Senate Bill No. 39–Senator Amodei
Prefiled January 27, 1999
____________
Referred to Committee on Commerce and Labor
SUMMARY—Revises various provisions governing credit unions and deposit of money. (BDR 56-719)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
~
EXPLANATION – Matter in
bolded italics is new; matter between brackets
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1
Section 1. NRS 673.276 is hereby amended to read as follows: 673.276 An association may invest in:1-3
1. Without limit, obligations of, or obligations guaranteed as to1-4
principal and interest by, the United States or any state.1-5
2. Obligations of the United States Postal Service, whether or not1-6
guaranteed as to principal and interest by the United States.1-7
3. Stock of a Federal Home Loan Bank of which the association is1-8
eligible to be a member.1-9
4. Any obligations or consolidated obligations of any Federal Home1-10
Loan Bank or Banks.1-11
5. Stock or obligations of the Federal Deposit Insurance Corporation.1-12
6. Stock or obligations of a national mortgage association or any1-13
successor or successors thereto, including the Federal National Mortgage1-14
Association.2-1
7. Demand, time or savings deposits with any bank , credit union or2-2
trust company whose deposits are insured by the Federal Deposit Insurance2-3
Corporation2-4
private insurer approved pursuant to NRS 678.755.2-5
8. Stock or obligations of any corporation or agency of the United2-6
States or any state, or in deposits therewith to the extent that such a2-7
corporation or agency assists in furthering or facilitating the association’s2-8
purposes or powers.2-9
9. Savings accounts of any insured association licensed by the state and2-10
of any federal savings and loan association, if the accounts of the savings2-11
and loan association are insured by the Federal Deposit Insurance2-12
Corporation.2-13
10. Bonds, notes or other evidences of indebtedness which are general2-14
obligations of any city, town, county, school district or other municipal2-15
corporation or political subdivision of any state.2-16
11. Capital stock and other securities of:2-17
(a) A state development corporation organized under the provisions of2-18
chapter 670 of NRS.2-19
(b) A corporation for economic revitalization and diversification2-20
organized under the provisions of chapter 670A of NRS, if the association is2-21
a member of the corporation, and to the extent of its loan limit established2-22
under NRS 670A.200.2-23
12. Any other investment at the discretion of the association’s directors2-24
if, after the investment is made, the association’s accounts remain insurable2-25
by the Federal Deposit Insurance Corporation.2-26
Sec. 2. NRS 673.377 is hereby amended to read as follows: 673.377 1. Every association shall have on hand at all times in2-28
available money,2-29
United States Government bonds, certificates of insured savings and loan2-30
associations, Federal Home Loan Bank evidences of indebtedness, time2-31
certificates of insured federal and state banks , time certificates of insured2-32
credit unions or2-33
instrumentality which is by statute fully guaranteed, a sum not less than 52-34
percent of the aggregate of savings accounts and investment certificates to2-35
enable it to pay withdrawals in excess of receipts and to meet accruing2-36
expenses. The commissioner may prescribe from time to time different2-37
amounts required for liquidity purposes, but the amounts must not be less2-38
than 4 percent or more than 8 percent.2-39
2. A deposit in a bank , credit union or association under the control or2-40
the possession of appropriate supervisory authority must not be considered2-41
as cash. Except for deposits in a Federal Home Loan Bank, a time deposit3-1
established hereafter, whether or not time deposit-open account or deposit3-2
evidenced by a certificate of deposit, must not be considered as cash for3-3
such purposes unless:3-4
(a) The member itself made the deposit in question;3-5
(b) The deposit, together with all other time deposits of the association in3-6
the same bank3-7
3-8
(1) One-quarter of 1 percent of the3-9
or credit union as of the3-10
the bank or credit union; or3-11
(2) Fifteen thousand dollars; and3-12
(c) No consideration was received from a third party in connection with3-13
the making of the deposit.3-14
3. An association must not make or purchase any loan, other than3-15
advances on the sole security of its savings accounts, at any time when its3-16
liquidity drops below the required level. For the purpose of this section, a3-17
loan is deemed to have been made as of the date the borrower executed the3-18
security instrument, and a loan is deemed to have been purchased as of the3-19
date of the payment therefor.3-20
Sec. 3. NRS 676.220 is hereby amended to read as follows: 676.220 Each licensee shall:3-22
1. Open and maintain a separate trust account in a state3-23
national bank or credit union doing business in this state. All money3-24
received from debtors for the benefit of creditors must be deposited in, and3-25
all payments to creditors must be disbursed from, this account.3-26
2. Keep and use such books and accounting records as are in accord3-27
with sound and accepted accounting practices.3-28
3. Maintain a separate record or ledger card for the account of each3-29
debtor, showing the amount of money received from and disbursed on3-30
behalf of each debtor.3-31
4. Maintain a separate record, in a form approved by the commissioner,3-32
or ledger card for each creditor, identifying the particular debtor-source of3-33
money and showing the amount of money disbursed in accordance with the3-34
appropriate debt-adjustment contract.3-35
5. Preserve all books and accounting records for at least 7 years after3-36
making the final entry therein.3-37
Sec. 4. NRS 677.230 is hereby amended to read as follows: 677.230 1. Except as otherwise provided in subsection 2, the3-39
commissioner may establish the basis upon which reasonable and adequate3-40
reserves must be created and maintained, which must be no less than 33-41
percent of the deposits, in4-1
(a) Cash and due from federally insured financial institutions in this4-3
pursuant to NRS 678.755, or any Federal Reserve Bank4-4
(b) United States treasury bills or notes4-5
(c) Short-term obligations of the federal or state government ; or4-6
4-7
(d) Money deposited in federally insured financial institutions in this4-8
state , financial institutions insured by a private insurer approved4-9
pursuant to NRS 678.755, or any Federal Reserve Bank.4-10
For the purposes of this subsection, "short-term" means having a maturity of4-11
2 years or less.4-12
2. The commissioner shall require a licensee who is insured by the4-13
Federal Deposit Insurance Corporation to comply with the reserve4-14
requirements established by that insurer.4-15
Sec. 5. NRS 677.570 is hereby amended to read as follows: 677.570 When the commissioner takes possession of the property and4-17
business of any company for the purpose of liquidation or conservation, he4-18
may liquidate or conserve the company. In such a liquidation or4-19
conservation the commissioner has the same authority with reference to4-20
licensees as are vested in the commissioner by Title 55 of NRS with4-21
reference to banks and in addition may deposit money coming into his4-22
hands in the course of liquidation in one or more state or national banks4-23
or credit unions.4-24
Sec. 6. NRS 677.600 is hereby amended to read as follows: 677.600 A licensee shall not deposit any of its money with any other4-26
moneyed corporation, unless that corporation has been designated as a4-27
depository by a majority vote of the directors or the executive committee,4-28
exclusive of any director who is an officer, director or trustee of the4-29
depository so designated. Such a depository must be a federally insured4-30
financial institution , a financial institution insured by a private insurer4-31
approved pursuant to NRS 678.755 or any Federal Reserve Bank.4-32
Sec. 7. NRS 677.610 is hereby amended to read as follows: 677.610 A licensee shall not invest any of its money, except:4-34
1. As authorized in this chapter;4-35
2. In legal investments for banks , credit unions or savings associations;4-36
or4-37
3. To the extent of 5 percent or less of its total assets, in preferred stock4-38
of corporations which have been given a rating of "A" or better by a4-39
national rating service and which are not in default in the payment of4-40
dividends.5-1
Sec. 8. NRS 678.260 is hereby amended to read as follows: 678.260 The commissioner shall:5-3
1. Adopt a regulation establishing the minimum surety bond required of5-4
credit unions in relation to the amount of property under their control.5-5
2. Adopt a regulation that sets forth the records a credit union must5-6
keep and prescribes the period for which those records must be retained.5-7
3. Maintain the original application of every credit union in a5-8
permanent file.5-9
5-10
with the division of financial institutions.5-11
5-12
deposit all fees, charges for expenses, assessments and other money which5-13
is collected pursuant to the provisions of this chapter or any regulation5-14
adopted thereunder, in the state treasury for credit to the state general fund.5-15
5-16
with the provisions of this chapter which may be used by persons interested5-17
in organizing a credit union.5-18
Sec. 9. NRS 678.490 is hereby amended to read as follows:5-19
678.490 A credit union may:5-20
1. Hold membership in other credit unions organized under this chapter,5-21
in the Nevada Credit Union League and in other organizations composed of5-22
credit unions;5-23
2. Perform such tasks and missions as may be requested by the Federal5-24
Government, the State of Nevada or any agency or political subdivision5-25
thereof , including, without limitation, a city, county or school district,5-26
when approved by the board of directors and not inconsistent with the5-27
provisions of this chapter;5-28
3. Act as fiscal agent for and receive deposits from the Federal5-29
Government,5-30
agency or political subdivision thereof, including, without limitation, a5-31
city, county or school district; and5-32
4. Perform trust services for its members, including the trust estates of5-33
deceased members, and act as a custodian of qualified pension funds of self-5-34
employed individuals under the provisions of 26 U.S.C. §§ 861 et seq.5-35
Sec. 10. NRS 678.690 is hereby amended to read as follows:5-36
678.690 For the purpose of establishing the reserves required by NRS5-37
678.670 and 678.680, all assets except the following are considered risk5-38
assets:5-39
1. Cash on hand;5-40
2. Deposits or shares in federal or state banks, savings and loan5-41
associations and credit unions;6-1
3. Assets which are insured by, fully guaranteed as to principal and6-2
interest by, or due from the6-3
the Federal National Mortgage Association or the Government National6-4
Mortgage Association;6-5
4. Loans to other credit unions;6-6
5. Loans to members of the credit union which are fully secured by the6-7
shares of the member applying therefor;6-8
6. Loans to students insured under the provisions of the Higher6-9
Education Act of 1965 ,6-10
insurance programs;6-11
7. Loans insured under the National Housing Act, as amended ,6-12
U.S.C. § 1703 ,6-13
8. Shares or deposits in central credit unions organized under the6-14
provisions of NRS 678.850, or of any other state law or the Federal Credit6-15
Union Act of 1934, as amended ,6-16
9. Common trust investments which deal in investments authorized by6-17
this chapter;6-18
10. Prepaid expenses;6-19
11. Accrued interest on nonrisk investments;6-20
12. Furniture and equipment;6-21
13. Land and buildings6-22
14. A deposit for insurance for members’ accounts required pursuant6-23
to subsection 3 of NRS 678.750.6-24
Sec. 11. NRS 678.730 is hereby amended to read as follows: 678.730 1. A credit union may make loans to its directors and to6-26
members of its committees, except that any loan or aggregate of loans to any6-27
one director or member of a committee which is more than6-28
$30,000 plus pledged shares must be approved by the board.6-29
2. A credit union may permit its directors and members of its6-30
committees to act as guarantor or endorser of loans to other members,6-31
except that when such a loan standing alone or when added to any6-32
outstanding loan to the guarantor is more than6-33
of the board is required.6-34
Sec. 12. NRS 678.760 is hereby amended to read as follows: 678.760 Money not used in loans to members may be invested in:6-36
1. Securities, obligations, participations or other instruments of or6-37
issued by or fully guaranteed as to principal and interest by the United6-38
States of America or any agency thereof or in any trust or trusts established6-39
for investing directly or collectively in these instruments;6-40
2. Obligations of this state or any political subdivision thereof6-41
including, without limitation, a city, county or school district;6-42
3. Certificates of deposit or passbook type accounts issued by a state or6-43
national bank, mutual savings bank or savings and loan association;7-1
4. Loans to or shares or deposits of other credit unions as permitted by7-2
the bylaws;7-3
5. Capital shares, obligations or preferred stock issues of any agency or7-4
association organized either as a stock company, mutual association or7-5
membership corporation if the membership or stockholdings, as the case7-6
may be, of the agency or association are confined or restricted to credit7-7
unions or organizations of credit unions, and the purposes for which the7-8
agency or association is organized are designed to service or otherwise7-9
assist credit union operations;7-10
6. Shares of a cooperative society organized under the laws of this state7-11
or the United States in a total amount not exceeding 10 percent of the7-12
shares, deposits and surplus of the credit union;7-13
7. Capital stock and other securities of a corporation for economic7-14
revitalization and diversification organized under the provisions of chapter7-15
670A of NRS, if the credit union is a member of the corporation, and to the7-16
extent of its loan limit established under NRS 670A.200;7-17
8. Stocks and bonds of United States corporations to a maximum of 57-18
percent of unallocated reserves, except that such an investment must be7-19
limited to stocks or bonds yielding income which are approved by the7-20
commissioner;7-21
9. Loans to any credit union association, national or state, of which the7-22
credit union is a member, except that such an investment must be limited to7-23
1 percent of the shares, capital deposits and unimpaired surplus of the credit7-24
union7-25
10. Negotiable obligations of federal or state banks.7-26
Sec. 13. NRS 11.290 is hereby amended to read as follows: 11.290 Except as otherwise provided in subsection 5 of NRS 104.3118,7-28
to actions brought to recover money or other property deposited with any7-29
bank, credit union, banker, trust company or savings and loan society, there7-30
is no limitation.7-31
Sec. 14. NRS 31.291 is hereby amended to read as follows: 31.291 1. Debts and credits, due or to become due, from a bank7-33
incorporated under the laws of the State of Nevada or the laws of the United7-34
States of America, or other personal property held by the bank must be7-35
garnished by serving a copy of the writ of garnishment on one of the7-36
following officers of the bank:7-37
(a) If the bank has no branches, trust department or military facility, on7-38
the president, vice president, assistant vice president, cashier, assistant7-39
cashier, manager or other managing officer in charge of the bank owing the7-40
debts, or having in its possession or under its control the credits or other7-41
personal property.8-1
(b) If the bank has branches or military facilities owing the debts or8-2
having in its possession or under its control the credits or other personal8-3
property, on the vice president, assistant vice president, assistant cashier,8-4
manager or other managing officer in charge of the branch or in charge of8-5
the military facility. Service on that officer or agent constitutes a valid levy8-6
on any debt, credit or other personal property owing by any branch or8-7
military facility of the bank.8-8
(c) If the bank has a trust department owing the debts or having in its8-9
possession or under its control the credits or other personal property, on the8-10
vice president and trust officer, trust officer, assistant trust officer or other8-11
managing officer of the trust department.8-12
2. Debts and credits due or to become due from a credit union or8-13
savings and loan association incorporated under the laws of the State of8-14
Nevada or the laws of the United States of America or other personal8-15
property and choses in action held by the credit union or savings and loan8-16
association must be garnished by serving the writ of garnishment in the8-17
same manner as upon banks pursuant to subsection 1.8-18
3. A garnishment pursuant to this section creates a lien only upon the8-19
amounts in the accounts or to the credit of the debtor at the time of service8-20
of the writ of garnishment. An item in the process of collection is included8-21
in the amount of an account unless the item is returned unpaid. Money in the8-22
accounts that the garnishee has declared under oath and in answers to8-23
interrogatories to be exempt from execution is not included in the amount of8-24
the account.8-25
4. No garnishment may occur until the defendant has been served with8-26
the notice of execution in substantially the form prescribed in NRS 31.0458-27
and in the manner prescribed in NRS 21.076.8-28
Sec. 15. NRS 80.015 is hereby amended to read as follows: 80.015 1. For the purposes of this chapter, the following activities do8-30
not constitute doing business in this state:8-31
(a) Maintaining, defending or settling any proceeding;8-32
(b) Holding meetings of the board of directors or stockholders or8-33
carrying on other activities concerning internal corporate affairs;8-34
(c) Maintaining8-35
(d) Maintaining offices or agencies for the transfer, exchange and8-36
registration of the corporation’s own securities or maintaining trustees or8-37
depositaries with respect to those securities;8-38
(e) Making sales through independent contractors;8-39
(f) Soliciting or receiving orders outside of this state through or in8-40
response to letters, circulars, catalogs or other forms of advertising,8-41
accepting those orders outside of this state and filling them by shipping8-42
goods into this state;9-1
(g) Creating or acquiring indebtedness, mortgages and security interests9-2
in real or personal property;9-3
(h) Securing or collecting debts or enforcing mortgages and security9-4
interests in property securing the debts;9-5
(i) Owning, without more, real or personal property;9-6
(j) Isolated transactions completed within 30 days and not a part of a9-7
series of similar transactions;9-8
(k) The production of motion pictures as defined in NRS 231.020;9-9
(l) Transacting business as an out-of-state depository institution pursuant9-10
to the provisions of Title 55 of NRS; and9-11
(m) Transacting business in interstate commerce.9-12
2. The list of activities in subsection 1 is not exhaustive.9-13
3. A person who is not doing business in this state within the meaning9-14
of this section need not qualify or comply with any provision of NRS9-15
80.010 to9-16
Title 55 or 56 of NRS unless he:9-17
(a) Maintains an office in this state for the transaction of business; or9-18
(b) Solicits or accepts deposits in the state, except pursuant to the9-19
provisions of chapter 666 or 666A of NRS.9-20
Sec. 16. NRS 91.110 is hereby amended to read as follows: 91.110 "Financial institution" means a bank, credit union, savings9-22
institution or trust company organized under, or supervised pursuant to, the9-23
laws of the United States or of any state.9-24
Sec. 17. NRS 100.060 is hereby amended to read as follows: 100.060 It9-26
undertaking or other obligation is required, to agree with his surety or9-27
sureties for the deposit of any9-28
he and his surety or sureties are or may be held responsible, with a bank,9-29
credit union, savings bank, safe-deposit or trust company, authorized by9-30
law to do business as such, or with9-31
the court or a judge thereof, if9-32
safekeeping thereof, and in such manner as to prevent the withdrawal of9-33
9-34
of9-35
on such notice to9-36
may direct; but9-37
manner release from or change the liability of the principal or sureties as9-38
established by the terms of the bond.9-39
Sec. 18. NRS 100.065 is hereby amended to read as follows: 100.065 1. In lieu of any cash payment or surety bond required as9-41
protection for the State of Nevada, the person required to provide the cash9-42
payment or surety bond may deposit with the state treasurer, unless a9-43
different custodian is named by specific statute:10-1
(a) Bonds of the United States or of the State of Nevada of an actual10-2
market value of not less than the amount of the required cash payment or10-3
surety bond;10-4
(b) A letter of credit from a bank, savings bank , credit union or savings10-5
and loan association situated in Nevada, which meets the requirements set10-6
for that purpose by the state treasurer; or10-7
(c) A savings certificate, certificate of deposit or investment certificate of10-8
a bank, savings bank , credit union or savings and loan association situated10-9
in Nevada, which must indicate an account of an amount not less than the10-10
amount of the required cash payment or surety bond and, except as10-11
otherwise provided by specific statute, that the amount is not available for10-12
withdrawal except by direct order of the state treasurer.10-13
2. Whenever a savings certificate, certificate of deposit or investment10-14
certificate is deposited as provided in this section, interest earned on the10-15
certificate accrues to the account of the depositor.10-16
3. If a surety bond is provided as protection for the State of Nevada, the10-17
bond must be issued by an insurer who is authorized or otherwise allowed10-18
under Title 57 of NRS to issue such a bond pursuant to Title 57 of NRS.10-19
Sec. 19. NRS 117.065 is hereby amended to read as follows: 117.065 Any person who receives fees from a purchaser of a10-21
condominium for the maintenance of the project shall:10-22
1. Immediately deposit10-23
custodial account maintained by him with some bank , credit union or10-24
recognized depositary in this state.10-25
2. Keep records of all such10-26
Sec. 20. NRS 142.020 is hereby amended to read as follows: 142.020 1. Except as otherwise provided in subsection 6, the10-28
requirement of a bond of an executor, administrator or successor executor or10-29
administrator is discretionary with the court. Whether a bond is expressly10-30
required by the will or not, the court may:10-31
(a) Require a bond if it determines a bond is desirable; or10-32
(b) Dispense with the requirement of a bond if it determines a bond is10-33
unnecessary.10-34
2. The bond must be conditioned that the executor or administrator will10-35
faithfully execute the duties of the trust according to law, and the bond must10-36
be recorded by the clerk.10-37
3. Personal assets of an estate may be deposited with a domestic10-38
banking or trust corporation or credit union upon such terms as may be10-39
prescribed by order of the court having jurisdiction of the estate. The10-40
deposit is subject to the further order of the court. The bond of the executor10-41
or administrator may be reduced accordingly.11-1
4. During the pendency of the administration, any person, including a11-2
creditor, having an interest in the estate whose value exceeds $10,000 may11-3
make a written demand that the executor, administrator or any successor11-4
submit a bond. Upon receipt of the demand, the executor, administrator or11-5
any successor shall refrain from exercising any powers, except those11-6
necessary to preserve the estate, until the bond is filed. The executor,11-7
administrator or any successor is not required to file a bond in an amount11-8
which is greater than the amount of the claim of the person having an11-9
interest in the estate. The court may, upon the petition of the executor,11-10
administrator or any successor, dispense with the requirement of a bond.11-11
5. The amount of the bond is the estimated value of all personal11-12
property plus income for 1 year from both real and personal property, unless11-13
the amount of the bond is expressly mentioned in the will, changed by the11-14
court, or required pursuant to subsection 4.11-15
6. If a banking corporation, as defined in NRS 657.016, or trust11-16
company, as defined in NRS 669.070, doing business in this state is11-17
appointed executor or administrator of the estate of a deceased, no bond is11-18
required of the executor or administrator, unless otherwise specifically11-19
required by the court.11-20
Sec. 21. NRS 143.175 is hereby amended to read as follows: 143.175 Executors and administrators may, without court approval,11-22
deposit or invest11-23
1. United States treasury notes, bills or bonds;11-24
2. Negotiable commercial paper, not exceeding 180 days maturity, of11-25
prime quality as defined by a nationally recognized organization which rates11-26
such securities;11-27
3. Bankers’ acceptances;11-28
4. Savings accounts or certificates of deposit in national banks, banks11-29
chartered by the State of Nevada, federal credit unions, credit unions11-30
chartered by the State of Nevada, federal savings and loan associations or11-31
savings and loan associations chartered by the State of Nevada; or11-32
5. Any other investment in which an executor or administrator is11-33
authorized by law or by a will to invest11-34
control.11-35
Sec. 22. NRS 144.020 is hereby amended to read as follows: 144.020 1. The executor or administrator may engage a qualified and11-37
disinterested appraiser to ascertain the fair market value, as of the11-38
decedent’s death, of any asset the value of which is subject to reasonable11-39
doubt. Different persons may be engaged to appraise different kinds of11-40
assets included in the estate.11-41
2. Any such appraiser is entitled to a reasonable compensation for his11-42
appraisal and may be paid the compensation by the executor or11-43
administrator out of the estate at any time after completion of the appraisal.12-1
3. Where there is no reasonable doubt as to the value of assets, such as12-2
money, deposits in banks12-3
insurance or securities for money or evidence of indebtedness,12-4
12-5
shall file a verified record of value in lieu of the appraisement.12-6
Sec. 23. NRS 159.117 is hereby amended to read as follows: 159.117 1. Upon approval of the court by order, a guardian of the12-8
estate may:12-9
(a) Invest the property of the ward, make loans and accept security12-10
therefor, in the manner and to the extent authorized by the court.12-11
(b) Exercise options of the ward to purchase or exchange securities or12-12
other property.12-13
2. A guardian of the estate may, without securing the prior approval of12-14
the court, invest the property of the ward in the following:12-15
(a) Savings accounts in any bank , credit union or savings and loan12-16
association in this state, to the extent that12-17
the Federal Deposit Insurance Corporation12-18
Share Insurance Fund or a private insurer approved pursuant to NRS12-19
678.755.12-20
(b) Interest-bearing obligations of or fully guaranteed by the United12-21
States.12-22
(c) Interest-bearing obligations of the United States Postal Service.12-23
(d) Interest-bearing obligations of the Federal National Mortgage12-24
Association.12-25
(e) Interest-bearing general obligations of this state.12-26
(f) Interest-bearing general obligations of any county, city or school12-27
district of this state.12-28
(g) Money market mutual funds which are invested only in those12-29
instruments listed in paragraphs (a) to (f), inclusive.12-30
3. A guardian of the estate for two or more wards may invest the12-31
property of two or more of the wards in property in which each ward whose12-32
property is so invested has an undivided interest. The guardian shall keep a12-33
separate record showing the interest of each ward in the investment and in12-34
the income, profits or proceeds therefrom.12-35
Sec. 24. NRS 163.150 is hereby amended to read as follows: 163.150 Where a person who is a trustee of two or more trusts has12-37
mingled the12-38
cash, or in the same bank , credit union or brokerage account or other12-39
investment, and a withdrawal is made therefrom by the trustee for his own12-40
benefit, or for the benefit of a third person not a beneficiary or creditor of12-41
one or more of the trusts, or for an unknown purpose,12-42
12-43
other property of the trustee in the mingled fund, if any, and after the13-1
exhaustion of the trustee’s cash, credit, or other property, then to the13-2
13-3
other property at the time of the withdrawal.13-4
Sec. 25. NRS 209.201 is hereby amended to read as follows: 209.201 1. The prison revolving account in the sum of $10,000 is13-6
hereby created, and may be used for the payment of bills requiring13-7
immediate payment and for the issuance of money to assist newly released13-8
or paroled offenders, and for no other purposes.13-9
2. The director may deposit the prison revolving account in one or more13-10
banks or credit unions of reputable standing.13-11
3. Payments made from the prison revolving account must be promptly13-12
reimbursed from appropriated money of the department on claims as other13-13
claims against the state are paid.13-14
Sec. 26. NRS 209.248 is hereby amended to read as follows: 209.248 1. The department of prisons shall establish in any insured13-16
bank , credit union or savings and loan association doing business in this13-17
state an account for disbursements to offenders. The balance in the account13-18
must not exceed $600,000. Money in the account may be expended only for13-19
the payment of transactions involving offenders’ trust funds.13-20
2. Payments made from the account for disbursements to offenders must13-21
be promptly reimbursed from money in the appropriate fund on deposit with13-22
the state treasurer.13-23
Sec. 27. NRS 210.160 is hereby amended to read as follows: 210.160 1. The superintendent may accept money and other valuables13-25
of inmates for safekeeping pending their discharges, and shall deposit any13-26
such money in a trust fund which he shall establish in a bank , credit union13-27
or savings and loan association qualified to receive deposits of public13-28
money. He shall keep a full account of any such money and valuables, and13-29
shall submit reports to the administrator relative to them as may be required13-30
from time to time.13-31
2. The superintendent may transfer the amount of any uncashed check13-32
issued by the school to an inmate to the youth training center’s gift account13-33
after 1 year from the date the check was issued. Each check so issued must13-34
be stamped "void after 1 year from date of issue."13-35
Sec. 28. NRS 210.170 is hereby amended to read as follows: 210.170 1. The superintendent, subject to the approval of the13-37
administrator, may establish an inmates’ commissary or store for the benefit13-38
and use of the inmates. So far as practicable, sales of supplies and materials13-39
to the inmates must be at cost. The superintendent shall keep, or cause to be13-40
kept, a record of all transactions of the commissary.13-41
2. The youth training center commissary fund is hereby created, and13-42
must be used to purchase supplies and materials for resale to the inmates, to13-43
provide money for needy inmates, and for other incidentals as may be14-1
deemed necessary by the superintendent. All money drawn from the fund14-2
must be repaid wherever possible.14-3
3. The superintendent shall deposit any money received for the fund in14-4
insured banks14-5
and maintain a small sum as petty cash at the commissary.14-6
Sec. 29. NRS 210.540 is hereby amended to read as follows: 210.540 1.14-8
210.400 to 210.715, inclusive,14-9
appropriation from the general fund.14-10
2. All14-11
school14-12
other claims against the state are paid.14-13
3. All14-14
unions, which is available to the school,14-15
signed by the superintendent or by a deputy designated by him for the14-16
purpose.14-17
Sec. 30. NRS 210.560 is hereby amended to read as follows: 210.560 1. The superintendent may accept money and other valuables14-19
of inmates for safekeeping pending their discharges, and shall deposit any14-20
such money in a trust fund which he shall establish in a bank , credit union14-21
or14-22
money. The superintendent shall keep a full account of any such money and14-23
valuables, and shall submit reports to the administrator relative to them as14-24
may be required from time to time.14-25
2. The superintendent may transfer the amount of any uncashed check14-26
issued by the school to an inmate to the Caliente youth center’s gift account14-27
after 1 year from the date the check was issued. Each check so issued must14-28
be stamped "void after 1 year from date of issue."14-29
Sec. 31. NRS 210.570 is hereby amended to read as follows: 210.570 1. The superintendent, subject to the approval of the14-31
administrator, may establish an inmates’ commissary or store for the benefit14-32
and use of the inmates. So far as practicable, sales of supplies and materials14-33
to the inmates must be at cost. The superintendent shall keep, or cause to be14-34
kept, a record of all transactions of the commissary.14-35
2. The Caliente youth center commissary fund is hereby created, and14-36
must be used to purchase supplies and materials for resale to the inmates, to14-37
provide money for needy inmates, and for such other incidentals as may be14-38
deemed necessary by the superintendent. All money from the fund must be14-39
repaid wherever possible.14-40
3. The superintendent shall deposit any money received for the fund in14-41
14-42
association qualified to receive deposits of public money under the15-1
provisions of chapter 356 of NRS, and the deposit must be secured by a15-2
depository bond satisfactory to the state board of examiners.15-3
4. The superintendent may maintain a small sum as petty cash at the15-4
commissary.15-5
Sec. 32. NRS 210.750 is hereby amended to read as follows: 210.750 1. Each person who is paroled from the Nevada youth15-7
training center or the Caliente youth center must be placed in a reputable15-8
home and in either an educational or work program or both. The chief of the15-9
youth parole bureau may pay the expenses incurred in providing alternative15-10
placements for residential programs and for structured nonresidential15-11
programs from money appropriated to the bureau for that purpose.15-12
2. The chief may accept money of parolees for safekeeping pending15-13
their discharges from parole. The chief must deposit the money in15-14
15-15
15-16
pursuant to NRS 678.755. He shall keep or cause to be kept a fair and full15-17
account of the money, and shall submit such reports concerning the15-18
accounts to the administrator of the division of child and family services of15-19
the department of human resources as the administrator may require.15-20
3. When any person so paroled has proven his ability to make an15-21
acceptable adjustment outside the center or, in the opinion of the chief, is no15-22
longer amenable to treatment as a juvenile, the chief shall apply to the15-23
committing court for a dismissal of all proceedings and accusations pending15-24
against the person.15-25
4. Before the chief recommends that the committing court revoke a15-26
person’s parole, he shall ascertain from the superintendent of the15-27
appropriate center whether adequate facilities remain available at the center15-28
to provide the necessary care for the person. If the superintendent advises15-29
that there are not such facilities available, that there is not enough money15-30
available for support of the person at the center or that the person is not15-31
suitable for admission to the center, the chief shall report that fact to the15-32
administrator of the division of child and family services, who shall15-33
recommend a suitable alternative to the court.15-34
Sec. 33. NRS 211.380 is hereby amended to read as follows: 211.380 1. The sheriff of each county may accept money and15-36
valuables in the physical possession of a prisoner at the time he is taken into15-37
custody. The sheriff shall account separately for all money so accepted and15-38
deposit the money in a trust fund which he has established in a bank , credit15-39
union or savings and loan association qualified to receive deposits of public15-40
money. During the time of the prisoner’s incarceration, the sheriff may also15-41
accept and deposit in the trust fund money belonging to the prisoner which15-42
is intended for use by the prisoner to purchase items at the commissary.16-1
2. The sheriff:16-2
(a) Shall keep, or cause to be kept, a full and accurate account of the16-3
money and valuables, and shall submit reports to the board of county16-4
commissioners relating to the money and valuables as may be required from16-5
time to time.16-6
(b) May permit withdrawals for immediate expenditure by a prisoner for16-7
personal needs, for payment to a person who is not incarcerated in the jail or16-8
for payment required of a prisoner pursuant to NRS 211.241 to 211.249,16-9
inclusive.16-10
(c) Shall, upon the release of each prisoner, return his valuables and pay16-11
over to the prisoner any remaining balance in his individual account.16-12
3. The interest and income earned on the money in the fund, after16-13
deducting any applicable charges, must be credited to the account16-14
established for the commissary pursuant to NRS 211.360. If a commissary16-15
has not been established, the interest and income earned must be deposited16-16
with the county treasurer for credit to the county general fund.16-17
Sec. 34. NRS 218.644 is hereby amended to read as follows: 218.644 1. The legislative counsel bureau shall maintain a checking16-19
account in any qualified bank or credit union for the purposes of providing16-20
advance money and reimbursement to legislators and employees for travel16-21
expenses, paying the salaries of persons on the payroll of the legislative16-22
branch of government, related payroll costs and any other expenses directed16-23
by the legislative commission. The account must be secured by a depository16-24
bond to the extent the account is not insured by the Federal Deposit16-25
Insurance Corporation16-26
Fund or a private insurer approved pursuant to NRS 678.755. All checks16-27
written on this account must be signed by the chairman of the legislative16-28
commission and the director of the legislative counsel bureau or his16-29
designee, except that during a regular session of the legislature, the majority16-30
leader of the senate and the speaker of the assembly shall sign the checks.16-31
2. A request for advance money for travel constitutes a lien in favor of16-32
the legislative fund upon the accrued salary, subsistence allowance and16-33
travel expenses of the legislator or employee in an amount equal to the sum16-34
advanced.16-35
3. The legislator or employee is entitled to receive upon request any16-36
authorized travel expenses in excess of the amount advanced. The legislator16-37
or employee shall reimburse the legislative fund any amount advanced that16-38
is not used for reimbursable travel expenses.16-39
Sec. 35. NRS 228.099 is hereby amended to read as follows: 228.099 1. There is hereby created a revolving account for the office16-41
of attorney general in the sum of $5,000, which must be used for payment of16-42
expenses related to litigation which are unexpected and require prompt16-43
payment and for no other purposes.17-1
2. The attorney general shall deposit the money in the revolving17-2
account in a bank or credit union qualified to receive deposits of public17-3
17-4
depository bond satisfactory to the state board of examiners.17-5
3. The attorney general or his designee may sign all checks drawn upon17-6
the revolving account.17-7
4. Payments made from the revolving account must be promptly17-8
reimbursed from the legislative appropriation, if any, to the attorney general17-9
for special litigation expenses. The claim for reimbursement must be17-10
processed and paid as other claims against the state are paid.17-11
Sec. 36. NRS 244.207 is hereby amended to read as follows: 244.207 1. Notwithstanding any other provision of law, the boards of17-13
county commissioners in their respective counties may establish by17-14
ordinance central receiving and disbursing systems for the handling of17-15
county money and money held in trust by the county or by any of its elected17-16
or appointed officers. Such systems may include, but are not limited to, the17-17
following:17-18
(a) The commingling of all the money from any source if the accounting17-19
system employed supplies full information concerning the sources of the17-20
money.17-21
(b) The elimination of departmental accounts in an insured bank17-22
17-23
17-24
accounts maintained by the county treasurer.17-25
(c) The elimination of trust17-26
created for any reason17-27
maintained to identify fully all trust money. The money previously held in17-28
such trust17-29
17-30
treasurer.17-31
(d) The centralization of all disbursing of all money, including trust17-32
money, if the accounting system employed supplies full information17-33
concerning the disposition of the money.17-34
(e) The centralization of part or all of billing and collection aspects of17-35
business licenses, personal property and any other activity of any of the17-36
offices of the county that involves billing for services, taxes or fees imposed17-37
by statute or ordinance, or the collection of money in payment of such17-38
billings.17-39
(f) In a county whose population is 100,000 or more, the centralization17-40
of part or all of the billing and collection aspects of any fine, fee, bail or17-41
forfeiture imposed by a court and any payment ordered by a court pursuant17-42
to NRS 178.3975.18-1
2. Investment income from the commingled money18-2
credited to the general fund of the county if other provisions of law or18-3
contract do not require other allocation of18-4
3.18-5
18-6
(a) Eliminate the reporting requirements of various elected and18-7
appointed officials relating to the receipt and disposition of money.18-8
(b)18-9
354.474, but not including a county, whose money is held in trust by the18-10
county to direct the receipt, disbursement and investment of its money18-11
independently of the system provided for in this section, where18-12
independent direction is otherwise authorized by law.18-13
Sec. 37. NRS 244A.721 is hereby amended to read as follows: 244A.721 1. The county may provide that proceeds from the sale of18-15
bonds and special funds from the revenues of the project must be invested18-16
and reinvested in such securities and other investments, whether or not any18-17
such investment or reinvestment is authorized under any other law of this18-18
state, as may be provided in the proceedings under which the bonds are18-19
authorized to be issued, including, but not limited to:18-20
(a) Bonds or other obligations of the United States of America.18-21
(b) Bonds or other obligations, the payment of the principal and interest18-22
of which is unconditionally guaranteed by the United States of America.18-23
(c) Obligations issued or guaranteed as to principal and interest by any18-24
agency or person controlled or supervised by and acting as an18-25
instrumentality of the United States of America pursuant to authority18-26
granted by the Congress of the United States of America.18-27
(d) Obligations issued or guaranteed by any state of the United States of18-28
America, or any political subdivision of any such state.18-29
(e) Prime commercial paper.18-30
(f) Prime finance company paper.18-31
(g) Bankers’ acceptances drawn on and accepted by commercial banks.18-32
(h) Repurchase agreements fully secured by obligations issued or18-33
guaranteed as to principal and interest by the United States of America or by18-34
any person controlled or supervised by and acting as an instrumentality of18-35
the United States of America pursuant to authority granted by the Congress18-36
of the United States of America.18-37
(i) Certificates of deposit issued by credit unions or commercial banks,18-38
including banks domiciled outside of the United States of America.18-39
(j) Money market mutual funds that:18-40
(1) Are registered with the Securities and Exchange Commission;18-41
(2) Are rated by a nationally recognized rating service as "AAA" or its18-42
equivalent; and19-1
(3) Invest only in securities issued or guaranteed as to payment of19-2
principal and interest by the Federal Government, or its agencies or19-3
instrumentalities, or in repurchase agreements that are fully collateralized by19-4
19-5
2. The county may also provide that such proceeds or funds or19-6
investments and the payments payable under the lease, the agreement of sale19-7
or the financing agreement must be received, held and disbursed by one or19-8
more banks , credit unions or trust companies located within or out of this19-9
state.19-10
Sec. 38. NRS 266.515 is hereby amended to read as follows: 266.515 1. The treasurer, or the county treasurer when acting as ex19-12
officio city treasurer, shall keep all money belonging to the city separate19-13
from all other money held by him for any other purpose or fund and may,19-14
when one or more insured banks , credit unions or19-15
loan associations are located in the city, deposit, with unanimous consent of19-16
his bondsmen, city money in such banks , credit unions or savings and loan19-17
associations in demand or time accounts. When no such banks , credit19-18
unions or savings and loan associations exist in the city, he may deposit,19-19
with the unanimous consent of his bondsmen, city money with any insured19-20
bank,19-21
State of Nevada in demand or time accounts.19-22
2. The accounts must be kept in the name of the city in such manner as19-23
the governing board of the city may prescribe and under such terms and19-24
conditions for the protection of the money as the governing board may19-25
determine, not inconsistent with other laws of the State of Nevada regulating19-26
the deposit of public money.19-27
3. The balances in banks , credit unions or savings and loan19-28
associations, as certified to by the proper officer thereof, and by the oath of19-29
the city treasurer, may be counted as cash.19-30
Sec. 39. NRS 268.025 is hereby amended to read as follows: 268.025 Any incorporated city or other local government may deposit19-32
any money under the control of its treasurer in any insured state or national19-33
bank,19-34
has an office within the State of Nevada.19-35
Sec. 40. NRS 268.540 is hereby amended to read as follows: 268.540 1. Unless prohibited by its charter, the city may provide that19-37
proceeds from the sale of bonds and special funds from the revenues of the19-38
project be invested and reinvested in such securities and other investments,19-39
whether or not any such investment or reinvestment is authorized under any19-40
other law of this state, as provided in the proceedings under which the19-41
bonds are authorized to be issued, including , but not limited to:19-42
(a) Bonds or other obligations of the United States of America.20-1
(b) Bonds or other obligations, the payment of the principal and interest20-2
of which is unconditionally guaranteed by the United States of America.20-3
(c) Obligations issued or guaranteed as to principal and interest by any20-4
agency or person controlled or supervised by and acting as an20-5
instrumentality of the United States of America pursuant to authority20-6
granted by the Congress of the United States of America.20-7
(d) Obligations issued or guaranteed by any state of the United States of20-8
America, or any political subdivision of any such state.20-9
(e) Prime commercial paper.20-10
(f) Prime finance company paper.20-11
(g) Bankers’ acceptances drawn on and accepted by commercial banks.20-12
(h) Repurchase agreements fully secured by obligations issued or20-13
guaranteed as to principal and interest by the United States of America or by20-14
any person controlled or supervised by and acting as an instrumentality of20-15
the United States of America pursuant to authority granted by the Congress20-16
of the United States of America.20-17
(i) Certificates of deposit issued by credit unions or commercial banks,20-18
including banks domiciled outside of the United States of America.20-19
(j) Money market mutual funds that:20-20
(1) Are registered with the Securities and Exchange Commission;20-21
(2) Are rated by a nationally recognized rating service as "AAA" or its20-22
equivalent; and20-23
(3) Invest only in securities issued or guaranteed as to payment of20-24
principal and interest by the Federal Government, or its agencies or20-25
instrumentalities, or in repurchase agreements that are fully collateralized by20-26
20-27
2. The city may also provide that such proceeds or funds or investments20-28
and the payments payable under the lease, the agreement of sale or the20-29
financing agreement be received, held and disbursed by one or more banks ,20-30
credit unions or trust companies located within or out of this state.20-31
Sec. 41. NRS 281.171 is hereby amended to read as follows: 281.171 1. The account for travel advances is hereby created. Money20-33
in the account must be used by the state treasurer20-34
20-35
travel expenses and subsistence allowances.20-36
2. The state treasurer shall deposit the money in the account in a bank20-37
or credit union qualified to receive deposits of public20-38
the deposit must be secured by collateral satisfactory to the state board of20-39
examiners.20-40
3. The state treasurer or any of his officers or employees whom he has20-41
designated for20-42
upon the account.21-1
Sec. 42. NRS 286.220 is hereby amended to read as follows: 286.220 1. The board shall establish a fund known as the public21-3
employees’ retirement fund.21-4
2. It is hereby declared to be the policy of the legislature that the public21-5
employees’ retirement fund is a trust fund established to afford a degree of21-6
security to long-time public employees of the state and its political21-7
subdivisions. The money in the fund must not be used or appropriated for21-8
any purpose incompatible with the policy of the public employees’21-9
retirement system, as expressed in NRS 286.015. The fund must be invested21-10
and administered to assure the highest return consistent with safety in21-11
accordance with accepted investment practices.21-12
3. The interest and income earned on the money in the public21-13
employees’ retirement fund, after deducting any applicable charges, must be21-14
credited to the fund.21-15
4. Money in the public employees’ retirement fund must be expended21-16
by the board for the purpose of paying:21-17
(a) Service retirement allowances;21-18
(b) Disability retirement allowances;21-19
(c) Post-retirement allowances;21-20
(d) Benefits for survivors;21-21
(e) Authorized refunds to members and their beneficiaries;21-22
(f) Amounts equivalent to disability retirement allowances to be used by21-23
employers for rehabilitation; and21-24
(g) Allowances to beneficiaries,21-25
and for the payment of expenses authorized by law to be paid from the fund.21-26
5. Contributions from members and from participating public21-27
employers to the public employees’ retirement fund must be deposited in a21-28
bank or credit union of reputable standing in the State of Nevada. Such21-29
deposits must be secured in a manner satisfactory to the board.21-30
6. All checks drawn upon the public employees’ retirement fund must21-31
be signed by two persons designated by the board.21-32
Sec. 43. NRS 286.680 is hereby amended to read as follows: 286.680 1. In addition to the provisions of chapter 355 of NRS, the21-34
board may invest and reinvest the money in its funds as provided in this21-35
section and NRS 286.682 and may employ investment counsel for that21-36
purpose. The board may also employ investment supervisory services, trust21-37
audit services and other related investment services which it deems21-38
necessary to invest effectively and safeguard the money in the system’s21-39
funds.21-40
2. No person engaged in business as a broker or dealer in securities or21-41
who has a direct pecuniary interest in any such business who receives21-42
commissions for transactions performed as agent for the board is eligible for21-43
employment as investment counsel for the board.22-1
3. The board shall not engage investment counsel unless:22-2
(a) The principal business of the person selected by the board consists of22-3
giving continuous advice as to the investment of money on the basis of the22-4
individual needs of each client;22-5
(b) The person and his predecessors have been continuously engaged in22-6
such a business for a period of 5 or more years;22-7
(c) The person is registered as an investment adviser under the laws of22-8
the United States as from time to time in effect, or is a bank or an22-9
investment management subsidiary of a bank; and22-10
(d) The contract between the board and the investment counsel is of no22-11
specific duration and is voidable at any time by either party.22-12
4. The board and its individual members are not liable for investment22-13
decisions made by investment counsel if they obtain qualified investment22-14
counsel, establish proper objectives and policies for investments, and issue22-15
appropriate interim directives. Investment counsel is liable for any22-16
investment decision that is not made in accordance with the objectives and22-17
policies established by the board and any applicable interim directives.22-18
5. The expenses incurred in obtaining and reviewing services pursuant22-19
to the provisions of this section and the reimbursements to employees for22-20
their expenses incurred in connection with investment decisions must be22-21
paid out of the public employees’ retirement fund and the police and22-22
firemen’s retirement fund in proportion to their respective assets.22-23
6. The board shall tender invitations to banks and credit unions for22-24
commercial banking and trust services, consider proposals submitted by22-25
interested banks22-26
commercial banking and trust services at least every 5 years.22-27
Sec. 44. NRS 287.010 is hereby amended to read as follows: 287.010 1. The governing body of any county, school district,22-29
municipal corporation, political subdivision, public corporation or other22-30
public agency of the State of Nevada may:22-31
(a) Adopt and carry into effect a system of group life, accident or health22-32
insurance, or any combination thereof, for the benefit of its officers and22-33
employees, and the dependents of officers and employees who elect to22-34
accept the insurance and who, where necessary, have authorized the22-35
governing body to make deductions from their compensation for the22-36
payment of premiums on the insurance.22-37
(b) Purchase group policies of life, accident or health insurance, or any22-38
combination thereof, for the benefit of such officers and employees, and the22-39
dependents of such officers and employees, as have authorized the purchase,22-40
from insurance companies authorized to transact the business of such22-41
insurance in the State of Nevada, and, where necessary, deduct from the22-42
compensation of officers and employees the premiums upon insurance and22-43
pay the deductions upon the premiums.23-1
(c) Provide group life, accident or health coverage through a self-23-2
insurance reserve fund and, where necessary, deduct contributions to the23-3
maintenance of the fund from the compensation of officers and employees23-4
and pay the deductions into the fund. The money accumulated for this23-5
purpose through deductions from the compensation of officers and23-6
employees and contributions of the governing body must be maintained as23-7
an internal service fund as defined by NRS 354.543. The money must be23-8
deposited in a state or national bank or credit union authorized to transact23-9
business in the State of Nevada. Any independent administrator of a fund23-10
created under this section is subject to the licensing requirements of chapter23-11
683A of NRS, and must be a resident of this state. Any contract with an23-12
independent administrator must be approved by the commissioner of23-13
insurance as to the reasonableness of administrative charges in relation to23-14
contributions collected and benefits provided. The provisions of NRS23-15
689B.030 to 689B.050, inclusive, apply to coverage provided pursuant to23-16
this paragraph.23-17
(d) Defray part or all of the cost of maintenance of a self-insurance fund23-18
or of the premiums upon insurance. The money for contributions must be23-19
budgeted for in accordance with the laws governing the county, school23-20
district, municipal corporation, political subdivision, public corporation or23-21
other public agency of the State of Nevada.23-22
2. If a school district offers group insurance to its officers and23-23
employees pursuant to this section, members of the board of trustees of the23-24
school district must not be excluded from participating in the group23-25
insurance. If the amount of the deductions from compensation required to23-26
pay for the group insurance exceeds the compensation to which a trustee is23-27
entitled, the difference must be paid by the trustee.23-28
Sec. 45. NRS 315.400 is hereby amended to read as follows: 315.400 1. A commissioner or employee of the authority shall not23-30
voluntarily acquire any interest, direct or indirect, except as a residential23-31
tenant, in any housing project or in any property included or planned to be23-32
included in any housing project, or in any contract or proposed contract in23-33
connection with any housing project. Where the acquisition is not voluntary,23-34
the commissioner or employee shall immediately disclose the interest in23-35
writing to the authority and the disclosure must be entered upon the minutes23-36
of the authority. Upon disclosure the commissioner or employee shall not23-37
participate in any action by the authority involving the housing project,23-38
property or contract. If any commissioner or employee of the authority23-39
previously owned or controlled an interest, direct or indirect, in any housing23-40
project or in any property included or planned to be included in any housing23-41
project, or in any contract or proposed contract in connection with any23-42
housing project, he shall immediately disclose the interest in writing to the23-43
authority and the disclosure must be entered upon the minutes of the24-1
authority. Upon disclosure the commissioner or employee shall not24-2
participate in any action by the authority involving the housing project,24-3
property or contract.24-4
2. Any violation of this section constitutes misconduct in office.24-5
3. This section is not applicable to the acquisition of any interest in24-6
notes or bonds of the authority issued in connection with any housing24-7
project or the execution of agreements by24-8
for the deposit or handling of24-9
project or to act as trustee under any trust indenture.24-10
Sec. 46. NRS 315.981 is hereby amended to read as follows: 315.981 1. A commissioner or employee of the authority shall not24-12
voluntarily acquire any interest, direct or indirect, except as a residential24-13
tenant, in any housing project or in any property included or planned to be24-14
included in any housing project, or in any contract or proposed contract in24-15
connection with any housing project. Where the acquisition is not voluntary,24-16
the commissioner or employee shall immediately disclose the interest in24-17
writing to the authority and the disclosure must be entered upon the minutes24-18
of the authority. Upon disclosure the commissioner or employee shall not24-19
participate in any action by the authority involving the housing project,24-20
property or contract. If any commissioner or employee of the authority24-21
previously owned or controlled an interest, direct or indirect, in any housing24-22
project or in any property included or planned to be included in any housing24-23
project, or in any contract or proposed contract in connection with any24-24
housing project, he shall immediately disclose the interest in writing to the24-25
authority and the disclosure must be entered upon the minutes of the24-26
authority. Upon disclosure the commissioner or employee shall not24-27
participate in any action by the authority involving the housing project,24-28
property or contract.24-29
2. A violation of any provision of this section constitutes malfeasance in24-30
office.24-31
3. This section is not applicable to the acquisition of any interest in24-32
notes or bonds of the authority issued in connection with any housing24-33
project or the execution of agreements by24-34
for the deposit or handling of24-35
project or to act as trustee under any trust indenture.24-36
Sec. 47. NRS 349.160 is hereby amended to read as follows: 349.160 "Commercial bank" means24-38
1. A state or national bank or trust company24-39
of the Federal Deposit Insurance Corporation, including , without limitation24-40
24-41
2. A credit union whose deposits are insured by the National Credit24-42
Union Share Insurance Fund or by a private insurer approved pursuant24-43
to NRS 678.755.25-1
Sec. 48. NRS 349.208 is hereby amended to read as follows: 349.208 "Trust bank" means25-3
1. A commercial bank as defined in NRS 349.16025-4
authorized to exercise and is exercising trust powers .25-5
2. A branch of the Federal Reserve Bank.25-6
3. A credit union whose deposits are insured by the National Credit25-7
Union Share Insurance Fund or by a private insurer approved pursuant25-8
to NRS 678.755 that is authorized to exercise and is exercising trust25-9
powers.25-10
Sec. 49. NRS 349.450 is hereby amended to read as follows: 349.450 "Expense of operation and maintenance" means any25-12
reasonable and necessary current expense of the state for the operation,25-13
maintenance or administration of a project or of the collection and25-14
administration of revenues from a project. The term includes, among other25-15
expenses:25-16
1. Expenses for engineering, auditing, reporting, legal services and25-17
other expenses of the director which are directly related to the25-18
administration of projects.25-19
2. Premiums for fidelity bonds and policies of property and liability25-20
insurance pertaining to projects, and shares of the premiums of blanket25-21
bonds and policies which may be reasonably allocated to the state.25-22
3. Payments to pension, retirement, health insurance and other25-23
insurance funds.25-24
4. Reasonable charges made by any paying agent, commercial bank,25-25
credit union, trust company or other depository bank pertaining to any25-26
bonds.25-27
5. Services rendered under the terms of contracts, services of25-28
professionally qualified persons, salaries, administrative expenses and the25-29
cost of materials, supplies and labor pertaining to the issuance of any bonds,25-30
including the expenses of any trustee, receiver or other fiduciary.25-31
6. Costs incurred in the collection and any refund of revenues from the25-32
project, including the amount of the refund.25-33
Sec. 50. NRS 349.630 is hereby amended to read as follows: 349.630 The director shall adopt regulations for:25-35
1. Investment and reinvestment of the proceeds from the sale of bonds,25-36
including, but not limited to:25-37
(a) Bonds or other obligations of the United States of America.25-38
(b) Bonds or other obligations, the payment of the principal and interest25-39
of which is unconditionally guaranteed by the United States of America.25-40
(c) Obligations issued or guaranteed as to principal and interest by any25-41
agency or person controlled or supervised by and acting as an25-42
instrumentality of the United States of America pursuant to authority25-43
granted by the Congress of the United States of America.26-1
(d) Obligations issued or guaranteed by any state of the United States of26-2
America, or any political subdivision of any state.26-3
(e) Prime commercial paper.26-4
(f) Prime finance company paper.26-5
(g) Bankers’ acceptances drawn on and accepted by commercial banks.26-6
(h) Repurchase agreements fully secured by obligations issued or26-7
guaranteed as to principal and interest by the United States of America or by26-8
any person controlled or supervised by and acting as an instrumentality of26-9
the United States of America pursuant to authority granted by the Congress26-10
of the United States of America.26-11
(i) Certificates of deposit issued by credit unions or commercial banks,26-12
including banks domiciled outside of the United States of America.26-13
(j) Money market mutual funds that:26-14
(1) Are registered with the Securities and Exchange Commission;26-15
(2) Are rated by a nationally recognized rating service as "AAA" or its26-16
equivalent; and26-17
(3) Invest only in securities issued or guaranteed as to payment of26-18
principal and interest by the Federal Government, or its agencies or26-19
instrumentalities, or in repurchase agreements that are fully collateralized by26-20
such securities.26-21
2. Receiving, holding and disbursing of proceeds of the sale of bonds26-22
by one or more banks , credit unions or trust companies located within or26-23
out of this state.26-24
Sec. 51. NRS 349.907 is hereby amended to read as follows: 349.907 "Expense of operation and maintenance" means any26-26
reasonable and necessary current expense of the state for the operation,26-27
maintenance or administration of the financing or of the collection and26-28
administration of revenues from the financing, and includes, but is not26-29
limited to:26-30
1. Expenses for engineering, auditing, reporting or legal services and26-31
any other expense incurred by the director which are directly related to the26-32
administration of the financing;26-33
2. Premiums for fidelity bonds and policies of property and liability26-34
insurance pertaining to the financing;26-35
3. Premiums for blanket bonds and policies, or any portion of, which26-36
may be reasonably allocated to the state;26-37
4. Payments to pension, retirement and health insurance and other26-38
insurance funds;26-39
5. Reasonable charges by any paying agent, commercial bank, credit26-40
union, trust company or other depository bank pertaining to any bonds;27-1
6. Salaries or fees paid pursuant to any contract for professional27-2
services;27-3
7. Cost of materials, supplies and labor pertaining to the issuance of any27-4
bonds, including the expenses of any trustee, receiver or other fiduciary; and27-5
8. Costs incurred in the collection and any refund of revenues pursuant27-6
to the financing.27-7
Sec. 52. NRS 349.924 is hereby amended to read as follows: 349.924 The director shall adopt regulations for:27-9
1. Investment and reinvestment of the proceeds designated for the27-10
account for venture capital from the sale of bonds, including, but not limited27-11
to:27-12
(a) Bonds or other obligations of the United States.27-13
(b) Bonds or other obligations, the payment of the principal and interest27-14
of which is unconditionally guaranteed by the United States.27-15
(c) Obligations issued or guaranteed as to principal and interest by any27-16
agency or person controlled or supervised by and acting as an27-17
instrumentality of the United States pursuant to authority granted by the27-18
Congress of the United States.27-19
(d) Obligations issued or guaranteed by any state of the United States, or27-20
any political subdivision of any state.27-21
(e) Prime commercial paper.27-22
(f) Prime finance company paper.27-23
(g) Bankers’ acceptances drawn on and accepted by commercial banks.27-24
(h) Repurchase agreements fully secured by obligations issued or27-25
guaranteed as to principal and interest by the United States or by any person27-26
controlled or supervised by and acting as an instrumentality of the United27-27
States pursuant to authority granted by the Congress of the United States.27-28
(i) Certificates of deposit issued by credit unions or commercial banks,27-29
including banks domiciled outside of the United States.27-30
(j) Money market mutual funds that:27-31
(1) Are registered with the Securities and Exchange Commission;27-32
(2) Are rated by a nationally recognized rating service as "AAA" or its27-33
equivalent; and27-34
(3) Invest only in securities issued or guaranteed as to payment of27-35
principal and interest by the Federal Government, or its agencies or27-36
instrumentalities, or in repurchase agreements that are fully collateralized by27-37
such securities.27-38
2. Receiving, holding and disbursing of proceeds of the sale of bonds27-39
by one or more banks or trust companies located within or outside of this27-40
state.27-41
This section does not expand the authority for investing the proceeds of27-42
bonds placed in the fund for the retirement of bonds.28-1
Sec. 53. NRS 349.939 is hereby amended to read as follows: 349.939 "Expense of operation and maintenance" means any28-3
reasonable and necessary current expense of the state for the operation,28-4
maintenance or administration of a water project or of the collection and28-5
administration of revenues from a water project. The term includes, among28-6
other expenses:28-7
1. Expenses for engineering, auditing, reporting, legal services and28-8
other expenses of the director which are directly related to the28-9
administration of water projects.28-10
2. Premiums for fidelity bonds and policies of property and liability28-11
insurance pertaining to water projects, and shares of the premiums of28-12
blanket bonds and policies which may be reasonably allocated to the state.28-13
3. Payments to pension, retirement, health insurance and other28-14
insurance funds.28-15
4. Reasonable charges made by any paying agent, commercial bank,28-16
credit union, trust company or other depository bank pertaining to any28-17
bonds.28-18
5. Services rendered under the terms of contracts, services of28-19
professionally qualified persons, salaries, administrative expenses and the28-20
cost of materials, supplies and labor pertaining to the issuance of any bonds,28-21
including the expenses of any trustee, receiver or other fiduciary.28-22
6. Costs incurred in the collection and any refund of revenues from the28-23
water project, including the amount of the refund.28-24
Sec. 54. NRS 350.512 is hereby amended to read as follows: 350.512 "Commercial bank" means28-26
1. A state or national bank or trust company28-27
of the Federal Deposit Insurance Corporation, including , without limitation28-28
28-29
2. A credit union whose deposits are insured by the National Credit28-30
Union Share Insurance Fund or by a private insurer approved pursuant28-31
to NRS 678.755.28-32
Sec. 55. NRS 350.564 is hereby amended to read as follows: 350.564 "Trust bank" means28-34
1. A commercial bank as defined in NRS 350.51228-35
authorized to exercise and is exercising trust powers .28-36
2. A branch of the Federal Reserve Bank.28-37
3. A credit union whose deposits are insured by the National Credit28-38
Union Share Insurance Fund or by a private insurer approved pursuant28-39
to NRS 678.755 that is authorized to exercise and is exercising trust28-40
powers.29-1
Sec. 56. NRS 350A.040 is hereby amended to read as follows: 350A.040 "Cost of a lending project" means all or any designated part29-3
of the cost of any lending project, including any incidental cost pertaining to29-4
such a project. The cost of a lending project may include, without limitation,29-5
the costs of:29-6
1. Surveys, audits, preliminary plans, other plans, specifications,29-7
estimates and other costs of preparations.29-8
2. Appraising, printing, estimating, advice, services of engineers,29-9
architects, financial consultants, attorneys, clerical personnel and other29-10
agents and employees.29-11
3. Publishing, posting, mailing and otherwise giving notice, filing or29-12
recording instruments, taking options and fees to banks29-13
unions.29-14
4. Establishment of a reserve for contingencies.29-15
5. Interest on state securities for any time which does not exceed 329-16
years, discounts on such state securities, reserves for the payment of the29-17
principal of and interest on such securities, replacement expenses and other29-18
costs of issuing such securities.29-19
6. Amending any resolution or other instrument authorizing the29-20
issuance of, or otherwise relating to, state securities for any lending project.29-21
7. Funding medium-term obligations.29-22
8. Financing the issuance of state securities and any other expenses29-23
necessary in connection with a lending project, as determined by the board.29-24
Sec. 57. NRS 350A.050 is hereby amended to read as follows: 350A.050 "Expense of operation and maintenance" means any29-26
reasonable and necessary current expense of the state for the operation,29-27
maintenance or administration of a lending project or of the collection and29-28
administration of revenues therefrom. The term includes, without limitation:29-29
1. Expenses for engineering, auditing, reporting, legal services and29-30
other expenses of the state treasurer which are directly related to the29-31
administration of lending projects.29-32
2. Premiums for fidelity bonds and policies of property and liability29-33
insurance pertaining to lending projects, and shares of the premiums of29-34
blanket bonds and policies which may be reasonably allocated to lending29-35
projects.29-36
3. Payments to pension, retirement, health insurance and other29-37
insurance funds.29-38
4. Reasonable charges made by any paying agent, commercial bank,29-39
credit union, trust company or other depository bank pertaining to any state29-40
securities.29-41
5. Services rendered under the terms of contracts, services of29-42
professionally qualified persons, salaries, administrative expenses and the30-1
cost of materials, supplies and labor pertaining to the issuance of any state30-2
securities, including the expenses of any trustee, receiver or other fiduciary.30-3
6. Costs incurred in the collection and any refund of revenues from a30-4
lending project, including the amount of the refund.30-5
Sec. 58. NRS 354.603 is hereby amended to read as follows: 354.603 1. The board of trustees of any county school district, the30-7
board of hospital trustees of any county hospital or the board of trustees of30-8
any consolidated library district or district library may establish and30-9
administer separate accounts in30-10
(a) A bank whose deposits are insured by the Federal Deposit Insurance30-11
Corporation ;30-12
(b) A credit union whose deposits are insured by the National Credit30-13
Union Share Insurance Fund or by a private insurer approved pursuant30-14
to NRS 678.755; or30-15
(c) A savings and loan association whose deposits if made by the state, a30-16
local government or an agency of either , are insured by the Federal Deposit30-17
Insurance Corporation, or the legal successor of the Federal Deposit30-18
Insurance Corporation,30-19
for money deposited by the county treasurer which is by law to be30-20
administered and expended by those boards.30-21
2. The county treasurer shall transfer the money to30-22
account pursuant to subsection 1 when the following conditions are met:30-23
(a) The board of trustees of the county school district, the board of30-24
hospital trustees of the county hospital or the board of trustees of the30-25
consolidated library district or district library adopts a resolution declaring30-26
an intention to establish and administer a separate account in accordance30-27
with the provisions of this section.30-28
(b) The board of trustees of the county school district, the board of30-29
hospital trustees of the county hospital or the board of trustees of the30-30
consolidated library district or district library sends a certificate to the30-31
county treasurer, the county auditor, the board of county commissioners30-32
and, in the case of the board of trustees of the county school district, to the30-33
department of education, attested by the secretary of the board, declaring30-34
the intention of the board to establish and administer a separate account in30-35
accordance with the provisions of this section.30-36
(c) The board of hospital trustees of the county hospital or the board of30-37
trustees of the consolidated library district or district library submits30-38
monthly reports, listing all transactions involving the separate account, to30-39
the county treasurer, the county auditor and the board of county30-40
commissioners. The reports must be certified by the secretary of the board.30-41
In addition, the board shall give a full account and record of all money in30-42
such an account upon request of the board of county commissioners.31-1
31-2
school district established under the provisions of this section must be31-3
composed of:31-4
(a) The county school district fund; and31-5
(b) The county school district building and sites fund.31-6
31-7
trustees is designated the county hospital fund.31-8
31-9
library district or district library established under the provisions of this31-10
section must be composed of:31-11
(a) The fund for the consolidated library or district library, as31-12
appropriate; and31-13
(b) The fund for capital projects of the consolidated library or district31-14
library, as appropriate.31-15
31-16
balance of the account.31-17
31-18
to the purpose of the fund, excluding direct payments of principal and31-19
interest on general obligation bonds, and including, but not limited to, debt31-20
service, capital projects, capital outlay and operating expenses.31-21
31-22
clear evidence of misuse or mismanagement of money in any separate31-23
account, may order the closing of the account and the return of the money to31-24
the county treasury to be administered in accordance with existing31-25
provisions of law. The board of trustees of the county school district, the31-26
board of hospital trustees of the county hospital or the board of trustees of31-27
the consolidated library district or district library is entitled to a hearing31-28
before the board of county commissioners.31-29
Sec. 59. NRS 354.609 is hereby amended to read as follows: 354.609 1. The governing body of any local government may, by31-31
resolution, establish one or more petty cash accounts, imprest accounts or31-32
revolving31-33
administration of any activities in which31-34
authorized by law to engage.31-35
2.31-36
account or revolving31-37
detail, set forth the following:31-38
(a) The object and purpose of31-39
(b) The source of money to be used to establish and maintain31-40
account.31-41
(c) The method of controlling expenditures from31-42
(d) The maximum dollar amount of any single expenditure.32-1
3. Payments made out of any such accounts in accordance with the32-2
establishing resolution may be made directly without approval of the32-3
governing body of any local government.32-4
4. Reimbursement of any such petty cash, imprest or revolving accounts32-5
32-6
32-7
evidences of expenditures made from the account and32-8
approved by the governing body in the same manner as other claims against32-9
the fund to which32-10
Sec. 60. NRS 354.695 is hereby amended to read as follows: 354.695 1. As soon as practicable after taking over the management32-12
of a local government, the department shall, with the approval of the32-13
committee:32-14
(a) Establish and implement a management policy and a financing plan32-15
for the local government;32-16
(b) Provide for the appointment of a financial manager for the local32-17
government who is qualified to manage the fiscal affairs of the local32-18
government;32-19
(c) Provide for the appointment of any other persons necessary to enable32-20
the local government to provide the basic services for which it was created32-21
in the most economical and efficient manner possible;32-22
(d) Establish an accounting system and separate32-23
accounts in a bank or credit union, if necessary, to receive and expend all32-24
money and assets of the local government;32-25
(e) Impose such hiring restrictions as deemed necessary after considering32-26
the recommendations of the financial manager;32-27
(f) Negotiate and approve all contracts entered into by or on behalf of the32-28
local government before execution and enter into such contracts on behalf32-29
of the local government as the department deems necessary;32-30
(g) Negotiate and approve all collective bargaining contracts to be32-31
entered into by the local government, except issues submitted to a factfinder32-32
whose findings and recommendations are final and binding pursuant to the32-33
provisions of the Local Government Employee-Management Relations Act;32-34
(h) Approve all expenditures of money from any fund or account and all32-35
transfers of money from one fund to another;32-36
(i) Employ such technicians as are necessary for the improvement of the32-37
financial condition of the local government;32-38
(j) Meet with the creditors of the local government and formulate a debt32-39
liquidation program;32-40
(k) Approve the issuance of bonds or other forms of indebtedness by the32-41
local government;32-42
(l) Discharge any of the outstanding debts and obligations of the local32-43
government; and33-1
(m) Take any other actions necessary to ensure that the local government33-2
provides the basic services for which it was created in the most economical33-3
and efficient manner possible.33-4
2. The department may provide for reimbursement from the local33-5
government for the expenses it incurs in managing the local government. If33-6
such reimbursement is not possible, the department may request an33-7
allocation by the interim finance committee from the contingency fund33-8
pursuant to NRS 353.266, 353.268 and 353.269.33-9
3. The governing body of a local government which is being managed33-10
by the department pursuant to this section may make recommendations to33-11
the department or the financial manager concerning the management of the33-12
local government.33-13
4. Each state agency, board, department, commission, committee or33-14
other entity of the state shall provide such technical assistance concerning33-15
the management of the local government as is requested by the department.33-16
5. The department may delegate any of the powers and duties imposed33-17
by this section to the financial manager appointed pursuant to paragraph (b)33-18
of subsection 1.33-19
6. Except as otherwise provided in section 1 of Assembly Bill No. 27533-20
of this33-21
a local government pursuant to the provisions of subsection 1, that33-22
management may only be terminated pursuant to NRS 354.725.33-23
Sec. 61. NRS 355.140 is hereby amended to read as follows: 355.140 1. In addition to other investments provided for by a specific33-25
statute, the following bonds and other securities are proper and lawful33-26
investments of any of the money of this state, of its various departments,33-27
institutions and agencies, and of the state insurance fund:33-28
(a) Bonds and certificates of the United States;33-29
(b) Bonds, notes, debentures and loans if they are underwritten by or33-30
their payment is guaranteed by the United States;33-31
(c) Obligations or certificates of the United States Postal Service, the33-32
Federal National Mortgage Association, the Government National Mortgage33-33
Association, the Federal Home Loan Banks, the Federal Home Loan33-34
Mortgage Corporation or the Student Loan Marketing Association, whether33-35
or not guaranteed by the United States;33-36
(d) Bonds of this state or other states of the Union;33-37
(e) Bonds of any county of this state or of other states;33-38
(f) Bonds of incorporated cities in this state or in other states of the33-39
Union, including special assessment district bonds if those bonds provide33-40
that any deficiencies in the proceeds to pay the bonds are to be paid from33-41
the general fund of the incorporated city;33-42
(g) General obligation bonds of irrigation districts and drainage districts33-43
in this state which are liens upon the property within those districts, if the34-1
value of the property is found by the board or commission making the34-2
investments to render the bonds financially sound over all other obligations34-3
of the districts;34-4
(h) Bonds of school districts within this state;34-5
(i) Bonds of any general improvement district whose population is34-6
200,000 or more and which is situated in two or more counties of this state34-7
or of any other state, if:34-8
(1) The bonds are general obligation bonds and constitute a lien upon34-9
the property within the district which is subject to taxation; and34-10
(2) That property is of an assessed valuation of not less than five times34-11
the amount of the bonded indebtedness of the district;34-12
(j) Medium-term obligations for counties, cities and school districts34-13
authorized pursuant to chapter 350 of NRS;34-14
(k) Loans bearing interest at a rate determined by the state board of34-15
finance when secured by first mortgages on agricultural lands in this state of34-16
not less than three times the value of the amount loaned, exclusive of34-17
perishable improvements, and of unexceptional title and free from all34-18
encumbrances;34-19
(l) Farm loan bonds, consolidated farm loan bonds, debentures,34-20
consolidated debentures and other obligations issued by federal land banks34-21
and federal intermediate credit banks under the authority of the Federal34-22
Farm Loan Act, formerly 12 U.S.C. §§ 636 to 1012, inclusive, and §§ 102134-23
to 1129, inclusive, and the Farm Credit Act of 1971, 12 U.S.C. §§ 2001 to34-24
2259, inclusive, and bonds, debentures, consolidated debentures and other34-25
obligations issued by banks for cooperatives under the authority of the Farm34-26
Credit Act of 1933, formerly 12 U.S.C. §§ 1131 to 1138e, inclusive, and the34-27
Farm Credit Act of 1971, 12 U.S.C. §§ 2001 to 2259, inclusive, excluding34-28
such money thereof as has been received or which may be received34-29
hereafter from the Federal Government or received pursuant to some federal34-30
law which governs the investment thereof;34-31
(m) Negotiable certificates of deposit issued by commercial banks ,34-32
insured credit unions or savings and loan associations;34-33
(n) Bankers’ acceptances of the kind and maturities made eligible by law34-34
for rediscount with Federal Reserve banks or trust companies which are34-35
members of the Federal Reserve System, except that acceptances may not34-36
exceed 180 days’ maturity, and may not, in aggregate value, exceed 2034-37
percent of the total par value of the portfolio as determined on the date of34-38
purchase;34-39
(o) Commercial paper issued by a corporation organized and operating in34-40
the United States or by a depository institution licensed by the United States34-41
or any state and operating in the United States that:34-42
(1) At the time of purchase has a remaining term to maturity of no34-43
more than 270 days; and35-1
(2) Is rated by a nationally recognized rating service as "A-1," "P-1"35-2
or its equivalent, or better,35-3
except that investments pursuant to this paragraph may not, in aggregate35-4
value, exceed 20 percent of the total par value of the portfolio as determined35-5
on the date of purchase, and if the rating of an obligation is reduced to a35-6
level that does not meet the requirements of this paragraph, it must be sold35-7
as soon as possible;35-8
(p) Notes, bonds and other unconditional obligations for the payment of35-9
money, except certificates of deposit that do not qualify pursuant to35-10
paragraph (m), issued by corporations organized and operating in the United35-11
States or by depository institutions licensed by the United States or any state35-12
and operating in the United States that:35-13
(1) Are purchased from a registered broker-dealer;35-14
(2) At the time of purchase have a remaining term to maturity of no35-15
more than 5 years; and35-16
(3) Are rated by a nationally recognized rating service as "A" or its35-17
equivalent, or better,35-18
except that investments pursuant to this paragraph may not, in aggregate35-19
value, exceed 20 percent of the total par value of the portfolio, and if the35-20
rating of an obligation is reduced to a level that does not meet the35-21
requirements of this paragraph, it must be sold as soon as possible;35-22
(q) Money market mutual funds which:35-23
(1) Are registered with the Securities and Exchange Commission;35-24
(2) Are rated by a nationally recognized rating service as "AAA" or its35-25
equivalent; and35-26
(3) Invest only in securities issued by the Federal Government or35-27
agencies of the Federal Government or in repurchase agreements fully35-28
collateralized by such securities;35-29
(r) Collateralized mortgage obligations that are rated by a nationally35-30
recognized rating service as "AAA" or its equivalent; and35-31
(s) Asset-backed securities that are rated by a nationally recognized35-32
rating service as "AAA" or its equivalent.35-33
2. Repurchase agreements are proper and lawful investments of money35-34
of the state and the state insurance fund for the purchase or sale of securities35-35
which are negotiable and of the types listed in subsection 1 if made in35-36
accordance with the following conditions:35-37
(a) The state treasurer shall designate in advance and thereafter maintain35-38
a list of qualified counterparties which:35-39
(1) Regularly provide audited and, if available, unaudited financial35-40
statements to the state treasurer;35-41
(2) The state treasurer has determined to have adequate capitalization35-42
and earnings and appropriate assets to be highly credit worthy; and36-1
(3) Have executed a written master repurchase agreement in a form36-2
satisfactory to the state treasurer and the state board of finance pursuant to36-3
which all repurchase agreements are entered into. The master repurchase36-4
agreement must require the prompt delivery to the state treasurer and the36-5
appointed custodian of written confirmations of all transactions conducted36-6
thereunder, and must be developed giving consideration to the Federal36-7
Bankruptcy Act.36-8
(b) In all repurchase agreements:36-9
(1) At or before the time money to pay the purchase price is36-10
transferred, title to the purchased securities must be recorded in the name of36-11
the appointed custodian, or the purchased securities must be delivered with36-12
all appropriate, executed transfer instruments by physical delivery to the36-13
custodian;36-14
(2) The state must enter into a written contract with the custodian36-15
appointed pursuant to subparagraph (1) which requires the custodian to:36-16
(I) Disburse cash for repurchase agreements only upon receipt of36-17
the underlying securities;36-18
(II) Notify the state when the securities are marked to the market if36-19
the required margin on the agreement is not maintained;36-20
(III) Hold the securities separate from the assets of the custodian;36-21
and36-22
(IV) Report periodically to the state concerning the market value of36-23
the securities;36-24
(3) The market value of the purchased securities must exceed 10236-25
percent of the repurchase price to be paid by the counterparty and the value36-26
of the purchased securities must be marked to the market weekly;36-27
(4) The date on which the securities are to be repurchased must not be36-28
more than 90 days after the date of purchase; and36-29
(5) The purchased securities must not have a term to maturity at the36-30
time of purchase in excess of 10 years.36-31
3. As used in subsection 2:36-32
(a) "Counterparty" means a bank organized and operating or licensed to36-33
operate in the United States pursuant to federal or state law or a securities36-34
dealer which is:36-35
(1) A registered broker-dealer;36-36
(2) Designated by the Federal Reserve Bank of New York as a36-37
"primary" dealer in United States government securities; and36-38
(3) In full compliance with all applicable capital requirements.36-39
(b) "Repurchase agreement" means a purchase of securities by the state36-40
or state insurance fund from a counterparty which commits to repurchase36-41
those securities or securities of the same issuer, description, issue date and36-42
maturity on or before a specified date for a specified price.37-1
4. No money of this state may be invested pursuant to a reverse-37-2
repurchase agreement, except money invested pursuant to chapter 286 or37-3
chapters 616A to 616D, inclusive, of NRS.37-4
Sec. 62. NRS 355.165 is hereby amended to read as follows: 355.165 1. The local government pooled long-term investment37-6
account is hereby created. The account must be administered by the state37-7
treasurer.37-8
2. All of the provisions of NRS 355.167 apply to the local government37-9
pooled long-term investment account.37-10
3. In addition to the investments which are permissible pursuant to37-11
subsection 3 of NRS 355.167, the treasurer may invest the money in the37-12
local government pooled long-term investment account in:37-13
(a) Mutual funds which:37-14
(1) Are registered with the Securities and Exchange Commission;37-15
(2) Are rated in the highest rating category by at least one nationally37-16
recognized rating service; and37-17
(3) Invest only in securities issued by the Federal Government or37-18
agencies of the Federal Government or in repurchase agreements fully37-19
collateralized by such securities.37-20
(b) An investment contract that is collateralized with securities issued by37-21
the Federal Government or agencies of the Federal Government if:37-22
(1) The collateral has a market value of at least 102 percent of the37-23
amount invested and any accrued unpaid interest thereon;37-24
(2) The treasurer receives a security interest in the collateral that is37-25
fully perfected and the collateral is held in custody for the state by a third-37-26
party agent of the state which is a commercial bank authorized to exercise37-27
trust powers;37-28
(3) The market value of the collateral is determined not less frequently37-29
than weekly and, if the ratio required by subparagraph (1) is not met,37-30
sufficient additional collateral is deposited with the agent of this state to37-31
meet that ratio within 2 business days after the determination; and37-32
(4) The party with whom the investment contract is executed is a37-33
commercial bank37-34
performance of that party is:37-35
(I) An insurance company which has a rating on its ability to pay37-36
claims of not less than "Aa2" by Moody’s Investors Service, Inc., or "AA"37-37
by Standard and Poor’s Ratings Services, or their equivalent; or37-38
(II) An entity which has a credit rating on its outstanding long-term37-39
debt of not less than "A2" by Moody’s Investors Service, Inc., or "A" by37-40
Standard and Poor’s Ratings Services, or their equivalent.37-41
4. In addition to the reasonable charges against the account which the37-42
state treasurer may assess pursuant to subsection 7 of NRS 355.167, the38-1
state treasurer may, in the case of a local government pooled long-term38-2
investment account, assess the costs:38-3
(a) Associated with a calculation of any rebate of arbitrage profits which38-4
is required to be paid to the Federal Government by 26 U.S.C. § 148; and38-5
(b) Of contracting with qualified persons to assist in the:38-6
(1) Calculation of any rebate of arbitrage profits which is required to38-7
be paid to the Federal Government by 26 U.S.C. § 148; and38-8
(2) Administration of the account.38-9
5. In addition to the quarterly computations of interest to be reinvested38-10
for or paid to each participating local government pursuant to subsection 838-11
of NRS 355.167, the state treasurer may, in the case of a local government38-12
pooled long-term investment account, compute and reinvest or pay the38-13
interest more frequently. He may also base his computations on the amount38-14
of interest accrued rather than the amount received.38-15
6. The treasurer may establish one or more separate subaccounts in the38-16
local government pooled long-term investment account for identified38-17
investments that are made for and allocated to specific participating local38-18
governments.38-19
Sec. 63. NRS 355.169 is hereby amended to read as follows: 355.169 1. If an investment of the money of a county or other local38-21
government is made by the county treasurer, whether separately or through a38-22
pooling arrangement as provided in NRS 355.168, the county may, on38-23
behalf of that local government, take any lawful action necessary to recover38-24
the money invested if:38-25
(a) The principal of and interest on any investment is not received when38-26
due; or38-27
(b) The corporation, bank, credit union, broker or other person with38-28
whom the investment is made becomes insolvent or bankrupt or is placed in38-29
receivership.38-30
2. The expenses of any action taken pursuant to this section must be38-31
paid from the money recovered and allocated among the funds from which38-32
the investment is made in the same manner as any loss on an investment is38-33
allocated. If the total amount of money recovered is insufficient to pay those38-34
expenses, the excess amount is a charge against the county.38-35
Sec. 64. NRS 355.170 is hereby amended to read as follows: 355.170 1. Except as otherwise provided in this section and in NRS38-37
354.750, a board of county commissioners, a board of trustees of a county38-38
school district or the governing body of an incorporated city may purchase38-39
for investment the following securities and no others:38-40
(a) Bonds and debentures of the United States, the maturity dates of38-41
which do not extend more than 10 years38-42
(b) Farm loan bonds, consolidated farm loan bonds, debentures,38-43
consolidated debentures and other obligations issued by federal land banks39-1
and federal intermediate credit banks under the authority of the Federal39-2
Farm Loan Act, formerly 12 U.S.C. §§ 636 to 1012, inclusive, and §§ 102139-3
to 1129, inclusive, and the Farm Credit Act of 1971, 12 U.S.C. §§ 2001 to39-4
2259, inclusive, and bonds, debentures, consolidated debentures and other39-5
obligations issued by banks for cooperatives under the authority of the Farm39-6
Credit Act of 1933, formerly 12 U.S.C. §§ 1131 to 1138e, inclusive, and the39-7
Farm Credit Act of 1971, 12 U.S.C. §§ 2001 to 2259, inclusive.39-8
(c) Bills and notes of the United States Treasury, the maturity date of39-9
which is not more than 10 years39-10
(d) Obligations of an agency or instrumentality of the United States of39-11
America or a corporation sponsored by the government, the maturity date of39-12
which is not more than 10 years39-13
(e) Negotiable certificates of deposit issued by commercial banks ,39-14
insured credit unions or savings and loan associations.39-15
(f) Securities which have been expressly authorized as investments for39-16
local governments or agencies, as defined in NRS 354.474, by any39-17
provision of Nevada Revised Statutes or by any special law.39-18
(g) Subject to the limitations contained in NRS 355.177, negotiable notes39-19
or short-time negotiable bonds issued by local governments of the State of39-20
Nevada pursuant to NRS 350.091.39-21
(h) Bankers’ acceptances of the kind and maturities made eligible by law39-22
for rediscount with Federal Reserve Banks, and generally accepted by banks39-23
or trust companies which are members of the Federal Reserve System.39-24
Eligible bankers’ acceptances may not exceed 180 days’ maturity.39-25
Purchases of bankers’ acceptances may not exceed 20 percent of the money39-26
available to a local government for investment as determined on the date of39-27
purchase.39-28
(i) Obligations of state and local governments if:39-29
(1) The interest on the obligation is exempt from gross income for39-30
federal income tax purposes; and39-31
(2) The obligation has been rated "A" or higher by one or more39-32
nationally recognized bond credit rating agencies.39-33
(j) Commercial paper issued by a corporation organized and operating in39-34
the United States or by a depository institution licensed by the United States39-35
or any state and operating in the United States that:39-36
(1) Is purchased from a registered broker-dealer;39-37
(2) At the time of purchase has a remaining term to maturity of no39-38
more than 270 days; and39-39
(3) Is rated by a nationally recognized rating service as "A-1," "P-1"39-40
or its equivalent, or better,39-41
except that investments pursuant to this paragraph may not, in aggregate39-42
value, exceed 20 percent of the total portfolio as determined on the date of40-1
purchase, and if the rating of an obligation is reduced to a level that does not40-2
meet the requirements of this paragraph, it must be sold as soon as possible.40-3
(k) Money market mutual funds which:40-4
(1) Are registered with the Securities and Exchange Commission;40-5
(2) Are rated by a nationally recognized rating service as "AAA" or its40-6
equivalent; and40-7
(3) Invest only in securities issued by the Federal Government or40-8
agencies of the Federal Government or in repurchase agreements fully40-9
collateralized by such securities.40-10
2. Repurchase agreements are proper and lawful investments of money40-11
of a board of county commissioners, a board of trustees of a county school40-12
district or a governing body of an incorporated city for the purchase or sale40-13
of securities which are negotiable and of the types listed in subsection 1 if40-14
made in accordance with the following conditions:40-15
(a) The board of county commissioners, the board of trustees of the40-16
school district or the governing body of the city shall designate in advance40-17
and thereafter maintain a list of qualified counterparties which:40-18
(1) Regularly provide audited and, if available, unaudited financial40-19
statements;40-20
(2) The board of county commissioners, the board of trustees of the40-21
school district or the governing body of the city has determined to have40-22
adequate capitalization and earnings and appropriate assets to be highly40-23
credit worthy; and40-24
(3) Have executed a written master repurchase agreement in a form40-25
satisfactory to the board of county commissioners, the board of trustees of40-26
the school district or the governing body of the city pursuant to which all40-27
repurchase agreements are entered into. The master repurchase agreement40-28
must require the prompt delivery to the board of county commissioners, the40-29
board of trustees of the school district or the governing body of the city and40-30
the appointed custodian of written confirmations of all transactions40-31
conducted thereunder, and must be developed giving consideration to the40-32
Federal Bankruptcy Act.40-33
(b) In all repurchase agreements:40-34
(1) At or before the time money to pay the purchase price is40-35
transferred, title to the purchased securities must be recorded in the name of40-36
the appointed custodian, or the purchased securities must be delivered with40-37
all appropriate, executed transfer instruments by physical delivery to the40-38
custodian;40-39
(2) The board of county commissioners, the board of trustees of the40-40
school district or the governing body of the city must enter a written40-41
contract with the custodian appointed pursuant to subparagraph (1) which40-42
requires the custodian to:41-1
(I) Disburse cash for repurchase agreements only upon receipt of41-2
the underlying securities;41-3
(II) Notify the board of county commissioners, the board of trustees41-4
of the school district or the governing body of the city when the securities41-5
are marked to the market if the required margin on the agreement is not41-6
maintained;41-7
(III) Hold the securities separate from the assets of the custodian;41-8
and41-9
(IV) Report periodically to the board of county commissioners, the41-10
board of trustees of the school district or the governing body of the city41-11
concerning the market value of the securities;41-12
(3) The market value of the purchased securities must exceed 10241-13
percent of the repurchase price to be paid by the counterparty and the value41-14
of the purchased securities must be marked to the market weekly;41-15
(4) The date on which the securities are to be repurchased must not be41-16
more than 90 days after the date of purchase; and41-17
(5) The purchased securities must not have a term to maturity at the41-18
time of purchase in excess of 10 years.41-19
3. The securities described in paragraphs (a), (b) and (c) of subsection 141-20
and the repurchase agreements described in subsection 2 may be purchased41-21
when, in the opinion of the board of county commissioners, the board of41-22
trustees of a county school district or the governing body of the city, there is41-23
sufficient money in any fund of the county, the school district or city to41-24
purchase those securities and the purchase will not result in the impairment41-25
of the fund for the purposes for which it was created.41-26
4. When the board of county commissioners, the board of trustees of a41-27
county school district or governing body of the city has determined that41-28
there is available money in any fund or funds for the purchase of bonds as41-29
set out in subsection 1 or 2, those purchases may be made and the bonds41-30
paid for out of any one or more of the funds, but the bonds must be credited41-31
to the funds in the amounts purchased, and the money received from the41-32
redemption of the bonds, as and when redeemed, must go back into the fund41-33
or funds from which the purchase money was taken originally.41-34
5. Any interest earned on money invested pursuant to subsection 3,41-35
may, at the discretion of the board of county commissioners, the board of41-36
trustees of a county school district or governing body of the city, be credited41-37
to the fund from which the principal was taken or to the general fund of the41-38
county, school district or incorporated city.41-39
6. The board of county commissioners, the board of trustees of a county41-40
school district or governing body of an incorporated city may invest any41-41
money apportioned into funds and not invested pursuant to subsection 3 and41-42
any money not apportioned into funds in bills and notes of the United States41-43
Treasury, the maturity date of which is not more than 1 year after the date of42-1
investment. These investments must be considered as cash for accounting42-2
purposes, and all the interest earned on them must be credited to the general42-3
fund of the county, school district or incorporated city.42-4
7. This section does not authorize the investment of money42-5
administered pursuant to a contract, debenture agreement or grant in a42-6
manner not authorized by the terms of the contract, agreement or grant.42-7
8. As used in this section:42-8
(a) "Counterparty" means a bank organized and operating or licensed to42-9
operate in the United States pursuant to federal or state law or a securities42-10
dealer which is:42-11
(1) A registered broker-dealer;42-12
(2) Designated by the Federal Reserve Bank of New York as a42-13
"primary" dealer in United States government securities; and42-14
(3) In full compliance with all applicable capital requirements.42-15
(b) "Repurchase agreement" means a purchase of securities by a board of42-16
county commissioners, the board of trustees of a county school district or42-17
the governing body of an incorporated city from a counterparty which42-18
commits to repurchase those securities or securities of the same issuer,42-19
description, issue date and maturity on or before a specified date for a42-20
specified price.42-21
Sec. 65. NRS 355.210 is hereby amended to read as follows: 355.210 1. When any money has been deposited in any court pursuant42-23
to law or rule of court, and when in the judgment of the clerk of42-24
court, or the judge thereof if there is no clerk, payment out of42-25
deposit will not be required for 90 days or more, the clerk or the judge, as42-26
the case may be, may invest the money so deposited, either alone or by42-27
commingling it with other42-28
2. The investment may be made:42-29
(a) By deposit at interest in a state or national bank or credit union in the42-30
State of Nevada; or42-31
(b) In bills, bonds, debentures, notes or other securities whose purchase42-32
by a board of county commissioners is authorized by NRS 355.170.42-33
3. The interest earned from any investment of money pursuant to this42-34
section shall be deposited to the credit of the general fund of the political42-35
subdivision or municipality which supports the court.42-36
4. The requirements of this section may be modified by an ordinance42-37
adopted pursuant to the provisions of NRS 244.207.42-38
Sec. 66. NRS 356.015 is hereby amended to read as follows: 356.015 1. The state treasurer shall establish the rate of interest to be42-40
paid on the maturity of each time certificate of deposit.42-41
2. The state treasurer shall make all such deposits through warrants of42-42
the state controller.43-1
3. The state controller shall maintain accurate records of inactive43-2
deposits. Time certificates of deposit which are placed with insured banks ,43-3
credit unions and savings and loan associations shall be deemed to43-4
constitute inactive deposits.43-5
Sec. 67. NRS 356.025 is hereby amended to read as follows: 356.025 1. To be accepted as collateral for a deposit of money by the43-7
state treasurer, first mortgages or first deeds of trust must be on real43-8
property which is located in this state and is used for residences of single43-9
families.43-10
2. Each such first mortgage or first deed of trust must be accompanied43-11
by the promissory note which it secures.43-12
3. No first mortgage or first deed of trust may be accepted for such43-13
collateral if:43-14
(a) Any payment on the related promissory note is more than 30 days43-15
past due;43-16
(b) A prior lien is on the mortgage or deed;43-17
(c) In the case of a mortgage, an action to foreclose has been commenced43-18
or, in the case of a deed of trust, a notice of default and election to sell has43-19
been recorded;43-20
(d) In the case of a loan which is not insured or guaranteed by the43-21
Federal Government, the initial amount lent was greater than 80 percent of43-22
the appraised value of the real property at the time the loan was made;43-23
(e) The loan has been outstanding for less than 1 year;43-24
(f) The grantor of the property resides on the property; or43-25
(g) The loan does not meet the requirements for eligibility of the Federal43-26
Home Loan Mortgage Corporation, the Federal National Mortgage43-27
Association or the Government National Mortgage Association ,43-28
although it is not necessary that any of those agencies have participated in43-29
the loan .43-30
4. If any collateral consisting of a promissory note with a mortgage or43-31
deed of trust is found not to meet the requirements of this section, the43-32
depository bank , credit union or savings and loan association shall43-33
substitute a note of equal or greater value which does meet the43-34
requirements.43-35
5. The financial institution shall assign the pledged mortgages and43-36
deeds of trust to the depositor and deliver them with their promissory notes43-37
to the trust company. The assignment must be recorded when the financial43-38
institution fails to pay any part of the deposit for which the security is43-39
pledged.43-40
Sec. 68. NRS 356.050 is hereby amended to read as follows: 356.050 1. Where the state treasurer, in accordance with the terms43-42
and provisions of NRS 356.010 to 356.110, inclusive, has deposited and43-43
kept on deposit any public money in depositories so designated, he is not44-1
liable personally or upon his official bond for any public money that may be44-2
lost by reason of the failure or insolvency of any such depository; but the44-3
state treasurer is chargeable with the safekeeping, management and44-4
disbursement of the bonds deposited with him as security for deposits of44-5
state money and with interest thereon, and with the proceeds of any sale44-6
under the provisions of NRS 356.010 to 356.110, inclusive.44-7
2. The state treasurer may deposit for safekeeping with any insured44-8
bank,44-9
company within or without this state any securities or bonds pledged with44-10
him, as state treasurer, as collateral or as security for any purpose, but the44-11
securities or bonds may only be so deposited by him with the joint consent44-12
and approval, in writing, of the pledgor thereof and the state board of44-13
finance. Any bonds or securities so deposited by him must be deposited44-14
under a written deposit agreement between the pledgor and the state44-15
treasurer, to be held and released only upon a written order of the state44-16
treasurer or his deputy, and signed by the governor or acting governor and44-17
by one additional member of the state board of finance.44-18
Secs. 69 and 70. (Deleted by amendment.)44-19
Sec. 71. NRS 356.130 is hereby amended to read as follows: 356.130 Whenever the written consent of any bondsman or bondsmen44-21
to deposit the county44-22
savings and loan associations has not been obtained,44-23
or bondsmen44-24
released from all responsibility on the bond of the county treasurer.44-25
Secs. 72-75. (Deleted by amendment.)44-26
Sec. 76. NRS 356.180 is hereby amended to read as follows: 356.180 If a warrant of the county auditor is presented to the county44-28
treasurer for payment, the warrant becomes a check or order of the county44-29
treasurer if the county treasurer endorses thereon the name of the insured44-30
depository bank44-31
where payable, and a number, as provided in NRS 356.170, and44-32
countersigns his name thereto as county treasurer.44-33
Sec. 77. NRS 356.200 is hereby amended to read as follows: 356.200 1. With unanimous consent of his bondsmen, a county44-35
officer, other than a county treasurer, may deposit county money received44-36
by the office of the county officer in an insured bank, insured credit union44-37
or insured savings and loan association located in the State of Nevada.44-38
2. If the written consent of any bondsman to such a deposit has not been44-39
obtained, the bondsman must, upon giving notice as required by law, be44-40
released from all responsibility on the bond of the officer.44-41
3. The accounts must be kept in the name of the county in such manner44-42
as the board of county commissioners may prescribe.45-1
4. The balance in each such account, as certified by the proper officer45-2
of the bank, credit union or savings and loan association in which the money45-3
is deposited, and by oath of the county treasurer, may be accounted for by45-4
the county as cash.45-5
5. All money deposited in any depository bank, credit union or savings45-6
and loan association by such a county officer may be drawn out by him on45-7
check or order payable only to the county treasurer or his order, but every45-8
county assessor may also withdraw money received in payment for license45-9
fees for motor vehicles by check or order payable to the department of45-10
motor vehicles and public safety, and may also withdraw money received in45-11
payment for use taxes for motor vehicles by check or order payable to the45-12
department of taxation.45-13
6. The county officer shall keep a register which shows the amount of45-14
county money on deposit and lists every check or order drawn upon the45-15
depository bank, credit union or savings and loan association, numbering45-16
the items consecutively.45-17
7. The county officer maintaining a deposit in any depository bank ,45-18
credit union or savings and loan association shall draw upon the deposit45-19
not later than the first Monday of each month and whenever the deposit45-20
exceeds $100 for the full amount of county money deposited therein, a45-21
withdrawal to be by check or order payable to the county treasurer, and45-22
shall thereupon deliver the withdrawal to the county treasurer.45-23
8. This section does not apply to any deposit made by the clerk of any45-24
court pursuant to NRS 355.210.45-25
Sec. 78. NRS 360.278 is hereby amended to read as follows: 360.278 The department and the state board of finance may enter into45-27
contracts for armored car service or engage such service where necessary45-28
45-29
45-30
Sec. 79. NRS 360.510 is hereby amended to read as follows: 360.510 1. If any person is delinquent in the payment of any tax or45-32
fee administered by the department or if a determination has been made45-33
against him which remains unpaid, the department may:45-34
(a) Not later than 3 years after the payment became delinquent or the45-35
determination became final; or45-36
(b) Not later than 5 years after the last recording of an abstract of45-37
judgment or of a certificate constituting a lien for tax owed,45-38
give a notice of the delinquency and a demand to transmit personally or by45-39
registered or certified mail to any person, including, without limitation, any45-40
officer or department of the state or any political subdivision or agency of45-41
the state, who has in his possession or under his control any credits or other45-42
personal property belonging to the delinquent, or owing any debts to the45-43
delinquent or person against whom a determination has been made which46-1
remains unpaid, or owing any debts to the delinquent or that person. In the46-2
case of any state officer, department or agency, the notice must be given to46-3
the officer, department or agency before it presents the claim of the46-4
delinquent taxpayer to the state controller.46-5
2. A state officer, department or agency which receives such a notice46-6
may satisfy any debt owed to it by that person before it honors the46-7
department’s notice.46-8
3. After receiving the demand to transmit, the persons so notified may46-9
not transfer or otherwise dispose of the credits, other personal property, or46-10
debts in their possession or under their control at the time they received the46-11
notice until the department consents to a transfer or other disposition.46-12
4. All persons so notified shall, within 10 days after receipt of the46-13
demand to transmit, inform the department of, and transmit to the46-14
department all such credits, other personal property, or debts in their46-15
possession, under their control or owing by them within the time and in the46-16
manner requested by the department. Except as otherwise provided in46-17
subsection 5, no further notice is required to be served to those persons.46-18
5. If the property of the delinquent taxpayer consists of a series of46-19
payments owed to him, the person who owes or controls the payments shall46-20
transmit the payments to the department until otherwise notified by the46-21
department. If the debt of the delinquent taxpayer is not paid within 1 year46-22
after the department issued the original demand to transmit, it shall issue46-23
another demand to transmit to the person responsible for making the46-24
payments informing him to continue to transmit payments to the department46-25
or that his duty to transmit the payments to the department has ceased.46-26
6. If the notice of the delinquency seeks to prevent the transfer or other46-27
disposition of a deposit in a bank or credit union or other credits or46-28
personal property in the possession or under the control of a bank , credit46-29
union or other depository institution, the notice must be delivered or mailed46-30
to the branch or office of the bank , credit union or other depository46-31
institution at which the deposit is carried or at which the credits or personal46-32
property is held.46-33
7. If any person so notified makes any transfer or other disposition of46-34
the property or debts required to be withheld or transmitted, to the extent of46-35
the value of the property or the amount of the debts thus transferred or paid,46-36
he is liable to the state for any indebtedness due pursuant to NRS 482.313,46-37
this chapter or chapter 362, 364A, 365, 369, 370, 372, 372A, 373, 374, 377,46-38
377A, 444A, 585, 590 or 680B of NRS from the person with respect to46-39
whose obligation the notice was given if solely by reason of the transfer or46-40
other disposition the state is unable to recover the indebtedness of the46-41
person with respect to whose obligation the notice was given.47-1
Sec. 80. NRS 364A.140 is hereby amended to read as follows: 364A.140 1. A tax is hereby imposed upon the privilege of47-3
conducting business in this state. The tax for each calendar quarter is due on47-4
the last day of the quarter and must be paid on or before the last day of the47-5
month immediately following the quarter on the basis of the total number of47-6
equivalent full-time employees employed by the business in the quarter.47-7
2. The total number of equivalent full-time employees employed by the47-8
business in the quarter must be calculated pursuant to NRS 364A.150.47-9
3. Except as otherwise provided in NRS 364A.152 and 364A.170, the47-10
amount of tax due per quarter for a business is $25 for each equivalent full-47-11
time employee employed by the business in the quarter.47-12
4. Each business shall file a return on a form prescribed by the47-13
department with each remittance of the tax. If the payment due is greater47-14
than $1,000, the payment must be made by direct deposit at a bank or credit47-15
union in which the state has an account, unless the department waives this47-16
requirement pursuant to regulations adopted by the commission. The return47-17
must include a statement of the number of equivalent full-time employees47-18
employed by the business in the preceding quarter and any other47-19
information the department determines is necessary.47-20
5. The commission shall adopt regulations concerning the payment of47-21
the tax imposed pursuant to this section by direct deposit.47-22
Sec. 81. NRS 387.090 is hereby amended to read as follows: 387.090 The board of trustees of each school district and the governing47-24
body of each charter school may:47-25
1. Operate or provide for the operation of programs of nutrition in the47-26
public schools under their jurisdiction.47-27
2. Use therefor money disbursed to them pursuant to the provisions of47-28
NRS 387.070 to 387.105, inclusive, gifts, donations and other money47-29
received from the sale of food under those programs.47-30
3. Deposit the money in one or more accounts in47-31
more banks or credit unions within the state.47-32
4. Contract with respect to food, services, supplies, equipment and47-33
facilities for the operation of the programs.47-34
Sec. 82. NRS 394.271 is hereby amended to read as follows: 394.271 1. Except as otherwise provided in this section, at the time47-36
application is made for an agent’s permit, a license to operate or a license47-37
renewal, the superintendent shall require the elementary or secondary47-38
educational institution making the application to file a good and sufficient47-39
surety bond in the sum of not less than $5,000. The bond must be executed47-40
by the applicant as principal and by a surety company qualified and47-41
authorized to do business in this state. The bond must be made payable to47-42
the State of Nevada and be conditioned to provide indemnification to any47-43
pupil, enrollee or his parent or guardian determined to have suffered48-1
damage as a result of any act by any elementary or secondary educational48-2
institution or its agent which is a violation of any provision of NRS 394.20148-3
to 394.351, inclusive, and the bonding company shall pay any final,48-4
nonappealable judgment of any court of this state that has jurisdiction, upon48-5
receipt of written notice of final judgment. The bond may be continuous but,48-6
regardless of the duration of the bond, the aggregate liability of the surety48-7
does not exceed the penal sum of the bond.48-8
2. The surety bond must cover the period of the license or the agent’s48-9
permit, as appropriate, except when a surety is released.48-10
3. A surety on any bond filed pursuant to this section may be released48-11
after the surety gives 30 days’ written notice to the superintendent, but the48-12
release does not discharge or otherwise affect any claim filed by a pupil,48-13
enrollee or his parent or guardian for damage resulting from any act of the48-14
elementary or secondary educational institution or agent which is alleged to48-15
have occurred while the bond was in effect, nor for an institution’s closing48-16
operations during the term for which tuition had been paid while the bond48-17
was in force.48-18
4. In lieu of the bond otherwise required by this section, an institution48-19
may purchase a certificate of deposit in an amount of not less than $5,00048-20
from a financial institution insured by an agency of the Federal Government48-21
48-22
may be withdrawn only on the order of the superintendent, except that the48-23
interest may accrue to the institution. Any pupil, enrollee or his parent or48-24
guardian who suffers damage as the result of an act described in subsection48-25
1 may bring and maintain an action to recover against the certificate of48-26
deposit.48-27
5. A license or an agent’s permit is suspended by operation of law when48-28
the institution or agent is no longer covered by a surety bond as required by48-29
this section and no deposit has been made pursuant to subsection 4 or the48-30
deposit has been withdrawn. If a bond has been filed, the superintendent48-31
shall give the institution or agent, or both, at least 30 days’ written notice48-32
before the release of the surety that the license or permit will be suspended48-33
by operation of law until another surety bond is filed in the same manner48-34
and amount as the bond being terminated.48-35
Sec. 83. NRS 396.383 is hereby amended to read as follows: 396.383 1. The University and Community College System of48-37
Nevada accounts payable revolving fund is hereby created. The board of48-38
regents may deposit the money of the fund in48-39
national48-40
2. The chief business officer of each business center of the system shall:48-41
(a) Pay from the fund such operating expenses of the system as the board48-42
of regents may by rule prescribe.49-1
(b) Submit claims to the state board of examiners for money of the49-2
system on deposit in the state treasury or elsewhere to replace money paid49-3
from the University and Community College System of Nevada accounts49-4
payable revolving fund.49-5
Sec. 84. NRS 396.7954 is hereby amended to read as follows: 396.7954 Any49-7
behalf of the desert research institute pursuant to NRS 396.7952, may be49-8
deposited by the board of regents to the credit of the desert research institute49-9
in49-10
the State of Nevada. Such deposits may be either time deposits or on open49-11
account subject to check without notice. The board of regents may act49-12
through any authorized agent or agents in depositing or withdrawing any49-13
49-14
Sec. 85. NRS 396.7974 is hereby amended to read as follows: 396.7974 Any money received by the board of regents on behalf of the49-16
ethics institute pursuant to NRS 396.7972, may be deposited by the board of49-17
regents to the credit of the ethics institute in any49-18
institution in the State of Nevada49-19
a private insurer approved pursuant to NRS 678.755. The board of regents49-20
may act through any authorized agent in depositing or withdrawing any49-21
money in such an account.49-22
Sec. 86. NRS 396.815 is hereby amended to read as follows: 396.815 "Commercial bank" means49-24
1. A state or national bank or trust company49-25
of the Federal Deposit Insurance Corporation, including , without limitation49-26
49-27
2. A credit union whose deposits are insured by the National Credit49-28
Union Share Insurance Fund or by a private insurer approved pursuant49-29
to NRS 678.755.49-30
Sec. 87. NRS 396.836 is hereby amended to read as follows: 396.836 "Trust bank" means49-32
1. A commercial bank49-33
exercising trust powers .49-34
2. A branch of the Federal Reserve Bank.49-35
3. A credit union whose deposits are insured by the National Credit49-36
Union Share Insurance Fund or by a private insurer approved pursuant49-37
to NRS 678.755 that is authorized to exercise and is exercising trust49-38
powers.49-39
Sec. 88. (Deleted by amendment.)49-40
Sec. 89. NRS 408.240 is hereby amended to read as follows: 408.240 1. The state highway revolving account is hereby established49-42
in an amount not to exceed $500,000. The money in the account may be49-43
used by the department to provide advances to employees of the department50-1
for travel expenses and subsistence allowances and for paying travel50-2
expenses and subsistence allowances and other charges and obligations50-3
requiring prompt payment, and for no other purposes.50-4
2. The state controller shall draw his warrant to establish an amount of50-5
$125,000 in the account. Thereafter, upon written request of the board, as it50-6
deems increases in the account to be necessary, the controller shall draw50-7
additional warrants. Upon presentation of such a warrant to the state50-8
treasurer, the state treasurer shall pay it.50-9
3. All money paid by the department from the state highway revolving50-10
account must, after payment thereof, be passed upon by the state board of50-11
examiners in the same manner as other claims against the state. When50-12
approved by the state board of examiners, the state controller shall draw his50-13
warrant for the amount of the money paid in favor of the state highway50-14
revolving account to be paid to the order of the director, and the state50-15
treasurer shall pay the warrant.50-16
4. The director shall deposit the state highway revolving account in one50-17
or more banks or credit unions of reputable standing and secure the deposit50-18
by a depositary bond satisfactory to the state board of examiners.50-19
5. A least once each calendar quarter, the director shall transfer any50-20
interest and other income earned on the money in the state highway50-21
revolving account to the state highway fund.50-22
Sec. 90. NRS 408.383 is hereby amended to read as follows: 408.383 1. Except as otherwise provided in subsections 2 and 11, the50-24
director may pay at the end of each calendar month, or as soon thereafter as50-25
practicable, to any contractor satisfactorily performing any highway50-26
improvement or construction as the work progresses in full for the work as50-27
completed but not more than 95 percent of the entire contract price. The50-28
progress estimates must be based upon materials in place, or on the job site,50-29
or at a location approved by the director, and invoiced, and labor expended50-30
thereon. The remaining 5 percent, but not more than $50,000, must be50-31
retained until the entire contract is completed satisfactorily and accepted by50-32
the director.50-33
2. If the work in progress is being performed on a satisfactory basis, the50-34
director may reduce the percentage retained if he finds that sufficient50-35
reasons exist for additional payment and has obtained written approval from50-36
every surety furnishing bonds for the work. Any remaining money must be50-37
retained until the entire contract is completed satisfactorily and accepted by50-38
the director.50-39
3. If it becomes necessary for the department to take over the50-40
completion of any highway contract or contracts, all of the amounts owing50-41
the contractor, including the withheld percentage, must first be applied51-1
toward the cost of completion of the contract or contracts. Any balance51-2
remaining in the retained percentage after completion by the department is51-3
payable to the contractor or the contractor’s creditors.51-4
4. Such retained percentage as may be due any contractor is due and51-5
payable at the expiration of the 30-day period as provided in NRS 408.36351-6
for filing of creditors’ claims, and this retained percentage is due and51-7
payable to the contractor at that time without regard to creditors’ claims51-8
filed with the department.51-9
5. The contractor under any contract made or awarded by the51-10
department, including any contract for the construction, improvement,51-11
maintenance or repair of any road or highway or the appurtenances thereto,51-12
may, from time to time, withdraw the whole or any portion of the sums51-13
otherwise due to the contractor under the contract which are retained by the51-14
department, pursuant to the terms of the contract, if the contractor deposits51-15
with the director:51-16
(a) United States treasury bonds, United States treasury notes, United51-17
States treasury certificates of indebtedness or United States treasury bills;51-18
(b) Bonds or notes of the State of Nevada; or51-19
(c) General obligation bonds of any political subdivision of the State of51-20
Nevada.51-21
Certificates of deposit must be of a market value not exceeding par, at the51-22
time of deposit, but at least equal in value to the amount so withdrawn from51-23
payments retained under the contract.51-24
6. The director has the power to enter into a contract or agreement with51-25
any national bank, state bank, credit union, trust company or safe deposit51-26
company located in the State of Nevada, designated by the contractor after51-27
notice to the owner and surety, to provide for the custodial care and51-28
servicing of any obligations deposited with him pursuant to this section.51-29
Such services include the safekeeping of the obligations and the rendering51-30
of all services required to effectuate the purposes of this section.51-31
7. The director or any national bank, state bank, credit union, trust51-32
company or safe deposit company located in the State of Nevada,51-33
designated by the contractor to serve as custodian for the obligations51-34
pursuant to subsection 6, shall collect all interest or income when due on the51-35
obligations so deposited and shall pay them, when and as collected, to the51-36
contractor who deposited the obligation. If the deposit is in the form of51-37
coupon bonds, the director shall deliver each coupon as it matures to the51-38
contractor.51-39
8. Any amount deducted by the State of Nevada, or pursuant to the51-40
terms of a contract, from the retained payments otherwise due to the51-41
contractor thereunder, must be deducted first from that portion of the51-42
retained payments for which no obligation has been substituted, then from52-1
the proceeds of any deposited obligation. In the latter case, the contractor is52-2
entitled to receive the interest, coupons or income only from those52-3
obligations which remain on deposit after that amount has been deducted.52-4
9. A contractor shall disburse money paid to him pursuant to this52-5
section, including any interest that the contractor receives, to his52-6
subcontractors and suppliers within 15 days after he receives the money in52-7
the proportion that the value of the work performed by each subcontractor52-8
or the materials furnished by each supplier bears to the total amount of the52-9
contract between the principal contractor and the department.52-10
10. Money payable to a subcontractor or supplier accrues interest at a52-11
rate equal to the lowest daily prime rate at the three largest banks in the52-12
United States on the date the subcontract or order for supplies was executed52-13
plus 2 percent, from 15 days after the money was received by the principal52-14
contractor until the date of payment.52-15
11. If a contractor withholds more than 10 percent of a payment52-16
required by subsection 9, the subcontractor or supplier may inform the52-17
director in writing of the amount due. The director shall attempt to resolve52-18
the dispute between the contractor and the subcontractor or supplier within52-19
20 working days after the date that the director receives notice of the52-20
amount due. If the dispute is not resolved within 20 working days after the52-21
date that the director receives notice of the amount due, the contractor shall52-22
deposit the disputed amount in an escrow account that bears interest. The52-23
contractor, subcontractor or supplier may pursue any legal or equitable52-24
remedy to resolve the dispute over the amount due. The director may not be52-25
made a party to any legal or equitable action brought by the contractor,52-26
subcontractor or supplier.52-27
Sec. 91. NRS 417.130 is hereby amended to read as follows: 417.130 1. Notwithstanding the provisions of subsection 2 of NRS52-29
417.110, the executive director may receive a fee, in an amount set by the52-30
court, for his guardianship services in any estate where the ward dies52-31
leaving no will or heirs.52-32
2. The fee must be deposited in a bank or credit union in an account52-33
for veterans’ relief.52-34
Sec. 92. NRS 417.140 is hereby amended to read as follows: 417.140 1. The money in the account for veterans’ relief must, in the52-36
discretion of the executive director, be used to aid destitute veterans and52-37
their dependents.52-38
2. The executive director shall deposit the money in the account in:52-39
(a) A savings account in a bank52-40
(b) A commercial checking account in a bank52-41
3. The executive director shall keep an accurate record of any receipt or52-42
deposit, and of any withdrawal from any account provided in subsection 2.52-43
Any record of withdrawal must contain the following information:53-1
(a) The date of the withdrawal.53-2
(b) The name of the payee.53-3
(c) The purpose of the expenditure.53-4
Sec. 93. NRS 423.085 is hereby amended to read as follows: 423.085 Each superintendent may establish a savings account with a53-6
bank , credit union or a savings and loan association authorized to do53-7
business in this state. The superintendent may place in the account money53-8
that was not appropriated by the State of Nevada but which is held for the53-9
benefit of the children in:53-10
1. The children’s home; or53-11
2. Any other home or structure in which shelter and care is provided to53-12
the children under a contract entered into pursuant to NRS 423.147.53-13
Sec. 94. NRS 423.135 is hereby amended to read as follows: 423.135 1. The Nevada children’s gift revolving account is hereby53-15
created. All money in the Nevada children’s gift revolving account must be53-16
deposited in a financial institution qualified to receive deposits of public53-17
money and must be secured with a depository bond that is satisfactory to the53-18
state board of examiners, unless it is otherwise secured by the Federal53-19
Deposit Insurance Corporation53-20
Insurance Fund or a private insurer approved pursuant to NRS 678.755.53-21
2. The money in the Nevada children’s gift revolving account may be53-22
distributed by the division to foster parents, upon request, on the basis of53-23
need, to pay the costs associated with participation by a child in foster care53-24
in intramural, recreational, social, school and sports-related activities,53-25
including, but not limited to, uniforms and equipment, the rental of musical53-26
instruments, registration fees and art lessons.53-27
3. All requests for distributions of money from the Nevada children’s53-28
gift revolving account must be made to the division in writing. The person53-29
making the request must demonstrate that all other resources for money to53-30
pay for the activity have been exhausted.53-31
4. The division shall develop policies for the administration of this53-32
section.53-33
5. Purchases made by the division pursuant to this section are exempt53-34
from the provisions of the State Purchasing Act.53-35
6. The balance in the Nevada children’s gift revolving account must be53-36
carried forward at the end of each fiscal year.53-37
Sec. 95. NRS 426.565 is hereby amended to read as follows: 426.565 1. There is hereby created the services to the blind revolving53-39
account, in the amount of $25,000, which must be used by the chief for the53-40
purposes of:53-41
(a) Providing inventories of tools, aids, appliances, supplies and other53-42
accessories used by the blind; and54-1
(b) Payment of the claims of applicants for or recipients of services of54-2
the bureau and vendors providing services to those applicants or recipients,54-3
including maintenance and transportation.54-4
The chief shall sell tools, aids, appliances, supplies and other accessories54-5
used by the blind at cost or at cost plus the costs of administration and54-6
receipts must be deposited forthwith in the services to the blind revolving54-7
account.54-8
2. The chief shall deposit the money in the services to the blind54-9
revolving account in a bank or credit union qualified to receive deposits of54-10
public money. The deposit must be secured by a depository bond54-11
satisfactory to the state board of examiners, unless otherwise secured by the54-12
Federal Deposit Insurance Corporation54-13
Share Insurance Fund or a private insurer approved pursuant to NRS54-14
678.755.54-15
3. Purchases made for the purpose of providing and maintaining the54-16
inventories authorized by subsection 1 are exempt from the provisions of54-17
the State Purchasing Act at the discretion of the chief of the purchasing54-18
division of the department of administration or his designated54-19
representative.54-20
4. The bureau shall:54-21
(a) Maintain current inventory records of all merchandise charged to the54-22
services to the blind revolving account;54-23
(b) Conduct a periodic physical count of all the merchandise; and54-24
(c) Reconcile the results of the periodic physical count with all assets and54-25
liabilities of the account.54-26
The balance in the revolving account must equal $25,000 after subtracting54-27
the accounts payable from the total of the cash, inventories and receivables.54-28
5. After expenditure of money for payment of the claims of applicants54-29
for or recipients of services from the bureau and vendors providing services54-30
to those applicants or recipients, including maintenance and transportation,54-31
from the services to the blind revolving account, the chief shall present a54-32
claim to the state board of examiners. When approved by the state board of54-33
examiners, the state controller shall draw his warrant in the amount of the54-34
claim in favor of the services to the blind revolving account and the state54-35
treasurer shall pay it. The receipt must be deposited forthwith in the services54-36
to the blind revolving account.54-37
Sec. 96. NRS 426.677 is hereby amended to read as follows: 426.677 1. The bureau may, in interim periods when no blind licensee54-39
is available to operate a vending facility and its continuous operation is54-40
required, establish a checking account in a depository bank or credit union54-41
qualified to receive deposits of public money pursuant to chapter 356 of55-1
NRS. All money received from the vending facility during the interim55-2
period must be deposited to the account and all expenses necessary to55-3
maintain the interim operation of the facility must be paid from the account.55-4
2. If the blind licensee who operated the facility returns after a55-5
temporary disability, the bureau shall prepare a financial report and close55-6
the checking account by making a check in the amount of any balance55-7
remaining in the account payable to the licensee.55-8
3. If a blind licensee other than the one who previously operated the55-9
facility is permanently assigned to it, the bureau shall prepare a financial55-10
report and close the checking account by making a check in the amount of55-11
any balance remaining in the account payable to the business enterprise55-12
account for the blind.55-13
Sec. 97. NRS 432.038 is hereby amended to read as follows: 432.038 Subject to the approval and regulations of the state board of55-15
examiners, the division may maintain an account in a bank55-16
credit union for the purchase of birth certificates, death certificates and55-17
other records of vital statistics55-18
other case-work functions of the division pursuant to NRS 432.010 to55-19
432.085, inclusive.55-20
Sec. 98. NRS 432.095 is hereby amended to read as follows: 432.095 1. There is hereby created the placement prevention55-22
revolving account in the amount of $25,000 to be used for the payment of55-23
claims of recipients of goods or services from the division and vendors55-24
providing goods or services to those recipients pursuant to procedures55-25
established by the division.55-26
2. Upon written request from the administrator, the state controller shall55-27
draw his warrant from money already authorized for the use of the division55-28
in the sum of $25,000. When the warrant is paid, the administrator shall55-29
deposit the money in a financial institution qualified to receive deposits of55-30
public money. All money deposited in the placement prevention revolving55-31
account pursuant to this section must be secured with a depository bond that55-32
is satisfactory to the state board of examiners, unless it is otherwise secured55-33
by the Federal Deposit Insurance Corporation55-34
Union Share Insurance Fund or a private insurer approved pursuant to55-35
NRS 678.755.55-36
3. After an expenditure of money from the placement prevention55-37
revolving account, the administrator shall present a claim to the state board55-38
of examiners to maintain a balance of $25,000. If the claim is approved by55-39
the state board of examiners, the state controller shall draw his warrant from55-40
money already authorized for the use of the division in the amount of the55-41
claim in favor of the placement prevention revolving account, and the state55-42
treasurer shall pay the warrant.56-1
4. Money in the placement prevention revolving account does not revert56-2
to the state general fund at the end of the fiscal year, and the balance in the56-3
account must be carried forward.56-4
5. Purchases made by the division pursuant to this section are exempt56-5
from the State Purchasing Act.56-6
Sec. 99. NRS 433.424 is hereby amended to read as follows: 433.424 A mental health and mental retardation center revolving56-8
account up to the amount of $5,000 is hereby created for each division56-9
mental health and mental retardation center, and may be used for the56-10
payment of mental health or mental retardation center bills requiring56-11
immediate payment and for no other purposes. The respective56-12
administrative officers shall deposit the money for the respective revolving56-13
accounts in one or more banks or credit unions of reputable standing.56-14
Payments made from each account must be promptly reimbursed from56-15
appropriated money of the respective mental health or mental retardation56-16
centers on claims as other claims against the state are paid.56-17
Sec. 100. NRS 433.539 is hereby amended to read as follows: 433.539 1. There may be maintained as a trust fund at each division56-19
facility a clients’ personal deposit fund.56-20
2. Money coming into the possession of the administrative officer of a56-21
division facility which belongs to a client must be credited in the fund in the56-22
name of that client.56-23
3. When practicable, individual credits in the fund must not exceed the56-24
sum of $300.56-25
4. Any amounts to the credit of a client may be used for purchasing56-26
personal necessities, for expenses of burial or may be turned over to the56-27
client upon his demand, except that when the client is adjudicated mentally56-28
incompetent the guardian of his estate has the right to demand and receive56-29
the money.56-30
5. An amount accepted for the benefit of a client for a special purpose56-31
must be reserved for that purpose regardless of the total amount to the credit56-32
of the client.56-33
6. Except as otherwise provided in subsection 7, the administrative56-34
officers shall deposit any money received for the funds of their respective56-35
facilities in commercial accounts with one or more banks or credit unions56-36
of reputable standing. When deposits in a commercial account exceed56-37
$15,000, the administrative officer may deposit the excess in a savings56-38
account paying interest in any reputable commercial bank, or in any56-39
56-40
56-41
approved pursuant to NRS 678.755. The savings account must be in the56-42
name of the fund. Interest paid on deposits in the savings account may be56-43
used for recreational purposes at the division facility.57-1
7. The administrative officers may maintain at their respective division57-2
facilities petty cash of not more than $400 of the money in the clients’57-3
personal deposit fund to enable clients to withdraw small sums from their57-4
accounts.57-5
Sec. 101. NRS 433A.090 is hereby amended to read as follows: 433A.090 There is hereby created a revolving account for the mental57-7
health institute in the sum of $7,500, which may be used for the payment of57-8
bills of the institute requiring immediate payment and for no other purpose.57-9
The administrative officer for the institute shall deposit the revolving57-10
account in one or more banks or credit unions of reputable standing.57-11
Payments made from the revolving account must be promptly reimbursed57-12
from appropriated money of the institute as other claims against the state are57-13
paid.57-14
Sec. 102. NRS 433B.270 is hereby amended to read as follows: 433B.270 A revolving account of not more than $5,000 is hereby57-16
created for each division facility. Money in the respective revolving57-17
accounts may be expended only for the payment of bills of the respective57-18
division facilities requiring immediate payment. The respective57-19
administrative officers shall deposit the money for the respective revolving57-20
accounts in one or more banks or credit unions of reputable standing.57-21
Payments made from each account must be promptly reimbursed from57-22
appropriated money of the respective division facilities on claims as other57-23
claims against the state are paid.57-24
Sec. 103. NRS 435.390 is hereby amended to read as follows: 435.390 1. The administrative officer of any division facility where57-26
mentally retarded persons reside may establish a canteen operated for the57-27
benefit of clients and employees of the facility. The administrative officer57-28
shall keep a record of transactions in the operation of the canteen.57-29
2. Each canteen must be self-supporting. No money provided by the57-30
state may be used for its operation.57-31
3. The respective administrative officers shall deposit the money used57-32
for the operation of the canteen in one or more banks or credit unions of57-33
reputable standing, except that an appropriate sum may be maintained as57-34
petty cash at each canteen.57-35
Sec. 104. NRS 440.690 is hereby amended to read as follows: 440.690 1. The state registrar shall keep a true and correct account of57-37
all fees received under this chapter.57-38
2. The money collected pursuant to subsection 2 of NRS 440.700 must57-39
be remitted by the state registrar to the state treasurer for credit to the57-40
children’s trust account, and any other proceeds accruing to the State of57-41
Nevada under the provisions of this chapter must be forwarded to the state57-42
treasurer for deposit in the state general fund.58-1
3. Upon the approval of the state board of examiners and pursuant to its58-2
regulations, the health division may maintain an account in a bank58-3
58-4
for vital statistics.58-5
Sec. 105. NRS 452.160 is hereby amended to read as follows: 452.160 1. Endowment care funds must not be used for any purpose58-7
other than to provide, through income only, for the reserves authorized by58-8
law and for the endowment care of the cemetery in accordance with the58-9
resolutions, bylaws, rules and regulations or other actions or instruments of58-10
the cemetery authority.58-11
2. The funds must be invested and reinvested in:58-12
(a) Bonds of the United States;58-13
(b) Bonds of this state or the bonds of other states;58-14
(c) Bonds of counties or municipalities of any state;58-15
(d) With the approval of the administrator, first mortgages or first trust58-16
deeds on improved real estate;58-17
(e)58-18
union or savings and loan association58-19
insured by a private insurer approved pursuant to NRS 678.755; or58-20
(f) With the written approval of the administrator, any investment which58-21
would be proper under the provisions of NRS 164.050.58-22
Pending investment as provided in this subsection, such funds may be58-23
deposited in58-24
union or savings and loan association which is qualified to do business in58-25
the State of Nevada58-26
private insurer approved pursuant to NRS 678.755.58-27
3. Each cemetery authority operating an endowment care cemetery shall58-28
submit to the administrator annually, on a form prescribed and adopted by58-29
the administrator, a financial statement of the condition of its endowment58-30
care fund. The statement must be accompanied by a fee of $10. If the58-31
statement is not received by the administrator he may, after giving 10 days’58-32
notice, revoke the cemetery authority’s certificate of authority.58-33
Sec. 106. NRS 452.720 is hereby amended to read as follows: 452.720 1. Money held in trust for the endowment care of a cemetery58-35
for pets must not be used for any purpose other than to provide, through58-36
income only, for the reserves authorized by law and for the endowment care58-37
of the cemetery in accordance with the resolutions, bylaws, rules and58-38
regulations or other actions or instruments of the cemetery authority.58-39
2. The money must be invested and reinvested in:58-40
(a) Bonds of the United States;58-41
(b) Bonds of this state or the bonds of other states;58-42
(c) Bonds of counties or municipalities of any state;59-1
(d) With the approval of the administrator, first mortgages or first trust59-2
deeds on improved real estate;59-3
(e)59-4
union or savings and loan association59-5
insured by a private insurer approved pursuant to NRS 678.755; or59-6
(f) With the written approval of the administrator, any investment which59-7
would be proper under the provisions of NRS 164.050.59-8
Pending investment as provided in this subsection, such money may be59-9
deposited in59-10
union or savings and loan association which is qualified to do business in59-11
this state59-12
approved pursuant to NRS 678.755.59-13
3. Each cemetery authority shall annually submit to the administrator,59-14
on a form prescribed and adopted by the administrator, a financial statement59-15
of the condition of its trust fund for the endowment care of the cemetery.59-16
The statement must be accompanied by a fee of $10. If the statement is not59-17
received by the administrator he may, after giving 10 days’ notice, revoke59-18
the cemetery authority’s certificate of authority.59-19
Sec. 107. NRS 463.330 is hereby amended to read as follows: 463.330 1. Costs of administration of this chapter incurred by the59-21
commission and the gaming control board must be paid from the state59-22
general fund on claims presented by the commission and the board,59-23
respectively, and approved and paid as other claims against the state are59-24
paid. The commission and the board shall comply with the provisions of the59-25
State Budget Act in order that legislative authorization for budgeted59-26
expenditures may be provided.59-27
2. In order to facilitate the confidential investigation of violations of59-28
this chapter and the regulations adopted by the commission pursuant to59-29
this chapter, there is hereby created the state gaming control board59-30
revolving account. Upon the written request of the chairman of the board,59-31
the state controller shall draw his warrant in favor of the chairman in the59-32
amount of $10,000, and upon presentation of the warrant to the state59-33
treasurer, he shall pay it. When the warrant is paid, the chairman shall59-34
deposit the $10,000 in a bank or credit union of reputable standing59-35
59-36
the state board of examiners.59-37
3. The chairman of the board may use the revolving account to pay the59-38
reasonable expenses of agents and employees of the board engaged in59-39
confidential investigations concerning the enforcement of this chapter,59-40
including the prepayment of expenses where necessary, whether such59-41
expenses are incurred for investigation of known or suspected violations. In59-42
allowing such expenses the chairman is not limited or bound by the59-43
provisions of NRS 281.160.60-1
4. After the expenditure of money from the revolving account, the60-2
chairman of the board shall present a claim to the state board of examiners60-3
for the amount of the expenditure to be replaced in the revolving account.60-4
The claim must be audited, allowed and paid as are other claims against the60-5
state, but the claim must not detail the investigation made as to the agent or60-6
employee making the investigation or the person or persons investigated. If60-7
the state board of examiners is not satisfied with the claim, the members60-8
thereof may orally examine the chairman concerning the claim.60-9
5. Expenditures from the revolving account may not exceed the amount60-10
authorized by the legislature in any60-11
Sec. 108. NRS 463.368 is hereby amended to read as follows: 463.368 1. A credit instrument accepted on or after June 1, 1983, and60-13
the debt that the credit instrument represents are valid and may be enforced60-14
by legal process.60-15
2. A licensee or a person acting on behalf of a licensee may accept an60-16
incomplete credit instrument which:60-17
(a) Is signed by a patron; and60-18
(b) States the amount of the debt in figures,60-19
and may complete the instrument as is necessary for the instrument to be60-20
presented for payment.60-21
3. A licensee or person acting on behalf of a licensee:60-22
(a) May accept a credit instrument that is payable to an affiliated60-23
company or may complete a credit instrument in the name of an affiliated60-24
company as payee if the credit instrument otherwise complies with this60-25
subsection and the records of the affiliated company pertaining to the credit60-26
instrument are made available to agents of the board upon request.60-27
(b) May accept a credit instrument either before, at the time60-28
the patron incurs the debt. The credit instrument and the debt that the credit60-29
instrument represents are enforceable without regard to whether the credit60-30
instrument was accepted before, at the time or after the debt is incurred.60-31
4. This section does not prohibit the establishment of an account by a60-32
deposit of cash, recognized traveler’s check, or any other instrument which60-33
is equivalent to cash.60-34
5. If a credit instrument is lost or destroyed, the debt represented by the60-35
credit instrument may be enforced if the licensee or person if acting on60-36
behalf of the licensee can prove the existence of the credit instrument.60-37
6. A patron’s claim of having a mental or behavioral disorder involving60-38
gambling:60-39
(a) Is not a defense in any action by a licensee or a person acting on60-40
behalf of a licensee to enforce a credit instrument or the debt that the credit60-41
instrument represents.60-42
(b) Is not a valid counterclaim to such an action.61-1
7. Any person who violates the provisions of this section is subject only61-2
to the penalties provided in NRS 463.310 to 463.318, inclusive. The failure61-3
of a person to comply with the provisions of this section or the regulations61-4
of the commission does not invalidate a credit instrument or affect the61-5
ability to enforce the credit instrument or the debt that the credit instrument61-6
represents.61-7
8. The commission may adopt regulations prescribing the conditions61-8
under which a credit instrument may be redeemed or presented to a bank or61-9
credit union for collection or payment.61-10
Sec. 109. NRS 481.260 is hereby amended to read as follows: 481.260 1. The director may expend money appropriated for that61-12
purpose, as he determines necessary, to assist local law enforcement61-13
agencies or the investigation division in the purchase of evidence and in61-14
employing persons other than peace officers to obtain evidence.61-15
2. Upon receiving a written request from the director for money61-16
appropriated pursuant to this section, the state controller shall draw his61-17
warrant, payable to the director, in an amount which does not exceed any61-18
limit set by the legislature in the appropriation.61-19
3. The director may keep money which he has drawn pursuant to this61-20
section in61-21
cash.61-22
Sec. 110. NRS 482.3337 is hereby amended to read as follows: 482.3337 1. Each broker shall open and maintain a separate trust61-24
account in a61-25
association in this state61-26
by a private insurer approved pursuant to NRS 678.755. He shall deposit61-27
into the trust account any money received from a prospective buyer as a61-28
deposit on a vehicle. A broker shall not:61-29
(a) Commingle the money in the trust account with any money that is not61-30
a deposit on a vehicle.61-31
(b) Use any money in the trust account to pay his operational expenses.61-32
2. A broker shall not require the buyer of a vehicle to pay a deposit on a61-33
vehicle in an amount that exceeds 10 percent of the purchase price of the61-34
vehicle.61-35
Sec. 111. NRS 482.346 is hereby amended to read as follows: 482.346 1. In lieu of a bond an applicant may deposit with the61-37
department, under terms prescribed by the department:61-38
(a) A like amount of lawful money of the United States or bonds of the61-39
United States or of the State of Nevada of an actual market value of not less61-40
than the amount fixed by the department; or61-41
(b) A savings certificate of a bank , credit union or savings and loan61-42
association situated in Nevada, which must indicate an account of an61-43
amount equal to the amount of the bond which would otherwise be required62-1
by NRS 482.345 and that this amount is unavailable for withdrawal except62-2
upon order of the department. Interest earned on the amount accrues to the62-3
account of the applicant.62-4
2. A deposit made pursuant to subsection 1 may be disbursed by the62-5
director, for good cause shown and after notice and opportunity for hearing,62-6
in an amount determined by him to compensate a person injured by an62-7
action of the licensee, or released upon receipt of:62-8
(a) A court order requiring the director to release all or a specified62-9
portion of the deposit; or62-10
(b) A statement signed by the person or persons under whose name the62-11
deposit is made and acknowledged before any person authorized to take62-12
acknowledgments in this state, requesting the director to release the deposit,62-13
or a specified portion thereof, and stating the purpose for which the release62-14
is requested.62-15
3. When a deposit is made pursuant to subsection 1, liability under the62-16
deposit is in the amount prescribed by the department. If the amount of the62-17
deposit is reduced or there is an outstanding court judgment for which the62-18
licensee is liable under the deposit, the license is automatically suspended.62-19
The license must be reinstated if the licensee:62-20
(a) Files an additional bond pursuant to subsection 1 of NRS 482.345;62-21
(b) Restores the deposit with the department to the original amount62-22
required under this section; or62-23
(c) Satisfies the outstanding judgment for which he is liable under the62-24
deposit.62-25
4. A deposit made pursuant to subsection 1 may be refunded:62-26
(a) By order of the director,62-27
date62-28
director is satisfied that there are no outstanding claims against the deposit;62-29
or62-30
(b) By order of court, at any time62-31
years62-32
department, upon evidence satisfactory to the court that there are no62-33
outstanding claims against the deposit.62-34
5. Any money received by the department pursuant to subsection 1 must62-35
be deposited with the state treasurer for credit to the motor vehicle fund.62-36
Sec. 112. NRS 487.060 is hereby amended to read as follows: 487.060 1. No license may be issued to an automobile wrecker until62-38
he has procured and filed with the department a good and sufficient bond in62-39
the amount of $50,000, with a corporate surety thereon licensed to do62-40
business in the State of Nevada, approved as to form by the attorney62-41
general, and conditioned that the applicant conducts his business as a62-42
wrecker without fraud or fraudulent representation, and without violation of62-43
the provisions of NRS 487.045 to63-1
department may, by agreement with any automobile wrecker who has been63-2
licensed for 5 years or more by the department or a department of motor63-3
vehicles in another state, reduce the amount of the bond of the wrecker, if63-4
the business of that wrecker has been conducted satisfactorily for the63-5
preceding 5 years, but no bond may be in an amount less than $5,000. The63-6
department shall make the necessary investigation to determine whether a63-7
wrecker licensed in another state has conducted its business satisfactorily.63-8
2. The bond may be continuous in form and the total aggregate liability63-9
on the bond must be limited to the payment of the total amount of the bond.63-10
3. The bond must provide that any person injured by the action of the63-11
automobile wrecker in violation of any of the provisions of NRS 487.045 to63-12
487.160, inclusive, may apply to the director for compensation from the63-13
bond. The director, for good cause shown and after notice and opportunity63-14
for hearing, may determine the amount of compensation and the person to63-15
whom it is to be paid. The surety shall then make the payment.63-16
4. In lieu of a bond an automobile wrecker may deposit with the63-17
department, under the terms prescribed by the department:63-18
(a) A like amount of money or bonds of the United States or of the State63-19
of Nevada of an actual market value of not less than the amount fixed by the63-20
department; or63-21
(b) A savings certificate of a bank , credit union or savings and loan63-22
association situated in Nevada, which must indicate an account of an63-23
amount equal to the amount of the bond which would otherwise be required63-24
by this section and that this amount is unavailable for withdrawal except63-25
upon order of the department. Interest earned on the certificate accrues to63-26
the account of the applicant.63-27
5. A deposit made pursuant to subsection 4 may be disbursed by the63-28
director, for good cause shown and after notice and opportunity for hearing,63-29
in an amount determined by him to compensate a person injured by an63-30
action of the licensee, or released upon receipt of:63-31
(a) A court order requiring the director to release all or a specified63-32
portion of the deposit; or63-33
(b) A statement signed by the person in whose name the deposit is made63-34
and acknowledged before any person authorized to take acknowledgments63-35
in this state, requesting the director to release the deposit, or a specified63-36
portion thereof, and stating the purpose for which the release is requested.63-37
6. When a deposit is made pursuant to subsection 4, liability under the63-38
deposit is in the amount prescribed by the department. If the amount of the63-39
deposit is reduced or there is an outstanding judgment for which the licensee63-40
is liable under the deposit, the license is automatically suspended. The63-41
license must be reinstated if the licensee:63-42
(a) Files an additional bond pursuant to subsection 1;64-1
(b) Restores the deposit with the department to the original amount64-2
required under this section; or64-3
(c) Satisfies the outstanding judgment for which he is liable under the64-4
deposit.64-5
7. A deposit made pursuant to subsection 4 may be refunded:64-6
(a) By order of the director, 3 years after the date the licensee ceases to64-7
be licensed by the department, if the director is satisfied that there are no64-8
outstanding claims against the deposit; or64-9
(b) By order of court, at any time within 3 years after the date the64-10
licensee ceases to be licensed by the department, upon evidence satisfactory64-11
to the court that there are no outstanding claims against the deposit.64-12
8. Any money received by the department pursuant to subsection 4 must64-13
be deposited with the state treasurer for credit to the motor vehicle fund.64-14
Sec. 113. NRS 487.420 is hereby amended to read as follows: 487.420 1. No applicant may be granted a license to operate a salvage64-16
pool until he has procured and filed with the department a good and64-17
sufficient bond in the amount of $50,000, with a corporate surety thereon64-18
licensed to do business in the State of Nevada, approved as to form by the64-19
attorney general, and conditioned that the applicant conducts his business as64-20
an operator of a salvage pool without fraud or fraudulent representation, and64-21
without violation of the provisions of NRS 487.400 to 487.510, inclusive.64-22
The department may, by agreement with any operator of a salvage pool who64-23
has been licensed by the department for 5 years or more, allow a reduction64-24
in the amount of his bond, if his business has been conducted satisfactorily64-25
for the preceding 5 years, but no bond may be in an amount less than64-26
$5,000.64-27
2. The bond may be continuous in form and the total aggregate liability64-28
on the bond must be limited to the payment of the total amount of the bond.64-29
3. The bond must provide that any person injured by the action of the64-30
operator of the salvage pool in violation of any of the provisions of NRS64-31
487.400 to 487.510, inclusive, may apply to the director for compensation64-32
from the bond. The director, for good cause shown and after notice and64-33
opportunity for hearing, may determine the amount of compensation and the64-34
person to whom it is to be paid. The surety shall then make the payment.64-35
4. In lieu of a bond an operator of a salvage pool may deposit with the64-36
department, under the terms prescribed by the department:64-37
(a) A like amount of money or bonds of the United States or of the State64-38
of Nevada of an actual market value of not less than the amount fixed by the64-39
department; or64-40
(b) A savings certificate of a bank , credit union or savings and loan64-41
association situated in Nevada, which must indicate an account of an64-42
amount equal to the amount of the bond which would otherwise be required65-1
by this section and that this amount is unavailable for withdrawal except65-2
upon order of the department. Interest earned on the certificate accrues to65-3
the account of the applicant.65-4
5. A deposit made pursuant to subsection 4 may be disbursed by the65-5
director, for good cause shown and after notice and opportunity for hearing,65-6
in an amount determined by him to compensate a person injured by an65-7
action of the licensee, or released upon receipt of:65-8
(a) A court order requiring the director to release all or a specified65-9
portion of the deposit; or65-10
(b) A statement signed by the person under whose name the deposit is65-11
made and acknowledged before any person authorized to take65-12
acknowledgments in this state, requesting the director to release the deposit,65-13
or a specified portion thereof, and stating the purpose for which the release65-14
is requested.65-15
6. When a deposit is made pursuant to subsection 4, liability under the65-16
deposit is in the amount prescribed by the department. If the amount of the65-17
deposit is reduced or there is an outstanding judgment of a court for which65-18
the licensee is liable under the deposit, the license is automatically65-19
suspended. The license must be reinstated if the licensee:65-20
(a) Files an additional bond pursuant to subsection 1;65-21
(b) Restores the deposit with the department to the original amount65-22
required under this section; or65-23
(c) Satisfies the outstanding judgment for which he is liable under the65-24
deposit.65-25
7. A deposit made pursuant to subsection 4 may be refunded:65-26
(a) By order of the director, 3 years after the date the licensee ceases to65-27
be licensed by the department, if the director is satisfied that there are no65-28
outstanding claims against the deposit; or65-29
(b) By order of court, at any time within 3 years after the date the licensee65-30
ceases to be licensed by the department, upon evidence satisfactory to the65-31
court that there are no outstanding claims against the deposit.65-32
8. Any money received by the department pursuant to subsection 4 must65-33
be deposited with the state treasurer for credit to the motor vehicle fund.65-34
Sec. 114. NRS 487.640 is hereby amended to read as follows: 487.640 1. No license may be issued to an operator of a body shop65-36
until he procures and files with the department a good and sufficient bond in65-37
the amount of $10,000, with a corporate surety thereon licensed to do65-38
business in the State of Nevada, approved as to form by the attorney65-39
general, and conditioned that the applicant shall conduct his business as an65-40
operator of a body shop without fraud or fraudulent representation, and in65-41
compliance with the provisions of NRS 487.035,65-42
487.690, inclusive, and 597.480 to 597.590, inclusive. The department may,65-43
by agreement with any operator of a body shop who has been licensed by66-1
the department for 5 years or more, allow a reduction in the amount of the66-2
bond of the operator, if the business of the operator has been conducted66-3
satisfactorily for the preceding 5 years, but no bond may be in an amount66-4
less than $1,000.66-5
2. The bond may be continuous in form and the total aggregate liability66-6
on the bond must be limited to the payment of the total amount of the bond.66-7
3. The bond must provide that any person injured by the action of the66-8
operator of the body shop in violation of any of the provisions of NRS66-9
487.035,66-10
inclusive, may apply to the director for compensation from the bond. The66-11
director, for good cause shown and after notice and opportunity for hearing,66-12
may determine the amount of compensation and the person to whom it is to66-13
be paid. The surety shall then make the payment.66-14
4. In lieu of a bond an operator of a body shop may deposit with the66-15
department, under the terms prescribed by the department:66-16
(a) A like amount of money or bonds of the United States or of the State66-17
of Nevada of an actual market value of not less than the amount fixed by the66-18
department; or66-19
(b) A savings certificate of a bank , credit union or savings and loan66-20
association situated in Nevada, which must indicate an account of an66-21
amount equal to the amount of the bond which would otherwise be required66-22
by this section and that this amount is unavailable for withdrawal except66-23
upon order of the department. Interest earned on the certificate accrues to66-24
the account of the applicant.66-25
5. A deposit made pursuant to subsection 4 may be disbursed by the66-26
director, for good cause shown and after notice and opportunity for hearing,66-27
in an amount determined by him to compensate a person injured by an66-28
action of the licensee, or released upon receipt of:66-29
(a) An order of a court requiring the director to release all or a specified66-30
portion of the deposit; or66-31
(b) A statement signed by the person under whose name the deposit is66-32
made and acknowledged before any person authorized to take66-33
acknowledgments in this state, requesting the director to release the deposit,66-34
or a specified portion thereof, and stating the purpose for which the release66-35
is requested.66-36
6. When a deposit is made pursuant to subsection 4, liability under the66-37
deposit is in the amount prescribed by the department. If the amount of the66-38
deposit is reduced or there is an outstanding judgment of a court for which66-39
the licensee is liable under the deposit, the license is automatically66-40
suspended. The license must be reinstated if the licensee:66-41
(a) Files an additional bond pursuant to subsection 1;66-42
(b) Restores the deposit with the department to the original amount66-43
required under this section; or67-1
(c) Satisfies the outstanding judgment for which he is liable under the67-2
deposit.67-3
7. A deposit made pursuant to subsection 4 may be refunded:67-4
(a) By order of the director, 3 years after the date the licensee ceases to67-5
be licensed by the department, if the director is satisfied that there are no67-6
outstanding claims against the deposit; or67-7
(b) By order of court, at any time within 3 years after the date the67-8
licensee ceases to be licensed by the department, upon evidence satisfactory67-9
to the court that there are no outstanding claims against the deposit.67-10
8. Any money received by the department pursuant to subsection 4 must67-11
be deposited with the state treasurer for credit to the motor vehicle fund.67-12
Sec. 115. NRS 489.724 is hereby amended to read as follows: 489.724 1. All down payments, deposits of earnest money, proceeds67-14
of loans or other money which a dealer receives, on behalf of his principal67-15
or any other person, must be deposited in a separate checking account,67-16
which must be designated a trust account, in a financial institution in this67-17
state whose deposits are insured by an agency of the Federal Government67-18
or by a private insurer approved pursuant to NRS 678.755.67-19
2. Every dealer required to maintain a separate or trust account shall67-20
keep records of all money deposited therein. The records must clearly67-21
indicate the date and from whom he received money, the date deposited, the67-22
dates of withdrawals, and other pertinent information concerning the67-23
transaction, and must show clearly for whose account the money is67-24
deposited and to whom the money belongs. All such records and money are67-25
subject to inspection and audit by the division and its authorized67-26
representatives. All such separate trust accounts must designate the dealer as67-27
trustee and provide for the withdrawal of money without previous notice.67-28
3. All money deposited in a separate trust account from down67-29
payments, deposits of earnest money, proceeds of loans or other money67-30
received by a dealer from a person pursuant to a written contract signed by67-31
the dealer and that person must not be withdrawn from the account except to67-32
pay specific expenses as authorized by the written contract.67-33
4. Each dealer shall notify the division of the names of the financial67-34
institutions in which he maintains trust accounts and specify the names of67-35
the accounts on forms provided by the division.67-36
Sec. 116. NRS 501.359 is hereby amended to read as follows: 501.359 1. The wildlife imprest account in the amount of $15,000 is67-38
hereby created for the use of the division, subject to the following67-39
conditions:67-40
(a) The money must be deposited in a bank or credit union qualified to67-41
receive deposits of public money, except that $500 must be kept in the67-42
custody of an employee designated by the administrator for immediate use67-43
for purposes set forth in this section.68-1
(b) The account must be replenished periodically from the wildlife68-2
account in the state general fund upon approval of expenditures as required68-3
by law and submission of vouchers or other documents to indicate payment68-4
as may be prescribed.68-5
2. The wildlife imprest account may be used to pay for postage, C.O.D.68-6
packages, travel or other minor expenses which are proper as claims for68-7
payment from the wildlife account in the state general fund.68-8
3. The wildlife imprest account may be used to provide money to68-9
employees of the division for travel expenses and subsistence allowances68-10
arising out of their official duties or employment. All advances constitute a68-11
lien in favor of the division upon the accrued wages of the requesting68-12
employee in an amount equal to the money advanced, but the administrator68-13
may advance more than the amount of the accrued wages of the employee.68-14
Upon the return of the employee, he is entitled to receive money for any68-15
authorized expenses and subsistence in excess of the amount advanced.68-16
Sec. 117. NRS 522.113 is hereby amended to read as follows: 522.113 1. The owner, lessee, operator or other person who is liable68-18
for payment of the money derived from the sale of the production from an68-19
oil or gas well located in68-20
(a) Pay the money directly to each person identified as being legally68-21
entitled thereto not later than:68-22
(1) Six months after the first day of the month following the date of68-23
the first sale of the production, and thereafter not later than 60 days after the68-24
end of the month within which subsequent production is sold; or68-25
(2) Twelve months after the first day of the month following the date68-26
of the first sale of the production, and every 12 months thereafter, if the68-27
amount owed is $25 or less.68-28
(b) If unable to pay timely any portion of the money because of inability68-29
to locate a person entitled to receive the money or for any other reason,68-30
deposit the unpaid portion of the money in an escrow account in a68-31
68-32
a standard escrow document form approved by the attorney general of68-33
Nevada. The bank, credit union or savings and loan association must be68-34
federally insured or insured by a private insurer approved pursuant to68-35
NRS 678.755. The deposit must earn interest at the highest rate being68-36
offered by that institution for similar deposits. The escrow agent may68-37
commingle money so received into escrow from any one source. The escrow68-38
agent shall pay the appropriate amount of principal and accrued interest68-39
from such an account to a person legally entitled thereto within 30 days after68-40
the date of receipt by the escrow agent of a final legal determination of68-41
entitlement thereto. Applicable escrow fees must be deducted from the68-42
payment.69-1
2. Any person who violates the provisions of subsection 1 is liable to69-2
each person legally entitled thereto for the unpaid amounts of money,69-3
together with interest at the rate of 18 percent per annum on the unpaid69-4
balance from the date the payment was due pursuant to paragraph (a) of69-5
subsection 1.69-6
3. This section does not apply to payments from an owner, lessee,69-7
operator or other person who is liable for payment of the money derived69-8
from the sale of the production from an oil or gas well located in this state69-9
to a person identified as being legally entitled to such a payment if those69-10
persons have agreed in writing to some other period of payment for the first69-11
payment or for subsequent payments.69-12
Sec. 118. NRS 533.435 is hereby amended to read as follows: 533.435 1. The state engineer shall collect the following fees:69-14
For examining and filing an application for a permit to69-15
appropriate water $250.0069-16
This fee includes the cost of publication, which is $50.69-17
For examining and acting upon plans and specifications for69-18
construction of a dam 500.0069-19
For examining and filing an application for each permit to69-20
change the point of diversion, manner of use or place of69-21
use of an existing right 150.0069-22
This fee includes the cost of the publication of the69-23
application, which is $50.69-24
For issuing and recording each permit to appropriate water69-25
for any purpose, except for generating hydroelectric69-26
power which results in nonconsumptive use of the water69-27
or watering livestock or wildlife purposes 150.0069-28
plus $2 per acre-foot approved or fraction thereof.69-29
For issuing and recording each permit to change an existing69-30
right whether temporary or permanent for any purpose,69-31
except for generating hydroelectric power which results69-32
in nonconsumptive use of the water, for watering69-33
livestock or wildlife purposes which change the point of69-34
diversion or place of use only, or for irrigational purposes69-35
which change the point of diversion or place of use only 100.0069-36
plus $2 per acre-foot approved or fraction thereof.69-37
For issuing and recording each permit to change the point of69-38
diversion or place of use only of an existing right whether69-39
temporary or permanent for irrigational purposes 200.0070-1
For issuing and recording each permit to appropriate or70-2
change the point of diversion or place of use of an70-3
existing right only whether temporary or permanent for70-4
watering livestock or wildlife purposes for each second-70-5
foot of water approved or fraction thereof $50.0070-6
For issuing and recording each permit to appropriate or70-7
change an existing right whether temporary or permanent70-8
for water for generating hydroelectric power which70-9
results in nonconsumptive use of the water for each70-10
second-foot of water approved or fraction thereof 100.0070-11
This fee must not exceed $1,000.70-12
For filing a secondary application under a reservoir permit 200.0070-13
For approving and recording a secondary permit under a70-14
reservoir permit 200.0070-15
For reviewing each tentative subdivision map 150.0070-16
plus $1 per lot.70-17
For storage approved under a dam permit for privately70-18
owned nonagricultural dams which store more than 5070-19
acre-feet 100.0070-20
plus $1 per acre-foot storage capacity. This fee70-21
includes the cost of inspection and must be paid70-22
annually.70-23
For filing proof of completion of work 10.0070-24
For filing proof of beneficial use 50.0070-25
For filing any protest 25.0070-26
For filing any application for extension of time within70-27
which to file proofs 100.0070-28
For examining and filing a report of conveyance filed70-29
pursuant to paragraph (a) of subsection 1 of NRS70-30
533.384 25.0070-31
plus $10 per conveyance document70-32
For filing any other instrument 1.0070-33
For making copy of any document recorded or filed in his70-34
office, for the first page 1.0070-35
For each additional page .2070-36
For certifying to copies of documents, records or maps, for70-37
each certificate 1.0070-38
For each blueprint copy of any drawing or map, per square70-39
foot .5070-40
The minimum charge for a blueprint copy, per print 3.0070-41
2. When fees are not specified in subsection 1 for work required of his70-42
office, the state engineer shall collect the actual cost of the work.71-1
3. Except as otherwise provided in this subsection, all fees collected by71-2
the state engineer under the provisions of this section must be deposited in71-3
the state treasury for credit to the general fund. All fees received for71-4
blueprint copies of any drawing or map must be kept by him and used only71-5
to pay the costs of printing, replacement and maintenance of printing71-6
equipment. Any publication fees received which are not used by him for71-7
publication expenses must be returned to the persons who paid the fees. If,71-8
after exercising due diligence, the state engineer is unable to make the71-9
refunds, he shall deposit the fees in the state treasury for credit to the71-10
general fund. The state engineer may maintain, with the approval of the state71-11
board of examiners, a checking account in any bank or credit union71-12
qualified to handle state money to carry out the provisions of this71-13
subsection. The71-14
satisfactory to the state board of examiners to the extent the account is not71-15
insured by the Federal Deposit Insurance Corporation71-16
Credit Union Share Insurance Fund or a private insurer approved71-17
pursuant to NRS 678.755.71-18
Sec. 119. NRS 539.530 is hereby amended to read as follows: 539.530 All71-20
irrigation district within this state, or of the treasurer or other officer thereof,71-21
shall, so far as possible, be deposited in71-22
banks or credit unions in this state as the treasurer or other officer of such71-23
irrigation district having legal custody of such71-24
for the safekeeping thereof, and shall be subject to withdrawal at any time71-25
on demand of the treasurer or other authorized officer.71-26
Sec. 120. NRS 539.537 is hereby amended to read as follows: 539.537 1. For the security of such deposits there shall be delivered to71-28
the treasurer of the irrigation district a bond or bonds of a corporate surety71-29
qualified to act as sole surety on bonds or undertakings required by the laws71-30
of this state, and approved by the commissioner of insurance as a company71-31
possessing the qualifications required for the purpose of transacting a surety71-32
business within this state. The penal amount of such bond or bonds shall at71-33
no time be less than the amount of money deposited by the irrigation district71-34
with such depositary. The bond or bonds shall secure and guarantee the full71-35
and complete repayment to the irrigation district or the payment to its order71-36
of all71-37
premium for such corporate surety bond or bonds, in the discretion of the71-38
board of directors of the irrigation district, may be paid out of the71-39
money so deposited or may be required to be paid by the depositary.71-40
2. The depositary may, in lieu of the corporate surety bond or bonds,71-41
deposit with the treasurer of the irrigation district treasury notes or United71-42
States bonds, or other securities which are legal investments for savings71-43
banks and credit unions in this state, the market value of which shall at all72-1
times equal the amount of72-2
security, and such securities shall be placed by the treasurer in escrow in72-3
some bank or credit union other than the depositary of the72-4
of the district. In the event of the failure of the depositary to repay such72-5
72-6
securities so placed in escrow shall be redelivered to the treasurer and may72-7
be sold by him with or without notice, and the proceeds thereof used to72-8
reimburse the district.72-9
Sec. 121. NRS 539.6135 is hereby amended to read as follows: 539.6135 1. Except as otherwise provided in this chapter, the72-11
proceeds of refunding bonds must be immediately applied to the retirement72-12
of the bonds to be refunded or be placed in escrow or trust in any trust72-13
banks or credit unions within or without or both within and without this72-14
state to be applied to the payment of the refunded bonds or the refunding72-15
bonds, or both, upon their presentation therefor to the extent, in the priority72-16
and otherwise in the manner which the board may determine.72-17
2. The incidental costs of refunding bonds may be paid by the purchaser72-18
of the refunding bonds or be defrayed from any money of the district,72-19
subject to appropriations therefor as otherwise provided by statute, or other72-20
available revenues of the district under the control of the board, from the72-21
proceeds of the refunding bonds, from the interest or other yield derived72-22
from the investment of any proceeds of the refunding bonds or other money72-23
in escrow or trust, or from any other sources legally available therefor, or72-24
any combination thereof, as the board may determine.72-25
Sec. 122. NRS 539.6137 is hereby amended to read as follows: 539.6137 1. Any escrow or trust provided pursuant to NRS 539.613572-27
is not necessarily limited to the proceeds of refunding bonds but may72-28
include other money available for its purpose. Any proceeds in escrow or72-29
trust, pending their use, may only be invested or reinvested in securities72-30
which are direct obligations of or which the principal of and interest on are72-31
unconditionally guaranteed by the Federal Government.72-32
2. Any trust bank or credit union shall continuously secure any money72-33
placed in escrow or trust and not so invested or reinvested in federal72-34
securities by a pledge in any trust banks72-35
without or both within and without72-36
securities in an amount which is at all times at least equal to the total72-37
uninvested amount of the money accounted for in the escrow or trust.72-38
3. The proceeds and investments in escrow or trust, together with any72-39
interest or other gain to be derived from any such investment, must be in an72-40
amount at all times at least sufficient to pay the principal of, interest on and72-41
any prior redemption premiums due, any charges of the escrow agent or72-42
trustee and any other incidental expenses payable therefrom, except to the72-43
extent provision may have been previously otherwise made therefor, as73-1
those obligations become due at their respective maturities or due at the73-2
designated prior redemption dates in connection with which the board has73-3
exercised or is obligated to exercise a prior redemption option on behalf of73-4
the district.73-5
4. The computations made in determining that sufficiency must be73-6
verified by a certified public accountant licensed to practice in this state or73-7
in any other state.73-8
Sec. 123. NRS 539.633 is hereby amended to read as follows: 539.633 The principal and interest shall be payable at the place73-10
designated in the bonds, which may be at any place within or outside of this73-11
state, and any district may deposit73-12
more banks or credit unions within or outside of this state for the payment73-13
of the principal or interest on such bonds at the place or places at which the73-14
same are payable, or for any other lawful purpose. Sec. 124. NRS 539.655 is hereby amended to read as follows: 539.655 1. Whenever any bond of an irrigation district organized and73-17
existing under and pursuant to the laws of the State of Nevada, including73-18
any bond authorized in any such district but not sold, which is eligible to73-19
certification by the state controller under NRS 539.647, is presented to the73-20
state controller, he shall attach a certificate in substantially the following73-21
form:73-22
Carson City, Nevada (insert date).73-23
I, ........................, state controller of the State of Nevada, do hereby73-24
certify that the within bond, No. ..... of issue No. ........ of the ................73-25
Irrigation District, issued ................ (insert date), is, in accordance with73-26
NRS 539.640 to 539.665, inclusive, a legal investment for all trust funds73-27
and for the73-28
commercial and savings, credit unions, trust companies, and any73-29
money which may be invested in county, municipal or school district bonds,73-30
and it may be deposited as security for the performance of any act whenever73-31
the bonds of any county, city or school district may be so deposited, it being73-32
entitled to such privileges by virtue of an examination by the department of73-33
taxation in pursuance of NRS 539.640 to 539.665, inclusive. The within73-34
bond may also be used as security for the deposit of public money in banks73-35
or credit unions in this state.73-36
73-37
State Controller of the State of Nevada73-38
2. In case of a change in the constitution or any of the laws of this state73-39
relating to the bonds of irrigation districts, the state controller shall, if73-40
necessary, modify the above certificate so that it conforms to the facts.74-1
3. A facsimile of the state controller’s signature, printed or otherwise,74-2
impressed upon the certificate is a sufficient signing thereof.74-3
Sec. 125. NRS 539.660 is hereby amended to read as follows: 539.660 1. All bonds certified in accordance with the terms of NRS74-5
539.640 to 539.665, inclusive, are legal investments for all trust funds, and74-6
for the74-7
and savings, credit unions and trust companies.74-8
2. Whenever any money74-9
enacted, be invested in bonds of cities, counties, school districts or74-10
municipalities in the State of Nevada, such money74-11
invested in the bonds of irrigation districts, and whenever bonds of cities,74-12
counties, school districts or municipalities may by any law now or hereafter74-13
enacted be used as security for the performance of any act, bonds of74-14
irrigation districts under the limitations in NRS 539.640 to 539.665,74-15
inclusive, provided it may be so used.74-16
Sec. 126. NRS 561.335 is hereby amended to read as follows: 561.335 1. The revolving account for agriculture working capital in74-18
the amount of $10,000 is hereby created for the use of the division.74-19
2. The account must be used specifically for carrying out the provisions74-20
of NRS74-21
inclusive.74-22
3. The account may be used for:74-23
(a) Paying the expenses of all programs and laws administered by the74-24
division, except expenses related to estrays which are required to be paid74-25
pursuant to NRS 569.090. The account must be reimbursed promptly from74-26
the proper funds in the state treasury by claims paid as other claims against74-27
the state are paid for any expenses paid pursuant to this paragraph.74-28
(b) Providing advance money to officers and employees of the division74-29
for travel expenses and subsistence allowances arising out of their official74-30
duties or employment. Such an advance constitutes a lien in favor of the74-31
division upon the accrued wages of the requesting officer or employee in an74-32
amount equal to the sum advanced, but the administrator may advance more74-33
than the amount of the accrued wages of the officer or employee. Upon the74-34
return of the officer or employee, he is entitled to receive any authorized74-35
expenses and subsistence in excess of the amount advanced, and a sum74-36
equal to the advance must be paid into the revolving account for agriculture74-37
working capital.74-38
(c) Making grants and loans for any purpose authorized by subsection 274-39
of NRS 561.445. Any loan or grant made pursuant to this paragraph must be74-40
reimbursed promptly, as other claims against the state are paid, from the74-41
money deposited in the state treasury pursuant to subsection 1 of NRS74-42
561.445.75-1
4. The revolving account for agriculture working capital must be75-2
deposited in a bank or credit union qualified to receive deposits of public75-3
money and the deposit must be secured by a depository bond satisfactory to75-4
the state board of examiners.75-5
Sec. 127. NRS 569.090 is hereby amended to read as follows: 569.090 1. Except as otherwise provided pursuant to a cooperative75-7
agreement established pursuant to NRS 569.031, the division shall:75-8
(a) Pay the reasonable expenses incurred in taking up, holding,75-9
advertising and selling the estray, and any damages for trespass allowed75-10
pursuant to NRS 569.440, out of the proceeds of the sale of the estray and75-11
shall place the balance in an interest-bearing checking account in a bank or75-12
credit union qualified to receive deposits of public money. The proceeds75-13
from the sale and any interest on those proceeds, which are not claimed75-14
pursuant to subsection 2 within 1 year after the sale, must be deposited in75-15
the state treasury for credit to the livestock inspection account.75-16
(b) Make a complete record of the transaction, including the marks and75-17
brands and other means of identification of the estray, and shall keep the75-18
record open to the inspection of the public.75-19
2. If the lawful owner of the estray is found within 1 year after its sale75-20
and proves ownership to the satisfaction of the division, the net amount75-21
received from the sale must be paid to the owner.75-22
3. If any claim pending75-23
sale is denied, the proceeds and any interest thereon must be deposited in75-24
the livestock inspection account.75-25
Sec. 128. NRS 573.020 is hereby amended to read as follows: 573.020 1. A person shall not hold, operate, conduct or carry on a75-27
public livestock auction in this state without first securing a license therefor75-28
from the division.75-29
2. The application for a license must be on forms prescribed and75-30
furnished by the division and set forth:75-31
(a) The name of the operator of the public livestock auction.75-32
(b) The location of the establishment or premises where the public75-33
livestock auction is to be conducted.75-34
(c) The type or kinds of livestock to be handled, sold or exchanged.75-35
(d) A description of the facilities to be used in conducting the public75-36
livestock auction.75-37
(e) The weekly or monthly sales day or days on which the applicant75-38
proposes to operate his public livestock auction.75-39
(f) The name and address of the bank or credit union where the custodial75-40
account for consignors’ proceeds will be established and maintained by the75-41
operator of the public livestock auction in compliance with the provisions of75-42
NRS 573.104.76-1
(g) Such other information as the division reasonably may require,76-2
including, without limitation, proof that at the time of application the76-3
applicant has a line of credit established at a bank or credit union in the76-4
State of Nevada in an amount at least equal to the estimated average weekly76-5
gross sales receipts of the public livestock auction to be conducted by him.76-6
3. The application must be accompanied by a bond or deposit receipt76-7
and the required fee as provided in this chapter.76-8
Sec. 129. NRS 573.037 is hereby amended to read as follows: 573.037 1. As authorized by subsection 3 of NRS 573.030, in lieu of76-10
filing the bond described in NRS 573.033 or 573.035, the applicant may76-11
deliver to the administrator the receipt of a bank , credit union or trust76-12
company doing business in this state showing the deposit with such bank ,76-13
credit union or trust company of cash or of securities endorsed in blank by76-14
the owner thereof and of a market value equal at least to the required76-15
principal amount of the bond, such cash or securities to be deposited in76-16
escrow under an agreement conditioned as in the case of a bond. A receipt76-17
must be accompanied by evidence that there are no unsatisfied judgments76-18
against the applicant of record in the county where the applicant resides.76-19
2. An action for recovery against any such deposit may be brought in76-20
the same manner as in the case of an action for recovery on a bond filed76-21
under the provisions of this chapter.76-22
3. If any licensed operator of a public livestock auction for any reason76-23
ceases to operate such auction, the amount of money or securities deposited76-24
in lieu of a bond must be retained by the division for 1 year. If76-25
76-26
action has been commenced to recover against such money or securities, the76-27
amount thereof must be delivered to the owner thereof. If a legal action has76-28
been commenced within such time, all such money and securities must be76-29
held by the administrator subject to the order of a court of competent76-30
jurisdiction.76-31
Sec. 130. NRS 573.104 is hereby amended to read as follows: 573.104 1. Each licensee shall deposit the gross proceeds received by76-33
him from the sale of livestock handled on a commission or agency basis in a76-34
separate76-35
bank or credit union at which his line of credit, as required by paragraph76-36
(g) of subsection 2 of NRS 573.020, is established. The separate76-37
account must be designated a "custodial account for consignors’ proceeds."76-38
2. The custodial account for consignors’ proceeds may be drawn on76-39
only:76-40
(a) For the payment of net proceeds to the consignor, or any other person76-41
or persons of whom the licensee has knowledge who is entitled to those76-42
proceeds;77-1
(b) To obtain the sums due the licensee as compensation for his services;77-2
and77-3
(c) For such sums as are necessary to pay all legal charges against the77-4
consignment of livestock which the licensee in his capacity as agent is77-5
required to pay for and on behalf of the consignor.77-6
3. The licensee shall:77-7
(a) In each case keep such accounts and records as will at all times77-8
disclose the names of the consignors and the amount due to each from the77-9
money in the custodial account for consignors’ proceeds.77-10
(b) Maintain the custodial account for consignors’ proceeds in a manner77-11
that will expedite examination by the administrator and reflect compliance77-12
with the requirements of this section.77-13
Sec. 131. NRS 573.105 is hereby amended to read as follows: 573.105 The administrator shall ascertain, at least quarterly, the77-15
continued existence and amount of the line of credit shown pursuant to77-16
paragraph (g) of subsection 2 of NRS 573.020, or its replacement by a line77-17
of credit at another bank or credit union in the State of Nevada and the77-18
amount of the replacement. If the line of credit is so replaced, the custodial77-19
account must be transferred to the bank or credit union issuing the new line77-20
of credit. If a line of credit in the amount required is not maintained, the77-21
administrator shall suspend the operator’s license.77-22
Sec. 132. NRS 573.183 is hereby amended to read as follows: 573.183 When the administrator determines, on the basis of any77-24
verified complaint or of any inspection or investigation made by him77-25
pursuant to this chapter, that any operator of a public livestock auction is77-26
violating or is about to violate any provision of this chapter for the77-27
protection of consignor creditors, he may order:77-28
1. The operator to cease and desist from:77-29
(a) Receiving or selling any livestock;77-30
(b) Receiving or disbursing any money; or77-31
(c) Any practice which violates any provision of this chapter or any other77-32
law or any rule, order or regulation issued pursuant to law.77-33
2. Any bank or credit union which holds the custodial account of the77-34
operator, as required by NRS 573.104, to refrain from paying out any77-35
money from the account.77-36
The order ceases to be effective upon the expiration of 3 days, exclusive of77-37
Saturdays, Sundays and other nonjudicial days,77-38
issuance unless a court has, pursuant to NRS 573.185, issued an order which77-39
continues the restraint.77-40
Sec. 133. NRS 576.040 is hereby amended to read as follows: 576.040 1. Each applicant to whom a license to act as a dealer, broker77-42
or commission merchant is issued shall:77-43
(a) File one of the following:78-1
(1) A bond of a surety company authorized to do business in this state.78-2
(2) A bond with individual sureties owning unencumbered real78-3
property within this state subject to execution and worth, above all78-4
exemptions, double the amount of the bond.78-5
(3) A personal bond secured by a first deed of trust on real property78-6
within this state which is subject to execution and worth, above all78-7
exemptions, double the amount of the bond. When the applicant files the78-8
bond with the division he shall also file a policy of title insurance on the real78-9
property from a title insurance company licensed in this state which states78-10
that the property is free and clear of all encumbrances and liens other than78-11
the first deed of trust. The applicant shall certify under oath that the78-12
property is worth at least twice the amount of the bond and that it is78-13
unencumbered. The certificate must be approved by the division.78-14
The bond must be in the form prescribed by, and to the satisfaction of, the78-15
division, conditioned for the payment of a judgment against the applicant78-16
and arising out of the failure of the applicant or his agent to conduct his78-17
business in accordance with the provisions of this chapter, or for78-18
nonpayment of obligations in connection with the purchase and sale of78-19
livestock or farm products. The bond must provide that the surety company,78-20
if any, will notify the division before the end of the second business day78-21
after any claim or judgment has been made against the bond. The aggregate78-22
liability of any surety to all claimants is limited to the amount of the bond78-23
for each licensing period.78-24
(b) File a copy of the bond required by the United States pursuant to the78-25
provisions of the Packers and Stockyards Act ,78-26
(c) Furnish other security in the amount required by this section which is78-27
acceptable to the division.78-28
2. In lieu of complying with one of the alternatives provided in78-29
subsection 1, the dealer, broker or commission merchant may deliver to the78-30
division the receipt of a bank , credit union or trust company in this state78-31
showing the deposit with that bank , credit union or trust company of cash78-32
or of securities endorsed in blank by the owner thereof and of a market78-33
value equal at least to the required principal amount of the bond. The cash78-34
or securities must be deposited in escrow under an agreement conditioned as78-35
in the case of a bond. Any receipt must be accompanied by evidence that78-36
there are no unsatisfied judgments against the dealer, broker or commission78-37
merchant of record in the county or counties in which he is doing business78-38
or resides. An action for recovery against any such deposit may be brought78-39
in the same manner as in the case of an action for recovery on a bond filed78-40
under the provisions of NRS 576.042.78-41
3. The amount of the bond, other security or deposit must be:78-42
(a) Based on the applicant’s annual volume of purchases, according to a78-43
schedule adopted by the division; and79-1
(b) Not less than $5,000 nor more than $100,000.79-2
4. All bonds must be renewed or continued in accordance with79-3
regulations adopted by the division.79-4
5. Any licensed dealer, broker or commission merchant who knowingly79-5
sells or otherwise encumbers real property which is the security for a bond79-6
under subsection 1, after a policy of title insurance on that property has been79-7
issued and while the bond is in force, is guilty of a gross misdemeanor.79-8
Sec. 134. NRS 598.0966 is hereby amended to read as follows: 598.0966 1. There is hereby created a revolving account for the79-10
consumer affairs division of the department of business and industry in the79-11
sum of $7,500, which must be used for the payment of expenses related to79-12
conducting an undercover investigation of a person who is allegedly79-13
engaging in a deceptive trade practice.79-14
2. The commissioner shall deposit the money in the revolving account79-15
in a bank or credit union qualified to receive deposits of public79-16
money as provided by law, and the deposit must be secured by a depository79-17
bond satisfactory to the state board of examiners.79-18
3. The commissioner or his designee may:79-19
(a) Sign all checks drawn upon the revolving account; and79-20
(b) Make withdrawals of cash from the revolving account.79-21
4. Payments made from the revolving account must be promptly79-22
reimbursed from the legislative appropriation, if any, to the consumer affairs79-23
division for the expenses related to conducting an undercover investigation79-24
of a person who is allegedly engaging in a deceptive trade practice. The79-25
claim for reimbursement must be processed and paid as other claims against79-26
the state are paid.79-27
5. The commissioner shall:79-28
(a) Approve any disbursement from the revolving account; and79-29
(b) Maintain records of any such disbursement.79-30
Sec. 135. NRS 598.2807 is hereby amended to read as follows: 598.2807 1. Each registrant shall deposit with the division:79-32
(a) A bond executed by a corporate surety approved by the commissioner79-33
and licensed to do business in this state;79-34
(b) An irrevocable letter of credit for which the registrant is the obligor,79-35
issued by a bank whose deposits are federally insured; or79-36
(c) A certificate of deposit in a79-37
which is doing business in this state79-38
insured by a private insurer approved pursuant to NRS 678.755. The79-39
certificate of deposit may be withdrawn only on the order of the79-40
commissioner, except that the interest may accrue to the registrant.79-41
2. The term of the bond, letter of credit or certificate of deposit, or any79-42
renewal thereof, must be not less than 1 year.80-1
3. If the registrant deposits a bond, the registrant shall keep accurate80-2
records of the bond and the payments made on the premium. The records80-3
must be open to inspection by the division during business hours. The80-4
registrant shall notify the division not later than 30 days before the date of80-5
expiration of the bond and provide written proof of the renewal of the bond80-6
to the division.80-7
4. The commissioner may reject any bond, letter of credit or certificate80-8
of deposit which fails to conform to the requirements of this chapter.80-9
5. A registrant may change the form of security which he has deposited80-10
with the division. If the registrant changes the form of the security, the80-11
commissioner may retain for not more than 1 year any portion of the80-12
security previously deposited by the registrant as security for claims arising80-13
during the time the previous security was in effect.80-14
6. If the amount of the deposited security falls below the amount80-15
required by this chapter for that security, the registrant shall be deemed not80-16
to be registered as required by NRS 598.2806 for the purposes of this80-17
chapter.80-18
Sec. 136. NRS 598.281 is hereby amended to read as follows: 598.281 As used in NRS 598.281 to 598.289, inclusive, unless the80-20
context otherwise requires:80-21
1. "Buyer" means a natural person who is solicited to purchase or who80-22
purchases the services of an organization which provides credit services.80-23
2. "Commissioner" means the commissioner of consumer affairs.80-24
3. "Division" means the consumer affairs division of the department of80-25
business and industry.80-26
4. "Extension of credit" means the right to defer payment of debt or to80-27
incur debt and defer its payment, offered or granted primarily for personal,80-28
family or household purposes.80-29
5. "Organization":80-30
(a) Means a person who, with respect to the extension of credit by others,80-31
sells, provides or performs, or represents that he can or will sell, provide or80-32
perform, any of the following services, in return for the payment of money80-33
or other valuable consideration:80-34
(1) Improving a buyer’s credit record, history or rating.80-35
(2) Obtaining an extension of credit for a buyer.80-36
(3) Providing counseling or assistance to a person in establishing or80-37
effecting a plan for the payment of his indebtedness, unless such counseling80-38
or assistance is provided by and is within the scope of the authorized80-39
practice of a debt adjuster licensed pursuant to chapter 676 of NRS.80-40
(4) Providing advice or assistance to a buyer with regard to either80-41
subparagraph (1) or (2).80-42
(b) Does not include any of the following:81-1
(1) A person organized, chartered or holding a license or authorization81-2
certificate to make loans or extensions of credit pursuant to the laws of this81-3
state or the United States who is subject to regulation and supervision by an81-4
officer or agency of this state or the United States.81-5
(2) A bank , credit union or savings and loan institution whose81-6
deposits or accounts are eligible for insurance by the Federal Deposit81-7
Insurance Corporation81-8
Fund or a private insurer approved pursuant to NRS 678.755.81-9
(3) A nonprofit organization exempt from taxation under section81-10
501(c)(3) of the Internal Revenue Code.81-11
(4) A person licensed as a real estate broker by this state where the81-12
person is acting within the course and scope of that license.81-13
(5) A person licensed to practice law in this state where the person81-14
renders services within the course and scope of his practice as an attorney at81-15
law, unless the person is rendering such services in the course and scope of81-16
employment by or other affiliation with an organization.81-17
(6) A broker-dealer registered with the Securities and Exchange81-18
Commission or the Commodity Futures Trading Commission where the81-19
broker-dealer is acting within the course and scope of such regulation.81-20
(7) A person licensed as a debt adjuster pursuant to chapter 676 of81-21
NRS.81-22
(8) A reporting agency.81-23
6. "Reporting agency" means a person who, for fees, dues or on a81-24
cooperative nonprofit basis, regularly engages in whole or in part in the81-25
business of assembling or evaluating information regarding the credit of or81-26
other information regarding consumers to furnish consumer reports to third81-27
parties, regardless of the means or facility of commerce used to prepare or81-28
furnish the consumer reports. The term does not include:81-29
(a) A person solely for the reason that he conveys a decision regarding81-30
whether to guarantee a check in response to a request by a third party;81-31
(b) A person who obtains or creates a consumer report and provides the81-32
report or information contained in it to a subsidiary or affiliate; or81-33
(c) A person licensed pursuant to chapter 463 of NRS.81-34
Sec. 137. NRS 598.855 is hereby amended to read as follows: 598.855 1. Before the organization receives any money from any81-36
buyer pursuant to a contract for membership in the organization, it shall81-37
establish a trust account for payments on contracts at a81-38
financial institution81-39
insurer approved pursuant to NRS 678.755. Each payment from a buyer81-40
for his contract for membership except for $50 of the first payment, must be81-41
deposited in the account. During each quarter of the term of a contract or82-1
each 6 months, whichever is shorter , the trustee shall withdraw one quarter82-2
of the buyer’s payments from the account and pay the amount to the82-3
organization.82-4
2. If the organization sells, transfers or assigns the contract with the82-5
buyer to a third party, and the third party gives reasonable consideration for82-6
the contract, the organization shall deposit the consideration in the trust82-7
account. If the third party does not give reasonable consideration for the82-8
contract, the organization shall deposit all payments on the contract from the82-9
buyer in the organization’s trust account for payments on the contract.82-10
Sec. 138. NRS 599B.100 is hereby amended to read as follows: 599B.100 1. An application filed pursuant to NRS 599B.090 must be82-12
accompanied by:82-13
(a) A bond executed by a corporate surety approved by the commissioner82-14
and licensed to do business in this state;82-15
(b) An irrevocable letter of credit issued for the benefit of the applicant82-16
by a bank whose deposits are insured by an agency of the Federal82-17
Government; or82-18
(c) A certificate of deposit in a financial institution insured by an agency82-19
of the Federal Government82-20
pursuant to NRS 678.755. The certificate of deposit may be withdrawn82-21
only on the order of the commissioner, except that the interest may accrue to82-22
the applicant.82-23
2. The amount of the bond, letter of credit or certificate of deposit must82-24
be $50,000, and the bond, letter of credit or certificate of deposit must be82-25
conditioned upon compliance by the applicant with the provisions of this82-26
chapter.82-27
3. The amount of the security required to be filed by the seller may be82-28
increased to not more than $250,000 as part of an assurance of82-29
discontinuance accepted by the attorney general pursuant to NRS 599B.235.82-30
4. If, after a registration certificate is issued, the amount of the bond,82-31
letter of credit or certificate of deposit which secures the registration falls82-32
below the amount that is required by subsection 2 or the amount determined82-33
by the commissioner pursuant to subsection 3, the seller shall be deemed not82-34
to be registered pursuant to this chapter for the purposes of NRS 599B.080.82-35
5. The term of any bond, letter of credit or certificate of deposit, or any82-36
renewal thereof, must not be less than 1 year.82-37
6. The commissioner may reject any bond, letter of credit or certificate82-38
of deposit which fails to conform to the requirements of this section.82-39
7. A seller may change the form of the security. If a seller changes the82-40
form of the security, the commissioner may retain for not more than 1 year82-41
all or a portion of the security previously filed by the seller as security for82-42
claims arising at the time the security was in effect.83-1
8. If no claims have been filed against the bond, letter of credit or83-2
certificate of deposit within 6 months after the registrant ceases to operate83-3
or his registration expires, whichever occurs later, the commissioner shall83-4
release the bond, letter of credit or certificate of deposit to the registrant and83-5
shall not audit any claims filed thereafter by consumers. If one or more83-6
claims have been filed against the bond, letter of credit or certificate of83-7
deposit within 6 months after the registrant ceases to operate or his83-8
registration expires, whichever occurs later, the proceeds must not be83-9
released to the registrant or distributed to any consumer earlier than 1 year83-10
after the registrant ceases to operate or his registration expires, whichever83-11
occurs later. The division shall not audit any claims which are filed pursuant83-12
to NRS 599B.105 more than 1 year after the registrant ceases to operate or83-13
his registration expires, whichever occurs later. For the purposes of this83-14
subsection, the commissioner shall determine the date on which a registrant83-15
ceases to operate.83-16
Sec. 139. NRS 604.120 is hereby amended to read as follows: 604.120 1. In lieu of any surety bond, or any portion of the principal83-18
sum thereof as required by this chapter, a registrant may deposit with the83-19
state treasurer or with any bank , credit union or trust company authorized83-20
to do business in this state as the registrant may select, with the approval of83-21
the commissioner:83-22
(a) Interest-bearing stocks;83-23
(b) Bills, bonds, notes, debentures or other obligations of the United83-24
States or any agency or instrumentality thereof, or guaranteed by the United83-25
States; or83-26
(c) Any obligation of this state or any city, county, town, township,83-27
school district or other instrumentality of this state or guaranteed by this83-28
state,83-29
in an aggregate amount of, based upon principal amount or market value,83-30
whichever is lower, of not less than the amount of the required surety bond83-31
or portion thereof.83-32
2. The securities must be held to secure the same obligation as would83-33
the surety bond, but the depositor may receive any interest or dividends and,83-34
with the approval of the commissioner, substitute other suitable securities83-35
for those deposited.83-36
Sec. 140. NRS 607.170 is hereby amended to read as follows: 607.170 1. When the labor commissioner deems it necessary, he may83-38
take an assignment of a claim for wages and commissions and prosecute an83-39
action for collection of wages, commissions and other demands of any83-40
person who is financially unable to employ counsel in a case in which, in the83-41
judgment of the labor commissioner, the claim for wages or commissions is83-42
valid and enforceable in the courts.84-1
2. In all matters relating to wages or commissions and before taking any84-2
assignment, the labor commissioner may summon to appear before him, at a84-3
suitable place in the county of the claimant, his employer and all other84-4
necessary persons for the purpose of adjusting and settling claims for wages84-5
or commissions before bringing suit therefor, and the labor commissioner84-6
may effect reasonable compromises of those claims.84-7
3. The labor commissioner or his deputy may maintain a commercial84-8
account with any bank or credit union within84-9
of money collected for claims for wages or commissions. The money must84-10
be promptly paid to the person entitled thereto. At the end of each calendar84-11
year, any unclaimed money in the commercial account which has been a84-12
part of the account for 5 years or more is presumed abandoned under NRS84-13
120A.220.84-14
Sec. 141. NRS 608.120 is hereby amended to read as follows: 608.120 The payment of wages or compensation must be made in84-16
lawful money of the United States or by a good and valuable negotiable84-17
check or draft drawn only to the order of the employee unless:84-18
1. The employee has agreed in writing to some other disposition of his84-19
wages; or84-20
2. The employer has been directed to make some other disposition of84-21
the employee’s wages by:84-22
(a) A court of competent jurisdiction; or84-23
(b) An agency of federal, state or local government with jurisdiction to84-24
issue such directives.84-25
Such checks or drafts must be payable on presentation thereof at some bank84-26
, credit union or established place of business without discount in lawful84-27
money of the United States. They must be payable at the place designated in84-28
the notice prescribed in NRS 608.080.84-29
Sec. 142. NRS 608.130 is hereby amended to read as follows: 608.130 1. A person engaged in any business or enterprise of any84-31
kind in this state shall not issue, in payment of, or as evidence of, any84-32
indebtedness for wages due an employee, any order, check, memorandum or84-33
other acknowledgment of indebtedness unless it is a negotiable instrument84-34
payable without discount, in cash on demand, at some bank , credit union or84-35
other established place of business but this subsection does not limit or84-36
interfere with the right of any employee, by agreement, to accept from any84-37
such person, as an evidence or acknowledgment of indebtedness for wages84-38
due him, a negotiable instrument payable at some future date with interest.84-39
2. In the event of nonpayment when due of any negotiable instrument84-40
issued in payment of wages, the holder in due course of the instrument84-41
succeeds and has the same rights, priorities and preferences with respect to85-1
payment thereof, and stands in the same position, as the payee of the85-2
instrument with respect to a claim for wages unpaid when due, in addition to85-3
any other remedy available to the holder in due course provided by law.85-4
3. An employer who knowingly issues to an employee a negotiable85-5
instrument in payment of wages for which there is insufficient money,85-6
property or credit with the drawee of the instrument to pay it in full upon85-7
presentation shall reimburse the employee for any penalty or charge85-8
incurred by him arising from his reliance on the validity of the instrument.85-9
Sec. 143. NRS 611.070 is hereby amended to read as follows: 611.070 1. Before a license is issued, the applicant shall deposit with85-11
the labor commissioner a bond, approved by the labor commissioner, in the85-12
sum of $1,000 with two or more sureties or an authorized surety company as85-13
surety. A notice of 30 days must be given to the labor commissioner before85-14
cancellation of the bond.85-15
2. The bond must be conditioned so that the suspension, revocation,85-16
surrender or expiration of the license to operate the employment agency85-17
does not affect the coverage of the bond as to a claim arising out of acts that85-18
occurred before the date of the suspension, revocation, surrender or85-19
expiration of the license.85-20
3. In lieu of a bond an applicant may deposit with the labor85-21
commissioner:85-22
(a) An amount of money or bonds of the United States or of the State of85-23
Nevada of an actual market value not less than the amount fixed by the85-24
labor commissioner; or85-25
(b) A savings certificate of a bank , credit union or savings and loan85-26
association situated in Nevada, which indicates an account containing an85-27
amount equal to the amount of the bond which would otherwise be required85-28
by this section and that this amount is unavailable for withdrawal except85-29
upon order of the labor commissioner. Interest earned on this amount85-30
accrues to the account of the applicant.85-31
4. The labor commissioner may at any time require the licensee to file a85-32
new or supplementary bond, or a deposit in lieu thereof, in a form and85-33
amount of not more than $5,000 to conform to the provisions of this section85-34
if the labor commissioner deems the initial deposit or surety of the initial85-35
bond to be unsatisfactory or the amount of the deposit or bond to have85-36
become insufficient to satisfy all claims, accrued or contingent, against the85-37
licensee.85-38
5. Any money received in lieu of a bond must be deposited with the85-39
state treasurer for credit to the labor commissioner’s account for bonds,85-40
which is hereby created in the state agency fund for bonds. The deposit must85-41
not be released for a period of 90 days following the date of suspension,85-42
revocation, surrender or expiration of the license.86-1
Sec. 144. NRS 611.135 is hereby amended to read as follows: 611.135 1. The labor commissioner may accept assignments of claims86-3
arising under NRS 611.020 to 611.320, inclusive, against employment86-4
agencies.86-5
2. The labor commissioner may maintain a commercial account with86-6
any bank or credit union within86-7
86-8
86-9
thereto. At the end of each calendar year, any unclaimed86-10
the commercial account which86-11
for 7 years or more86-12
the state general fund.86-13
Sec. 145. NRS 612.590 is hereby amended to read as follows: 612.590 1. The state treasurer shall:86-15
(a) Be the treasurer and custodian of the fund.86-16
(b) Administer the fund in accordance with the directions of the86-17
administrator.86-18
(c) Issue his warrants upon it in accordance with such regulations as the86-19
administrator prescribes.86-20
2. The state treasurer shall maintain within the fund three separate86-21
accounts:86-22
(a) A clearing account.86-23
(b) An unemployment trust fund account.86-24
(c) A benefit account.86-25
3. All money payable to the fund, upon receipt thereof by the86-26
administrator, must be forwarded to the state treasurer, who shall86-27
immediately deposit it in the clearing account.86-28
4. Refunds payable pursuant to NRS 612.655 may be paid from the86-29
clearing account or from the benefit account upon warrants issued by the86-30
state treasurer under the direction of the administrator.86-31
5. After clearance thereof, all other money in the clearing account must86-32
be immediately deposited with the Secretary of the Treasury to the credit of86-33
the account of this state in the unemployment trust fund established and86-34
maintained pursuant to Section 904 of the Social Security Act, as amended ,86-35
86-36
deposit, administration, release or disbursement of money in the possession86-37
or custody of this state to the contrary notwithstanding.86-38
6. The benefit account consists of all money requisitioned from this86-39
state’s account in the unemployment trust fund.86-40
7. Except as herein otherwise provided, money in the clearing and86-41
benefit accounts may be deposited by the state treasurer, under the direction86-42
of the administrator, in any bank , credit union or public depositary in87-1
which general money of the state may be deposited, but no public deposit87-2
insurance charge or premium may be paid out of the fund.87-3
8. Money in the clearing and benefit accounts must not be commingled87-4
with other state money, but must be maintained in a separate account on the87-5
books of the depositary. Money in the clearing and benefit accounts must be87-6
secured by the bank , credit union or public depositary to the same extent87-7
and in the same manner as required by the general depositary laws of the87-8
State of Nevada, and collateral pledged must be maintained in a separate87-9
custody account.87-10
Sec. 146. NRS 615.255 is hereby amended to read as follows: 615.255 1. There is hereby created the vocational rehabilitation87-12
revolving account in the amount of $35,000 to be used for the payment of87-13
claims of applicants for or recipients of services from the bureau and87-14
vendors providing services to those applicants or recipients under87-15
procedures established by the bureau.87-16
2. Upon written request from the chief, the state controller shall draw87-17
his warrant from money already appropriated in favor of the chief in the87-18
sum of $35,000. When the warrant is paid, the chief shall deposit the87-19
$35,000 in a bank or credit union qualified to receive deposits of public87-20
money. The bank or credit union must secure the deposit with a depository87-21
bond satisfactory to the state board of examiners, unless it is otherwise87-22
secured by the Federal Deposit Insurance Corporation87-23
Credit Union Share Insurance Fund or a private insurer approved87-24
pursuant to NRS 678.755.87-25
3. After expenditure of money from the revolving account, the chief87-26
shall present a claim to the state board of examiners. When approved by the87-27
state board of examiners, the state controller shall draw his warrant in the87-28
amount of the claim in favor of the vocational rehabilitation revolving87-29
account, to be paid to the order of the chief, and the state treasurer shall pay87-30
it.87-31
4. Money in the vocational rehabilitation revolving account does not87-32
revert to the state general fund at the end of the fiscal year, but remains in87-33
the revolving account.87-34
5. Purchases paid for from the vocational rehabilitation revolving87-35
account for the purposes authorized by subsection 1 may be exempt from87-36
the provisions of the State Purchasing Act at the discretion of the chief of87-37
the purchasing division of the department of administration or his87-38
designated representative.87-39
Sec. 147. NRS 616B.056 is hereby amended to read as follows: 616B.056 The manager shall:87-41
1. Approve annual and biennial budgets of the system.87-42
2. Approve investment policies of the system.88-1
3. Approve the appointment of investment counselors and custodians of88-2
investments.88-3
4. Approve the designation of banks and credit unions as collection88-4
depositories.88-5
5. Approve the appointment of an independent actuary and arrange for88-6
an annual actuarial valuation and report of the soundness of the system and88-7
the state insurance fund as prepared by the independent actuary.88-8
6. Appoint an independent certified accountant who shall provide an88-9
annual audit of the state insurance fund and report to the manager.88-10
7. Before each legislative session, report to the legislature on the88-11
operation of the system and any recommendation for legislation which he88-12
deems appropriate.88-13
Sec. 148. NRS 616B.107 is hereby amended to read as follows: 616B.107 1. No person engaged in business as a broker or dealer in88-15
securities or who has a direct pecuniary interest in any such business who88-16
receives commissions for transactions performed as an agent for the system88-17
is eligible for employment as investment counsel for the system.88-18
2. The manager shall not engage investment counsel unless:88-19
(a) The principal business of the person selected by the manager consists88-20
of rendering investment supervisory services, that is, the giving of88-21
continuous advice as to the investment of money on the basis of the88-22
individual needs of each client;88-23
(b) The person and his predecessors have been continuously engaged in88-24
such business for a period of 3 or more years, and, if a firm or corporation,88-25
the senior management personnel of the firm or corporation have an average88-26
of 10 years professional experience as investment managers;88-27
(c) The person as of the time originally hired, has at least $250,000,00088-28
of assets under management contract, exclusive of any assets related to88-29
governmental agencies in this state;88-30
(d) The person is registered as an investment adviser under the laws of88-31
the United States as from time to time in effect, or is a bank or an88-32
investment management subsidiary of a bank;88-33
(e) The contract between the system and the investment counsel is of no88-34
specific duration and is voidable at any time by either party; and88-35
(f) The person has been approved by the state board of finance for88-36
employment as investment counsel.88-37
3. More than one investment counsel may be employed in the discretion88-38
of the manager.88-39
4. The expense of such employment must be paid from the state88-40
insurance fund.88-41
5. Any investment program adopted by the system and all investments88-42
made thereunder must be reported quarterly in writing by the manager to the88-43
state board of finance, and the report is subject to review by the state board89-1
of finance. The state board of finance may require the manager to provide89-2
further reports and may recommend modifications in the investment89-3
program, including replacement of the investment counsel. If, after a89-4
reasonable time, the manager has not taken suitable corrective action in89-5
response to recommendations by the state board of finance, the state board89-6
of finance may direct the manager to carry out its recommendations in a89-7
manner acceptable to the state board of finance. Any directives from the89-8
state board of finance must be in writing.89-9
6. With the approval of the state board of finance, the manager may89-10
designate89-11
have89-12
to 616B.164, inclusive.89-13
7. The system may accept due bills from brokers upon delivery of89-14
warrants if the certificates representing the investments are not readily89-15
available.89-16
Sec. 149. NRS 616B.149 is hereby amended to read as follows: 616B.149 The manager may invest and reinvest the money in the funds89-18
of the system in:89-19
1. Negotiable instruments as they are set forth in the Uniform89-20
Commercial Code—Negotiable Instruments, NRS 104.3101 et seq. Eligible89-21
negotiable instruments may not exceed 180 days’ maturity and must be of89-22
prime quality as defined by a nationally recognized organization which rates89-23
such securities. It is further limited to issuing corporations with net worth in89-24
excess of $50 million which are incorporated under the laws of the United89-25
States or any state thereof or the District of Columbia.89-26
2. Collective or part interest in negotiable instruments held by national89-27
banks and issued by companies whose negotiable instruments meet the89-28
requirements prescribed in subsection 1.89-29
3. Bankers’ acceptances of the kind and maturities made eligible by law89-30
for rediscount with Federal Reserve Banks, and generally accepted by banks89-31
or trust companies which are members of the Federal Reserve System.89-32
4. Time certificates of deposit issued by commercial banks , insured89-33
credit unions or insured savings and loan associations.89-34
5. Savings accounts in state banks, located in and organized under the89-35
laws of this state, or national banks.89-36
6. Savings accounts in insured credit unions or insured savings and89-37
loan associations located in or organized under the laws of this state.89-38
Sec. 150. NRS 616B.254 is hereby amended to read as follows: 616B.254 1. As used in this section, "person" includes this state and89-40
any county, municipality, district or other political subdivision thereof.89-41
2. If any employer is delinquent in the payment of the amount of any89-42
premium, penalty or interest required by chapters 616A to 616D, inclusive,89-43
or chapter 617 of NRS or a determination has been made against him which90-1
remains unpaid, the manager may, not later than 3 years after the payment90-2
became delinquent or within 6 years after the recording of a judgment90-3
pursuant to NRS 616B.266, give notice of the amount of the delinquency90-4
personally or by registered or certified mail to any person having in his90-5
possession or under his control any money, credits or other personal90-6
property belonging to the delinquent employer or owing any debts to the90-7
delinquent employer at the time of the receipt of the registered or certified90-8
notice. In the case of any state officer, department or agency, the notice90-9
must be given to the officer, department or agency before it presents the90-10
claim of the delinquent employer to the state controller.90-11
3. A state officer, department or agency which receives such a notice90-12
may satisfy any debt owed to it by that person before it honors the90-13
manager’s notice.90-14
4. After receiving the notice, a person so notified may not transfer or90-15
otherwise dispose of the money, credits, other personal property or debts in90-16
his possession or under his control at the time he received the notice until90-17
the manager consents to a transfer or other disposition in writing, or until 3090-18
days after the receipt of the notice, whichever period expires earlier.90-19
5. A person so notified shall, within 5 days after receipt of the notice,90-20
inform the manager of all money, credits, other personal property or debts90-21
belonging to the delinquent employer in his possession, under his control or90-22
owing by him.90-23
6. If the notice seeks to prevent the transfer or other disposition of a90-24
deposit in a bank or credit union or other credits or personal property in the90-25
possession or under the control of a bank90-26
be delivered or mailed to the branch or office of the bank or credit union at90-27
which the deposit is carried or at which the credits or personal property is90-28
held.90-29
7. If, during the effective period of the notice to withhold, any person so90-30
notified makes any transfer or other disposition of the property or debts90-31
required to be withheld, to the extent of the value of the property or the90-32
amount of the debts thus transferred or paid, he is liable to the state for any90-33
indebtedness due pursuant to chapters 616A to 616D, inclusive, or chapter90-34
617 of NRS from the person with respect to whose obligation the notice was90-35
given if solely by reason of the transfer or other disposition the state is90-36
unable to recover the indebtedness of the person with respect to whose90-37
obligation the notice was given.90-38
8. Upon the demand of the manager, the person shall remit or deliver to90-39
the manager the money, credit or other personal property up to the amount90-40
owed by the delinquent employer.91-1
Sec. 151. NRS 616B.368 is hereby amended to read as follows: 616B.368 1. The board of trustees of an association of self-insured91-3
public or private employers is responsible for the money collected and91-4
disbursed by the association.91-5
2. The board of trustees shall:91-6
(a) Establish a claims account in a91-7
in this state which is approved by the commissioner91-8
federally insured or insured by a private insurer approved pursuant to91-9
NRS 678.755. Except as otherwise provided in subsection 3, at least 7591-10
percent of the annual assessment collected by the association from its91-11
members must be deposited in this account to pay:91-12
(1) Claims;91-13
(2) Expenses related to those claims;91-14
(3) The costs associated with the association’s policy of excess91-15
insurance; and91-16
(4) Assessments, payments and penalties related to the subsequent91-17
injury fund and the uninsured employers’ claim fund.91-18
(b) Establish an administrative account in a91-19
institution in this state which is approved by the commissioner91-20
which is federally insured or insured by a private insurer approved91-21
pursuant to NRS 678.755. The amount of the annual assessment collected91-22
by the association that is not deposited in its claims account must be91-23
deposited in this account to pay the administrative expenses of the91-24
association.91-25
3. The commissioner may authorize an association to deposit less than91-26
75 percent of its annual assessment in its claims account if the association91-27
presents evidence to the satisfaction of the commissioner that:91-28
(a) More than 25 percent of the association’s annual assessment is91-29
needed to maintain its programs for loss control and occupational safety;91-30
and91-31
(b) The association’s policy of excess insurance attaches at less than 7591-32
percent.91-33
4. The board of trustees may invest the money of the association not91-34
needed to pay the obligations of the association pursuant to chapter 682A of91-35
NRS.91-36
5. The commissioner shall review the accounts of an association91-37
established pursuant to this section at such times as he deems necessary to91-38
ensure compliance with the provisions of this section.91-39
Sec. 152. NRS 623.160 is hereby amended to read as follows: 623.160 Except as otherwise provided in NRS 623.190, all fees91-41
provided for by the provisions of this chapter must be paid to and receipted91-42
for by the secretary of the board, who shall deposit the fees in banks or92-1
credit unions in the State of Nevada or institutions in this state whose92-2
business is the making of investments. Fees so deposited may be drawn92-3
against only for the purposes of this chapter.92-4
Sec. 153. NRS 623A.150 is hereby amended to read as follows: 623A.150 1. All money coming into the possession of the board must92-6
be kept or deposited by the executive director in banks , credit unions or92-7
savings and loan associations in the State of Nevada.92-8
2. Except as otherwise provided in subsection 6, all money collected by92-9
the board must be used to pay the expenses of examinations, expenses of the92-10
issuance of certificates and expenses to conduct the business of the board.92-11
3. The expenses, including the per diem allowances and travel expenses92-12
of the members and employees of the board while engaged in the business92-13
of the board and the expenses to conduct examinations, must be paid from92-14
the current receipts. No portion thereof may be paid from the state treasury.92-15
4. Any balance remaining in excess of the expenses incurred may be92-16
retained by the board and used to defray the future expenses of the board.92-17
5. The board may delegate to a hearing officer or panel its authority to92-18
take any disciplinary action pursuant to this chapter, impose and collect92-19
fines and penalties therefor and deposit the money therefrom in banks ,92-20
credit unions or savings and loan associations in this state.92-21
6. If a hearing officer or panel is not authorized to take disciplinary92-22
action pursuant to subsection 5 and the board deposits the money collected92-23
from the imposition of fines with the state treasurer for credit to the state92-24
general fund, it may present a claim to the state board of examiners for92-25
recommendation to the interim finance committee if money is needed to pay92-26
attorney’s fees or the costs of an investigation, or both.92-27
Sec. 154. NRS 624.140 is hereby amended to read as follows: 624.140 1. Except as otherwise provided in subsection 3, if money92-29
becomes available from the operations of this chapter and payments made92-30
for licenses, the board may pay from that money:92-31
(a) The expenses of the operations of this chapter, including the92-32
maintenance of offices.92-33
(b) The salary of the executive officer who must be named by the board.92-34
(c) A salary to each member of the board of not more than $80 per day,92-35
as fixed by the board, while engaged in the business of the board.92-36
(d) A per diem allowance and travel expenses for each member and92-37
employee of the board at a rate fixed by the board, while engaged in the92-38
business of the board. The rate must not exceed the rate provided for state92-39
officers and employees generally.92-40
2. The board may delegate to a hearing officer or panel its authority to92-41
take any disciplinary action pursuant to this chapter, impose and collect92-42
fines therefor and deposit the money therefrom in banks , credit unions or92-43
savings and loan associations in this state.93-1
3. If a hearing officer or panel is not authorized to take disciplinary93-2
action pursuant to subsection 2 and the board deposits the money collected93-3
from the imposition of fines with the state treasurer for credit to the state93-4
general fund, it may present a claim to the state board of examiners for93-5
recommendation to the interim finance committee if money is needed to pay93-6
attorney’s fees or the costs of an investigation, or both.93-7
Sec. 155. NRS 624.150 is hereby amended to read as follows: 624.150 1. The board shall elect one of its members as treasurer.93-9
2. All93-10
treasurer who shall keep books of account and who is authorized to deposit93-11
the93-12
in the State of Nevada, and to expend93-13
necessary for the operation of the board under the terms of this chapter93-14
when the expenses have been approved by the board.93-15
3. All balances at any time in the possession of the treasurer shall be93-16
subject to legislative disposition.93-17
Sec. 156. NRS 625.150 is hereby amended to read as follows: 625.150 1. The board shall deposit in banks , credit unions and93-19
savings and loan associations in the State of Nevada all money collected by93-20
it.93-21
2. Except as otherwise provided in subsection 6, all money collected by93-22
the board must be used to meet the expenses of conducting examinations,93-23
issuing licenses and conducting the office of the board.93-24
3. The expenses of the board, including the per diem allowances and93-25
travel expenses of the members and employees of the board while engaged93-26
in the business of the board and the expenses of conducting examinations,93-27
must be paid from the current receipts. No portion thereof may be paid from93-28
the state treasury.93-29
4. Any balance remaining in excess of the expenses incurred may be93-30
retained by the board and used in defraying the future expenses thereof.93-31
5. The board may delegate to a hearing officer or panel its authority to93-32
take any disciplinary action pursuant to this chapter, impose and collect93-33
fines and penalties therefor and deposit the money therefrom in banks ,93-34
credit unions or savings and loan associations in this state.93-35
6. If a hearing officer or panel is not authorized to take disciplinary93-36
action pursuant to subsection 5 and the board deposits the money collected93-37
from the imposition of fines with the state treasurer for credit to the state93-38
general fund, it may present a claim to the state board of examiners for93-39
recommendation to the interim finance committee if money is needed to pay93-40
attorney’s fees or the costs of an investigation, or both.93-41
7. The board shall consider and take appropriate action concerning a93-42
written notification received by the board pursuant to NRS 278.587 or93-43
338.176.94-1
Sec. 157. NRS 625A.060 is hereby amended to read as follows: 625A.060 1. The secretary of the board shall receive and account for94-3
all money paid to the board and deposit it in banks , credit unions and94-4
savings and loan associations in this state.94-5
2. The compensation and expenses of the members and employees of94-6
the board and the expenses of administering the provisions of this chapter94-7
must be paid from the fees received by the board upon approval by the94-8
board.94-9
Sec. 158. NRS 628.140 is hereby amended to read as follows: 628.140 1. Except as otherwise provided in subsection 3, all fees and94-11
other money received by the board pursuant to the provisions of this chapter94-12
must be deposited in banks , credit unions or savings and loan associations94-13
in the State of Nevada and expended solely for the purposes of this chapter.94-14
The money so deposited does not revert to the state general fund. The94-15
compensation provided for by this chapter and all expenses incurred under94-16
this chapter must be paid from this money. No compensation or expenses94-17
incurred under this chapter may be charged against the state general fund.94-18
2. The board may delegate to a hearing officer or panel its authority to94-19
take any disciplinary action pursuant to this chapter, impose and collect civil94-20
penalties, court costs and attorney’s fees therefor and deposit the money94-21
therefrom in banks , credit unions or savings and loan associations in this94-22
state.94-23
3. If a hearing officer or panel is not authorized to take disciplinary94-24
action pursuant to subsection 2 and the board deposits the money collected94-25
from the imposition of civil penalties, court costs and attorney’s fees with94-26
the state treasurer for credit to the state general fund, it may present a claim94-27
to the state board of examiners for recommendation to the interim finance94-28
committee if money is needed to pay attorney’s fees or the costs of an94-29
investigation, or both.94-30
Sec. 159. NRS 630.110 is hereby amended to read as follows: 630.110 1. Out of the money coming into the possession of the board,94-32
each member and advisory member of the board is entitled to receive:94-33
(a) A salary of not more than $80 per day, as fixed by the board, while94-34
engaged in the business of the board; and94-35
(b) A per diem allowance and travel expenses at a rate fixed by the94-36
board, while engaged in the business of the board. The rate must not exceed94-37
the rate provided for state officers and employees generally.94-38
2. While engaged in the business of the board, each employee of the94-39
board is entitled to receive a per diem allowance and travel expenses at a94-40
rate fixed by the board. The rate must not exceed the rate provided for state94-41
officers and employees generally.95-1
3. Expenses of the board and the expenses and salaries of its members95-2
and employees must be paid from the fees received by the board pursuant to95-3
the provisions of this chapter, and no part of the salaries or expenses of the95-4
board may be paid out of the state general fund or from the penalties95-5
imposed by the board pursuant to this chapter.95-6
4. All money received by the board from:95-7
(a) Fees must be deposited in financial institutions in this state95-8
that are federally insured95-9
NRS 678.755, invested in treasury bills or notes of the United States,95-10
deposited in institutions in this state whose business is the making of95-11
investments , or invested as authorized by NRS 355.140.95-12
(b) Penalties must be deposited with the state treasurer for credit to the95-13
state general fund.95-14
Sec. 160. NRS 630A.160 is hereby amended to read as follows: 630A.160 1. Out of the money coming into the possession of the95-16
board, each member of the board is entitled to receive:95-17
(a) A salary of not more than $80 per day, as fixed by the board, while95-18
engaged in the business of the board; and95-19
(b) A per diem allowance and travel expenses at a rate fixed by the95-20
board, while engaged in the business of the board. The rate must not exceed95-21
the rate provided for state officers and employees generally.95-22
2. While engaged in the business of the board, each employee of the95-23
board is entitled to receive a per diem allowance and travel expenses at a95-24
rate fixed by the board. The rate must not exceed the rate provided for state95-25
officers and employees generally.95-26
3. Expenses of the board and the expenses and salaries of the members95-27
and employees of the board must be paid from the fees received by the95-28
board pursuant to the provisions of this chapter. Except as otherwise95-29
provided in subsection 6, no part of the salaries or expenses of the members95-30
of the board may be paid out of the state general fund.95-31
4. All money received by the board must be deposited in financial95-32
institutions in this state95-33
private insurer approved pursuant to NRS 678.755.95-34
5. The board may delegate to a hearing officer or panel its authority to95-35
take any disciplinary action pursuant to this chapter, impose and collect95-36
administrative fines, court costs and attorney’s fees therefor and deposit the95-37
money therefrom in financial institutions in this state95-38
federally insured95-39
NRS 678.755.95-40
6. If a hearing officer or panel is not authorized to take disciplinary95-41
action pursuant to subsection 5, the board shall deposit the money collected95-42
from the imposition of administrative fines, court costs and attorney’s fees95-43
with the state treasurer for credit to the state general fund. The board may96-1
present a claim to the state board of examiners for recommendation to the96-2
interim finance committee if money is needed to pay attorney’s fees or the96-3
costs of an investigation, or both.96-4
Sec. 161. NRS 631.180 is hereby amended to read as follows: 631.180 1. Each member of the board is entitled to receive:96-6
(a) A salary of not more than $80 per day as fixed by the board, while96-7
engaged in the business of the board; and96-8
(b) A per diem allowance and travel expenses at a rate fixed by the96-9
board, while engaged in the business of the board. The rate must not exceed96-10
the rate provided for state officers and employees generally.96-11
2. While engaged in the business of the board, each employee of the96-12
board is entitled to receive a per diem allowance and travel expenses at a96-13
rate fixed by the board. The rate must not exceed the rate provided for state96-14
officers and employees generally.96-15
3. The board shall deposit in banks , credit unions or savings and loan96-16
associations in this state all fees which it receives.96-17
4. All expenses of the board must be paid from the fees received by the96-18
board, and no part thereof may be paid from the state general fund.96-19
Sec. 162. NRS 631.350 is hereby amended to read as follows: 631.350 1. Except as otherwise provided in NRS 631.347, the board96-21
may:96-22
(a) Refuse to issue a license to any person;96-23
(b) Revoke or suspend the license or renewal certificate issued by it to96-24
any person;96-25
(c) Fine a person it has licensed;96-26
(d) Place a person on probation for a specified period on any conditions96-27
the board may order;96-28
(e) Issue a public reprimand to a person;96-29
(f) Limit a person’s practice to certain branches of dentistry;96-30
(g) Require a person to participate in a program to correct alcohol or96-31
drug abuse or any other impairment;96-32
(h) Require that a person’s practice be supervised;96-33
(i) Require a person to perform public service without compensation;96-34
(j) Require a person to take a physical or mental examination or an96-35
examination of his competence;96-36
(k) Require a person to fulfill certain training or educational96-37
requirements; or96-38
(l) Any combination thereof,96-39
upon proof satisfactory to the board that the person has engaged in any of96-40
the activities listed in subsection 2.96-41
2. The following activities may be punished as provided in subsection96-42
1:96-43
(a) Engaging in the illegal practice of dentistry or dental hygiene;97-1
(b) Engaging in unprofessional conduct; or97-2
(c) Violating any regulations adopted by the board or the provisions of97-3
this chapter.97-4
3. The board may delegate to a hearing officer or panel its authority to97-5
take any disciplinary action pursuant to this chapter, impose and collect97-6
fines therefor and deposit the money therefrom in banks , credit unions or97-7
savings and loan associations in this state.97-8
4. If a hearing officer or panel is not authorized to take disciplinary97-9
action pursuant to subsection 3 and the board deposits the money collected97-10
from the imposition of fines with the state treasurer for credit to the state97-11
general fund, it may present a claim to the state board of examiners for97-12
recommendation to the interim finance committee if money is needed to pay97-13
attorney’s fees or the costs of an investigation, or both.97-14
Sec. 163. NRS 632.090 is hereby amended to read as follows: 632.090 1. Except as otherwise provided in subsection 3, all money97-16
received by the board under the provisions of this chapter must be paid to97-17
the executive director of the board, who shall deposit the money in banks ,97-18
credit unions or savings and loan associations in the State of Nevada. The97-19
money may be drawn on by the board for payment of all expenses incurred97-20
in the administration of the provisions of this chapter.97-21
2. The board may delegate to a hearing officer or panel its authority to97-22
take any disciplinary action pursuant to this chapter, impose and collect97-23
fines and penalties therefor and deposit the money therefrom in banks ,97-24
credit unions or savings and loan associations in this state.97-25
3. If a hearing officer or panel is not authorized to take disciplinary97-26
action pursuant to subsection 2 and the board deposits the money collected97-27
from the imposition of fines with the state treasurer for credit to the state97-28
general fund, it may present a claim to the state board of examiners for97-29
recommendation to the interim finance committee if money is needed to pay97-30
attorney’s fees or the costs of an investigation, or both.97-31
Sec. 164. NRS 633.261 is hereby amended to read as follows: 633.261 1. All reasonable expenses incurred by the board in carrying97-33
out the provisions of this chapter shall be paid from the fees which it97-34
receives, and no part of the salaries or expenses of the board may be paid97-35
out of the general fund of the state treasury.97-36
2. All money received by the board shall be deposited in banks , credit97-37
unions or savings and loan associations in this state and shall be paid out on97-38
its order for its expenses.97-39
Sec. 165. NRS 634.050 is hereby amended to read as follows: 634.050 1. Except as otherwise provided in subsection 3, all money97-41
collected by the board must be deposited in banks , credit unions or savings97-42
and loan associations in the State of Nevada, and must be used by the board97-43
to defray its legitimate expenses.98-1
2. The board may delegate to a hearing officer or panel its authority to98-2
take any disciplinary action pursuant to this chapter, impose and collect98-3
fines therefor and deposit the money therefrom in banks , credit unions or98-4
savings and loan associations in this state.98-5
3. If a hearing officer or panel is not authorized to take disciplinary98-6
action pursuant to subsection 2 and the board deposits the money collected98-7
from the imposition of fines with the state treasurer for credit to the state98-8
general fund, it may present a claim to the state board of examiners for98-9
recommendation to the interim finance committee if money is needed to pay98-10
attorney’s fees or the costs of an investigation, or both.98-11
Sec. 166. NRS 635.040 is hereby amended to read as follows: 635.040 1. All fees provided for in this chapter must be paid to the98-13
treasurer of the board, who shall deposit the fees in banks , credit unions or98-14
savings and loan associations in this state. All of the salaries and expenses98-15
for the operation of the board must be paid from the fees.98-16
2. The board shall deposit the money collected from the imposition of98-17
civil penalties with the state treasurer for credit to the state general fund,98-18
and may present a claim to the state board of examiners for recommendation98-19
to the interim finance committee if money is needed to pay attorneys’ fees98-20
or the costs of an investigation, or both.98-21
Sec. 167. NRS 636.110 is hereby amended to read as follows: 636.110 1. Except as otherwise provided in subsection 3, all money98-23
coming into possession of the board must be deposited by the executive98-24
director in a special fund to be expended for payment of compensation and98-25
expenses of members of the board and for other necessary or proper98-26
purposes in the administration of this chapter. The executive director shall98-27
deposit the money in banks , credit unions or savings and loan associations98-28
in this state.98-29
2. The board may delegate to a hearing officer or panel its authority to98-30
take any disciplinary action pursuant to this chapter, impose and collect98-31
administrative fines and penalties therefor and forward the money therefrom98-32
to the executive director for deposit in banks , credit unions or savings and98-33
loan associations in this state.98-34
3. If a hearing officer or panel is not authorized to take disciplinary98-35
action pursuant to subsection 2 and the board deposits the money collected98-36
from the imposition of administrative fines and penalties with the state98-37
treasurer for credit to the state general fund, it may present a claim to the98-38
state board of examiners for recommendation to the interim finance98-39
committee if money is needed to pay attorney’s fees or the costs of an98-40
investigation, or both.98-41
Sec. 168. NRS 637.060 is hereby amended to read as follows: 637.060 1. Except as otherwise provided in subsection 3, all money98-43
received by the board under the provisions of this chapter must be deposited99-1
in banks , credit unions or savings and loan associations in the State of99-2
Nevada. The money may be drawn on by the board for payment of all99-3
expenses incurred in the administration of the provisions of this chapter.99-4
2. The board may delegate to a hearing officer or panel its authority to99-5
take any disciplinary action pursuant to this chapter, impose and collect99-6
administrative fines therefor and deposit the money therefrom in banks ,99-7
credit unions or savings and loan associations in this state.99-8
3. If a hearing officer or panel is not authorized to take disciplinary99-9
action pursuant to subsection 2 and the board deposits the money collected99-10
from the imposition of administrative fines with the state treasurer for credit99-11
to the state general fund, it may present a claim to the state board of99-12
examiners for recommendation to the interim finance committee if money is99-13
needed to pay attorney’s fees or the costs of an investigation, or both.99-14
Sec. 169. NRS 637A.080 is hereby amended to read as follows: 637A.080 1. All fees provided for in this chapter must be paid to the99-16
board.99-17
2. Except as otherwise provided in subsection 4, all money coming into99-18
the possession of the board must be kept or deposited by the secretary in99-19
banks, credit unions, savings and loan associations or other financial99-20
institutions in this state to be expended for the payment of the salaries and99-21
expenses of the members and employees of the board and for other99-22
necessary or proper purposes in the administration of this chapter.99-23
3. The board may delegate to a hearing officer or panel its authority to99-24
take any disciplinary action pursuant to this chapter, impose and collect99-25
penalties therefor and deposit the money therefrom in banks, credit unions,99-26
savings and loan associations or other financial institutions in this state.99-27
4. If a hearing officer or panel is not authorized to take disciplinary99-28
action pursuant to subsection 3 and the board deposits the money collected99-29
from the imposition of penalties with the state treasurer for credit to the99-30
state general fund, it may present a claim to the state board of examiners for99-31
recommendation to the interim finance committee if money is needed to pay99-32
attorney’s fees or the costs of an investigation, or both.99-33
Sec. 170. NRS 637B.240 is hereby amended to read as follows: 637B.240 1. All fees collected under the provisions of this chapter99-35
must be paid to the secretary-treasurer of the board to be used99-36
99-37
secretary-treasurer shall deposit the fees in qualified banks , credit unions99-38
or savings and loan associations in this state.99-39
2. The board may delegate to a hearing officer or panel its authority to99-40
take any disciplinary action pursuant to this chapter, impose and collect civil99-41
penalties therefor and deposit the money therefrom in banks , credit unions99-42
or savings and loan associations in this state.100-1
3. If a hearing officer or panel is not authorized to take disciplinary100-2
action pursuant to subsection 2 and the board deposits the money collected100-3
from the imposition of civil penalties with the state treasurer for credit to the100-4
state general fund, it may present a claim to the state board of examiners for100-5
recommendation to the interim finance committee if money is needed to pay100-6
attorney’s fees or the costs of an investigation, or both.100-7
Sec. 171. NRS 638.1473 is hereby amended to read as follows: 638.1473 1. Except as otherwise provided in subsection 4, all100-9
reasonable expenses incurred by the board in carrying out the provisions of100-10
this chapter must be paid from the money which it receives. No part of the100-11
salaries or expenses of the board may be paid out of the state general fund.100-12
2. Except as otherwise provided in this section, all money collected by100-13
the board from the imposition of fines must be deposited with the state100-14
treasurer for credit to the state general fund. All other money received by100-15
the board must be deposited in qualified banks , credit unions or savings100-16
and loan associations in this state and paid out on its order for its expenses.100-17
3. The board may delegate to a hearing officer or panel its authority to100-18
take any disciplinary action pursuant to this chapter, impose and collect100-19
fines therefor and deposit the money therefrom in banks , credit unions or100-20
savings and loan associations in this state.100-21
4. If a hearing officer or panel is not authorized to take disciplinary100-22
action pursuant to subsection 3 and the board deposits the money collected100-23
from the imposition of fines with the state treasurer for credit to the state100-24
general fund, it may present a claim to the state board of examiners for100-25
recommendation to the interim finance committee if money is needed to pay100-26
attorney’s fees or the costs of an investigation, or both.100-27
Sec. 172. NRS 639.081 is hereby amended to read as follows: 639.081 1. Except as otherwise provided in subsection 3, all money100-29
coming into the possession of the board must be kept or deposited by the100-30
secretary in banks , credit unions or savings and loan associations in the100-31
State of Nevada, or invested in United States treasury bills or notes, to be100-32
expended for payment of compensation and expenses of members of the100-33
board and for other necessary or proper purposes in the administration of100-34
this chapter.100-35
2. The board may delegate to a hearing officer or panel its authority to100-36
take any disciplinary action pursuant to this chapter, impose and collect100-37
fines therefor and deposit the money therefrom in banks , credit unions or100-38
savings and loan associations in this state.100-39
3. If a hearing officer or panel is not authorized to take disciplinary100-40
action pursuant to subsection 2 and the board deposits the money collected100-41
from the imposition of fines with the state treasurer for credit to the state101-1
general fund, it may present a claim to the state board of examiners for101-2
recommendation to the interim finance committee if money is needed to pay101-3
attorney’s fees or the costs of an investigation, or both.101-4
Sec. 173. NRS 640.070 is hereby amended to read as follows: 640.070 1. All fees collected under this chapter must be deposited by101-6
the board in banks , credit unions or savings and loan associations in the101-7
State of Nevada.101-8
2. All expenses incident to the operation of this chapter must be paid101-9
from the revenue derived therefrom.101-10
3. The board may delegate to a hearing officer or panel its authority to101-11
take any disciplinary action pursuant to this chapter and impose and collect101-12
administrative fines therefor. If the board so delegates its authority, the101-13
board may deposit the money from the fines in banks , credit unions or101-14
savings and loan associations in this state for the support of the board. In101-15
addition, the hearing officer or panel may assess a licensee against whom101-16
disciplinary action is taken any costs and fees incurred by the board as a101-17
result of the hearing. The money from the reimbursed costs and fees may101-18
also be deposited for use by the board.101-19
4. If a hearing officer or panel is not authorized to take disciplinary101-20
action pursuant to subsection 3, the board shall deposit the money collected101-21
from the imposition of administrative fines with the state treasurer for credit101-22
to the state general fund. The board may present a claim to the state board101-23
of examiners for recommendation to the interim finance committee if money101-24
is needed to pay attorney’s fees or the costs of an investigation, or both.101-25
Sec. 174. NRS 641.380 is hereby amended to read as follows: 641.380 All101-27
101-28
unions or savings and loan associations in the State of Nevada to be101-29
expended for payment of compensation and expenses of board members and101-30
for other necessary or proper purposes in the administration of this chapter.101-31
Sec. 175. NRS 641A.300 is hereby amended to read as follows: 641A.300 All101-33
101-34
unions or savings and loan associations in the State of Nevada to be101-35
expended for payment of compensation and expenses of board members and101-36
for other necessary or proper purposes in the administration of this chapter.101-37
Sec. 176. NRS 641B.150 is hereby amended to read as follows: 641B.150 1. Except as otherwise provided in subsection 4, all101-39
reasonable expenses incurred by the board in carrying out the provisions of101-40
this chapter must be paid from the money which it receives. No part of the101-41
salaries or expenses of the board may be paid out of the state general fund.102-1
2. All money received by the board must be deposited in qualified102-2
banks , credit unions or savings and loan associations in this state and paid102-3
out on its order for its expenses.102-4
3. The board may delegate to a hearing officer or panel its authority to102-5
take any disciplinary action pursuant to this chapter, impose and collect102-6
fines and penalties therefor and deposit the money therefrom in banks ,102-7
credit unions or savings and loan associations in this state.102-8
4. If a hearing officer or panel is not authorized to take disciplinary102-9
action pursuant to subsection 3 and the board deposits the money collected102-10
from the imposition of fines with the state treasurer for credit to the state102-11
general fund, it may present a claim to the state board of examiners for102-12
recommendation to the interim finance committee if money is needed to pay102-13
attorney’s fees or the costs of an investigation, or both.102-14
Sec. 177. NRS 642.070 is hereby amended to read as follows: 642.070 All fees collected under the provisions of this chapter shall be102-16
paid to the treasurer of the board to be used102-17
defray the necessary expenses of the board. The treasurer shall deposit the102-18
fees in banks , credit unions or savings and loan associations in the State of102-19
Nevada.102-20
Sec. 178. NRS 642.075 is hereby amended to read as follows: 642.075 1. Except as otherwise provided in subsection 4, all102-22
reasonable expenses incurred by the board in carrying out the provisions of102-23
this chapter must be paid from the money which it receives. No part of the102-24
salaries or expenses of the board may be paid out of the state general fund.102-25
2. Except as otherwise provided in this section, all money collected by102-26
the board from the imposition of fines must be deposited with the state102-27
treasurer for credit to the state general fund. All other money received by102-28
the board must be deposited in qualified banks , credit unions or savings102-29
and loan associations in this state and paid out on its order for its expenses.102-30
3. The board may delegate to a hearing officer or panel its authority to102-31
take any disciplinary action pursuant to this chapter, impose and collect102-32
fines therefor and deposit the money therefrom in banks , credit unions or102-33
savings and loan associations in this state.102-34
4. If a hearing officer or panel is not authorized to take disciplinary102-35
action pursuant to subsection 3 and the board deposits the money collected102-36
from the imposition of fines with the state treasurer for credit to the state102-37
general fund, it may present a claim to the state board of examiners for102-38
recommendation to the interim finance committee if money is needed to pay102-39
attorney’s fees or the costs of an investigation, or both.102-40
Sec. 179. NRS 643.060 is hereby amended to read as follows: 643.060 1. Except as otherwise provided in subsection 3, money102-42
received by the board under this chapter must be paid to the103-1
secretary-treasurer of the board, who shall deposit103-2
credit unions or savings and loan associations in the State of Nevada and103-3
give a receipt for it.103-4
2. The money must be expended in accordance with the provisions of103-5
this chapter for all necessary and proper expenses in carrying out the103-6
provisions of this chapter and upon proper claims approved by the board.103-7
3. The board shall deposit the money collected from the imposition of103-8
fines with the state treasurer for credit to the state general fund, and may103-9
present a claim to the state board of examiners for recommendation to the103-10
interim finance committee if money is needed to pay an attorney’s fees or103-11
the costs of an investigation, or both.103-12
Sec. 180. NRS 644.170 is hereby amended to read as follows: 644.170 1. All fees collected on behalf of the board and all receipts of103-14
every kind and nature must be reported at the beginning of each month, for103-15
the month preceding, to the board. At the same time , the entire amount of103-16
collections, except as otherwise provided in subsection 5, must be paid to103-17
the treasurer of the board, who shall deposit them in banks , credit unions103-18
or savings and loan associations in the State of Nevada.103-19
2. The receipts must be for the uses of the board and out of them must103-20
be paid all salaries and all other expenses necessarily incurred in carrying103-21
into effect the provisions of this chapter.103-22
3. All orders for payment of money must be drawn on the treasurer of103-23
the board and countersigned by the president and the secretary of the board.103-24
4. The board may delegate to a hearing officer or panel its authority to103-25
take any disciplinary action pursuant to this chapter, impose and collect103-26
fines therefor and deposit the money therefrom in banks , credit unions or103-27
savings and loan associations in this state.103-28
5. If a hearing officer or panel is not authorized to take disciplinary103-29
action pursuant to subsection 4 and the board deposits the money collected103-30
from the imposition of fines with the state treasurer for credit to the state103-31
general fund, it may present a claim to the state board of examiners for103-32
recommendation to the interim finance committee if money is needed to pay103-33
attorney’s fees or the costs of an investigation, or both.103-34
Sec. 181. NRS 645.310 is hereby amended to read as follows: 645.310 1. All deposits accepted by every real estate broker or person103-36
registered as an owner-developer pursuant to this chapter, which are103-37
retained by him pending consummation or termination of the transaction103-38
involved, must be accounted for in the full amount at the time of the103-39
consummation or termination.103-40
2. Every real estate salesman or broker-salesman who receives any103-41
money on behalf of a broker or owner-developer shall pay over the money103-42
promptly to the real estate broker or owner-developer.104-1
3. A real estate broker shall not commingle the money or other property104-2
of his client with his own.104-3
4. If a real estate broker receives money, as a broker, which belongs to104-4
others, he shall promptly deposit the money in a separate checking account104-5
located in a bank or credit union in this state which must be designated a104-6
trust account. All down payments, earnest money deposits, rents, or other104-7
money which he receives, on behalf of his client or any other person, must104-8
be deposited in the account unless all persons who have any interest in the104-9
money have agreed otherwise in writing. A real estate broker may pay to104-10
any seller or the seller’s authorized agent the whole or any portion of such104-11
special deposit. The real estate broker is personally responsible and liable104-12
for such deposit at all times. A real estate broker shall not permit any104-13
advance payment of money belonging to others to be deposited in the real104-14
estate broker’s business or personal account or to be commingled with any104-15
money he may have on deposit.104-16
5. Every real estate broker required to maintain a separate trust account104-17
shall keep records of all money deposited therein. The records must clearly104-18
indicate the date and from whom he received money, the date deposited, the104-19
dates of withdrawals, and other pertinent information concerning the104-20
transaction, and must show clearly for whose account the money is104-21
deposited and to whom the money belongs. The real estate broker shall104-22
balance each separate trust account at least monthly. The real estate broker104-23
shall provide to the division, on a form provided by the division, an annual104-24
accounting which shows an annual reconciliation of each separate trust104-25
account. All such records and money are subject to inspection and audit by104-26
the division and its authorized representatives. All such separate trust104-27
accounts must designate the real estate broker as trustee and provide for104-28
withdrawal of money without previous notice.104-29
6. Each real estate broker shall notify the division of the names of the104-30
banks and credit unions in which he maintains trust accounts and specify104-31
the names of the accounts on forms provided by the division.104-32
7. If a real estate broker who has money in a trust account dies or104-33
becomes mentally disabled, the division, upon application to the district104-34
court, may have a trustee appointed to administer and distribute the money104-35
in the account with the approval of the court. The trustee may serve without104-36
posting a bond.104-37
Sec. 182. NRS 645.606 is hereby amended to read as follows: 645.606 1. As used in NRS 645.606 to 645.609, inclusive, "qualified104-39
intermediary" has the meaning ascribed to it in 26 C.F.R. § 1.1031(k)-1(g).104-40
2. The term includes any person who advertises or holds himself out as104-41
prepared to facilitate a tax-deferred exchange of property in this state by104-42
acting as the custodian of money or other property.105-1
3. The term does not include a bank , credit union or other depository105-2
institution, an escrow company, a title insurer, an agent licensed pursuant to105-3
chapter 692A of NRS or its subsidiaries or employees.105-4
Sec. 183. NRS 645A.160 is hereby amended to read as follows: 645A.160 All money deposited in escrow to be delivered upon the105-6
close of the escrow or upon any other contingency must be kept separate105-7
from money belonging to the escrow agent or agency and must be deposited105-8
in a105-9
insured by a private insurer approved pursuant to NRS 678.755 unless105-10
another financial institution has been designated in writing in the105-11
instructions for the escrow. The money when deposited must be designated105-12
as "trust funds" or "escrow accounts" or under some other appropriate name105-13
indicating that the money is not the money of the escrow agent or agency.105-14
Sec. 184. NRS 645A.170 is hereby amended to read as follows: 645A.170 1. Money deposited in escrow is not subject to execution or105-16
attachment on any claim against the escrow agent or agency.105-17
2. An escrow agent or agency shall not knowingly keep or cause to be105-18
kept any money in any bank , credit union or other financial institution105-19
under any name designating the money as belonging to the clients of any105-20
escrow agent or agency, unless the money was actually entrusted to the105-21
agent or agency by the client for deposit in escrow.105-22
Sec. 185. NRS 645B.170 is hereby amended to read as follows: 645B.170 1. All money paid to the mortgage company for payment of105-24
taxes or insurance premiums on property which secures any loan made by105-25
the mortgage company must be deposited in a bank or credit union and kept105-26
separate, distinct and apart from money belonging to the mortgage105-27
company. Such money, when deposited, is to be designated as an "impound105-28
trust account" or under some other appropriate name indicating that the105-29
accounts are not the money of the mortgage company.105-30
2. The mortgage company has a fiduciary duty to its debtors with105-31
respect to the money in its impound trust account.105-32
3. The mortgage company shall, upon reasonable notice, account to any105-33
debtor whose property secures a loan made by the mortgage company for105-34
any money which that person has paid to the mortgage company for the105-35
payment of taxes or insurance premiums on the property in question.105-36
4. The mortgage company shall, upon reasonable notice, account to the105-37
commissioner for all money in the company’s impound trust account.105-38
5. A mortgage company shall:105-39
(a) Require contributions to an impound trust account in an amount105-40
reasonably necessary to pay the obligations as they become due.105-41
(b) Within 30 days after the completion of its annual review of an105-42
impound trust account, notify the debtor:106-1
(1) Of the amount by which the contributions exceed the amount106-2
reasonably necessary to pay the annual obligations due from the account;106-3
and106-4
(2) That he may specify the disposition of the excess money within 20106-5
days after receipt of the notice. If the debtor fails to specify such a106-6
disposition within that time, the mortgage company shall maintain the106-7
excess money in the account.106-8
This subsection does not prohibit a mortgage company from requiring106-9
additional amounts to be paid into an impound trust account to recover a106-10
deficiency that exists in the account.106-11
6. A mortgage company shall not make payments from an impound106-12
trust account in a manner that causes a policy of insurance to be canceled or106-13
causes property taxes or similar payments to become delinquent.106-14
Sec. 186. NRS 645B.180 is hereby amended to read as follows: 645B.180 1. Money in an impound trust account is not subject to106-16
execution or attachment on any claim against the mortgage company.106-17
2. It is unlawful for any mortgage company knowingly to keep or cause106-18
to be kept any money in any bank or credit union under the heading of106-19
"impound trust account" or any other name designating such money as106-20
belonging to the debtors of the mortgage company, except money paid to106-21
the mortgage company for the payment of taxes and insurance premiums on106-22
property securing loans made by the company, and money held in trust106-23
pursuant to NRS 645B.175.106-24
Sec. 187. NRS 649.345 is hereby amended to read as follows: 649.345 1. Each licensed collection agency shall file with the106-26
commissioner a written report, signed and sworn to by its manager, no later106-27
than January 31 of each year, unless the commissioner determines that there106-28
is good cause for later filing of the report. The report must include:106-29
(a) The total sum of money due to all creditors as of the close of the last106-30
business day of the preceding month.106-31
(b) The total sum on deposit in customer trust fund accounts and106-32
available for immediate distribution as of the close of the last business day106-33
of the preceding month, the title of the trust account or accounts, and the106-34
name of the106-35
(c) The total amount of creditors’ or forwarders’ share of money106-36
collected more than 60 days before the last business day of the preceding106-37
month and not remitted by that date.106-38
(d) When the total sum under paragraph (c) exceeds $10, the name of106-39
each creditor or forwarder and the respective share of each in that sum.106-40
(e) Such other information, audit or reports as the commissioner may106-41
require.107-1
2. The filing of any report required by this section which is known by107-2
the collection agency to contain false information or statements constitutes107-3
grounds for the suspension of the agency’s license or the manager’s107-4
certificate, or both.107-5
Sec. 188. NRS 649.355 is hereby amended to read as follows: 649.355 1. Every collection agency and collection agent shall openly,107-7
fairly and honestly conduct the collection agency business and shall at all107-8
times conform to the accepted business ethics and practices of the collection107-9
agency business.107-10
2. Every licensee shall at all times maintain a separate107-11
a bank or credit union in which must be deposited all money collected.107-12
Except as otherwise provided in regulations adopted by the commissioner107-13
pursuant to NRS 649.054, the account must be maintained in a bank or107-14
credit union located in this state and bear some title sufficient to distinguish107-15
it from the licensee’s personal or general checking account and to designate107-16
it as a trust account, such as "customer’s trust fund account." The trust107-17
account must at all times contain sufficient money to pay all money due or107-18
owing to all customers, and no disbursement may be made from the account107-19
except to customers or to pay costs advanced for those customers, except107-20
that a licensee may periodically withdraw from the account such money as107-21
may accrue to the licensee from collections deposited or from adjustments107-22
resulting from costs advanced and payments made directly to customers.107-23
3. Every licensee maintaining a separate custodial or trust account shall107-24
keep a record of all money deposited in the account, which must indicate107-25
clearly the date and from whom the money was received, the date deposited,107-26
the dates of withdrawals and other pertinent information concerning the107-27
transaction, and must show clearly for whose account the money is107-28
deposited and to whom the money belongs. The money must be remitted to107-29
the creditors respectively entitled thereto within 30 days following the end107-30
of the month in which payment is received. The records and money are107-31
subject to inspection by the commissioner or his authorized representative.107-32
The records must be maintained at the premises in this state at which the107-33
licensee is authorized to conduct business.107-34
4. If the commissioner finds that a licensee’s records are not maintained107-35
pursuant to subsections 2 and 3, he may require the licensee to deliver an107-36
audited financial statement prepared from his records by a certified public107-37
accountant who holds a certificate to engage in the practice of public107-38
accounting in this state. The statement must be submitted within 60 days107-39
after the commissioner requests it. The commissioner may grant a107-40
reasonable extension for the submission of the financial statement if an107-41
extension is requested before the statement is due.108-1
Sec. 189. NRS 654.120 is hereby amended to read as follows: 654.120 1. The secretary of the board shall receive and account for all108-3
money paid to the board pursuant to this chapter. The secretary of the board108-4
shall deposit the money in banks , credit unions or savings and loan108-5
associations in the State of Nevada.108-6
2. Except as otherwise provided in subsection 5, all money received by108-7
the board pursuant to this chapter must be used to:108-8
(a) Pay the per diem and travel expenses of the members of the board.108-9
(b) Pay the salaries and per diem and travel expenses of the employees of108-10
the board.108-11
(c) Administer the provisions of this chapter.108-12
3. Any money which remains at the end of the fiscal year must be108-13
retained by the board for future disbursement for the purposes enumerated108-14
in subsection 2.108-15
4. The board may delegate to a hearing officer or panel its authority to108-16
take any disciplinary action pursuant to this chapter, impose and collect108-17
fines and penalties therefor and deposit the money therefrom in banks ,108-18
credit unions or savings and loan associations in this state.108-19
5. If a hearing officer or panel is not authorized to take disciplinary108-20
action pursuant to subsection 4 and the board deposits the money collected108-21
from the imposition of fines with the state treasurer for credit to the state108-22
general fund, it may present a claim to the state board of examiners for108-23
recommendation to the interim finance committee if money is needed to pay108-24
attorney’s fees or the costs of an investigation, or both.108-25
Sec. 190. NRS 656.230 is hereby amended to read as follows: 656.230 All108-27
108-28
banks , credit unions or savings and loan institutions in the State of Nevada108-29
to be expended for payment of compensation and expenses of board108-30
members and for other necessary or proper purposes in the administration of108-31
this chapter.108-32
Sec. 191. NRS 663.025 is hereby amended to read as follows: 663.025 Whenever any deposit is made in any bank or credit union108-34
doing business within this state by any person in trust for another, and no108-35
other or further notice of the existence and terms of a legal and valid trust108-36
has been given in writing to the bank108-37
the trustee the deposit or any part thereof, together with the dividends or108-38
interest thereon, may be paid to the person for whom the deposit was made.108-39
Sec. 192. NRS 663.045 is hereby amended to read as follows: 663.045 Notwithstanding any provision of law of this state or of any108-41
political subdivision thereof requiring security for deposits in the form of108-42
collateral108-43
shall not be required to the extent such deposits are insured under the109-1
provisions of the Federal Deposit Insurance Act, as now or hereafter109-2
amended109-3
Fund or by a private insurer approved pursuant to NRS 678.755.109-4
Sec. 193. NRS 663.055 is hereby amended to read as follows: 663.055 Any bank or credit union or officer of any bank or credit109-6
union whose authority to transact a banking business has been revoked as109-7
provided in this Title109-8
whatever nature after such revocation, shall be subject to the same penalty109-9
as provided in this Title or Title 56 of NRS for those who transact a banking109-10
business without authority.109-11
Sec. 194. NRS 663.065 is hereby amended to read as follows: 663.065 1. When any deposit is made in a bank or credit union by a109-13
minor, the bank or credit union may pay to such depositor such sums as109-14
may be due him, and the receipt of such minor to such bank or credit union109-15
is valid.109-16
2. A bank or credit union may operate a deposit account in the name of109-17
a minor or in the name of two or more persons one or more of whom are109-18
minors with the same effect upon its liability as if such minors were of full109-19
age.109-20
3. A bank or credit union may lease a safe-deposit box to, and in109-21
connection therewith deal with, a minor with the same effect as if leasing to109-22
and dealing with a person of full legal capacity.109-23
4. An institution may rent a safe-deposit box or other receptacle for safe109-24
deposit of property to, and receive property for safe deposit from, a married109-25
minor and spouse, whether adult or minor, jointly.109-26
5. This section does not affect the law governing transactions with109-27
minors in cases outside the scope of this section.109-28
Sec. 195. NRS 663.075 is hereby amended to read as follows: 663.075 1. A bank or credit union may arrange for the collection of109-30
savings from school children by the principal of the school, by the teachers,109-31
or by collectors pursuant to regulations issued by the commissioner and109-32
approved, in the case of public schools, by the board of trustees of the109-33
school district in which the school is situated. The principal, teacher or109-34
person authorized by the bank or credit union to make collections from the109-35
school children must be the agent of the bank or credit union to make109-36
collections from the school children, and the bank or credit union is liable109-37
to the pupil for all deposits made with such principal, teacher or other109-38
authorized person to the same extent as if the deposits were made directly109-39
with the bank109-40
2. The acceptance of deposits in furtherance of a school thrift or savings109-41
plan by an officer, employee or agent of a bank or credit union at any109-42
school is not the establishment or operation of a branch facility.110-1
Sec. 196. NRS 666A.250 is hereby amended to read as follows: 666A.250 1. Each foreign bank which is licensed to establish and110-3
maintain a state branch or agency shall hold in this state currency, bonds,110-4
notes, debentures, drafts, bills of exchange or other evidence of110-5
indebtedness, including loan participation agreements or certificates, or110-6
other obligations payable in the United States or in United States money or,110-7
with the prior approval of the commissioner, in money freely convertible110-8
into United States money, or such other assets as the commissioner by110-9
regulation permits, in an amount which bears such relationship as the110-10
commissioner prescribes to liabilities of the foreign bank payable at or110-11
through its state branch or agency, including acceptances, but excluding110-12
amounts due and other liabilities to other offices, agencies or branches of,110-13
and wholly owned, except for a nominal number of directors’ shares,110-14
subsidiaries of, the foreign bank and such other liabilities as the110-15
commissioner determines.110-16
2. For the purposes of this section, the commissioner shall value110-17
marketable securities at principal amount or market value, whichever is110-18
lower, may determine the value of any nonmarketable bond, note,110-19
debenture, draft, bill of exchange, other evidence of indebtedness, including110-20
agreements for or certificates of participation in loans, or of any other asset110-21
or obligation held or owed to the foreign bank or its state branch or agency110-22
in this state, and in determining the amount of assets for the purpose of110-23
computing the ratio of assets to liabilities, may by regulation exclude in110-24
whole or in part any particular asset.110-25
3. If, by reason of the existence or the potential occurrence of unusual110-26
and extraordinary circumstances, the commissioner deems it necessary or110-27
desirable for the maintenance of a sound financial condition, the protection110-28
of depositors, creditors and the public interest, and to maintain public110-29
confidence in the business of a state branch or agency, he may, subject to110-30
such terms and conditions as he may prescribe, require a foreign bank to110-31
deposit the assets required to be held in this state pursuant to this section110-32
with such Nevada banks or credit unions as he may designate.110-33
4. The assets held to satisfy the relationship of assets to liabilities110-34
prescribed by the commissioner pursuant to this section may include110-35
obligations of any person for money borrowed from a foreign bank holding110-36
a license to establish and maintain a state branch or agency only to the110-37
extent that the total of such obligations of any person are not more than 10110-38
percent of the assets considered for purposes of this section.110-39
Sec. 197. NRS 669.220 is hereby amended to read as follows: 669.220 1. A trust company:110-41
(a) Shall keep all trust funds and investments separate from the assets of110-42
the trust company, and all investments made by the trust company as a111-1
fiduciary must be designated so that the trust or estate to which the111-2
investments belong may be clearly identified.111-3
(b) When it holds trust funds awaiting investment or distribution may111-4
deposit or leave those funds on deposit with a state or national bank111-5
credit union. The funds must not be deposited or left with the same111-6
corporation depositing them or leaving them on deposit, or with a111-7
corporation or association holding or owning a majority of the stock of the111-8
trust company making or leaving the deposit, unless that corporation or111-9
association first pledges, as security for the deposit, securities eligible for111-10
investment by state banks or credit unions which have a market value equal111-11
to that of the deposited funds. No security is required with respect to any111-12
portion of the deposits that is insured under the provisions of111-13
678.755 or a law of the United States.111-14
(c) When it acts in any capacity under a court trust or private trust, unless111-15
the instrument creating the trust provides otherwise, may cause any111-16
securities held by it in its representative capacity to be registered in the111-17
name of a nominee or nominees of the trust company.111-18
(d) When acting as depositary or custodian for the personal111-19
representative of a court trust or private trust, unless the instrument creating111-20
the trust provides otherwise, may with the consent of the personal111-21
representative of the trust, cause any securities held by it to be registered in111-22
the name of a nominee or nominees of the trust company.111-23
2. A trust company is liable for any loss occasioned by the acts of its111-24
nominees with respect to securities registered under this section.111-25
3. No corporation or the registrar or transfer agent of the corporation is111-26
liable for registering or causing to be registered on the books of the111-27
corporation any securities in the name of any nominee of a trust company or111-28
for transferring or causing to be transferred on the books of the corporation111-29
any securities registered by the corporation in the name of any nominee of a111-30
trust company when the transfer is made on the authorization of the111-31
nominee.111-32
4. Except as otherwise provided in subsection 5, the assets forming the111-33
capital of a trust company must:111-34
(a) Be governmental obligations or insured deposits that mature within 3111-35
years after acquisition.111-36
(b) Have an aggregate market value that equals or exceeds 60 percent of111-37
the company’s current stockholders’ equity or 60 percent of the company’s111-38
initial stockholders’ equity, whichever is greater.111-39
5. A trust company may purchase or rent land and equipment for use in111-40
the daily activities of the trust company.111-41
Sec. 198. NRS 670.040 is hereby amended to read as follows: 670.040 "Financial institution" means any banking corporation , credit111-43
union or trust company, savings and loan association, insurance company or112-1
related corporation, partnership, foundation or other institution engaged112-2
primarily in lending or investing112-3
Sec. 199. NRS 670A.040 is hereby amended to read as follows: 670A.040 "Financial institution" means any banking corporation ,112-5
credit union or trust company, savings and loan association, insurance112-6
company or related corporation, partnership, foundation or other institution112-7
engaged primarily in lending or investing money.112-8
Sec. 200. NRS 671.110 is hereby amended to read as follows: 671.110 1. In lieu of any surety bond, or any portion of the principal112-10
sum thereof as required by this chapter, a licensee may deposit with the state112-11
treasurer or with any bank , credit union or trust company authorized to do112-12
business in this state as the licensee may select, with the approval of the112-13
commissioner:112-14
(a) Interest-bearing stocks;112-15
(b) Bills, bonds, notes, debentures or other obligations of the United112-16
States or any agency or instrumentality thereof, or guaranteed by the United112-17
States; or112-18
(c) Any obligation of this state or any city, county, town, township,112-19
school district or other instrumentality of this state or guaranteed by this112-20
state,112-21
in an aggregate amount of, based upon principal amount or market value,112-22
whichever is lower, of not less than the amount of the required surety bond112-23
or portion thereof.112-24
2. The securities must be held to secure the same obligation as would112-25
the surety bond, but the depositor may receive any interest or dividends and,112-26
with the approval of the commissioner, substitute other suitable securities112-27
for those deposited.112-28
Sec. 201. NRS 671.150 is hereby amended to read as follows: 671.150 1. All money or credits received by an agent of a licensee112-30
from the sale and issuance of checks or for the purpose of transmission must112-31
be remitted to the licensee or deposited with a bank or credit union112-32
authorized to do business in this state for credit to an account of the licensee112-33
not later than the third business day following its receipt.112-34
2. Money received from the sale or issuance of checks or for the112-35
purpose of transmission must not be commingled with the other assets of the112-36
licensee or his agents.112-37
3. If a license is suspended or terminated, the licensee shall immediately112-38
deposit in an account in the name of the commissioner, an amount which is112-39
sufficient to make the total money in the account equal to all outstanding112-40
checks in the State of Nevada sold or issued and money or credits received112-41
but not transmitted.112-42
4. Each licensee shall at all times maintain liquid assets, government or112-43
municipal securities or other marketable securities having a value, computed113-1
in accordance with generally accepted accounting principles, equal to or113-2
more than the aggregate liability of the licensee with respect to checks sold113-3
and issued and money or credits received for transmission.113-4
Sec. 202. NRS 681A.460 is hereby amended to read as follows: 681A.460 1. A transaction between a broker for reinsurance and the113-6
insurer he represents may only be entered into by written agreement. The113-7
agreement must specify the responsibilities of each party.113-8
2. The insurer may terminate the authority of the broker for reinsurance113-9
at any time.113-10
3. The broker for reinsurance shall:113-11
(a) Render accounts to the insurer accurately detailing all material113-12
transactions, including information necessary to support all commissions,113-13
charges and other fees received by or owing to the broker for reinsurance;113-14
and113-15
(b) Remit all money due to the insurer within 30 days after receipt.113-16
4. All money collected for the account of the insurer must be held by113-17
the broker for reinsurance in a fiduciary capacity in a bank or credit union113-18
which is a qualified financial institution.113-19
5. The broker for reinsurance shall comply with the written standards113-20
established by the insurer for the cession or retrocession of all risks.113-21
6. The broker for reinsurance shall disclose to the insurer any113-22
relationship with any reinsurer to which insurance will be ceded or113-23
retroceded.113-24
Sec. 203. NRS 681A.490 is hereby amended to read as follows: 681A.490 1. Transactions between a manager for reinsurance and the113-26
reinsurer he represents must only be entered into pursuant to a written113-27
contract which specifies the responsibilities of each party and is approved113-28
by the board of directors of the reinsurer. At least 30 days before a reinsurer113-29
assumes or cedes insurance, a copy of the contract must be filed with the113-30
commissioner for approval.113-31
2. The reinsurer may terminate the contract for cause upon written113-32
notice to the manager for reinsurance and the reinsurer may suspend the113-33
authority of the manager for reinsurance to assume or cede insurance during113-34
the pendency of any dispute regarding the cause for termination.113-35
3. The manager for reinsurance shall:113-36
(a) Render accounts to the reinsurer accurately detailing all material113-37
transactions, including information necessary to support all commissions,113-38
charges and other fees received by or owing to him; and113-39
(b) Remit all money due pursuant to the contract to the reinsurer113-40
monthly.113-41
4. All money collected for the account of the reinsurer must be held by113-42
the manager for reinsurance, in a fiduciary capacity, in a bank or credit113-43
union which is a qualified financial institution. The manager for reinsurance114-1
may retain no more than the total of 3 months’ estimated payments on114-2
claims and allocated expenses of adjusting losses. The manager for114-3
reinsurance shall maintain a separate114-4
union for each reinsurer that he represents.114-5
5. The contract must not be assigned in whole or in part by the manager114-6
for reinsurance.114-7
Sec. 204. NRS 681B.010 is hereby amended to read as follows: 681B.010 In any determination of the financial condition of an insurer,114-9
there must be allowed as assets only such assets as are owned by the insurer114-10
and which consist of:114-11
1. Cash in the possession of the insurer, or in transit under its control,114-12
and including the true balance of any deposit in a solvent bank , credit114-13
union or trust company.114-14
2. Investments, securities, properties and loans acquired or held in114-15
accordance with this code, and in connection therewith the following items:114-16
(a) Interest due or accrued on any bond or evidence of indebtedness114-17
which is not in default and which is not valued on a basis including accrued114-18
interest.114-19
(b) Declared and unpaid dividends on stock and shares, unless such114-20
amount has otherwise been allowed as an asset.114-21
(c) Interest due or accrued upon a collateral loan in an amount not to114-22
exceed 1 year’s interest thereon.114-23
(d) Interest due or accrued on deposits in solvent banks , credit unions114-24
and trust companies, and interest due or accrued on other assets, if such114-25
interest is, in the judgment of the commissioner, a collectible asset.114-26
(e) Interest due or accrued on a mortgage loan, in an amount not114-27
exceeding in any event the amount, if any, of the excess of the value of the114-28
property less delinquent taxes thereon over the unpaid principal; but in no114-29
event may interest accrued for a period in excess of 18 months be allowed114-30
as an asset.114-31
(f) Rent due or accrued on real property if such rent is not in arrears for114-32
more than 3 months, and rent more than 3 months in arrears if the payment114-33
of such rent is adequately secured by property held in the name of the tenant114-34
and conveyed to the insurer as collateral.114-35
(g) The unaccrued portion of taxes paid before the due date on real114-36
property.114-37
3. Premium notes, policy loans and other policy assets and liens on114-38
policies and certificates of life insurance and annuity contracts and accrued114-39
interest thereon, in an amount not exceeding the legal reserve and other114-40
policy liabilities carried on each individual policy.114-41
4. The net amount of uncollected and deferred premiums and annuity114-42
considerations in the case of a life insurer.115-1
5. Premiums in the course of collection, other than for life insurance,115-2
not more than 3 months past due, less commissions payable thereon. The115-3
foregoing limitation does not apply to premiums payable directly or115-4
indirectly by the United States Government or by any of its115-5
instrumentalities.115-6
6. Installment premiums other than life insurance premiums to the115-7
extent of the unearned premium reserve carried on the policy to which115-8
premiums apply.115-9
7. Notes and like written obligations not past due, taken for premiums115-10
other than life insurance premiums, on policies permitted to be issued on115-11
such basis, to the extent of the unearned premium reserves carried thereon.115-12
8. The full amount of reinsurance recoverable by a ceding insurer from115-13
a solvent reinsurer, which reinsurance is authorized under NRS 681A.110.115-14
9. Amounts receivable by an assuming insurer representing115-15
money withheld by a solvent ceding insurer under a reinsurance treaty.115-16
10. Deposits or equities recoverable from underwriting associations,115-17
syndicates and reinsurance funds, or from any suspended115-18
financial institution, to the extent deemed by the commissioner available115-19
for the payment of losses and claims and at values to be determined by him.115-20
11. All such assets, whether or not consistent with the provisions of this115-21
section, as may be allowed pursuant to the annual statement form approved115-22
by the commissioner for the kinds of insurance to be reported upon therein.115-23
12. As to a title insurer, its title plant and equipment reasonably115-24
necessary for the conduct of its abstract or title insurance business, at not to115-25
exceed the cost thereof.115-26
13. Electronic and mechanical machines and related equipment115-27
constituting a data processing, recordkeeping or accounting system or115-28
systems if the cost of each such system is at least $25,000, which cost must115-29
be amortized in full over a period not to exceed 10 years. The aggregate115-30
amount invested in all such systems must not exceed 5 percent of the115-31
insurer’s assets.115-32
14. Other assets, not inconsistent with the provisions of this section,115-33
deemed by the commissioner to be available for the payment of losses and115-34
claims at values to be determined by him.115-35
Sec. 205. NRS 682A.190 is hereby amended to read as follows: 682A.190 An insurer may invest in share or savings accounts of credit115-37
unions or savings and loan associations, or in savings accounts of banks,115-38
and in any one such institution only to the extent that the investment is115-39
insured by the Federal Deposit Insurance Corporation115-40
Credit Union Share Insurance Fund or a private insurer approved115-41
pursuant to NRS 678.755.116-1
Sec. 206. NRS 682B.050 is hereby amended to read as follows: 682B.050 1. In lieu of a deposit made as provided in NRS 682B.040,116-3
the commissioner in his discretion may, upon written request of the insurer116-4
and where of greater convenience to the insurer, permit such deposit to be116-5
made with and held by the trust department of an established bank or credit116-6
union located in Nevada if both the bank or credit union and the custodial116-7
arrangements are approved by the commissioner .116-8
116-9
2. All such custodial arrangements shall comply in substance with the116-10
requirements of this code as to like deposits through the commissioner, as to116-11
amount, purposes, maintenance, replenishment, release and withdrawal, and116-12
as to the rights of the insurer therein.116-13
3. The cost of any such custodianship shall be borne by the insurer. The116-14
State of Nevada shall have no responsibility for the safekeeping of any such116-15
deposit.116-16
4. The commissioner may at any time, in his discretion, terminate any116-17
such custodial arrangement and require the deposit represented thereby to116-18
be made as otherwise provided for under NRS 682B.010 to 682B.120,116-19
inclusive.116-20
Sec. 207. NRS 682B.130 is hereby amended to read as follows: 682B.130 1. An alien insurer may use Nevada as a state of entry to116-22
transact insurance in the United States of America by making and116-23
maintaining in this state a deposit of assets in trust with a bank , credit116-24
union or trust company approved by the commissioner.116-25
2. The deposit, together with other trust deposits of the insurer held in116-26
the United States of America for the same purpose,116-27
amount not less than as required of an alien insurer under NRS 680A.140 ,116-28
116-29
States116-30
or political subdivisions of the United States of America, and obligations of116-31
corporations and institutions in the United States of America, all as eligible116-32
for the investment of116-33
682A.060, 682A.070 and 682A.080.116-34
3. Such a deposit may be referred to as "trusteed assets."116-35
Sec. 208. NRS 683A.0877 is hereby amended to read as follows: 683A.0877 1. All insurance charges and premiums collected by an116-37
administrator on behalf of an insurer and return premiums received from an116-38
insurer are held by the administrator in a fiduciary capacity.116-39
2. Money shall be remitted within 15 days to the person or persons116-40
entitled to it, or shall be deposited within 15 days in a fiduciary116-41
account established and maintained by the administrator within the state116-42
in a bank or credit union.117-1
3. If charges or premiums deposited in an account have been collected117-2
on behalf of more than one insurer, the administrator shall cause the bank or117-3
credit union in which the account is maintained to record clearly the117-4
deposits and withdrawals from the account on behalf of each insurer.117-5
4. The administrator shall promptly obtain and keep copies of all117-6
account records and shall furnish any insurer with copies of the records117-7
which pertain to him upon demand of the insurer.117-8
5. The administrator may not pay any claim by withdrawing money117-9
from his fiduciary account.117-10
6. Withdrawals shall be made as provided in the agreement between the117-11
insurer and the administrator for:117-12
(a) Remittance to the insurer.117-13
(b) Deposit in an account maintained in the name of the insurer.117-14
(c) Transfer to and deposit in an account for the payment of claims.117-15
(d) Payment to a group policyholder for remittance to the insurer entitled117-16
to the money.117-17
(e) Payment to the administrator of his commission, fees or charges.117-18
(f) Remittance of return premiums to persons entitled to them.117-19
Sec. 209. NRS 683A.400 is hereby amended to read as follows: 683A.400 1. All117-21
any way licensed or acting as an insurance agent, broker, solicitor, surplus117-22
lines broker, motor club agent or bail agent under any insurance policy or117-23
undertaking of bail, are received and held by117-24
fiduciary capacity. Any such person who diverts or appropriates such117-25
fiduciary117-26
2. Each such person who does not make immediate remittance of117-27
117-28
and follow with respect to117-29
particular insurer or person either of the following methods:117-30
(a) Remit received premiums, less applicable commissions, if any, and117-31
return premiums to the insurer or other person entitled thereto within 15117-32
days after117-33
(b) Establish and maintain in a commercial bank , credit union or other117-34
established financial institution depositary in this state one or more117-35
accounts, separate from accounts holding his general personal, firm or117-36
corporate117-37
accounts pending transmittal to the insurer or other person entitled thereto,117-38
all such premiums, net of applicable commissions, if any, and return117-39
premiums.117-40
deposited and held in the same such account if the amount so held for each117-41
117-42
The depositor may commingle with such fiduciary117-43
particular account such additional118-1
advance premiums, establish reserves for the payment of return118-2
commissions, or for other contingencies arising in his business of receiving118-3
and transmitting premiums or return premiums.118-4
3. Such a person may commingle with his own118-5
unlimited amount118-6
writing in advance has specifically waived the segregation requirements of118-7
subsection 2.118-8
4. Any commingling of118-9
such person permitted under this section does not alter the fiduciary118-10
capacity of such person with respect to the118-11
Sec. 210. NRS 689.145 is hereby amended to read as follows: 689.145 "Trustee" means118-13
1. A state or national bank118-14
2. A trust company118-15
3. A federally insured savings and loan association118-16
4. A credit union insured by the National Credit Union Share118-17
Insurance Fund or by a private insurer approved pursuant to NRS118-18
678.755,118-19
authorized to transact such business in the State of Nevada and designated118-20
as the trustee of the trust fund in a prepaid contract.118-21
Sec. 211. NRS 689.325 is hereby amended to read as follows: 689.325 1. Not more than 75 percent of the earnings of such118-23
investments, including capital gains, as they accrue and are received, may118-24
be disbursed by the trustee to the seller or his designee. The remainder of118-25
any earnings must be held by the trustee to establish a reserve for securities118-26
valuation until the reserve equals 25 percent of the total trust liabilities.118-27
2. The trustee shall maintain in the trust fund an amount of money equal118-28
to 125 percent of the total trust liabilities.118-29
3. If money in the trust fund is invested or reinvested in:118-30
(a) Securities which are issued or guaranteed by the United States of118-31
America;118-32
(b) Bonds of this state or the bonds of any other state;118-33
(c) Bonds of counties or municipalities of any state;118-34
(d)118-35
union or savings and loan association118-36
insured by a private insurer approved pursuant to NRS 678.755; or118-37
(e) With the written approval of the commissioner, any investment which118-38
would have guaranteed liquidity,118-39
then no earnings of those investments, including capital gains, if any, as118-40
such earnings accrue and are received, may be disbursed by the trustee to118-41
the seller or his designee which would reduce the corpus of the trust fund119-1
below 100 percent of the required value of the trust. Earnings in excess of119-2
100 percent of the required value of the trust or 125 percent of the total trust119-3
liability, whichever is appropriate, may be distributed annually.119-4
4. Earnings are defined as any sum remaining in the trust fund after119-5
deducting costs of administration over and above 100 percent of the119-6
required value of the trust.119-7
5. Every trustee handling money in a trust fund pursuant to NRS119-8
689.150 to 689.375, inclusive, shall file with the commissioner, within 15119-9
days after the first day of each calendar quarter, a financial statement119-10
showing the activity of all trusts required to be maintained by any seller and119-11
the total market value of each trust as of the first day of the calendar quarter.119-12
The statement must be on forms prescribed and adopted by the119-13
commissioner. Every quarterly report must be accompanied by a fee of $10.119-14
If the statement is not received by the commissioner as required, he may,119-15
after giving the seller 10 days’ written notice, revoke the seller’s certificate119-16
of authority.119-17
6. The trust must be valued quarterly and averaged annually to119-18
determine the total value of the trust. If the average market value as of119-19
December 31 of each year is below 100 percent of the required value of the119-20
trust or 125 percent of the total trust liability, the commissioner may119-21
suspend the seller’s certificate of authority until the deficiency is made up.119-22
Sec. 212. NRS 689.565 is hereby amended to read as follows: 689.565 1. Not more than 60 percent of the earnings of such119-24
investments, including capital gains, as they accrue and are received, may119-25
be disbursed by the trustee to the seller or his designee. The remainder of119-26
any earnings must be held by the trustee to establish a reserve for securities119-27
valuation until the reserve equals 40 percent of the total trust liabilities.119-28
2. The trustee shall maintain in the trust fund an amount of money equal119-29
to 125 percent of the total trust liabilities.119-30
3. If money in the trust fund is invested or reinvested in:119-31
(a) Securities which are issued or guaranteed by the United States of119-32
America;119-33
(b) Bonds of this state or the bonds of any other state;119-34
(c) Bonds of counties or municipalities of any state;119-35
(d)119-36
union or savings and loan association119-37
insured by a private insurer approved pursuant to NRS 678.755; or119-38
(e) With the written approval of the commissioner, any investment which119-39
has guaranteed liquidity,119-40
then no earnings of those investments, including capital gains, if any, as119-41
such earnings accrue and are received, may be disbursed by the trustee to119-42
the seller or his designee which would reduce the corpus of the trust fund120-1
below 100 percent of the required value of the trust. Earnings in excess of120-2
100 percent of the required value of the trust or 125 percent of the total trust120-3
liability, whichever is appropriate, may be distributed annually.120-4
4. Earnings are defined as any sum remaining in the trust fund after120-5
deducting costs of administration over and above 100 percent of the120-6
required value of the trust.120-7
5. Every trustee handling money in a trust fund pursuant to NRS120-8
689.450 to 689.595, inclusive, shall file with the commissioner, within 15120-9
days after the first day of each calendar quarter, a financial statement120-10
showing the activity of all trusts required to be maintained by any seller and120-11
the total market value of each trust as of the first day of the calendar quarter.120-12
The statement for the fourth quarter must be a summary of all transactions120-13
involving the account. The statement must be on forms prescribed and120-14
adopted by the commissioner. Every quarterly report must be accompanied120-15
by a fee of $10. If the statement is not received by the commissioner as120-16
required, he may, after giving the seller 10 days’ written notice, revoke the120-17
seller’s permit.120-18
6. The trust must be valued quarterly and averaged annually to120-19
determine the total value of the trust. If the average market value of the trust120-20
as of December 31 of each year is below 100 percent of the required value120-21
of the trust or 125 percent of the total trust liability, the commissioner may120-22
suspend the seller’s permit until the deficiency is made up.120-23
Sec. 213. NRS 692A.250 is hereby amended to read as follows: 692A.250 1. Money deposited in escrow is not subject to execution or120-25
attachment on any claim against the title insurer, title agent or escrow120-26
officer.120-27
2. A title insurer, title agent or escrow officer shall not knowingly keep120-28
or cause to be kept any money in any bank , credit union or other financial120-29
institution under any name designating the money as belonging to his clients120-30
or those of another such person unless the money was actually entrusted to120-31
him for deposit in escrow.120-32
3. All money deposited in escrow to be delivered upon the close of the120-33
escrow or upon any other contingency must be kept separate from money120-34
belonging to the title insurer, title agent or escrow officer and must be120-35
deposited in a120-36
insured or insured by a private insurer approved pursuant to NRS120-37
678.755 unless another financial institution has been designated in writing120-38
in the instructions for the escrow. The money when deposited must be120-39
designated as "trust funds" or "escrow accounts" or under some other120-40
appropriate name indicating that the money is not the money of the title120-41
insurer, title agent or escrow officer.121-1
4. The commissioner shall adopt regulations defining the term121-2
"commingling" for the purposes of this chapter and prescribing acceptable121-3
business practices for title agents and escrow officers for handling money121-4
deposited in escrow.121-5
Sec. 214. NRS 692B.170 is hereby amended to read as follows: 692B.170 1. The holder of the solicitation permit shall promptly121-7
deposit all121-8
subsection 2 ,121-9
pursuant to the permit, other than advance premiums for insurance which121-10
are subject to NRS 692B.230, in escrow in a bank , credit union or trust121-11
company located in this state and under an agreement consistent with this121-12
chapter filed with and approved by the commissioner.121-13
2. No part of121-14
121-15
(a) For payment of organization, sales and promotion expenses as earned121-16
and as authorized by the permit, and121-17
the applicable expense limit on121-18
from the deposit;121-19
(b) For the purpose of making any deposit with the commissioner121-20
required for the issuance of a certificate of authority to an insurer, or if the121-21
organization is not, or is not to be, an insurer, upon completion of payments121-22
on securities subscriptions made under the permit and deposit or121-23
appropriation of such121-24
or121-25
(c) For the making of refunds as provided in NRS121-26
121-27
3. Money while so held in escrow may be invested in certificates of121-28
deposit or savings accounts. Interest accruing thereon121-29
becomes part of the121-30
subsection 2, or121-31
under paragraph (c) of subsection 2, or to supplement the bond or deposit in121-32
lieu thereof if the121-33
692B.150.121-34
4. When the commissioner has issued a certificate of authority to a121-35
proposed insurer he shall release to the insurer any121-36
remaining in escrow for its account.121-37
5. The commissioner may in his discretion waive compliance with this121-38
section as to121-39
permit pursuant to NRS 692B.260, or in other circumstances where he121-40
deems such an escrow to be unnecessary for the protection of investors or121-41
the public.122-1
Sec. 215. NRS 692B.230 is hereby amended to read as follows: 692B.230 1. All sums collected by a domestic mutual corporation as122-3
premiums or fees on qualifying applications for insurance therein122-4
must be deposited in escrow with a bank , credit union or trust company122-5
located in this state under a written agreement filed with and approved by122-6
the commissioner.122-7
consistent with those of the solicitation permit and of the applicable122-8
provisions of this section and NRS 692B.250.122-9
2. Upon issuance to the corporation of a certificate of authority as an122-10
insurer for the kind of insurance for which such applications were solicited,122-11
all122-12
money of the insurer. Until the certificate of authority is issued,122-13
122-14
insurance as respectively entitled thereto.122-15
Sec. 216. NRS 695D.250 is hereby amended to read as follows: 695D.250 1. An organization for dental care shall set aside a reserve122-17
equal to 3 percent of the premiums collected from its members up to a total122-18
of $500,000. This reserve is in addition to the bond or deposit filed with the122-19
commissioner.122-20
2. This section does not apply to organizations receiving money from122-21
federal, state or municipal governments or their political subdivisions or122-22
another comparable resource which have had their deposit or bond reduced122-23
by the commissioner.122-24
3. Every organization shall maintain the reserves required by NRS122-25
681B.080, unless a larger amount is required by subsection 1 of this section.122-26
4. The reserve required by subsection 1 is held by the organization in a122-27
fiduciary capacity. The organization must deposit the reserve in an interest-122-28
bearing trust account established in a122-29
or savings and loan association in this state122-30
insured by a private insurer approved pursuant to NRS 678.755. The122-31
account must be separate from all other accounts maintained by the122-32
organization.122-33
5. Any person who diverts or appropriates reserves held in a fiduciary122-34
capacity pursuant to this section for his own use is guilty of embezzlement.122-35
6. The commissioner may adopt reasonable regulations related to the122-36
adequacy of a reserve required by this section and the establishment and122-37
maintenance of a trust account pursuant to this section.122-38
Sec. 217. NRS 695F.190 is hereby amended to read as follows: 695F.190 1. A prepaid limited health service organization shall set122-40
aside a reserve equal to 3 percent of the premiums collected from its122-41
enrollees in an amount not to exceed $500,000. The reserve is in addition to122-42
the bond or deposit filed with the commissioner.122-43
2. The reserve:123-1
(a) Must be deposited in a trust account in a123-2
institution which is located in this state123-3
or insured by a private insurer approved pursuant to NRS 678.755. The123-4
income earned on money in the account must be paid to the organization123-5
and used for its operations.123-6
(b) Is in addition to the reserve established by the organization according123-7
to good business and accounting practices for incurred but unreported123-8
claims and other similar claims.123-9
Sec. 218. NRS 696B.360 is hereby amended to read as follows: 696B.360 1. The123-11
proceeding under this chapter123-12
one or more state or national banks, savings banks , credit unions or trust123-13
companies, and in the case of the insolvency or voluntary or involuntary123-14
liquidation of any such depositary which is an institution organized and123-15
supervised under the laws of this state, such deposits123-16
to priority of payment on an equality with any other priority given by the123-17
banking laws of this state.123-18
2. The commissioner may in his discretion deposit123-19
money or any part thereof in a national bank , credit union or trust company123-20
as a trust fund.123-21
Sec. 219. NRS 706.3058 is hereby amended to read as follows: 706.3058 For the purposes of NRS 706.3056, the department may123-23
accept from the operator of a taxicab any one of the following forms of123-24
security, or any combination thereof:123-25
1. A time certificate of deposit with any bank or credit union licensed123-26
or chartered by this state or the Federal Government, made payable to the123-27
operator and the department.123-28
2. Bonds and securities issued or guaranteed by the Federal123-29
Government made payable to the operator and the department.123-30
3. A deposit in an amount required by NRS 706.3056 made with the123-31
state treasurer, with the department appointed as trustee of the deposit.123-32
4. A surety bond submitted on behalf of the operator by any surety123-33
company authorized to transact business in this state.123-34
5. Any other form of security, including the net worth of the operator,123-35
which is acceptable to the department.123-36
Sec. 220. Section 50 of Assembly Bill No. 584 of this session is123-37
hereby amended to read as follows:123-38
Sec. 50. NRS 360.510 is hereby amended to read as follows:123-39
360.510 1. If any person is delinquent in the payment of any123-40
tax or fee administered by the department or if a determination has123-41
been made against him which remains unpaid, the department may:123-42
(a) Not later than 3 years after the payment became delinquent or123-43
the determination became final; or124-1
(b) Not later than 5 years after the last recording of an abstract of124-2
judgment or of a certificate constituting a lien for tax owed,124-3
give a notice of the delinquency and a demand to transmit124-4
personally or by registered or certified mail to any person,124-5
including, without limitation, any officer or department of124-6
state or any political subdivision or agency of124-7
has in his possession or under his control any credits or other124-8
personal property belonging to the delinquent, or owing any debts124-9
to the delinquent or person against whom a determination has been124-10
made which remains unpaid, or owing any debts to the delinquent124-11
or that person. In the case of any state officer, department or124-12
agency, the notice must be given to the officer, department or124-13
agency before124-14
delinquent taxpayer to the state controller.124-15
2. A state officer, department or agency which receives such a124-16
notice may satisfy any debt owed to it by that person before it124-17
honors the124-18
3. After receiving the demand to transmit, the124-19
person notified by the demand may not transfer or otherwise124-20
dispose of the credits, other personal property, or debts in124-21
possession or under124-22
the notice until the department consents to a transfer or other124-23
disposition.124-24
4.124-25
transmit shall, within 10 days after receipt of the demand to124-26
transmit, inform the department of, and transmit to the department124-27
all such credits, other personal property, or debts in124-28
possession, under124-29
the time and in the manner requested by the department. Except as124-30
otherwise provided in subsection 5, no further notice is required to124-31
be served to124-32
5. If the property of the delinquent taxpayer consists of a series124-33
of payments owed to him, the person who owes or controls the124-34
payments shall transmit the payments to the department until124-35
otherwise notified by the department. If the debt of the delinquent124-36
taxpayer is not paid within 1 year after the department issued the124-37
original demand to transmit,124-38
demand to transmit to the person responsible for making the124-39
payments informing him to continue to transmit payments to the124-40
department or that his duty to transmit the payments to the124-41
department has ceased.125-1
6. If the notice of the delinquency seeks to prevent the transfer125-2
or other disposition of a deposit in a bank or credit union or other125-3
credits or personal property in the possession or under the control125-4
of a bank, credit union or other depository institution, the notice125-5
must be delivered or mailed to the branch or office of the bank,125-6
credit union or other depository institution at which the deposit is125-7
carried or at which the credits or personal property is held.125-8
7. If any person125-9
makes any transfer or other disposition of the property or debts125-10
required to be withheld or transmitted, to the extent of the value of125-11
the property or the amount of the debts thus transferred or paid, he is125-12
liable to the state for any indebtedness due pursuant to125-13
125-14
372A,125-15
NRS 482.313, or chapter 585 or 680B of NRS from the person with125-16
respect to whose obligation the notice was given if solely by reason125-17
of the transfer or other disposition the state is unable to recover the125-18
indebtedness of the person with respect to whose obligation the125-19
notice was given.125-20
Sec. 221. NRS 678.770 is hereby repealed.125-21
Sec. 222. Sections 76, 77, 90, 150 and 197 of this act become effective125-22
at 12:01 a.m. on October 1, 1999.
125-23
TEXT OF REPEALED SECTION678.770 Maintenance and retention of records.
125-25
1. All records of a credit union incorporated under this chapter shall be125-26
kept for a period of 6 years from the date of making the record or from the125-27
date of the last entry.125-28
2. A credit union is not required to receipt for payment, except as may125-29
be provided in the bylaws, nor is it necessary to endorse a note showing date125-30
of payments or balance due.~