(REPRINTED WITH ADOPTED AMENDMENTS)

 

Senate Bill No. 36–Committee on Judiciary

 

Prefiled January 24, 2001

 

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Revises provisions regarding proceeding for forfeiture of property. (BDR 14‑14)

 

FISCAL NOTE:            Effect on Local Government: Yes.

                                    Effect on the State: No.

 

~

 

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

 

AN ACT relating to forfeitures; changing the standard of proof in a proceeding for the forfeiture of property; revising the provisions governing the distribution of proceeds of forfeited property; 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 179.1173 is hereby amended to read as follows:

1-2    179.1173  1.  The district court shall proceed as soon as practicable to

1-3  a trial and determination of the matter. A proceeding for forfeiture is

1-4  entitled to priority over other civil actions which are not otherwise entitled

1-5  to priority.

1-6    2.  At a proceeding for forfeiture, the plaintiff or claimant may file a

1-7  motion for an order staying the proceeding and the court shall grant that

1-8  motion if a criminal action which is the basis of the proceeding is pending

1-9  trial. The court shall, upon a motion made by the plaintiff, lift the stay upon

1-10  a satisfactory showing that the claimant is a fugitive.

1-11    3.  [A party to] The plaintiff in a proceeding for forfeiture must

1-12  establish proof by [a preponderance of the evidence.] clear and convincing

1-13  evidence that the property is subject to forfeiture.

1-14    4.  In a proceeding for forfeiture, the rule of law that forfeitures are not

1-15  favored does not apply.

1-16    5.  The plaintiff is not required to plead or prove that a claimant has

1-17  been charged with or convicted of any criminal offense. If proof of such a

1-18  conviction is made, and it is shown that the judgment of conviction has

1-19  become final, the proof is, as against any claimant, conclusive evidence of

1-20  all facts necessary to sustain the conviction.

2-1    6.  The plaintiff has an absolute privilege to refuse to disclose the

2-2  identity of any person, other than a witness, who has furnished to a law

2-3  enforcement officer information purporting to reveal the commission of a

2-4  crime. The privilege may be claimed by an appropriate representative of

2-5  the plaintiff.

2-6    7.  If the court determines that the property is not subject to forfeiture,

2-7  it shall order the property returned to the claimant found to be entitled to

2-8  the property. If the court determines that the property is subject to

2-9  forfeiture, it shall so decree. The property must be forfeited to the plaintiff,

2-10  subject to the right of any claimant who establishes a protected interest.

2-11  Any such claimant must, upon the sale or retention of the property, be

2-12  compensated for his interest in the manner provided in NRS 179.118.

2-13    Sec. 2.  NRS 179.1187 is hereby amended to read as follows:

2-14    179.1187  1.  The governing body controlling each law enforcement

2-15  agency that receives proceeds from the sale of forfeited property shall

2-16  establish with the state treasurer, county treasurer, city treasurer or town

2-17  treasurer, as custodian, a special account, known as the
“................. forfeiture account.” The account is a separate and continuing

2-18  account and no money in it reverts to the state general fund or the general

2-19  fund of the county, city or town at any time. For the purposes of this

2-20  subsection, the governing body controlling a metropolitan police

2-21  department is the metropolitan police committee on fiscal affairs.

2-22    2.  The money in the account must be aggregated in the account on a

2-23  quarterly basis and must not be disbursed or otherwise used until a

2-24  quarterly accounting of the money is completed. Upon the completion of

2-25  a quarterly accounting, the money in the account may be used for any

2-26  lawful purpose deemed appropriate by the chief administrative officer of

2-27  the law enforcement agency, except that:

2-28    (a) The money must not be used to pay the ordinary operating expenses

2-29  of the agency.

2-30    (b) Money derived from the forfeiture of any property described in NRS

2-31  453.301 must be used to enforce the provisions of chapter 453 of NRS.

2-32    (c) Money derived from the forfeiture of any property described in NRS

2-33  501.3857 must be used to enforce the provisions of Title 45 of NRS.

2-34    (d) Seventy percent of the money aggregated in the account in excess

2-35  of $100,000 per quarter, as determined based upon the quarterly

2-36  accounting completed pursuant to this subsection, must be distributed to

2-37  the school district in the judicial district. If the judicial district serves

2-38  more than one county, the money must be distributed to the school

2-39  district in the county from which the property was seized.

2-40    3.  A school district that receives money pursuant to paragraph (d) of

2-41  subsection 2 shall deposit such money into a separate account. The

2-42  interest and income earned on the money in the account, after deducting

2-43  any applicable charges, must be credited to the account. The money in

2-44  the account must be used to purchase books and computer hardware and

2-45  software for the use of the students in that school district.

2-46    4.  The chief administrative officer of a law enforcement agency that

2-47  distributes money to a school district pursuant to paragraph (d) of

2-48  subsection 2 shall submit a report to the director of the legislative

3-1  counsel bureau before January 1 of each odd-numbered year. The report

3-2  must contain the amount of money distributed to each school district

3-3  pursuant to paragraph (d) of subsection 2 in the preceding biennium.

3-4    Sec. 3.  NRS 387.303 is hereby amended to read as follows:

3-5    387.303  1.  Not later than November 10 of each year, the board of

3-6  trustees of each school district shall submit to the superintendent of public

3-7  instruction and the department of taxation a report which includes the

3-8  following information:

3-9    (a) For each fund within the school district, including, without

3-10  limitation, the school district’s general fund and any special revenue fund

3-11  which receives state money, the total number and salaries of licensed and

3-12  nonlicensed persons whose salaries are paid from the fund and who are

3-13  employed by the school district in full-time positions or in part-time

3-14  positions added together to represent full-time positions. Information must

3-15  be provided for the current school year based upon the school district’s

3-16  final budget, including any amendments and augmentations thereto, and for

3-17  the preceding school year. An employee must be categorized as filling an

3-18  instructional, administrative, instructional support or other position.

3-19    (b) The count of pupils computed pursuant to paragraph (a) of

3-20  subsection 1 of NRS 387.1233.

3-21    (c) The average daily attendance for the preceding school year and the

3-22  estimated average daily attendance for the current school year of part-time

3-23  pupils enrolled in courses which are approved by the department as

3-24  meeting the requirements for an adult to earn a high school diploma.

3-25    (d) The school district’s actual expenditures in the fiscal year

3-26  immediately preceding the report.

3-27    (e) The school district’s proposed expenditures for the current fiscal

3-28  year.

3-29    (f) The schedule of salaries for licensed employees in the current school

3-30  year and a statement of whether the negotiations regarding salaries for the

3-31  current school year have been completed. If the negotiations have not been

3-32  completed at the time the schedule of salaries is submitted, the board of

3-33  trustees shall submit a supplemental report to the superintendent of public

3-34  instruction upon completion of negotiations or the determination of an

3-35  arbitrator concerning the negotiations that includes the schedule of salaries

3-36  agreed to or required by the arbitrator.

3-37    (g) The number of teachers who received an increase in salary pursuant

3-38  to subsection 2 of NRS 391.160 for the current and preceding fiscal years.

3-39    (h) The number of employees eligible for health insurance within the

3-40  school district for the current and preceding fiscal years and the amount

3-41  paid for health insurance for each such employee during those years.

3-42    (i) The rates for fringe benefits, excluding health insurance, paid by the

3-43  school district for its licensed employees in the preceding and current fiscal

3-44  years.

3-45    (j) The amount paid for extra duties, supervision of extracurricular

3-46  activities and supplemental pay and the number of employees receiving

3-47  that pay in the preceding and current fiscal years.

3-48    (k) The expenditures from the account created pursuant to subsection

3-49  3 of NRS 179.1187. The report must indicate the total amount received

4-1  by the district in the preceding fiscal year, and the specific amount spent

4-2  on books and computer hardware and software for each grade level in

4-3  the district.

4-4    2.  On or before November 25 of each year, the superintendent of

4-5  public instruction shall submit to the department of administration and the

4-6  fiscal analysis division of the legislative counsel bureau, in a format

4-7  approved by the director of the department of administration, a compilation

4-8  of the reports made by each school district pursuant to subsection 1.

4-9    3.  The superintendent of public instruction shall, in the compilation

4-10  required by subsection 2, reconcile the revenues and expenditures of the

4-11  school districts with the apportionment received by those districts from the

4-12  state distributive school account for the preceding year.

4-13    Sec. 4.  The amendatory provisions of this act do not apply to property

4-14  seized before October 1, 2001.

 

4-15  H