follows:

72-21 539.6135 1. Except as otherwise provided in this chapter, the

72-22 proceeds of refunding bonds must be immediately applied to the retirement

72-23 of the bonds to be refunded or be placed in escrow or trust in any trust

72-24 banks or credit unions within or without or both within and without this

72-25 state to be applied to the payment of the refunded bonds or the refunding

72-26 bonds, or both, upon their presentation therefor to the extent, in the priority

72-27 and otherwise in the manner which the board may determine.

72-28 2. The incidental costs of refunding bonds may be paid by the purchaser

72-29 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 other

72-31 available revenues of the district under the control of the board, from the

72-32 proceeds of the refunding bonds, from the interest or other yield derived

72-33 from the investment of any proceeds of the refunding bonds or other money

72-34 in escrow or trust, or from any other sources legally available therefor, or

72-35 any combination thereof, as the board may determine.

72-36 Sec. 122. NRS 539.6137 is hereby amended to read as follows:

72-37 539.6137 1. Any escrow or trust provided pursuant to NRS 539.6135

72-38 is not necessarily limited to the proceeds of refunding bonds but may

72-39 include other money available for its purpose. Any proceeds in escrow or

72-40 trust, pending their use, may only be invested or reinvested in securities

72-41 which are direct obligations of or which the principal of and interest on are

72-42 unconditionally guaranteed by the Federal Government.

73-1 2. Any trust bank or credit union shall continuously secure any money

73-2 placed in escrow or trust and not so invested or reinvested in federal

73-3 securities by a pledge in any trust banks [,] or credit unions, within or

73-4 without or both within and without [the] this state, of similar federal

73-5 securities in an amount which is at all times at least equal to the total

73-6 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 any

73-8 interest or other gain to be derived from any such investment, must be in an

73-9 amount at all times at least sufficient to pay the principal of, interest on and

73-10 any prior redemption premiums due, any charges of the escrow agent or

73-11 trustee and any other incidental expenses payable therefrom, except to the

73-12 extent provision may have been previously otherwise made therefor, as

73-13 those obligations become due at their respective maturities or due at the

73-14 designated prior redemption dates in connection with which the board has

73-15 exercised or is obligated to exercise a prior redemption option on behalf of

73-16 the district.

73-17 4. The computations made in determining that sufficiency must be

73-18 verified by a certified public accountant licensed to practice in this state or

73-19 in any other state.

73-20 Sec. 123. NRS 539.633 is hereby amended to read as follows:

73-21 539.633 The principal and interest shall be payable at the place

73-22 designated in the bonds, which may be at any place within or outside of this

73-23 state, and any district may deposit [moneys in any bank or] money in one or

73-24 more banks or credit unions within or outside of this state for the payment

73-25 of the principal or interest on such bonds at the place or places at which the

73-26 same are payable, or for any other lawful purpose.

73-27 Sec. 124. NRS 539.655 is hereby amended to read as follows:

73-28 539.655 1. Whenever any bond of an irrigation district organized and

73-29 existing under and pursuant to the laws of the State of Nevada, including

73-30 any bond authorized in any such district but not sold, which is eligible to

73-31 certification by the state controller under NRS 539.647, is presented to the

73-32 state controller, he shall attach a certificate in substantially the following

73-33 form:

73-34 Carson City, Nevada (insert date).

73-35 I, ........................, state controller of the State of Nevada, do hereby

73-36 certify that the within bond, No. ..... of issue No. ........ of the ................

73-37 Irrigation District, issued ................ (insert date), is, in accordance with

73-38 NRS 539.640 to 539.665, inclusive, a legal investment for all trust funds

73-39 and for the [funds] money of all insurance companies, banks, both

73-40 commercial and savings, credit unions, trust companies, and any [funds]

73-41 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 whenever

74-1 the bonds of any county, city or school district may be so deposited, it being

74-2 entitled to such privileges by virtue of an examination by the department of

74-3 taxation in pursuance of NRS 539.640 to 539.665, inclusive. The within

74-4 bond may also be used as security for the deposit of public money in banks

74-5 or credit unions in this state.

74-6

74-7 State Controller of the State of Nevada

74-8 2. In case of a change in the constitution or any of the laws of this state

74-9 relating to the bonds of irrigation districts, the state controller shall, if

74-10 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:

74-14 539.660 1. All bonds certified in accordance with the terms of NRS

74-15 539.640 to 539.665, inclusive, are legal investments for all trust funds, and

74-16 for the [funds] money of all insurance companies, banks, both commercial

74-17 and savings, credit unions and trust companies.

74-18 2. Whenever any money [or funds] may, by law now or hereafter

74-19 enacted, be invested in bonds of cities, counties, school districts or

74-20 municipalities in the State of Nevada, such money [or funds] may be

74-21 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 hereafter

74-23 enacted be used as security for the performance of any act, bonds of

74-24 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:

74-27 561.335 1. The revolving account for agriculture working capital in

74-28 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 provisions

74-30 of NRS [569.010] 569.005 to 569.080, inclusive, and 569.100 to 569.130,

74-31 inclusive.

74-32 3. The account may be used for:

74-33 (a) Paying the expenses of all programs and laws administered by the

74-34 division, except expenses related to estrays which are required to be paid

74-35 pursuant to NRS 569.090. The account must be reimbursed promptly from

74-36 the proper funds in the state treasury by claims paid as other claims against

74-37 the state are paid for any expenses paid pursuant to this paragraph.

74-38 (b) Providing advance money to officers and employees of the division

74-39 for travel expenses and subsistence allowances arising out of their official

74-40 duties or employment. Such an advance constitutes a lien in favor of the

74-41 division upon the accrued wages of the requesting officer or employee in an

75-1 amount equal to the sum advanced, but the administrator may advance more

75-2 than the amount of the accrued wages of the officer or employee. Upon the

75-3 return of the officer or employee, he is entitled to receive any authorized

75-4 expenses and subsistence in excess of the amount advanced, and a sum

75-5 equal to the advance must be paid into the revolving account for agriculture

75-6 working capital.

75-7 (c) Making grants and loans for any purpose authorized by subsection 2

75-8 of NRS 561.445. Any loan or grant made pursuant to this paragraph must be

75-9 reimbursed promptly, as other claims against the state are paid, from the

75-10 money deposited in the state treasury pursuant to subsection 1 of NRS

75-11 561.445.

75-12 4. The revolving account for agriculture working capital must be

75-13 deposited in a bank or credit union qualified to receive deposits of public

75-14 money and the deposit must be secured by a depository bond satisfactory to

75-15 the state board of examiners.

75-16 Sec. 127. NRS 569.090 is hereby amended to read as follows:

75-17 569.090 1. Except as otherwise provided pursuant to a cooperative

75-18 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 allowed

75-21 pursuant to NRS 569.440, out of the proceeds of the sale of the estray and

75-22 shall place the balance in an interest-bearing checking account in a bank or

75-23 credit union qualified to receive deposits of public money. The proceeds

75-24 from the sale and any interest on those proceeds, which are not claimed

75-25 pursuant to subsection 2 within 1 year after the sale, must be deposited in

75-26 the state treasury for credit to the livestock inspection account.

75-27 (b) Make a complete record of the transaction, including the marks and

75-28 brands and other means of identification of the estray, and shall keep the

75-29 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 sale

75-31 and proves ownership to the satisfaction of the division, the net amount

75-32 received from the sale must be paid to the owner.

75-33 3. If any claim pending [after the expiration of] 1 year after the date of

75-34 sale is denied, the proceeds and any interest thereon must be deposited in

75-35 the livestock inspection account.

75-36 Sec. 128. NRS 573.020 is hereby amended to read as follows:

75-37 573.020 1. A person shall not hold, operate, conduct or carry on a

75-38 public livestock auction in this state without first securing a license therefor

75-39 from the division.

75-40 2. The application for a license must be on forms prescribed and

75-41 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 public

76-2 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 public

76-5 livestock auction.

76-6 (e) The weekly or monthly sales day or days on which the applicant

76-7 proposes to operate his public livestock auction.

76-8 (f) The name and address of the bank or credit union where the custodial

76-9 account for consignors’ proceeds will be established and maintained by the

76-10 operator of the public livestock auction in compliance with the provisions of

76-11 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 the

76-14 applicant has a line of credit established at a bank or credit union in the

76-15 State of Nevada in an amount at least equal to the estimated average weekly

76-16 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 receipt

76-18 and the required fee as provided in this chapter.

76-19 Sec. 129. NRS 573.037 is hereby amended to read as follows:

76-20 573.037 1. As authorized by subsection 3 of NRS 573.030, in lieu of

76-21 filing the bond described in NRS 573.033 or 573.035, the applicant may

76-22 deliver to the administrator the receipt of a bank , credit union or trust

76-23 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 by

76-25 the owner thereof and of a market value equal at least to the required

76-26 principal amount of the bond, such cash or securities to be deposited in

76-27 escrow under an agreement conditioned as in the case of a bond. A receipt

76-28 must be accompanied by evidence that there are no unsatisfied judgments

76-29 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 in

76-31 the same manner as in the case of an action for recovery on a bond filed

76-32 under the provisions of this chapter.

76-33 3. If any licensed operator of a public livestock auction for any reason

76-34 ceases to operate such auction, the amount of money or securities deposited

76-35 in lieu of a bond must be retained by the division for 1 year. If [after the

76-36 expiration of] 1 year [from] after the cessation of such operation, no legal

76-37 action has been commenced to recover against such money or securities, the

76-38 amount thereof must be delivered to the owner thereof. If a legal action has

76-39 been commenced within such time, all such money and securities must be

76-40 held by the administrator subject to the order of a court of competent

76-41 jurisdiction.

77-1 Sec. 130. NRS 573.104 is hereby amended to read as follows:

77-2 573.104 1. Each licensee shall deposit the gross proceeds received by

77-3 him from the sale of livestock handled on a commission or agency basis in a

77-4 separate [bank] account established and maintained by the licensee in the

77-5 bank or credit union at which his line of credit, as required by paragraph

77-6 (g) of subsection 2 of NRS 573.020, is established. The separate [bank]

77-7 account must be designated a "custodial account for consignors’ proceeds."

77-8 2. The custodial account for consignors’ proceeds may be drawn on

77-9 only:

77-10 (a) For the payment of net proceeds to the consignor, or any other person

77-11 or persons of whom the licensee has knowledge who is entitled to those

77-12 proceeds;

77-13 (b) To obtain the sums due the licensee as compensation for his services;

77-14 and

77-15 (c) For such sums as are necessary to pay all legal charges against the

77-16 consignment of livestock which the licensee in his capacity as agent is

77-17 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 times

77-20 disclose the names of the consignors and the amount due to each from the

77-21 money in the custodial account for consignors’ proceeds.

77-22 (b) Maintain the custodial account for consignors’ proceeds in a manner

77-23 that will expedite examination by the administrator and reflect compliance

77-24 with the requirements of this section.

77-25 Sec. 131. NRS 573.105 is hereby amended to read as follows:

77-26 573.105 The administrator shall ascertain, at least quarterly, the

77-27 continued existence and amount of the line of credit shown pursuant to

77-28 paragraph (g) of subsection 2 of NRS 573.020, or its replacement by a line

77-29 of credit at another bank or credit union in the State of Nevada and the

77-30 amount of the replacement. If the line of credit is so replaced, the custodial

77-31 account must be transferred to the bank or credit union issuing the new line

77-32 of credit. If a line of credit in the amount required is not maintained, the

77-33 administrator shall suspend the operator’s license.

77-34 Sec. 132. NRS 573.183 is hereby amended to read as follows:

77-35 573.183 When the administrator determines, on the basis of any

77-36 verified complaint or of any inspection or investigation made by him

77-37 pursuant to this chapter, that any operator of a public livestock auction is

77-38 violating or is about to violate any provision of this chapter for the

77-39 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; or

78-1 (c) Any practice which violates any provision of this chapter or any other

78-2 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 the

78-4 operator, as required by NRS 573.104, to refrain from paying out any

78-5 money from the account.

78-6 The order ceases to be effective upon the expiration of 3 days, exclusive of

78-7 Saturdays, Sundays and other nonjudicial days, [from] after its date of

78-8 issuance unless a court has, pursuant to NRS 573.185, issued an order which

78-9 continues the restraint.

78-10 Sec. 133. NRS 576.040 is hereby amended to read as follows:

78-11 576.040 1. Each applicant to whom a license to act as a dealer, broker

78-12 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 real

78-16 property within this state subject to execution and worth, above all

78-17 exemptions, double the amount of the bond.

78-18 (3) A personal bond secured by a first deed of trust on real property

78-19 within this state which is subject to execution and worth, above all

78-20 exemptions, double the amount of the bond. When the applicant files the

78-21 bond with the division he shall also file a policy of title insurance on the real

78-22 property from a title insurance company licensed in this state which states

78-23 that the property is free and clear of all encumbrances and liens other than

78-24 the first deed of trust. The applicant shall certify under oath that the

78-25 property is worth at least twice the amount of the bond and that it is

78-26 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, the

78-28 division, conditioned for the payment of a judgment against the applicant

78-29 and arising out of the failure of the applicant or his agent to conduct his

78-30 business in accordance with the provisions of this chapter, or for

78-31 nonpayment of obligations in connection with the purchase and sale of

78-32 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 day

78-34 after any claim or judgment has been made against the bond. The aggregate

78-35 liability of any surety to all claimants is limited to the amount of the bond

78-36 for each licensing period.

78-37 (b) File a copy of the bond required by the United States pursuant to the

78-38 provisions of the Packers and Stockyards Act , [(] 7 U.S.C. § 204 . [).]

78-39 (c) Furnish other security in the amount required by this section which is

78-40 acceptable to the division.

78-41 2. In lieu of complying with one of the alternatives provided in

78-42 subsection 1, the dealer, broker or commission merchant may deliver to the

78-43 division the receipt of a bank , credit union or trust company in this state

79-1 showing the deposit with that bank , credit union or trust company of cash

79-2 or of securities endorsed in blank by the owner thereof and of a market

79-3 value equal at least to the required principal amount of the bond. The cash

79-4 or securities must be deposited in escrow under an agreement conditioned as

79-5 in the case of a bond. Any receipt must be accompanied by evidence that

79-6 there are no unsatisfied judgments against the dealer, broker or commission

79-7 merchant of record in the county or counties in which he is doing business

79-8 or resides. An action for recovery against any such deposit may be brought

79-9 in the same manner as in the case of an action for recovery on a bond filed

79-10 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 a

79-13 schedule adopted by the division; and

79-14 (b) Not less than $5,000 nor more than $100,000.

79-15 4. All bonds must be renewed or continued in accordance with

79-16 regulations adopted by the division.

79-17 5. Any licensed dealer, broker or commission merchant who knowingly

79-18 sells or otherwise encumbers real property which is the security for a bond

79-19 under subsection 1, after a policy of title insurance on that property has been

79-20 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:

79-22 598.0966 1. There is hereby created a revolving account for the

79-23 consumer affairs division of the department of business and industry in the

79-24 sum of $7,500, which must be used for the payment of expenses related to

79-25 conducting an undercover investigation of a person who is allegedly

79-26 engaging in a deceptive trade practice.

79-27 2. The commissioner shall deposit the money in the revolving account

79-28 in a bank or credit union qualified to receive deposits of public [funds]

79-29 money as provided by law, and the deposit must be secured by a depository

79-30 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; and

79-33 (b) Make withdrawals of cash from the revolving account.

79-34 4. Payments made from the revolving account must be promptly

79-35 reimbursed from the legislative appropriation, if any, to the consumer affairs

79-36 division for the expenses related to conducting an undercover investigation

79-37 of a person who is allegedly engaging in a deceptive trade practice. The

79-38 claim for reimbursement must be processed and paid as other claims against

79-39 the state are paid.

79-40 5. The commissioner shall:

79-41 (a) Approve any disbursement from the revolving account; and

79-42 (b) Maintain records of any such disbursement.

80-1 Sec. 135. NRS 598.2807 is hereby amended to read as follows:

80-2 598.2807 1. Each registrant shall deposit with the division:

80-3 (a) A bond executed by a corporate surety approved by the commissioner

80-4 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; or

80-7 (c) A certificate of deposit in a [federally insured] financial institution

80-8 which is doing business in this state [,] and which is federally insured or

80-9 insured by a private insurer approved pursuant to NRS 678.755. The

80-10 certificate of deposit may be withdrawn only on the order of the

80-11 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 any

80-13 renewal thereof, must be not less than 1 year.

80-14 3. If the registrant deposits a bond, the registrant shall keep accurate

80-15 records of the bond and the payments made on the premium. The records

80-16 must be open to inspection by the division during business hours. The

80-17 registrant shall notify the division not later than 30 days before the date of

80-18 expiration of the bond and provide written proof of the renewal of the bond

80-19 to the division.

80-20 4. The commissioner may reject any bond, letter of credit or certificate

80-21 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 deposited

80-23 with the division. If the registrant changes the form of the security, the

80-24 commissioner may retain for not more than 1 year any portion of the

80-25 security previously deposited by the registrant as security for claims arising

80-26 during the time the previous security was in effect.

80-27 6. If the amount of the deposited security falls below the amount

80-28 required by this chapter for that security, the registrant shall be deemed not

80-29 to be registered as required by NRS 598.2806 for the purposes of this

80-30 chapter.

80-31 Sec. 136. NRS 598.281 is hereby amended to read as follows:

80-32 598.281 As used in NRS 598.281 to 598.289, inclusive, unless the

80-33 context otherwise requires:

80-34 1. "Buyer" means a natural person who is solicited to purchase or who

80-35 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 of

80-38 business and industry.

80-39 4. "Extension of credit" means the right to defer payment of debt or to

80-40 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 or

81-3 perform, any of the following services, in return for the payment of money

81-4 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 or

81-8 effecting a plan for the payment of his indebtedness, unless such counseling

81-9 or assistance is provided by and is within the scope of the authorized

81-10 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 either

81-12 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 authorization

81-15 certificate to make loans or extensions of credit pursuant to the laws of this

81-16 state or the United States who is subject to regulation and supervision by an

81-17 officer or agency of this state or the United States.

81-18 (2) A bank , credit union or savings and loan institution whose

81-19 deposits or accounts are eligible for insurance by the Federal Deposit

81-20 Insurance Corporation [.] , the National Credit Union Share Insurance

81-21 Fund or a private insurer approved pursuant to NRS 678.755.

81-22 (3) A nonprofit organization exempt from taxation under section

81-23 501(c)(3) of the Internal Revenue Code.

81-24 (4) A person licensed as a real estate broker by this state where the

81-25 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 person

81-27 renders services within the course and scope of his practice as an attorney at

81-28 law, unless the person is rendering such services in the course and scope of

81-29 employment by or other affiliation with an organization.

81-30 (6) A broker-dealer registered with the Securities and Exchange

81-31 Commission or the Commodity Futures Trading Commission where the

81-32 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 of

81-34 NRS.

81-35 (8) A reporting agency.

81-36 6. "Reporting agency" means a person who, for fees, dues or on a

81-37 cooperative nonprofit basis, regularly engages in whole or in part in the

81-38 business of assembling or evaluating information regarding the credit of or

81-39 other information regarding consumers to furnish consumer reports to third

81-40 parties, regardless of the means or facility of commerce used to prepare or

81-41 furnish the consumer reports. The term does not include:

81-42 (a) A person solely for the reason that he conveys a decision regarding

81-43 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 the

82-2 report or information contained in it to a subsidiary or affiliate; or

82-3 (c) A person licensed pursuant to chapter 463 of NRS.

82-4 Sec. 137. NRS 598.855 is hereby amended to read as follows:

82-5 598.855 1. Before the organization receives any money from any

82-6 buyer pursuant to a contract for membership in the organization, it shall

82-7 establish a trust account for payments on contracts at a [federally insured]

82-8 financial institution [.] that is federally insured or insured by a private

82-9 insurer approved pursuant to NRS 678.755. Each payment from a buyer

82-10 for his contract for membership except for $50 of the first payment, must be

82-11 deposited in the account. During each quarter of the term of a contract or

82-12 each 6 months, whichever is shorter , the trustee shall withdraw one quarter

82-13 of the buyer’s payments from the account and pay the amount to the

82-14 organization.

82-15 2. If the organization sells, transfers or assigns the contract with the

82-16 buyer to a third party, and the third party gives reasonable consideration for

82-17 the contract, the organization shall deposit the consideration in the trust

82-18 account. If the third party does not give reasonable consideration for the

82-19 contract, the organization shall deposit all payments on the contract from the

82-20 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:

82-22 599B.100 1. An application filed pursuant to NRS 599B.090 must be

82-23 accompanied by:

82-24 (a) A bond executed by a corporate surety approved by the commissioner

82-25 and licensed to do business in this state;

82-26 (b) An irrevocable letter of credit issued for the benefit of the applicant

82-27 by a bank whose deposits are insured by an agency of the Federal

82-28 Government; or

82-29 (c) A certificate of deposit in a financial institution insured by an agency

82-30 of the Federal Government [, which] or by a private insurer approved

82-31 pursuant to NRS 678.755. The certificate of deposit may be withdrawn

82-32 only on the order of the commissioner, except that the interest may accrue to

82-33 the applicant.

82-34 2. The amount of the bond, letter of credit or certificate of deposit must

82-35 be $50,000, and the bond, letter of credit or certificate of deposit must be

82-36 conditioned upon compliance by the applicant with the provisions of this

82-37 chapter.

82-38 3. The amount of the security required to be filed by the seller may be

82-39 increased to not more than $250,000 as part of an assurance of

82-40 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 falls

82-43 below the amount that is required by subsection 2 or the amount determined

83-1 by the commissioner pursuant to subsection 3, the seller shall be deemed not

83-2 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 any

83-4 renewal thereof, must not be less than 1 year.

83-5 6. The commissioner may reject any bond, letter of credit or certificate

83-6 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 the

83-8 form of the security, the commissioner may retain for not more than 1 year

83-9 all or a portion of the security previously filed by the seller as security for

83-10 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 or

83-12 certificate of deposit within 6 months after the registrant ceases to operate

83-13 or his registration expires, whichever occurs later, the commissioner shall

83-14 release the bond, letter of credit or certificate of deposit to the registrant and

83-15 shall not audit any claims filed thereafter by consumers. If one or more

83-16 claims have been filed against the bond, letter of credit or certificate of

83-17 deposit within 6 months after the registrant ceases to operate or his

83-18 registration expires, whichever occurs later, the proceeds must not be

83-19 released to the registrant or distributed to any consumer earlier than 1 year

83-20 after the registrant ceases to operate or his registration expires, whichever

83-21 occurs later. The division shall not audit any claims which are filed pursuant

83-22 to NRS 599B.105 more than 1 year after the registrant ceases to operate or

83-23 his registration expires, whichever occurs later. For the purposes of this

83-24 subsection, the commissioner shall determine the date on which a registrant

83-25 ceases to operate.

83-26 Sec. 139. NRS 604.120 is hereby amended to read as follows:

83-27 604.120 1. In lieu of any surety bond, or any portion of the principal

83-28 sum thereof as required by this chapter, a registrant may deposit with the

83-29 state treasurer or with any bank , credit union or trust company authorized

83-30 to do business in this state as the registrant may select, with the approval of

83-31 the commissioner:

83-32 (a) Interest-bearing stocks;

83-33 (b) Bills, bonds, notes, debentures or other obligations of the United

83-34 States or any agency or instrumentality thereof, or guaranteed by the United

83-35 States; or

83-36 (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 this

83-38 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 bond

83-41 or portion thereof.

83-42 2. The securities must be held to secure the same obligation as would

83-43 the surety bond, but the depositor may receive any interest or dividends and,

84-1 with the approval of the commissioner, substitute other suitable securities

84-2 for those deposited.

84-3 Sec. 140. NRS 607.170 is hereby amended to read as follows:

84-4 607.170 1. When the labor commissioner deems it necessary, he may

84-5 take an assignment of a claim for wages and commissions and prosecute an

84-6 action for collection of wages, commissions and other demands of any

84-7 person who is financially unable to employ counsel in a case in which, in the

84-8 judgment of the labor commissioner, the claim for wages or commissions is

84-9 valid and enforceable in the courts.

84-10 2. In all matters relating to wages or commissions and before taking any

84-11 assignment, the labor commissioner may summon to appear before him, at a

84-12 suitable place in the county of the claimant, his employer and all other

84-13 necessary persons for the purpose of adjusting and settling claims for wages

84-14 or commissions before bringing suit therefor, and the labor commissioner

84-15 may effect reasonable compromises of those claims.

84-16 3. The labor commissioner or his deputy may maintain a commercial

84-17 account with any bank or credit union within [the] this state for the deposit

84-18 of money collected for claims for wages or commissions. The money must

84-19 be promptly paid to the person entitled thereto. At the end of each calendar

84-20 year, any unclaimed money in the commercial account which has been a

84-21 part of the account for 5 years or more is presumed abandoned under NRS

84-22 120A.220.

84-23 Sec. 141. NRS 608.120 is hereby amended to read as follows:

84-24 608.120 The payment of wages or compensation must be made in

84-25 lawful money of the United States or by a good and valuable negotiable

84-26 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 his

84-28 wages; or

84-29 2. The employer has been directed to make some other disposition of

84-30 the employee’s wages by:

84-31 (a) A court of competent jurisdiction; or

84-32 (b) An agency of federal, state or local government with jurisdiction to

84-33 issue such directives.

84-34 Such checks or drafts must be payable on presentation thereof at some bank

84-35 , credit union or established place of business without discount in lawful

84-36 money of the United States. They must be payable at the place designated in

84-37 the notice prescribed in NRS 608.080.

84-38 Sec. 142. NRS 608.130 is hereby amended to read as follows:

84-39 608.130 1. A person engaged in any business or enterprise of any

84-40 kind in this state shall not issue, in payment of, or as evidence of, any

84-41 indebtedness for wages due an employee, any order, check, memorandum or

84-42 other acknowledgment of indebtedness unless it is a negotiable instrument

84-43 payable without discount, in cash on demand, at some bank , credit union or

85-1 other established place of business but this subsection does not limit or

85-2 interfere with the right of any employee, by agreement, to accept from any

85-3 such person, as an evidence or acknowledgment of indebtedness for wages

85-4 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 instrument

85-6 issued in payment of wages, the holder in due course of the instrument

85-7 succeeds and has the same rights, priorities and preferences with respect to

85-8 payment thereof, and stands in the same position, as the payee of the

85-9 instrument with respect to a claim for wages unpaid when due, in addition to

85-10 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 negotiable

85-12 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 upon

85-14 presentation shall reimburse the employee for any penalty or charge

85-15 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:

85-17 611.070 1. Before a license is issued, the applicant shall deposit with

85-18 the labor commissioner a bond, approved by the labor commissioner, in the

85-19 sum of $1,000 with two or more sureties or an authorized surety company as

85-20 surety. A notice of 30 days must be given to the labor commissioner before

85-21 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 agency

85-24 does not affect the coverage of the bond as to a claim arising out of acts that

85-25 occurred before the date of the suspension, revocation, surrender or

85-26 expiration of the license.

85-27 3. In lieu of a bond an applicant may deposit with the labor

85-28 commissioner:

85-29 (a) An amount of money or bonds of the United States or of the State of

85-30 Nevada of an actual market value not less than the amount fixed by the

85-31 labor commissioner; or

85-32 (b) A savings certificate of a bank , credit union or savings and loan

85-33 association situated in Nevada, which indicates an account containing an

85-34 amount equal to the amount of the bond which would otherwise be required

85-35 by this section and that this amount is unavailable for withdrawal except

85-36 upon order of the labor commissioner. Interest earned on this amount

85-37 accrues to the account of the applicant.

85-38 4. The labor commissioner may at any time require the licensee to file a

85-39 new or supplementary bond, or a deposit in lieu thereof, in a form and

85-40 amount of not more than $5,000 to conform to the provisions of this section

85-41 if the labor commissioner deems the initial deposit or surety of the initial

85-42 bond to be unsatisfactory or the amount of the deposit or bond to have

86-1 become insufficient to satisfy all claims, accrued or contingent, against the

86-2 licensee.

86-3 5. Any money received in lieu of a bond must be deposited with the

86-4 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 must

86-6 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:

86-9 611.135 1. The labor commissioner may accept assignments of claims

86-10 arising under NRS 611.020 to 611.320, inclusive, against employment

86-11 agencies.

86-12 2. The labor commissioner may maintain a commercial account with

86-13 any bank or credit union within [the] this state for the deposit of any

86-14 [moneys] money recovered for the use of such assigning claimants. The

86-15 [moneys shall] money must be promptly paid to the claimants entitled

86-16 thereto. At the end of each calendar year, any unclaimed [moneys] money in

86-17 the commercial account which [have] has been a part of [such] the account

86-18 for 7 years or more [shall] must be paid into the state treasury for credit to

86-19 the state general fund.

86-20 Sec. 145. NRS 612.590 is hereby amended to read as follows:

86-21 612.590 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 the

86-24 administrator.

86-25 (c) Issue his warrants upon it in accordance with such regulations as the

86-26 administrator prescribes.

86-27 2. The state treasurer shall maintain within the fund three separate

86-28 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 the

86-33 administrator, must be forwarded to the state treasurer, who shall

86-34 immediately deposit it in the clearing account.

86-35 4. Refunds payable pursuant to NRS 612.655 may be paid from the

86-36 clearing account or from the benefit account upon warrants issued by the

86-37 state treasurer under the direction of the administrator.

86-38 5. After clearance thereof, all other money in the clearing account must

86-39 be immediately deposited with the Secretary of the Treasury to the credit of

86-40 the account of this state in the unemployment trust fund established and

86-41 maintained pursuant to Section 904 of the Social Security Act, as amended ,

86-42 [(] 42 U.S.C. § 1104 , [),] any provisions of law in this state relating to the

87-1 deposit, administration, release or disbursement of money in the possession

87-2 or custody of this state to the contrary notwithstanding.

87-3 6. The benefit account consists of all money requisitioned from this

87-4 state’s account in the unemployment trust fund.

87-5 7. Except as herein otherwise provided, money in the clearing and

87-6 benefit accounts may be deposited by the state treasurer, under the direction

87-7 of the administrator, in any bank , credit union or public depositary in

87-8 which general money of the state may be deposited, but no public deposit

87-9 insurance charge or premium may be paid out of the fund.

87-10 8. Money in the clearing and benefit accounts must not be commingled

87-11 with other state money, but must be maintained in a separate account on the

87-12 books of the depositary. Money in the clearing and benefit accounts must be

87-13 secured by the bank , credit union or public depositary to the same extent

87-14 and in the same manner as required by the general depositary laws of the

87-15 State of Nevada, and collateral pledged must be maintained in a separate

87-16 custody account.

87-17 Sec. 146. NRS 615.255 is hereby amended to read as follows:

87-18 615.255 1. There is hereby created the vocational rehabilitation

87-19 revolving account in the amount of $35,000 to be used for the payment of

87-20 claims of applicants for or recipients of services from the bureau and

87-21 vendors providing services to those applicants or recipients under

87-22 procedures established by the bureau.

87-23 2. Upon written request from the chief, the state controller shall draw

87-24 his warrant from money already appropriated in favor of the chief in the

87-25 sum of $35,000. When the warrant is paid, the chief shall deposit the

87-26 $35,000 in a bank or credit union qualified to receive deposits of public

87-27 money. The bank or credit union must secure the deposit with a depository

87-28 bond satisfactory to the state board of examiners, unless it is otherwise

87-29 secured by the Federal Deposit Insurance Corporation [.] , the National

87-30 Credit Union Share Insurance Fund or a private insurer approved

87-31 pursuant to NRS 678.755.

87-32 3. After expenditure of money from the revolving account, the chief

87-33 shall present a claim to the state board of examiners. When approved by the

87-34 state board of examiners, the state controller shall draw his warrant in the

87-35 amount of the claim in favor of the vocational rehabilitation revolving

87-36 account, to be paid to the order of the chief, and the state treasurer shall pay

87-37 it.

87-38 4. Money in the vocational rehabilitation revolving account does not

87-39 revert to the state general fund at the end of the fiscal year, but remains in

87-40 the revolving account.

87-41 5. Purchases paid for from the vocational rehabilitation revolving

87-42 account for the purposes authorized by subsection 1 may be exempt from

87-43 the provisions of the State Purchasing Act at the discretion of the chief of

88-1 the purchasing division of the department of administration or his

88-2 designated representative.

88-3 Sec. 147. NRS 616B.056 is hereby amended to read as follows:

88-4 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 of

88-8 investments.

88-9 4. Approve the designation of banks and credit unions as collection

88-10 depositories.

88-11 5. Approve the appointment of an independent actuary and arrange for

88-12 an annual actuarial valuation and report of the soundness of the system and

88-13 the state insurance fund as prepared by the independent actuary.

88-14 6. Appoint an independent certified accountant who shall provide an

88-15 annual audit of the state insurance fund and report to the manager.

88-16 7. Before each legislative session, report to the legislature on the

88-17 operation of the system and any recommendation for legislation which he

88-18 deems appropriate.

88-19 Sec. 148. NRS 616B.107 is hereby amended to read as follows:

88-20 616B.107 1. No person engaged in business as a broker or dealer in

88-21 securities or who has a direct pecuniary interest in any such business who

88-22 receives commissions for transactions performed as an agent for the system

88-23 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 consists

88-26 of rendering investment supervisory services, that is, the giving of

88-27 continuous advice as to the investment of money on the basis of the

88-28 individual needs of each client;

88-29 (b) The person and his predecessors have been continuously engaged in

88-30 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 average

88-32 of 10 years professional experience as investment managers;

88-33 (c) The person as of the time originally hired, has at least $250,000,000

88-34 of assets under management contract, exclusive of any assets related to

88-35 governmental agencies in this state;

88-36 (d) The person is registered as an investment adviser under the laws of

88-37 the United States as from time to time in effect, or is a bank or an

88-38 investment management subsidiary of a bank;

88-39 (e) The contract between the system and the investment counsel is of no

88-40 specific duration and is voidable at any time by either party; and

88-41 (f) The person has been approved by the state board of finance for

88-42 employment as investment counsel.

89-1 3. More than one investment counsel may be employed in the discretion

89-2 of the manager.

89-3 4. The expense of such employment must be paid from the state

89-4 insurance fund.

89-5 5. Any investment program adopted by the system and all investments

89-6 made thereunder must be reported quarterly in writing by the manager to the

89-7 state board of finance, and the report is subject to review by the state board

89-8 of finance. The state board of finance may require the manager to provide

89-9 further reports and may recommend modifications in the investment

89-10 program, including replacement of the investment counsel. If, after a

89-11 reasonable time, the manager has not taken suitable corrective action in

89-12 response to recommendations by the state board of finance, the state board

89-13 of finance may direct the manager to carry out its recommendations in a

89-14 manner acceptable to the state board of finance. Any directives from the

89-15 state board of finance must be in writing.

89-16 6. With the approval of the state board of finance, the manager may

89-17 designate [the bank or] one or more banks or credit unions which shall

89-18 have [the] custody of the various investments authorized in NRS 616B.116

89-19 to 616B.164, inclusive.

89-20 7. The system may accept due bills from brokers upon delivery of

89-21 warrants if the certificates representing the investments are not readily

89-22 available.

89-23 Sec. 149. NRS 616B.149 is hereby amended to read as follows:

89-24 616B.149 The manager may invest and reinvest the money in the funds

89-25 of the system in:

89-26 1. Negotiable instruments as they are set forth in the Uniform

89-27 Commercial Code—Negotiable Instruments, NRS 104.3101 et seq. Eligible

89-28 negotiable instruments may not exceed 180 days’ maturity and must be of

89-29 prime quality as defined by a nationally recognized organization which rates

89-30 such securities. It is further limited to issuing corporations with net worth in

89-31 excess of $50 million which are incorporated under the laws of the United

89-32 States or any state thereof or the District of Columbia.

89-33 2. Collective or part interest in negotiable instruments held by national

89-34 banks and issued by companies whose negotiable instruments meet the

89-35 requirements prescribed in subsection 1.

89-36 3. Bankers’ acceptances of the kind and maturities made eligible by law

89-37 for rediscount with Federal Reserve Banks, and generally accepted by banks

89-38 or trust companies which are members of the Federal Reserve System.

89-39 4. Time certificates of deposit issued by commercial banks , insured

89-40 credit unions or insured savings and loan associations.

89-41 5. Savings accounts in state banks, located in and organized under the

89-42 laws of this state, or national banks.

90-1 6. Savings accounts in insured credit unions or insured savings and

90-2 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:

90-4 616B.254 1. As used in this section, "person" includes this state, and

90-5 any county, municipality, district or other political subdivision thereof.

90-6 2. If any employer is delinquent in the payment of the amount of any

90-7 premium, penalty or interest required by chapters 616A to 616D, inclusive,

90-8 of NRS or a determination has been made against him which remains

90-9 unpaid, the manager may, not later than 3 years after the payment became

90-10 delinquent or within 6 years after the recording of a judgment pursuant to

90-11 NRS 616B.266, give notice of the amount of the delinquency personally or

90-12 by registered or certified mail to any person having in his possession or

90-13 under his control any money, credits or other personal property belonging to

90-14 the delinquent employer, or owing any debts to the delinquent employer at

90-15 the time of the receipt of the registered or certified notice. In the case of any

90-16 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 delinquent

90-18 employer to the state controller.

90-19 3. A state officer, department or agency which receives such a notice

90-20 may satisfy any debt owed to it by that person before it honors the

90-21 manager’s notice.

90-22 4. After receiving the notice, a person so notified may not transfer or

90-23 otherwise dispose of the money, credits, other personal property, or debts in

90-24 his possession or under his control at the time he received the notice until

90-25 the manager consents to a transfer or other disposition in writing, or until 30

90-26 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 debts

90-29 belonging to the delinquent employer in his possession, under his control or

90-30 owing by him.

90-31 6. If the notice seeks to prevent the transfer or other disposition of a

90-32 deposit in a bank or credit union or other credits or personal property in the

90-33 possession or under the control of a bank [,] or credit union, the notice must

90-34 be delivered or mailed to the branch or office of the bank or credit union at

90-35 which the deposit is carried or at which the credits or personal property is

90-36 held.

90-37 7. If, during the effective period of the notice to withhold, any person so

90-38 notified makes any transfer or other disposition of the property or debts

90-39 required to be withheld, to the extent of the value of the property or the

90-40 amount of the debts thus transferred or paid, he is liable to the state for any

90-41 indebtedness due pursuant to chapters 616A to 616D, inclusive, of NRS

90-42 from the person with respect to whose obligation the notice was given if

90-43 solely by reason of the transfer or other disposition the state is unable to

91-1 recover the indebtedness of the person with respect to whose obligation the

91-2 notice was given.

91-3 8. Upon the demand of the manager, the person shall remit or deliver to

91-4 the manager the money, credit or other personal property up to the amount

91-5 owed by the delinquent employer.

91-6 Sec. 151. NRS 616B.368 is hereby amended to read as follows:

91-7 616B.368 1. The board of trustees of an association of self-insured

91-8 public or private employers is responsible for the money collected and

91-9 disbursed by the association.

91-10 2. The board of trustees shall:

91-11 (a) Establish a claims account in a [federally insured] financial institution

91-12 in this state which is approved by the commissioner [.] and which is

91-13 federally insured or insured by a private insurer approved pursuant to

91-14 NRS 678.755. Except as otherwise provided in subsection 3, at least 75

91-15 percent of the annual assessment collected by the association from its

91-16 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 excess

91-20 insurance; and

91-21 (4) Assessments, payments and penalties related to the subsequent

91-22 injury fund and the uninsured employers’ claim fund.

91-23 (b) Establish an administrative account in a [federally insured] financial

91-24 institution in this state which is approved by the commissioner [.] and

91-25 which is federally insured or insured by a private insurer approved

91-26 pursuant to NRS 678.755. The amount of the annual assessment collected

91-27 by the association that is not deposited in its claims account must be

91-28 deposited in this account to pay the administrative expenses of the

91-29 association.

91-30 3. The commissioner may authorize an association to deposit less than

91-31 75 percent of its annual assessment in its claims account if the association

91-32 presents evidence to the satisfaction of the commissioner that:

91-33 (a) More than 25 percent of the association’s annual assessment is

91-34 needed to maintain its programs for loss control and occupational safety;

91-35 and

91-36 (b) The association’s policy of excess insurance attaches at less than 75

91-37 percent.

91-38 4. The board of trustees may invest the money of the association not

91-39 needed to pay the obligations of the association pursuant to chapter 682A of

91-40 NRS.

91-41 5. The commissioner shall review the accounts of an association

91-42 established pursuant to this section at such times as he deems necessary to

91-43 ensure compliance with the provisions of this section.

92-1 Sec. 152. NRS 623.160 is hereby amended to read as follows:

92-2 623.160 Except as otherwise provided in NRS 623.190, all fees

92-3 provided for by the provisions of this chapter must be paid to and receipted

92-4 for by the secretary of the board, who shall deposit the fees in banks or

92-5 credit unions in the State of Nevada or institutions in this state whose

92-6 business is the making of investments. Fees so deposited may be drawn

92-7 against only for the purposes of this chapter.

92-8 Sec. 153. NRS 623A.150 is hereby amended to read as follows:

92-9 623A.150 1. All money coming into the possession of the board must

92-10 be kept or deposited by the executive director in banks , credit unions or

92-11 savings and loan associations in the State of Nevada.

92-12 2. Except as otherwise provided in subsection 6, all money collected by

92-13 the board must be used to pay the expenses of examinations, expenses of the

92-14 issuance of certificates and expenses to conduct the business of the board.

92-15 3. The expenses, including the per diem allowances and travel expenses

92-16 of the members and employees of the board while engaged in the business

92-17 of the board and the expenses to conduct examinations, must be paid from

92-18 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 be

92-20 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 to

92-22 take any disciplinary action pursuant to this chapter, impose and collect

92-23 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 disciplinary

92-26 action pursuant to subsection 5 and the board deposits the money collected

92-27 from the imposition of fines with the state treasurer for credit to the state

92-28 general fund, it may present a claim to the state board of examiners for

92-29 recommendation to the interim finance committee if money is needed to pay

92-30 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:

92-32 624.140 1. Except as otherwise provided in subsection 3, if money

92-33 becomes available from the operations of this chapter and payments made

92-34 for licenses, the board may pay from that money:

92-35 (a) The expenses of the operations of this chapter, including the

92-36 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 and

92-41 employee of the board at a rate fixed by the board, while engaged in the

92-42 business of the board. The rate must not exceed the rate provided for state

92-43 officers and employees generally.

93-1 2. The board may delegate to a hearing officer or panel its authority to

93-2 take any disciplinary action pursuant to this chapter, impose and collect

93-3 fines therefor and deposit the money therefrom in banks , credit unions or

93-4 savings and loan associations in this state.

93-5 3. If a hearing officer or panel is not authorized to take disciplinary

93-6 action pursuant to subsection 2 and the board deposits the money collected

93-7 from the imposition of fines with the state treasurer for credit to the state

93-8 general fund, it may present a claim to the state board of examiners for

93-9 recommendation to the interim finance committee if money is needed to pay

93-10 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:

93-12 624.150 1. The board shall elect one of its members as treasurer.

93-13 2. All [funds] money received by the board shall be turned over to the

93-14 treasurer who shall keep books of account and who is authorized to deposit

93-15 the [funds] money in banks , credit unions or savings and loan associations

93-16 in the State of Nevada, and to expend [from the funds moneys] money

93-17 necessary for the operation of the board under the terms of this chapter

93-18 when the expenses have been approved by the board.

93-19 3. All balances at any time in the possession of the treasurer shall be

93-20 subject to legislative disposition.

93-21 Sec. 156. NRS 625.150 is hereby amended to read as follows:

93-22 625.150 1. The board shall deposit in banks , credit unions and

93-23 savings and loan associations in the State of Nevada all money collected by

93-24 it.

93-25 2. Except as otherwise provided in subsection 6, all money collected by

93-26 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 and

93-29 travel expenses of the members and employees of the board while engaged

93-30 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 from

93-32 the state treasury.

93-33 4. Any balance remaining in excess of the expenses incurred may be

93-34 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 to

93-36 take any disciplinary action pursuant to this chapter, impose and collect

93-37 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 disciplinary

93-40 action pursuant to subsection 5 and the board deposits the money collected

93-41 from the imposition of fines with the state treasurer for credit to the state

93-42 general fund, it may present a claim to the state board of examiners for

94-1 recommendation to the interim finance committee if money is needed to pay

94-2 attorney’s fees or the costs of an investigation, or both.

94-3 7. The board shall consider and take appropriate action concerning a

94-4 written notification received by the board pursuant to NRS 278.587 or

94-5 338.176.

94-6 Sec. 157. NRS 625A.060 is hereby amended to read as follows:

94-7 625A.060 1. The secretary of the board shall receive and account for

94-8 all money paid to the board and deposit it in banks , credit unions and

94-9 savings and loan associations in this state.

94-10 2. The compensation and expenses of the members and employees of

94-11 the board and the expenses of administering the provisions of this chapter

94-12 must be paid from the fees received by the board upon approval by the

94-13 board.

94-14 Sec. 158. NRS 628.140 is hereby amended to read as follows:

94-15 628.140 1. Except as otherwise provided in subsection 3, all fees and

94-16 other money received by the board pursuant to the provisions of this chapter

94-17 must be deposited in banks , credit unions or savings and loan associations

94-18 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. The

94-20 compensation provided for by this chapter and all expenses incurred under

94-21 this chapter must be paid from this money. No compensation or expenses

94-22 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 to

94-24 take any disciplinary action pursuant to this chapter, impose and collect civil

94-25 penalties, court costs and attorney’s fees therefor and deposit the money

94-26 therefrom in banks , credit unions or savings and loan associations in this

94-27 state.

94-28 3. If a hearing officer or panel is not authorized to take disciplinary

94-29 action pursuant to subsection 2 and the board deposits the money collected

94-30 from the imposition of civil penalties, court costs and attorney’s fees with

94-31 the state treasurer for credit to the state general fund, it may present a claim

94-32 to the state board of examiners for recommendation to the interim finance

94-33 committee if money is needed to pay attorney’s fees or the costs of an

94-34 investigation, or both.

94-35 Sec. 159. NRS 630.110 is hereby amended to read as follows:

94-36 630.110 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, while

94-39 engaged in the business of the board; and

94-40 (b) A per diem allowance and travel expenses at a rate fixed by the

94-41 board, while engaged in the business of the board. The rate must not exceed

94-42 the rate provided for state officers and employees generally.

95-1 2. While engaged in the business of the board, each employee of the

95-2 board is entitled to receive a per diem allowance and travel expenses at a

95-3 rate fixed by the board. The rate must not exceed the rate provided for state

95-4 officers and employees generally.

95-5 3. Expenses of the board and the expenses and salaries of its members

95-6 and employees must be paid from the fees received by the board pursuant to

95-7 the provisions of this chapter, and no part of the salaries or expenses of the

95-8 board may be paid out of the state general fund or from the penalties

95-9 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 state [which]

95-12 that are federally insured [,] or insured by a private insurer pursuant to

95-13 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 of

95-15 investments , or invested as authorized by NRS 355.140.

95-16 (b) Penalties must be deposited with the state treasurer for credit to the

95-17 state general fund.

95-18 Sec. 160. NRS 630A.160 is hereby amended to read as follows:

95-19 630A.160 1. Out of the money coming into the possession of the

95-20 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, while

95-22 engaged in the business of the board; and

95-23 (b) A per diem allowance and travel expenses at a rate fixed by the

95-24 board, while engaged in the business of the board. The rate must not exceed

95-25 the rate provided for state officers and employees generally.

95-26 2. While engaged in the business of the board, each employee of the

95-27 board is entitled to receive a per diem allowance and travel expenses at a

95-28 rate fixed by the board. The rate must not exceed the rate provided for state

95-29 officers and employees generally.

95-30 3. Expenses of the board and the expenses and salaries of the members

95-31 and employees of the board must be paid from the fees received by the

95-32 board pursuant to the provisions of this chapter. Except as otherwise

95-33 provided in subsection 6, no part of the salaries or expenses of the members

95-34 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 financial

95-36 institutions in this state [which] that are federally insured [.] or insured by a

95-37 private insurer approved pursuant to NRS 678.755.

95-38 5. The board may delegate to a hearing officer or panel its authority to

95-39 take any disciplinary action pursuant to this chapter, impose and collect

95-40 administrative fines, court costs and attorney’s fees therefor and deposit the

95-41 money therefrom in financial institutions in this state [which] that are

95-42 federally insured [.] or insured by a private insurer approved pursuant to

95-43 NRS 678.755.

96-1 6. If a hearing officer or panel is not authorized to take disciplinary

96-2 action pursuant to subsection 5, the board shall deposit the money collected

96-3 from the imposition of administrative fines, court costs and attorney’s fees

96-4 with the state treasurer for credit to the state general fund. The board may

96-5 present a claim to the state board of examiners for recommendation to the

96-6 interim finance committee if money is needed to pay attorney’s fees or the

96-7 costs of an investigation, or both.

96-8 Sec. 161. NRS 631.180 is hereby amended to read as follows:

96-9 631.180 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, while

96-11 engaged in the business of the board; and

96-12 (b) A per diem allowance and travel expenses at a rate fixed by the

96-13 board, while engaged in the business of the board. The rate must not exceed

96-14 the rate provided for state officers and employees generally.

96-15 2. While engaged in the business of the board, each employee of the

96-16 board is entitled to receive a per diem allowance and travel expenses at a

96-17 rate fixed by the board. The rate must not exceed the rate provided for state

96-18 officers and employees generally.

96-19 3. The board shall deposit in banks , credit unions or savings and loan

96-20 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 the

96-22 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:

96-24 631.350 1. Except as otherwise provided in NRS 631.347, the board

96-25 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 to

96-28 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 conditions

96-31 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 or

96-35 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 an

96-39 examination of his competence;

96-40 (k) Require a person to fulfill certain training or educational

96-41 requirements; or

96-42 (l) Any combination thereof,

97-1 upon proof satisfactory to the board that the person has engaged in any of

97-2 the activities listed in subsection 2.

97-3 2. The following activities may be punished as provided in subsection

97-4 1:

97-5 (a) Engaging in the illegal practice of dentistry or dental hygiene;

97-6 (b) Engaging in unprofessional conduct; or

97-7 (c) Violating any regulations adopted by the board or the provisions of

97-8 this chapter.

97-9 3. The board may delegate to a hearing officer or panel its authority to

97-10 take any disciplinary action pursuant to this chapter, impose and collect

97-11 fines therefor and deposit the money therefrom in banks , credit unions or

97-12 savings and loan associations in this state.

97-13 4. If a hearing officer or panel is not authorized to take disciplinary

97-14 action pursuant to subsection 3 and the board deposits the money collected

97-15 from the imposition of fines with the state treasurer for credit to the state

97-16 general fund, it may present a claim to the state board of examiners for

97-17 recommendation to the interim finance committee if money is needed to pay

97-18 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:

97-20 632.090 1. Except as otherwise provided in subsection 3, all money

97-21 received by the board under the provisions of this chapter must be paid to

97-22 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. The

97-24 money may be drawn on by the board for payment of all expenses incurred

97-25 in the administration of the provisions of this chapter.

97-26 2. The board may delegate to a hearing officer or panel its authority to

97-27 take any disciplinary action pursuant to this chapter, impose and collect

97-28 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 disciplinary

97-31 action pursuant to subsection 2 and the board deposits the money collected

97-32 from the imposition of fines with the state treasurer for credit to the state

97-33 general fund, it may present a claim to the state board of examiners for

97-34 recommendation to the interim finance committee if money is needed to pay

97-35 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:

97-37 633.261 1. All reasonable expenses incurred by the board in carrying

97-38 out the provisions of this chapter shall be paid from the fees which it

97-39 receives, and no part of the salaries or expenses of the board may be paid

97-40 out of the general fund of the state treasury.

97-41 2. All money received by the board shall be deposited in banks , credit

97-42 unions or savings and loan associations in this state and shall be paid out on

97-43 its order for its expenses.

98-1 Sec. 165. NRS 634.050 is hereby amended to read as follows:

98-2 634.050 1. Except as otherwise provided in subsection 3, all money

98-3 collected by the board must be deposited in banks , credit unions or savings

98-4 and loan associations in the State of Nevada, and must be used by the board

98-5 to defray its legitimate expenses.

98-6 2. The board may delegate to a hearing officer or panel its authority to

98-7 take any disciplinary action pursuant to this chapter, impose and collect

98-8 fines therefor and deposit the money therefrom in banks , credit unions or

98-9 savings and loan associations in this state.

98-10 3. If a hearing officer or panel is not authorized to take disciplinary

98-11 action pursuant to subsection 2 and the board deposits the money collected

98-12 from the imposition of fines with the state treasurer for credit to the state

98-13 general fund, it may present a claim to the state board of examiners for

98-14 recommendation to the interim finance committee if money is needed to pay

98-15 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:

98-17 635.040 1. All fees provided for in this chapter must be paid to the

98-18 treasurer of the board, who shall deposit the fees in banks , credit unions or

98-19 savings and loan associations in this state. All of the salaries and expenses

98-20 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 of

98-22 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 recommendation

98-24 to the interim finance committee if money is needed to pay attorneys’ fees

98-25 or the costs of an investigation, or both.

98-26 Sec. 167. NRS 636.110 is hereby amended to read as follows:

98-27 636.110 1. Except as otherwise provided in subsection 3, all money

98-28 coming into possession of the board must be deposited by the executive

98-29 director in a special fund to be expended for payment of compensation and

98-30 expenses of members of the board and for other necessary or proper

98-31 purposes in the administration of this chapter. The executive director shall

98-32 deposit the money in banks , credit unions or savings and loan associations

98-33 in this state.

98-34 2. The board may delegate to a hearing officer or panel its authority to

98-35 take any disciplinary action pursuant to this chapter, impose and collect

98-36 administrative fines and penalties therefor and forward the money therefrom

98-37 to the executive director for deposit in banks , credit unions or savings and

98-38 loan associations in this state.

98-39 3. If a hearing officer or panel is not authorized to take disciplinary

98-40 action pursuant to subsection 2 and the board deposits the money collected

98-41 from the imposition of administrative fines and penalties with the state

98-42 treasurer for credit to the state general fund, it may present a claim to the

98-43 state board of examiners for recommendation to the interim finance

99-1 committee if money is needed to pay attorney’s fees or the costs of an

99-2 investigation, or both.

99-3 Sec. 168. NRS 637.060 is hereby amended to read as follows:

99-4 637.060 1. Except as otherwise provided in subsection 3, all money

99-5 received by the board under the provisions of this chapter must be deposited

99-6 in banks , credit unions or savings and loan associations in the State of

99-7 Nevada. The money may be drawn on by the board for payment of all

99-8 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 to

99-10 take any disciplinary action pursuant to this chapter, impose and collect

99-11 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 disciplinary

99-14 action pursuant to subsection 2 and the board deposits the money collected

99-15 from the imposition of administrative fines with the state treasurer for credit

99-16 to the state general fund, it may present a claim to the state board of

99-17 examiners for recommendation to the interim finance committee if money is

99-18 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:

99-20 637A.080 1. All fees provided for in this chapter must be paid to the

99-21 board.

99-22 2. Except as otherwise provided in subsection 4, all money coming into

99-23 the possession of the board must be kept or deposited by the secretary in

99-24 banks, credit unions, savings and loan associations or other financial

99-25 institutions in this state to be expended for the payment of the salaries and

99-26 expenses of the members and employees of the board and for other

99-27 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 to

99-29 take any disciplinary action pursuant to this chapter, impose and collect

99-30 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 disciplinary

99-33 action pursuant to subsection 3 and the board deposits the money collected

99-34 from the imposition of penalties with the state treasurer for credit to the

99-35 state general fund, it may present a claim to the state board of examiners for

99-36 recommendation to the interim finance committee if money is needed to pay

99-37 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:

99-39 637B.240 1. All fees collected under the provisions of this chapter

99-40 must be paid to the secretary-treasurer of the board to be used [for the

99-41 purpose of defraying] to defray the necessary expenses of the board. The

99-42 secretary-treasurer shall deposit the fees in qualified banks , credit unions

99-43 or savings and loan associations in this state.

100-1 2. The board may delegate to a hearing officer or panel its authority to

100-2 take any disciplinary action pursuant to this chapter, impose and collect civil

100-3 penalties therefor and deposit the money therefrom in banks , credit unions

100-4 or savings and loan associations in this state.

100-5 3. If a hearing officer or panel is not authorized to take disciplinary

100-6 action pursuant to subsection 2 and the board deposits the money collected

100-7 from the imposition of civil penalties with the state treasurer for credit to the

100-8 state general fund, it may present a claim to the state board of examiners for

100-9 recommendation to the interim finance committee if money is needed to pay

100-10 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:

100-12 638.1473 1. Except as otherwise provided in subsection 4, all

100-13 reasonable expenses incurred by the board in carrying out the provisions of

100-14 this chapter must be paid from the money which it receives. No part of the

100-15 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 by

100-17 the board from the imposition of fines must be deposited with the state

100-18 treasurer for credit to the state general fund. All other money received by

100-19 the board must be deposited in qualified banks , credit unions or savings

100-20 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 to

100-22 take any disciplinary action pursuant to this chapter, impose and collect

100-23 fines therefor and deposit the money therefrom in banks , credit unions or

100-24 savings and loan associations in this state.

100-25 4. If a hearing officer or panel is not authorized to take disciplinary

100-26 action pursuant to subsection 3 and the board deposits the money collected

100-27 from the imposition of fines with the state treasurer for credit to the state

100-28 general fund, it may present a claim to the state board of examiners for

100-29 recommendation to the interim finance committee if money is needed to pay

100-30 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:

100-32 639.081 1. Except as otherwise provided in subsection 3, all money

100-33 coming into the possession of the board must be kept or deposited by the

100-34 secretary in banks , credit unions or savings and loan associations in the

100-35 State of Nevada, or invested in United States treasury bills or notes, to be

100-36 expended for payment of compensation and expenses of members of the

100-37 board and for other necessary or proper purposes in the administration of

100-38 this chapter.

100-39 2. The board may delegate to a hearing officer or panel its authority to

100-40 take any disciplinary action pursuant to this chapter, impose and collect

100-41 fines therefor and deposit the money therefrom in banks , credit unions or

100-42 savings and loan associations in this state.

101-1 3. If a hearing officer or panel is not authorized to take disciplinary

101-2 action pursuant to subsection 2 and the board deposits the money collected

101-3 from the imposition of fines with the state treasurer for credit to the state

101-4 general fund, it may present a claim to the state board of examiners for

101-5 recommendation to the interim finance committee if money is needed to pay

101-6 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:

101-8 640.070 1. All fees collected under this chapter must be deposited by

101-9 the board in banks , credit unions or savings and loan associations in the

101-10 State of Nevada.

101-11 2. All expenses incident to the operation of this chapter must be paid

101-12 from the revenue derived therefrom.

101-13 3. The board may delegate to a hearing officer or panel its authority to

101-14 take any disciplinary action pursuant to this chapter and impose and collect

101-15 administrative fines therefor. If the board so delegates its authority, the

101-16 board may deposit the money from the fines in banks , credit unions or

101-17 savings and loan associations in this state for the support of the board. In

101-18 addition, the hearing officer or panel may assess a licensee against whom

101-19 disciplinary action is taken any costs and fees incurred by the board as a

101-20 result of the hearing. The money from the reimbursed costs and fees may

101-21 also be deposited for use by the board.

101-22 4. If a hearing officer or panel is not authorized to take disciplinary

101-23 action pursuant to subsection 3, the board shall deposit the money collected

101-24 from the imposition of administrative fines with the state treasurer for credit

101-25 to the state general fund. The board may present a claim to the state board

101-26 of examiners for recommendation to the interim finance committee if money

101-27 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:

101-29 641.380 All [moneys] money coming into possession of the board

101-30 [shall] must be kept or deposited by the secretary-treasurer in banks , credit

101-31 unions or savings and loan associations in the State of Nevada to be

101-32 expended for payment of compensation and expenses of board members and

101-33 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:

101-35 641A.300 All [moneys] money coming into possession of the board

101-36 [shall] must be kept or deposited by the secretary-treasurer in banks , credit

101-37 unions or savings and loan associations in the State of Nevada to be

101-38 expended for payment of compensation and expenses of board members and

101-39 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:

101-41 641B.150 1. Except as otherwise provided in subsection 4, all

101-42 reasonable expenses incurred by the board in carrying out the provisions of

102-1 this chapter must be paid from the money which it receives. No part of the

102-2 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 qualified

102-4 banks , credit unions or savings and loan associations in this state and paid

102-5 out on its order for its expenses.

102-6 3. The board may delegate to a hearing officer or panel its authority to

102-7 take any disciplinary action pursuant to this chapter, impose and collect

102-8 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 disciplinary

102-11 action pursuant to subsection 3 and the board deposits the money collected

102-12 from the imposition of fines with the state treasurer for credit to the state

102-13 general fund, it may present a claim to the state board of examiners for

102-14 recommendation to the interim finance committee if money is needed to pay

102-15 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:

102-17 642.070 All fees collected under the provisions of this chapter shall be

102-18 paid to the treasurer of the board to be used [for the purpose of defraying] to

102-19 defray the necessary expenses of the board. The treasurer shall deposit the

102-20 fees in banks , credit unions or savings and loan associations in the State of

102-21 Nevada.

102-22 Sec. 178. NRS 642.075 is hereby amended to read as follows:

102-23 642.075 1. Except as otherwise provided in subsection 4, all

102-24 reasonable expenses incurred by the board in carrying out the provisions of

102-25 this chapter must be paid from the money which it receives. No part of the

102-26 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 by

102-28 the board from the imposition of fines must be deposited with the state

102-29 treasurer for credit to the state general fund. All other money received by

102-30 the board must be deposited in qualified banks , credit unions or savings

102-31 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 to

102-33 take any disciplinary action pursuant to this chapter, impose and collect

102-34 fines therefor and deposit the money therefrom in banks , credit unions or

102-35 savings and loan associations in this state.

102-36 4. If a hearing officer or panel is not authorized to take disciplinary

102-37 action pursuant to subsection 3 and the board deposits the money collected

102-38 from the imposition of fines with the state treasurer for credit to the state

102-39 general fund, it may present a claim to the state board of examiners for

102-40 recommendation to the interim finance committee if money is needed to pay

102-41 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:

103-2 643.060 1. Except as otherwise provided in subsection 3, money

103-3 received by the board under this chapter must be paid to the

103-4 secretary-treasurer of the board, who shall deposit [it] the money in banks ,

103-5 credit unions or savings and loan associations in the State of Nevada and

103-6 give a receipt for it.

103-7 2. The money must be expended in accordance with the provisions of

103-8 this chapter for all necessary and proper expenses in carrying out the

103-9 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 of

103-11 fines with the state treasurer for credit to the state general fund, and may

103-12 present a claim to the state board of examiners for recommendation to the

103-13 interim finance committee if money is needed to pay an attorney’s fees or

103-14 the costs of an investigation, or both.

103-15 Sec. 180. NRS 644.170 is hereby amended to read as follows:

103-16 644.170 1. All fees collected on behalf of the board and all receipts of

103-17 every kind and nature must be reported at the beginning of each month, for

103-18 the month preceding, to the board. At the same time , the entire amount of

103-19 collections, except as otherwise provided in subsection 5, must be paid to

103-20 the treasurer of the board, who shall deposit them in banks , credit unions

103-21 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 must

103-23 be paid all salaries and all other expenses necessarily incurred in carrying

103-24 into effect the provisions of this chapter.

103-25 3. All orders for payment of money must be drawn on the treasurer of

103-26 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 to

103-28 take any disciplinary action pursuant to this chapter, impose and collect

103-29 fines therefor and deposit the money therefrom in banks , credit unions or

103-30 savings and loan associations in this state.

103-31 5. If a hearing officer or panel is not authorized to take disciplinary

103-32 action pursuant to subsection 4 and the board deposits the money collected

103-33 from the imposition of fines with the state treasurer for credit to the state

103-34 general fund, it may present a claim to the state board of examiners for

103-35 recommendation to the interim finance committee if money is needed to pay

103-36 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:

103-38 645.310 1. All deposits accepted by every real estate broker or person

103-39 registered as an owner-developer pursuant to this chapter, which are

103-40 retained by him pending consummation or termination of the transaction

103-41 involved, must be accounted for in the full amount at the time of the

103-42 consummation or termination.

104-1 2. Every real estate salesman or broker-salesman who receives any

104-2 money on behalf of a broker or owner-developer shall pay over the money

104-3 promptly to the real estate broker or owner-developer.

104-4 3. A real estate broker shall not commingle the money or other property

104-5 of his client with his own.

104-6 4. If a real estate broker receives money, as a broker, which belongs to

104-7 others, he shall promptly deposit the money in a separate checking account

104-8 located in a bank or credit union in this state which must be designated a

104-9 trust account. All down payments, earnest money deposits, rents, or other

104-10 money which he receives, on behalf of his client or any other person, must

104-11 be deposited in the account unless all persons who have any interest in the

104-12 money have agreed otherwise in writing. A real estate broker may pay to

104-13 any seller or the seller’s authorized agent the whole or any portion of such

104-14 special deposit. The real estate broker is personally responsible and liable

104-15 for such deposit at all times. A real estate broker shall not permit any

104-16 advance payment of money belonging to others to be deposited in the real

104-17 estate broker’s business or personal account or to be commingled with any

104-18 money he may have on deposit.

104-19 5. Every real estate broker required to maintain a separate trust account

104-20 shall keep records of all money deposited therein. The records must clearly

104-21 indicate the date and from whom he received money, the date deposited, the

104-22 dates of withdrawals, and other pertinent information concerning the

104-23 transaction, and must show clearly for whose account the money is

104-24 deposited and to whom the money belongs. The real estate broker shall

104-25 balance each separate trust account at least monthly. The real estate broker

104-26 shall provide to the division, on a form provided by the division, an annual

104-27 accounting which shows an annual reconciliation of each separate trust

104-28 account. All such records and money are subject to inspection and audit by

104-29 the division and its authorized representatives. All such separate trust

104-30 accounts must designate the real estate broker as trustee and provide for

104-31 withdrawal of money without previous notice.

104-32 6. Each real estate broker shall notify the division of the names of the

104-33 banks and credit unions in which he maintains trust accounts and specify

104-34 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 or

104-36 becomes mentally disabled, the division, upon application to the district

104-37 court, may have a trustee appointed to administer and distribute the money

104-38 in the account with the approval of the court. The trustee may serve without

104-39 posting a bond.

104-40 Sec. 182. NRS 645.606 is hereby amended to read as follows:

104-41 645.606 1. As used in NRS 645.606 to 645.609, inclusive, "qualified

104-42 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 as

105-2 prepared to facilitate a tax-deferred exchange of property in this state by

105-3 acting as the custodian of money or other property.

105-4 3. The term does not include a bank , credit union or other depository

105-5 institution, an escrow company, a title insurer, an agent licensed pursuant to

105-6 chapter 692A of NRS or its subsidiaries or employees.

105-7 Sec. 183. NRS 645A.160 is hereby amended to read as follows:

105-8 645A.160 All money deposited in escrow to be delivered upon the

105-9 close of the escrow or upon any other contingency must be kept separate

105-10 from money belonging to the escrow agent or agency and must be deposited

105-11 in a [federally insured] financial institution that is federally insured or

105-12 insured by a private insurer approved pursuant to NRS 678.755 unless

105-13 another financial institution has been designated in writing in the

105-14 instructions for the escrow. The money when deposited must be designated

105-15 as "trust funds" or "escrow accounts" or under some other appropriate name

105-16 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:

105-18 645A.170 1. Money deposited in escrow is not subject to execution or

105-19 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 be

105-21 kept any money in any bank , credit union or other financial institution

105-22 under any name designating the money as belonging to the clients of any

105-23 escrow agent or agency, unless the money was actually entrusted to the

105-24 agent or agency by the client for deposit in escrow.

105-25 Sec. 185. NRS 645B.170 is hereby amended to read as follows:

105-26 645B.170 1. All money paid to the mortgage company for payment of

105-27 taxes or insurance premiums on property which secures any loan made by

105-28 the mortgage company must be deposited in a bank or credit union and kept

105-29 separate, distinct and apart from money belonging to the mortgage

105-30 company. Such money, when deposited, is to be designated as an "impound

105-31 trust account" or under some other appropriate name indicating that the

105-32 accounts are not the money of the mortgage company.

105-33 2. The mortgage company has a fiduciary duty to its debtors with

105-34 respect to the money in its impound trust account.

105-35 3. The mortgage company shall, upon reasonable notice, account to any

105-36 debtor whose property secures a loan made by the mortgage company for

105-37 any money which that person has paid to the mortgage company for the

105-38 payment of taxes or insurance premiums on the property in question.

105-39 4. The mortgage company shall, upon reasonable notice, account to the

105-40 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 amount

105-43 reasonably necessary to pay the obligations as they become due.

106-1 (b) Within 30 days after the completion of its annual review of an

106-2 impound trust account, notify the debtor:

106-3 (1) Of the amount by which the contributions exceed the amount

106-4 reasonably necessary to pay the annual obligations due from the account;

106-5 and

106-6 (2) That he may specify the disposition of the excess money within 20

106-7 days after receipt of the notice. If the debtor fails to specify such a

106-8 disposition within that time, the mortgage company shall maintain the

106-9 excess money in the account.

106-10 This subsection does not prohibit a mortgage company from requiring

106-11 additional amounts to be paid into an impound trust account to recover a

106-12 deficiency that exists in the account.

106-13 6. A mortgage company shall not make payments from an impound

106-14 trust account in a manner that causes a policy of insurance to be canceled or

106-15 causes property taxes or similar payments to become delinquent.

106-16 Sec. 186. NRS 645B.180 is hereby amended to read as follows:

106-17 645B.180 1. Money in an impound trust account is not subject to

106-18 execution or attachment on any claim against the mortgage company.

106-19 2. It is unlawful for any mortgage company knowingly to keep or cause

106-20 to be kept any money in any bank or credit union under the heading of

106-21 "impound trust account" or any other name designating such money as

106-22 belonging to the debtors of the mortgage company, except money paid to

106-23 the mortgage company for the payment of taxes and insurance premiums on

106-24 property securing loans made by the company, and money held in trust

106-25 pursuant to NRS 645B.175.

106-26 Sec. 187. NRS 649.345 is hereby amended to read as follows:

106-27 649.345 1. Each licensed collection agency shall file with the

106-28 commissioner a written report, signed and sworn to by its manager, no later

106-29 than January 31 of each year, unless the commissioner determines that there

106-30 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 last

106-32 business day of the preceding month.

106-33 (b) The total sum on deposit in customer trust fund accounts and

106-34 available for immediate distribution as of the close of the last business day

106-35 of the preceding month, the title of the trust account or accounts, and the

106-36 name of the [bank or] banks or credit unions where the money is deposited.

106-37 (c) The total amount of creditors’ or forwarders’ share of money

106-38 collected more than 60 days before the last business day of the preceding

106-39 month and not remitted by that date.

106-40 (d) When the total sum under paragraph (c) exceeds $10, the name of

106-41 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 may

106-43 require.

107-1 2. The filing of any report required by this section which is known by

107-2 the collection agency to contain false information or statements constitutes

107-3 grounds for the suspension of the agency’s license or the manager’s

107-4 certificate, or both.

107-5 Sec. 188. NRS 649.355 is hereby amended to read as follows:

107-6 649.355 1. Every collection agency and collection agent shall openly,

107-7 fairly and honestly conduct the collection agency business and shall at all

107-8 times conform to the accepted business ethics and practices of the collection

107-9 agency business.

107-10 2. Every licensee shall at all times maintain a separate [bank] account in

107-11 a bank or credit union in which must be deposited all money collected.

107-12 Except as otherwise provided in regulations adopted by the commissioner

107-13 pursuant to NRS 649.054, the account must be maintained in a bank or

107-14 credit union located in this state and bear some title sufficient to distinguish

107-15 it from the licensee’s personal or general checking account and to designate

107-16 it as a trust account, such as "customer’s trust fund account." The trust

107-17 account must at all times contain sufficient money to pay all money due or

107-18 owing to all customers, and no disbursement may be made from the account

107-19 except to customers or to pay costs advanced for those customers, except

107-20 that a licensee may periodically withdraw from the account such money as

107-21 may accrue to the licensee from collections deposited or from adjustments

107-22 resulting from costs advanced and payments made directly to customers.

107-23 3. Every licensee maintaining a separate custodial or trust account shall

107-24 keep a record of all money deposited in the account, which must indicate

107-25 clearly the date and from whom the money was received, the date deposited,

107-26 the dates of withdrawals and other pertinent information concerning the

107-27 transaction, and must show clearly for whose account the money is

107-28 deposited and to whom the money belongs. The money must be remitted to

107-29 the creditors respectively entitled thereto within 30 days following the end

107-30 of the month in which payment is received. The records and money are

107-31 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 the

107-33 licensee is authorized to conduct business.

107-34 4. If the commissioner finds that a licensee’s records are not maintained

107-35 pursuant to subsections 2 and 3, he may require the licensee to deliver an

107-36 audited financial statement prepared from his records by a certified public

107-37 accountant who holds a certificate to engage in the practice of public

107-38 accounting in this state. The statement must be submitted within 60 days

107-39 after the commissioner requests it. The commissioner may grant a

107-40 reasonable extension for the submission of the financial statement if an

107-41 extension is requested before the statement is due.

108-1 Sec. 189. NRS 654.120 is hereby amended to read as follows:

108-2 654.120 1. The secretary of the board shall receive and account for all

108-3 money paid to the board pursuant to this chapter. The secretary of the board

108-4 shall deposit the money in banks , credit unions or savings and loan

108-5 associations in the State of Nevada.

108-6 2. Except as otherwise provided in subsection 5, all money received by

108-7 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 of

108-10 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 be

108-13 retained by the board for future disbursement for the purposes enumerated

108-14 in subsection 2.

108-15 4. The board may delegate to a hearing officer or panel its authority to

108-16 take any disciplinary action pursuant to this chapter, impose and collect

108-17 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 disciplinary

108-20 action pursuant to subsection 4 and the board deposits the money collected

108-21 from the imposition of fines with the state treasurer for credit to the state

108-22 general fund, it may present a claim to the state board of examiners for

108-23 recommendation to the interim finance committee if money is needed to pay

108-24 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:

108-26 656.230 All [moneys] money coming into the possession of the board

108-27 [shall] must be kept or deposited by the executive secretary of the board in

108-28 banks , credit unions or savings and loan institutions in the State of Nevada

108-29 to be expended for payment of compensation and expenses of board

108-30 members and for other necessary or proper purposes in the administration of

108-31 this chapter.

108-32 Sec. 191. NRS 663.025 is hereby amended to read as follows:

108-33 663.025 Whenever any deposit is made in any bank or credit union

108-34 doing business within this state by any person in trust for another, and no

108-35 other or further notice of the existence and terms of a legal and valid trust

108-36 has been given in writing to the bank [,] or credit union, upon the death of

108-37 the trustee the deposit or any part thereof, together with the dividends or

108-38 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:

108-40 663.045 Notwithstanding any provision of law of this state or of any

108-41 political subdivision thereof requiring security for deposits in the form of

108-42 collateral [,] or surety bond or in any other form, security for such deposits

108-43 shall not be required to the extent such deposits are insured under the

109-1 provisions of the Federal Deposit Insurance Act, as now or hereafter

109-2 amended [.] , or insured by the National Credit Union Share Insurance

109-3 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:

109-5 663.055 Any bank or credit union or officer of any bank or credit

109-6 union whose authority to transact a banking business has been revoked as

109-7 provided in this Title [,] or Title 56 of NRS, receiving any deposit of

109-8 whatever nature after such revocation, shall be subject to the same penalty

109-9 as provided in this Title or Title 56 of NRS for those who transact a banking

109-10 business without authority.

109-11 Sec. 194. NRS 663.065 is hereby amended to read as follows:

109-12 663.065 1. When any deposit is made in a bank or credit union by a

109-13 minor, the bank or credit union may pay to such depositor such sums as

109-14 may be due him, and the receipt of such minor to such bank or credit union

109-15 is valid.

109-16 2. A bank or credit union may operate a deposit account in the name of

109-17 a minor or in the name of two or more persons one or more of whom are

109-18 minors with the same effect upon its liability as if such minors were of full

109-19 age.

109-20 3. A bank or credit union may lease a safe-deposit box to, and in

109-21 connection therewith deal with, a minor with the same effect as if leasing to

109-22 and dealing with a person of full legal capacity.

109-23 4. An institution may rent a safe-deposit box or other receptacle for safe

109-24 deposit of property to, and receive property for safe deposit from, a married

109-25 minor and spouse, whether adult or minor, jointly.

109-26 5. This section does not affect the law governing transactions with

109-27 minors in cases outside the scope of this section.

109-28 Sec. 195. NRS 663.075 is hereby amended to read as follows:

109-29 663.075 1. A bank or credit union may arrange for the collection of

109-30 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 and

109-32 approved, in the case of public schools, by the board of trustees of the

109-33 school district in which the school is situated. The principal, teacher or

109-34 person authorized by the bank or credit union to make collections from the

109-35 school children must be the agent of the bank or credit union to make

109-36 collections from the school children, and the bank or credit union is liable

109-37 to the pupil for all deposits made with such principal, teacher or other

109-38 authorized person to the same extent as if the deposits were made directly

109-39 with the bank [.] or credit union.

109-40 2. The acceptance of deposits in furtherance of a school thrift or savings

109-41 plan by an officer, employee or agent of a bank or credit union at any

109-42 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:

110-2 666A.250 1. Each foreign bank which is licensed to establish and

110-3 maintain a state branch or agency shall hold in this state currency, bonds,

110-4 notes, debentures, drafts, bills of exchange or other evidence of

110-5 indebtedness, including loan participation agreements or certificates, or

110-6 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 convertible

110-8 into United States money, or such other assets as the commissioner by

110-9 regulation permits, in an amount which bears such relationship as the

110-10 commissioner prescribes to liabilities of the foreign bank payable at or

110-11 through its state branch or agency, including acceptances, but excluding

110-12 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 the

110-15 commissioner determines.

110-16 2. For the purposes of this section, the commissioner shall value

110-17 marketable securities at principal amount or market value, whichever is

110-18 lower, may determine the value of any nonmarketable bond, note,

110-19 debenture, draft, bill of exchange, other evidence of indebtedness, including

110-20 agreements for or certificates of participation in loans, or of any other asset

110-21 or obligation held or owed to the foreign bank or its state branch or agency

110-22 in this state, and in determining the amount of assets for the purpose of

110-23 computing the ratio of assets to liabilities, may by regulation exclude in

110-24 whole or in part any particular asset.

110-25 3. If, by reason of the existence or the potential occurrence of unusual

110-26 and extraordinary circumstances, the commissioner deems it necessary or

110-27 desirable for the maintenance of a sound financial condition, the protection

110-28 of depositors, creditors and the public interest, and to maintain public

110-29 confidence in the business of a state branch or agency, he may, subject to

110-30 such terms and conditions as he may prescribe, require a foreign bank to

110-31 deposit the assets required to be held in this state pursuant to this section

110-32 with such Nevada banks or credit unions as he may designate.

110-33 4. The assets held to satisfy the relationship of assets to liabilities

110-34 prescribed by the commissioner pursuant to this section may include

110-35 obligations of any person for money borrowed from a foreign bank holding

110-36 a license to establish and maintain a state branch or agency only to the

110-37 extent that the total of such obligations of any person are not more than 10

110-38 percent of the assets considered for purposes of this section.

110-39 Sec. 197. NRS 669.220 is hereby amended to read as follows:

110-40 669.220 1. Every trust company:

110-41 (a) Shall keep all trust funds and investments separate from the assets of

110-42 the company, and all investments made by the company as a fiduciary must

111-1 be designated so that the trust or estate to which the investments belong may

111-2 be clearly identified.

111-3 (b) Holding trust funds awaiting investment or distribution may deposit

111-4 or leave those funds on deposit with a state or national bank [.] or credit

111-5 union. The funds must not be deposited or left with the same corporation

111-6 depositing them or leaving them on deposit, or with a corporation or

111-7 association holding or owning a majority of the stock of the trust company

111-8 making or leaving the deposit, unless that corporation or association first

111-9 pledges, as security for the deposit, securities eligible for investment by

111-10 state banks or credit unions which have a market value equal to that of the

111-11 deposited funds. No security is required with respect to any portion of the

111-12 deposits that is insured under the provisions of [any] NRS 678.755 or a law

111-13 of the United States.

111-14 (c) Acting in any capacity under a court trust or private trust, unless the

111-15 instrument creating the trust provides otherwise, may cause any securities

111-16 held by it in its representative capacity to be registered in the name of a

111-17 nominee or nominees of the company.

111-18 (d) When acting as depositary or custodian for the personal

111-19 representative of a court trust or private trust, unless the instrument creating

111-20 the trust provides otherwise, may with the consent of the personal

111-21 representative of the trust, cause any securities held by it to be registered in

111-22 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 of

111-24 its nominees with respect to securities registered under this section.

111-25 3. No corporation or the registrar or transfer agent of the corporation is

111-26 liable for registering or causing to be registered on the books of the

111-27 corporation any securities in the name of any nominee of a trust company or

111-28 for transferring or causing to be transferred on the books of the corporation

111-29 any securities registered by the corporation in the name of any nominee of a

111-30 trust company when the transfer is made on the authorization of the

111-31 nominee.

111-32 4. Except as otherwise provided in subsection 5, a trust company’s

111-33 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 60

111-37 percent of the company’s current stockholders’ equity or 60 percent of the

111-38 company’s initial stockholders’ equity, whichever is greater.

111-39 5. A trust company may purchase or rent land and equipment for use in

111-40 the daily activities of the company.

111-41 Sec. 198. NRS 670.040 is hereby amended to read as follows:

111-42 670.040 "Financial institution" means any banking corporation , credit

111-43 union or trust company, savings and loan association, insurance company or

112-1 related corporation, partnership, foundation or other institution engaged

112-2 primarily in lending or investing [funds.] money.

112-3 Sec. 199. NRS 670A.040 is hereby amended to read as follows:

112-4 670A.040 "Financial institution" means any banking corporation ,

112-5 credit union or trust company, savings and loan association, insurance

112-6 company or related corporation, partnership, foundation or other institution

112-7 engaged primarily in lending or investing money.

112-8 Sec. 200. NRS 671.110 is hereby amended to read as follows:

112-9 671.110 1. In lieu of any surety bond, or any portion of the principal

112-10 sum thereof as required by this chapter, a licensee may deposit with the state

112-11 treasurer or with any bank , credit union or trust company authorized to do

112-12 business in this state as the licensee may select, with the approval of the

112-13 commissioner:

112-14 (a) Interest-bearing stocks;

112-15 (b) Bills, bonds, notes, debentures or other obligations of the United

112-16 States or any agency or instrumentality thereof, or guaranteed by the United

112-17 States; or

112-18 (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 this

112-20 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 bond

112-23 or portion thereof.

112-24 2. The securities must be held to secure the same obligation as would

112-25 the surety bond, but the depositor may receive any interest or dividends and,

112-26 with the approval of the commissioner, substitute other suitable securities

112-27 for those deposited.

112-28 Sec. 201. NRS 671.150 is hereby amended to read as follows:

112-29 671.150 1. All money or credits received by an agent of a licensee

112-30 from the sale and issuance of checks or for the purpose of transmission must

112-31 be remitted to the licensee or deposited with a bank or credit union

112-32 authorized to do business in this state for credit to an account of the licensee

112-33 not later than the third business day following its receipt.

112-34 2. Money received from the sale or issuance of checks or for the

112-35 purpose of transmission must not be commingled with the other assets of the

112-36 licensee or his agents.

112-37 3. If a license is suspended or terminated, the licensee shall immediately

112-38 deposit in an account in the name of the commissioner, an amount which is

112-39 sufficient to make the total money in the account equal to all outstanding

112-40 checks in the State of Nevada sold or issued and money or credits received

112-41 but not transmitted.

112-42 4. Each licensee shall at all times maintain liquid assets, government or

112-43 municipal securities or other marketable securities having a value, computed

113-1 in accordance with generally accepted accounting principles, equal to or

113-2 more than the aggregate liability of the licensee with respect to checks sold

113-3 and issued and money or credits received for transmission.

113-4 Sec. 202. NRS 681A.460 is hereby amended to read as follows:

113-5 681A.460 1. A transaction between a broker for reinsurance and the

113-6 insurer he represents may only be entered into by written agreement. The

113-7 agreement must specify the responsibilities of each party.

113-8 2. The insurer may terminate the authority of the broker for reinsurance

113-9 at any time.

113-10 3. The broker for reinsurance shall:

113-11 (a) Render accounts to the insurer accurately detailing all material

113-12 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 and

113-15 (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 by

113-17 the broker for reinsurance in a fiduciary capacity in a bank or credit union

113-18 which is a qualified financial institution.

113-19 5. The broker for reinsurance shall comply with the written standards

113-20 established by the insurer for the cession or retrocession of all risks.

113-21 6. The broker for reinsurance shall disclose to the insurer any

113-22 relationship with any reinsurer to which insurance will be ceded or

113-23 retroceded.

113-24 Sec. 203. NRS 681A.490 is hereby amended to read as follows:

113-25 681A.490 1. Transactions between a manager for reinsurance and the

113-26 reinsurer he represents must only be entered into pursuant to a written

113-27 contract which specifies the responsibilities of each party and is approved

113-28 by the board of directors of the reinsurer. At least 30 days before a reinsurer

113-29 assumes or cedes insurance, a copy of the contract must be filed with the

113-30 commissioner for approval.

113-31 2. The reinsurer may terminate the contract for cause upon written

113-32 notice to the manager for reinsurance and the reinsurer may suspend the

113-33 authority of the manager for reinsurance to assume or cede insurance during

113-34 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 material

113-37 transactions, including information necessary to support all commissions,

113-38 charges and other fees received by or owing to him; and

113-39 (b) Remit all money due pursuant to the contract to the reinsurer

113-40 monthly.

113-41 4. All money collected for the account of the reinsurer must be held by

113-42 the manager for reinsurance, in a fiduciary capacity, in a bank or credit

113-43 union which is a qualified financial institution. The manager for reinsurance

114-1 may retain no more than the total of 3 months’ estimated payments on

114-2 claims and allocated expenses of adjusting losses. The manager for

114-3 reinsurance shall maintain a separate [bank] account in a bank or credit

114-4 union for each reinsurer that he represents.

114-5 5. The contract must not be assigned in whole or in part by the manager

114-6 for reinsurance.

114-7 Sec. 204. NRS 681B.010 is hereby amended to read as follows:

114-8 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 insurer

114-10 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 , credit

114-13 union or trust company.

114-14 2. Investments, securities, properties and loans acquired or held in

114-15 accordance with this code, and in connection therewith the following items:

114-16 (a) Interest due or accrued on any bond or evidence of indebtedness

114-17 which is not in default and which is not valued on a basis including accrued

114-18 interest.

114-19 (b) Declared and unpaid dividends on stock and shares, unless such

114-20 amount has otherwise been allowed as an asset.

114-21 (c) Interest due or accrued upon a collateral loan in an amount not to

114-22 exceed 1 year’s interest thereon.

114-23 (d) Interest due or accrued on deposits in solvent banks , credit unions

114-24 and trust companies, and interest due or accrued on other assets, if such

114-25 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 not

114-27 exceeding in any event the amount, if any, of the excess of the value of the

114-28 property less delinquent taxes thereon over the unpaid principal; but in no

114-29 event may interest accrued for a period in excess of 18 months be allowed

114-30 as an asset.

114-31 (f) Rent due or accrued on real property if such rent is not in arrears for

114-32 more than 3 months, and rent more than 3 months in arrears if the payment

114-33 of such rent is adequately secured by property held in the name of the tenant

114-34 and conveyed to the insurer as collateral.

114-35 (g) The unaccrued portion of taxes paid before the due date on real

114-36 property.

114-37 3. Premium notes, policy loans and other policy assets and liens on

114-38 policies and certificates of life insurance and annuity contracts and accrued

114-39 interest thereon, in an amount not exceeding the legal reserve and other

114-40 policy liabilities carried on each individual policy.

114-41 4. The net amount of uncollected and deferred premiums and annuity

114-42 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. The

115-3 foregoing limitation does not apply to premiums payable directly or

115-4 indirectly by the United States Government or by any of its

115-5 instrumentalities.

115-6 6. Installment premiums other than life insurance premiums to the

115-7 extent of the unearned premium reserve carried on the policy to which

115-8 premiums apply.

115-9 7. Notes and like written obligations not past due, taken for premiums

115-10 other than life insurance premiums, on policies permitted to be issued on

115-11 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 from

115-13 a solvent reinsurer, which reinsurance is authorized under NRS 681A.110.

115-14 9. Amounts receivable by an assuming insurer representing [funds]

115-15 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 suspended [banking]

115-18 financial institution, to the extent deemed by the commissioner available

115-19 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 this

115-21 section, as may be allowed pursuant to the annual statement form approved

115-22 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 reasonably

115-24 necessary for the conduct of its abstract or title insurance business, at not to

115-25 exceed the cost thereof.

115-26 13. Electronic and mechanical machines and related equipment

115-27 constituting a data processing, recordkeeping or accounting system or

115-28 systems if the cost of each such system is at least $25,000, which cost must

115-29 be amortized in full over a period not to exceed 10 years. The aggregate

115-30 amount invested in all such systems must not exceed 5 percent of the

115-31 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 and

115-34 claims at values to be determined by him.

115-35 Sec. 205. NRS 682A.190 is hereby amended to read as follows:

115-36 682A.190 An insurer may invest in share or savings accounts of credit

115-37 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 is

115-39 insured by the Federal Deposit Insurance Corporation [.] , the National

115-40 Credit Union Share Insurance Fund or a private insurer approved

115-41 pursuant to NRS 678.755.

116-1 Sec. 206. NRS 682B.050 is hereby amended to read as follows:

116-2 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 insurer

116-4 and where of greater convenience to the insurer, permit such deposit to be

116-5 made with and held by the trust department of an established bank or credit

116-6 union located in Nevada if both the bank or credit union and the custodial

116-7 arrangements are approved by the commissioner . [for the purpose, and

116-8 under custodial arrangements likewise approved by him.]

116-9 2. All such custodial arrangements shall comply in substance with the

116-10 requirements of this code as to like deposits through the commissioner, as to

116-11 amount, purposes, maintenance, replenishment, release and withdrawal, and

116-12 as to the rights of the insurer therein.

116-13 3. The cost of any such custodianship shall be borne by the insurer. The

116-14 State of Nevada shall have no responsibility for the safekeeping of any such

116-15 deposit.

116-16 4. The commissioner may at any time, in his discretion, terminate any

116-17 such custodial arrangement and require the deposit represented thereby to

116-18 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:

116-21 682B.130 1. An alien insurer may use Nevada as a state of entry to

116-22 transact insurance in the United States of America by making and

116-23 maintaining in this state a deposit of assets in trust with a bank , credit

116-24 union or trust company approved by the commissioner.

116-25 2. The deposit, together with other trust deposits of the insurer held in

116-26 the United States of America for the same purpose, [shall] must be in an

116-27 amount not less than as required of an alien insurer under NRS 680A.140 ,

116-28 [(] deposit requirement in general , [), and shall] and must consist of United

116-29 States [cash funds,] money, public obligations of the government or states

116-30 or political subdivisions of the United States of America, and obligations of

116-31 corporations and institutions in the United States of America, all as eligible

116-32 for the investment of [funds] money of domestic insurers under NRS

116-33 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:

116-36 683A.0877 1. All insurance charges and premiums collected by an

116-37 administrator on behalf of an insurer and return premiums received from an

116-38 insurer are held by the administrator in a fiduciary capacity.

116-39 2. Money shall be remitted within 15 days to the person or persons

116-40 entitled to it, or shall be deposited within 15 days in a fiduciary [bank]

116-41 account established and maintained by the administrator within the state [.]

116-42 in a bank or credit union.

117-1 3. If charges or premiums deposited in an account have been collected

117-2 on behalf of more than one insurer, the administrator shall cause the bank or

117-3 credit union in which the account is maintained to record clearly the

117-4 deposits and withdrawals from the account on behalf of each insurer.

117-5 4. The administrator shall promptly obtain and keep copies of all [bank]

117-6 account records and shall furnish any insurer with copies of the records

117-7 which pertain to him upon demand of the insurer.

117-8 5. The administrator may not pay any claim by withdrawing money

117-9 from his fiduciary account.

117-10 6. Withdrawals shall be made as provided in the agreement between the

117-11 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 entitled

117-16 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:

117-20 683A.400 1. All [funds] money of others received by any person in

117-21 any way licensed or acting as an insurance agent, broker, solicitor, surplus

117-22 lines broker, motor club agent or bail agent under any insurance policy or

117-23 undertaking of bail, are received and held by [such] the person in a

117-24 fiduciary capacity. Any such person who diverts or appropriates such

117-25 fiduciary [funds] money to his own use is guilty of embezzlement.

117-26 2. Each such person who does not make immediate remittance of [such

117-27 funds] the money to the insurer or other person entitled thereto, shall elect

117-28 and follow with respect to [funds] money received for the account of a

117-29 particular insurer or person either of the following methods:

117-30 (a) Remit received premiums, less applicable commissions, if any, and

117-31 return premiums to the insurer or other person entitled thereto within 15

117-32 days after [such] receipt; or

117-33 (b) Establish and maintain in a commercial bank , credit union or other

117-34 established financial institution depositary in this state one or more

117-35 accounts, separate from accounts holding his general personal, firm or

117-36 corporate [funds,] money, and forthwith deposit and retain [therein] in the

117-37 accounts pending transmittal to the insurer or other person entitled thereto,

117-38 all such premiums, net of applicable commissions, if any, and return

117-39 premiums. [Funds] Money belonging to more than one principal may be so

117-40 deposited and held in the same such account if the amount so held for each

117-41 [such] principal is readily ascertainable from the records of the depositor.

117-42 The depositor may commingle with such fiduciary [funds] money in a

117-43 particular account such additional [funds] money as he may deem prudent to

118-1 advance premiums, establish reserves for the payment of return

118-2 commissions, or for other contingencies arising in his business of receiving

118-3 and transmitting premiums or return premiums.

118-4 3. Such a person may commingle with his own [funds] money to an

118-5 unlimited amount [funds] money of a particular principal if the principal in

118-6 writing in advance has specifically waived the segregation requirements of

118-7 subsection 2.

118-8 4. Any commingling of [funds with funds] money with money of any

118-9 such person permitted under this section does not alter the fiduciary

118-10 capacity of such person with respect to the [funds] money of others.

118-11 Sec. 210. NRS 689.145 is hereby amended to read as follows:

118-12 689.145 "Trustee" means [any] :

118-13 1. A state or national bank [,] ;

118-14 2. A trust company [or] ;

118-15 3. A federally insured savings and loan association [,] ; or

118-16 4. A credit union insured by the National Credit Union Share

118-17 Insurance Fund or by a private insurer approved pursuant to NRS

118-18 678.755,

118-19 authorized to transact such business in the State of Nevada and designated

118-20 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:

118-22 689.325 1. Not more than 75 percent of the earnings of such

118-23 investments, including capital gains, as they accrue and are received, may

118-24 be disbursed by the trustee to the seller or his designee. The remainder of

118-25 any earnings must be held by the trustee to establish a reserve for securities

118-26 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 equal

118-28 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 of

118-31 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) [Bank deposits] Deposits in any [federally insured] bank , credit

118-35 union or savings and loan association [;] that is federally insured or

118-36 insured by a private insurer approved pursuant to NRS 678.755; or

118-37 (e) With the written approval of the commissioner, any investment which

118-38 would have guaranteed liquidity,

118-39 then no earnings of those investments, including capital gains, if any, as

118-40 such earnings accrue and are received, may be disbursed by the trustee to

118-41 the seller or his designee which would reduce the corpus of the trust fund

118-42 below 100 percent of the required value of the trust. Earnings in excess of

119-1 100 percent of the required value of the trust or 125 percent of the total trust

119-2 liability, whichever is appropriate, may be distributed annually.

119-3 4. Earnings are defined as any sum remaining in the trust fund after

119-4 deducting costs of administration over and above 100 percent of the

119-5 required value of the trust.

119-6 5. Every trustee handling money in a trust fund pursuant to NRS

119-7 689.150 to 689.375, inclusive, shall file with the commissioner, within 15

119-8 days after the first day of each calendar quarter, a financial statement

119-9 showing the activity of all trusts required to be maintained by any seller and

119-10 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 the

119-12 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 certificate

119-15 of authority.

119-16 6. The trust must be valued quarterly and averaged annually to

119-17 determine the total value of the trust. If the average market value as of

119-18 December 31 of each year is below 100 percent of the required value of the

119-19 trust or 125 percent of the total trust liability, the commissioner may

119-20 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:

119-22 689.565 1. Not more than 60 percent of the earnings of such

119-23 investments, including capital gains, as they accrue and are received, may

119-24 be disbursed by the trustee to the seller or his designee. The remainder of

119-25 any earnings must be held by the trustee to establish a reserve for securities

119-26 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 equal

119-28 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 of

119-31 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) [Bank deposits] Deposits in any [federally insured] bank , credit

119-35 union or savings and loan association [;] that is federally insured or

119-36 insured by a private insurer approved pursuant to NRS 678.755; or

119-37 (e) With the written approval of the commissioner, any investment which

119-38 has guaranteed liquidity,

119-39 then no earnings of those investments, including capital gains, if any, as

119-40 such earnings accrue and are received, may be disbursed by the trustee to

119-41 the seller or his designee which would reduce the corpus of the trust fund

119-42 below 100 percent of the required value of the trust. Earnings in excess of

120-1 100 percent of the required value of the trust or 125 percent of the total trust

120-2 liability, whichever is appropriate, may be distributed annually.

120-3 4. Earnings are defined as any sum remaining in the trust fund after

120-4 deducting costs of administration over and above 100 percent of the

120-5 required value of the trust.

120-6 5. Every trustee handling money in a trust fund pursuant to NRS

120-7 689.450 to 689.595, inclusive, shall file with the commissioner, within 15

120-8 days after the first day of each calendar quarter, a financial statement

120-9 showing the activity of all trusts required to be maintained by any seller and

120-10 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 transactions

120-12 involving the account. The statement must be on forms prescribed and

120-13 adopted by the commissioner. Every quarterly report must be accompanied

120-14 by a fee of $10. If the statement is not received by the commissioner as

120-15 required, he may, after giving the seller 10 days’ written notice, revoke the

120-16 seller’s permit.

120-17 6. The trust must be valued quarterly and averaged annually to

120-18 determine the total value of the trust. If the average market value of the trust

120-19 as of December 31 of each year is below 100 percent of the required value

120-20 of the trust or 125 percent of the total trust liability, the commissioner may

120-21 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:

120-23 692A.250 1. Money deposited in escrow is not subject to execution or

120-24 attachment on any claim against the title insurer, title agent or escrow

120-25 officer.

120-26 2. A title insurer, title agent or escrow officer shall not knowingly keep

120-27 or cause to be kept any money in any bank , credit union or other financial

120-28 institution under any name designating the money as belonging to his clients

120-29 or those of another such person unless the money was actually entrusted to

120-30 him for deposit in escrow.

120-31 3. All money deposited in escrow to be delivered upon the close of the

120-32 escrow or upon any other contingency must be kept separate from money

120-33 belonging to the title insurer, title agent or escrow officer and must be

120-34 deposited in a [federally insured] financial institution that is federally

120-35 insured or insured by a private insurer approved pursuant to NRS

120-36 678.755 unless another financial institution has been designated in writing

120-37 in the instructions for the escrow. The money when deposited must be

120-38 designated as "trust funds" or "escrow accounts" or under some other

120-39 appropriate name indicating that the money is not the money of the title

120-40 insurer, title agent or escrow officer.

121-1 4. The commissioner shall adopt regulations defining the term

121-2 "commingling" for the purposes of this chapter and prescribing acceptable

121-3 business practices for title agents and escrow officers for handling money

121-4 deposited in escrow.

121-5 Sec. 214. NRS 692B.170 is hereby amended to read as follows:

121-6 692B.170 1. The holder of the solicitation permit shall promptly

121-7 deposit all [funds] money, [(] except as provided in paragraph (a) of

121-8 subsection 2 , [)] received from an offering of securities in this state

121-9 pursuant to the permit, other than advance premiums for insurance which

121-10 are subject to NRS 692B.230, in escrow in a bank , credit union or trust

121-11 company located in this state and under an agreement consistent with this

121-12 chapter filed with and approved by the commissioner.

121-13 2. No part of [such funds shall] the money may be withdrawn from

121-14 [such] the deposit, except:

121-15 (a) For payment of organization, sales and promotion expenses as earned

121-16 and as authorized by the permit, and [funds] money for such purposes, up to

121-17 the applicable expense limit on [funds] money as received, may be withheld

121-18 from the deposit;

121-19 (b) For the purpose of making any deposit with the commissioner

121-20 required for the issuance of a certificate of authority to an insurer, or if the

121-21 organization is not, or is not to be, an insurer, upon completion of payments

121-22 on securities subscriptions made under the permit and deposit or

121-23 appropriation of such [funds] money to the purposes specified in the permit;

121-24 or

121-25 (c) For the making of refunds as provided in NRS [692B.180.

121-26 3. Funds] 692B.240.

121-27 3. Money while so held in escrow may be invested in certificates of

121-28 deposit or savings accounts. Interest accruing thereon [shall become]

121-29 becomes part of the [funds] money released as provided in paragraph (b) of

121-30 subsection 2, or [shall] must be applied toward the cost of making refunds

121-31 under paragraph (c) of subsection 2, or to supplement the bond or deposit in

121-32 lieu thereof if the [same] bond or deposit is called on pursuant to NRS

121-33 692B.150.

121-34 4. When the commissioner has issued a certificate of authority to a

121-35 proposed insurer he shall release to the insurer any [such funds] the money

121-36 remaining in escrow for its account.

121-37 5. The commissioner may in his discretion waive compliance with this

121-38 section as to [funds] money to be received under a subsequent financing

121-39 permit pursuant to NRS 692B.260, or in other circumstances where he

121-40 deems such an escrow to be unnecessary for the protection of investors or

121-41 the public.

122-1 Sec. 215. NRS 692B.230 is hereby amended to read as follows:

122-2 692B.230 1. All sums collected by a domestic mutual corporation as

122-3 premiums or fees on qualifying applications for insurance therein [shall]

122-4 must be deposited in escrow with a bank , credit union or trust company

122-5 located in this state under a written agreement filed with and approved by

122-6 the commissioner. [Terms] The terms of such an agreement [shall] must be

122-7 consistent with those of the solicitation permit and of the applicable

122-8 provisions of this section and NRS 692B.250.

122-9 2. Upon issuance to the corporation of a certificate of authority as an

122-10 insurer for the kind of insurance for which such applications were solicited,

122-11 all [funds] money so held in escrow [shall become the funds] becomes the

122-12 money of the insurer. Until the certificate of authority is issued, [such funds

122-13 shall remain] the money remains the property of the applicants for

122-14 insurance as respectively entitled thereto.

122-15 Sec. 216. NRS 695D.250 is hereby amended to read as follows:

122-16 695D.250 1. An organization for dental care shall set aside a reserve

122-17 equal to 3 percent of the premiums collected from its members up to a total

122-18 of $500,000. This reserve is in addition to the bond or deposit filed with the

122-19 commissioner.

122-20 2. This section does not apply to organizations receiving money from

122-21 federal, state or municipal governments or their political subdivisions or

122-22 another comparable resource which have had their deposit or bond reduced

122-23 by the commissioner.

122-24 3. Every organization shall maintain the reserves required by NRS

122-25 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 a

122-27 fiduciary capacity. The organization must deposit the reserve in an interest-

122-28 bearing trust account established in a [federally insured] bank, credit union

122-29 or savings and loan association in this state [.] that is federally insured or

122-30 insured by a private insurer approved pursuant to NRS 678.755. The

122-31 account must be separate from all other accounts maintained by the

122-32 organization.

122-33 5. Any person who diverts or appropriates reserves held in a fiduciary

122-34 capacity pursuant to this section for his own use is guilty of embezzlement.

122-35 6. The commissioner may adopt reasonable regulations related to the

122-36 adequacy of a reserve required by this section and the establishment and

122-37 maintenance of a trust account pursuant to this section.

122-38 Sec. 217. NRS 695F.190 is hereby amended to read as follows:

122-39 695F.190 1. A prepaid limited health service organization shall set

122-40 aside a reserve equal to 3 percent of the premiums collected from its

122-41 enrollees in an amount not to exceed $500,000. The reserve is in addition to

122-42 the bond or deposit filed with the commissioner.

123-1 2. The reserve:

123-2 (a) Must be deposited in a trust account in a [federally insured] financial

123-3 institution which is located in this state [.] and which is federally insured

123-4 or insured by a private insurer approved pursuant to NRS 678.755. The

123-5 income earned on money in the account must be paid to the organization

123-6 and used for its operations.

123-7 (b) Is in addition to the reserve established by the organization according

123-8 to good business and accounting practices for incurred but unreported

123-9 claims and other similar claims.

123-10 Sec. 218. NRS 696B.360 is hereby amended to read as follows:

123-11 696B.360 1. The [moneys] money collected by the commissioner in a

123-12 proceeding under this chapter [shall] must be from time to time deposited in

123-13 one or more state or national banks, savings banks , credit unions or trust

123-14 companies, and in the case of the insolvency or voluntary or involuntary

123-15 liquidation of any such depositary which is an institution organized and

123-16 supervised under the laws of this state, such deposits [shall be] are entitled

123-17 to priority of payment on an equality with any other priority given by the

123-18 banking laws of this state.

123-19 2. The commissioner may in his discretion deposit [such moneys] the

123-20 money or any part thereof in a national bank , credit union or trust company

123-21 as a trust fund.

123-22 Sec. 219. NRS 706.3058 is hereby amended to read as follows:

123-23 706.3058 For the purposes of NRS 706.3056, the department may

123-24 accept from the operator of a taxicab any one of the following forms of

123-25 security, or any combination thereof:

123-26 1. A time certificate of deposit with any bank or credit union licensed

123-27 or chartered by this state or the Federal Government, made payable to the

123-28 operator and the department.

123-29 2. Bonds and securities issued or guaranteed by the Federal

123-30 Government made payable to the operator and the department.

123-31 3. A deposit in an amount required by NRS 706.3056 made with the

123-32 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 surety

123-34 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 SECTION

 

124-3 678.770 Maintenance and retention of records.

124-4 1. All records of a credit union incorporated under this chapter shall be

124-5 kept for a period of 6 years from the date of making the record or from the

124-6 date of the last entry.

124-7 2. A credit union is not required to receipt for payment, except as may

124-8 be provided in the bylaws, nor is it necessary to endorse a note showing date

124-9 of payments or balance due.

~