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.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

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

 

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

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

1-2 673.276 An association may invest in:

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

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

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

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

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

1-8 eligible to be a member.

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

1-10 Loan Bank or Banks.

1-11 5. Stock or obligations of the Federal Deposit Insurance Corporation.

1-12 6. Stock or obligations of a national mortgage association or any

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

1-14 Association.

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

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

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

2-4 private insurer approved pursuant to NRS 678.755.

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

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

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

2-8 purposes or powers.

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

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

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

2-12 Corporation.

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

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

2-15 corporation or political subdivision of any state.

2-16 11. Capital stock and other securities of:

2-17 (a) A state development corporation organized under the provisions of

2-18 chapter 670 of NRS.

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

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

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

2-22 under NRS 670A.200.

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

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

2-25 by the Federal Deposit Insurance Corporation.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

3-1 established hereafter, whether or not time deposit-open account or deposit

3-2 evidenced by a certificate of deposit, must not be considered as cash for

3-3 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 in

3-6 the same bank [,] or credit union, does not exceed the greater of [one-

3-7 quarter] :

3-8 (1) One-quarter of 1 percent of the [bank’s] total deposits of the bank

3-9 or credit union as of the [bank’s] last published statement of condition of

3-10 the bank or credit union; or [$15,000;]

3-11 (2) Fifteen thousand dollars; and

3-12 (c) No consideration was received from a third party in connection with

3-13 the making of the deposit.

3-14 3. An association must not make or purchase any loan, other than

3-15 advances on the sole security of its savings accounts, at any time when its

3-16 liquidity drops below the required level. For the purpose of this section, a

3-17 loan is deemed to have been made as of the date the borrower executed the

3-18 security instrument, and a loan is deemed to have been purchased as of the

3-19 date of the payment therefor.

3-20 Sec. 3. NRS 676.220 is hereby amended to read as follows:

3-21 676.220 Each licensee shall:

3-22 1. Open and maintain a separate trust account in a state [bank] or

3-23 national bank or credit union doing business in this state. All money

3-24 received from debtors for the benefit of creditors must be deposited in, and

3-25 all payments to creditors must be disbursed from, this account.

3-26 2. Keep and use such books and accounting records as are in accord

3-27 with sound and accepted accounting practices.

3-28 3. Maintain a separate record or ledger card for the account of each

3-29 debtor, showing the amount of money received from and disbursed on

3-30 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 of

3-33 money and showing the amount of money disbursed in accordance with the

3-34 appropriate debt-adjustment contract.

3-35 5. Preserve all books and accounting records for at least 7 years after

3-36 making the final entry therein.

3-37 Sec. 4. NRS 677.230 is hereby amended to read as follows:

3-38 677.230 1. Except as otherwise provided in subsection 2, the

3-39 commissioner may establish the basis upon which reasonable and adequate

3-40 reserves must be created and maintained, which must be no less than 3

3-41 percent of the deposits, in [cash] :

4-1 (a) Cash and due from federally insured financial institutions in this
4-2 state , financial institutions insured by a private insurer approved

4-3 pursuant to NRS 678.755, or any Federal Reserve Bank [, in] ;

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

4-5 (c) Short-term obligations of the federal or state government ; or

4-6 [money]

4-7 (d) Money deposited in federally insured financial institutions in this

4-8 state , financial institutions insured by a private insurer approved

4-9 pursuant to NRS 678.755, or any Federal Reserve Bank.

4-10 For the purposes of this subsection, "short-term" means having a maturity of

4-11 2 years or less.

4-12 2. The commissioner shall require a licensee who is insured by the

4-13 Federal Deposit Insurance Corporation to comply with the reserve

4-14 requirements established by that insurer.

4-15 Sec. 5. NRS 677.570 is hereby amended to read as follows:

4-16 677.570 When the commissioner takes possession of the property and

4-17 business of any company for the purpose of liquidation or conservation, he

4-18 may liquidate or conserve the company. In such a liquidation or

4-19 conservation the commissioner has the same authority with reference to

4-20 licensees as are vested in the commissioner by Title 55 of NRS with

4-21 reference to banks and in addition may deposit money coming into his

4-22 hands in the course of liquidation in one or more state or national banks [.]

4-23 or credit unions.

4-24 Sec. 6. NRS 677.600 is hereby amended to read as follows:

4-25 677.600 A licensee shall not deposit any of its money with any other

4-26 moneyed corporation, unless that corporation has been designated as a

4-27 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 the

4-29 depository so designated. Such a depository must be a federally insured

4-30 financial institution , a financial institution insured by a private insurer

4-31 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:

4-33 677.610 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 or

4-37 3. To the extent of 5 percent or less of its total assets, in preferred stock

4-38 of corporations which have been given a rating of "A" or better by a

4-39 national rating service and which are not in default in the payment of

4-40 dividends.

5-1 Sec. 8. NRS 678.260 is hereby amended to read as follows:

5-2 678.260 The commissioner shall:

5-3 1. Adopt a regulation establishing the minimum surety bond required of

5-4 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 must

5-6 keep and prescribes the period for which those records must be retained.

5-7 3. Maintain the original application of every credit union in a

5-8 permanent file.

5-9 [3.] 4. Maintain for at least 6 years, every report filed by a credit union

5-10 with the division of financial institutions.

5-11 [4.] 5. Except as otherwise provided in NRS 678.800 and 678.810,

5-12 deposit all fees, charges for expenses, assessments and other money which

5-13 is collected pursuant to the provisions of this chapter or any regulation

5-14 adopted thereunder, in the state treasury for credit to the state general fund.

5-15 [5.] 6. Prepare copies of articles of incorporation and bylaws consistent

5-16 with the provisions of this chapter which may be used by persons interested

5-17 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 of

5-22 credit unions;

5-23 2. Perform such tasks and missions as may be requested by the Federal

5-24 Government, the State of Nevada or any agency or political subdivision

5-25 thereof , including, without limitation, a city, county or school district,

5-26 when approved by the board of directors and not inconsistent with the

5-27 provisions of this chapter;

5-28 3. Act as fiscal agent for and receive deposits from the Federal

5-29 Government, [or any of the subdivisions thereof;] the State of Nevada or an

5-30 agency or political subdivision thereof, including, without limitation, a

5-31 city, county or school district; and

5-32 4. Perform trust services for its members, including the trust estates of

5-33 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 NRS

5-37 678.670 and 678.680, all assets except the following are considered risk

5-38 assets:

5-39 1. Cash on hand;

5-40 2. Deposits or shares in federal or state banks, savings and loan

5-41 associations and credit unions;

6-1 3. Assets which are insured by, fully guaranteed as to principal and

6-2 interest by, or due from the [U.S.] United States Government, its agencies,

6-3 the Federal National Mortgage Association or the Government National

6-4 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 the

6-7 shares of the member applying therefor;

6-8 6. Loans to students insured under the provisions of the Higher

6-9 Education Act of 1965 , [(] 20 U.S.C. §§ 1071 et seq. , [)] or similar state

6-10 insurance programs;

6-11 7. Loans insured under the National Housing Act, as amended , [(] 12

6-12 U.S.C. § 1703 , [)] by the Federal Housing Administration;

6-13 8. Shares or deposits in central credit unions organized under the

6-14 provisions of NRS 678.850, or of any other state law or the Federal Credit

6-15 Union Act of 1934, as amended , [(] 12 U.S.C. §§ 1751 et seq. , [);]

6-16 9. Common trust investments which deal in investments authorized by

6-17 this chapter;

6-18 10. Prepaid expenses;

6-19 11. Accrued interest on nonrisk investments;

6-20 12. Furniture and equipment; [and]

6-21 13. Land and buildings [.] ; and

6-22 14. A deposit for insurance for members’ accounts required pursuant

6-23 to subsection 3 of NRS 678.750.

6-24 Sec. 11. NRS 678.730 is hereby amended to read as follows:

6-25 678.730 1. A credit union may make loans to its directors and to

6-26 members of its committees, except that any loan or aggregate of loans to any

6-27 one director or member of a committee which is more than [$10,000]

6-28 $30,000 plus pledged shares must be approved by the board.

6-29 2. A credit union may permit its directors and members of its

6-30 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 any

6-32 outstanding loan to the guarantor is more than [$10,000,] $30,000, approval

6-33 of the board is required.

6-34 Sec. 12. NRS 678.760 is hereby amended to read as follows:

6-35 678.760 Money not used in loans to members may be invested in:

6-36 1. Securities, obligations, participations or other instruments of or

6-37 issued by or fully guaranteed as to principal and interest by the United

6-38 States of America or any agency thereof or in any trust or trusts established

6-39 for investing directly or collectively in these instruments;

6-40 2. Obligations of this state or any political subdivision thereof [;] ,

6-41 including, without limitation, a city, county or school district;

6-42 3. Certificates of deposit or passbook type accounts issued by a state or

6-43 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 by

7-2 the bylaws;

7-3 5. Capital shares, obligations or preferred stock issues of any agency or

7-4 association organized either as a stock company, mutual association or

7-5 membership corporation if the membership or stockholdings, as the case

7-6 may be, of the agency or association are confined or restricted to credit

7-7 unions or organizations of credit unions, and the purposes for which the

7-8 agency or association is organized are designed to service or otherwise

7-9 assist credit union operations;

7-10 6. Shares of a cooperative society organized under the laws of this state

7-11 or the United States in a total amount not exceeding 10 percent of the

7-12 shares, deposits and surplus of the credit union;

7-13 7. Capital stock and other securities of a corporation for economic

7-14 revitalization and diversification organized under the provisions of chapter

7-15 670A of NRS, if the credit union is a member of the corporation, and to the

7-16 extent of its loan limit established under NRS 670A.200;

7-17 8. Stocks and bonds of United States corporations to a maximum of 5

7-18 percent of unallocated reserves, except that such an investment must be

7-19 limited to stocks or bonds yielding income which are approved by the

7-20 commissioner; [and]

7-21 9. Loans to any credit union association, national or state, of which the

7-22 credit union is a member, except that such an investment must be limited to

7-23 1 percent of the shares, capital deposits and unimpaired surplus of the credit

7-24 union [.] ; and

7-25 10. Negotiable obligations of federal or state banks.

7-26 Sec. 13. NRS 11.290 is hereby amended to read as follows:

7-27 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 any

7-29 bank, credit union, banker, trust company or savings and loan society, there

7-30 is no limitation.

7-31 Sec. 14. NRS 31.291 is hereby amended to read as follows:

7-32 31.291 1. Debts and credits, due or to become due, from a bank

7-33 incorporated under the laws of the State of Nevada or the laws of the United

7-34 States of America, or other personal property held by the bank must be

7-35 garnished by serving a copy of the writ of garnishment on one of the

7-36 following officers of the bank:

7-37 (a) If the bank has no branches, trust department or military facility, on

7-38 the president, vice president, assistant vice president, cashier, assistant

7-39 cashier, manager or other managing officer in charge of the bank owing the

7-40 debts, or having in its possession or under its control the credits or other

7-41 personal property.

8-1 (b) If the bank has branches or military facilities owing the debts or

8-2 having in its possession or under its control the credits or other personal

8-3 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 of

8-5 the military facility. Service on that officer or agent constitutes a valid levy

8-6 on any debt, credit or other personal property owing by any branch or

8-7 military facility of the bank.

8-8 (c) If the bank has a trust department owing the debts or having in its

8-9 possession or under its control the credits or other personal property, on the

8-10 vice president and trust officer, trust officer, assistant trust officer or other

8-11 managing officer of the trust department.

8-12 2. Debts and credits due or to become due from a credit union or

8-13 savings and loan association incorporated under the laws of the State of

8-14 Nevada or the laws of the United States of America or other personal

8-15 property and choses in action held by the credit union or savings and loan

8-16 association must be garnished by serving the writ of garnishment in the

8-17 same manner as upon banks pursuant to subsection 1.

8-18 3. A garnishment pursuant to this section creates a lien only upon the

8-19 amounts in the accounts or to the credit of the debtor at the time of service

8-20 of the writ of garnishment. An item in the process of collection is included

8-21 in the amount of an account unless the item is returned unpaid. Money in the

8-22 accounts that the garnishee has declared under oath and in answers to

8-23 interrogatories to be exempt from execution is not included in the amount of

8-24 the account.

8-25 4. No garnishment may occur until the defendant has been served with

8-26 the notice of execution in substantially the form prescribed in NRS 31.045

8-27 and in the manner prescribed in NRS 21.076.

8-28 Sec. 15. NRS 80.015 is hereby amended to read as follows:

8-29 80.015 1. For the purposes of this chapter, the following activities do

8-30 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 or

8-33 carrying on other activities concerning internal corporate affairs;

8-34 (c) Maintaining [bank accounts;] accounts in banks or credit unions;

8-35 (d) Maintaining offices or agencies for the transfer, exchange and

8-36 registration of the corporation’s own securities or maintaining trustees or

8-37 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 in

8-40 response to letters, circulars, catalogs or other forms of advertising,

8-41 accepting those orders outside of this state and filling them by shipping

8-42 goods into this state;

9-1 (g) Creating or acquiring indebtedness, mortgages and security interests

9-2 in real or personal property;

9-3 (h) Securing or collecting debts or enforcing mortgages and security

9-4 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 a

9-7 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 pursuant

9-10 to the provisions of Title 55 of NRS; and

9-11 (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 meaning

9-14 of this section need not qualify or comply with any provision of NRS

9-15 80.010 to [80.270,] 80.280, inclusive, chapter 645A or 645B of NRS or

9-16 Title 55 or 56 of NRS unless he:

9-17 (a) Maintains an office in this state for the transaction of business; or

9-18 (b) Solicits or accepts deposits in the state, except pursuant to the

9-19 provisions of chapter 666 or 666A of NRS.

9-20 Sec. 16. NRS 91.110 is hereby amended to read as follows:

9-21 91.110 "Financial institution" means a bank, credit union, savings

9-22 institution or trust company organized under, or supervised pursuant to, the

9-23 laws of the United States or of any state.

9-24 Sec. 17. NRS 100.060 is hereby amended to read as follows:

9-25 100.060 It [shall be] is lawful for any party of whom a bond,

9-26 undertaking or other obligation is required, to agree with his surety or

9-27 sureties for the deposit of any [or all moneys] money and assets for which

9-28 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 by

9-30 law to do business as such, or with [other] another depository approved by

9-31 the court or a judge thereof, if [such] the deposit is otherwise proper, for the

9-32 safekeeping thereof, and in such manner as to prevent the withdrawal of

9-33 [such] the money or assets or any part thereof, without the written consent

9-34 of [such] the surety or sureties, or an order of court or a judge thereof, made

9-35 on such notice to [such] the surety or sureties as [such] the court or judge

9-36 may direct; but [such agreement shall] the agreement does not in any

9-37 manner release from or change the liability of the principal or sureties as

9-38 established by the terms of the bond.

9-39 Sec. 18. NRS 100.065 is hereby amended to read as follows:

9-40 100.065 1. In lieu of any cash payment or surety bond required as

9-41 protection for the State of Nevada, the person required to provide the cash

9-42 payment or surety bond may deposit with the state treasurer, unless a

9-43 different custodian is named by specific statute:

10-1 (a) Bonds of the United States or of the State of Nevada of an actual

10-2 market value of not less than the amount of the required cash payment or

10-3 surety bond;

10-4 (b) A letter of credit from a bank, savings bank , credit union or savings

10-5 and loan association situated in Nevada, which meets the requirements set

10-6 for that purpose by the state treasurer; or

10-7 (c) A savings certificate, certificate of deposit or investment certificate of

10-8 a bank, savings bank , credit union or savings and loan association situated

10-9 in Nevada, which must indicate an account of an amount not less than the

10-10 amount of the required cash payment or surety bond and, except as

10-11 otherwise provided by specific statute, that the amount is not available for

10-12 withdrawal except by direct order of the state treasurer.

10-13 2. Whenever a savings certificate, certificate of deposit or investment

10-14 certificate is deposited as provided in this section, interest earned on the

10-15 certificate accrues to the account of the depositor.

10-16 3. If a surety bond is provided as protection for the State of Nevada, the

10-17 bond must be issued by an insurer who is authorized or otherwise allowed

10-18 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:

10-20 117.065 Any person who receives fees from a purchaser of a

10-21 condominium for the maintenance of the project shall:

10-22 1. Immediately deposit [such moneys] the money in a separate

10-23 custodial account maintained by him with some bank , credit union or

10-24 recognized depositary in this state.

10-25 2. Keep records of all such [moneys] money deposited therein.

10-26 Sec. 20. NRS 142.020 is hereby amended to read as follows:

10-27 142.020 1. Except as otherwise provided in subsection 6, the

10-28 requirement of a bond of an executor, administrator or successor executor or

10-29 administrator is discretionary with the court. Whether a bond is expressly

10-30 required by the will or not, the court may:

10-31 (a) Require a bond if it determines a bond is desirable; or

10-32 (b) Dispense with the requirement of a bond if it determines a bond is

10-33 unnecessary.

10-34 2. The bond must be conditioned that the executor or administrator will

10-35 faithfully execute the duties of the trust according to law, and the bond must

10-36 be recorded by the clerk.

10-37 3. Personal assets of an estate may be deposited with a domestic

10-38 banking or trust corporation or credit union upon such terms as may be

10-39 prescribed by order of the court having jurisdiction of the estate. The

10-40 deposit is subject to the further order of the court. The bond of the executor

10-41 or administrator may be reduced accordingly.

11-1 4. During the pendency of the administration, any person, including a

11-2 creditor, having an interest in the estate whose value exceeds $10,000 may

11-3 make a written demand that the executor, administrator or any successor

11-4 submit a bond. Upon receipt of the demand, the executor, administrator or

11-5 any successor shall refrain from exercising any powers, except those

11-6 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 amount

11-8 which is greater than the amount of the claim of the person having an

11-9 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 personal

11-12 property plus income for 1 year from both real and personal property, unless

11-13 the amount of the bond is expressly mentioned in the will, changed by the

11-14 court, or required pursuant to subsection 4.

11-15 6. If a banking corporation, as defined in NRS 657.016, or trust

11-16 company, as defined in NRS 669.070, doing business in this state is

11-17 appointed executor or administrator of the estate of a deceased, no bond is

11-18 required of the executor or administrator, unless otherwise specifically

11-19 required by the court.

11-20 Sec. 21. NRS 143.175 is hereby amended to read as follows:

11-21 143.175 Executors and administrators may, without court approval,

11-22 deposit or invest [funds] money of the estate in:

11-23 1. United States treasury notes, bills or bonds;

11-24 2. Negotiable commercial paper, not exceeding 180 days maturity, of

11-25 prime quality as defined by a nationally recognized organization which rates

11-26 such securities;

11-27 3. Bankers’ acceptances;

11-28 4. Savings accounts or certificates of deposit in national banks, banks

11-29 chartered by the State of Nevada, federal credit unions, credit unions

11-30 chartered by the State of Nevada, federal savings and loan associations or

11-31 savings and loan associations chartered by the State of Nevada; or

11-32 5. Any other investment in which an executor or administrator is

11-33 authorized by law or by a will to invest [moneys or funds] money under his

11-34 control.

11-35 Sec. 22. NRS 144.020 is hereby amended to read as follows:

11-36 144.020 1. The executor or administrator may engage a qualified and

11-37 disinterested appraiser to ascertain the fair market value, as of the

11-38 decedent’s death, of any asset the value of which is subject to reasonable

11-39 doubt. Different persons may be engaged to appraise different kinds of

11-40 assets included in the estate.

11-41 2. Any such appraiser is entitled to a reasonable compensation for his

11-42 appraisal and may be paid the compensation by the executor or

11-43 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 as

12-2 money, deposits in banks [,] or credit unions, bonds, policies of life

12-3 insurance or securities for money or evidence of indebtedness, [when the

12-4 same is] which are equal in value to money, the executor or administrator

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:

12-7 159.117 1. Upon approval of the court by order, a guardian of the

12-8 estate may:

12-9 (a) Invest the property of the ward, make loans and accept security

12-10 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 or

12-12 other property.

12-13 2. A guardian of the estate may, without securing the prior approval of

12-14 the court, invest the property of the ward in the following:

12-15 (a) Savings accounts in any bank , credit union or savings and loan

12-16 association in this state, to the extent that [such] the deposits are insured by

12-17 the Federal Deposit Insurance Corporation [.] , the National Credit Union

12-18 Share Insurance Fund or a private insurer approved pursuant to NRS

12-19 678.755.

12-20 (b) Interest-bearing obligations of or fully guaranteed by the United

12-21 States.

12-22 (c) Interest-bearing obligations of the United States Postal Service.

12-23 (d) Interest-bearing obligations of the Federal National Mortgage

12-24 Association.

12-25 (e) Interest-bearing general obligations of this state.

12-26 (f) Interest-bearing general obligations of any county, city or school

12-27 district of this state.

12-28 (g) Money market mutual funds which are invested only in those

12-29 instruments listed in paragraphs (a) to (f), inclusive.

12-30 3. A guardian of the estate for two or more wards may invest the

12-31 property of two or more of the wards in property in which each ward whose

12-32 property is so invested has an undivided interest. The guardian shall keep a

12-33 separate record showing the interest of each ward in the investment and in

12-34 the income, profits or proceeds therefrom.

12-35 Sec. 24. NRS 163.150 is hereby amended to read as follows:

12-36 163.150 Where a person who is a trustee of two or more trusts has

12-37 mingled the [funds] money of two or more trusts in the same aggregate of

12-38 cash, or in the same bank , credit union or brokerage account or other

12-39 investment, and a withdrawal is made therefrom by the trustee for his own

12-40 benefit, or for the benefit of a third person not a beneficiary or creditor of

12-41 one or more of the trusts, or for an unknown purpose, [such a withdrawal

12-42 shall] the withdrawal must be charged first to the amount of cash, credit, or

12-43 other property of the trustee in the mingled fund, if any, and after the

13-1 exhaustion of the trustee’s cash, credit, or other property, then to the

13-2 [several] trusts in proportion to their [several] interests in the cash, credit, or

13-3 other property at the time of the withdrawal.

13-4 Sec. 25. NRS 209.201 is hereby amended to read as follows:

13-5 209.201 1. The prison revolving account in the sum of $10,000 is

13-6 hereby created, and may be used for the payment of bills requiring

13-7 immediate payment and for the issuance of money to assist newly released

13-8 or paroled offenders, and for no other purposes.

13-9 2. The director may deposit the prison revolving account in one or more

13-10 banks or credit unions of reputable standing.

13-11 3. Payments made from the prison revolving account must be promptly

13-12 reimbursed from appropriated money of the department on claims as other

13-13 claims against the state are paid.

13-14 Sec. 26. NRS 209.248 is hereby amended to read as follows:

13-15 209.248 1. The department of prisons shall establish in any insured

13-16 bank , credit union or savings and loan association doing business in this

13-17 state an account for disbursements to offenders. The balance in the account

13-18 must not exceed $600,000. Money in the account may be expended only for

13-19 the payment of transactions involving offenders’ trust funds.

13-20 2. Payments made from the account for disbursements to offenders must

13-21 be promptly reimbursed from money in the appropriate fund on deposit with

13-22 the state treasurer.

13-23 Sec. 27. NRS 210.160 is hereby amended to read as follows:

13-24 210.160 1. The superintendent may accept money and other valuables

13-25 of inmates for safekeeping pending their discharges, and shall deposit any

13-26 such money in a trust fund which he shall establish in a bank , credit union

13-27 or savings and loan association qualified to receive deposits of public

13-28 money. He shall keep a full account of any such money and valuables, and

13-29 shall submit reports to the administrator relative to them as may be required

13-30 from time to time.

13-31 2. The superintendent may transfer the amount of any uncashed check

13-32 issued by the school to an inmate to the youth training center’s gift account

13-33 after 1 year from the date the check was issued. Each check so issued must

13-34 be stamped "void after 1 year from date of issue."

13-35 Sec. 28. NRS 210.170 is hereby amended to read as follows:

13-36 210.170 1. The superintendent, subject to the approval of the

13-37 administrator, may establish an inmates’ commissary or store for the benefit

13-38 and use of the inmates. So far as practicable, sales of supplies and materials

13-39 to the inmates must be at cost. The superintendent shall keep, or cause to be

13-40 kept, a record of all transactions of the commissary.

13-41 2. The youth training center commissary fund is hereby created, and

13-42 must be used to purchase supplies and materials for resale to the inmates, to

13-43 provide money for needy inmates, and for other incidentals as may be

14-1 deemed necessary by the superintendent. All money drawn from the fund

14-2 must be repaid wherever possible.

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

14-4 insured banks [or in insured] credit unions or savings and loan associations

14-5 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:

14-7 210.540 1. [Moneys] Money to carry out the provisions of NRS

14-8 210.400 to 210.715, inclusive, [shall] must be provided by legislative

14-9 appropriation from the general fund.

14-10 2. All [moneys] money in any fund in the state treasury available to the

14-11 school [shall] must be paid out on claims approved by the superintendent as

14-12 other claims against the state are paid.

14-13 3. All [moneys] money on deposit in banks [, which are] or credit

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

14-15 signed by the superintendent or by a deputy designated by him for the

14-16 purpose.

14-17 Sec. 30. NRS 210.560 is hereby amended to read as follows:

14-18 210.560 1. The superintendent may accept money and other valuables

14-19 of inmates for safekeeping pending their discharges, and shall deposit any

14-20 such money in a trust fund which he shall establish in a bank , credit union

14-21 or [in a] savings and loan association qualified to receive deposits of public

14-22 money. The superintendent shall keep a full account of any such money and

14-23 valuables, and shall submit reports to the administrator relative to them as

14-24 may be required from time to time.

14-25 2. The superintendent may transfer the amount of any uncashed check

14-26 issued by the school to an inmate to the Caliente youth center’s gift account

14-27 after 1 year from the date the check was issued. Each check so issued must

14-28 be stamped "void after 1 year from date of issue."

14-29 Sec. 31. NRS 210.570 is hereby amended to read as follows:

14-30 210.570 1. The superintendent, subject to the approval of the

14-31 administrator, may establish an inmates’ commissary or store for the benefit

14-32 and use of the inmates. So far as practicable, sales of supplies and materials

14-33 to the inmates must be at cost. The superintendent shall keep, or cause to be

14-34 kept, a record of all transactions of the commissary.

14-35 2. The Caliente youth center commissary fund is hereby created, and

14-36 must be used to purchase supplies and materials for resale to the inmates, to

14-37 provide money for needy inmates, and for such other incidentals as may be

14-38 deemed necessary by the superintendent. All money from the fund must be

14-39 repaid wherever possible.

14-40 3. The superintendent shall deposit any money received for the fund in

14-41 [a bank or in an insured] an insured bank, credit union or savings and loan

14-42 association qualified to receive deposits of public money under the

15-1 provisions of chapter 356 of NRS, and the deposit must be secured by a

15-2 depository bond satisfactory to the state board of examiners.

15-3 4. The superintendent may maintain a small sum as petty cash at the

15-4 commissary.

15-5 Sec. 32. NRS 210.750 is hereby amended to read as follows:

15-6 210.750 1. Each person who is paroled from the Nevada youth

15-7 training center or the Caliente youth center must be placed in a reputable

15-8 home and in either an educational or work program or both. The chief of the

15-9 youth parole bureau may pay the expenses incurred in providing alternative

15-10 placements for residential programs and for structured nonresidential

15-11 programs from money appropriated to the bureau for that purpose.

15-12 2. The chief may accept money of parolees for safekeeping pending

15-13 their discharges from parole. The chief must deposit the money in [federally

15-14 insured] accounts in banks , credit unions or savings and loan associations

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

15-16 pursuant to NRS 678.755. He shall keep or cause to be kept a fair and full

15-17 account of the money, and shall submit such reports concerning the

15-18 accounts to the administrator of the division of child and family services of

15-19 the department of human resources as the administrator may require.

15-20 3. When any person so paroled has proven his ability to make an

15-21 acceptable adjustment outside the center or, in the opinion of the chief, is no

15-22 longer amenable to treatment as a juvenile, the chief shall apply to the

15-23 committing court for a dismissal of all proceedings and accusations pending

15-24 against the person.

15-25 4. Before the chief recommends that the committing court revoke a

15-26 person’s parole, he shall ascertain from the superintendent of the

15-27 appropriate center whether adequate facilities remain available at the center

15-28 to provide the necessary care for the person. If the superintendent advises

15-29 that there are not such facilities available, that there is not enough money

15-30 available for support of the person at the center or that the person is not

15-31 suitable for admission to the center, the chief shall report that fact to the

15-32 administrator of the division of child and family services, who shall

15-33 recommend a suitable alternative to the court.

15-34 Sec. 33. NRS 211.380 is hereby amended to read as follows:

15-35 211.380 1. The sheriff of each county may accept money and

15-36 valuables in the physical possession of a prisoner at the time he is taken into

15-37 custody. The sheriff shall account separately for all money so accepted and

15-38 deposit the money in a trust fund which he has established in a bank , credit

15-39 union or savings and loan association qualified to receive deposits of public

15-40 money. During the time of the prisoner’s incarceration, the sheriff may also

15-41 accept and deposit in the trust fund money belonging to the prisoner which

15-42 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 the

16-3 money and valuables, and shall submit reports to the board of county

16-4 commissioners relating to the money and valuables as may be required from

16-5 time to time.

16-6 (b) May permit withdrawals for immediate expenditure by a prisoner for

16-7 personal needs, for payment to a person who is not incarcerated in the jail or

16-8 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 pay

16-11 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, after

16-13 deducting any applicable charges, must be credited to the account

16-14 established for the commissary pursuant to NRS 211.360. If a commissary

16-15 has not been established, the interest and income earned must be deposited

16-16 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:

16-18 218.644 1. The legislative counsel bureau shall maintain a checking

16-19 account in any qualified bank or credit union for the purposes of providing

16-20 advance money and reimbursement to legislators and employees for travel

16-21 expenses, paying the salaries of persons on the payroll of the legislative

16-22 branch of government, related payroll costs and any other expenses directed

16-23 by the legislative commission. The account must be secured by a depository

16-24 bond to the extent the account is not insured by the Federal Deposit

16-25 Insurance Corporation [.] , the National Credit Union Share Insurance

16-26 Fund or a private insurer approved pursuant to NRS 678.755. All checks

16-27 written on this account must be signed by the chairman of the legislative

16-28 commission and the director of the legislative counsel bureau or his

16-29 designee, except that during a regular session of the legislature, the majority

16-30 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 of

16-32 the legislative fund upon the accrued salary, subsistence allowance and

16-33 travel expenses of the legislator or employee in an amount equal to the sum

16-34 advanced.

16-35 3. The legislator or employee is entitled to receive upon request any

16-36 authorized travel expenses in excess of the amount advanced. The legislator

16-37 or employee shall reimburse the legislative fund any amount advanced that

16-38 is not used for reimbursable travel expenses.

16-39 Sec. 35. NRS 228.099 is hereby amended to read as follows:

16-40 228.099 1. There is hereby created a revolving account for the office

16-41 of attorney general in the sum of $5,000, which must be used for payment of

16-42 expenses related to litigation which are unexpected and require prompt

16-43 payment and for no other purposes.

17-1 2. The attorney general shall deposit the money in the revolving

17-2 account in a bank or credit union qualified to receive deposits of public

17-3 [funds] money as provided by law and the deposit must be secured by a

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 upon

17-6 the revolving account.

17-7 4. Payments made from the revolving account must be promptly

17-8 reimbursed from the legislative appropriation, if any, to the attorney general

17-9 for special litigation expenses. The claim for reimbursement must be

17-10 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:

17-12 244.207 1. Notwithstanding any other provision of law, the boards of

17-13 county commissioners in their respective counties may establish by

17-14 ordinance central receiving and disbursing systems for the handling of

17-15 county money and money held in trust by the county or by any of its elected

17-16 or appointed officers. Such systems may include, but are not limited to, the

17-17 following:

17-18 (a) The commingling of all the money from any source if the accounting

17-19 system employed supplies full information concerning the sources of the

17-20 money.

17-21 (b) The elimination of departmental accounts in an insured bank

17-22 [accounts, or accounts in insured] , credit union or savings and loan

17-23 [associations] association by commingling the money in an account or

17-24 accounts maintained by the county treasurer.

17-25 (c) The elimination of trust [bank] accounts in a bank or credit union,

17-26 created for any reason [whatsoever,] as long as adequate records are

17-27 maintained to identify fully all trust money. The money previously held in

17-28 such trust [bank] accounts may be commingled with other money held in

17-29 [bank] accounts maintained in a bank or credit union by the county

17-30 treasurer.

17-31 (d) The centralization of all disbursing of all money, including trust

17-32 money, if the accounting system employed supplies full information

17-33 concerning the disposition of the money.

17-34 (e) The centralization of part or all of billing and collection aspects of

17-35 business licenses, personal property and any other activity of any of the

17-36 offices of the county that involves billing for services, taxes or fees imposed

17-37 by statute or ordinance, or the collection of money in payment of such

17-38 billings.

17-39 (f) In a county whose population is 100,000 or more, the centralization

17-40 of part or all of the billing and collection aspects of any fine, fee, bail or

17-41 forfeiture imposed by a court and any payment ordered by a court pursuant

17-42 to NRS 178.3975.

18-1 2. Investment income from the commingled money [will] must be

18-2 credited to the general fund of the county if other provisions of law or

18-3 contract do not require other allocation of [such] the investment income.

18-4 3. [Nothing in this section:

18-5 (a) Eliminates] This section does not:

18-6 (a) Eliminate the reporting requirements of various elected and

18-7 appointed officials relating to the receipt and disposition of money.

18-8 (b) [Limits] Limit the right of a local government as defined in NRS

18-9 354.474, but not including a county, whose money is held in trust by the

18-10 county to direct the receipt, disbursement and investment of its money

18-11 independently of the system provided for in this section, where [such] the

18-12 independent direction is otherwise authorized by law.

18-13 Sec. 37. NRS 244A.721 is hereby amended to read as follows:

18-14 244A.721 1. The county may provide that proceeds from the sale of

18-15 bonds and special funds from the revenues of the project must be invested

18-16 and reinvested in such securities and other investments, whether or not any

18-17 such investment or reinvestment is authorized under any other law of this

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

18-19 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 interest

18-22 of which is unconditionally guaranteed by the United States of America.

18-23 (c) Obligations issued or guaranteed as to principal and interest by any

18-24 agency or person controlled or supervised by and acting as an

18-25 instrumentality of the United States of America pursuant to authority

18-26 granted by the Congress of the United States of America.

18-27 (d) Obligations issued or guaranteed by any state of the United States of

18-28 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 or

18-33 guaranteed as to principal and interest by the United States of America or by

18-34 any person controlled or supervised by and acting as an instrumentality of

18-35 the United States of America pursuant to authority granted by the Congress

18-36 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 its

18-42 equivalent; and

19-1 (3) Invest only in securities issued or guaranteed as to payment of

19-2 principal and interest by the Federal Government, or its agencies or

19-3 instrumentalities, or in repurchase agreements that are fully collateralized by

19-4 [such] the securities.

19-5 2. The county may also provide that such proceeds or funds or

19-6 investments and the payments payable under the lease, the agreement of sale

19-7 or the financing agreement must be received, held and disbursed by one or

19-8 more banks , credit unions or trust companies located within or out of this

19-9 state.

19-10 Sec. 38. NRS 266.515 is hereby amended to read as follows:

19-11 266.515 1. The treasurer, or the county treasurer when acting as ex

19-12 officio city treasurer, shall keep all money belonging to the city separate

19-13 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 or [insured] savings and

19-15 loan associations are located in the city, deposit, with unanimous consent of

19-16 his bondsmen, city money in such banks , credit unions or savings and loan

19-17 associations in demand or time accounts. When no such banks , credit

19-18 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 insured

19-20 bank, [or any insured] credit union or savings and loan association in the

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 as

19-23 the governing board of the city may prescribe and under such terms and

19-24 conditions for the protection of the money as the governing board may

19-25 determine, not inconsistent with other laws of the State of Nevada regulating

19-26 the deposit of public money.

19-27 3. The balances in banks , credit unions or savings and loan

19-28 associations, as certified to by the proper officer thereof, and by the oath of

19-29 the city treasurer, may be counted as cash.

19-30 Sec. 39. NRS 268.025 is hereby amended to read as follows:

19-31 268.025 Any incorporated city or other local government may deposit

19-32 any money under the control of its treasurer in any insured state or national

19-33 bank, [or in any insured] credit union or savings and loan association which

19-34 has an office within the State of Nevada.

19-35 Sec. 40. NRS 268.540 is hereby amended to read as follows:

19-36 268.540 1. Unless prohibited by its charter, the city may provide that

19-37 proceeds from the sale of bonds and special funds from the revenues of the

19-38 project be invested and reinvested in such securities and other investments,

19-39 whether or not any such investment or reinvestment is authorized under any

19-40 other law of this state, as provided in the proceedings under which the

19-41 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 interest

20-2 of which is unconditionally guaranteed by the United States of America.

20-3 (c) Obligations issued or guaranteed as to principal and interest by any

20-4 agency or person controlled or supervised by and acting as an

20-5 instrumentality of the United States of America pursuant to authority

20-6 granted by the Congress of the United States of America.

20-7 (d) Obligations issued or guaranteed by any state of the United States of

20-8 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 or

20-13 guaranteed as to principal and interest by the United States of America or by

20-14 any person controlled or supervised by and acting as an instrumentality of

20-15 the United States of America pursuant to authority granted by the Congress

20-16 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 its

20-22 equivalent; and

20-23 (3) Invest only in securities issued or guaranteed as to payment of

20-24 principal and interest by the Federal Government, or its agencies or

20-25 instrumentalities, or in repurchase agreements that are fully collateralized by

20-26 [such] the securities.

20-27 2. The city may also provide that such proceeds or funds or investments

20-28 and the payments payable under the lease, the agreement of sale or the

20-29 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:

20-32 281.171 1. The account for travel advances is hereby created. Money

20-33 in the account must be used by the state treasurer [for the purpose of

20-34 providing] to provide advance money to state officers and employees for

20-35 travel expenses and subsistence allowances.

20-36 2. The state treasurer shall deposit the money in the account in a bank

20-37 or credit union qualified to receive deposits of public [funds,] money, and

20-38 the deposit must be secured by collateral satisfactory to the state board of

20-39 examiners.

20-40 3. The state treasurer or any of his officers or employees whom he has

20-41 designated for [the] this purpose may sign all checks and warrants drawn

20-42 upon the account.

21-1 Sec. 42. NRS 286.220 is hereby amended to read as follows:

21-2 286.220 1. The board shall establish a fund known as the public

21-3 employees’ retirement fund.

21-4 2. It is hereby declared to be the policy of the legislature that the public

21-5 employees’ retirement fund is a trust fund established to afford a degree of

21-6 security to long-time public employees of the state and its political

21-7 subdivisions. The money in the fund must not be used or appropriated for

21-8 any purpose incompatible with the policy of the public employees’

21-9 retirement system, as expressed in NRS 286.015. The fund must be invested

21-10 and administered to assure the highest return consistent with safety in

21-11 accordance with accepted investment practices.

21-12 3. The interest and income earned on the money in the public

21-13 employees’ retirement fund, after deducting any applicable charges, must be

21-14 credited to the fund.

21-15 4. Money in the public employees’ retirement fund must be expended

21-16 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 by

21-23 employers for rehabilitation; and

21-24 (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 public

21-27 employers to the public employees’ retirement fund must be deposited in a

21-28 bank or credit union of reputable standing in the State of Nevada. Such

21-29 deposits must be secured in a manner satisfactory to the board.

21-30 6. All checks drawn upon the public employees’ retirement fund must

21-31 be signed by two persons designated by the board.

21-32 Sec. 43. NRS 286.680 is hereby amended to read as follows:

21-33 286.680 1. In addition to the provisions of chapter 355 of NRS, the

21-34 board may invest and reinvest the money in its funds as provided in this

21-35 section and NRS 286.682 and may employ investment counsel for that

21-36 purpose. The board may also employ investment supervisory services, trust

21-37 audit services and other related investment services which it deems

21-38 necessary to invest effectively and safeguard the money in the system’s

21-39 funds.

21-40 2. No person engaged in business as a broker or dealer in securities or

21-41 who has a direct pecuniary interest in any such business who receives

21-42 commissions for transactions performed as agent for the board is eligible for

21-43 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 of

22-3 giving continuous advice as to the investment of money on the basis of the

22-4 individual needs of each client;

22-5 (b) The person and his predecessors have been continuously engaged in

22-6 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 of

22-8 the United States as from time to time in effect, or is a bank or an

22-9 investment management subsidiary of a bank; and

22-10 (d) The contract between the board and the investment counsel is of no

22-11 specific duration and is voidable at any time by either party.

22-12 4. The board and its individual members are not liable for investment

22-13 decisions made by investment counsel if they obtain qualified investment

22-14 counsel, establish proper objectives and policies for investments, and issue

22-15 appropriate interim directives. Investment counsel is liable for any

22-16 investment decision that is not made in accordance with the objectives and

22-17 policies established by the board and any applicable interim directives.

22-18 5. The expenses incurred in obtaining and reviewing services pursuant

22-19 to the provisions of this section and the reimbursements to employees for

22-20 their expenses incurred in connection with investment decisions must be

22-21 paid out of the public employees’ retirement fund and the police and

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

22-23 6. The board shall tender invitations to banks and credit unions for

22-24 commercial banking and trust services, consider proposals submitted by

22-25 interested banks [,] and credit unions, and consider contracts for

22-26 commercial banking and trust services at least every 5 years.

22-27 Sec. 44. NRS 287.010 is hereby amended to read as follows:

22-28 287.010 1. The governing body of any county, school district,

22-29 municipal corporation, political subdivision, public corporation or other

22-30 public agency of the State of Nevada may:

22-31 (a) Adopt and carry into effect a system of group life, accident or health

22-32 insurance, or any combination thereof, for the benefit of its officers and

22-33 employees, and the dependents of officers and employees who elect to

22-34 accept the insurance and who, where necessary, have authorized the

22-35 governing body to make deductions from their compensation for the

22-36 payment of premiums on the insurance.

22-37 (b) Purchase group policies of life, accident or health insurance, or any

22-38 combination thereof, for the benefit of such officers and employees, and the

22-39 dependents of such officers and employees, as have authorized the purchase,

22-40 from insurance companies authorized to transact the business of such

22-41 insurance in the State of Nevada, and, where necessary, deduct from the

22-42 compensation of officers and employees the premiums upon insurance and

22-43 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 the

23-3 maintenance of the fund from the compensation of officers and employees

23-4 and pay the deductions into the fund. The money accumulated for this

23-5 purpose through deductions from the compensation of officers and

23-6 employees and contributions of the governing body must be maintained as

23-7 an internal service fund as defined by NRS 354.543. The money must be

23-8 deposited in a state or national bank or credit union authorized to transact

23-9 business in the State of Nevada. Any independent administrator of a fund

23-10 created under this section is subject to the licensing requirements of chapter

23-11 683A of NRS, and must be a resident of this state. Any contract with an

23-12 independent administrator must be approved by the commissioner of

23-13 insurance as to the reasonableness of administrative charges in relation to

23-14 contributions collected and benefits provided. The provisions of NRS

23-15 689B.030 to 689B.050, inclusive, apply to coverage provided pursuant to

23-16 this paragraph.

23-17 (d) Defray part or all of the cost of maintenance of a self-insurance fund

23-18 or of the premiums upon insurance. The money for contributions must be

23-19 budgeted for in accordance with the laws governing the county, school

23-20 district, municipal corporation, political subdivision, public corporation or

23-21 other public agency of the State of Nevada.

23-22 2. If a school district offers group insurance to its officers and

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

23-24 school district must not be excluded from participating in the group

23-25 insurance. If the amount of the deductions from compensation required to

23-26 pay for the group insurance exceeds the compensation to which a trustee is

23-27 entitled, the difference must be paid by the trustee.

23-28 Sec. 45. NRS 315.400 is hereby amended to read as follows:

23-29 315.400 1. A commissioner or employee of the authority shall not

23-30 voluntarily acquire any interest, direct or indirect, except as a residential

23-31 tenant, in any housing project or in any property included or planned to be

23-32 included in any housing project, or in any contract or proposed contract in

23-33 connection with any housing project. Where the acquisition is not voluntary,

23-34 the commissioner or employee shall immediately disclose the interest in

23-35 writing to the authority and the disclosure must be entered upon the minutes

23-36 of the authority. Upon disclosure the commissioner or employee shall not

23-37 participate in any action by the authority involving the housing project,

23-38 property or contract. If any commissioner or employee of the authority

23-39 previously owned or controlled an interest, direct or indirect, in any housing

23-40 project or in any property included or planned to be included in any housing

23-41 project, or in any contract or proposed contract in connection with any

23-42 housing project, he shall immediately disclose the interest in writing to the

23-43 authority and the disclosure must be entered upon the minutes of the

24-1 authority. Upon disclosure the commissioner or employee shall not

24-2 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 in

24-6 notes or bonds of the authority issued in connection with any housing

24-7 project or the execution of agreements by [banking] financial institutions

24-8 for the deposit or handling of [funds] money in connection with a housing

24-9 project or to act as trustee under any trust indenture.

24-10 Sec. 46. NRS 315.981 is hereby amended to read as follows:

24-11 315.981 1. A commissioner or employee of the authority shall not

24-12 voluntarily acquire any interest, direct or indirect, except as a residential

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

24-14 included in any housing project, or in any contract or proposed contract in

24-15 connection with any housing project. Where the acquisition is not voluntary,

24-16 the commissioner or employee shall immediately disclose the interest in

24-17 writing to the authority and the disclosure must be entered upon the minutes

24-18 of the authority. Upon disclosure the commissioner or employee shall not

24-19 participate in any action by the authority involving the housing project,

24-20 property or contract. If any commissioner or employee of the authority

24-21 previously owned or controlled an interest, direct or indirect, in any housing

24-22 project or in any property included or planned to be included in any housing

24-23 project, or in any contract or proposed contract in connection with any

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

24-25 authority and the disclosure must be entered upon the minutes of the

24-26 authority. Upon disclosure the commissioner or employee shall not

24-27 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 in

24-30 office.

24-31 3. This section is not applicable to the acquisition of any interest in

24-32 notes or bonds of the authority issued in connection with any housing

24-33 project or the execution of agreements by [banking] financial institutions

24-34 for the deposit or handling of [funds] money in connection with a housing

24-35 project or to act as trustee under any trust indenture.

24-36 Sec. 47. NRS 349.160 is hereby amended to read as follows:

24-37 349.160 "Commercial bank" means [a] :

24-38 1. A state or national bank or trust company [which] that is a member

24-39 of the Federal Deposit Insurance Corporation, including , without limitation

24-40 [any trust bank as herein defined.] , a branch of the Federal Reserve Bank.

24-41 2. A credit union whose deposits are insured by the National Credit

24-42 Union Share Insurance Fund or by a private insurer approved pursuant

24-43 to NRS 678.755.

25-1 Sec. 48. NRS 349.208 is hereby amended to read as follows:

25-2 349.208 "Trust bank" means [a] :

25-3 1. A commercial bank as defined in NRS 349.160 [which bank] that is

25-4 authorized to exercise and is exercising trust powers . [and also means any]

25-5 2. A branch of the Federal Reserve Bank.

25-6 3. A credit union whose deposits are insured by the National Credit

25-7 Union Share Insurance Fund or by a private insurer approved pursuant

25-8 to NRS 678.755 that is authorized to exercise and is exercising trust

25-9 powers.

25-10 Sec. 49. NRS 349.450 is hereby amended to read as follows:

25-11 349.450 "Expense of operation and maintenance" means any

25-12 reasonable and necessary current expense of the state for the operation,

25-13 maintenance or administration of a project or of the collection and

25-14 administration of revenues from a project. The term includes, among other

25-15 expenses:

25-16 1. Expenses for engineering, auditing, reporting, legal services and

25-17 other expenses of the director which are directly related to the

25-18 administration of projects.

25-19 2. Premiums for fidelity bonds and policies of property and liability

25-20 insurance pertaining to projects, and shares of the premiums of blanket

25-21 bonds and policies which may be reasonably allocated to the state.

25-22 3. Payments to pension, retirement, health insurance and other

25-23 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 any

25-26 bonds.

25-27 5. Services rendered under the terms of contracts, services of

25-28 professionally qualified persons, salaries, administrative expenses and the

25-29 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 the

25-32 project, including the amount of the refund.

25-33 Sec. 50. NRS 349.630 is hereby amended to read as follows:

25-34 349.630 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 interest

25-39 of which is unconditionally guaranteed by the United States of America.

25-40 (c) Obligations issued or guaranteed as to principal and interest by any

25-41 agency or person controlled or supervised by and acting as an

25-42 instrumentality of the United States of America pursuant to authority

25-43 granted by the Congress of the United States of America.

26-1 (d) Obligations issued or guaranteed by any state of the United States of

26-2 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 or

26-7 guaranteed as to principal and interest by the United States of America or by

26-8 any person controlled or supervised by and acting as an instrumentality of

26-9 the United States of America pursuant to authority granted by the Congress

26-10 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 its

26-16 equivalent; and

26-17 (3) Invest only in securities issued or guaranteed as to payment of

26-18 principal and interest by the Federal Government, or its agencies or

26-19 instrumentalities, or in repurchase agreements that are fully collateralized by

26-20 such securities.

26-21 2. Receiving, holding and disbursing of proceeds of the sale of bonds

26-22 by one or more banks , credit unions or trust companies located within or

26-23 out of this state.

26-24 Sec. 51. NRS 349.907 is hereby amended to read as follows:

26-25 349.907 "Expense of operation and maintenance" means any

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

26-27 maintenance or administration of the financing or of the collection and

26-28 administration of revenues from the financing, and includes, but is not

26-29 limited to:

26-30 1. Expenses for engineering, auditing, reporting or legal services and

26-31 any other expense incurred by the director which are directly related to the

26-32 administration of the financing;

26-33 2. Premiums for fidelity bonds and policies of property and liability

26-34 insurance pertaining to the financing;

26-35 3. Premiums for blanket bonds and policies, or any portion of, which

26-36 may be reasonably allocated to the state;

26-37 4. Payments to pension, retirement and health insurance and other

26-38 insurance funds;

26-39 5. Reasonable charges by any paying agent, commercial bank, credit

26-40 union, trust company or other depository bank pertaining to any bonds;

27-1 6. Salaries or fees paid pursuant to any contract for professional

27-2 services;

27-3 7. Cost of materials, supplies and labor pertaining to the issuance of any

27-4 bonds, including the expenses of any trustee, receiver or other fiduciary; and

27-5 8. Costs incurred in the collection and any refund of revenues pursuant

27-6 to the financing.

27-7 Sec. 52. NRS 349.924 is hereby amended to read as follows:

27-8 349.924 The director shall adopt regulations for:

27-9 1. Investment and reinvestment of the proceeds designated for the

27-10 account for venture capital from the sale of bonds, including, but not limited

27-11 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 interest

27-14 of which is unconditionally guaranteed by the United States.

27-15 (c) Obligations issued or guaranteed as to principal and interest by any

27-16 agency or person controlled or supervised by and acting as an

27-17 instrumentality of the United States pursuant to authority granted by the

27-18 Congress of the United States.

27-19 (d) Obligations issued or guaranteed by any state of the United States, or

27-20 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 or

27-25 guaranteed as to principal and interest by the United States or by any person

27-26 controlled or supervised by and acting as an instrumentality of the United

27-27 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 its

27-33 equivalent; and

27-34 (3) Invest only in securities issued or guaranteed as to payment of

27-35 principal and interest by the Federal Government, or its agencies or

27-36 instrumentalities, or in repurchase agreements that are fully collateralized by

27-37 such securities.

27-38 2. Receiving, holding and disbursing of proceeds of the sale of bonds

27-39 by one or more banks or trust companies located within or outside of this

27-40 state.

27-41 This section does not expand the authority for investing the proceeds of

27-42 bonds placed in the fund for the retirement of bonds.

28-1 Sec. 53. NRS 349.939 is hereby amended to read as follows:

28-2 349.939 "Expense of operation and maintenance" means any

28-3 reasonable and necessary current expense of the state for the operation,

28-4 maintenance or administration of a water project or of the collection and

28-5 administration of revenues from a water project. The term includes, among

28-6 other expenses:

28-7 1. Expenses for engineering, auditing, reporting, legal services and

28-8 other expenses of the director which are directly related to the

28-9 administration of water projects.

28-10 2. Premiums for fidelity bonds and policies of property and liability

28-11 insurance pertaining to water projects, and shares of the premiums of

28-12 blanket bonds and policies which may be reasonably allocated to the state.

28-13 3. Payments to pension, retirement, health insurance and other

28-14 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 any

28-17 bonds.

28-18 5. Services rendered under the terms of contracts, services of

28-19 professionally qualified persons, salaries, administrative expenses and the

28-20 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 the

28-23 water project, including the amount of the refund.

28-24 Sec. 54. NRS 350.512 is hereby amended to read as follows:

28-25 350.512 "Commercial bank" means [a] :

28-26 1. A state or national bank or trust company [which] that is a member

28-27 of the Federal Deposit Insurance Corporation, including , without limitation

28-28 [any trust bank as herein defined.] , a branch of the Federal Reserve Bank.

28-29 2. A credit union whose deposits are insured by the National Credit

28-30 Union Share Insurance Fund or by a private insurer approved pursuant

28-31 to NRS 678.755.

28-32 Sec. 55. NRS 350.564 is hereby amended to read as follows:

28-33 350.564 "Trust bank" means [a] :

28-34 1. A commercial bank as defined in NRS 350.512 [which bank] that is

28-35 authorized to exercise and is exercising trust powers . [and also means any]

28-36 2. A branch of the Federal Reserve Bank.

28-37 3. A credit union whose deposits are insured by the National Credit

28-38 Union Share Insurance Fund or by a private insurer approved pursuant

28-39 to NRS 678.755 that is authorized to exercise and is exercising trust

28-40 powers.

29-1 Sec. 56. NRS 350A.040 is hereby amended to read as follows:

29-2 350A.040 "Cost of a lending project" means all or any designated part

29-3 of the cost of any lending project, including any incidental cost pertaining to

29-4 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 other

29-10 agents and employees.

29-11 3. Publishing, posting, mailing and otherwise giving notice, filing or

29-12 recording instruments, taking options and fees to banks [.] and credit

29-13 unions.

29-14 4. Establishment of a reserve for contingencies.

29-15 5. Interest on state securities for any time which does not exceed 3

29-16 years, discounts on such state securities, reserves for the payment of the

29-17 principal of and interest on such securities, replacement expenses and other

29-18 costs of issuing such securities.

29-19 6. Amending any resolution or other instrument authorizing the

29-20 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 expenses

29-23 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:

29-25 350A.050 "Expense of operation and maintenance" means any

29-26 reasonable and necessary current expense of the state for the operation,

29-27 maintenance or administration of a lending project or of the collection and

29-28 administration of revenues therefrom. The term includes, without limitation:

29-29 1. Expenses for engineering, auditing, reporting, legal services and

29-30 other expenses of the state treasurer which are directly related to the

29-31 administration of lending projects.

29-32 2. Premiums for fidelity bonds and policies of property and liability

29-33 insurance pertaining to lending projects, and shares of the premiums of

29-34 blanket bonds and policies which may be reasonably allocated to lending

29-35 projects.

29-36 3. Payments to pension, retirement, health insurance and other

29-37 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 state

29-40 securities.

29-41 5. Services rendered under the terms of contracts, services of

29-42 professionally qualified persons, salaries, administrative expenses and the

30-1 cost of materials, supplies and labor pertaining to the issuance of any state

30-2 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 a

30-4 lending project, including the amount of the refund.

30-5 Sec. 58. NRS 354.603 is hereby amended to read as follows:

30-6 354.603 1. The board of trustees of any county school district, the

30-7 board of hospital trustees of any county hospital or the board of trustees of

30-8 any consolidated library district or district library may establish and

30-9 administer separate accounts in [any bank] :

30-10 (a) A bank whose deposits are insured by the Federal Deposit Insurance

30-11 Corporation ;

30-12 (b) A credit union whose deposits are insured by the National Credit

30-13 Union Share Insurance Fund or by a private insurer approved pursuant

30-14 to NRS 678.755; or [in any]

30-15 (c) A savings and loan association whose deposits if made by the state, a

30-16 local government or an agency of either , are insured by the Federal Deposit

30-17 Insurance Corporation, or the legal successor of the Federal Deposit

30-18 Insurance Corporation,

30-19 for money deposited by the county treasurer which is by law to be

30-20 administered and expended by those boards.

30-21 2. The county treasurer shall transfer the money to [such] a separate

30-22 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 of

30-24 hospital trustees of the county hospital or the board of trustees of the

30-25 consolidated library district or district library adopts a resolution declaring

30-26 an intention to establish and administer a separate account in accordance

30-27 with the provisions of this section.

30-28 (b) The board of trustees of the county school district, the board of

30-29 hospital trustees of the county hospital or the board of trustees of the

30-30 consolidated library district or district library sends a certificate to the

30-31 county treasurer, the county auditor, the board of county commissioners

30-32 and, in the case of the board of trustees of the county school district, to the

30-33 department of education, attested by the secretary of the board, declaring

30-34 the intention of the board to establish and administer a separate account in

30-35 accordance with the provisions of this section.

30-36 (c) The board of hospital trustees of the county hospital or the board of

30-37 trustees of the consolidated library district or district library submits

30-38 monthly reports, listing all transactions involving the separate account, to

30-39 the county treasurer, the county auditor and the board of county

30-40 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 in

30-42 such an account upon request of the board of county commissioners.

31-1 [2.] 3. The separate account of the board of trustees of the county

31-2 school district established under the provisions of this section must be

31-3 composed of:

31-4 (a) The county school district fund; and

31-5 (b) The county school district building and sites fund.

31-6 [3.] 4. The separate account established by the board of county hospital

31-7 trustees is designated the county hospital fund.

31-8 [4.] 5. The separate account of the board of trustees of the consolidated

31-9 library district or district library established under the provisions of this

31-10 section must be composed of:

31-11 (a) The fund for the consolidated library or district library, as

31-12 appropriate; and

31-13 (b) The fund for capital projects of the consolidated library or district

31-14 library, as appropriate.

31-15 [5.] 6. No expenditures from an account may be made in excess of the

31-16 balance of the account.

31-17 [6.] 7. Such an account must support all expenditures properly related

31-18 to the purpose of the fund, excluding direct payments of principal and

31-19 interest on general obligation bonds, and including, but not limited to, debt

31-20 service, capital projects, capital outlay and operating expenses.

31-21 [7.] 8. The board of county commissioners, if it determines that there is

31-22 clear evidence of misuse or mismanagement of money in any separate

31-23 account, may order the closing of the account and the return of the money to

31-24 the county treasury to be administered in accordance with existing

31-25 provisions of law. The board of trustees of the county school district, the

31-26 board of hospital trustees of the county hospital or the board of trustees of

31-27 the consolidated library district or district library is entitled to a hearing

31-28 before the board of county commissioners.

31-29 Sec. 59. NRS 354.609 is hereby amended to read as follows:

31-30 354.609 1. The governing body of any local government may, by

31-31 resolution, establish one or more petty cash accounts, imprest accounts or

31-32 revolving [bank] accounts in a bank or credit union to assist in the

31-33 administration of any activities in which [such] the local government is

31-34 authorized by law to engage.

31-35 2. [Such] A resolution establishing any petty cash account, imprest

31-36 account or revolving [bank] account in a bank or credit union shall, in

31-37 detail, set forth the following:

31-38 (a) The object and purpose of [such] the account.

31-39 (b) The source of money to be used to establish and maintain [such] the

31-40 account.

31-41 (c) The method of controlling expenditures from [such] the account.

31-42 (d) The maximum dollar amount of any single expenditure.

32-1 3. Payments made out of any such accounts in accordance with the

32-2 establishing resolution may be made directly without approval of the

32-3 governing body of any local government.

32-4 4. Reimbursement of any such petty cash, imprest or revolving accounts

32-5 [shall be effected] must be made no less often than monthly. [Such

32-6 reimbursement shall] The reimbursement must be supported by proper

32-7 evidences of expenditures made from the account and [shall] must be

32-8 approved by the governing body in the same manner as other claims against

32-9 the fund to which [such] the reimbursement is to be charged.

32-10 Sec. 60. NRS 354.695 is hereby amended to read as follows:

32-11 354.695 1. As soon as practicable after taking over the management

32-12 of a local government, the department shall, with the approval of the

32-13 committee:

32-14 (a) Establish and implement a management policy and a financing plan

32-15 for the local government;

32-16 (b) Provide for the appointment of a financial manager for the local

32-17 government who is qualified to manage the fiscal affairs of the local

32-18 government;

32-19 (c) Provide for the appointment of any other persons necessary to enable

32-20 the local government to provide the basic services for which it was created

32-21 in the most economical and efficient manner possible;

32-22 (d) Establish an accounting system and separate [bank accounts,]

32-23 accounts in a bank or credit union, if necessary, to receive and expend all

32-24 money and assets of the local government;

32-25 (e) Impose such hiring restrictions as deemed necessary after considering

32-26 the recommendations of the financial manager;

32-27 (f) Negotiate and approve all contracts entered into by or on behalf of the

32-28 local government before execution and enter into such contracts on behalf

32-29 of the local government as the department deems necessary;

32-30 (g) Negotiate and approve all collective bargaining contracts to be

32-31 entered into by the local government, except issues submitted to a factfinder

32-32 whose findings and recommendations are final and binding pursuant to the

32-33 provisions of the Local Government Employee-Management Relations Act;

32-34 (h) Approve all expenditures of money from any fund or account and all

32-35 transfers of money from one fund to another;

32-36 (i) Employ such technicians as are necessary for the improvement of the

32-37 financial condition of the local government;

32-38 (j) Meet with the creditors of the local government and formulate a debt

32-39 liquidation program;

32-40 (k) Approve the issuance of bonds or other forms of indebtedness by the

32-41 local government;

32-42 (l) Discharge any of the outstanding debts and obligations of the local

32-43 government; and

33-1 (m) Take any other actions necessary to ensure that the local government

33-2 provides the basic services for which it was created in the most economical

33-3 and efficient manner possible.

33-4 2. The department may provide for reimbursement from the local

33-5 government for the expenses it incurs in managing the local government. If

33-6 such reimbursement is not possible, the department may request an

33-7 allocation by the interim finance committee from the contingency fund

33-8 pursuant to NRS 353.266, 353.268 and 353.269.

33-9 3. The governing body of a local government which is being managed

33-10 by the department pursuant to this section may make recommendations to

33-11 the department or the financial manager concerning the management of the

33-12 local government.

33-13 4. Each state agency, board, department, commission, committee or

33-14 other entity of the state shall provide such technical assistance concerning

33-15 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 imposed

33-17 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. 275

33-20 of this [act,] session, once the department has taken over the management of

33-21 a local government pursuant to the provisions of subsection 1, that

33-22 management may only be terminated pursuant to NRS 354.725.

33-23 Sec. 61. NRS 355.140 is hereby amended to read as follows:

33-24 355.140 1. In addition to other investments provided for by a specific

33-25 statute, the following bonds and other securities are proper and lawful

33-26 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 or

33-30 their payment is guaranteed by the United States;

33-31 (c) Obligations or certificates of the United States Postal Service, the

33-32 Federal National Mortgage Association, the Government National Mortgage

33-33 Association, the Federal Home Loan Banks, the Federal Home Loan

33-34 Mortgage Corporation or the Student Loan Marketing Association, whether

33-35 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 the

33-39 Union, including special assessment district bonds if those bonds provide

33-40 that any deficiencies in the proceeds to pay the bonds are to be paid from

33-41 the general fund of the incorporated city;

33-42 (g) General obligation bonds of irrigation districts and drainage districts

33-43 in this state which are liens upon the property within those districts, if the

34-1 value of the property is found by the board or commission making the

34-2 investments to render the bonds financially sound over all other obligations

34-3 of the districts;

34-4 (h) Bonds of school districts within this state;

34-5 (i) Bonds of any general improvement district whose population is

34-6 200,000 or more and which is situated in two or more counties of this state

34-7 or of any other state, if:

34-8 (1) The bonds are general obligation bonds and constitute a lien upon

34-9 the property within the district which is subject to taxation; and

34-10 (2) That property is of an assessed valuation of not less than five times

34-11 the amount of the bonded indebtedness of the district;

34-12 (j) Medium-term obligations for counties, cities and school districts

34-13 authorized pursuant to chapter 350 of NRS;

34-14 (k) Loans bearing interest at a rate determined by the state board of

34-15 finance when secured by first mortgages on agricultural lands in this state of

34-16 not less than three times the value of the amount loaned, exclusive of

34-17 perishable improvements, and of unexceptional title and free from all

34-18 encumbrances;

34-19 (l) Farm loan bonds, consolidated farm loan bonds, debentures,

34-20 consolidated debentures and other obligations issued by federal land banks

34-21 and federal intermediate credit banks under the authority of the Federal

34-22 Farm Loan Act, formerly 12 U.S.C. §§ 636 to 1012, inclusive, and §§ 1021

34-23 to 1129, inclusive, and the Farm Credit Act of 1971, 12 U.S.C. §§ 2001 to

34-24 2259, inclusive, and bonds, debentures, consolidated debentures and other

34-25 obligations issued by banks for cooperatives under the authority of the Farm

34-26 Credit Act of 1933, formerly 12 U.S.C. §§ 1131 to 1138e, inclusive, and the

34-27 Farm Credit Act of 1971, 12 U.S.C. §§ 2001 to 2259, inclusive, excluding

34-28 such money thereof as has been received or which may be received

34-29 hereafter from the Federal Government or received pursuant to some federal

34-30 law which governs the investment thereof;

34-31 (m) Negotiable certificates of deposit issued by commercial banks , [or]

34-32 insured credit unions or savings and loan associations;

34-33 (n) Bankers’ acceptances of the kind and maturities made eligible by law

34-34 for rediscount with Federal Reserve banks or trust companies which are

34-35 members of the Federal Reserve System, except that acceptances may not

34-36 exceed 180 days’ maturity, and may not, in aggregate value, exceed 20

34-37 percent of the total par value of the portfolio as determined on the date of

34-38 purchase;

34-39 (o) Commercial paper issued by a corporation organized and operating in

34-40 the United States or by a depository institution licensed by the United States

34-41 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 no

34-43 more than 270 days; and

35-1 (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 aggregate

35-4 value, exceed 20 percent of the total par value of the portfolio as determined

35-5 on the date of purchase, and if the rating of an obligation is reduced to a

35-6 level that does not meet the requirements of this paragraph, it must be sold

35-7 as soon as possible;

35-8 (p) Notes, bonds and other unconditional obligations for the payment of

35-9 money, except certificates of deposit that do not qualify pursuant to

35-10 paragraph (m), issued by corporations organized and operating in the United

35-11 States or by depository institutions licensed by the United States or any state

35-12 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 no

35-15 more than 5 years; and

35-16 (3) Are rated by a nationally recognized rating service as "A" or its

35-17 equivalent, or better,

35-18 except that investments pursuant to this paragraph may not, in aggregate

35-19 value, exceed 20 percent of the total par value of the portfolio, and if the

35-20 rating of an obligation is reduced to a level that does not meet the

35-21 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 its

35-25 equivalent; and

35-26 (3) Invest only in securities issued by the Federal Government or

35-27 agencies of the Federal Government or in repurchase agreements fully

35-28 collateralized by such securities;

35-29 (r) Collateralized mortgage obligations that are rated by a nationally

35-30 recognized rating service as "AAA" or its equivalent; and

35-31 (s) Asset-backed securities that are rated by a nationally recognized

35-32 rating service as "AAA" or its equivalent.

35-33 2. Repurchase agreements are proper and lawful investments of money

35-34 of the state and the state insurance fund for the purchase or sale of securities

35-35 which are negotiable and of the types listed in subsection 1 if made in

35-36 accordance with the following conditions:

35-37 (a) The state treasurer shall designate in advance and thereafter maintain

35-38 a list of qualified counterparties which:

35-39 (1) Regularly provide audited and, if available, unaudited financial

35-40 statements to the state treasurer;

35-41 (2) The state treasurer has determined to have adequate capitalization

35-42 and earnings and appropriate assets to be highly credit worthy; and

36-1 (3) Have executed a written master repurchase agreement in a form

36-2 satisfactory to the state treasurer and the state board of finance pursuant to

36-3 which all repurchase agreements are entered into. The master repurchase

36-4 agreement must require the prompt delivery to the state treasurer and the

36-5 appointed custodian of written confirmations of all transactions conducted

36-6 thereunder, and must be developed giving consideration to the Federal

36-7 Bankruptcy Act.

36-8 (b) In all repurchase agreements:

36-9 (1) At or before the time money to pay the purchase price is

36-10 transferred, title to the purchased securities must be recorded in the name of

36-11 the appointed custodian, or the purchased securities must be delivered with

36-12 all appropriate, executed transfer instruments by physical delivery to the

36-13 custodian;

36-14 (2) The state must enter into a written contract with the custodian

36-15 appointed pursuant to subparagraph (1) which requires the custodian to:

36-16 (I) Disburse cash for repurchase agreements only upon receipt of

36-17 the underlying securities;

36-18 (II) Notify the state when the securities are marked to the market if

36-19 the required margin on the agreement is not maintained;

36-20 (III) Hold the securities separate from the assets of the custodian;

36-21 and

36-22 (IV) Report periodically to the state concerning the market value of

36-23 the securities;

36-24 (3) The market value of the purchased securities must exceed 102

36-25 percent of the repurchase price to be paid by the counterparty and the value

36-26 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 be

36-28 more than 90 days after the date of purchase; and

36-29 (5) The purchased securities must not have a term to maturity at the

36-30 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 to

36-33 operate in the United States pursuant to federal or state law or a securities

36-34 dealer which is:

36-35 (1) A registered broker-dealer;

36-36 (2) Designated by the Federal Reserve Bank of New York as a

36-37 "primary" dealer in United States government securities; and

36-38 (3) In full compliance with all applicable capital requirements.

36-39 (b) "Repurchase agreement" means a purchase of securities by the state

36-40 or state insurance fund from a counterparty which commits to repurchase

36-41 those securities or securities of the same issuer, description, issue date and

36-42 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 or

37-3 chapters 616A to 616D, inclusive, of NRS.

37-4 Sec. 62. NRS 355.165 is hereby amended to read as follows:

37-5 355.165 1. The local government pooled long-term investment

37-6 account is hereby created. The account must be administered by the state

37-7 treasurer.

37-8 2. All of the provisions of NRS 355.167 apply to the local government

37-9 pooled long-term investment account.

37-10 3. In addition to the investments which are permissible pursuant to

37-11 subsection 3 of NRS 355.167, the treasurer may invest the money in the

37-12 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 nationally

37-16 recognized rating service; and

37-17 (3) Invest only in securities issued by the Federal Government or

37-18 agencies of the Federal Government or in repurchase agreements fully

37-19 collateralized by such securities.

37-20 (b) An investment contract that is collateralized with securities issued by

37-21 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 the

37-23 amount invested and any accrued unpaid interest thereon;

37-24 (2) The treasurer receives a security interest in the collateral that is

37-25 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 exercise

37-27 trust powers;

37-28 (3) The market value of the collateral is determined not less frequently

37-29 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 to

37-31 meet that ratio within 2 business days after the determination; and

37-32 (4) The party with whom the investment contract is executed is a

37-33 commercial bank [,] or credit union, or that party or a guarantor of the

37-34 performance of that party is:

37-35 (I) An insurance company which has a rating on its ability to pay

37-36 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; or

37-38 (II) An entity which has a credit rating on its outstanding long-term

37-39 debt of not less than "A2" by Moody’s Investors Service, Inc., or "A" by

37-40 Standard and Poor’s Ratings Services, or their equivalent.

37-41 4. In addition to the reasonable charges against the account which the

37-42 state treasurer may assess pursuant to subsection 7 of NRS 355.167, the

38-1 state treasurer may, in the case of a local government pooled long-term

38-2 investment account, assess the costs:

38-3 (a) Associated with a calculation of any rebate of arbitrage profits which

38-4 is required to be paid to the Federal Government by 26 U.S.C. § 148; and

38-5 (b) Of contracting with qualified persons to assist in the:

38-6 (1) Calculation of any rebate of arbitrage profits which is required to

38-7 be paid to the Federal Government by 26 U.S.C. § 148; and

38-8 (2) Administration of the account.

38-9 5. In addition to the quarterly computations of interest to be reinvested

38-10 for or paid to each participating local government pursuant to subsection 8

38-11 of NRS 355.167, the state treasurer may, in the case of a local government

38-12 pooled long-term investment account, compute and reinvest or pay the

38-13 interest more frequently. He may also base his computations on the amount

38-14 of interest accrued rather than the amount received.

38-15 6. The treasurer may establish one or more separate subaccounts in the

38-16 local government pooled long-term investment account for identified

38-17 investments that are made for and allocated to specific participating local

38-18 governments.

38-19 Sec. 63. NRS 355.169 is hereby amended to read as follows:

38-20 355.169 1. If an investment of the money of a county or other local

38-21 government is made by the county treasurer, whether separately or through a

38-22 pooling arrangement as provided in NRS 355.168, the county may, on

38-23 behalf of that local government, take any lawful action necessary to recover

38-24 the money invested if:

38-25 (a) The principal of and interest on any investment is not received when

38-26 due; or

38-27 (b) The corporation, bank, credit union, broker or other person with

38-28 whom the investment is made becomes insolvent or bankrupt or is placed in

38-29 receivership.

38-30 2. The expenses of any action taken pursuant to this section must be

38-31 paid from the money recovered and allocated among the funds from which

38-32 the investment is made in the same manner as any loss on an investment is

38-33 allocated. If the total amount of money recovered is insufficient to pay those

38-34 expenses, the excess amount is a charge against the county.

38-35 Sec. 64. NRS 355.170 is hereby amended to read as follows:

38-36 355.170 1. Except as otherwise provided in this section and in NRS

38-37 354.750, a board of county commissioners, a board of trustees of a county

38-38 school district or the governing body of an incorporated city may purchase

38-39 for investment the following securities and no others:

38-40 (a) Bonds and debentures of the United States, the maturity dates of

38-41 which do not extend more than 10 years [from] after the date of purchase.

38-42 (b) Farm loan bonds, consolidated farm loan bonds, debentures,

38-43 consolidated debentures and other obligations issued by federal land banks

39-1 and federal intermediate credit banks under the authority of the Federal

39-2 Farm Loan Act, formerly 12 U.S.C. §§ 636 to 1012, inclusive, and §§ 1021

39-3 to 1129, inclusive, and the Farm Credit Act of 1971, 12 U.S.C. §§ 2001 to

39-4 2259, inclusive, and bonds, debentures, consolidated debentures and other

39-5 obligations issued by banks for cooperatives under the authority of the Farm

39-6 Credit Act of 1933, formerly 12 U.S.C. §§ 1131 to 1138e, inclusive, and the

39-7 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 of

39-9 which is not more than 10 years [from] after the date of purchase.

39-10 (d) Obligations of an agency or instrumentality of the United States of

39-11 America or a corporation sponsored by the government, the maturity date of

39-12 which is not more than 10 years [from] after the date of purchase.

39-13 (e) Negotiable certificates of deposit issued by commercial banks , [or]

39-14 insured credit unions or savings and loan associations.

39-15 (f) Securities which have been expressly authorized as investments for

39-16 local governments or agencies, as defined in NRS 354.474, by any

39-17 provision of Nevada Revised Statutes or by any special law.

39-18 (g) Subject to the limitations contained in NRS 355.177, negotiable notes

39-19 or short-time negotiable bonds issued by local governments of the State of

39-20 Nevada pursuant to NRS 350.091.

39-21 (h) Bankers’ acceptances of the kind and maturities made eligible by law

39-22 for rediscount with Federal Reserve Banks, and generally accepted by banks

39-23 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 money

39-26 available to a local government for investment as determined on the date of

39-27 purchase.

39-28 (i) Obligations of state and local governments if:

39-29 (1) The interest on the obligation is exempt from gross income for

39-30 federal income tax purposes; and

39-31 (2) The obligation has been rated "A" or higher by one or more

39-32 nationally recognized bond credit rating agencies.

39-33 (j) Commercial paper issued by a corporation organized and operating in

39-34 the United States or by a depository institution licensed by the United States

39-35 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 no

39-38 more than 270 days; and

39-39 (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 aggregate

39-42 value, exceed 20 percent of the total portfolio as determined on the date of

40-1 purchase, and if the rating of an obligation is reduced to a level that does not

40-2 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 its

40-6 equivalent; and

40-7 (3) Invest only in securities issued by the Federal Government or

40-8 agencies of the Federal Government or in repurchase agreements fully

40-9 collateralized by such securities.

40-10 2. Repurchase agreements are proper and lawful investments of money

40-11 of a board of county commissioners, a board of trustees of a county school

40-12 district or a governing body of an incorporated city for the purchase or sale

40-13 of securities which are negotiable and of the types listed in subsection 1 if

40-14 made in accordance with the following conditions:

40-15 (a) The board of county commissioners, the board of trustees of the

40-16 school district or the governing body of the city shall designate in advance

40-17 and thereafter maintain a list of qualified counterparties which:

40-18 (1) Regularly provide audited and, if available, unaudited financial

40-19 statements;

40-20 (2) The board of county commissioners, the board of trustees of the

40-21 school district or the governing body of the city has determined to have

40-22 adequate capitalization and earnings and appropriate assets to be highly

40-23 credit worthy; and

40-24 (3) Have executed a written master repurchase agreement in a form

40-25 satisfactory to the board of county commissioners, the board of trustees of

40-26 the school district or the governing body of the city pursuant to which all

40-27 repurchase agreements are entered into. The master repurchase agreement

40-28 must require the prompt delivery to the board of county commissioners, the

40-29 board of trustees of the school district or the governing body of the city and

40-30 the appointed custodian of written confirmations of all transactions

40-31 conducted thereunder, and must be developed giving consideration to the

40-32 Federal Bankruptcy Act.

40-33 (b) In all repurchase agreements:

40-34 (1) At or before the time money to pay the purchase price is

40-35 transferred, title to the purchased securities must be recorded in the name of

40-36 the appointed custodian, or the purchased securities must be delivered with

40-37 all appropriate, executed transfer instruments by physical delivery to the

40-38 custodian;

40-39 (2) The board of county commissioners, the board of trustees of the

40-40 school district or the governing body of the city must enter a written

40-41 contract with the custodian appointed pursuant to subparagraph (1) which

40-42 requires the custodian to:

41-1 (I) Disburse cash for repurchase agreements only upon receipt of

41-2 the underlying securities;

41-3 (II) Notify the board of county commissioners, the board of trustees

41-4 of the school district or the governing body of the city when the securities

41-5 are marked to the market if the required margin on the agreement is not

41-6 maintained;

41-7 (III) Hold the securities separate from the assets of the custodian;

41-8 and

41-9 (IV) Report periodically to the board of county commissioners, the

41-10 board of trustees of the school district or the governing body of the city

41-11 concerning the market value of the securities;

41-12 (3) The market value of the purchased securities must exceed 102

41-13 percent of the repurchase price to be paid by the counterparty and the value

41-14 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 be

41-16 more than 90 days after the date of purchase; and

41-17 (5) The purchased securities must not have a term to maturity at the

41-18 time of purchase in excess of 10 years.

41-19 3. The securities described in paragraphs (a), (b) and (c) of subsection 1

41-20 and the repurchase agreements described in subsection 2 may be purchased

41-21 when, in the opinion of the board of county commissioners, the board of

41-22 trustees of a county school district or the governing body of the city, there is

41-23 sufficient money in any fund of the county, the school district or city to

41-24 purchase those securities and the purchase will not result in the impairment

41-25 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 a

41-27 county school district or governing body of the city has determined that

41-28 there is available money in any fund or funds for the purchase of bonds as

41-29 set out in subsection 1 or 2, those purchases may be made and the bonds

41-30 paid for out of any one or more of the funds, but the bonds must be credited

41-31 to the funds in the amounts purchased, and the money received from the

41-32 redemption of the bonds, as and when redeemed, must go back into the fund

41-33 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 of

41-36 trustees of a county school district or governing body of the city, be credited

41-37 to the fund from which the principal was taken or to the general fund of the

41-38 county, school district or incorporated city.

41-39 6. The board of county commissioners, the board of trustees of a county

41-40 school district or governing body of an incorporated city may invest any

41-41 money apportioned into funds and not invested pursuant to subsection 3 and

41-42 any money not apportioned into funds in bills and notes of the United States

41-43 Treasury, the maturity date of which is not more than 1 year after the date of

42-1 investment. These investments must be considered as cash for accounting

42-2 purposes, and all the interest earned on them must be credited to the general

42-3 fund of the county, school district or incorporated city.

42-4 7. This section does not authorize the investment of money

42-5 administered pursuant to a contract, debenture agreement or grant in a

42-6 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 to

42-9 operate in the United States pursuant to federal or state law or a securities

42-10 dealer which is:

42-11 (1) A registered broker-dealer;

42-12 (2) Designated by the Federal Reserve Bank of New York as a

42-13 "primary" dealer in United States government securities; and

42-14 (3) In full compliance with all applicable capital requirements.

42-15 (b) "Repurchase agreement" means a purchase of securities by a board of

42-16 county commissioners, the board of trustees of a county school district or

42-17 the governing body of an incorporated city from a counterparty which

42-18 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 a

42-20 specified price.

42-21 Sec. 65. NRS 355.210 is hereby amended to read as follows:

42-22 355.210 1. When any money has been deposited in any court pursuant

42-23 to law or rule of court, and when in the judgment of the clerk of [such] the

42-24 court, or the judge thereof if there is no clerk, payment out of [such] the

42-25 deposit will not be required for 90 days or more, the clerk or the judge, as

42-26 the case may be, may invest the money so deposited, either alone or by

42-27 commingling it with other [moneys] money deposited.

42-28 2. The investment may be made:

42-29 (a) By deposit at interest in a state or national bank or credit union in the

42-30 State of Nevada; or

42-31 (b) In bills, bonds, debentures, notes or other securities whose purchase

42-32 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 this

42-34 section shall be deposited to the credit of the general fund of the political

42-35 subdivision or municipality which supports the court.

42-36 4. The requirements of this section may be modified by an ordinance

42-37 adopted pursuant to the provisions of NRS 244.207.

42-38 Sec. 66. NRS 356.015 is hereby amended to read as follows:

42-39 356.015 1. The state treasurer shall establish the rate of interest to be

42-40 paid on the maturity of each time certificate of deposit.

42-41 2. The state treasurer shall make all such deposits through warrants of

42-42 the state controller.

43-1 3. The state controller shall maintain accurate records of inactive

43-2 deposits. Time certificates of deposit which are placed with insured banks ,

43-3 credit unions and savings and loan associations shall be deemed to

43-4 constitute inactive deposits.

43-5 Sec. 67. NRS 356.025 is hereby amended to read as follows:

43-6 356.025 1. To be accepted as collateral for a deposit of money by the

43-7 state treasurer, first mortgages or first deeds of trust must be on real

43-8 property which is located in this state and is used for residences of single

43-9 families.

43-10 2. Each such first mortgage or first deed of trust must be accompanied

43-11 by the promissory note which it secures.

43-12 3. No first mortgage or first deed of trust may be accepted for such

43-13 collateral if:

43-14 (a) Any payment on the related promissory note is more than 30 days

43-15 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 commenced

43-18 or, in the case of a deed of trust, a notice of default and election to sell has

43-19 been recorded;

43-20 (d) In the case of a loan which is not insured or guaranteed by the

43-21 Federal Government, the initial amount lent was greater than 80 percent of

43-22 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; or

43-25 (g) The loan does not meet the requirements for eligibility of the Federal

43-26 Home Loan Mortgage Corporation, the Federal National Mortgage

43-27 Association or the Government National Mortgage Association , [(]

43-28 although it is not necessary that any of those agencies have participated in

43-29 the loan . [).]

43-30 4. If any collateral consisting of a promissory note with a mortgage or

43-31 deed of trust is found not to meet the requirements of this section, the

43-32 depository bank , credit union or savings and loan association shall

43-33 substitute a note of equal or greater value which does meet the

43-34 requirements.

43-35 5. The financial institution shall assign the pledged mortgages and

43-36 deeds of trust to the depositor and deliver them with their promissory notes

43-37 to the trust company. The assignment must be recorded when the financial

43-38 institution fails to pay any part of the deposit for which the security is

43-39 pledged.

43-40 Sec. 68. NRS 356.050 is hereby amended to read as follows:

43-41 356.050 1. Where the state treasurer, in accordance with the terms

43-42 and provisions of NRS 356.010 to 356.110, inclusive, has deposited and

43-43 kept on deposit any public money in depositories so designated, he is not

44-1 liable personally or upon his official bond for any public money that may be

44-2 lost by reason of the failure or insolvency of any such depository; but the

44-3 state treasurer is chargeable with the safekeeping, management and

44-4 disbursement of the bonds deposited with him as security for deposits of

44-5 state money and with interest thereon, and with the proceeds of any sale

44-6 under the provisions of NRS 356.010 to 356.110, inclusive.

44-7 2. The state treasurer may deposit for safekeeping with any insured

44-8 bank, [insured] credit union or savings and loan association or a trust

44-9 company within or without this state any securities or bonds pledged with

44-10 him, as state treasurer, as collateral or as security for any purpose, but the

44-11 securities or bonds may only be so deposited by him with the joint consent

44-12 and approval, in writing, of the pledgor thereof and the state board of

44-13 finance. Any bonds or securities so deposited by him must be deposited

44-14 under a written deposit agreement between the pledgor and the state

44-15 treasurer, to be held and released only upon a written order of the state

44-16 treasurer or his deputy, and signed by the governor or acting governor and

44-17 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:

44-20 356.130 Whenever the written consent of any bondsman or bondsmen

44-21 to deposit the county [funds] money in any insured banks , credit unions or

44-22 savings and loan associations has not been obtained, [such] the bondsman

44-23 or bondsmen [shall,] must, upon giving notice as required by law, be

44-24 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:

44-27 356.180 If a warrant of the county auditor is presented to the county

44-28 treasurer for payment, the warrant becomes a check or order of the county

44-29 treasurer if the county treasurer endorses thereon the name of the insured

44-30 depository bank [or insured] , credit union or savings and loan association,

44-31 where payable, and a number, as provided in NRS 356.170, and

44-32 countersigns his name thereto as county treasurer.

44-33 Sec. 77. NRS 356.200 is hereby amended to read as follows:

44-34 356.200 1. With unanimous consent of his bondsmen, a county

44-35 officer, other than a county treasurer, may deposit county money received

44-36 by the office of the county officer in an insured bank, insured credit union

44-37 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 been

44-39 obtained, the bondsman must, upon giving notice as required by law, be

44-40 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 manner

44-42 as the board of county commissioners may prescribe.

45-1 4. The balance in each such account, as certified by the proper officer

45-2 of the bank, credit union or savings and loan association in which the money

45-3 is deposited, and by oath of the county treasurer, may be accounted for by

45-4 the county as cash.

45-5 5. All money deposited in any depository bank, credit union or savings

45-6 and loan association by such a county officer may be drawn out by him on

45-7 check or order payable only to the county treasurer or his order, but every

45-8 county assessor may also withdraw money received in payment for license

45-9 fees for motor vehicles by check or order payable to the department of

45-10 motor vehicles and public safety, and may also withdraw money received in

45-11 payment for use taxes for motor vehicles by check or order payable to the

45-12 department of taxation.

45-13 6. The county officer shall keep a register which shows the amount of

45-14 county money on deposit and lists every check or order drawn upon the

45-15 depository bank, credit union or savings and loan association, numbering

45-16 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 deposit

45-19 not later than the first Monday of each month and whenever the deposit

45-20 exceeds $100 for the full amount of county money deposited therein, a

45-21 withdrawal to be by check or order payable to the county treasurer, and

45-22 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 any

45-24 court pursuant to NRS 355.210.

45-25 Sec. 78. NRS 360.278 is hereby amended to read as follows:

45-26 360.278 The department and the state board of finance may enter into

45-27 contracts for armored car service or engage such service where necessary

45-28 [in order] to transport to the designated banks or credit unions any

45-29 [moneys] money collected in the offices of the department.

45-30 Sec. 79. NRS 360.510 is hereby amended to read as follows:

45-31 360.510 1. If any person is delinquent in the payment of any tax or

45-32 fee administered by the department or if a determination has been made

45-33 against him which remains unpaid, the department may:

45-34 (a) Not later than 3 years after the payment became delinquent or the

45-35 determination became final; or

45-36 (b) Not later than 5 years after the last recording of an abstract of

45-37 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 by

45-39 registered or certified mail to any person, including, without limitation, any

45-40 officer or department of the state or any political subdivision or agency of

45-41 the state, who has in his possession or under his control any credits or other

45-42 personal property belonging to the delinquent, or owing any debts to the

45-43 delinquent or person against whom a determination has been made which

46-1 remains unpaid, or owing any debts to the delinquent or that person. In the

46-2 case of any state officer, department or agency, the notice must be given to

46-3 the officer, department or agency before it presents the claim of the

46-4 delinquent taxpayer to the state controller.

46-5 2. A state officer, department or agency which receives such a notice

46-6 may satisfy any debt owed to it by that person before it honors the

46-7 department’s notice.

46-8 3. After receiving the demand to transmit, the persons so notified may

46-9 not transfer or otherwise dispose of the credits, other personal property, or

46-10 debts in their possession or under their control at the time they received the

46-11 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 the

46-13 demand to transmit, inform the department of, and transmit to the

46-14 department all such credits, other personal property, or debts in their

46-15 possession, under their control or owing by them within the time and in the

46-16 manner requested by the department. Except as otherwise provided in

46-17 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 of

46-19 payments owed to him, the person who owes or controls the payments shall

46-20 transmit the payments to the department until otherwise notified by the

46-21 department. If the debt of the delinquent taxpayer is not paid within 1 year

46-22 after the department issued the original demand to transmit, it shall issue

46-23 another demand to transmit to the person responsible for making the

46-24 payments informing him to continue to transmit payments to the department

46-25 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 other

46-27 disposition of a deposit in a bank or credit union or other credits or

46-28 personal property in the possession or under the control of a bank , credit

46-29 union or other depository institution, the notice must be delivered or mailed

46-30 to the branch or office of the bank , credit union or other depository

46-31 institution at which the deposit is carried or at which the credits or personal

46-32 property is held.

46-33 7. If any person so notified makes any transfer or other disposition of

46-34 the property or debts required to be withheld or transmitted, to the extent of

46-35 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 to

46-39 whose obligation the notice was given if solely by reason of the transfer or

46-40 other disposition the state is unable to recover the indebtedness of the

46-41 person with respect to whose obligation the notice was given.

47-1 Sec. 80. NRS 364A.140 is hereby amended to read as follows:

47-2 364A.140 1. A tax is hereby imposed upon the privilege of

47-3 conducting business in this state. The tax for each calendar quarter is due on

47-4 the last day of the quarter and must be paid on or before the last day of the

47-5 month immediately following the quarter on the basis of the total number of

47-6 equivalent full-time employees employed by the business in the quarter.

47-7 2. The total number of equivalent full-time employees employed by the

47-8 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, the

47-10 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 the

47-13 department with each remittance of the tax. If the payment due is greater

47-14 than $1,000, the payment must be made by direct deposit at a bank or credit

47-15 union in which the state has an account, unless the department waives this

47-16 requirement pursuant to regulations adopted by the commission. The return

47-17 must include a statement of the number of equivalent full-time employees

47-18 employed by the business in the preceding quarter and any other

47-19 information the department determines is necessary.

47-20 5. The commission shall adopt regulations concerning the payment of

47-21 the tax imposed pursuant to this section by direct deposit.

47-22 Sec. 81. NRS 387.090 is hereby amended to read as follows:

47-23 387.090 The board of trustees of each school district and the governing

47-24 body of each charter school may:

47-25 1. Operate or provide for the operation of programs of nutrition in the

47-26 public schools under their jurisdiction.

47-27 2. Use therefor money disbursed to them pursuant to the provisions of

47-28 NRS 387.070 to 387.105, inclusive, gifts, donations and other money

47-29 received from the sale of food under those programs.

47-30 3. Deposit the money in one or more accounts in [a bank or] one or

47-31 more banks or credit unions within the state.

47-32 4. Contract with respect to food, services, supplies, equipment and

47-33 facilities for the operation of the programs.

47-34 Sec. 82. NRS 394.271 is hereby amended to read as follows:

47-35 394.271 1. Except as otherwise provided in this section, at the time

47-36 application is made for an agent’s permit, a license to operate or a license

47-37 renewal, the superintendent shall require the elementary or secondary

47-38 educational institution making the application to file a good and sufficient

47-39 surety bond in the sum of not less than $5,000. The bond must be executed

47-40 by the applicant as principal and by a surety company qualified and

47-41 authorized to do business in this state. The bond must be made payable to

47-42 the State of Nevada and be conditioned to provide indemnification to any

47-43 pupil, enrollee or his parent or guardian determined to have suffered

48-1 damage as a result of any act by any elementary or secondary educational

48-2 institution or its agent which is a violation of any provision of NRS 394.201

48-3 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, upon

48-5 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 surety

48-7 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’s

48-9 permit, as appropriate, except when a surety is released.

48-10 3. A surety on any bond filed pursuant to this section may be released

48-11 after the surety gives 30 days’ written notice to the superintendent, but the

48-12 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 the

48-14 elementary or secondary educational institution or agent which is alleged to

48-15 have occurred while the bond was in effect, nor for an institution’s closing

48-16 operations during the term for which tuition had been paid while the bond

48-17 was in force.

48-18 4. In lieu of the bond otherwise required by this section, an institution

48-19 may purchase a certificate of deposit in an amount of not less than $5,000

48-20 from a financial institution insured by an agency of the Federal Government

48-21 [.] or by a private insurer approved pursuant to NRS 678.755. The deposit

48-22 may be withdrawn only on the order of the superintendent, except that the

48-23 interest may accrue to the institution. Any pupil, enrollee or his parent or

48-24 guardian who suffers damage as the result of an act described in subsection

48-25 1 may bring and maintain an action to recover against the certificate of

48-26 deposit.

48-27 5. A license or an agent’s permit is suspended by operation of law when

48-28 the institution or agent is no longer covered by a surety bond as required by

48-29 this section and no deposit has been made pursuant to subsection 4 or the

48-30 deposit has been withdrawn. If a bond has been filed, the superintendent

48-31 shall give the institution or agent, or both, at least 30 days’ written notice

48-32 before the release of the surety that the license or permit will be suspended

48-33 by operation of law until another surety bond is filed in the same manner

48-34 and amount as the bond being terminated.

48-35 Sec. 83. NRS 396.383 is hereby amended to read as follows:

48-36 396.383 1. The University and Community College System of

48-37 Nevada accounts payable revolving fund is hereby created. The board of

48-38 regents may deposit the money of the fund in [any] one or more state or

48-39 national [bank or] banks or credit unions in the State of Nevada.

48-40 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 board

48-42 of regents may by rule prescribe.

49-1 (b) Submit claims to the state board of examiners for money of the

49-2 system on deposit in the state treasury or elsewhere to replace money paid

49-3 from the University and Community College System of Nevada accounts

49-4 payable revolving fund.

49-5 Sec. 84. NRS 396.7954 is hereby amended to read as follows:

49-6 396.7954 Any [moneys] money received by the board of regents [in] on

49-7 behalf of the desert research institute pursuant to NRS 396.7952, may be

49-8 deposited by the board of regents to the credit of the desert research institute

49-9 in [any] one or more state or national [bank or] banks or credit unions in

49-10 the State of Nevada. Such deposits may be either time deposits or on open

49-11 account subject to check without notice. The board of regents may act

49-12 through any authorized agent or agents in depositing or withdrawing any

49-13 [moneys] money in such accounts.

49-14 Sec. 85. NRS 396.7974 is hereby amended to read as follows:

49-15 396.7974 Any money received by the board of regents on behalf of the

49-16 ethics institute pursuant to NRS 396.7972, may be deposited by the board of

49-17 regents to the credit of the ethics institute in any [federally insured] financial

49-18 institution in the State of Nevada [.] that is federally insured or insured by

49-19 a private insurer approved pursuant to NRS 678.755. The board of regents

49-20 may act through any authorized agent in depositing or withdrawing any

49-21 money in such an account.

49-22 Sec. 86. NRS 396.815 is hereby amended to read as follows:

49-23 396.815 "Commercial bank" means [a] :

49-24 1. A state or national bank or trust company [which] that is a member

49-25 of the Federal Deposit Insurance Corporation, including , without limitation

49-26 [any trust bank as herein defined.] , a branch of the Federal Reserve Bank.

49-27 2. A credit union whose deposits are insured by the National Credit

49-28 Union Share Insurance Fund or by a private insurer approved pursuant

49-29 to NRS 678.755.

49-30 Sec. 87. NRS 396.836 is hereby amended to read as follows:

49-31 396.836 "Trust bank" means [a] :

49-32 1. A commercial bank [which] that is authorized to exercise and is

49-33 exercising trust powers . [and also means any]

49-34 2. A branch of the Federal Reserve Bank.

49-35 3. A credit union whose deposits are insured by the National Credit

49-36 Union Share Insurance Fund or by a private insurer approved pursuant

49-37 to NRS 678.755 that is authorized to exercise and is exercising trust

49-38 powers.

49-39 Sec. 88. (Deleted by amendment.)

49-40 Sec. 89. NRS 408.240 is hereby amended to read as follows:

49-41 408.240 1. The state highway revolving account is hereby established

49-42 in an amount not to exceed $500,000. The money in the account may be

49-43 used by the department to provide advances to employees of the department

50-1 for travel expenses and subsistence allowances and for paying travel

50-2 expenses and subsistence allowances and other charges and obligations

50-3 requiring prompt payment, and for no other purposes.

50-4 2. The state controller shall draw his warrant to establish an amount of

50-5 $125,000 in the account. Thereafter, upon written request of the board, as it

50-6 deems increases in the account to be necessary, the controller shall draw

50-7 additional warrants. Upon presentation of such a warrant to the state

50-8 treasurer, the state treasurer shall pay it.

50-9 3. All money paid by the department from the state highway revolving

50-10 account must, after payment thereof, be passed upon by the state board of

50-11 examiners in the same manner as other claims against the state. When

50-12 approved by the state board of examiners, the state controller shall draw his

50-13 warrant for the amount of the money paid in favor of the state highway

50-14 revolving account to be paid to the order of the director, and the state

50-15 treasurer shall pay the warrant.

50-16 4. The director shall deposit the state highway revolving account in one

50-17 or more banks or credit unions of reputable standing and secure the deposit

50-18 by a depositary bond satisfactory to the state board of examiners.

50-19 5. A least once each calendar quarter, the director shall transfer any

50-20 interest and other income earned on the money in the state highway

50-21 revolving account to the state highway fund.

50-22 Sec. 90. NRS 408.383 is hereby amended to read as follows:

50-23 408.383 1. Except as otherwise provided in subsections 2 and 11, the

50-24 director may pay at the end of each calendar month, or as soon thereafter as

50-25 practicable, to any contractor satisfactorily performing any highway

50-26 improvement or construction as the work progresses in full for the work as

50-27 completed but not more than 95 percent of the entire contract price. The

50-28 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 expended

50-30 thereon. The remaining 5 percent, but not more than $50,000, must be

50-31 retained until the entire contract is completed satisfactorily and accepted by

50-32 the director.

50-33 2. If the work in progress is being performed on a satisfactory basis, the

50-34 director may reduce the percentage retained if he finds that sufficient

50-35 reasons exist for additional payment and has obtained written approval from

50-36 every surety furnishing bonds for the work. Any remaining money must be

50-37 retained until the entire contract is completed satisfactorily and accepted by

50-38 the director.

50-39 3. If it becomes necessary for the department to take over the

50-40 completion of any highway contract or contracts, all of the amounts owing

50-41 the contractor, including the withheld percentage, must first be applied

51-1 toward the cost of completion of the contract or contracts. Any balance

51-2 remaining in the retained percentage after completion by the department is

51-3 payable to the contractor or the contractor’s creditors.

51-4 4. Such retained percentage as may be due any contractor is due and

51-5 payable at the expiration of the 30-day period as provided in NRS 408.363

51-6 for filing of creditors’ claims, and this retained percentage is due and

51-7 payable to the contractor at that time without regard to creditors’ claims

51-8 filed with the department.

51-9 5. The contractor under any contract made or awarded by the

51-10 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 sums

51-13 otherwise due to the contractor under the contract which are retained by the

51-14 department, pursuant to the terms of the contract, if the contractor deposits

51-15 with the director:

51-16 (a) United States treasury bonds, United States treasury notes, United

51-17 States treasury certificates of indebtedness or United States treasury bills;

51-18 (b) Bonds or notes of the State of Nevada; or

51-19 (c) General obligation bonds of any political subdivision of the State of

51-20 Nevada.

51-21 Certificates of deposit must be of a market value not exceeding par, at the

51-22 time of deposit, but at least equal in value to the amount so withdrawn from

51-23 payments retained under the contract.

51-24 6. The director has the power to enter into a contract or agreement with

51-25 any national bank, state bank, credit union, trust company or safe deposit

51-26 company located in the State of Nevada, designated by the contractor after

51-27 notice to the owner and surety, to provide for the custodial care and

51-28 servicing of any obligations deposited with him pursuant to this section.

51-29 Such services include the safekeeping of the obligations and the rendering

51-30 of all services required to effectuate the purposes of this section.

51-31 7. The director or any national bank, state bank, credit union, trust

51-32 company or safe deposit company located in the State of Nevada,

51-33 designated by the contractor to serve as custodian for the obligations

51-34 pursuant to subsection 6, shall collect all interest or income when due on the

51-35 obligations so deposited and shall pay them, when and as collected, to the

51-36 contractor who deposited the obligation. If the deposit is in the form of

51-37 coupon bonds, the director shall deliver each coupon as it matures to the

51-38 contractor.

51-39 8. Any amount deducted by the State of Nevada, or pursuant to the

51-40 terms of a contract, from the retained payments otherwise due to the

51-41 contractor thereunder, must be deducted first from that portion of the

51-42 retained payments for which no obligation has been substituted, then from

52-1 the proceeds of any deposited obligation. In the latter case, the contractor is

52-2 entitled to receive the interest, coupons or income only from those

52-3 obligations which remain on deposit after that amount has been deducted.

52-4 9. A contractor shall disburse money paid to him pursuant to this

52-5 section, including any interest that the contractor receives, to his

52-6 subcontractors and suppliers within 15 days after he receives the money in

52-7 the proportion that the value of the work performed by each subcontractor

52-8 or the materials furnished by each supplier bears to the total amount of the

52-9 contract between the principal contractor and the department.

52-10 10. Money payable to a subcontractor or supplier accrues interest at a

52-11 rate equal to the lowest daily prime rate at the three largest banks in the

52-12 United States on the date the subcontract or order for supplies was executed

52-13 plus 2 percent, from 15 days after the money was received by the principal

52-14 contractor until the date of payment.

52-15 11. If a contractor withholds more than 10 percent of a payment

52-16 required by subsection 9, the subcontractor or supplier may inform the

52-17 director in writing of the amount due. The director shall attempt to resolve

52-18 the dispute between the contractor and the subcontractor or supplier within

52-19 20 working days after the date that the director receives notice of the

52-20 amount due. If the dispute is not resolved within 20 working days after the

52-21 date that the director receives notice of the amount due, the contractor shall

52-22 deposit the disputed amount in an escrow account that bears interest. The

52-23 contractor, subcontractor or supplier may pursue any legal or equitable

52-24 remedy to resolve the dispute over the amount due. The director may not be

52-25 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:

52-28 417.130 1. Notwithstanding the provisions of subsection 2 of NRS

52-29 417.110, the executive director may receive a fee, in an amount set by the

52-30 court, for his guardianship services in any estate where the ward dies

52-31 leaving no will or heirs.

52-32 2. The fee must be deposited in a bank or credit union in an account

52-33 for veterans’ relief.

52-34 Sec. 92. NRS 417.140 is hereby amended to read as follows:

52-35 417.140 1. The money in the account for veterans’ relief must, in the

52-36 discretion of the executive director, be used to aid destitute veterans and

52-37 their dependents.

52-38 2. The executive director shall deposit the money in the account in:

52-39 (a) A savings account in a bank [.] or credit union.

52-40 (b) A commercial checking account in a bank [.] or credit union.

52-41 3. The executive director shall keep an accurate record of any receipt or

52-42 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:

53-5 423.085 Each superintendent may establish a savings account with a

53-6 bank , credit union or a savings and loan association authorized to do

53-7 business in this state. The superintendent may place in the account money

53-8 that was not appropriated by the State of Nevada but which is held for the

53-9 benefit of the children in:

53-10 1. The children’s home; or

53-11 2. Any other home or structure in which shelter and care is provided to

53-12 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:

53-14 423.135 1. The Nevada children’s gift revolving account is hereby

53-15 created. All money in the Nevada children’s gift revolving account must be

53-16 deposited in a financial institution qualified to receive deposits of public

53-17 money and must be secured with a depository bond that is satisfactory to the

53-18 state board of examiners, unless it is otherwise secured by the Federal

53-19 Deposit Insurance Corporation [.] , the National Credit Union Share

53-20 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 be

53-22 distributed by the division to foster parents, upon request, on the basis of

53-23 need, to pay the costs associated with participation by a child in foster care

53-24 in intramural, recreational, social, school and sports-related activities,

53-25 including, but not limited to, uniforms and equipment, the rental of musical

53-26 instruments, registration fees and art lessons.

53-27 3. All requests for distributions of money from the Nevada children’s

53-28 gift revolving account must be made to the division in writing. The person

53-29 making the request must demonstrate that all other resources for money to

53-30 pay for the activity have been exhausted.

53-31 4. The division shall develop policies for the administration of this

53-32 section.

53-33 5. Purchases made by the division pursuant to this section are exempt

53-34 from the provisions of the State Purchasing Act.

53-35 6. The balance in the Nevada children’s gift revolving account must be

53-36 carried forward at the end of each fiscal year.

53-37 Sec. 95. NRS 426.565 is hereby amended to read as follows:

53-38 426.565 1. There is hereby created the services to the blind revolving

53-39 account, in the amount of $25,000, which must be used by the chief for the

53-40 purposes of:

53-41 (a) Providing inventories of tools, aids, appliances, supplies and other

53-42 accessories used by the blind; and

54-1 (b) Payment of the claims of applicants for or recipients of services of

54-2 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 accessories

54-5 used by the blind at cost or at cost plus the costs of administration and

54-6 receipts must be deposited forthwith in the services to the blind revolving

54-7 account.

54-8 2. The chief shall deposit the money in the services to the blind

54-9 revolving account in a bank or credit union qualified to receive deposits of

54-10 public money. The deposit must be secured by a depository bond

54-11 satisfactory to the state board of examiners, unless otherwise secured by the

54-12 Federal Deposit Insurance Corporation [.] , the National Credit Union

54-13 Share Insurance Fund or a private insurer approved pursuant to NRS

54-14 678.755.

54-15 3. Purchases made for the purpose of providing and maintaining the

54-16 inventories authorized by subsection 1 are exempt from the provisions of

54-17 the State Purchasing Act at the discretion of the chief of the purchasing

54-18 division of the department of administration or his designated

54-19 representative.

54-20 4. The bureau shall:

54-21 (a) Maintain current inventory records of all merchandise charged to the

54-22 services to the blind revolving account;

54-23 (b) Conduct a periodic physical count of all the merchandise; and

54-24 (c) Reconcile the results of the periodic physical count with all assets and

54-25 liabilities of the account.

54-26 The balance in the revolving account must equal $25,000 after subtracting

54-27 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 applicants

54-29 for or recipients of services from the bureau and vendors providing services

54-30 to those applicants or recipients, including maintenance and transportation,

54-31 from the services to the blind revolving account, the chief shall present a

54-32 claim to the state board of examiners. When approved by the state board of

54-33 examiners, the state controller shall draw his warrant in the amount of the

54-34 claim in favor of the services to the blind revolving account and the state

54-35 treasurer shall pay it. The receipt must be deposited forthwith in the services

54-36 to the blind revolving account.

54-37 Sec. 96. NRS 426.677 is hereby amended to read as follows:

54-38 426.677 1. The bureau may, in interim periods when no blind licensee

54-39 is available to operate a vending facility and its continuous operation is

54-40 required, establish a checking account in a depository bank or credit union

54-41 qualified to receive deposits of public money pursuant to chapter 356 of

55-1 NRS. All money received from the vending facility during the interim

55-2 period must be deposited to the account and all expenses necessary to

55-3 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 a

55-5 temporary disability, the bureau shall prepare a financial report and close

55-6 the checking account by making a check in the amount of any balance

55-7 remaining in the account payable to the licensee.

55-8 3. If a blind licensee other than the one who previously operated the

55-9 facility is permanently assigned to it, the bureau shall prepare a financial

55-10 report and close the checking account by making a check in the amount of

55-11 any balance remaining in the account payable to the business enterprise

55-12 account for the blind.

55-13 Sec. 97. NRS 432.038 is hereby amended to read as follows:

55-14 432.038 Subject to the approval and regulations of the state board of

55-15 examiners, the division may maintain an account in a bank [account] or

55-16 credit union for the purchase of birth certificates, death certificates and

55-17 other records of vital statistics [records] necessary to perform eligibility and

55-18 other case-work functions of the division pursuant to NRS 432.010 to

55-19 432.085, inclusive.

55-20 Sec. 98. NRS 432.095 is hereby amended to read as follows:

55-21 432.095 1. There is hereby created the placement prevention

55-22 revolving account in the amount of $25,000 to be used for the payment of

55-23 claims of recipients of goods or services from the division and vendors

55-24 providing goods or services to those recipients pursuant to procedures

55-25 established by the division.

55-26 2. Upon written request from the administrator, the state controller shall

55-27 draw his warrant from money already authorized for the use of the division

55-28 in the sum of $25,000. When the warrant is paid, the administrator shall

55-29 deposit the money in a financial institution qualified to receive deposits of

55-30 public money. All money deposited in the placement prevention revolving

55-31 account pursuant to this section must be secured with a depository bond that

55-32 is satisfactory to the state board of examiners, unless it is otherwise secured

55-33 by the Federal Deposit Insurance Corporation [.] , the National Credit

55-34 Union Share Insurance Fund or a private insurer approved pursuant to

55-35 NRS 678.755.

55-36 3. After an expenditure of money from the placement prevention

55-37 revolving account, the administrator shall present a claim to the state board

55-38 of examiners to maintain a balance of $25,000. If the claim is approved by

55-39 the state board of examiners, the state controller shall draw his warrant from

55-40 money already authorized for the use of the division in the amount of the

55-41 claim in favor of the placement prevention revolving account, and the state

55-42 treasurer shall pay the warrant.

56-1 4. Money in the placement prevention revolving account does not revert

56-2 to the state general fund at the end of the fiscal year, and the balance in the

56-3 account must be carried forward.

56-4 5. Purchases made by the division pursuant to this section are exempt

56-5 from the State Purchasing Act.

56-6 Sec. 99. NRS 433.424 is hereby amended to read as follows:

56-7 433.424 A mental health and mental retardation center revolving

56-8 account up to the amount of $5,000 is hereby created for each division

56-9 mental health and mental retardation center, and may be used for the

56-10 payment of mental health or mental retardation center bills requiring

56-11 immediate payment and for no other purposes. The respective

56-12 administrative officers shall deposit the money for the respective revolving

56-13 accounts in one or more banks or credit unions of reputable standing.

56-14 Payments made from each account must be promptly reimbursed from

56-15 appropriated money of the respective mental health or mental retardation

56-16 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:

56-18 433.539 1. There may be maintained as a trust fund at each division

56-19 facility a clients’ personal deposit fund.

56-20 2. Money coming into the possession of the administrative officer of a

56-21 division facility which belongs to a client must be credited in the fund in the

56-22 name of that client.

56-23 3. When practicable, individual credits in the fund must not exceed the

56-24 sum of $300.

56-25 4. Any amounts to the credit of a client may be used for purchasing

56-26 personal necessities, for expenses of burial or may be turned over to the

56-27 client upon his demand, except that when the client is adjudicated mentally

56-28 incompetent the guardian of his estate has the right to demand and receive

56-29 the money.

56-30 5. An amount accepted for the benefit of a client for a special purpose

56-31 must be reserved for that purpose regardless of the total amount to the credit

56-32 of the client.

56-33 6. Except as otherwise provided in subsection 7, the administrative

56-34 officers shall deposit any money received for the funds of their respective

56-35 facilities in commercial accounts with one or more banks or credit unions

56-36 of reputable standing. When deposits in a commercial account exceed

56-37 $15,000, the administrative officer may deposit the excess in a savings

56-38 account paying interest in any reputable commercial bank, or in any

56-39 [federally insured] credit union or savings and loan association within [the

56-40 state.] this state that is federally insured or insured by a private insurer

56-41 approved pursuant to NRS 678.755. The savings account must be in the

56-42 name of the fund. Interest paid on deposits in the savings account may be

56-43 used for recreational purposes at the division facility.

57-1 7. The administrative officers may maintain at their respective division

57-2 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 their

57-4 accounts.

57-5 Sec. 101. NRS 433A.090 is hereby amended to read as follows:

57-6 433A.090 There is hereby created a revolving account for the mental

57-7 health institute in the sum of $7,500, which may be used for the payment of

57-8 bills of the institute requiring immediate payment and for no other purpose.

57-9 The administrative officer for the institute shall deposit the revolving

57-10 account in one or more banks or credit unions of reputable standing.

57-11 Payments made from the revolving account must be promptly reimbursed

57-12 from appropriated money of the institute as other claims against the state are

57-13 paid.

57-14 Sec. 102. NRS 433B.270 is hereby amended to read as follows:

57-15 433B.270 A revolving account of not more than $5,000 is hereby

57-16 created for each division facility. Money in the respective revolving

57-17 accounts may be expended only for the payment of bills of the respective

57-18 division facilities requiring immediate payment. The respective

57-19 administrative officers shall deposit the money for the respective revolving

57-20 accounts in one or more banks or credit unions of reputable standing.

57-21 Payments made from each account must be promptly reimbursed from

57-22 appropriated money of the respective division facilities on claims as other

57-23 claims against the state are paid.

57-24 Sec. 103. NRS 435.390 is hereby amended to read as follows:

57-25 435.390 1. The administrative officer of any division facility where

57-26 mentally retarded persons reside may establish a canteen operated for the

57-27 benefit of clients and employees of the facility. The administrative officer

57-28 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 the

57-30 state may be used for its operation.

57-31 3. The respective administrative officers shall deposit the money used

57-32 for the operation of the canteen in one or more banks or credit unions of

57-33 reputable standing, except that an appropriate sum may be maintained as

57-34 petty cash at each canteen.

57-35 Sec. 104. NRS 440.690 is hereby amended to read as follows:

57-36 440.690 1. The state registrar shall keep a true and correct account of

57-37 all fees received under this chapter.

57-38 2. The money collected pursuant to subsection 2 of NRS 440.700 must

57-39 be remitted by the state registrar to the state treasurer for credit to the

57-40 children’s trust account, and any other proceeds accruing to the State of

57-41 Nevada under the provisions of this chapter must be forwarded to the state

57-42 treasurer for deposit in the state general fund.

58-1 3. Upon the approval of the state board of examiners and pursuant to its

58-2 regulations, the health division may maintain an account in a bank

58-3 [account] or credit union for the purpose of refunding overpayments of fees

58-4 for vital statistics.

58-5 Sec. 105. NRS 452.160 is hereby amended to read as follows:

58-6 452.160 1. Endowment care funds must not be used for any purpose

58-7 other than to provide, through income only, for the reserves authorized by

58-8 law and for the endowment care of the cemetery in accordance with the

58-9 resolutions, bylaws, rules and regulations or other actions or instruments of

58-10 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 trust

58-16 deeds on improved real estate;

58-17 (e) [Bank deposits] Deposits in any [federally insured] bank , credit

58-18 union or savings and loan association [;] that is federally insured or

58-19 insured by a private insurer approved pursuant to NRS 678.755; or

58-20 (f) With the written approval of the administrator, any investment which

58-21 would be proper under the provisions of NRS 164.050.

58-22 Pending investment as provided in this subsection, such funds may be

58-23 deposited in [a federally insured] an account in any savings bank , credit

58-24 union or savings and loan association which is qualified to do business in

58-25 the State of Nevada [.] and which is federally insured or insured by a

58-26 private insurer approved pursuant to NRS 678.755.

58-27 3. Each cemetery authority operating an endowment care cemetery shall

58-28 submit to the administrator annually, on a form prescribed and adopted by

58-29 the administrator, a financial statement of the condition of its endowment

58-30 care fund. The statement must be accompanied by a fee of $10. If the

58-31 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:

58-34 452.720 1. Money held in trust for the endowment care of a cemetery

58-35 for pets must not be used for any purpose other than to provide, through

58-36 income only, for the reserves authorized by law and for the endowment care

58-37 of the cemetery in accordance with the resolutions, bylaws, rules and

58-38 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 trust

59-2 deeds on improved real estate;

59-3 (e) [Bank deposits] Deposits in any [federally insured] bank , credit

59-4 union or savings and loan association [;] that is federally insured or

59-5 insured by a private insurer approved pursuant to NRS 678.755; or

59-6 (f) With the written approval of the administrator, any investment which

59-7 would be proper under the provisions of NRS 164.050.

59-8 Pending investment as provided in this subsection, such money may be

59-9 deposited in [a federally insured] an account in any savings bank , credit

59-10 union or savings and loan association which is qualified to do business in

59-11 this state [.] and which is federally insured or insured by a private insurer

59-12 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 statement

59-15 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 not

59-17 received by the administrator he may, after giving 10 days’ notice, revoke

59-18 the cemetery authority’s certificate of authority.

59-19 Sec. 107. NRS 463.330 is hereby amended to read as follows:

59-20 463.330 1. Costs of administration of this chapter incurred by the

59-21 commission and the gaming control board must be paid from the state

59-22 general fund on claims presented by the commission and the board,

59-23 respectively, and approved and paid as other claims against the state are

59-24 paid. The commission and the board shall comply with the provisions of the

59-25 State Budget Act in order that legislative authorization for budgeted

59-26 expenditures may be provided.

59-27 2. In order to facilitate the confidential investigation of violations of

59-28 this chapter and the regulations adopted by the commission pursuant to [it,]

59-29 this chapter, there is hereby created the state gaming control board

59-30 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 the

59-32 amount of $10,000, and upon presentation of the warrant to the state

59-33 treasurer, he shall pay it. When the warrant is paid, the chairman shall

59-34 deposit the $10,000 in a bank or credit union of reputable standing [, which

59-35 bank] which shall secure the deposit with a depository bond satisfactory to

59-36 the state board of examiners.

59-37 3. The chairman of the board may use the revolving account to pay the

59-38 reasonable expenses of agents and employees of the board engaged in

59-39 confidential investigations concerning the enforcement of this chapter,

59-40 including the prepayment of expenses where necessary, whether such

59-41 expenses are incurred for investigation of known or suspected violations. In

59-42 allowing such expenses the chairman is not limited or bound by the

59-43 provisions of NRS 281.160.

60-1 4. After the expenditure of money from the revolving account, the

60-2 chairman of the board shall present a claim to the state board of examiners

60-3 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 the

60-5 state, but the claim must not detail the investigation made as to the agent or

60-6 employee making the investigation or the person or persons investigated. If

60-7 the state board of examiners is not satisfied with the claim, the members

60-8 thereof may orally examine the chairman concerning the claim.

60-9 5. Expenditures from the revolving account may not exceed the amount

60-10 authorized by the legislature in any [1] fiscal year.

60-11 Sec. 108. NRS 463.368 is hereby amended to read as follows:

60-12 463.368 1. A credit instrument accepted on or after June 1, 1983, and

60-13 the debt that the credit instrument represents are valid and may be enforced

60-14 by legal process.

60-15 2. A licensee or a person acting on behalf of a licensee may accept an

60-16 incomplete credit instrument which:

60-17 (a) Is signed by a patron; and

60-18 (b) States the amount of the debt in figures,

60-19 and may complete the instrument as is necessary for the instrument to be

60-20 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 affiliated

60-23 company or may complete a credit instrument in the name of an affiliated

60-24 company as payee if the credit instrument otherwise complies with this

60-25 subsection and the records of the affiliated company pertaining to the credit

60-26 instrument are made available to agents of the board upon request.

60-27 (b) May accept a credit instrument either before, at the time [,] or after

60-28 the patron incurs the debt. The credit instrument and the debt that the credit

60-29 instrument represents are enforceable without regard to whether the credit

60-30 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 a

60-32 deposit of cash, recognized traveler’s check, or any other instrument which

60-33 is equivalent to cash.

60-34 5. If a credit instrument is lost or destroyed, the debt represented by the

60-35 credit instrument may be enforced if the licensee or person if acting on

60-36 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 involving

60-38 gambling:

60-39 (a) Is not a defense in any action by a licensee or a person acting on

60-40 behalf of a licensee to enforce a credit instrument or the debt that the credit

60-41 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 only

61-2 to the penalties provided in NRS 463.310 to 463.318, inclusive. The failure

61-3 of a person to comply with the provisions of this section or the regulations

61-4 of the commission does not invalidate a credit instrument or affect the

61-5 ability to enforce the credit instrument or the debt that the credit instrument

61-6 represents.

61-7 8. The commission may adopt regulations prescribing the conditions

61-8 under which a credit instrument may be redeemed or presented to a bank or

61-9 credit union for collection or payment.

61-10 Sec. 109. NRS 481.260 is hereby amended to read as follows:

61-11 481.260 1. The director may expend money appropriated for that

61-12 purpose, as he determines necessary, to assist local law enforcement

61-13 agencies or the investigation division in the purchase of evidence and in

61-14 employing persons other than peace officers to obtain evidence.

61-15 2. Upon receiving a written request from the director for money

61-16 appropriated pursuant to this section, the state controller shall draw his

61-17 warrant, payable to the director, in an amount which does not exceed any

61-18 limit set by the legislature in the appropriation.

61-19 3. The director may keep money which he has drawn pursuant to this

61-20 section in [bank] accounts in one or more banks or credit unions or in

61-21 cash.

61-22 Sec. 110. NRS 482.3337 is hereby amended to read as follows:

61-23 482.3337 1. Each broker shall open and maintain a separate trust

61-24 account in a [federally insured] bank , credit union or savings and loan

61-25 association in this state [into which he] that is federally insured or insured

61-26 by a private insurer approved pursuant to NRS 678.755. He shall deposit

61-27 into the trust account any money received from a prospective buyer as a

61-28 deposit on a vehicle. A broker shall not:

61-29 (a) Commingle the money in the trust account with any money that is not

61-30 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 a

61-33 vehicle in an amount that exceeds 10 percent of the purchase price of the

61-34 vehicle.

61-35 Sec. 111. NRS 482.346 is hereby amended to read as follows:

61-36 482.346 1. In lieu of a bond an applicant may deposit with the

61-37 department, under terms prescribed by the department:

61-38 (a) A like amount of lawful money of the United States or bonds of the

61-39 United States or of the State of Nevada of an actual market value of not less

61-40 than the amount fixed by the department; or

61-41 (b) A savings certificate of a bank , credit union or savings and loan

61-42 association situated in Nevada, which must indicate an account of an

61-43 amount equal to the amount of the bond which would otherwise be required

62-1 by NRS 482.345 and that this amount is unavailable for withdrawal except

62-2 upon order of the department. Interest earned on the amount accrues to the

62-3 account of the applicant.

62-4 2. A deposit made pursuant to subsection 1 may be disbursed by the

62-5 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 an

62-7 action of the licensee, or released upon receipt of:

62-8 (a) A court order requiring the director to release all or a specified

62-9 portion of the deposit; or

62-10 (b) A statement signed by the person or persons under whose name the

62-11 deposit is made and acknowledged before any person authorized to take

62-12 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 release

62-14 is requested.

62-15 3. When a deposit is made pursuant to subsection 1, liability under the

62-16 deposit is in the amount prescribed by the department. If the amount of the

62-17 deposit is reduced or there is an outstanding court judgment for which the

62-18 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 amount

62-22 required under this section; or

62-23 (c) Satisfies the outstanding judgment for which he is liable under the

62-24 deposit.

62-25 4. A deposit made pursuant to subsection 1 may be refunded:

62-26 (a) By order of the director, [at the expiration of] 3 years [from] after the

62-27 date [when] the licensee ceases to be licensed by the department, if the

62-28 director is satisfied that there are no outstanding claims against the deposit;

62-29 or

62-30 (b) By order of court, at any time [prior to the expiration of] within 3

62-31 years [from] after the date the licensee ceases to be licensed by the

62-32 department, upon evidence satisfactory to the court that there are no

62-33 outstanding claims against the deposit.

62-34 5. Any money received by the department pursuant to subsection 1 must

62-35 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:

62-37 487.060 1. No license may be issued to an automobile wrecker until

62-38 he has procured and filed with the department a good and sufficient bond in

62-39 the amount of $50,000, with a corporate surety thereon licensed to do

62-40 business in the State of Nevada, approved as to form by the attorney

62-41 general, and conditioned that the applicant conducts his business as a

62-42 wrecker without fraud or fraudulent representation, and without violation of

62-43 the provisions of NRS 487.045 to [487.190,] 487.200, inclusive. The

63-1 department may, by agreement with any automobile wrecker who has been

63-2 licensed for 5 years or more by the department or a department of motor

63-3 vehicles in another state, reduce the amount of the bond of the wrecker, if

63-4 the business of that wrecker has been conducted satisfactorily for the

63-5 preceding 5 years, but no bond may be in an amount less than $5,000. The

63-6 department shall make the necessary investigation to determine whether a

63-7 wrecker licensed in another state has conducted its business satisfactorily.

63-8 2. The bond may be continuous in form and the total aggregate liability

63-9 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 the

63-11 automobile wrecker in violation of any of the provisions of NRS 487.045 to

63-12 487.160, inclusive, may apply to the director for compensation from the

63-13 bond. The director, for good cause shown and after notice and opportunity

63-14 for hearing, may determine the amount of compensation and the person to

63-15 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 the

63-17 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 State

63-19 of Nevada of an actual market value of not less than the amount fixed by the

63-20 department; or

63-21 (b) A savings certificate of a bank , credit union or savings and loan

63-22 association situated in Nevada, which must indicate an account of an

63-23 amount equal to the amount of the bond which would otherwise be required

63-24 by this section and that this amount is unavailable for withdrawal except

63-25 upon order of the department. Interest earned on the certificate accrues to

63-26 the account of the applicant.

63-27 5. A deposit made pursuant to subsection 4 may be disbursed by the

63-28 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 an

63-30 action of the licensee, or released upon receipt of:

63-31 (a) A court order requiring the director to release all or a specified

63-32 portion of the deposit; or

63-33 (b) A statement signed by the person in whose name the deposit is made

63-34 and acknowledged before any person authorized to take acknowledgments

63-35 in this state, requesting the director to release the deposit, or a specified

63-36 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 the

63-38 deposit is in the amount prescribed by the department. If the amount of the

63-39 deposit is reduced or there is an outstanding judgment for which the licensee

63-40 is liable under the deposit, the license is automatically suspended. The

63-41 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 amount

64-2 required under this section; or

64-3 (c) Satisfies the outstanding judgment for which he is liable under the

64-4 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 to

64-7 be licensed by the department, if the director is satisfied that there are no

64-8 outstanding claims against the deposit; or

64-9 (b) By order of court, at any time within 3 years after the date the

64-10 licensee ceases to be licensed by the department, upon evidence satisfactory

64-11 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 must

64-13 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:

64-15 487.420 1. No applicant may be granted a license to operate a salvage

64-16 pool until he has procured and filed with the department a good and

64-17 sufficient bond in the amount of $50,000, with a corporate surety thereon

64-18 licensed to do business in the State of Nevada, approved as to form by the

64-19 attorney general, and conditioned that the applicant conducts his business as

64-20 an operator of a salvage pool without fraud or fraudulent representation, and

64-21 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 who

64-23 has been licensed by the department for 5 years or more, allow a reduction

64-24 in the amount of his bond, if his business has been conducted satisfactorily

64-25 for the preceding 5 years, but no bond may be in an amount less than

64-26 $5,000.

64-27 2. The bond may be continuous in form and the total aggregate liability

64-28 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 the

64-30 operator of the salvage pool in violation of any of the provisions of NRS

64-31 487.400 to 487.510, inclusive, may apply to the director for compensation

64-32 from the bond. The director, for good cause shown and after notice and

64-33 opportunity for hearing, may determine the amount of compensation and the

64-34 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 the

64-36 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 State

64-38 of Nevada of an actual market value of not less than the amount fixed by the

64-39 department; or

64-40 (b) A savings certificate of a bank , credit union or savings and loan

64-41 association situated in Nevada, which must indicate an account of an

64-42 amount equal to the amount of the bond which would otherwise be required

65-1 by this section and that this amount is unavailable for withdrawal except

65-2 upon order of the department. Interest earned on the certificate accrues to

65-3 the account of the applicant.

65-4 5. A deposit made pursuant to subsection 4 may be disbursed by the

65-5 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 an

65-7 action of the licensee, or released upon receipt of:

65-8 (a) A court order requiring the director to release all or a specified

65-9 portion of the deposit; or

65-10 (b) A statement signed by the person under whose name the deposit is

65-11 made and acknowledged before any person authorized to take

65-12 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 release

65-14 is requested.

65-15 6. When a deposit is made pursuant to subsection 4, liability under the

65-16 deposit is in the amount prescribed by the department. If the amount of the

65-17 deposit is reduced or there is an outstanding judgment of a court for which

65-18 the licensee is liable under the deposit, the license is automatically

65-19 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 amount

65-22 required under this section; or

65-23 (c) Satisfies the outstanding judgment for which he is liable under the

65-24 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 to

65-27 be licensed by the department, if the director is satisfied that there are no

65-28 outstanding claims against the deposit; or

65-29 (b) By order of court, at any time within 3 years after the date the licensee

65-30 ceases to be licensed by the department, upon evidence satisfactory to the

65-31 court that there are no outstanding claims against the deposit.

65-32 8. Any money received by the department pursuant to subsection 4 must

65-33 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:

65-35 487.640 1. No license may be issued to an operator of a body shop

65-36 until he procures and files with the department a good and sufficient bond in

65-37 the amount of $10,000, with a corporate surety thereon licensed to do

65-38 business in the State of Nevada, approved as to form by the attorney

65-39 general, and conditioned that the applicant shall conduct his business as an

65-40 operator of a body shop without fraud or fraudulent representation, and in

65-41 compliance with the provisions of NRS 487.035, [487.610] 487.600 to

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 by

66-1 the department for 5 years or more, allow a reduction in the amount of the

66-2 bond of the operator, if the business of the operator has been conducted

66-3 satisfactorily for the preceding 5 years, but no bond may be in an amount

66-4 less than $1,000.

66-5 2. The bond may be continuous in form and the total aggregate liability

66-6 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 the

66-8 operator of the body shop in violation of any of the provisions of NRS

66-9 487.035, [487.610] 487.600 to 487.690, inclusive, and 597.480 to 597.590,

66-10 inclusive, may apply to the director for compensation from the bond. The

66-11 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 to

66-13 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 the

66-15 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 State

66-17 of Nevada of an actual market value of not less than the amount fixed by the

66-18 department; or

66-19 (b) A savings certificate of a bank , credit union or savings and loan

66-20 association situated in Nevada, which must indicate an account of an

66-21 amount equal to the amount of the bond which would otherwise be required

66-22 by this section and that this amount is unavailable for withdrawal except

66-23 upon order of the department. Interest earned on the certificate accrues to

66-24 the account of the applicant.

66-25 5. A deposit made pursuant to subsection 4 may be disbursed by the

66-26 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 an

66-28 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 specified

66-30 portion of the deposit; or

66-31 (b) A statement signed by the person under whose name the deposit is

66-32 made and acknowledged before any person authorized to take

66-33 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 release

66-35 is requested.

66-36 6. When a deposit is made pursuant to subsection 4, liability under the

66-37 deposit is in the amount prescribed by the department. If the amount of the

66-38 deposit is reduced or there is an outstanding judgment of a court for which

66-39 the licensee is liable under the deposit, the license is automatically

66-40 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 amount

66-43 required under this section; or

67-1 (c) Satisfies the outstanding judgment for which he is liable under the

67-2 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 to

67-5 be licensed by the department, if the director is satisfied that there are no

67-6 outstanding claims against the deposit; or

67-7 (b) By order of court, at any time within 3 years after the date the

67-8 licensee ceases to be licensed by the department, upon evidence satisfactory

67-9 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 must

67-11 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:

67-13 489.724 1. All down payments, deposits of earnest money, proceeds

67-14 of loans or other money which a dealer receives, on behalf of his principal

67-15 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 this

67-17 state whose deposits are insured by an agency of the Federal Government [.]

67-18 or by a private insurer approved pursuant to NRS 678.755.

67-19 2. Every dealer required to maintain a separate or trust account shall

67-20 keep records of all money deposited therein. The records must clearly

67-21 indicate the date and from whom he received money, the date deposited, the

67-22 dates of withdrawals, and other pertinent information concerning the

67-23 transaction, and must show clearly for whose account the money is

67-24 deposited and to whom the money belongs. All such records and money are

67-25 subject to inspection and audit by the division and its authorized

67-26 representatives. All such separate trust accounts must designate the dealer as

67-27 trustee and provide for the withdrawal of money without previous notice.

67-28 3. All money deposited in a separate trust account from down

67-29 payments, deposits of earnest money, proceeds of loans or other money

67-30 received by a dealer from a person pursuant to a written contract signed by

67-31 the dealer and that person must not be withdrawn from the account except to

67-32 pay specific expenses as authorized by the written contract.

67-33 4. Each dealer shall notify the division of the names of the financial

67-34 institutions in which he maintains trust accounts and specify the names of

67-35 the accounts on forms provided by the division.

67-36 Sec. 116. NRS 501.359 is hereby amended to read as follows:

67-37 501.359 1. The wildlife imprest account in the amount of $15,000 is

67-38 hereby created for the use of the division, subject to the following

67-39 conditions:

67-40 (a) The money must be deposited in a bank or credit union qualified to

67-41 receive deposits of public money, except that $500 must be kept in the

67-42 custody of an employee designated by the administrator for immediate use

67-43 for purposes set forth in this section.

68-1 (b) The account must be replenished periodically from the wildlife

68-2 account in the state general fund upon approval of expenditures as required

68-3 by law and submission of vouchers or other documents to indicate payment

68-4 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 for

68-7 payment from the wildlife account in the state general fund.

68-8 3. The wildlife imprest account may be used to provide money to

68-9 employees of the division for travel expenses and subsistence allowances

68-10 arising out of their official duties or employment. All advances constitute a

68-11 lien in favor of the division upon the accrued wages of the requesting

68-12 employee in an amount equal to the money advanced, but the administrator

68-13 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 any

68-15 authorized expenses and subsistence in excess of the amount advanced.

68-16 Sec. 117. NRS 522.113 is hereby amended to read as follows:

68-17 522.113 1. The owner, lessee, operator or other person who is liable

68-18 for payment of the money derived from the sale of the production from an

68-19 oil or gas well located in [the] this state shall:

68-20 (a) Pay the money directly to each person identified as being legally

68-21 entitled thereto not later than:

68-22 (1) Six months after the first day of the month following the date of

68-23 the first sale of the production, and thereafter not later than 60 days after the

68-24 end of the month within which subsequent production is sold; or

68-25 (2) Twelve months after the first day of the month following the date

68-26 of the first sale of the production, and every 12 months thereafter, if the

68-27 amount owed is $25 or less.

68-28 (b) If unable to pay timely any portion of the money because of inability

68-29 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 a [federally

68-31 insured] bank , credit union or savings and loan institution in Nevada, using

68-32 a standard escrow document form approved by the attorney general of

68-33 Nevada. The bank, credit union or savings and loan association must be

68-34 federally insured or insured by a private insurer approved pursuant to

68-35 NRS 678.755. The deposit must earn interest at the highest rate being

68-36 offered by that institution for similar deposits. The escrow agent may

68-37 commingle money so received into escrow from any one source. The escrow

68-38 agent shall pay the appropriate amount of principal and accrued interest

68-39 from such an account to a person legally entitled thereto within 30 days after

68-40 the date of receipt by the escrow agent of a final legal determination of

68-41 entitlement thereto. Applicable escrow fees must be deducted from the

68-42 payment.

69-1 2. Any person who violates the provisions of subsection 1 is liable to

69-2 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 unpaid

69-4 balance from the date the payment was due pursuant to paragraph (a) of

69-5 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 derived

69-8 from the sale of the production from an oil or gas well located in this state

69-9 to a person identified as being legally entitled to such a payment if those

69-10 persons have agreed in writing to some other period of payment for the first

69-11 payment or for subsequent payments.

69-12 Sec. 118. NRS 533.435 is hereby amended to read as follows:

69-13 533.435 1. The state engineer shall collect the following fees:

69-14 For examining and filing an application for a permit to

69-15 appropriate water $250.00

69-16 This fee includes the cost of publication, which is $50.

69-17 For examining and acting upon plans and specifications for

69-18 construction of a dam 500.00

69-19 For examining and filing an application for each permit to

69-20 change the point of diversion, manner of use or place of

69-21 use of an existing right 150.00

69-22 This fee includes the cost of the publication of the

69-23 application, which is $50.

69-24 For issuing and recording each permit to appropriate water

69-25 for any purpose, except for generating hydroelectric

69-26 power which results in nonconsumptive use of the water

69-27 or watering livestock or wildlife purposes 150.00

69-28 plus $2 per acre-foot approved or fraction thereof.

69-29 For issuing and recording each permit to change an existing

69-30 right whether temporary or permanent for any purpose,

69-31 except for generating hydroelectric power which results

69-32 in nonconsumptive use of the water, for watering

69-33 livestock or wildlife purposes which change the point of

69-34 diversion or place of use only, or for irrigational purposes

69-35 which change the point of diversion or place of use only 100.00

69-36 plus $2 per acre-foot approved or fraction thereof.

69-37 For issuing and recording each permit to change the point of

69-38 diversion or place of use only of an existing right whether

69-39 temporary or permanent for irrigational purposes 200.00

70-1 For issuing and recording each permit to appropriate or

70-2 change the point of diversion or place of use of an

70-3 existing right only whether temporary or permanent for

70-4 watering livestock or wildlife purposes for each second-

70-5 foot of water approved or fraction thereof $50.00

70-6 For issuing and recording each permit to appropriate or

70-7 change an existing right whether temporary or permanent

70-8 for water for generating hydroelectric power which

70-9 results in nonconsumptive use of the water for each

70-10 second-foot of water approved or fraction thereof 100.00

70-11 This fee must not exceed $1,000.

70-12 For filing a secondary application under a reservoir permit 200.00

70-13 For approving and recording a secondary permit under a

70-14 reservoir permit 200.00

70-15 For reviewing each tentative subdivision map 150.00

70-16 plus $1 per lot.

70-17 For storage approved under a dam permit for privately

70-18 owned nonagricultural dams which store more than 50

70-19 acre-feet 100.00

70-20 plus $1 per acre-foot storage capacity. This fee

70-21 includes the cost of inspection and must be paid

70-22 annually.

70-23 For filing proof of completion of work 10.00

70-24 For filing proof of beneficial use 50.00

70-25 For filing any protest 25.00

70-26 For filing any application for extension of time within

70-27 which to file proofs 100.00

70-28 For examining and filing a report of conveyance filed

70-29 pursuant to paragraph (a) of subsection 1 of NRS

70-30 533.384 25.00

70-31 plus $10 per conveyance document

70-32 For filing any other instrument 1.00

70-33 For making copy of any document recorded or filed in his

70-34 office, for the first page 1.00

70-35 For each additional page .20

70-36 For certifying to copies of documents, records or maps, for

70-37 each certificate 1.00

70-38 For each blueprint copy of any drawing or map, per square

70-39 foot .50

70-40 The minimum charge for a blueprint copy, per print 3.00

70-41 2. When fees are not specified in subsection 1 for work required of his

70-42 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 by

71-2 the state engineer under the provisions of this section must be deposited in

71-3 the state treasury for credit to the general fund. All fees received for

71-4 blueprint copies of any drawing or map must be kept by him and used only

71-5 to pay the costs of printing, replacement and maintenance of printing

71-6 equipment. Any publication fees received which are not used by him for

71-7 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 the

71-9 refunds, he shall deposit the fees in the state treasury for credit to the

71-10 general fund. The state engineer may maintain, with the approval of the state

71-11 board of examiners, a checking account in any bank or credit union

71-12 qualified to handle state money to carry out the provisions of this

71-13 subsection. The [bank] account must be secured by a depository bond

71-14 satisfactory to the state board of examiners to the extent the account is not

71-15 insured by the Federal Deposit Insurance Corporation [.] , the National

71-16 Credit Union Share Insurance Fund or a private insurer approved

71-17 pursuant to NRS 678.755.

71-18 Sec. 119. NRS 539.530 is hereby amended to read as follows:

71-19 539.530 All [moneys] money belonging to or in the custody of any

71-20 irrigation district within this state, or of the treasurer or other officer thereof,

71-21 shall, so far as possible, be deposited in [such] state or national [bank or]

71-22 banks or credit unions in this state as the treasurer or other officer of such

71-23 irrigation district having legal custody of such [moneys] money shall select

71-24 for the safekeeping thereof, and shall be subject to withdrawal at any time

71-25 on demand of the treasurer or other authorized officer.

71-26 Sec. 120. NRS 539.537 is hereby amended to read as follows:

71-27 539.537 1. For the security of such deposits there shall be delivered to

71-28 the treasurer of the irrigation district a bond or bonds of a corporate surety

71-29 qualified to act as sole surety on bonds or undertakings required by the laws

71-30 of this state, and approved by the commissioner of insurance as a company

71-31 possessing the qualifications required for the purpose of transacting a surety

71-32 business within this state. The penal amount of such bond or bonds shall at

71-33 no time be less than the amount of money deposited by the irrigation district

71-34 with such depositary. The bond or bonds shall secure and guarantee the full

71-35 and complete repayment to the irrigation district or the payment to its order

71-36 of all [funds] money so deposited, together with interest thereon. The

71-37 premium for such corporate surety bond or bonds, in the discretion of the

71-38 board of directors of the irrigation district, may be paid out of the [funds]

71-39 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 United

71-42 States bonds, or other securities which are legal investments for savings

71-43 banks and credit unions in this state, the market value of which shall at all

72-1 times equal the amount of [funds] money so deposited, as collateral

72-2 security, and such securities shall be placed by the treasurer in escrow in

72-3 some bank or credit union other than the depositary of the [funds] money

72-4 of the district. In the event of the failure of the depositary to repay such

72-5 [funds] money to the district on demand, or to pay the same to its order, the

72-6 securities so placed in escrow shall be redelivered to the treasurer and may

72-7 be sold by him with or without notice, and the proceeds thereof used to

72-8 reimburse the district.

72-9 Sec. 121. NRS 539.6135 is hereby amended to read as follows:

72-10 539.6135 1. Except as otherwise provided in this chapter, the

72-11 proceeds of refunding bonds must be immediately applied to the retirement

72-12 of the bonds to be refunded or be placed in escrow or trust in any trust

72-13 banks or credit unions within or without or both within and without this

72-14 state to be applied to the payment of the refunded bonds or the refunding

72-15 bonds, or both, upon their presentation therefor to the extent, in the priority

72-16 and otherwise in the manner which the board may determine.

72-17 2. The incidental costs of refunding bonds may be paid by the purchaser

72-18 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 other

72-20 available revenues of the district under the control of the board, from the

72-21 proceeds of the refunding bonds, from the interest or other yield derived

72-22 from the investment of any proceeds of the refunding bonds or other money

72-23 in escrow or trust, or from any other sources legally available therefor, or

72-24 any combination thereof, as the board may determine.

72-25 Sec. 122. NRS 539.6137 is hereby amended to read as follows:

72-26 539.6137 1. Any escrow or trust provided pursuant to NRS 539.6135

72-27 is not necessarily limited to the proceeds of refunding bonds but may

72-28 include other money available for its purpose. Any proceeds in escrow or

72-29 trust, pending their use, may only be invested or reinvested in securities

72-30 which are direct obligations of or which the principal of and interest on are

72-31 unconditionally guaranteed by the Federal Government.

72-32 2. Any trust bank or credit union shall continuously secure any money

72-33 placed in escrow or trust and not so invested or reinvested in federal

72-34 securities by a pledge in any trust banks [,] or credit unions, within or

72-35 without or both within and without [the] this state, of similar federal

72-36 securities in an amount which is at all times at least equal to the total

72-37 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 any

72-39 interest or other gain to be derived from any such investment, must be in an

72-40 amount at all times at least sufficient to pay the principal of, interest on and

72-41 any prior redemption premiums due, any charges of the escrow agent or

72-42 trustee and any other incidental expenses payable therefrom, except to the

72-43 extent provision may have been previously otherwise made therefor, as

73-1 those obligations become due at their respective maturities or due at the

73-2 designated prior redemption dates in connection with which the board has

73-3 exercised or is obligated to exercise a prior redemption option on behalf of

73-4 the district.

73-5 4. The computations made in determining that sufficiency must be

73-6 verified by a certified public accountant licensed to practice in this state or

73-7 in any other state.

73-8 Sec. 123. NRS 539.633 is hereby amended to read as follows:

73-9 539.633 The principal and interest shall be payable at the place

73-10 designated in the bonds, which may be at any place within or outside of this

73-11 state, and any district may deposit [moneys in any bank or] money in one or

73-12 more banks or credit unions within or outside of this state for the payment

73-13 of the principal or interest on such bonds at the place or places at which the

73-14 same are payable, or for any other lawful purpose.

73-15 Sec. 124. NRS 539.655 is hereby amended to read as follows:

73-16 539.655 1. Whenever any bond of an irrigation district organized and

73-17 existing under and pursuant to the laws of the State of Nevada, including

73-18 any bond authorized in any such district but not sold, which is eligible to

73-19 certification by the state controller under NRS 539.647, is presented to the

73-20 state controller, he shall attach a certificate in substantially the following

73-21 form:

73-22 Carson City, Nevada (insert date).

73-23 I, ........................, state controller of the State of Nevada, do hereby

73-24 certify that the within bond, No. ..... of issue No. ........ of the ................

73-25 Irrigation District, issued ................ (insert date), is, in accordance with

73-26 NRS 539.640 to 539.665, inclusive, a legal investment for all trust funds

73-27 and for the [funds] money of all insurance companies, banks, both

73-28 commercial and savings, credit unions, trust companies, and any [funds]

73-29 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 whenever

73-31 the bonds of any county, city or school district may be so deposited, it being

73-32 entitled to such privileges by virtue of an examination by the department of

73-33 taxation in pursuance of NRS 539.640 to 539.665, inclusive. The within

73-34 bond may also be used as security for the deposit of public money in banks

73-35 or credit unions in this state.

73-36

73-37 State Controller of the State of Nevada

73-38 2. In case of a change in the constitution or any of the laws of this state

73-39 relating to the bonds of irrigation districts, the state controller shall, if

73-40 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:

74-4 539.660 1. All bonds certified in accordance with the terms of NRS

74-5 539.640 to 539.665, inclusive, are legal investments for all trust funds, and

74-6 for the [funds] money of all insurance companies, banks, both commercial

74-7 and savings, credit unions and trust companies.

74-8 2. Whenever any money [or funds] may, by law now or hereafter

74-9 enacted, be invested in bonds of cities, counties, school districts or

74-10 municipalities in the State of Nevada, such money [or funds] may be

74-11 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 hereafter

74-13 enacted be used as security for the performance of any act, bonds of

74-14 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:

74-17 561.335 1. The revolving account for agriculture working capital in

74-18 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 provisions

74-20 of NRS [569.010] 569.005 to 569.080, inclusive, and 569.100 to 569.130,

74-21 inclusive.

74-22 3. The account may be used for:

74-23 (a) Paying the expenses of all programs and laws administered by the

74-24 division, except expenses related to estrays which are required to be paid

74-25 pursuant to NRS 569.090. The account must be reimbursed promptly from

74-26 the proper funds in the state treasury by claims paid as other claims against

74-27 the state are paid for any expenses paid pursuant to this paragraph.

74-28 (b) Providing advance money to officers and employees of the division

74-29 for travel expenses and subsistence allowances arising out of their official

74-30 duties or employment. Such an advance constitutes a lien in favor of the

74-31 division upon the accrued wages of the requesting officer or employee in an

74-32 amount equal to the sum advanced, but the administrator may advance more

74-33 than the amount of the accrued wages of the officer or employee. Upon the

74-34 return of the officer or employee, he is entitled to receive any authorized

74-35 expenses and subsistence in excess of the amount advanced, and a sum

74-36 equal to the advance must be paid into the revolving account for agriculture

74-37 working capital.

74-38 (c) Making grants and loans for any purpose authorized by subsection 2

74-39 of NRS 561.445. Any loan or grant made pursuant to this paragraph must be

74-40 reimbursed promptly, as other claims against the state are paid, from the

74-41 money deposited in the state treasury pursuant to subsection 1 of NRS

74-42 561.445.

75-1 4. The revolving account for agriculture working capital must be

75-2 deposited in a bank or credit union qualified to receive deposits of public

75-3 money and the deposit must be secured by a depository bond satisfactory to

75-4 the state board of examiners.

75-5 Sec. 127. NRS 569.090 is hereby amended to read as follows:

75-6 569.090 1. Except as otherwise provided pursuant to a cooperative

75-7 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 allowed

75-10 pursuant to NRS 569.440, out of the proceeds of the sale of the estray and

75-11 shall place the balance in an interest-bearing checking account in a bank or

75-12 credit union qualified to receive deposits of public money. The proceeds

75-13 from the sale and any interest on those proceeds, which are not claimed

75-14 pursuant to subsection 2 within 1 year after the sale, must be deposited in

75-15 the state treasury for credit to the livestock inspection account.

75-16 (b) Make a complete record of the transaction, including the marks and

75-17 brands and other means of identification of the estray, and shall keep the

75-18 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 sale

75-20 and proves ownership to the satisfaction of the division, the net amount

75-21 received from the sale must be paid to the owner.

75-22 3. If any claim pending [after the expiration of] 1 year after the date of

75-23 sale is denied, the proceeds and any interest thereon must be deposited in

75-24 the livestock inspection account.

75-25 Sec. 128. NRS 573.020 is hereby amended to read as follows:

75-26 573.020 1. A person shall not hold, operate, conduct or carry on a

75-27 public livestock auction in this state without first securing a license therefor

75-28 from the division.

75-29 2. The application for a license must be on forms prescribed and

75-30 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 public

75-33 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 public

75-36 livestock auction.

75-37 (e) The weekly or monthly sales day or days on which the applicant

75-38 proposes to operate his public livestock auction.

75-39 (f) The name and address of the bank or credit union where the custodial

75-40 account for consignors’ proceeds will be established and maintained by the

75-41 operator of the public livestock auction in compliance with the provisions of

75-42 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 the

76-3 applicant has a line of credit established at a bank or credit union in the

76-4 State of Nevada in an amount at least equal to the estimated average weekly

76-5 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 receipt

76-7 and the required fee as provided in this chapter.

76-8 Sec. 129. NRS 573.037 is hereby amended to read as follows:

76-9 573.037 1. As authorized by subsection 3 of NRS 573.030, in lieu of

76-10 filing the bond described in NRS 573.033 or 573.035, the applicant may

76-11 deliver to the administrator the receipt of a bank , credit union or trust

76-12 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 by

76-14 the owner thereof and of a market value equal at least to the required

76-15 principal amount of the bond, such cash or securities to be deposited in

76-16 escrow under an agreement conditioned as in the case of a bond. A receipt

76-17 must be accompanied by evidence that there are no unsatisfied judgments

76-18 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 in

76-20 the same manner as in the case of an action for recovery on a bond filed

76-21 under the provisions of this chapter.

76-22 3. If any licensed operator of a public livestock auction for any reason

76-23 ceases to operate such auction, the amount of money or securities deposited

76-24 in lieu of a bond must be retained by the division for 1 year. If [after the

76-25 expiration of] 1 year [from] after the cessation of such operation, no legal

76-26 action has been commenced to recover against such money or securities, the

76-27 amount thereof must be delivered to the owner thereof. If a legal action has

76-28 been commenced within such time, all such money and securities must be

76-29 held by the administrator subject to the order of a court of competent

76-30 jurisdiction.

76-31 Sec. 130. NRS 573.104 is hereby amended to read as follows:

76-32 573.104 1. Each licensee shall deposit the gross proceeds received by

76-33 him from the sale of livestock handled on a commission or agency basis in a

76-34 separate [bank] account established and maintained by the licensee in the

76-35 bank or credit union at which his line of credit, as required by paragraph

76-36 (g) of subsection 2 of NRS 573.020, is established. The separate [bank]

76-37 account must be designated a "custodial account for consignors’ proceeds."

76-38 2. The custodial account for consignors’ proceeds may be drawn on

76-39 only:

76-40 (a) For the payment of net proceeds to the consignor, or any other person

76-41 or persons of whom the licensee has knowledge who is entitled to those

76-42 proceeds;

77-1 (b) To obtain the sums due the licensee as compensation for his services;

77-2 and

77-3 (c) For such sums as are necessary to pay all legal charges against the

77-4 consignment of livestock which the licensee in his capacity as agent is

77-5 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 times

77-8 disclose the names of the consignors and the amount due to each from the

77-9 money in the custodial account for consignors’ proceeds.

77-10 (b) Maintain the custodial account for consignors’ proceeds in a manner

77-11 that will expedite examination by the administrator and reflect compliance

77-12 with the requirements of this section.

77-13 Sec. 131. NRS 573.105 is hereby amended to read as follows:

77-14 573.105 The administrator shall ascertain, at least quarterly, the

77-15 continued existence and amount of the line of credit shown pursuant to

77-16 paragraph (g) of subsection 2 of NRS 573.020, or its replacement by a line

77-17 of credit at another bank or credit union in the State of Nevada and the

77-18 amount of the replacement. If the line of credit is so replaced, the custodial

77-19 account must be transferred to the bank or credit union issuing the new line

77-20 of credit. If a line of credit in the amount required is not maintained, the

77-21 administrator shall suspend the operator’s license.

77-22 Sec. 132. NRS 573.183 is hereby amended to read as follows:

77-23 573.183 When the administrator determines, on the basis of any

77-24 verified complaint or of any inspection or investigation made by him

77-25 pursuant to this chapter, that any operator of a public livestock auction is

77-26 violating or is about to violate any provision of this chapter for the

77-27 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; or

77-31 (c) Any practice which violates any provision of this chapter or any other

77-32 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 the

77-34 operator, as required by NRS 573.104, to refrain from paying out any

77-35 money from the account.

77-36 The order ceases to be effective upon the expiration of 3 days, exclusive of

77-37 Saturdays, Sundays and other nonjudicial days, [from] after its date of

77-38 issuance unless a court has, pursuant to NRS 573.185, issued an order which

77-39 continues the restraint.

77-40 Sec. 133. NRS 576.040 is hereby amended to read as follows:

77-41 576.040 1. Each applicant to whom a license to act as a dealer, broker

77-42 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 real

78-3 property within this state subject to execution and worth, above all

78-4 exemptions, double the amount of the bond.

78-5 (3) A personal bond secured by a first deed of trust on real property

78-6 within this state which is subject to execution and worth, above all

78-7 exemptions, double the amount of the bond. When the applicant files the

78-8 bond with the division he shall also file a policy of title insurance on the real

78-9 property from a title insurance company licensed in this state which states

78-10 that the property is free and clear of all encumbrances and liens other than

78-11 the first deed of trust. The applicant shall certify under oath that the

78-12 property is worth at least twice the amount of the bond and that it is

78-13 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, the

78-15 division, conditioned for the payment of a judgment against the applicant

78-16 and arising out of the failure of the applicant or his agent to conduct his

78-17 business in accordance with the provisions of this chapter, or for

78-18 nonpayment of obligations in connection with the purchase and sale of

78-19 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 day

78-21 after any claim or judgment has been made against the bond. The aggregate

78-22 liability of any surety to all claimants is limited to the amount of the bond

78-23 for each licensing period.

78-24 (b) File a copy of the bond required by the United States pursuant to the

78-25 provisions of the Packers and Stockyards Act , [(] 7 U.S.C. § 204 . [).]

78-26 (c) Furnish other security in the amount required by this section which is

78-27 acceptable to the division.

78-28 2. In lieu of complying with one of the alternatives provided in

78-29 subsection 1, the dealer, broker or commission merchant may deliver to the

78-30 division the receipt of a bank , credit union or trust company in this state

78-31 showing the deposit with that bank , credit union or trust company of cash

78-32 or of securities endorsed in blank by the owner thereof and of a market

78-33 value equal at least to the required principal amount of the bond. The cash

78-34 or securities must be deposited in escrow under an agreement conditioned as

78-35 in the case of a bond. Any receipt must be accompanied by evidence that

78-36 there are no unsatisfied judgments against the dealer, broker or commission

78-37 merchant of record in the county or counties in which he is doing business

78-38 or resides. An action for recovery against any such deposit may be brought

78-39 in the same manner as in the case of an action for recovery on a bond filed

78-40 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 a

78-43 schedule adopted by the division; and

79-1 (b) Not less than $5,000 nor more than $100,000.

79-2 4. All bonds must be renewed or continued in accordance with

79-3 regulations adopted by the division.

79-4 5. Any licensed dealer, broker or commission merchant who knowingly

79-5 sells or otherwise encumbers real property which is the security for a bond

79-6 under subsection 1, after a policy of title insurance on that property has been

79-7 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:

79-9 598.0966 1. There is hereby created a revolving account for the

79-10 consumer affairs division of the department of business and industry in the

79-11 sum of $7,500, which must be used for the payment of expenses related to

79-12 conducting an undercover investigation of a person who is allegedly

79-13 engaging in a deceptive trade practice.

79-14 2. The commissioner shall deposit the money in the revolving account

79-15 in a bank or credit union qualified to receive deposits of public [funds]

79-16 money as provided by law, and the deposit must be secured by a depository

79-17 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; and

79-20 (b) Make withdrawals of cash from the revolving account.

79-21 4. Payments made from the revolving account must be promptly

79-22 reimbursed from the legislative appropriation, if any, to the consumer affairs

79-23 division for the expenses related to conducting an undercover investigation

79-24 of a person who is allegedly engaging in a deceptive trade practice. The

79-25 claim for reimbursement must be processed and paid as other claims against

79-26 the state are paid.

79-27 5. The commissioner shall:

79-28 (a) Approve any disbursement from the revolving account; and

79-29 (b) Maintain records of any such disbursement.

79-30 Sec. 135. NRS 598.2807 is hereby amended to read as follows:

79-31 598.2807 1. Each registrant shall deposit with the division:

79-32 (a) A bond executed by a corporate surety approved by the commissioner

79-33 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; or

79-36 (c) A certificate of deposit in a [federally insured] financial institution

79-37 which is doing business in this state [,] and which is federally insured or

79-38 insured by a private insurer approved pursuant to NRS 678.755. The

79-39 certificate of deposit may be withdrawn only on the order of the

79-40 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 any

79-42 renewal thereof, must be not less than 1 year.

80-1 3. If the registrant deposits a bond, the registrant shall keep accurate

80-2 records of the bond and the payments made on the premium. The records

80-3 must be open to inspection by the division during business hours. The

80-4 registrant shall notify the division not later than 30 days before the date of

80-5 expiration of the bond and provide written proof of the renewal of the bond

80-6 to the division.

80-7 4. The commissioner may reject any bond, letter of credit or certificate

80-8 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 deposited

80-10 with the division. If the registrant changes the form of the security, the

80-11 commissioner may retain for not more than 1 year any portion of the

80-12 security previously deposited by the registrant as security for claims arising

80-13 during the time the previous security was in effect.

80-14 6. If the amount of the deposited security falls below the amount

80-15 required by this chapter for that security, the registrant shall be deemed not

80-16 to be registered as required by NRS 598.2806 for the purposes of this

80-17 chapter.

80-18 Sec. 136. NRS 598.281 is hereby amended to read as follows:

80-19 598.281 As used in NRS 598.281 to 598.289, inclusive, unless the

80-20 context otherwise requires:

80-21 1. "Buyer" means a natural person who is solicited to purchase or who

80-22 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 of

80-25 business and industry.

80-26 4. "Extension of credit" means the right to defer payment of debt or to

80-27 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 or

80-32 perform, any of the following services, in return for the payment of money

80-33 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 or

80-37 effecting a plan for the payment of his indebtedness, unless such counseling

80-38 or assistance is provided by and is within the scope of the authorized

80-39 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 either

80-41 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 authorization

81-2 certificate to make loans or extensions of credit pursuant to the laws of this

81-3 state or the United States who is subject to regulation and supervision by an

81-4 officer or agency of this state or the United States.

81-5 (2) A bank , credit union or savings and loan institution whose

81-6 deposits or accounts are eligible for insurance by the Federal Deposit

81-7 Insurance Corporation [.] , the National Credit Union Share Insurance

81-8 Fund or a private insurer approved pursuant to NRS 678.755.

81-9 (3) A nonprofit organization exempt from taxation under section

81-10 501(c)(3) of the Internal Revenue Code.

81-11 (4) A person licensed as a real estate broker by this state where the

81-12 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 person

81-14 renders services within the course and scope of his practice as an attorney at

81-15 law, unless the person is rendering such services in the course and scope of

81-16 employment by or other affiliation with an organization.

81-17 (6) A broker-dealer registered with the Securities and Exchange

81-18 Commission or the Commodity Futures Trading Commission where the

81-19 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 of

81-21 NRS.

81-22 (8) A reporting agency.

81-23 6. "Reporting agency" means a person who, for fees, dues or on a

81-24 cooperative nonprofit basis, regularly engages in whole or in part in the

81-25 business of assembling or evaluating information regarding the credit of or

81-26 other information regarding consumers to furnish consumer reports to third

81-27 parties, regardless of the means or facility of commerce used to prepare or

81-28 furnish the consumer reports. The term does not include:

81-29 (a) A person solely for the reason that he conveys a decision regarding

81-30 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 the

81-32 report or information contained in it to a subsidiary or affiliate; or

81-33 (c) A person licensed pursuant to chapter 463 of NRS.

81-34 Sec. 137. NRS 598.855 is hereby amended to read as follows:

81-35 598.855 1. Before the organization receives any money from any

81-36 buyer pursuant to a contract for membership in the organization, it shall

81-37 establish a trust account for payments on contracts at a [federally insured]

81-38 financial institution [.] that is federally insured or insured by a private

81-39 insurer approved pursuant to NRS 678.755. Each payment from a buyer

81-40 for his contract for membership except for $50 of the first payment, must be

81-41 deposited in the account. During each quarter of the term of a contract or

82-1 each 6 months, whichever is shorter , the trustee shall withdraw one quarter

82-2 of the buyer’s payments from the account and pay the amount to the

82-3 organization.

82-4 2. If the organization sells, transfers or assigns the contract with the

82-5 buyer to a third party, and the third party gives reasonable consideration for

82-6 the contract, the organization shall deposit the consideration in the trust

82-7 account. If the third party does not give reasonable consideration for the

82-8 contract, the organization shall deposit all payments on the contract from the

82-9 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:

82-11 599B.100 1. An application filed pursuant to NRS 599B.090 must be

82-12 accompanied by:

82-13 (a) A bond executed by a corporate surety approved by the commissioner

82-14 and licensed to do business in this state;

82-15 (b) An irrevocable letter of credit issued for the benefit of the applicant

82-16 by a bank whose deposits are insured by an agency of the Federal

82-17 Government; or

82-18 (c) A certificate of deposit in a financial institution insured by an agency

82-19 of the Federal Government [, which] or by a private insurer approved

82-20 pursuant to NRS 678.755. The certificate of deposit may be withdrawn

82-21 only on the order of the commissioner, except that the interest may accrue to

82-22 the applicant.

82-23 2. The amount of the bond, letter of credit or certificate of deposit must

82-24 be $50,000, and the bond, letter of credit or certificate of deposit must be

82-25 conditioned upon compliance by the applicant with the provisions of this

82-26 chapter.

82-27 3. The amount of the security required to be filed by the seller may be

82-28 increased to not more than $250,000 as part of an assurance of

82-29 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 falls

82-32 below the amount that is required by subsection 2 or the amount determined

82-33 by the commissioner pursuant to subsection 3, the seller shall be deemed not

82-34 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 any

82-36 renewal thereof, must not be less than 1 year.

82-37 6. The commissioner may reject any bond, letter of credit or certificate

82-38 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 the

82-40 form of the security, the commissioner may retain for not more than 1 year

82-41 all or a portion of the security previously filed by the seller as security for

82-42 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 or

83-2 certificate of deposit within 6 months after the registrant ceases to operate

83-3 or his registration expires, whichever occurs later, the commissioner shall

83-4 release the bond, letter of credit or certificate of deposit to the registrant and

83-5 shall not audit any claims filed thereafter by consumers. If one or more

83-6 claims have been filed against the bond, letter of credit or certificate of

83-7 deposit within 6 months after the registrant ceases to operate or his

83-8 registration expires, whichever occurs later, the proceeds must not be

83-9 released to the registrant or distributed to any consumer earlier than 1 year

83-10 after the registrant ceases to operate or his registration expires, whichever

83-11 occurs later. The division shall not audit any claims which are filed pursuant

83-12 to NRS 599B.105 more than 1 year after the registrant ceases to operate or

83-13 his registration expires, whichever occurs later. For the purposes of this

83-14 subsection, the commissioner shall determine the date on which a registrant

83-15 ceases to operate.

83-16 Sec. 139. NRS 604.120 is hereby amended to read as follows:

83-17 604.120 1. In lieu of any surety bond, or any portion of the principal

83-18 sum thereof as required by this chapter, a registrant may deposit with the

83-19 state treasurer or with any bank , credit union or trust company authorized

83-20 to do business in this state as the registrant may select, with the approval of

83-21 the commissioner:

83-22 (a) Interest-bearing stocks;

83-23 (b) Bills, bonds, notes, debentures or other obligations of the United

83-24 States or any agency or instrumentality thereof, or guaranteed by the United

83-25 States; or

83-26 (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 this

83-28 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 bond

83-31 or portion thereof.

83-32 2. The securities must be held to secure the same obligation as would

83-33 the surety bond, but the depositor may receive any interest or dividends and,

83-34 with the approval of the commissioner, substitute other suitable securities

83-35 for those deposited.

83-36 Sec. 140. NRS 607.170 is hereby amended to read as follows:

83-37 607.170 1. When the labor commissioner deems it necessary, he may

83-38 take an assignment of a claim for wages and commissions and prosecute an

83-39 action for collection of wages, commissions and other demands of any

83-40 person who is financially unable to employ counsel in a case in which, in the

83-41 judgment of the labor commissioner, the claim for wages or commissions is

83-42 valid and enforceable in the courts.

84-1 2. In all matters relating to wages or commissions and before taking any

84-2 assignment, the labor commissioner may summon to appear before him, at a

84-3 suitable place in the county of the claimant, his employer and all other

84-4 necessary persons for the purpose of adjusting and settling claims for wages

84-5 or commissions before bringing suit therefor, and the labor commissioner

84-6 may effect reasonable compromises of those claims.

84-7 3. The labor commissioner or his deputy may maintain a commercial

84-8 account with any bank or credit union within [the] this state for the deposit

84-9 of money collected for claims for wages or commissions. The money must

84-10 be promptly paid to the person entitled thereto. At the end of each calendar

84-11 year, any unclaimed money in the commercial account which has been a

84-12 part of the account for 5 years or more is presumed abandoned under NRS

84-13 120A.220.

84-14 Sec. 141. NRS 608.120 is hereby amended to read as follows:

84-15 608.120 The payment of wages or compensation must be made in

84-16 lawful money of the United States or by a good and valuable negotiable

84-17 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 his

84-19 wages; or

84-20 2. The employer has been directed to make some other disposition of

84-21 the employee’s wages by:

84-22 (a) A court of competent jurisdiction; or

84-23 (b) An agency of federal, state or local government with jurisdiction to

84-24 issue such directives.

84-25 Such checks or drafts must be payable on presentation thereof at some bank

84-26 , credit union or established place of business without discount in lawful

84-27 money of the United States. They must be payable at the place designated in

84-28 the notice prescribed in NRS 608.080.

84-29 Sec. 142. NRS 608.130 is hereby amended to read as follows:

84-30 608.130 1. A person engaged in any business or enterprise of any

84-31 kind in this state shall not issue, in payment of, or as evidence of, any

84-32 indebtedness for wages due an employee, any order, check, memorandum or

84-33 other acknowledgment of indebtedness unless it is a negotiable instrument

84-34 payable without discount, in cash on demand, at some bank , credit union or

84-35 other established place of business but this subsection does not limit or

84-36 interfere with the right of any employee, by agreement, to accept from any

84-37 such person, as an evidence or acknowledgment of indebtedness for wages

84-38 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 instrument

84-40 issued in payment of wages, the holder in due course of the instrument

84-41 succeeds and has the same rights, priorities and preferences with respect to

85-1 payment thereof, and stands in the same position, as the payee of the

85-2 instrument with respect to a claim for wages unpaid when due, in addition to

85-3 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 negotiable

85-5 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 upon

85-7 presentation shall reimburse the employee for any penalty or charge

85-8 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:

85-10 611.070 1. Before a license is issued, the applicant shall deposit with

85-11 the labor commissioner a bond, approved by the labor commissioner, in the

85-12 sum of $1,000 with two or more sureties or an authorized surety company as

85-13 surety. A notice of 30 days must be given to the labor commissioner before

85-14 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 agency

85-17 does not affect the coverage of the bond as to a claim arising out of acts that

85-18 occurred before the date of the suspension, revocation, surrender or

85-19 expiration of the license.

85-20 3. In lieu of a bond an applicant may deposit with the labor

85-21 commissioner:

85-22 (a) An amount of money or bonds of the United States or of the State of

85-23 Nevada of an actual market value not less than the amount fixed by the

85-24 labor commissioner; or

85-25 (b) A savings certificate of a bank , credit union or savings and loan

85-26 association situated in Nevada, which indicates an account containing an

85-27 amount equal to the amount of the bond which would otherwise be required

85-28 by this section and that this amount is unavailable for withdrawal except

85-29 upon order of the labor commissioner. Interest earned on this amount

85-30 accrues to the account of the applicant.

85-31 4. The labor commissioner may at any time require the licensee to file a

85-32 new or supplementary bond, or a deposit in lieu thereof, in a form and

85-33 amount of not more than $5,000 to conform to the provisions of this section

85-34 if the labor commissioner deems the initial deposit or surety of the initial

85-35 bond to be unsatisfactory or the amount of the deposit or bond to have

85-36 become insufficient to satisfy all claims, accrued or contingent, against the

85-37 licensee.

85-38 5. Any money received in lieu of a bond must be deposited with the

85-39 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 must

85-41 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:

86-2 611.135 1. The labor commissioner may accept assignments of claims

86-3 arising under NRS 611.020 to 611.320, inclusive, against employment

86-4 agencies.

86-5 2. The labor commissioner may maintain a commercial account with

86-6 any bank or credit union within [the] this state for the deposit of any

86-7 [moneys] money recovered for the use of such assigning claimants. The

86-8 [moneys shall] money must be promptly paid to the claimants entitled

86-9 thereto. At the end of each calendar year, any unclaimed [moneys] money in

86-10 the commercial account which [have] has been a part of [such] the account

86-11 for 7 years or more [shall] must be paid into the state treasury for credit to

86-12 the state general fund.

86-13 Sec. 145. NRS 612.590 is hereby amended to read as follows:

86-14 612.590 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 the

86-17 administrator.

86-18 (c) Issue his warrants upon it in accordance with such regulations as the

86-19 administrator prescribes.

86-20 2. The state treasurer shall maintain within the fund three separate

86-21 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 the

86-26 administrator, must be forwarded to the state treasurer, who shall

86-27 immediately deposit it in the clearing account.

86-28 4. Refunds payable pursuant to NRS 612.655 may be paid from the

86-29 clearing account or from the benefit account upon warrants issued by the

86-30 state treasurer under the direction of the administrator.

86-31 5. After clearance thereof, all other money in the clearing account must

86-32 be immediately deposited with the Secretary of the Treasury to the credit of

86-33 the account of this state in the unemployment trust fund established and

86-34 maintained pursuant to Section 904 of the Social Security Act, as amended ,

86-35 [(] 42 U.S.C. § 1104 , [),] any provisions of law in this state relating to the

86-36 deposit, administration, release or disbursement of money in the possession

86-37 or custody of this state to the contrary notwithstanding.

86-38 6. The benefit account consists of all money requisitioned from this

86-39 state’s account in the unemployment trust fund.

86-40 7. Except as herein otherwise provided, money in the clearing and

86-41 benefit accounts may be deposited by the state treasurer, under the direction

86-42 of the administrator, in any bank , credit union or public depositary in

87-1 which general money of the state may be deposited, but no public deposit

87-2 insurance charge or premium may be paid out of the fund.

87-3 8. Money in the clearing and benefit accounts must not be commingled

87-4 with other state money, but must be maintained in a separate account on the

87-5 books of the depositary. Money in the clearing and benefit accounts must be

87-6 secured by the bank , credit union or public depositary to the same extent

87-7 and in the same manner as required by the general depositary laws of the

87-8 State of Nevada, and collateral pledged must be maintained in a separate

87-9 custody account.

87-10 Sec. 146. NRS 615.255 is hereby amended to read as follows:

87-11 615.255 1. There is hereby created the vocational rehabilitation

87-12 revolving account in the amount of $35,000 to be used for the payment of

87-13 claims of applicants for or recipients of services from the bureau and

87-14 vendors providing services to those applicants or recipients under

87-15 procedures established by the bureau.

87-16 2. Upon written request from the chief, the state controller shall draw

87-17 his warrant from money already appropriated in favor of the chief in the

87-18 sum of $35,000. When the warrant is paid, the chief shall deposit the

87-19 $35,000 in a bank or credit union qualified to receive deposits of public

87-20 money. The bank or credit union must secure the deposit with a depository

87-21 bond satisfactory to the state board of examiners, unless it is otherwise

87-22 secured by the Federal Deposit Insurance Corporation [.] , the National

87-23 Credit Union Share Insurance Fund or a private insurer approved

87-24 pursuant to NRS 678.755.

87-25 3. After expenditure of money from the revolving account, the chief

87-26 shall present a claim to the state board of examiners. When approved by the

87-27 state board of examiners, the state controller shall draw his warrant in the

87-28 amount of the claim in favor of the vocational rehabilitation revolving

87-29 account, to be paid to the order of the chief, and the state treasurer shall pay

87-30 it.

87-31 4. Money in the vocational rehabilitation revolving account does not

87-32 revert to the state general fund at the end of the fiscal year, but remains in

87-33 the revolving account.

87-34 5. Purchases paid for from the vocational rehabilitation revolving

87-35 account for the purposes authorized by subsection 1 may be exempt from

87-36 the provisions of the State Purchasing Act at the discretion of the chief of

87-37 the purchasing division of the department of administration or his

87-38 designated representative.

87-39 Sec. 147. NRS 616B.056 is hereby amended to read as follows:

87-40 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 of

88-2 investments.

88-3 4. Approve the designation of banks and credit unions as collection

88-4 depositories.

88-5 5. Approve the appointment of an independent actuary and arrange for

88-6 an annual actuarial valuation and report of the soundness of the system and

88-7 the state insurance fund as prepared by the independent actuary.

88-8 6. Appoint an independent certified accountant who shall provide an

88-9 annual audit of the state insurance fund and report to the manager.

88-10 7. Before each legislative session, report to the legislature on the

88-11 operation of the system and any recommendation for legislation which he

88-12 deems appropriate.

88-13 Sec. 148. NRS 616B.107 is hereby amended to read as follows:

88-14 616B.107 1. No person engaged in business as a broker or dealer in

88-15 securities or who has a direct pecuniary interest in any such business who

88-16 receives commissions for transactions performed as an agent for the system

88-17 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 consists

88-20 of rendering investment supervisory services, that is, the giving of

88-21 continuous advice as to the investment of money on the basis of the

88-22 individual needs of each client;

88-23 (b) The person and his predecessors have been continuously engaged in

88-24 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 average

88-26 of 10 years professional experience as investment managers;

88-27 (c) The person as of the time originally hired, has at least $250,000,000

88-28 of assets under management contract, exclusive of any assets related to

88-29 governmental agencies in this state;

88-30 (d) The person is registered as an investment adviser under the laws of

88-31 the United States as from time to time in effect, or is a bank or an

88-32 investment management subsidiary of a bank;

88-33 (e) The contract between the system and the investment counsel is of no

88-34 specific duration and is voidable at any time by either party; and

88-35 (f) The person has been approved by the state board of finance for

88-36 employment as investment counsel.

88-37 3. More than one investment counsel may be employed in the discretion

88-38 of the manager.

88-39 4. The expense of such employment must be paid from the state

88-40 insurance fund.

88-41 5. Any investment program adopted by the system and all investments

88-42 made thereunder must be reported quarterly in writing by the manager to the

88-43 state board of finance, and the report is subject to review by the state board

89-1 of finance. The state board of finance may require the manager to provide

89-2 further reports and may recommend modifications in the investment

89-3 program, including replacement of the investment counsel. If, after a

89-4 reasonable time, the manager has not taken suitable corrective action in

89-5 response to recommendations by the state board of finance, the state board

89-6 of finance may direct the manager to carry out its recommendations in a

89-7 manner acceptable to the state board of finance. Any directives from the

89-8 state board of finance must be in writing.

89-9 6. With the approval of the state board of finance, the manager may

89-10 designate [the bank or] one or more banks or credit unions which shall

89-11 have [the] custody of the various investments authorized in NRS 616B.116

89-12 to 616B.164, inclusive.

89-13 7. The system may accept due bills from brokers upon delivery of

89-14 warrants if the certificates representing the investments are not readily

89-15 available.

89-16 Sec. 149. NRS 616B.149 is hereby amended to read as follows:

89-17 616B.149 The manager may invest and reinvest the money in the funds

89-18 of the system in:

89-19 1. Negotiable instruments as they are set forth in the Uniform

89-20 Commercial Code—Negotiable Instruments, NRS 104.3101 et seq. Eligible

89-21 negotiable instruments may not exceed 180 days’ maturity and must be of

89-22 prime quality as defined by a nationally recognized organization which rates

89-23 such securities. It is further limited to issuing corporations with net worth in

89-24 excess of $50 million which are incorporated under the laws of the United

89-25 States or any state thereof or the District of Columbia.

89-26 2. Collective or part interest in negotiable instruments held by national

89-27 banks and issued by companies whose negotiable instruments meet the

89-28 requirements prescribed in subsection 1.

89-29 3. Bankers’ acceptances of the kind and maturities made eligible by law

89-30 for rediscount with Federal Reserve Banks, and generally accepted by banks

89-31 or trust companies which are members of the Federal Reserve System.

89-32 4. Time certificates of deposit issued by commercial banks , insured

89-33 credit unions or insured savings and loan associations.

89-34 5. Savings accounts in state banks, located in and organized under the

89-35 laws of this state, or national banks.

89-36 6. Savings accounts in insured credit unions or insured savings and

89-37 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:

89-39 616B.254 1. As used in this section, "person" includes this state and

89-40 any county, municipality, district or other political subdivision thereof.

89-41 2. If any employer is delinquent in the payment of the amount of any

89-42 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 which

90-1 remains unpaid, the manager may, not later than 3 years after the payment

90-2 became delinquent or within 6 years after the recording of a judgment

90-3 pursuant to NRS 616B.266, give notice of the amount of the delinquency

90-4 personally or by registered or certified mail to any person having in his

90-5 possession or under his control any money, credits or other personal

90-6 property belonging to the delinquent employer or owing any debts to the

90-7 delinquent employer at the time of the receipt of the registered or certified

90-8 notice. In the case of any state officer, department or agency, the notice

90-9 must be given to the officer, department or agency before it presents the

90-10 claim of the delinquent employer to the state controller.

90-11 3. A state officer, department or agency which receives such a notice

90-12 may satisfy any debt owed to it by that person before it honors the

90-13 manager’s notice.

90-14 4. After receiving the notice, a person so notified may not transfer or

90-15 otherwise dispose of the money, credits, other personal property or debts in

90-16 his possession or under his control at the time he received the notice until

90-17 the manager consents to a transfer or other disposition in writing, or until 30

90-18 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 debts

90-21 belonging to the delinquent employer in his possession, under his control or

90-22 owing by him.

90-23 6. If the notice seeks to prevent the transfer or other disposition of a

90-24 deposit in a bank or credit union or other credits or personal property in the

90-25 possession or under the control of a bank [,] or credit union, the notice must

90-26 be delivered or mailed to the branch or office of the bank or credit union at

90-27 which the deposit is carried or at which the credits or personal property is

90-28 held.

90-29 7. If, during the effective period of the notice to withhold, any person so

90-30 notified makes any transfer or other disposition of the property or debts

90-31 required to be withheld, to the extent of the value of the property or the

90-32 amount of the debts thus transferred or paid, he is liable to the state for any

90-33 indebtedness due pursuant to chapters 616A to 616D, inclusive, or chapter

90-34 617 of NRS from the person with respect to whose obligation the notice was

90-35 given if solely by reason of the transfer or other disposition the state is

90-36 unable to recover the indebtedness of the person with respect to whose

90-37 obligation the notice was given.

90-38 8. Upon the demand of the manager, the person shall remit or deliver to

90-39 the manager the money, credit or other personal property up to the amount

90-40 owed by the delinquent employer.

91-1 Sec. 151. NRS 616B.368 is hereby amended to read as follows:

91-2 616B.368 1. The board of trustees of an association of self-insured

91-3 public or private employers is responsible for the money collected and

91-4 disbursed by the association.

91-5 2. The board of trustees shall:

91-6 (a) Establish a claims account in a [federally insured] financial institution

91-7 in this state which is approved by the commissioner [.] and which is

91-8 federally insured or insured by a private insurer approved pursuant to

91-9 NRS 678.755. Except as otherwise provided in subsection 3, at least 75

91-10 percent of the annual assessment collected by the association from its

91-11 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 excess

91-15 insurance; and

91-16 (4) Assessments, payments and penalties related to the subsequent

91-17 injury fund and the uninsured employers’ claim fund.

91-18 (b) Establish an administrative account in a [federally insured] financial

91-19 institution in this state which is approved by the commissioner [.] and

91-20 which is federally insured or insured by a private insurer approved

91-21 pursuant to NRS 678.755. The amount of the annual assessment collected

91-22 by the association that is not deposited in its claims account must be

91-23 deposited in this account to pay the administrative expenses of the

91-24 association.

91-25 3. The commissioner may authorize an association to deposit less than

91-26 75 percent of its annual assessment in its claims account if the association

91-27 presents evidence to the satisfaction of the commissioner that:

91-28 (a) More than 25 percent of the association’s annual assessment is

91-29 needed to maintain its programs for loss control and occupational safety;

91-30 and

91-31 (b) The association’s policy of excess insurance attaches at less than 75

91-32 percent.

91-33 4. The board of trustees may invest the money of the association not

91-34 needed to pay the obligations of the association pursuant to chapter 682A of

91-35 NRS.

91-36 5. The commissioner shall review the accounts of an association

91-37 established pursuant to this section at such times as he deems necessary to

91-38 ensure compliance with the provisions of this section.

91-39 Sec. 152. NRS 623.160 is hereby amended to read as follows:

91-40 623.160 Except as otherwise provided in NRS 623.190, all fees

91-41 provided for by the provisions of this chapter must be paid to and receipted

91-42 for by the secretary of the board, who shall deposit the fees in banks or

92-1 credit unions in the State of Nevada or institutions in this state whose

92-2 business is the making of investments. Fees so deposited may be drawn

92-3 against only for the purposes of this chapter.

92-4 Sec. 153. NRS 623A.150 is hereby amended to read as follows:

92-5 623A.150 1. All money coming into the possession of the board must

92-6 be kept or deposited by the executive director in banks , credit unions or

92-7 savings and loan associations in the State of Nevada.

92-8 2. Except as otherwise provided in subsection 6, all money collected by

92-9 the board must be used to pay the expenses of examinations, expenses of the

92-10 issuance of certificates and expenses to conduct the business of the board.

92-11 3. The expenses, including the per diem allowances and travel expenses

92-12 of the members and employees of the board while engaged in the business

92-13 of the board and the expenses to conduct examinations, must be paid from

92-14 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 be

92-16 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 to

92-18 take any disciplinary action pursuant to this chapter, impose and collect

92-19 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 disciplinary

92-22 action pursuant to subsection 5 and the board deposits the money collected

92-23 from the imposition of fines with the state treasurer for credit to the state

92-24 general fund, it may present a claim to the state board of examiners for

92-25 recommendation to the interim finance committee if money is needed to pay

92-26 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:

92-28 624.140 1. Except as otherwise provided in subsection 3, if money

92-29 becomes available from the operations of this chapter and payments made

92-30 for licenses, the board may pay from that money:

92-31 (a) The expenses of the operations of this chapter, including the

92-32 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 and

92-37 employee of the board at a rate fixed by the board, while engaged in the

92-38 business of the board. The rate must not exceed the rate provided for state

92-39 officers and employees generally.

92-40 2. The board may delegate to a hearing officer or panel its authority to

92-41 take any disciplinary action pursuant to this chapter, impose and collect

92-42 fines therefor and deposit the money therefrom in banks , credit unions or

92-43 savings and loan associations in this state.

93-1 3. If a hearing officer or panel is not authorized to take disciplinary

93-2 action pursuant to subsection 2 and the board deposits the money collected

93-3 from the imposition of fines with the state treasurer for credit to the state

93-4 general fund, it may present a claim to the state board of examiners for

93-5 recommendation to the interim finance committee if money is needed to pay

93-6 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:

93-8 624.150 1. The board shall elect one of its members as treasurer.

93-9 2. All [funds] money received by the board shall be turned over to the

93-10 treasurer who shall keep books of account and who is authorized to deposit

93-11 the [funds] money in banks , credit unions or savings and loan associations

93-12 in the State of Nevada, and to expend [from the funds moneys] money

93-13 necessary for the operation of the board under the terms of this chapter

93-14 when the expenses have been approved by the board.

93-15 3. All balances at any time in the possession of the treasurer shall be

93-16 subject to legislative disposition.

93-17 Sec. 156. NRS 625.150 is hereby amended to read as follows:

93-18 625.150 1. The board shall deposit in banks , credit unions and

93-19 savings and loan associations in the State of Nevada all money collected by

93-20 it.

93-21 2. Except as otherwise provided in subsection 6, all money collected by

93-22 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 and

93-25 travel expenses of the members and employees of the board while engaged

93-26 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 from

93-28 the state treasury.

93-29 4. Any balance remaining in excess of the expenses incurred may be

93-30 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 to

93-32 take any disciplinary action pursuant to this chapter, impose and collect

93-33 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 disciplinary

93-36 action pursuant to subsection 5 and the board deposits the money collected

93-37 from the imposition of fines with the state treasurer for credit to the state

93-38 general fund, it may present a claim to the state board of examiners for

93-39 recommendation to the interim finance committee if money is needed to pay

93-40 attorney’s fees or the costs of an investigation, or both.

93-41 7. The board shall consider and take appropriate action concerning a

93-42 written notification received by the board pursuant to NRS 278.587 or

93-43 338.176.

94-1 Sec. 157. NRS 625A.060 is hereby amended to read as follows:

94-2 625A.060 1. The secretary of the board shall receive and account for

94-3 all money paid to the board and deposit it in banks , credit unions and

94-4 savings and loan associations in this state.

94-5 2. The compensation and expenses of the members and employees of

94-6 the board and the expenses of administering the provisions of this chapter

94-7 must be paid from the fees received by the board upon approval by the

94-8 board.

94-9 Sec. 158. NRS 628.140 is hereby amended to read as follows:

94-10 628.140 1. Except as otherwise provided in subsection 3, all fees and

94-11 other money received by the board pursuant to the provisions of this chapter

94-12 must be deposited in banks , credit unions or savings and loan associations

94-13 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. The

94-15 compensation provided for by this chapter and all expenses incurred under

94-16 this chapter must be paid from this money. No compensation or expenses

94-17 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 to

94-19 take any disciplinary action pursuant to this chapter, impose and collect civil

94-20 penalties, court costs and attorney’s fees therefor and deposit the money

94-21 therefrom in banks , credit unions or savings and loan associations in this

94-22 state.

94-23 3. If a hearing officer or panel is not authorized to take disciplinary

94-24 action pursuant to subsection 2 and the board deposits the money collected

94-25 from the imposition of civil penalties, court costs and attorney’s fees with

94-26 the state treasurer for credit to the state general fund, it may present a claim

94-27 to the state board of examiners for recommendation to the interim finance

94-28 committee if money is needed to pay attorney’s fees or the costs of an

94-29 investigation, or both.

94-30 Sec. 159. NRS 630.110 is hereby amended to read as follows:

94-31 630.110 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, while

94-34 engaged in the business of the board; and

94-35 (b) A per diem allowance and travel expenses at a rate fixed by the

94-36 board, while engaged in the business of the board. The rate must not exceed

94-37 the rate provided for state officers and employees generally.

94-38 2. While engaged in the business of the board, each employee of the

94-39 board is entitled to receive a per diem allowance and travel expenses at a

94-40 rate fixed by the board. The rate must not exceed the rate provided for state

94-41 officers and employees generally.

95-1 3. Expenses of the board and the expenses and salaries of its members

95-2 and employees must be paid from the fees received by the board pursuant to

95-3 the provisions of this chapter, and no part of the salaries or expenses of the

95-4 board may be paid out of the state general fund or from the penalties

95-5 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 state [which]

95-8 that are federally insured [,] or insured by a private insurer pursuant to

95-9 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 of

95-11 investments , or invested as authorized by NRS 355.140.

95-12 (b) Penalties must be deposited with the state treasurer for credit to the

95-13 state general fund.

95-14 Sec. 160. NRS 630A.160 is hereby amended to read as follows:

95-15 630A.160 1. Out of the money coming into the possession of the

95-16 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, while

95-18 engaged in the business of the board; and

95-19 (b) A per diem allowance and travel expenses at a rate fixed by the

95-20 board, while engaged in the business of the board. The rate must not exceed

95-21 the rate provided for state officers and employees generally.

95-22 2. While engaged in the business of the board, each employee of the

95-23 board is entitled to receive a per diem allowance and travel expenses at a

95-24 rate fixed by the board. The rate must not exceed the rate provided for state

95-25 officers and employees generally.

95-26 3. Expenses of the board and the expenses and salaries of the members

95-27 and employees of the board must be paid from the fees received by the

95-28 board pursuant to the provisions of this chapter. Except as otherwise

95-29 provided in subsection 6, no part of the salaries or expenses of the members

95-30 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 financial

95-32 institutions in this state [which] that are federally insured [.] or insured by a

95-33 private insurer approved pursuant to NRS 678.755.

95-34 5. The board may delegate to a hearing officer or panel its authority to

95-35 take any disciplinary action pursuant to this chapter, impose and collect

95-36 administrative fines, court costs and attorney’s fees therefor and deposit the

95-37 money therefrom in financial institutions in this state [which] that are

95-38 federally insured [.] or insured by a private insurer approved pursuant to

95-39 NRS 678.755.

95-40 6. If a hearing officer or panel is not authorized to take disciplinary

95-41 action pursuant to subsection 5, the board shall deposit the money collected

95-42 from the imposition of administrative fines, court costs and attorney’s fees

95-43 with the state treasurer for credit to the state general fund. The board may

96-1 present a claim to the state board of examiners for recommendation to the

96-2 interim finance committee if money is needed to pay attorney’s fees or the

96-3 costs of an investigation, or both.

96-4 Sec. 161. NRS 631.180 is hereby amended to read as follows:

96-5 631.180 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, while

96-7 engaged in the business of the board; and

96-8 (b) A per diem allowance and travel expenses at a rate fixed by the

96-9 board, while engaged in the business of the board. The rate must not exceed

96-10 the rate provided for state officers and employees generally.

96-11 2. While engaged in the business of the board, each employee of the

96-12 board is entitled to receive a per diem allowance and travel expenses at a

96-13 rate fixed by the board. The rate must not exceed the rate provided for state

96-14 officers and employees generally.

96-15 3. The board shall deposit in banks , credit unions or savings and loan

96-16 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 the

96-18 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:

96-20 631.350 1. Except as otherwise provided in NRS 631.347, the board

96-21 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 to

96-24 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 conditions

96-27 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 or

96-31 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 an

96-35 examination of his competence;

96-36 (k) Require a person to fulfill certain training or educational

96-37 requirements; or

96-38 (l) Any combination thereof,

96-39 upon proof satisfactory to the board that the person has engaged in any of

96-40 the activities listed in subsection 2.

96-41 2. The following activities may be punished as provided in subsection

96-42 1:

96-43 (a) Engaging in the illegal practice of dentistry or dental hygiene;

97-1 (b) Engaging in unprofessional conduct; or

97-2 (c) Violating any regulations adopted by the board or the provisions of

97-3 this chapter.

97-4 3. The board may delegate to a hearing officer or panel its authority to

97-5 take any disciplinary action pursuant to this chapter, impose and collect

97-6 fines therefor and deposit the money therefrom in banks , credit unions or

97-7 savings and loan associations in this state.

97-8 4. If a hearing officer or panel is not authorized to take disciplinary

97-9 action pursuant to subsection 3 and the board deposits the money collected

97-10 from the imposition of fines with the state treasurer for credit to the state

97-11 general fund, it may present a claim to the state board of examiners for

97-12 recommendation to the interim finance committee if money is needed to pay

97-13 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:

97-15 632.090 1. Except as otherwise provided in subsection 3, all money

97-16 received by the board under the provisions of this chapter must be paid to

97-17 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. The

97-19 money may be drawn on by the board for payment of all expenses incurred

97-20 in the administration of the provisions of this chapter.

97-21 2. The board may delegate to a hearing officer or panel its authority to

97-22 take any disciplinary action pursuant to this chapter, impose and collect

97-23 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 disciplinary

97-26 action pursuant to subsection 2 and the board deposits the money collected

97-27 from the imposition of fines with the state treasurer for credit to the state

97-28 general fund, it may present a claim to the state board of examiners for

97-29 recommendation to the interim finance committee if money is needed to pay

97-30 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:

97-32 633.261 1. All reasonable expenses incurred by the board in carrying

97-33 out the provisions of this chapter shall be paid from the fees which it

97-34 receives, and no part of the salaries or expenses of the board may be paid

97-35 out of the general fund of the state treasury.

97-36 2. All money received by the board shall be deposited in banks , credit

97-37 unions or savings and loan associations in this state and shall be paid out on

97-38 its order for its expenses.

97-39 Sec. 165. NRS 634.050 is hereby amended to read as follows:

97-40 634.050 1. Except as otherwise provided in subsection 3, all money

97-41 collected by the board must be deposited in banks , credit unions or savings

97-42 and loan associations in the State of Nevada, and must be used by the board

97-43 to defray its legitimate expenses.

98-1 2. The board may delegate to a hearing officer or panel its authority to

98-2 take any disciplinary action pursuant to this chapter, impose and collect

98-3 fines therefor and deposit the money therefrom in banks , credit unions or

98-4 savings and loan associations in this state.

98-5 3. If a hearing officer or panel is not authorized to take disciplinary

98-6 action pursuant to subsection 2 and the board deposits the money collected

98-7 from the imposition of fines with the state treasurer for credit to the state

98-8 general fund, it may present a claim to the state board of examiners for

98-9 recommendation to the interim finance committee if money is needed to pay

98-10 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:

98-12 635.040 1. All fees provided for in this chapter must be paid to the

98-13 treasurer of the board, who shall deposit the fees in banks , credit unions or

98-14 savings and loan associations in this state. All of the salaries and expenses

98-15 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 of

98-17 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 recommendation

98-19 to the interim finance committee if money is needed to pay attorneys’ fees

98-20 or the costs of an investigation, or both.

98-21 Sec. 167. NRS 636.110 is hereby amended to read as follows:

98-22 636.110 1. Except as otherwise provided in subsection 3, all money

98-23 coming into possession of the board must be deposited by the executive

98-24 director in a special fund to be expended for payment of compensation and

98-25 expenses of members of the board and for other necessary or proper

98-26 purposes in the administration of this chapter. The executive director shall

98-27 deposit the money in banks , credit unions or savings and loan associations

98-28 in this state.

98-29 2. The board may delegate to a hearing officer or panel its authority to

98-30 take any disciplinary action pursuant to this chapter, impose and collect

98-31 administrative fines and penalties therefor and forward the money therefrom

98-32 to the executive director for deposit in banks , credit unions or savings and

98-33 loan associations in this state.

98-34 3. If a hearing officer or panel is not authorized to take disciplinary

98-35 action pursuant to subsection 2 and the board deposits the money collected

98-36 from the imposition of administrative fines and penalties with the state

98-37 treasurer for credit to the state general fund, it may present a claim to the

98-38 state board of examiners for recommendation to the interim finance

98-39 committee if money is needed to pay attorney’s fees or the costs of an

98-40 investigation, or both.

98-41 Sec. 168. NRS 637.060 is hereby amended to read as follows:

98-42 637.060 1. Except as otherwise provided in subsection 3, all money

98-43 received by the board under the provisions of this chapter must be deposited

99-1 in banks , credit unions or savings and loan associations in the State of

99-2 Nevada. The money may be drawn on by the board for payment of all

99-3 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 to

99-5 take any disciplinary action pursuant to this chapter, impose and collect

99-6 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 disciplinary

99-9 action pursuant to subsection 2 and the board deposits the money collected

99-10 from the imposition of administrative fines with the state treasurer for credit

99-11 to the state general fund, it may present a claim to the state board of

99-12 examiners for recommendation to the interim finance committee if money is

99-13 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:

99-15 637A.080 1. All fees provided for in this chapter must be paid to the

99-16 board.

99-17 2. Except as otherwise provided in subsection 4, all money coming into

99-18 the possession of the board must be kept or deposited by the secretary in

99-19 banks, credit unions, savings and loan associations or other financial

99-20 institutions in this state to be expended for the payment of the salaries and

99-21 expenses of the members and employees of the board and for other

99-22 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 to

99-24 take any disciplinary action pursuant to this chapter, impose and collect

99-25 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 disciplinary

99-28 action pursuant to subsection 3 and the board deposits the money collected

99-29 from the imposition of penalties with the state treasurer for credit to the

99-30 state general fund, it may present a claim to the state board of examiners for

99-31 recommendation to the interim finance committee if money is needed to pay

99-32 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:

99-34 637B.240 1. All fees collected under the provisions of this chapter

99-35 must be paid to the secretary-treasurer of the board to be used [for the

99-36 purpose of defraying] to defray the necessary expenses of the board. The

99-37 secretary-treasurer shall deposit the fees in qualified banks , credit unions

99-38 or savings and loan associations in this state.

99-39 2. The board may delegate to a hearing officer or panel its authority to

99-40 take any disciplinary action pursuant to this chapter, impose and collect civil

99-41 penalties therefor and deposit the money therefrom in banks , credit unions

99-42 or savings and loan associations in this state.

100-1 3. If a hearing officer or panel is not authorized to take disciplinary

100-2 action pursuant to subsection 2 and the board deposits the money collected

100-3 from the imposition of civil penalties with the state treasurer for credit to the

100-4 state general fund, it may present a claim to the state board of examiners for

100-5 recommendation to the interim finance committee if money is needed to pay

100-6 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:

100-8 638.1473 1. Except as otherwise provided in subsection 4, all

100-9 reasonable expenses incurred by the board in carrying out the provisions of

100-10 this chapter must be paid from the money which it receives. No part of the

100-11 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 by

100-13 the board from the imposition of fines must be deposited with the state

100-14 treasurer for credit to the state general fund. All other money received by

100-15 the board must be deposited in qualified banks , credit unions or savings

100-16 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 to

100-18 take any disciplinary action pursuant to this chapter, impose and collect

100-19 fines therefor and deposit the money therefrom in banks , credit unions or

100-20 savings and loan associations in this state.

100-21 4. If a hearing officer or panel is not authorized to take disciplinary

100-22 action pursuant to subsection 3 and the board deposits the money collected

100-23 from the imposition of fines with the state treasurer for credit to the state

100-24 general fund, it may present a claim to the state board of examiners for

100-25 recommendation to the interim finance committee if money is needed to pay

100-26 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:

100-28 639.081 1. Except as otherwise provided in subsection 3, all money

100-29 coming into the possession of the board must be kept or deposited by the

100-30 secretary in banks , credit unions or savings and loan associations in the

100-31 State of Nevada, or invested in United States treasury bills or notes, to be

100-32 expended for payment of compensation and expenses of members of the

100-33 board and for other necessary or proper purposes in the administration of

100-34 this chapter.

100-35 2. The board may delegate to a hearing officer or panel its authority to

100-36 take any disciplinary action pursuant to this chapter, impose and collect

100-37 fines therefor and deposit the money therefrom in banks , credit unions or

100-38 savings and loan associations in this state.

100-39 3. If a hearing officer or panel is not authorized to take disciplinary

100-40 action pursuant to subsection 2 and the board deposits the money collected

100-41 from the imposition of fines with the state treasurer for credit to the state

101-1 general fund, it may present a claim to the state board of examiners for

101-2 recommendation to the interim finance committee if money is needed to pay

101-3 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:

101-5 640.070 1. All fees collected under this chapter must be deposited by

101-6 the board in banks , credit unions or savings and loan associations in the

101-7 State of Nevada.

101-8 2. All expenses incident to the operation of this chapter must be paid

101-9 from the revenue derived therefrom.

101-10 3. The board may delegate to a hearing officer or panel its authority to

101-11 take any disciplinary action pursuant to this chapter and impose and collect

101-12 administrative fines therefor. If the board so delegates its authority, the

101-13 board may deposit the money from the fines in banks , credit unions or

101-14 savings and loan associations in this state for the support of the board. In

101-15 addition, the hearing officer or panel may assess a licensee against whom

101-16 disciplinary action is taken any costs and fees incurred by the board as a

101-17 result of the hearing. The money from the reimbursed costs and fees may

101-18 also be deposited for use by the board.

101-19 4. If a hearing officer or panel is not authorized to take disciplinary

101-20 action pursuant to subsection 3, the board shall deposit the money collected

101-21 from the imposition of administrative fines with the state treasurer for credit

101-22 to the state general fund. The board may present a claim to the state board

101-23 of examiners for recommendation to the interim finance committee if money

101-24 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:

101-26 641.380 All [moneys] money coming into possession of the board

101-27 [shall] must be kept or deposited by the secretary-treasurer in banks , credit

101-28 unions or savings and loan associations in the State of Nevada to be

101-29 expended for payment of compensation and expenses of board members and

101-30 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:

101-32 641A.300 All [moneys] money coming into possession of the board

101-33 [shall] must be kept or deposited by the secretary-treasurer in banks , credit

101-34 unions or savings and loan associations in the State of Nevada to be

101-35 expended for payment of compensation and expenses of board members and

101-36 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:

101-38 641B.150 1. Except as otherwise provided in subsection 4, all

101-39 reasonable expenses incurred by the board in carrying out the provisions of

101-40 this chapter must be paid from the money which it receives. No part of the

101-41 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 qualified

102-2 banks , credit unions or savings and loan associations in this state and paid

102-3 out on its order for its expenses.

102-4 3. The board may delegate to a hearing officer or panel its authority to

102-5 take any disciplinary action pursuant to this chapter, impose and collect

102-6 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 disciplinary

102-9 action pursuant to subsection 3 and the board deposits the money collected

102-10 from the imposition of fines with the state treasurer for credit to the state

102-11 general fund, it may present a claim to the state board of examiners for

102-12 recommendation to the interim finance committee if money is needed to pay

102-13 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:

102-15 642.070 All fees collected under the provisions of this chapter shall be

102-16 paid to the treasurer of the board to be used [for the purpose of defraying] to

102-17 defray the necessary expenses of the board. The treasurer shall deposit the

102-18 fees in banks , credit unions or savings and loan associations in the State of

102-19 Nevada.

102-20 Sec. 178. NRS 642.075 is hereby amended to read as follows:

102-21 642.075 1. Except as otherwise provided in subsection 4, all

102-22 reasonable expenses incurred by the board in carrying out the provisions of

102-23 this chapter must be paid from the money which it receives. No part of the

102-24 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 by

102-26 the board from the imposition of fines must be deposited with the state

102-27 treasurer for credit to the state general fund. All other money received by

102-28 the board must be deposited in qualified banks , credit unions or savings

102-29 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 to

102-31 take any disciplinary action pursuant to this chapter, impose and collect

102-32 fines therefor and deposit the money therefrom in banks , credit unions or

102-33 savings and loan associations in this state.

102-34 4. If a hearing officer or panel is not authorized to take disciplinary

102-35 action pursuant to subsection 3 and the board deposits the money collected

102-36 from the imposition of fines with the state treasurer for credit to the state

102-37 general fund, it may present a claim to the state board of examiners for

102-38 recommendation to the interim finance committee if money is needed to pay

102-39 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:

102-41 643.060 1. Except as otherwise provided in subsection 3, money

102-42 received by the board under this chapter must be paid to the

103-1 secretary-treasurer of the board, who shall deposit [it] the money in banks ,

103-2 credit unions or savings and loan associations in the State of Nevada and

103-3 give a receipt for it.

103-4 2. The money must be expended in accordance with the provisions of

103-5 this chapter for all necessary and proper expenses in carrying out the

103-6 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 of

103-8 fines with the state treasurer for credit to the state general fund, and may

103-9 present a claim to the state board of examiners for recommendation to the

103-10 interim finance committee if money is needed to pay an attorney’s fees or

103-11 the costs of an investigation, or both.

103-12 Sec. 180. NRS 644.170 is hereby amended to read as follows:

103-13 644.170 1. All fees collected on behalf of the board and all receipts of

103-14 every kind and nature must be reported at the beginning of each month, for

103-15 the month preceding, to the board. At the same time , the entire amount of

103-16 collections, except as otherwise provided in subsection 5, must be paid to

103-17 the treasurer of the board, who shall deposit them in banks , credit unions

103-18 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 must

103-20 be paid all salaries and all other expenses necessarily incurred in carrying

103-21 into effect the provisions of this chapter.

103-22 3. All orders for payment of money must be drawn on the treasurer of

103-23 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 to

103-25 take any disciplinary action pursuant to this chapter, impose and collect

103-26 fines therefor and deposit the money therefrom in banks , credit unions or

103-27 savings and loan associations in this state.

103-28 5. If a hearing officer or panel is not authorized to take disciplinary

103-29 action pursuant to subsection 4 and the board deposits the money collected

103-30 from the imposition of fines with the state treasurer for credit to the state

103-31 general fund, it may present a claim to the state board of examiners for

103-32 recommendation to the interim finance committee if money is needed to pay

103-33 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:

103-35 645.310 1. All deposits accepted by every real estate broker or person

103-36 registered as an owner-developer pursuant to this chapter, which are

103-37 retained by him pending consummation or termination of the transaction

103-38 involved, must be accounted for in the full amount at the time of the

103-39 consummation or termination.

103-40 2. Every real estate salesman or broker-salesman who receives any

103-41 money on behalf of a broker or owner-developer shall pay over the money

103-42 promptly to the real estate broker or owner-developer.

104-1 3. A real estate broker shall not commingle the money or other property

104-2 of his client with his own.

104-3 4. If a real estate broker receives money, as a broker, which belongs to

104-4 others, he shall promptly deposit the money in a separate checking account

104-5 located in a bank or credit union in this state which must be designated a

104-6 trust account. All down payments, earnest money deposits, rents, or other

104-7 money which he receives, on behalf of his client or any other person, must

104-8 be deposited in the account unless all persons who have any interest in the

104-9 money have agreed otherwise in writing. A real estate broker may pay to

104-10 any seller or the seller’s authorized agent the whole or any portion of such

104-11 special deposit. The real estate broker is personally responsible and liable

104-12 for such deposit at all times. A real estate broker shall not permit any

104-13 advance payment of money belonging to others to be deposited in the real

104-14 estate broker’s business or personal account or to be commingled with any

104-15 money he may have on deposit.

104-16 5. Every real estate broker required to maintain a separate trust account

104-17 shall keep records of all money deposited therein. The records must clearly

104-18 indicate the date and from whom he received money, the date deposited, the

104-19 dates of withdrawals, and other pertinent information concerning the

104-20 transaction, and must show clearly for whose account the money is

104-21 deposited and to whom the money belongs. The real estate broker shall

104-22 balance each separate trust account at least monthly. The real estate broker

104-23 shall provide to the division, on a form provided by the division, an annual

104-24 accounting which shows an annual reconciliation of each separate trust

104-25 account. All such records and money are subject to inspection and audit by

104-26 the division and its authorized representatives. All such separate trust

104-27 accounts must designate the real estate broker as trustee and provide for

104-28 withdrawal of money without previous notice.

104-29 6. Each real estate broker shall notify the division of the names of the

104-30 banks and credit unions in which he maintains trust accounts and specify

104-31 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 or

104-33 becomes mentally disabled, the division, upon application to the district

104-34 court, may have a trustee appointed to administer and distribute the money

104-35 in the account with the approval of the court. The trustee may serve without

104-36 posting a bond.

104-37 Sec. 182. NRS 645.606 is hereby amended to read as follows:

104-38 645.606 1. As used in NRS 645.606 to 645.609, inclusive, "qualified

104-39 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 as

104-41 prepared to facilitate a tax-deferred exchange of property in this state by

104-42 acting as the custodian of money or other property.

105-1 3. The term does not include a bank , credit union or other depository

105-2 institution, an escrow company, a title insurer, an agent licensed pursuant to

105-3 chapter 692A of NRS or its subsidiaries or employees.

105-4 Sec. 183. NRS 645A.160 is hereby amended to read as follows:

105-5 645A.160 All money deposited in escrow to be delivered upon the

105-6 close of the escrow or upon any other contingency must be kept separate

105-7 from money belonging to the escrow agent or agency and must be deposited

105-8 in a [federally insured] financial institution that is federally insured or

105-9 insured by a private insurer approved pursuant to NRS 678.755 unless

105-10 another financial institution has been designated in writing in the

105-11 instructions for the escrow. The money when deposited must be designated

105-12 as "trust funds" or "escrow accounts" or under some other appropriate name

105-13 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:

105-15 645A.170 1. Money deposited in escrow is not subject to execution or

105-16 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 be

105-18 kept any money in any bank , credit union or other financial institution

105-19 under any name designating the money as belonging to the clients of any

105-20 escrow agent or agency, unless the money was actually entrusted to the

105-21 agent or agency by the client for deposit in escrow.

105-22 Sec. 185. NRS 645B.170 is hereby amended to read as follows:

105-23 645B.170 1. All money paid to the mortgage company for payment of

105-24 taxes or insurance premiums on property which secures any loan made by

105-25 the mortgage company must be deposited in a bank or credit union and kept

105-26 separate, distinct and apart from money belonging to the mortgage

105-27 company. Such money, when deposited, is to be designated as an "impound

105-28 trust account" or under some other appropriate name indicating that the

105-29 accounts are not the money of the mortgage company.

105-30 2. The mortgage company has a fiduciary duty to its debtors with

105-31 respect to the money in its impound trust account.

105-32 3. The mortgage company shall, upon reasonable notice, account to any

105-33 debtor whose property secures a loan made by the mortgage company for

105-34 any money which that person has paid to the mortgage company for the

105-35 payment of taxes or insurance premiums on the property in question.

105-36 4. The mortgage company shall, upon reasonable notice, account to the

105-37 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 amount

105-40 reasonably necessary to pay the obligations as they become due.

105-41 (b) Within 30 days after the completion of its annual review of an

105-42 impound trust account, notify the debtor:

106-1 (1) Of the amount by which the contributions exceed the amount

106-2 reasonably necessary to pay the annual obligations due from the account;

106-3 and

106-4 (2) That he may specify the disposition of the excess money within 20

106-5 days after receipt of the notice. If the debtor fails to specify such a

106-6 disposition within that time, the mortgage company shall maintain the

106-7 excess money in the account.

106-8 This subsection does not prohibit a mortgage company from requiring

106-9 additional amounts to be paid into an impound trust account to recover a

106-10 deficiency that exists in the account.

106-11 6. A mortgage company shall not make payments from an impound

106-12 trust account in a manner that causes a policy of insurance to be canceled or

106-13 causes property taxes or similar payments to become delinquent.

106-14 Sec. 186. NRS 645B.180 is hereby amended to read as follows:

106-15 645B.180 1. Money in an impound trust account is not subject to

106-16 execution or attachment on any claim against the mortgage company.

106-17 2. It is unlawful for any mortgage company knowingly to keep or cause

106-18 to be kept any money in any bank or credit union under the heading of

106-19 "impound trust account" or any other name designating such money as

106-20 belonging to the debtors of the mortgage company, except money paid to

106-21 the mortgage company for the payment of taxes and insurance premiums on

106-22 property securing loans made by the company, and money held in trust

106-23 pursuant to NRS 645B.175.

106-24 Sec. 187. NRS 649.345 is hereby amended to read as follows:

106-25 649.345 1. Each licensed collection agency shall file with the

106-26 commissioner a written report, signed and sworn to by its manager, no later

106-27 than January 31 of each year, unless the commissioner determines that there

106-28 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 last

106-30 business day of the preceding month.

106-31 (b) The total sum on deposit in customer trust fund accounts and

106-32 available for immediate distribution as of the close of the last business day

106-33 of the preceding month, the title of the trust account or accounts, and the

106-34 name of the [bank or] banks or credit unions where the money is deposited.

106-35 (c) The total amount of creditors’ or forwarders’ share of money

106-36 collected more than 60 days before the last business day of the preceding

106-37 month and not remitted by that date.

106-38 (d) When the total sum under paragraph (c) exceeds $10, the name of

106-39 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 may

106-41 require.

107-1 2. The filing of any report required by this section which is known by

107-2 the collection agency to contain false information or statements constitutes

107-3 grounds for the suspension of the agency’s license or the manager’s

107-4 certificate, or both.

107-5 Sec. 188. NRS 649.355 is hereby amended to read as follows:

107-6 649.355 1. Every collection agency and collection agent shall openly,

107-7 fairly and honestly conduct the collection agency business and shall at all

107-8 times conform to the accepted business ethics and practices of the collection

107-9 agency business.

107-10 2. Every licensee shall at all times maintain a separate [bank] account in

107-11 a bank or credit union in which must be deposited all money collected.

107-12 Except as otherwise provided in regulations adopted by the commissioner

107-13 pursuant to NRS 649.054, the account must be maintained in a bank or

107-14 credit union located in this state and bear some title sufficient to distinguish

107-15 it from the licensee’s personal or general checking account and to designate

107-16 it as a trust account, such as "customer’s trust fund account." The trust

107-17 account must at all times contain sufficient money to pay all money due or

107-18 owing to all customers, and no disbursement may be made from the account

107-19 except to customers or to pay costs advanced for those customers, except

107-20 that a licensee may periodically withdraw from the account such money as

107-21 may accrue to the licensee from collections deposited or from adjustments

107-22 resulting from costs advanced and payments made directly to customers.

107-23 3. Every licensee maintaining a separate custodial or trust account shall

107-24 keep a record of all money deposited in the account, which must indicate

107-25 clearly the date and from whom the money was received, the date deposited,

107-26 the dates of withdrawals and other pertinent information concerning the

107-27 transaction, and must show clearly for whose account the money is

107-28 deposited and to whom the money belongs. The money must be remitted to

107-29 the creditors respectively entitled thereto within 30 days following the end

107-30 of the month in which payment is received. The records and money are

107-31 subject to inspection by the commissioner or his authorized representative.

107-32 The records must be maintained at the premises in this state at which the

107-33 licensee is authorized to conduct business.

107-34 4. If the commissioner finds that a licensee’s records are not maintained

107-35 pursuant to subsections 2 and 3, he may require the licensee to deliver an

107-36 audited financial statement prepared from his records by a certified public

107-37 accountant who holds a certificate to engage in the practice of public

107-38 accounting in this state. The statement must be submitted within 60 days

107-39 after the commissioner requests it. The commissioner may grant a

107-40 reasonable extension for the submission of the financial statement if an

107-41 extension is requested before the statement is due.

108-1 Sec. 189. NRS 654.120 is hereby amended to read as follows:

108-2 654.120 1. The secretary of the board shall receive and account for all

108-3 money paid to the board pursuant to this chapter. The secretary of the board

108-4 shall deposit the money in banks , credit unions or savings and loan

108-5 associations in the State of Nevada.

108-6 2. Except as otherwise provided in subsection 5, all money received by

108-7 the board pursuant to this chapter must be used to:

108-8 (a) Pay the per diem and travel expenses of the members of the board.

108-9 (b) Pay the salaries and per diem and travel expenses of the employees of

108-10 the board.

108-11 (c) Administer the provisions of this chapter.

108-12 3. Any money which remains at the end of the fiscal year must be

108-13 retained by the board for future disbursement for the purposes enumerated

108-14 in subsection 2.

108-15 4. The board may delegate to a hearing officer or panel its authority to

108-16 take any disciplinary action pursuant to this chapter, impose and collect

108-17 fines and penalties therefor and deposit the money therefrom in banks ,

108-18 credit unions or savings and loan associations in this state.

108-19 5. If a hearing officer or panel is not authorized to take disciplinary

108-20 action pursuant to subsection 4 and the board deposits the money collected

108-21 from the imposition of fines with the state treasurer for credit to the state

108-22 general fund, it may present a claim to the state board of examiners for

108-23 recommendation to the interim finance committee if money is needed to pay

108-24 attorney’s fees or the costs of an investigation, or both.

108-25 Sec. 190. NRS 656.230 is hereby amended to read as follows:

108-26 656.230 All [moneys] money coming into the possession of the board

108-27 [shall] must be kept or deposited by the executive secretary of the board in

108-28 banks , credit unions or savings and loan institutions in the State of Nevada

108-29 to be expended for payment of compensation and expenses of board

108-30 members and for other necessary or proper purposes in the administration of

108-31 this chapter.

108-32 Sec. 191. NRS 663.025 is hereby amended to read as follows:

108-33 663.025 Whenever any deposit is made in any bank or credit union

108-34 doing business within this state by any person in trust for another, and no

108-35 other or further notice of the existence and terms of a legal and valid trust

108-36 has been given in writing to the bank [,] or credit union, upon the death of

108-37 the trustee the deposit or any part thereof, together with the dividends or

108-38 interest thereon, may be paid to the person for whom the deposit was made.

108-39 Sec. 192. NRS 663.045 is hereby amended to read as follows:

108-40 663.045 Notwithstanding any provision of law of this state or of any

108-41 political subdivision thereof requiring security for deposits in the form of

108-42 collateral [,] or surety bond or in any other form, security for such deposits

108-43 shall not be required to the extent such deposits are insured under the

109-1 provisions of the Federal Deposit Insurance Act, as now or hereafter

109-2 amended [.] , or insured by the National Credit Union Share Insurance

109-3 Fund or by a private insurer approved pursuant to NRS 678.755.

109-4 Sec. 193. NRS 663.055 is hereby amended to read as follows:

109-5 663.055 Any bank or credit union or officer of any bank or credit

109-6 union whose authority to transact a banking business has been revoked as

109-7 provided in this Title [,] or Title 56 of NRS, receiving any deposit of

109-8 whatever nature after such revocation, shall be subject to the same penalty

109-9 as provided in this Title or Title 56 of NRS for those who transact a banking

109-10 business without authority.

109-11 Sec. 194. NRS 663.065 is hereby amended to read as follows:

109-12 663.065 1. When any deposit is made in a bank or credit union by a

109-13 minor, the bank or credit union may pay to such depositor such sums as

109-14 may be due him, and the receipt of such minor to such bank or credit union

109-15 is valid.

109-16 2. A bank or credit union may operate a deposit account in the name of

109-17 a minor or in the name of two or more persons one or more of whom are

109-18 minors with the same effect upon its liability as if such minors were of full

109-19 age.

109-20 3. A bank or credit union may lease a safe-deposit box to, and in

109-21 connection therewith deal with, a minor with the same effect as if leasing to

109-22 and dealing with a person of full legal capacity.

109-23 4. An institution may rent a safe-deposit box or other receptacle for safe

109-24 deposit of property to, and receive property for safe deposit from, a married

109-25 minor and spouse, whether adult or minor, jointly.

109-26 5. This section does not affect the law governing transactions with

109-27 minors in cases outside the scope of this section.

109-28 Sec. 195. NRS 663.075 is hereby amended to read as follows:

109-29 663.075 1. A bank or credit union may arrange for the collection of

109-30 savings from school children by the principal of the school, by the teachers,

109-31 or by collectors pursuant to regulations issued by the commissioner and

109-32 approved, in the case of public schools, by the board of trustees of the

109-33 school district in which the school is situated. The principal, teacher or

109-34 person authorized by the bank or credit union to make collections from the

109-35 school children must be the agent of the bank or credit union to make

109-36 collections from the school children, and the bank or credit union is liable

109-37 to the pupil for all deposits made with such principal, teacher or other

109-38 authorized person to the same extent as if the deposits were made directly

109-39 with the bank [.] or credit union.

109-40 2. The acceptance of deposits in furtherance of a school thrift or savings

109-41 plan by an officer, employee or agent of a bank or credit union at any

109-42 school is not the establishment or operation of a branch facility.

110-1 Sec. 196. NRS 666A.250 is hereby amended to read as follows:

110-2 666A.250 1. Each foreign bank which is licensed to establish and

110-3 maintain a state branch or agency shall hold in this state currency, bonds,

110-4 notes, debentures, drafts, bills of exchange or other evidence of

110-5 indebtedness, including loan participation agreements or certificates, or

110-6 other obligations payable in the United States or in United States money or,

110-7 with the prior approval of the commissioner, in money freely convertible

110-8 into United States money, or such other assets as the commissioner by

110-9 regulation permits, in an amount which bears such relationship as the

110-10 commissioner prescribes to liabilities of the foreign bank payable at or

110-11 through its state branch or agency, including acceptances, but excluding

110-12 amounts due and other liabilities to other offices, agencies or branches of,

110-13 and wholly owned, except for a nominal number of directors’ shares,

110-14 subsidiaries of, the foreign bank and such other liabilities as the

110-15 commissioner determines.

110-16 2. For the purposes of this section, the commissioner shall value

110-17 marketable securities at principal amount or market value, whichever is

110-18 lower, may determine the value of any nonmarketable bond, note,

110-19 debenture, draft, bill of exchange, other evidence of indebtedness, including

110-20 agreements for or certificates of participation in loans, or of any other asset

110-21 or obligation held or owed to the foreign bank or its state branch or agency

110-22 in this state, and in determining the amount of assets for the purpose of

110-23 computing the ratio of assets to liabilities, may by regulation exclude in

110-24 whole or in part any particular asset.

110-25 3. If, by reason of the existence or the potential occurrence of unusual

110-26 and extraordinary circumstances, the commissioner deems it necessary or

110-27 desirable for the maintenance of a sound financial condition, the protection

110-28 of depositors, creditors and the public interest, and to maintain public

110-29 confidence in the business of a state branch or agency, he may, subject to

110-30 such terms and conditions as he may prescribe, require a foreign bank to

110-31 deposit the assets required to be held in this state pursuant to this section

110-32 with such Nevada banks or credit unions as he may designate.

110-33 4. The assets held to satisfy the relationship of assets to liabilities

110-34 prescribed by the commissioner pursuant to this section may include

110-35 obligations of any person for money borrowed from a foreign bank holding

110-36 a license to establish and maintain a state branch or agency only to the

110-37 extent that the total of such obligations of any person are not more than 10

110-38 percent of the assets considered for purposes of this section.

110-39 Sec. 197. NRS 669.220 is hereby amended to read as follows:

110-40 669.220 1. A trust company:

110-41 (a) Shall keep all trust funds and investments separate from the assets of

110-42 the trust company, and all investments made by the trust company as a

111-1 fiduciary must be designated so that the trust or estate to which the

111-2 investments belong may be clearly identified.

111-3 (b) When it holds trust funds awaiting investment or distribution may

111-4 deposit or leave those funds on deposit with a state or national bank [.] or

111-5 credit union. The funds must not be deposited or left with the same

111-6 corporation depositing them or leaving them on deposit, or with a

111-7 corporation or association holding or owning a majority of the stock of the

111-8 trust company making or leaving the deposit, unless that corporation or

111-9 association first pledges, as security for the deposit, securities eligible for

111-10 investment by state banks or credit unions which have a market value equal

111-11 to that of the deposited funds. No security is required with respect to any

111-12 portion of the deposits that is insured under the provisions of [any] NRS

111-13 678.755 or a law of the United States.

111-14 (c) When it acts in any capacity under a court trust or private trust, unless

111-15 the instrument creating the trust provides otherwise, may cause any

111-16 securities held by it in its representative capacity to be registered in the

111-17 name of a nominee or nominees of the trust company.

111-18 (d) When acting as depositary or custodian for the personal

111-19 representative of a court trust or private trust, unless the instrument creating

111-20 the trust provides otherwise, may with the consent of the personal

111-21 representative of the trust, cause any securities held by it to be registered in

111-22 the name of a nominee or nominees of the trust company.

111-23 2. A trust company is liable for any loss occasioned by the acts of its

111-24 nominees with respect to securities registered under this section.

111-25 3. No corporation or the registrar or transfer agent of the corporation is

111-26 liable for registering or causing to be registered on the books of the

111-27 corporation any securities in the name of any nominee of a trust company or

111-28 for transferring or causing to be transferred on the books of the corporation

111-29 any securities registered by the corporation in the name of any nominee of a

111-30 trust company when the transfer is made on the authorization of the

111-31 nominee.

111-32 4. Except as otherwise provided in subsection 5, the assets forming the

111-33 capital of a trust company must:

111-34 (a) Be governmental obligations or insured deposits that mature within 3

111-35 years after acquisition.

111-36 (b) Have an aggregate market value that equals or exceeds 60 percent of

111-37 the company’s current stockholders’ equity or 60 percent of the company’s

111-38 initial stockholders’ equity, whichever is greater.

111-39 5. A trust company may purchase or rent land and equipment for use in

111-40 the daily activities of the trust company.

111-41 Sec. 198. NRS 670.040 is hereby amended to read as follows:

111-42 670.040 "Financial institution" means any banking corporation , credit

111-43 union or trust company, savings and loan association, insurance company or

112-1 related corporation, partnership, foundation or other institution engaged

112-2 primarily in lending or investing [funds.] money.

112-3 Sec. 199. NRS 670A.040 is hereby amended to read as follows:

112-4 670A.040 "Financial institution" means any banking corporation ,

112-5 credit union or trust company, savings and loan association, insurance

112-6 company or related corporation, partnership, foundation or other institution

112-7 engaged primarily in lending or investing money.

112-8 Sec. 200. NRS 671.110 is hereby amended to read as follows:

112-9 671.110 1. In lieu of any surety bond, or any portion of the principal

112-10 sum thereof as required by this chapter, a licensee may deposit with the state

112-11 treasurer or with any bank , credit union or trust company authorized to do

112-12 business in this state as the licensee may select, with the approval of the

112-13 commissioner:

112-14 (a) Interest-bearing stocks;

112-15 (b) Bills, bonds, notes, debentures or other obligations of the United

112-16 States or any agency or instrumentality thereof, or guaranteed by the United

112-17 States; or

112-18 (c) Any obligation of this state or any city, county, town, township,

112-19 school district or other instrumentality of this state or guaranteed by this

112-20 state,

112-21 in an aggregate amount of, based upon principal amount or market value,

112-22 whichever is lower, of not less than the amount of the required surety bond

112-23 or portion thereof.

112-24 2. The securities must be held to secure the same obligation as would

112-25 the surety bond, but the depositor may receive any interest or dividends and,

112-26 with the approval of the commissioner, substitute other suitable securities

112-27 for those deposited.

112-28 Sec. 201. NRS 671.150 is hereby amended to read as follows:

112-29 671.150 1. All money or credits received by an agent of a licensee

112-30 from the sale and issuance of checks or for the purpose of transmission must

112-31 be remitted to the licensee or deposited with a bank or credit union

112-32 authorized to do business in this state for credit to an account of the licensee

112-33 not later than the third business day following its receipt.

112-34 2. Money received from the sale or issuance of checks or for the

112-35 purpose of transmission must not be commingled with the other assets of the

112-36 licensee or his agents.

112-37 3. If a license is suspended or terminated, the licensee shall immediately

112-38 deposit in an account in the name of the commissioner, an amount which is

112-39 sufficient to make the total money in the account equal to all outstanding

112-40 checks in the State of Nevada sold or issued and money or credits received

112-41 but not transmitted.

112-42 4. Each licensee shall at all times maintain liquid assets, government or

112-43 municipal securities or other marketable securities having a value, computed

113-1 in accordance with generally accepted accounting principles, equal to or

113-2 more than the aggregate liability of the licensee with respect to checks sold

113-3 and issued and money or credits received for transmission.

113-4 Sec. 202. NRS 681A.460 is hereby amended to read as follows:

113-5 681A.460 1. A transaction between a broker for reinsurance and the

113-6 insurer he represents may only be entered into by written agreement. The

113-7 agreement must specify the responsibilities of each party.

113-8 2. The insurer may terminate the authority of the broker for reinsurance

113-9 at any time.

113-10 3. The broker for reinsurance shall:

113-11 (a) Render accounts to the insurer accurately detailing all material

113-12 transactions, including information necessary to support all commissions,

113-13 charges and other fees received by or owing to the broker for reinsurance;

113-14 and

113-15 (b) Remit all money due to the insurer within 30 days after receipt.

113-16 4. All money collected for the account of the insurer must be held by

113-17 the broker for reinsurance in a fiduciary capacity in a bank or credit union

113-18 which is a qualified financial institution.

113-19 5. The broker for reinsurance shall comply with the written standards

113-20 established by the insurer for the cession or retrocession of all risks.

113-21 6. The broker for reinsurance shall disclose to the insurer any

113-22 relationship with any reinsurer to which insurance will be ceded or

113-23 retroceded.

113-24 Sec. 203. NRS 681A.490 is hereby amended to read as follows:

113-25 681A.490 1. Transactions between a manager for reinsurance and the

113-26 reinsurer he represents must only be entered into pursuant to a written

113-27 contract which specifies the responsibilities of each party and is approved

113-28 by the board of directors of the reinsurer. At least 30 days before a reinsurer

113-29 assumes or cedes insurance, a copy of the contract must be filed with the

113-30 commissioner for approval.

113-31 2. The reinsurer may terminate the contract for cause upon written

113-32 notice to the manager for reinsurance and the reinsurer may suspend the

113-33 authority of the manager for reinsurance to assume or cede insurance during

113-34 the pendency of any dispute regarding the cause for termination.

113-35 3. The manager for reinsurance shall:

113-36 (a) Render accounts to the reinsurer accurately detailing all material

113-37 transactions, including information necessary to support all commissions,

113-38 charges and other fees received by or owing to him; and

113-39 (b) Remit all money due pursuant to the contract to the reinsurer

113-40 monthly.

113-41 4. All money collected for the account of the reinsurer must be held by

113-42 the manager for reinsurance, in a fiduciary capacity, in a bank or credit

113-43 union which is a qualified financial institution. The manager for reinsurance

114-1 may retain no more than the total of 3 months’ estimated payments on

114-2 claims and allocated expenses of adjusting losses. The manager for

114-3 reinsurance shall maintain a separate [bank] account in a bank or credit

114-4 union for each reinsurer that he represents.

114-5 5. The contract must not be assigned in whole or in part by the manager

114-6 for reinsurance.

114-7 Sec. 204. NRS 681B.010 is hereby amended to read as follows:

114-8 681B.010 In any determination of the financial condition of an insurer,

114-9 there must be allowed as assets only such assets as are owned by the insurer

114-10 and which consist of:

114-11 1. Cash in the possession of the insurer, or in transit under its control,

114-12 and including the true balance of any deposit in a solvent bank , credit

114-13 union or trust company.

114-14 2. Investments, securities, properties and loans acquired or held in

114-15 accordance with this code, and in connection therewith the following items:

114-16 (a) Interest due or accrued on any bond or evidence of indebtedness

114-17 which is not in default and which is not valued on a basis including accrued

114-18 interest.

114-19 (b) Declared and unpaid dividends on stock and shares, unless such

114-20 amount has otherwise been allowed as an asset.

114-21 (c) Interest due or accrued upon a collateral loan in an amount not to

114-22 exceed 1 year’s interest thereon.

114-23 (d) Interest due or accrued on deposits in solvent banks , credit unions

114-24 and trust companies, and interest due or accrued on other assets, if such

114-25 interest is, in the judgment of the commissioner, a collectible asset.

114-26 (e) Interest due or accrued on a mortgage loan, in an amount not

114-27 exceeding in any event the amount, if any, of the excess of the value of the

114-28 property less delinquent taxes thereon over the unpaid principal; but in no

114-29 event may interest accrued for a period in excess of 18 months be allowed

114-30 as an asset.

114-31 (f) Rent due or accrued on real property if such rent is not in arrears for

114-32 more than 3 months, and rent more than 3 months in arrears if the payment

114-33 of such rent is adequately secured by property held in the name of the tenant

114-34 and conveyed to the insurer as collateral.

114-35 (g) The unaccrued portion of taxes paid before the due date on real

114-36 property.

114-37 3. Premium notes, policy loans and other policy assets and liens on

114-38 policies and certificates of life insurance and annuity contracts and accrued

114-39 interest thereon, in an amount not exceeding the legal reserve and other

114-40 policy liabilities carried on each individual policy.

114-41 4. The net amount of uncollected and deferred premiums and annuity

114-42 considerations in the case of a life insurer.

115-1 5. Premiums in the course of collection, other than for life insurance,

115-2 not more than 3 months past due, less commissions payable thereon. The

115-3 foregoing limitation does not apply to premiums payable directly or

115-4 indirectly by the United States Government or by any of its

115-5 instrumentalities.

115-6 6. Installment premiums other than life insurance premiums to the

115-7 extent of the unearned premium reserve carried on the policy to which

115-8 premiums apply.

115-9 7. Notes and like written obligations not past due, taken for premiums

115-10 other than life insurance premiums, on policies permitted to be issued on

115-11 such basis, to the extent of the unearned premium reserves carried thereon.

115-12 8. The full amount of reinsurance recoverable by a ceding insurer from

115-13 a solvent reinsurer, which reinsurance is authorized under NRS 681A.110.

115-14 9. Amounts receivable by an assuming insurer representing [funds]

115-15 money withheld by a solvent ceding insurer under a reinsurance treaty.

115-16 10. Deposits or equities recoverable from underwriting associations,

115-17 syndicates and reinsurance funds, or from any suspended [banking]

115-18 financial institution, to the extent deemed by the commissioner available

115-19 for the payment of losses and claims and at values to be determined by him.

115-20 11. All such assets, whether or not consistent with the provisions of this

115-21 section, as may be allowed pursuant to the annual statement form approved

115-22 by the commissioner for the kinds of insurance to be reported upon therein.

115-23 12. As to a title insurer, its title plant and equipment reasonably

115-24 necessary for the conduct of its abstract or title insurance business, at not to

115-25 exceed the cost thereof.

115-26 13. Electronic and mechanical machines and related equipment

115-27 constituting a data processing, recordkeeping or accounting system or

115-28 systems if the cost of each such system is at least $25,000, which cost must

115-29 be amortized in full over a period not to exceed 10 years. The aggregate

115-30 amount invested in all such systems must not exceed 5 percent of the

115-31 insurer’s assets.

115-32 14. Other assets, not inconsistent with the provisions of this section,

115-33 deemed by the commissioner to be available for the payment of losses and

115-34 claims at values to be determined by him.

115-35 Sec. 205. NRS 682A.190 is hereby amended to read as follows:

115-36 682A.190 An insurer may invest in share or savings accounts of credit

115-37 unions or savings and loan associations, or in savings accounts of banks,

115-38 and in any one such institution only to the extent that the investment is

115-39 insured by the Federal Deposit Insurance Corporation [.] , the National

115-40 Credit Union Share Insurance Fund or a private insurer approved

115-41 pursuant to NRS 678.755.

116-1 Sec. 206. NRS 682B.050 is hereby amended to read as follows:

116-2 682B.050 1. In lieu of a deposit made as provided in NRS 682B.040,

116-3 the commissioner in his discretion may, upon written request of the insurer

116-4 and where of greater convenience to the insurer, permit such deposit to be

116-5 made with and held by the trust department of an established bank or credit

116-6 union located in Nevada if both the bank or credit union and the custodial

116-7 arrangements are approved by the commissioner . [for the purpose, and

116-8 under custodial arrangements likewise approved by him.]

116-9 2. All such custodial arrangements shall comply in substance with the

116-10 requirements of this code as to like deposits through the commissioner, as to

116-11 amount, purposes, maintenance, replenishment, release and withdrawal, and

116-12 as to the rights of the insurer therein.

116-13 3. The cost of any such custodianship shall be borne by the insurer. The

116-14 State of Nevada shall have no responsibility for the safekeeping of any such

116-15 deposit.

116-16 4. The commissioner may at any time, in his discretion, terminate any

116-17 such custodial arrangement and require the deposit represented thereby to

116-18 be made as otherwise provided for under NRS 682B.010 to 682B.120,

116-19 inclusive.

116-20 Sec. 207. NRS 682B.130 is hereby amended to read as follows:

116-21 682B.130 1. An alien insurer may use Nevada as a state of entry to

116-22 transact insurance in the United States of America by making and

116-23 maintaining in this state a deposit of assets in trust with a bank , credit

116-24 union or trust company approved by the commissioner.

116-25 2. The deposit, together with other trust deposits of the insurer held in

116-26 the United States of America for the same purpose, [shall] must be in an

116-27 amount not less than as required of an alien insurer under NRS 680A.140 ,

116-28 [(] deposit requirement in general , [), and shall] and must consist of United

116-29 States [cash funds,] money, public obligations of the government or states

116-30 or political subdivisions of the United States of America, and obligations of

116-31 corporations and institutions in the United States of America, all as eligible

116-32 for the investment of [funds] money of domestic insurers under NRS

116-33 682A.060, 682A.070 and 682A.080.

116-34 3. Such a deposit may be referred to as "trusteed assets."

116-35 Sec. 208. NRS 683A.0877 is hereby amended to read as follows:

116-36 683A.0877 1. All insurance charges and premiums collected by an

116-37 administrator on behalf of an insurer and return premiums received from an

116-38 insurer are held by the administrator in a fiduciary capacity.

116-39 2. Money shall be remitted within 15 days to the person or persons

116-40 entitled to it, or shall be deposited within 15 days in a fiduciary [bank]

116-41 account established and maintained by the administrator within the state [.]

116-42 in a bank or credit union.

117-1 3. If charges or premiums deposited in an account have been collected

117-2 on behalf of more than one insurer, the administrator shall cause the bank or

117-3 credit union in which the account is maintained to record clearly the

117-4 deposits and withdrawals from the account on behalf of each insurer.

117-5 4. The administrator shall promptly obtain and keep copies of all [bank]

117-6 account records and shall furnish any insurer with copies of the records

117-7 which pertain to him upon demand of the insurer.

117-8 5. The administrator may not pay any claim by withdrawing money

117-9 from his fiduciary account.

117-10 6. Withdrawals shall be made as provided in the agreement between the

117-11 insurer and the administrator for:

117-12 (a) Remittance to the insurer.

117-13 (b) Deposit in an account maintained in the name of the insurer.

117-14 (c) Transfer to and deposit in an account for the payment of claims.

117-15 (d) Payment to a group policyholder for remittance to the insurer entitled

117-16 to the money.

117-17 (e) Payment to the administrator of his commission, fees or charges.

117-18 (f) Remittance of return premiums to persons entitled to them.

117-19 Sec. 209. NRS 683A.400 is hereby amended to read as follows:

117-20 683A.400 1. All [funds] money of others received by any person in

117-21 any way licensed or acting as an insurance agent, broker, solicitor, surplus

117-22 lines broker, motor club agent or bail agent under any insurance policy or

117-23 undertaking of bail, are received and held by [such] the person in a

117-24 fiduciary capacity. Any such person who diverts or appropriates such

117-25 fiduciary [funds] money to his own use is guilty of embezzlement.

117-26 2. Each such person who does not make immediate remittance of [such

117-27 funds] the money to the insurer or other person entitled thereto, shall elect

117-28 and follow with respect to [funds] money received for the account of a

117-29 particular insurer or person either of the following methods:

117-30 (a) Remit received premiums, less applicable commissions, if any, and

117-31 return premiums to the insurer or other person entitled thereto within 15

117-32 days after [such] receipt; or

117-33 (b) Establish and maintain in a commercial bank , credit union or other

117-34 established financial institution depositary in this state one or more

117-35 accounts, separate from accounts holding his general personal, firm or

117-36 corporate [funds,] money, and forthwith deposit and retain [therein] in the

117-37 accounts pending transmittal to the insurer or other person entitled thereto,

117-38 all such premiums, net of applicable commissions, if any, and return

117-39 premiums. [Funds] Money belonging to more than one principal may be so

117-40 deposited and held in the same such account if the amount so held for each

117-41 [such] principal is readily ascertainable from the records of the depositor.

117-42 The depositor may commingle with such fiduciary [funds] money in a

117-43 particular account such additional [funds] money as he may deem prudent to

118-1 advance premiums, establish reserves for the payment of return

118-2 commissions, or for other contingencies arising in his business of receiving

118-3 and transmitting premiums or return premiums.

118-4 3. Such a person may commingle with his own [funds] money to an

118-5 unlimited amount [funds] money of a particular principal if the principal in

118-6 writing in advance has specifically waived the segregation requirements of

118-7 subsection 2.

118-8 4. Any commingling of [funds with funds] money with money of any

118-9 such person permitted under this section does not alter the fiduciary

118-10 capacity of such person with respect to the [funds] money of others.

118-11 Sec. 210. NRS 689.145 is hereby amended to read as follows:

118-12 689.145 "Trustee" means [any] :

118-13 1. A state or national bank [,] ;

118-14 2. A trust company [or] ;

118-15 3. A federally insured savings and loan association [,] ; or

118-16 4. A credit union insured by the National Credit Union Share

118-17 Insurance Fund or by a private insurer approved pursuant to NRS

118-18 678.755,

118-19 authorized to transact such business in the State of Nevada and designated

118-20 as the trustee of the trust fund in a prepaid contract.

118-21 Sec. 211. NRS 689.325 is hereby amended to read as follows:

118-22 689.325 1. Not more than 75 percent of the earnings of such

118-23 investments, including capital gains, as they accrue and are received, may

118-24 be disbursed by the trustee to the seller or his designee. The remainder of

118-25 any earnings must be held by the trustee to establish a reserve for securities

118-26 valuation until the reserve equals 25 percent of the total trust liabilities.

118-27 2. The trustee shall maintain in the trust fund an amount of money equal

118-28 to 125 percent of the total trust liabilities.

118-29 3. If money in the trust fund is invested or reinvested in:

118-30 (a) Securities which are issued or guaranteed by the United States of

118-31 America;

118-32 (b) Bonds of this state or the bonds of any other state;

118-33 (c) Bonds of counties or municipalities of any state;

118-34 (d) [Bank deposits] Deposits in any [federally insured] bank , credit

118-35 union or savings and loan association [;] that is federally insured or

118-36 insured by a private insurer approved pursuant to NRS 678.755; or

118-37 (e) With the written approval of the commissioner, any investment which

118-38 would have guaranteed liquidity,

118-39 then no earnings of those investments, including capital gains, if any, as

118-40 such earnings accrue and are received, may be disbursed by the trustee to

118-41 the seller or his designee which would reduce the corpus of the trust fund

119-1 below 100 percent of the required value of the trust. Earnings in excess of

119-2 100 percent of the required value of the trust or 125 percent of the total trust

119-3 liability, whichever is appropriate, may be distributed annually.

119-4 4. Earnings are defined as any sum remaining in the trust fund after

119-5 deducting costs of administration over and above 100 percent of the

119-6 required value of the trust.

119-7 5. Every trustee handling money in a trust fund pursuant to NRS

119-8 689.150 to 689.375, inclusive, shall file with the commissioner, within 15

119-9 days after the first day of each calendar quarter, a financial statement

119-10 showing the activity of all trusts required to be maintained by any seller and

119-11 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 the

119-13 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 certificate

119-16 of authority.

119-17 6. The trust must be valued quarterly and averaged annually to

119-18 determine the total value of the trust. If the average market value as of

119-19 December 31 of each year is below 100 percent of the required value of the

119-20 trust or 125 percent of the total trust liability, the commissioner may

119-21 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:

119-23 689.565 1. Not more than 60 percent of the earnings of such

119-24 investments, including capital gains, as they accrue and are received, may

119-25 be disbursed by the trustee to the seller or his designee. The remainder of

119-26 any earnings must be held by the trustee to establish a reserve for securities

119-27 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 equal

119-29 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 of

119-32 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) [Bank deposits] Deposits in any [federally insured] bank , credit

119-36 union or savings and loan association [;] that is federally insured or

119-37 insured by a private insurer approved pursuant to NRS 678.755; or

119-38 (e) With the written approval of the commissioner, any investment which

119-39 has guaranteed liquidity,

119-40 then no earnings of those investments, including capital gains, if any, as

119-41 such earnings accrue and are received, may be disbursed by the trustee to

119-42 the seller or his designee which would reduce the corpus of the trust fund

120-1 below 100 percent of the required value of the trust. Earnings in excess of

120-2 100 percent of the required value of the trust or 125 percent of the total trust

120-3 liability, whichever is appropriate, may be distributed annually.

120-4 4. Earnings are defined as any sum remaining in the trust fund after

120-5 deducting costs of administration over and above 100 percent of the

120-6 required value of the trust.

120-7 5. Every trustee handling money in a trust fund pursuant to NRS

120-8 689.450 to 689.595, inclusive, shall file with the commissioner, within 15

120-9 days after the first day of each calendar quarter, a financial statement

120-10 showing the activity of all trusts required to be maintained by any seller and

120-11 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 transactions

120-13 involving the account. The statement must be on forms prescribed and

120-14 adopted by the commissioner. Every quarterly report must be accompanied

120-15 by a fee of $10. If the statement is not received by the commissioner as

120-16 required, he may, after giving the seller 10 days’ written notice, revoke the

120-17 seller’s permit.

120-18 6. The trust must be valued quarterly and averaged annually to

120-19 determine the total value of the trust. If the average market value of the trust

120-20 as of December 31 of each year is below 100 percent of the required value

120-21 of the trust or 125 percent of the total trust liability, the commissioner may

120-22 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:

120-24 692A.250 1. Money deposited in escrow is not subject to execution or

120-25 attachment on any claim against the title insurer, title agent or escrow

120-26 officer.

120-27 2. A title insurer, title agent or escrow officer shall not knowingly keep

120-28 or cause to be kept any money in any bank , credit union or other financial

120-29 institution under any name designating the money as belonging to his clients

120-30 or those of another such person unless the money was actually entrusted to

120-31 him for deposit in escrow.

120-32 3. All money deposited in escrow to be delivered upon the close of the

120-33 escrow or upon any other contingency must be kept separate from money

120-34 belonging to the title insurer, title agent or escrow officer and must be

120-35 deposited in a [federally insured] financial institution that is federally

120-36 insured or insured by a private insurer approved pursuant to NRS

120-37 678.755 unless another financial institution has been designated in writing

120-38 in the instructions for the escrow. The money when deposited must be

120-39 designated as "trust funds" or "escrow accounts" or under some other

120-40 appropriate name indicating that the money is not the money of the title

120-41 insurer, title agent or escrow officer.

121-1 4. The commissioner shall adopt regulations defining the term

121-2 "commingling" for the purposes of this chapter and prescribing acceptable

121-3 business practices for title agents and escrow officers for handling money

121-4 deposited in escrow.

121-5 Sec. 214. NRS 692B.170 is hereby amended to read as follows:

121-6 692B.170 1. The holder of the solicitation permit shall promptly

121-7 deposit all [funds] money, [(] except as provided in paragraph (a) of

121-8 subsection 2 , [)] received from an offering of securities in this state

121-9 pursuant to the permit, other than advance premiums for insurance which

121-10 are subject to NRS 692B.230, in escrow in a bank , credit union or trust

121-11 company located in this state and under an agreement consistent with this

121-12 chapter filed with and approved by the commissioner.

121-13 2. No part of [such funds shall] the money may be withdrawn from

121-14 [such] the deposit, except:

121-15 (a) For payment of organization, sales and promotion expenses as earned

121-16 and as authorized by the permit, and [funds] money for such purposes, up to

121-17 the applicable expense limit on [funds] money as received, may be withheld

121-18 from the deposit;

121-19 (b) For the purpose of making any deposit with the commissioner

121-20 required for the issuance of a certificate of authority to an insurer, or if the

121-21 organization is not, or is not to be, an insurer, upon completion of payments

121-22 on securities subscriptions made under the permit and deposit or

121-23 appropriation of such [funds] money to the purposes specified in the permit;

121-24 or

121-25 (c) For the making of refunds as provided in NRS [692B.180.

121-26 3. Funds] 692B.240.

121-27 3. Money while so held in escrow may be invested in certificates of

121-28 deposit or savings accounts. Interest accruing thereon [shall become]

121-29 becomes part of the [funds] money released as provided in paragraph (b) of

121-30 subsection 2, or [shall] must be applied toward the cost of making refunds

121-31 under paragraph (c) of subsection 2, or to supplement the bond or deposit in

121-32 lieu thereof if the [same] bond or deposit is called on pursuant to NRS

121-33 692B.150.

121-34 4. When the commissioner has issued a certificate of authority to a

121-35 proposed insurer he shall release to the insurer any [such funds] the money

121-36 remaining in escrow for its account.

121-37 5. The commissioner may in his discretion waive compliance with this

121-38 section as to [funds] money to be received under a subsequent financing

121-39 permit pursuant to NRS 692B.260, or in other circumstances where he

121-40 deems such an escrow to be unnecessary for the protection of investors or

121-41 the public.

122-1 Sec. 215. NRS 692B.230 is hereby amended to read as follows:

122-2 692B.230 1. All sums collected by a domestic mutual corporation as

122-3 premiums or fees on qualifying applications for insurance therein [shall]

122-4 must be deposited in escrow with a bank , credit union or trust company

122-5 located in this state under a written agreement filed with and approved by

122-6 the commissioner. [Terms] The terms of such an agreement [shall] must be

122-7 consistent with those of the solicitation permit and of the applicable

122-8 provisions of this section and NRS 692B.250.

122-9 2. Upon issuance to the corporation of a certificate of authority as an

122-10 insurer for the kind of insurance for which such applications were solicited,

122-11 all [funds] money so held in escrow [shall become the funds] becomes the

122-12 money of the insurer. Until the certificate of authority is issued, [such funds

122-13 shall remain] the money remains the property of the applicants for

122-14 insurance as respectively entitled thereto.

122-15 Sec. 216. NRS 695D.250 is hereby amended to read as follows:

122-16 695D.250 1. An organization for dental care shall set aside a reserve

122-17 equal to 3 percent of the premiums collected from its members up to a total

122-18 of $500,000. This reserve is in addition to the bond or deposit filed with the

122-19 commissioner.

122-20 2. This section does not apply to organizations receiving money from

122-21 federal, state or municipal governments or their political subdivisions or

122-22 another comparable resource which have had their deposit or bond reduced

122-23 by the commissioner.

122-24 3. Every organization shall maintain the reserves required by NRS

122-25 681B.080, unless a larger amount is required by subsection 1 of this section.

122-26 4. The reserve required by subsection 1 is held by the organization in a

122-27 fiduciary capacity. The organization must deposit the reserve in an interest-

122-28 bearing trust account established in a [federally insured] bank, credit union

122-29 or savings and loan association in this state [.] that is federally insured or

122-30 insured by a private insurer approved pursuant to NRS 678.755. The

122-31 account must be separate from all other accounts maintained by the

122-32 organization.

122-33 5. Any person who diverts or appropriates reserves held in a fiduciary

122-34 capacity pursuant to this section for his own use is guilty of embezzlement.

122-35 6. The commissioner may adopt reasonable regulations related to the

122-36 adequacy of a reserve required by this section and the establishment and

122-37 maintenance of a trust account pursuant to this section.

122-38 Sec. 217. NRS 695F.190 is hereby amended to read as follows:

122-39 695F.190 1. A prepaid limited health service organization shall set

122-40 aside a reserve equal to 3 percent of the premiums collected from its

122-41 enrollees in an amount not to exceed $500,000. The reserve is in addition to

122-42 the bond or deposit filed with the commissioner.

122-43 2. The reserve:

123-1 (a) Must be deposited in a trust account in a [federally insured] financial

123-2 institution which is located in this state [.] and which is federally insured

123-3 or insured by a private insurer approved pursuant to NRS 678.755. The

123-4 income earned on money in the account must be paid to the organization

123-5 and used for its operations.

123-6 (b) Is in addition to the reserve established by the organization according

123-7 to good business and accounting practices for incurred but unreported

123-8 claims and other similar claims.

123-9 Sec. 218. NRS 696B.360 is hereby amended to read as follows:

123-10 696B.360 1. The [moneys] money collected by the commissioner in a

123-11 proceeding under this chapter [shall] must be from time to time deposited in

123-12 one or more state or national banks, savings banks , credit unions or trust

123-13 companies, and in the case of the insolvency or voluntary or involuntary

123-14 liquidation of any such depositary which is an institution organized and

123-15 supervised under the laws of this state, such deposits [shall be] are entitled

123-16 to priority of payment on an equality with any other priority given by the

123-17 banking laws of this state.

123-18 2. The commissioner may in his discretion deposit [such moneys] the

123-19 money or any part thereof in a national bank , credit union or trust company

123-20 as a trust fund.

123-21 Sec. 219. NRS 706.3058 is hereby amended to read as follows:

123-22 706.3058 For the purposes of NRS 706.3056, the department may

123-23 accept from the operator of a taxicab any one of the following forms of

123-24 security, or any combination thereof:

123-25 1. A time certificate of deposit with any bank or credit union licensed

123-26 or chartered by this state or the Federal Government, made payable to the

123-27 operator and the department.

123-28 2. Bonds and securities issued or guaranteed by the Federal

123-29 Government made payable to the operator and the department.

123-30 3. A deposit in an amount required by NRS 706.3056 made with the

123-31 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 surety

123-33 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 is

123-37 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 any

123-40 tax or fee administered by the department or if a determination has

123-41 been made against him which remains unpaid, the department may:

123-42 (a) Not later than 3 years after the payment became delinquent or

123-43 the determination became final; or

124-1 (b) Not later than 5 years after the last recording of an abstract of

124-2 judgment or of a certificate constituting a lien for tax owed,

124-3 give a notice of the delinquency and a demand to transmit

124-4 personally or by registered or certified mail to any person,

124-5 including, without limitation, any officer or department of [the] this

124-6 state or any political subdivision or agency of [the] this state, who

124-7 has in his possession or under his control any credits or other

124-8 personal property belonging to the delinquent, or owing any debts

124-9 to the delinquent or person against whom a determination has been

124-10 made which remains unpaid, or owing any debts to the delinquent

124-11 or that person. In the case of any state officer, department or

124-12 agency, the notice must be given to the officer, department or

124-13 agency before [it] the department presents the claim of the

124-14 delinquent taxpayer to the state controller.

124-15 2. A state officer, department or agency which receives such a

124-16 notice may satisfy any debt owed to it by that person before it

124-17 honors the [department’s notice.] notice of the department.

124-18 3. After receiving the demand to transmit, the [persons so]

124-19 person notified by the demand may not transfer or otherwise

124-20 dispose of the credits, other personal property, or debts in [their] his

124-21 possession or under [their] his control at the time [they] he received

124-22 the notice until the department consents to a transfer or other

124-23 disposition.

124-24 4. [All persons so] Every person notified by a demand to

124-25 transmit shall, within 10 days after receipt of the demand to

124-26 transmit, inform the department of, and transmit to the department

124-27 all such credits, other personal property, or debts in [their] his

124-28 possession, under [their] his control or owing by [them] him within

124-29 the time and in the manner requested by the department. Except as

124-30 otherwise provided in subsection 5, no further notice is required to

124-31 be served to [those persons.] that person.

124-32 5. If the property of the delinquent taxpayer consists of a series

124-33 of payments owed to him, the person who owes or controls the

124-34 payments shall transmit the payments to the department until

124-35 otherwise notified by the department. If the debt of the delinquent

124-36 taxpayer is not paid within 1 year after the department issued the

124-37 original demand to transmit, [it] the department shall issue another

124-38 demand to transmit to the person responsible for making the

124-39 payments informing him to continue to transmit payments to the

124-40 department or that his duty to transmit the payments to the

124-41 department has ceased.

125-1 6. If the notice of the delinquency seeks to prevent the transfer

125-2 or other disposition of a deposit in a bank or credit union or other

125-3 credits or personal property in the possession or under the control

125-4 of a bank, credit union or other depository institution, the notice

125-5 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 is

125-7 carried or at which the credits or personal property is held.

125-8 7. If any person [so] notified by the notice of the delinquency

125-9 makes any transfer or other disposition of the property or debts

125-10 required to be withheld or transmitted, to the extent of the value of

125-11 the property or the amount of the debts thus transferred or paid, he is

125-12 liable to the state for any indebtedness due pursuant to [NRS

125-13 482.313,] this chapter , or chapter 362, 364A, [365,] 369, 370, 372,

125-14 372A, [373,] 374, 377, 377A [, 444A, 585, 590] or 444A of NRS,

125-15 NRS 482.313, or chapter 585 or 680B of NRS from the person with

125-16 respect to whose obligation the notice was given if solely by reason

125-17 of the transfer or other disposition the state is unable to recover the

125-18 indebtedness of the person with respect to whose obligation the

125-19 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 effective

125-22 at 12:01 a.m. on October 1, 1999.

 

125-23 TEXT OF REPEALED SECTION

 

125-24 678.770 Maintenance and retention of records.

125-25 1. All records of a credit union incorporated under this chapter shall be

125-26 kept for a period of 6 years from the date of making the record or from the

125-27 date of the last entry.

125-28 2. A credit union is not required to receipt for payment, except as may

125-29 be provided in the bylaws, nor is it necessary to endorse a note showing date

125-30 of payments or balance due.

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