requires two-thirds majority vote (§ 45)                                                 

                                                                                                  

 

Senate Bill No. 489–Committee on Government Affairs

 

(On Behalf of Office of the State Treasurer)

 

March 26, 2001

____________

 

Referred to Committee on Government Affairs

 

SUMMARY—Makes various changes regarding powers and duties of state treasurer and revises Uniform Disposition of Unclaimed Property Act. (BDR 18‑360)

 

FISCAL NOTE:    Effect on Local Government: No.

                                 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 governmental administration; revising the authority of the state treasurer to employ a staff and to use a facsimile signature; abolishing the division of unclaimed property of the department of business and industry and transferring the duties of the division to the state treasurer; revising the time for the submission of an annual report by the state treasurer; providing for the submission of certain public revenue and reports to the state controller instead of the state treasurer; revising the Uniform Disposition of Unclaimed Property Act; 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. Chapter 226 of NRS is hereby amended by adding thereto a

1-2  new section to read as follows:

1-3    1.  The state treasurer may, within the limits of available funding,

1-4  employ such persons as he deems necessary to provide an appropriate

1-5  staff for the office of the state treasurer. Except as otherwise provided in

1-6  subsection 3, such an employee is not in the classified or unclassified

1-7  service of the state and serves at the pleasure of the state treasurer.

1-8    2.  The state treasurer shall:

1-9    (a) Determine the salaries and benefits of the persons employed

1-10  pursuant to subsection 1 who are not in the classified or unclassified

1-11  service of the state, within the limits of funding available for that

1-12  purpose; and

1-13    (b) Adopt such rules and policies as he deems appropriate to establish

1-14  the duties and rights of employment of the persons employed pursuant to

2-1  subsection 1 who are not in the classified or unclassified service of the

2-2  state.

2-3    3.  A person who on June 30, 2001:

2-4    (a) Holds a position of employment on the staff of the state treasurer;

2-5  and

2-6    (b) Is employed in that position in the classified service of the
state,

2-7  may elect to remain in the classified service of the state while he

2-8  continues to be employed in that position.

2-9    Sec. 2.  NRS 226.080 is hereby amended to read as follows:

2-10    226.080  1.  The state treasurer [is authorized to] may use a facsimile

2-11  signature [produced through a mechanical device] in place of his

2-12  handwritten signature [whenever the necessity may arise; provided:

2-13    (a) That the mechanical device shall be of such nature that the facsimile

2-14  may be removed from the mechanical device and kept in a separate secure

2-15  place;

2-16    (b) That the facsimile signature of the state treasurer shall be made and

2-17  used only under his personal direction and supervision; and

2-18    (c) That all of the mechanical device shall at all times be kept securely

2-19  locked when not so in use with the facsimile signature and the registered

2-20  key to the mechanical device removed and locked in a vault, to the end that

2-21  any misuse, fraudulent use, or other improper use thereof shall be

2-22  prevented.

2-23    2.  Subject] if:

2-24    (a) The facsimile signature is:

2-25      (1) Produced by the most efficient device or other method of

2-26  facsimile reproduction reasonably available; and

2-27      (2) Made and used only under the personal direction and

2-28  supervision of the state treasurer; and

2-29    (b) The device or other method of facsimile reproduction is kept

2-30  securely locked at all times when not in use in such a manner as to

2-31  prevent any misuse, fraudulent use or other improper use. If the device

2-32  or other method of facsimile reproduction is of such a nature that:

2-33      (1) The facsimile image or impression is severable from the device

2-34  or other method of facsimile reproduction, the facsimile image or

2-35  impression must be kept in a separate secure place in the office of the

2-36  state treasurer; and

2-37      (2) Any registered key, password or other securing device or

2-38  procedure is severable from the device or other method of facsimile

2-39  reproduction, the registered key, password or other securing device or

2-40  procedure must be locked in a vault.

2-41    2.  Except as otherwise required by specific statute and subject to the

2-42  conditions of subsection 1 and the consent of each, the state treasurer and

2-43  the state controller , or the state treasurer and any other officer or

2-44  employee of state government who is authorized to administer a bank

2-45  account, may combine their facsimile signatures for use in [one

2-46  mechanical device.] a device or other method of facsimile reproduction.

2-47  The facsimile image or impression of such combined signatures [shall]

3-1  must be kept in the [state treasurer’s] office of the state treasurer as

3-2  provided in paragraph [(a)] (b) of subsection 1.

3-3    Sec. 3.  NRS 226.100 is hereby amended to read as follows:

3-4    226.100  1.  The state treasurer may appoint and employ a chief

3-5  deputy, a deputy of debt management, a deputy of investments, a deputy of

3-6  cash management , a deputy of unclaimed property and an assistant to the

3-7  state treasurer in the unclassified service of the state.

3-8    2.  Except as otherwise provided in NRS 284.143, the chief deputy

3-9  state treasurer shall devote his entire time and attention to the business of

3-10  his office and shall not pursue any other business or occupation or hold any

3-11  other office of profit.

3-12    Sec. 4.  NRS 226.110 is hereby amended to read as follows:

3-13    226.110  The state treasurer:

3-14    1.  Shall receive and keep all money of the state which is not expressly

3-15  required by law to be received and kept by some other person.

3-16    2.  Shall receipt to the state controller for all money received, from

3-17  whatever source, at the time of receiving it.

3-18    3.  Shall establish the policies to be followed in the investment of

3-19  money of the state, subject to the periodic review and approval or

3-20  disapproval of those policies by the state board of finance.

3-21    4.  May employ any necessary investment and financial advisers to

3-22  render advice and other services in connection with the investment of

3-23  money of the state.

3-24    5.  Shall disburse the public money upon warrants drawn upon the

3-25  treasury by the state controller, and not otherwise. The warrants must be

3-26  registered and paid in the order of their registry. The state treasurer may

3-27  use any sampling or post-audit technique, or both, which he considers

3-28  reasonable to verify the proper distribution of warrants.

3-29    6.  Shall keep a just, true and comprehensive account of all money

3-30  received and disbursed.

3-31    7.  Shall deliver in good order to his successor in office all money,

3-32  records, books, papers and other things belonging to his office.

3-33    8.  Shall fix, charge and collect reasonable fees for:

3-34    (a) Investing the money in any fund or account which is credited for

3-35  interest earned on money deposited in it; and

3-36    (b) Special services rendered to other state agencies or to members of

3-37  the public which increase the cost of operating his office.

3-38    9.  Serves as the primary representative of the state in matters

3-39  concerning any nationally recognized bond credit rating agency for the

3-40  purposes of the issuance of any obligation authorized on the behalf and in

3-41  the name of the state, except as otherwise provided in NRS 538.206 and

3-42  except for those obligations issued pursuant to chapter 319 of NRS and

3-43  NRS 349.400 to 349.987, inclusive.

3-44    10.  Is directly responsible for the issuance of any obligation authorized

3-45  on the behalf and in the name of the state, except as otherwise provided in

3-46  NRS 538.206 and except for those obligations issued pursuant to chapter

3-47  319 of NRS and NRS 349.400 to 349.987, inclusive. The state treasurer:

3-48    (a) Shall issue such an obligation as soon as practicable after receiving a

3-49  request from a state agency for the issuance of the obligation.

4-1    (b) May, except as otherwise provided in NRS 538.206, employ

4-2  necessary legal, financial or other professional services in connection with

4-3  the authorization, sale or issuance of such an obligation.

4-4    11.  May organize and facilitate statewide pooled financing programs,

4-5  including lease purchases, for the benefit of the state and any political

4-6  subdivision, including districts organized pursuant to NRS 450.550 to

4-7  450.750, inclusive, and chapters 244A, 309, 318, 379, 474, 541, 543 and

4-8  555 of NRS.

4-9    12.  Shall serve as the administrator of unclaimed property.

4-10    Sec. 5.  NRS 226.120 is hereby amended to read as follows:

4-11    226.120  The state treasurer shall:

4-12    1.  Provide information to either house of the legislature, whenever

4-13  required, upon any subject connected with the treasury or any duty of his

4-14  office.

4-15    2.  Prepare and submit an annual report of the operations of his office

4-16  to the governor and the legislative commission within [90] 60 working

4-17  days after [the end of each fiscal year.] :

4-18    (a) The close of a fiscal year; or

4-19    (b) The latest date established by the legislature to close accounts for a

4-20  fiscal year,

4-21  whichever occurs later for that fiscal year.

4-22    Sec. 6.  NRS 227.090 is hereby amended to read as follows:

4-23    227.090  1.  The state controller [is authorized to] may use a facsimile

4-24  signature produced through a mechanical device in place of his handwritten

4-25  signature whenever the necessity may arise[; provided:

4-26    (a) That the] , except that:

4-27    (a) The mechanical device [shall] must be of such nature that the

4-28  facsimile signature may be removed from the mechanical device and kept

4-29  in a separate secure place;

4-30    (b) [That the] The use of the facsimile signature [shall be made] must

4-31  be only under the direction and supervision of the state controller; and

4-32    (c) [That the] The registered key to the mechanical device [shall] must

4-33  at all times be kept in a vault, securely locked, when not in use, to prevent

4-34  any misuse of the [same.

4-35    2.  Subject to the conditions] mechanical device.

4-36    2.  Notwithstanding the provisions of subsection 1 , [and the consent

4-37  of each,] the state controller and the state treasurer may combine their

4-38  facsimile signatures [for use in one mechanical device. The facsimile of

4-39  such combined signatures shall be kept in a separate secure place in the

4-40  state treasurer’s office.] as provided in NRS 226.080.

4-41   Sec. 7.  NRS 228.460 is hereby amended to read as follows:

4-42    228.460  1.  The account for programs related to domestic violence is

4-43  hereby created in the state general fund. Any administrative assessment

4-44  imposed and collected pursuant to NRS 200.485 must be deposited with

4-45  the state [treasurer] controller for credit to the account.

4-46    2.  The ombudsman for victims of domestic violence:

4-47    (a) Shall administer the account for programs related to domestic

4-48  violence; and

5-1    (b) May expend money in the account only to pay for expenses related

5-2  to:

5-3       (1) The committee on domestic violence created pursuant to NRS

5-4  228.470;

5-5       (2) Training law enforcement officers, attorneys and members of the

5-6  judicial system about domestic violence;

5-7       (3) Assisting victims of domestic violence and educating the public

5-8  concerning domestic violence; and

5-9       (4) Carrying out his duties and the functions of his office.

5-10    3.  All claims against the account for programs related to domestic

5-11  violence must be paid as other claims against the state are paid.

5-12    Sec. 8.  NRS 232.510 is hereby amended to read as follows:

5-13    232.510  1.  The department of business and industry is hereby

5-14  created.

5-15    2.  The department consists of a director and the following:

5-16    (a) Consumer affairs division.

5-17    (b) Division of financial institutions.

5-18    (c) Housing division.

5-19    (d) Manufactured housing division.

5-20    (e) Real estate division.

5-21    (f) [Division of unclaimed property.

5-22    (g)] Division of insurance.

5-23    [(h)] (g) Division of industrial relations.

5-24    [(i)] (h) Office of labor commissioner.

5-25    [(j)] (i) Taxicab authority.

5-26    [(k)] (j) Nevada athletic commission.

5-27    [(l)] (k) Office of the Nevada attorney for injured workers.

5-28    [(m)] (l) Transportation services authority.

5-29    [(n)] (m) Any other office, commission, board, agency or entity created

5-30  or placed within the department pursuant to a specific statute, the budget

5-31  approved by the legislature or an executive order, or an entity whose

5-32  budget or activities have been placed within the control of the department

5-33  by a specific statute.

5-34    Sec. 9.  NRS 232.520 is hereby amended to read as follows:

5-35    232.520  The director:

5-36    1.  Shall appoint a chief or executive director, or both of them, of each

5-37  of the divisions, offices, commissions, boards, agencies or other entities of

5-38  the department, unless the authority to appoint such a chief or executive

5-39  director, or both of them, is expressly vested in another person, board or

5-40  commission by a specific statute. In making the appointments, the director

5-41  may obtain lists of qualified persons from professional organizations,

5-42  associations or other groups recognized by the department, if any. The

5-43  chief of the consumer affairs division is the commissioner of consumer

5-44  affairs, the chief of the division of financial institutions is the

5-45  commissioner of financial institutions, the chief of the housing division is

5-46  the administrator of the housing division, the chief of the manufactured

5-47  housing division is the administrator of the manufactured housing division,

5-48  the chief of the real estate division is the real estate administrator, [the

5-49  chief of the division of unclaimed property is the administrator of

6-1  unclaimed property,] the chief of the division of insurance is the

6-2  commissioner of insurance, the chief of the division of industrial relations

6-3  is the administrator of the division of industrial relations, the chief of the

6-4  office of labor commissioner is the labor commissioner, the chief of the

6-5  taxicab authority is the taxicab administrator, the chief of the transportation

6-6  services authority is the chairman of the authority and the chief of any

6-7  other entity of the department has the title specified by the director, unless

6-8  a different title is specified by a specific statute.

6-9    2.  Is responsible for the administration of all provisions of law relating

6-10  to the jurisdiction, duties and functions of all divisions and other entities

6-11  within the department. The director may, if he deems it necessary to carry

6-12  out his administrative responsibilities, be considered as a member of the

6-13  staff of any division or other entity of the department for the purpose of

6-14  budget administration or for carrying out any duty or exercising any power

6-15  necessary to fulfill the responsibilities of the director pursuant to this

6-16  subsection. [The provisions of this subsection do not authorize] This

6-17  subsection does not allow the director to preempt any authority or

6-18  jurisdiction granted by statute to any division or other entity within the

6-19  department or [authorize the director] to act or take on a function that

6-20  would contravene a rule of court or a statute.

6-21    3.  May:

6-22    (a) Establish uniform policies for the department, consistent with the

6-23  policies and statutory responsibilities and duties of the divisions and other

6-24  entities within the department, relating to matters concerning budgeting,

6-25  accounting, planning, program development, personnel, information

6-26  services, dispute resolution, travel, workplace safety, the acceptance of

6-27  gifts or donations, the management of records and any other subject for

6-28  which a uniform departmental policy is necessary to ensure the efficient

6-29  operation of the department.

6-30    (b) Provide coordination among the divisions and other entities within

6-31  the department, in a manner which does not encroach upon their statutory

6-32  powers and duties, as they adopt and enforce regulations, execute

6-33  agreements, purchase goods, services or equipment, prepare legislative

6-34  requests and lease or use office space.

6-35    (c) Define the responsibilities of any person designated to carry out the

6-36  duties of the director relating to financing, industrial development or

6-37  business support services.

6-38    4.  May, within the limits of the financial resources made available to

6-39  him, promote, participate in the operation of, and create or cause to be

6-40  created, any nonprofit corporation, pursuant to chapter 82 of NRS, which

6-41  he determines is necessary or convenient for the exercise of the powers and

6-42  duties of the department. The purposes, powers and operation of the

6-43  corporation must be consistent with the purposes, powers and duties of the

6-44  department.

6-45    5.  For any bonds which he is otherwise authorized to issue, may issue

6-46  bonds the interest on which is not exempt from federal income tax or

6-47  excluded from gross revenue for the purposes of federal income tax.

6-48    6.  May, except as otherwise provided by specific statute, adopt by

6-49  regulation a schedule of fees and deposits to be charged in connection with

7-1  the programs administered by him pursuant to chapters 348A and 349 of

7-2  NRS. Except as otherwise provided[,] by specific statute, the amount of

7-3  any such fee or deposit must not exceed 2 percent of the principal amount

7-4  of the financing.

7-5    7.  May designate any person within the department to perform any of

7-6  the duties or responsibilities, or exercise any of the authority, of the

7-7  director on his behalf.

7-8    8.  May negotiate and execute agreements with public or private

7-9  entities which are necessary to the exercise of the powers and duties of the

7-10  director or the department.

7-11    9.  May establish a trust account in the state treasury for depositing and

7-12  accounting for money that is held in escrow or is on deposit with the

7-13  department for the payment of any direct expenses incurred by the director

7-14  in connection with any bond programs administered by the director. The

7-15  interest and income earned on money in the trust account, less any amount

7-16  deducted to pay for applicable charges, must be credited to the trust

7-17  account. Any balance remaining in the account at the end of a fiscal year

7-18  may be:

7-19    (a) Carried forward to the next fiscal year for use in covering the

7-20  expense for which it was originally received; or

7-21    (b) Returned to any person entitled thereto in accordance with

7-22  agreements or regulations of the director relating to those bond programs.

7-23    Sec. 10.  NRS 4.060 is hereby amended to read as follows:

7-24    4.060  1.  Except as otherwise provided in this section, each justice of

7-25  the peace shall charge and collect the following fees:

7-26    (a) On the commencement of any action or proceeding in

7-27  the justice’s court, other than in actions commenced pursuant

7-28  to chapter 73 of NRS, to be paid by the party commencing the

7-29  action:

7-30      If the sum claimed does not exceed $1,000....................................... $28.00

7-31      If the sum claimed exceeds $1,000 but does not exceed

7-32  $2,500............................................. 50.00

7-33      If the sum claimed exceeds $2,500 but does not exceed

7-34  $4,500........................................... 100.00

7-35      If the sum claimed exceeds $4,500 but does not exceed

7-36  $6,500........................................... 125.00

7-37      If the sum claimed exceeds $6,500 but does not exceed

7-38  $7,500........................................... 150.00

7-39      In all other civil actions................ 28.00

7-40    (b) For the preparation and filing of an affidavit and order

7-41  in an action commenced pursuant to chapter 73 of NRS:

7-42      If the sum claimed does not exceed $1,000......................................... 25.00

7-43      If the sum claimed exceeds $1,000 but does not exceed

7-44  $2,500............................................. 45.00

7-45      If the sum claimed exceeds $2,500 but does not exceed

7-46  $5,000............................................. 65.00

7-47    (c) On the appearance of any defendant, or any number of

7-48  defendants answering jointly, to be paid him or them on filing

7-49  the first paper in the action, or at the time of appearance:

8-1       In all civil actions......................... 12.00

8-2       For every additional defendant, appearing separately...................... 6.00

8-3    (d) No fee may be charged where a defendant or defendants

8-4  appear in response to an affidavit and order issued pursuant to

8-5  the provisions of chapter 73 of NRS.

8-6    (e) For the filing of any paper in intervention........................................... 6.00

8-7    (f) For the issuance of any writ of attachment, writ of

8-8  garnishment, writ of execution or any other writ designed to

8-9  enforce any judgment of the court....... 6.00

8-10    (g) For filing a notice of appeal, and appeal bonds....................................... 12.00

8-11      One charge only may be made if both papers are filed at the

8-12  same time.

8-13    (h) For issuing supersedeas to a writ designed to enforce a

8-14  judgment or order of the court.......... 12.00

8-15    (i) For preparation and transmittal of transcript and papers

8-16  on appeal......................................... 12.00

8-17    (j) For celebrating a marriage and returning the certificate

8-18  to the county recorder...................... 35.00

8-19    (k) For entering judgment by confession   6.00

8-20    (l) For preparing any copy of any record, proceeding or

8-21  paper, for each page........................... .30

8-22    (m) For each certificate of the clerk, under the seal of the

8-23  court................................................. 3.00

8-24    (n) For searching records or files in his office, for each year............................... 1.00

8-25    (o) For filing and acting upon each bail or property bond .................................... 40.00

8-26    2.  A justice of the peace shall not charge or collect any of the fees set

8-27  forth in subsection 1 for any service rendered by him to the county in

8-28  which his township is located.

8-29    3.  A justice of the peace shall not charge or collect the fee pursuant to

8-30  paragraph (j) of subsection 1 if he performs a marriage ceremony in a

8-31  commissioner township.

8-32    4.  Except as otherwise provided by an ordinance adopted pursuant to

8-33  the provisions of NRS 244.207, the justice of the peace shall, on or before

8-34  the fifth day of each month, account for and pay to the county treasurer all

8-35  fees collected during the preceding month, except for the fees he may

8-36  retain as compensation and the fees he is required to pay to the state

8-37  [treasurer] controller pursuant to subsection 5.

8-38    5.  The justice of the peace shall, on or before the fifth day of each

8-39  month, pay to the state [treasurer] controller half of the fees collected

8-40  pursuant to paragraph (o) of subsection 1 during the preceding month. The

8-41  state [treasurer] controller shall deposit the money in the fund for the

8-42  compensation of victims of crime.

8-43    Sec. 11.  NRS 4.065 is hereby amended to read as follows:

8-44    4.065  1.  The justice of the peace shall, on the commencement of any

8-45  action or proceeding in the justice’s court for which a fee is required, and

8-46  on the answer or appearance of any defendant in any such action or

8-47  proceeding for which a fee is required, charge and collect a fee of $1 from

8-48  the party commencing, answering or appearing in the action or proceeding.

8-49  These fees are in addition to any other fee required by law.

9-1    2.  On or before the first Monday of each month, the justice of the

9-2  peace shall pay over to the county treasurer the amount of all fees collected

9-3  by him pursuant to subsection 1 for credit to the state general fund.

9-4  Quarterly, the county treasurer shall remit all money so collected to the

9-5  state [treasurer,] controller, who shall place the money in an account in the

9-6  state general fund for use by the director of the department of taxation to

9-7  administer the provisions of NRS 360.283.

9-8    Sec. 12.  NRS 19.030 is hereby amended to read as follows:

9-9    19.030  1.  Except as otherwise provided by specific statute, on the

9-10  commencement of any civil action or proceeding in the district court, other

9-11  than the commencement of a proceeding for an adoption, the county clerk

9-12  of each county, in addition to any other fees provided by law, shall charge

9-13  and collect $32 from the party commencing the action or proceeding.

9-14    2.  On or before the first Monday of each month, the county clerk shall

9-15  pay over to the county treasurer an amount equal to $32 per civil case

9-16  commenced as provided in subsection 1, for the preceding calendar month,

9-17  and the county treasurer shall place that money to the credit of the state

9-18  fund. The county treasurer shall remit quarterly all such fees turned over to

9-19  him by the county clerk to the state [treasurer,] controller to be placed by

9-20  the state [treasurer] controller in the state general fund.

9-21    Sec. 13.  NRS 19.033 is hereby amended to read as follows:

9-22    19.033  1.  In each county, on the commencement of any action for

9-23  divorce in the district court, the county clerk shall charge and collect, in

9-24  addition to other fees required by law, a fee of $20. The fee must be paid

9-25  by the party commencing the action.

9-26    2.  On or before the first Monday of each month, the county clerk shall

9-27  pay over to the county treasurer an amount equal to all fees collected by

9-28  him pursuant to subsection 1, and the county treasurer shall place that

9-29  amount to the credit of the state general fund. Quarterly, the county

9-30  treasurer shall remit all money so collected to the state [treasurer,]

9-31  controller, who shall place the money in an account in the state general

9-32  fund for use by the director of the state job training office or, if the office is

9-33  abolished by executive order, the director of the department of

9-34  employment, training and rehabilitation to administer the provisions of

9-35  NRS 388.605 to 388.655, inclusive.

9-36    3.  The board of county commissioners of any county may impose by

9-37  ordinance an additional filing fee of not more than $6 to be paid by the

9-38  defendant in an action for divorce, annulment or separate maintenance. In a

9-39  county where this fee has been imposed:

9-40    (a) On the appearance of a defendant in the action in the district court,

9-41  the county clerk, in addition to any other fees provided by law, shall charge

9-42  and collect from the defendant the prescribed fee to be paid upon the filing

9-43  of the first paper in the action by the defendant.

9-44    (b) On or before the fifth day of each month, the county clerk shall

9-45  account for and pay to the county treasurer all fees collected during the

9-46  preceding month pursuant to paragraph (a).

9-47    Sec. 14.  Chapter 120A of NRS is hereby amended by adding thereto

9-48  the provisions set forth as sections 15 and 16 of this act.

10-1    Sec. 15.  “Apparent owner” means a person whose name appears on

10-2  the records of a holder as the person entitled to property held, issued or

10-3  owing by the holder.

10-4    Sec. 16.  “Money order” includes an express money order and a

10-5  personal money order, on which the remitter is the purchaser. The term

10-6  does not include a bank money order or any other instrument sold by a

10-7  financial organization if the seller has obtained the name and address of

10-8  the payee.

10-9    Sec. 17.  NRS 120A.020 is hereby amended to read as follows:

10-10  120A.020  As used in this chapter, unless the context otherwise

10-11  requires, the words and terms defined in NRS 120A.025 to 120A.120,

10-12  inclusive, and sections 15 and 16 of this act have the meanings ascribed to

10-13  them in those sections.

10-14  Sec. 18.  NRS 120A.025 is hereby amended to read as follows:

10-15  120A.025  “Administrator” means the [chief of the division] state

10-16  treasurer in his capacity as the administrator of unclaimed property.

10-17  Sec. 19.  NRS 120A.040 is hereby amended to read as follows:

10-18  120A.040  “Business association” means [any corporation (] a

10-19  corporation, other than a public corporation[),] , a joint-stock company,

10-20  investment company, [business trust, partnership or any association for

10-21  business purposes of two or more natural] partnership, unincorporated

10-22  association, joint venture, limited-liability company, business trust,

10-23  financial organization, insurance company, mutual fund or utility, or

10-24  another business entity consisting of one or more persons, whether or not

10-25  for profit . [, including a banking organization, financial organization,

10-26  insurance company or utility.]

10-27  Sec. 20.  NRS 120A.070 is hereby amended to read as follows:

10-28  120A.070  “Financial organization” means [any] a savings and loan

10-29  association, [building and loan association, thrift company, credit union,

10-30  cooperative bank or investment company.] banking organization or credit

10-31  union.

10-32  Sec. 21.  NRS 120A.080 is hereby amended to read as follows:

10-33  120A.080  “Holder” means a person[, wherever organized or

10-34  domiciled, who is:

10-35  1.  In possession of property belonging to another;

10-36  2.  A trustee; or

10-37  3.  Indebted to another on an obligation.] obligated to hold for the

10-38  account of, or deliver or pay to, the owner property that is subject to this

10-39  chapter.

10-40  Sec. 22.  NRS 120A.090 is hereby amended to read as follows:

10-41  120A.090  “Insurance company” means an association, corporation[,]

10-42  or fraternal or mutual benefit organization, whether or not for profit, which

10-43  is engaged in the business of providing life endowments, annuities or

10-44  insurance, including [the following kinds: Accident,] accident, burial,

10-45  casualty, credit life, contract performance, dental, disability, fidelity, fire,

10-46  health, hospitalization, illness, life , [(including endowments and

10-47  annuities),] malpractice, marine, mortgage, surety , [and] wage protection

10-48  [.] and workers’ compensation insurance.

11-1    Sec. 23.  NRS 120A.110 is hereby amended to read as follows:

11-2    120A.110  “Person” [includes a government , a governmental agency

11-3  and a political subdivision of a government.] means a natural person,

11-4  business association, estate, trust, government or governmental

11-5  subdivision, agency or instrumentality, or any other legal or commercial

11-6  entity.

11-7    Sec. 24.  NRS 120A.145 is hereby amended to read as follows:

11-8    120A.145  The administrator or any officer, agent or employee of the

11-9  [division] office of the state treasurer shall not use or disclose any

11-10  information received by the administrator in the course of carrying out the

11-11  provisions of this chapter which is confidential or which is provided to the

11-12  [division] administrator on the basis that the information is to remain

11-13  confidential, unless the use or disclosure of the information is necessary to

11-14  locate the owner of unclaimed or abandoned property.

11-15  Sec. 25.  NRS 120A.160 is hereby amended to read as follows:

11-16  120A.160  The following property held or owing by a [banking or

11-17  financial organization or by a] business association is presumed

11-18  abandoned:

11-19  1.  Any demand, savings or matured time deposit or other certificate of

11-20  deposit with a banking organization, together with any interest or dividend

11-21  thereon, excluding any charges that may lawfully be withheld, including a

11-22  deposit that is automatically renewable, and any money paid toward the

11-23  purchase of a share, a mutual investment certificate or any other interest in

11-24  a [banking or] financial organization, unless the owner has within [5] 3

11-25  years:

11-26  (a) In the case of a deposit, increased or decreased the amount of the

11-27  deposit, or presented the passbook or other similar evidence of the deposit

11-28  for the crediting of interest;

11-29  (b) Communicated in writing with the [banking] financial organization

11-30  concerning the property;

11-31  (c) Otherwise indicated an interest in the property as evidenced by a

11-32  memorandum or other record on file prepared by an employee of the

11-33  [banking or] financial organization;

11-34  (d) Owned other property to which paragraph (a), (b) or (c) applies and

11-35  if the [banking or] financial organization communicates in writing with the

11-36  owner with regard to the property that would otherwise be presumed

11-37  abandoned under this subsection at the address to which communications

11-38  regarding the other property regularly are sent; or

11-39  (e) Had another relationship with the [banking or] financial organization

11-40  concerning which the owner has:

11-41     (1) Communicated in writing with the [banking or] financial

11-42  organization; or

11-43     (2) Otherwise indicated an interest as evidenced by a memorandum

11-44  or other record on file prepared by an employee of the [banking or]

11-45  financial organization and if the [banking or] financial organization

11-46  communicates in writing with the owner with regard to the property that

11-47  would otherwise be abandoned under this subsection at the address to

11-48  which communications regarding the other relationship regularly are sent.

12-1  For the purposes of this subsection, “property” includes interest and

12-2  dividends.

12-3    2.  Any property described in subsection 1 that is automatically

12-4  renewable is matured for purposes of subsection 1 upon the expiration of

12-5  its initial [time] period, but in the case of any renewal to which the owner

12-6  consents at or about the time of renewal by communicating in writing with

12-7  the [banking or] financial organization or otherwise indicating consent as

12-8  evidenced by a memorandum or other record on file prepared by an

12-9  employee of the organization, the property is matured upon the expiration

12-10  of the last [time] period for which consent was given. If, at the time

12-11  provided for delivery in NRS 120A.320, a penalty or forfeiture in the

12-12  payment of interest would result from the delivery of the property, the time

12-13  for delivery is extended until the time when no penalty or forfeiture would

12-14  result.

12-15  3.  Any sum payable on a check certified in this state or on a written

12-16  instrument issued in this state on which a [banking or financial

12-17  organization or] business association is directly liable, including any draft

12-18  or cashier’s check, which has been outstanding for more than 5 years after

12-19  the date it was payable, or after the date of its issuance if payable on

12-20  demand, or any sum payable on a money order which has been outstanding

12-21  for more than 7 years after its issuance, or any sum payable on a traveler’s

12-22  check which has been outstanding for more than 15 years after the date of

12-23  its issuance, unless the owner has within the specified period corresponded

12-24  in writing with the [banking or financial organization or] business

12-25  association concerning it, or otherwise indicated an interest as evidenced

12-26  by a memorandum on file with the [banking or financial organization or]

12-27  business association.

12-28  4.  Any money or other personal property, tangible or intangible,

12-29  removed from a safe-deposit box or any other safekeeping repository on

12-30  which the lease or rental period has expired because of nonpayment of

12-31  rental charges or other reason, or any surplus amounts arising from the sale

12-32  thereof pursuant to law, that have been unclaimed by the owner for more

12-33  than 5 years from the date on which the lease or rental period expired. A

12-34  safe-deposit box for which no rent is charged or which is provided to the

12-35  user because of a specific amount deposited with a [banking or financial

12-36  organization or] business association is presumed abandoned at the same

12-37  time as the account for which it was given.

12-38  Sec. 26.  NRS 120A.170 is hereby amended to read as follows:

12-39  120A.170  1.  Unclaimed money held and owing by an insurance

12-40  company is presumed abandoned if the last known address, according to

12-41  the records of the company, of the person entitled to the money is within

12-42  this state. If a person other than the insured or annuitant is entitled to the

12-43  money and no address of such person is known to the company or if it is

12-44  not definite and certain from the records of the company what person is

12-45  entitled to the money, it is presumed that the last known address of the

12-46  person entitled to the money is the same as the last known address of the

12-47  insured or annuitant according to the records of the company.

12-48  2.  “Unclaimed money,” as used in this section, means all money held

12-49  and owing by any insurance company unclaimed and unpaid for more than

13-1  [5] 3 years after the money became due and payable as established from

13-2  the records of the company under any life or endowment insurance policy

13-3  or annuity contract which has matured or terminated. A life insurance

13-4  policy not matured by actual proof of the death of the insured shall be

13-5  deemed matured and the proceeds thereof deemed due if the policy was in

13-6  force when the insured attained the limiting age under the mortality table

13-7  on which the reserve is based, unless the person appearing entitled thereto

13-8  has within the preceding [5] 3 years:

13-9    (a) Assigned, readjusted or paid premiums on the policy or subjected

13-10  the policy to loan; or

13-11  (b) Corresponded in writing with the insurance company concerning the

13-12  policy.

13-13  3.  Money otherwise payable according to the records of the company

13-14  shall be deemed due although the policy or contract has not been

13-15  surrendered as required.

13-16  Sec. 27.  NRS 120A.190 is hereby amended to read as follows:

13-17  120A.190  1.  Any stock or other intangible interest, or any dividend,

13-18  profit, distribution, interest, payment on principal or other sum held or

13-19  owing by a business association is presumed abandoned if[,] it is

13-20  unclaimed by the apparent owner within 5 years after the earlier of:

13-21  (a) The date [prescribed for payment or delivery the shareholder,

13-22  certificate holder, member, bondholder, other security holder or the

13-23  participating patron of a cooperative has not claimed the property,

13-24  corresponded in writing with the business association or otherwise

13-25  indicated an interest in the property as evidenced by a memorandum or

13-26  other record on file with the association.] of the most recent dividend,

13-27  stock split or other distribution unclaimed by the apparent owner; or

13-28  (b) The date of the second mailing of a statement of account or other

13-29  notification or communication that was returned as undeliverable or

13-30  after the holder discontinued mailings, notifications or communications

13-31  to the apparent owner.

13-32  As to that property, the business association shall be deemed to be the

13-33  holder.

13-34  2.  Any dividend, profit, interest or other distributions held for or owing

13-35  to a person at the time the stock or other property to which they attach are

13-36  presumed to be abandoned shall be deemed to be abandoned at the same

13-37  time as the stock or other property.

13-38  [3.  This section does not apply to any stock or other intangible interest

13-39  enrolled in a plan that provides for the automatic reinvestment of

13-40  dividends, distributions, or other sums payable as a result of the interest

13-41  unless the records available to the administrator of the plan show, with

13-42  respect to any intangible interest not enrolled in the reinvestment plan, that

13-43  the owner has not within 5 years communicated in any manner described in

13-44  subsection 1.]

13-45  Sec. 28.  NRS 120A.200 is hereby amended to read as follows:

13-46  120A.200  All intangible personal property distributable in the course

13-47  of a dissolution of a business association[, banking organization or

13-48  financial organization] organized under the laws of or created in this state

14-1  that is unclaimed by the owner within 1 year after the date for final

14-2  distribution is presumed abandoned.

14-3    Sec. 29.  NRS 120A.210 is hereby amended to read as follows:

14-4    120A.210  All intangible personal property and any income or

14-5  increment thereon held in a fiduciary capacity for the benefit of another

14-6  person is presumed abandoned unless the owner has, within 5 years after it

14-7  becomes payable or distributable, increased or decreased the principal,

14-8  accepted payment of principal or income, corresponded in writing

14-9  concerning the property or otherwise indicated an interest as evidenced by

14-10  a memorandum on file with the fiduciary:

14-11  1.  If the property is held by a [banking organization or a financial

14-12  organization or by a] business association organized under the laws of or

14-13  created in this state;

14-14  2.  If it is held by a business association doing business in this state but

14-15  not organized under the laws of or created in this state and the records of

14-16  the business association indicate that the last known address of the person

14-17  entitled thereto is in this state; or

14-18  3.  If it is held in this state by any other person.

14-19  Sec. 30.  NRS 120A.230 is hereby amended to read as follows:

14-20  120A.230  All intangible personal property not otherwise covered by

14-21  this chapter, including any income or increment thereon and deducting any

14-22  lawful charges, that is held or owing in this state in the ordinary course of

14-23  the holder’s business and has remained unclaimed by the owner for more

14-24  than [5] 3 years after it became payable or distributable is presumed

14-25  abandoned.

14-26  Sec. 31.  NRS 120A.250 is hereby amended to read as follows:

14-27  120A.250  1.  [Every] A person holding money or other property

14-28  presumed abandoned under this chapter shall make a verified report to the

14-29  [division] administrator with respect to the property.

14-30  2.  The report must include:

14-31  (a) Except with respect to traveler’s checks and money orders, the

14-32  name, if known, and last known address, if any, of each person appearing

14-33  from the records of the holder to be the owner of any property of the value

14-34  of $50 or more presumed abandoned under this chapter.

14-35  (b) In the case of unclaimed money held by an insurance company, the

14-36  full name of the insured or annuitant and his last known address according

14-37  to the [corporation’s records.] records of the company.

14-38  (c) The nature and identifying number, if any, or description of the

14-39  property and the amount appearing from the records to be due, except that

14-40  items of value under $50 each may be reported in the aggregate.

14-41  (d) The date when the property became payable, demandable or

14-42  returnable and the date of the last transaction with the owner with respect

14-43  to the property.

14-44  (e) [Other] Any other information which the administrator prescribes by

14-45  regulation as necessary for the administration of this chapter.

14-46  3.  If the person holding property presumed abandoned is a successor to

14-47  other persons who previously held the property for the owner, or if the

14-48  holder has changed his name while holding the property, he shall file with

15-1  his report all prior known names and addresses of each holder of the

15-2  property.

15-3    4.  The report must be filed before November 1 of each year for the

15-4  preceding fiscal year ending June 30 except that the report of an insurance

15-5  company must be filed before May 1 of each year for the preceding

15-6  calendar year. The administrator may, in writing, postpone the reporting

15-7  date upon written request by any person required to file a report.

15-8    5.  Verification of the report, if made by:

15-9    (a) A partnership, must be executed by a partner.

15-10  (b) An unincorporated association or private corporation, must be

15-11  executed by an officer.

15-12  (c) A public entity or corporation, must be executed by its chief fiscal

15-13  officer.

15-14  Sec. 32.  NRS 120A.260 is hereby amended to read as follows:

15-15  120A.260  1.  If the holder of property presumed abandoned under

15-16  this chapter knows the whereabouts of the owner and if the owner’s claim

15-17  has not been barred by the statute of limitations, the holder shall, before

15-18  filing the annual report, communicate with the owner and take necessary

15-19  steps to prevent abandonment from being presumed. The holder shall

15-20  exercise due diligence to ascertain the whereabouts of the owner.

15-21  2.  The administrator may, by regulation, prescribe a form on which the

15-22  owner may indicate his interest in maintaining the deposit, shares or

15-23  account. If a form is so prescribed, the holder shall send the form to each

15-24  owner whose balance is more than $50, not less than [6] 60 nor more than

15-25  [12 months] 120 days before the holder’s report is due. If the owner fills

15-26  out, signs and returns the form to the holder, this action prevents

15-27  abandonment from being presumed. The administrator may, by regulation,

15-28  authorize the holder to impose a charge of not more than a prescribed

15-29  amount upon the owner’s deposit, shares or account for the expense of

15-30  mailing the form. In the absence of a regulation prescribing the maximum

15-31  charge, the holder may impose a charge of not more than $2.

15-32  Sec. 33.  NRS 120A.270 is hereby amended to read as follows:

15-33  120A.270  Any [banking or financial organization or] business

15-34  association which holds property for another, if it does not hold property

15-35  presumed to be abandoned, shall file a report with the administrator, on or

15-36  before November 1 of each 5-year period after November 1, 1984, which

15-37  indicates that it is not a holder of any property presumed to be abandoned

15-38  during that period. The reports of an insurance company under this section

15-39  must be filed before May 1 of each year for the preceding calendar years.

15-40  Sec. 34.  NRS 120A.280 is hereby amended to read as follows:

15-41  120A.280  1.  Within [180] 360 days after the filing of the report

15-42  required by NRS 120A.250 and the payment or delivery of the property

15-43  required by NRS [120A.360,] 120A.320, the administrator shall cause

15-44  notice to be published in at least one newspaper of general circulation in

15-45  the county in this state in which is located the last known address of any

15-46  person to be named in the notice. If no address is listed or if the address is

15-47  outside this state, the notice must be published in the county in which the

15-48  holder of the abandoned property has his principal place of business within

15-49  this state.

16-1    2.  The published notice must be entitled “Notice of Names of Persons

16-2  Appearing To Be Owners of Abandoned Property,” and must contain:

16-3    (a) The names in alphabetical order and last known addresses, if any, of

16-4  persons listed in the report and entitled to notice within the county.

16-5    (b) A statement that information concerning the amount or description

16-6  of the property and the name and address of the holder may be obtained by

16-7  any person possessing an interest in the property by addressing an inquiry

16-8  to the [division.] administrator.

16-9    (c) If the property was removed from a safe-deposit box or other

16-10  safekeeping repository, a statement declaring that the administrator will

16-11  hold the property for 1 year after the date the property was delivered to the

16-12  [division,] administrator, and that the property may be destroyed if no

16-13  claims are made for it within that period.

16-14  3.  The administrator is not required to publish in the notice any item

16-15  valued at less than $50 unless he deems the publication to be in the public

16-16  interest.

16-17  4.  In addition to the notice required to be published pursuant to this

16-18  section, the administrator shall take such actions as are reasonably

16-19  calculated to give actual notice to the owner of property presumed

16-20  abandoned, including, without limitation, using information obtained from

16-21  the department of motor vehicles and public safety and other governmental

16-22  agencies or executing contracts with private businesses to assist in locating

16-23  such owners of property.

16-24  Sec. 35.  NRS 120A.300 is hereby amended to read as follows:

16-25  120A.300  1.  A [banking or financial organization shall not impose a

16-26  charge upon a depositor’s account based on the dormancy of the account

16-27  unless the organization has first mailed a notice of its intended charge to

16-28  the depositor at his last known address and has allowed him 60 days to

16-29  respond.] holder may deduct from property presumed abandoned

16-30  pursuant to this chapter a charge imposed by reason of the owner’s

16-31  failure to claim the property within a specified time only if there is a valid

16-32  and enforceable written contract between the holder and the owner

16-33  under which the holder may impose the charge and the holder regularly

16-34  imposes the charge, which is not regularly reversed or otherwise

16-35  canceled.

16-36  2.  The administrator may prescribe by regulation the highest rate of

16-37  charge which a [banking or financial organization] holder may impose

16-38  upon a dormant account.

16-39  3.  In the absence of such a regulation, a [banking or financial

16-40  institution] holder shall not impose a charge upon a dormant account of

16-41  more than $5 per month.

16-42  Sec. 36.  NRS 120A.310 is hereby amended to read as follows:

16-43  120A.310  No service, handling, maintenance or other charge or fee

16-44  may be deducted or withheld from any property subject to this chapter if,

16-45  under the holder’s policy or practice, the holder would not have excluded,

16-46  withheld or deducted such a charge or fee if the property had been claimed

16-47  by the owner before it was paid or delivered to the [division.]

16-48  administrator.

 

17-1    Sec. 37.  NRS 120A.320 is hereby amended to read as follows:

17-2    120A.320  1.  Except as otherwise provided in subsection 3 and NRS

17-3  120A.160, [every] a person who files a report under NRS 120A.250 shall,

17-4  at the time of filing the report, pay or deliver to the [division]

17-5  administrator all abandoned property specified in [this] the report.

17-6    2.  The holder of an interest under NRS 120A.190 shall deliver a

17-7  duplicate certificate or other evidence of ownership if the holder does not

17-8  issue certificates of ownership to the [division.] administrator. Upon

17-9  delivery of a duplicate certificate to the administrator, the holder and any

17-10  transfer agent, registrar, or other person acting for or on behalf of a holder

17-11  in executing or delivering the duplicate certificate is relieved of all liability

17-12  to every person, including any person acquiring the original certificate or

17-13  the duplicate of the certificate issued to the [division,] administrator, for

17-14  any losses or damages resulting to any person by the issuance and delivery

17-15  to the [division] administrator of the duplicate certificate.

17-16  3.  Property which in all probability will be presumed abandoned

17-17  pursuant to [NRS 120A.200] this chapter may, upon [approval of]

17-18  conditions and terms prescribed by the administrator, be reported and

17-19  delivered by the holder to the [division] administrator before the [date it is

17-20  statutorily] property is presumed abandoned. Property so delivered must

17-21  be held by the administrator and is not presumed abandoned until it

17-22  otherwise would be presumed abandoned pursuant to this chapter.

17-23  Sec. 38.  NRS 120A.330 is hereby amended to read as follows:

17-24  120A.330  Except for property that was removed from a safe-deposit

17-25  box, the administrator may decline to receive any abandoned property

17-26  which he deems to have a value less than the cost of giving notice and

17-27  holding a sale, or he may, if he deems it desirable because of the small sum

17-28  involved, postpone taking possession until a sufficient sum accumulates.

17-29  Unless [it] he gives notice to the contrary at the time [it] he receives

17-30  abandoned property, the [division] administrator shall be deemed to have

17-31  elected to receive and maintain the custody of the property.

17-32  Sec. 39.  NRS 120A.340 is hereby amended to read as follows:

17-33  120A.340  1.  Upon the payment or delivery to [it] him of abandoned

17-34  property, the [division] administrator shall assume custody of the property

17-35  and is thereafter responsible for its safekeeping.

17-36  2.  Any person who pays or delivers abandoned property to the

17-37  [division] administrator under this chapter is relieved of all liability to the

17-38  extent of the value of the property so paid or delivered for any claim which

17-39  then exists or which thereafter may arise or be made in respect to the

17-40  property.

17-41  3.  Any holder who has paid money to the [division] administrator

17-42  pursuant to this chapter may make payment to any person appearing to the

17-43  holder to be entitled thereto, and if the holder files with the [division]

17-44  administrator proof of such payment and proof that the payee was entitled

17-45  thereto, the [division] administrator shall forthwith reimburse the holder

17-46  for the payment, without charge. [Where] If reimbursement is sought for a

17-47  payment made on a negotiable instrument , [(]including a traveler’s check

17-48  or money order[), the division] , the administrator shall reimburse the

17-49  holder upon his filing proof that the instrument was presented to him and

18-1  that payment was made thereon to a person who appeared to the holder to

18-2  be entitled to payment.

18-3    4.  If the holder pays or delivers property to the [division]

18-4  administrator in accordance with this chapter and thereafter any person

18-5  claims the property from the holder, or another state claims the property

18-6  from the holder under that state’s laws, the attorney general shall, upon

18-7  written request of the holder, defend him against the claim and the

18-8  administrator shall indemnify him against [any] all liability on the claim.

18-9    5.  Property removed from a safe-deposit box or other safekeeping

18-10  repository is received by the administrator subject to the holder’s right to

18-11  be reimbursed for the actual cost of the opening and to any valid lien or

18-12  contract providing for the holder to be reimbursed for unpaid rent or

18-13  storage charges. The administrator shall reimburse or pay the holder out of

18-14  the proceeds remaining after deducting the administrator’s selling cost.

18-15  Sec. 40.  NRS 120A.350 is hereby amended to read as follows:

18-16  120A.350  [When] If property other than money is paid or delivered to

18-17  the [division] administrator under this chapter, the owner is entitled to

18-18  receive from the [division] administrator any dividends, interest or other

18-19  increments realized or accruing on the property at or before liquidation or

18-20  conversion thereof into money.

18-21  Sec. 41.  NRS 120A.360 is hereby amended to read as follows:

18-22  120A.360  1.  Except as otherwise provided in subsections 4, 5 and 6,

18-23  all abandoned property other than money delivered to the [division]

18-24  administrator under this chapter must, within 1 year after the delivery, be

18-25  sold by the administrator to the highest bidder at public sale in whatever

18-26  city in the state affords in his judgment the most favorable market for the

18-27  property involved. The administrator may decline the highest bid and

18-28  reoffer the property for sale if he considers the price bid insufficient.

18-29  2.  Any sale held under this section must be preceded by a single

18-30  publication of notice thereof at least 2 weeks in advance of the sale in a

18-31  newspaper of general circulation in the county where the property is to be

18-32  sold.

18-33  3.  The purchaser at any sale conducted by the administrator pursuant

18-34  to this chapter is vested with title to the property purchased, free from all

18-35  claims of the owner or prior holder and of all persons claiming through or

18-36  under them. The administrator shall execute all documents necessary to

18-37  complete the transfer of title.

18-38  4.  The administrator need not offer any property for sale if , in his

18-39  opinion , the probable cost of the sale exceeds the value of the property.

18-40  The administrator may destroy or otherwise dispose of such property or

18-41  may transfer it to:

18-42  (a) The Nevada museum and historical society, the Nevada state

18-43  museum or the Nevada historical society, upon its written request, if the

18-44  property has, in the opinion of the requesting institution, historical, artistic

18-45  or literary value and is worthy of preservation; or

18-46  (b) A genealogical library, upon its written request, if the property has

18-47  genealogical value and is not wanted by the Nevada museum and historical

18-48  society, the Nevada state museum or the Nevada historical society.

19-1  An action may not be maintained by any person against the holder of the

19-2  property because of that transfer, disposal or destruction.

19-3    5.  Securities listed on an established stock exchange must be sold at

19-4  the prevailing price for that security on the exchange at the time of sale.

19-5  Other securities not listed on an established stock exchange may be sold:

19-6    (a) Over the counter at the prevailing price for that security at the time

19-7  of sale; or

19-8    (b) By any other method the administrator deems acceptable.

19-9    6.  The administrator shall hold property that was removed from a safe-

19-10  deposit box or other safekeeping repository for 1 year after the date of the

19-11  delivery of the property to the [division,] administrator, unless that

19-12  property is a will or a codicil to a will, in which case the administrator shall

19-13  hold the property for 10 years after the date of the delivery of the property

19-14  to the [division.] administrator. If no claims are filed for the property

19-15  within that period, it may be destroyed.

19-16  Sec. 42.  NRS 120A.370 is hereby amended to read as follows:

19-17  120A.370  1.  There is hereby created in the state treasury the

19-18  abandoned property trust fund.

19-19  2.  All money received by the [division] administrator under this

19-20  chapter, including the proceeds from the sale of abandoned property, must

19-21  be deposited by the administrator in the state treasury for credit to the

19-22  abandoned property trust fund.

19-23  3.  Before making a deposit, the administrator shall record the name

19-24  and last known address of each person appearing from the holders’ reports

19-25  to be entitled to the abandoned property and of the name and last known

19-26  address of each insured person or annuitant, and with respect to each policy

19-27  or contract listed in the report of an insurance company, its number, the

19-28  name of the company and the amount due. The record must be available for

19-29  public inspection at all reasonable business hours.

19-30  4.  The administrator may pay from money available in the abandoned

19-31  property trust fund:

19-32  (a) Any costs in connection with the sale of abandoned property.

19-33  (b) Any costs of mailing and publication in connection with any

19-34  abandoned property.

19-35  (c) Reasonable service charges.

19-36  (d) Any costs incurred in examining the records of a holder and in

19-37  collecting the abandoned property.

19-38  (e) Any valid claims filed pursuant to this chapter.

19-39  5.  At the end of each fiscal year , the amount of the balance in the fund

19-40  in excess of $100,500 must be [deposited with the state treasurer for credit]

19-41  transferred to the state general fund , but remains subject to the valid

19-42  claims of holders pursuant to NRS 120A.340 or owners pursuant to NRS

19-43  120A.380.

19-44  6.  If there is an insufficient amount of money in the abandoned

19-45  property trust fund to pay any cost or charge pursuant to subsection 4, the

19-46  state board of examiners may, upon the application of the administrator,

19-47  authorize a temporary transfer from the state general fund to the abandoned

19-48  property trust fund of an amount necessary to pay those costs or charges.

20-1  The administrator shall repay the amount of the transfer as soon as

20-2  sufficient money is available in the abandoned property trust fund.

20-3    Sec. 43.  NRS 120A.400 is hereby amended to read as follows:

20-4    120A.400  Any person aggrieved by a decision of the administrator, or

20-5  as to whose claim the administrator has failed to render a decision within

20-6  90 days after the filing of the claim, may [do either of the following, or

20-7  both:

20-8    1.  Request the director of the department of business and industry to

20-9  review the administrative record. The request must be made in writing and

20-10  must be filed with the director within 90 days after the decision of the

20-11  administrator or within 180 days after the filing of the claim. The decision

20-12  of the director constitutes the final decision in a contested case.

20-13  2.  Commence] commence an action in the district court to establish his

20-14  claim. The proceeding must be brought within 90 days after the decision of

20-15  the administrator or within 180 days after the filing of the claim if the

20-16  administrator has failed to render a decision. The action must be tried

20-17  without a jury in cases where the administrator has failed to render a

20-18  decision.

20-19  Sec. 44.  NRS 120A.405 is hereby amended to read as follows:

20-20  120A.405  1.  Any agreement to locate, deliver, recover or assist in

20-21  the recovery of property presumed abandoned which is entered into by or

20-22  on behalf of the owner of the property must:

20-23  (a) Be in writing.

20-24  (b) Be signed by the owner.

20-25  (c) Include a description of the property.

20-26  (d) Include the value of the property.

20-27  (e) Include the name and address of the person in possession of the

20-28  property, if known.

20-29  2.  [No such] Such an agreement is not valid unless it is executed:

20-30  (a) Before the date on which the property is reported to the [division]

20-31  administrator pursuant to NRS 120A.250; or

20-32  (b) Two years after the property has been paid or delivered to the

20-33  [division.

20-34  3.  No] administrator.

20-35  3.  A fee charged for the location, delivery, recovery or assistance in

20-36  the recovery of property presumed abandoned [may] must not be more

20-37  than 10 percent of the total value of the property.

20-38  Sec. 45.  NRS 120A.420 is hereby amended to read as follows:

20-39  120A.420  1.  The [chief of the division of unclaimed property may]

20-40  administrator, at reasonable times and upon reasonable notice , may

20-41  examine the records of any person [if he has reason to believe that the

20-42  person has failed to report property which should have been reported

20-43  pursuant to this chapter.

20-44  2.  To determine] to determine whether the person has complied with

20-45  this chapter. The administrator may conduct the examination even if the

20-46  person believes he is not in possession of any property that must be

20-47  reported, paid or delivered under this chapter. The administrator may

20-48  contract with any other person to conduct the examination on behalf of

20-49  the administrator.

21-1    2.  The administrator, at reasonable times, may examine the records

21-2  of an agent, including a dividend disbursing agent or transfer agent, of a

21-3  business association that is the holder of property presumed abandoned

21-4  if the administrator has given the notice required by subsection 1 to both

21-5  the association and the agent at least 90 days before the examination.

21-6    3.  If an examination of the records of a person results in the

21-7  disclosure of property reportable under this chapter, the administrator

21-8  may assess the cost of the examination against the holder at the rate of

21-9  $200 a day for each examiner, or a greater amount that is reasonable

21-10  and was incurred, but the assessment may not exceed the value of the

21-11  property found to be reportable. The cost of an examination made

21-12  pursuant to subsection 2 may be assessed only against the business

21-13  association.

21-14  4.  If a holder does not maintain any records required by this chapter

21-15  or a regulation adopted pursuant to this chapter and the records of the

21-16  holder available for the periods subject to this chapter are insufficient to

21-17  permit the preparation of a report pursuant to this chapter, the

21-18  administrator may require the holder to report and pay to the

21-19  administrator the amount the administrator reasonably estimates, on the

21-20  basis of any available records of the holder or by any other reasonable

21-21  method of estimation, should have been but was not reported.

21-22  5.  To assist the administrator in determining compliance with this

21-23  chapter, the commissioner of financial institutions may examine the

21-24  records of any banking organization and any savings and loan association

21-25  doing business within this state but not organized under the laws of or

21-26  created in this state.

21-27  [3.] 6.  When requested by the [chief of the division of unclaimed

21-28  property,] administrator, any licensing or regulating agency otherwise

21-29  empowered by the laws of this state to examine the records of the holder

21-30  shall include in its examination a determination whether the holder has

21-31  complied with this chapter.

21-32  Sec. 46.  NRS 120A.430 is hereby amended to read as follows:

21-33  120A.430  If any person refuses to pay or deliver property to the

21-34  [division] administrator as required under this chapter, the attorney

21-35  general, upon request of the administrator, may bring an action in a court

21-36  of competent jurisdiction to enforce the payment or delivery. In such an

21-37  action, the court may award costs and reasonable attorney’s fees to the

21-38  prevailing party, and, if the [division] administrator is the prevailing party,

21-39  may impose a civil penalty against the losing party in an amount not to

21-40  exceed 2 percent of the value of the property, or $1,000, whichever is

21-41  greater.

21-42  Sec. 47.  NRS 120A.440 is hereby amended to read as follows:

21-43  120A.440  1.  [Any] Except as otherwise provided in subsection 2,

21-44  any person who willfully fails to make any report or perform any other

21-45  duty required under this chapter is guilty of a misdemeanor. Each day such

21-46  a report is withheld constitutes a separate offense.

21-47  2.  Any person who willfully refuses to pay or deliver abandoned

21-48  property to the [division] administrator as required under this chapter is

21-49  guilty of a gross misdemeanor.

22-1    Sec. 48.  NRS 120A.450 is hereby amended to read as follows:

22-2    120A.450  1.  Except as otherwise provided in subsection 2, in

22-3  addition to any penalties for which he may be liable, any person who fails

22-4  to report or to pay or deliver abandoned property within the time prescribed

22-5  by this chapter shall pay to the [division] administrator interest at the rate

22-6  of 18 percent per annum on the money or the value of other property from

22-7  the date on which the property should have been paid or delivered.

22-8    2.  The administrator may waive [any] the right to the payment of

22-9  interest pursuant to this section if:

22-10  (a) The person otherwise obligated to make payment files with the

22-11  [division] administrator a verified statement of the facts, showing that his

22-12  failure to report or to make payment or delivery was not willful or

22-13  negligent but occurred because of circumstances beyond his control; and

22-14  (b) The administrator so finds.

22-15  Sec. 49.  NRS 122.060 is hereby amended to read as follows:

22-16  122.060  1.  The clerk is entitled to receive as his fee for issuing the

22-17  license the sum of $13.

22-18  2.  The clerk shall also at the time of issuing the license collect the sum

22-19  of $3 and pay it over to the county recorder as his fee for recording the

22-20  originally signed copy of the certificate of marriage described in NRS

22-21  122.120.

22-22  3.  The clerk shall also at the time of issuing the license collect the

22-23  additional sum of $4 for the State of Nevada. The fees collected for the

22-24  state must be paid over to the county treasurer by the county clerk on or

22-25  before the [5th] fifth day of each month for the preceding calendar month,

22-26  and must be placed to the credit of the state general fund. The county

22-27  treasurer shall remit quarterly all such fees deposited by the clerk to the

22-28  state [treasurer] controller for credit to the state general fund.

22-29  4.  The clerk shall also at the time of issuing the license collect the

22-30  additional sum of $15 for the account for aid for victims of domestic

22-31  violence in the state general fund. The fees collected for this purpose must

22-32  be paid over to the county treasurer by the county clerk on or before the

22-33  [5th] fifth day of each month for the preceding calendar month, and must

22-34  be placed to the credit of that account. The county treasurer shall, on or

22-35  before the 15th day of each month, remit those fees deposited by the clerk

22-36  to the state [treasurer] controller for credit to that account.

22-37  Sec. 50.  NRS 176.059 is hereby amended to read as follows:

22-38  176.059  1.  Except as otherwise provided in subsection 2, when a

22-39  defendant pleads guilty or guilty but mentally ill or is found guilty of a

22-40  misdemeanor, including the violation of any municipal ordinance, the

22-41  justice or judge shall include in the sentence the sum prescribed by the

22-42  following schedule as an administrative assessment and render a judgment

22-43  against the defendant for the assessment:

 

22-44       ............................................................... FineAssessment

22-45  $5 to $49   $15

22-46  50 to 59   30

22-47  60 to 69   35

22-48  70 to 79   40

23-1    80 to 89   45

23-2    90 to 99   50

23-3    100 to 199   60

23-4    200 to 299   70

23-5    300 to 399   80

23-6    400 to 499   90

23-7    500 to 1,000   105

 

23-8    2.  The provisions of subsection 1 do not apply to:

23-9    (a) An ordinance regulating metered parking; or

23-10  (b) An ordinance which is specifically designated as imposing a civil

23-11  penalty or liability pursuant to NRS 244.3575 or 268.019.

23-12  3.  The money collected for an administrative assessment must not be

23-13  deducted from the fine imposed by the justice or judge but must be taxed

23-14  against the defendant in addition to the fine. The money collected for an

23-15  administrative assessment must be stated separately on the court’s docket

23-16  and must be included in the amount posted for bail. If the defendant is

23-17  found not guilty or the charges are dismissed, the money deposited with the

23-18  court must be returned to the defendant. If the justice or judge cancels a

23-19  fine because the fine has been determined to be uncollectible, any balance

23-20  of the fine and the administrative assessment remaining unpaid shall be

23-21  deemed to be uncollectible and the defendant is not required to pay it. If a

23-22  fine is determined to be uncollectible, the defendant is not entitled to a

23-23  refund of the fine or administrative assessment he has paid and the justice

23-24  or judge shall not recalculate the administrative assessment.

23-25  4.  If the justice or judge permits the fine and administrative assessment

23-26  to be paid in installments, the payments must be first applied to the unpaid

23-27  balance of the administrative assessment. The city treasurer shall distribute

23-28  partially collected administrative assessments in accordance with the

23-29  requirements of subsection 5. The county treasurer shall distribute partially

23-30  collected administrative assessments in accordance with the requirements

23-31  of subsection 6.

23-32  5.  The money collected for administrative assessments in municipal

23-33  court must be paid by the clerk of the court to the city treasurer on or

23-34  before the fifth day of each month for the preceding month. The city

23-35  treasurer shall distribute, on or before the 15th day of that month, the

23-36  money received in the following amounts for each assessment received:

23-37  (a) Two dollars to the county treasurer for credit to a special account in

23-38  the county general fund for the use of the county’s juvenile court or for

23-39  services to juvenile offenders. Any money remaining in the special account

23-40  after 2 fiscal years must be deposited in the county general fund if it has

23-41  not been committed for expenditure. The county treasurer shall provide,

23-42  upon request by a juvenile court, monthly reports of the revenue credited to

23-43  and expenditures made from the special account.

23-44  (b) Seven dollars for credit to a special revenue fund for the use of the

23-45  municipal courts. Any money remaining in the special revenue fund after 2

23-46  fiscal years must be deposited in the municipal general fund if it has not

23-47  been committed for expenditure. The city treasurer shall provide, upon

24-1  request by a municipal court, monthly reports of the revenue credited to

24-2  and expenditures made from the special revenue fund.

24-3    (c) The remainder of each assessment to the state [treasurer] controller

24-4  for credit to a special account in the state general fund.

24-5    6.  The money collected for administrative assessments in justices’

24-6  courts must be paid by the clerk of the court to the county treasurer on or

24-7  before the fifth day of each month for the preceding month. The county

24-8  treasurer shall distribute, on or before the 15th day of that month, the

24-9  money received in the following amounts for each assessment received:

24-10  (a) Two dollars for credit to a special account in the county general fund

24-11  for the use of the county’s juvenile court or for services to juvenile

24-12  offenders. Any money remaining in the special account after 2 fiscal years

24-13  must be deposited in the county general fund if it has not been committed

24-14  for expenditure. The county treasurer shall provide, upon request by a

24-15  juvenile court, monthly reports of the revenue credited to and expenditures

24-16  made from the special account.

24-17  (b) Seven dollars for credit to a special revenue fund for the use of the

24-18  justices’ courts. Any money remaining in the special revenue fund after 2

24-19  fiscal years must be deposited in the county general fund if it has not been

24-20  committed for expenditure. The county treasurer shall provide, upon

24-21  request by a justice’s court, monthly reports of the revenue credited to and

24-22  expenditures made from the special revenue fund.

24-23  (c) The remainder of each assessment to the state [treasurer] controller

24-24  for credit to a special account in the state general fund.

24-25  7.  The money apportioned to a juvenile court, a justice’s court or a

24-26  municipal court pursuant to this section must be used, in addition to

24-27  providing services to juvenile offenders in the juvenile court, to improve

24-28  the operations of the court, or to acquire appropriate advanced technology

24-29  or the use of such technology, or both. Money used to improve the

24-30  operations of the court may include expenditures for:

24-31  (a) Training and education of personnel;

24-32  (b) Acquisition of capital goods;

24-33  (c) Management and operational studies; or

24-34  (d) Audits.

24-35  8.  Of the total amount deposited in the state general fund pursuant to

24-36  subsections 5 and 6, the state controller shall distribute the money received,

24-37  to the extent of legislative authorization, to the following public agencies in

24-38  the following manner:

24-39  (a) Not less than 51 percent must be distributed to the office of the court

24-40  administrator for allocation as follows:

24-41     (1) Eighteen and one-half percent of the amount distributed to the

24-42  office of the court administrator for the administration of the courts.

24-43     (2) Nine percent of the amount distributed to the office of the court

24-44  administrator for the development of a uniform system for judicial records.

24-45     (3) Nine percent of the amount distributed to the office of the court

24-46  administrator for continuing judicial education.

24-47     (4) Sixty percent of the amount distributed to the office of the court

24-48  administrator for the supreme court.

25-1      (5) Three and one-half percent of the amount distributed to the office

25-2  of the court administrator for the payment for the services of retired

25-3  justices and retired district judges.

25-4    (b) Not more than 49 percent must be used to the extent of legislative

25-5  authorization for the support of:

25-6      (1) The central repository for Nevada records of criminal history;

25-7      (2) The peace officers’ standards and training commission;

25-8      (3) The operation by the Nevada highway patrol of a computerized

25-9  switching system for information related to law enforcement; and

25-10     (4) The fund for the compensation of victims of crime.

25-11  9.  As used in this section, “juvenile court” means:

25-12  (a) In any judicial district that includes a county whose population is

25-13  100,000 or more, the family division of the district court; or

25-14  (b) In any other judicial district, the juvenile division of the district

25-15  court.

25-16  Sec. 51.  NRS 176.062 is hereby amended to read as follows:

25-17  176.062  1.  When a defendant pleads guilty or guilty but mentally ill

25-18  or is found guilty of a felony or gross misdemeanor, the judge shall include

25-19  in the sentence the sum of $25 as an administrative assessment and render

25-20  a judgment against the defendant for the assessment.

25-21  2.  The money collected for an administrative assessment:

25-22  (a) Must not be deducted from any fine imposed by the judge;

25-23  (b) Must be taxed against the defendant in addition to the fine; and

25-24  (c) Must be stated separately on the court’s docket.

25-25  3.  The money collected for administrative assessments in district

25-26  courts must be paid by the clerk of the court to the county treasurer on or

25-27  before the fifth day of each month for the preceding month. The county

25-28  treasurer shall distribute, on or before the 15th day of that month, the

25-29  money received in the following amounts for each assessment received:

25-30  (a) Five dollars for credit to a special account in the county general fund

25-31  for the use of the district court.

25-32  (b) The remainder of each assessment to the state [treasurer.] controller.

25-33  4.  The state [treasurer] controller shall credit the money received

25-34  pursuant to subsection 3 to a special account for the assistance of criminal

25-35  justice in the state general fund, and distribute the money from the account

25-36  to the attorney general as authorized by the legislature. Any amount

25-37  received in excess of the amount authorized by the legislature for

25-38  distribution must remain in the account.

25-39  Sec. 52.  NRS 178.518 is hereby amended to read as follows:

25-40  178.518  Money collected pursuant to NRS 178.506 to 178.516,

25-41  inclusive, which was collected:

25-42  1.  From a person who was charged with a misdemeanor must be paid

25-43  over to the county treasurer.

25-44  2.  From a person who was charged with a gross misdemeanor or a

25-45  felony must be paid over to the state [treasurer] controller for deposit in

25-46  the fund for the compensation of victims of crime.

 

 

 

26-1    Sec. 53.  NRS 200.485 is hereby amended to read as follows:

26-2    200.485  1.  Unless a greater penalty is provided pursuant to NRS

26-3  200.481, a person convicted of a battery that constitutes domestic violence

26-4  pursuant to NRS 33.018:

26-5    (a) For the first offense within the immediately preceding 7 years, is

26-6  guilty of a misdemeanor and shall be sentenced to:

26-7      (1) Imprisonment in the city or county jail or detention facility for not

26-8  less than 2 days, but not more than 6 months; and

26-9      (2) Perform not less than 48 hours, but not more than 120 hours, of

26-10  community service.

26-11  The person shall be further punished by a fine of not less than $200, but not

26-12  more than $1,000. A term of imprisonment imposed pursuant to this

26-13  paragraph may be served intermittently at the discretion of the judge or

26-14  justice of the peace, except that each period of confinement must be not

26-15  less than 4 consecutive hours and must occur either at a time when the

26-16  person is not required to be at his place of employment or on a weekend.

26-17  (b) For the second offense within the immediately preceding 7 years, is

26-18  guilty of a misdemeanor and shall be sentenced to:

26-19     (1) Imprisonment in the city or county jail or detention facility for not

26-20  less than 10 days, but not more than 6 months; and

26-21     (2) Perform not less than 100 hours, but not more than 200 hours, of

26-22  community service.

26-23  The person shall be further punished by a fine of not less than $500, but not

26-24  more than $1,000.

26-25  (c) For the third and any subsequent offense within the immediately

26-26  preceding 7 years, is guilty of a category C felony and shall be punished as

26-27  provided in NRS 193.130.

26-28  2.  In addition to any other penalty, if a person is convicted of a battery

26-29  which constitutes domestic violence pursuant to NRS 33.018, the court

26-30  shall:

26-31  (a) For the first offense within the immediately preceding 7 years,

26-32  require him to participate in weekly counseling sessions of not less than 1

26-33  1/2 hours per week for not less than 6 months, but not more than 12

26-34  months, at his own expense, in a program for the treatment of persons who

26-35  commit domestic violence that has been certified pursuant to NRS 228.470.

26-36  (b) For the second offense within the immediately preceding 7 years,

26-37  require him to participate in weekly counseling sessions of not less than 1

26-38  1/2 hours per week for 12 months, at his own expense, in a program for the

26-39  treatment of persons who commit domestic violence that has been certified

26-40  pursuant to NRS 228.470.

26-41  3.  In addition to any other fine or penalty, the court shall order such a

26-42  person to pay an administrative assessment of $35. Any money so collected

26-43  must be paid by the clerk of the court to the state [treasurer] controller on

26-44  or before the fifth day of each month for the preceding month for credit to

26-45  the account for programs related to domestic violence established pursuant

26-46  to NRS 228.460.

26-47  4.  In addition to any other penalty, the court may require such a person

26-48  to participate, at his own expense, in a program of treatment for the abuse

27-1  of alcohol or drugs that has been certified by the bureau of alcohol and

27-2  drug abuse in the department of human resources.

27-3    5.  If a person is charged with committing a battery which constitutes

27-4  domestic violence pursuant to NRS 33.018, a prosecuting attorney shall not

27-5  dismiss such a charge in exchange for a plea of guilty, guilty but mentally

27-6  ill or nolo contendere to a lesser charge or for any other reason unless he

27-7  knows, or it is obvious, that the charge is not supported by probable cause

27-8  or cannot be proved at the time of trial. A court shall not grant probation to

27-9  and, except as otherwise provided in NRS 4.373 and 5.055, a court shall

27-10  not suspend the sentence of such a person.

27-11  6.  For the purposes of this section:

27-12  (a) “Battery” has the meaning ascribed to it in paragraph (a) of

27-13  subsection 1 of NRS 200.481; and

27-14  (b) “Offense” includes a battery which constitutes domestic violence

27-15  pursuant to NRS 33.018 or a violation of the law of any other jurisdiction

27-16  that prohibits the same or similar conduct.

27-17  Sec. 54.  NRS 206.340 is hereby amended to read as follows:

27-18  206.340  1.  The graffiti reward fund is hereby created in the state

27-19  general fund.

27-20  2.  When a defendant pleads or is found guilty of violating NRS

27-21  206.125 or 206.330, the court shall include an administrative assessment of

27-22  $250 for each violation in addition to any other fine or penalty. The money

27-23  collected must be paid by the clerk of the court to the state [treasurer]

27-24  controller on or before the fifth day of each month for the preceding month

27-25  for credit to the graffiti reward fund.

27-26  3.  All money received pursuant to subsection 2 must be deposited with

27-27  the state [treasurer] controller for credit to the graffiti reward fund. The

27-28  money in the fund must be used to pay a reward to a person who, in

27-29  response to the offer of a reward, provides information which results in the

27-30  identification, apprehension and conviction of a person who violates NRS

27-31  206.125 or 206.330.

27-32  4.  If sufficient money is available in the graffiti reward fund, a state

27-33  law enforcement agency may offer a reward, not to exceed $1,000, for

27-34  information leading to the identification, apprehension and conviction of a

27-35  person who violates NRS 206.125 or 206.330. The reward must be paid out

27-36  of the graffiti reward fund upon approval by the state board of examiners.

27-37  Sec. 55.  NRS 249.085 is hereby amended to read as follows:

27-38  249.085  On or before the 15th day of each month, the county treasurer

27-39  shall report to the state [treasurer] controller the amount of the

27-40  administrative assessments paid by each justices’ court for the preceding

27-41  month pursuant to NRS 176.059.

27-42  Sec. 56.  NRS 281.581 is hereby amended to read as follows:

27-43  281.581  1.  A candidate or public or judicial officer who fails to file

27-44  his statement of financial disclosure in a timely manner pursuant to NRS

27-45  281.561 is subject to a civil penalty and payment of court costs and

27-46  attorney’s fees. The amount of the civil penalty is:

27-47  (a) If the statement is filed not more than 7 days late, $25 for each day

27-48  the statement is late.

28-1    (b) If the statement is filed more than 7 days late but not more than 15

28-2  days late, $175 for the first 7 days, plus $50 for each additional day the

28-3  statement is late.

28-4    (c) If the statement is filed more than 15 days late, $575 for the first 15

28-5  days, plus $100 for each additional day the statement is late.

28-6    2.  The commission may, for good cause shown, waive or reduce the

28-7  civil penalty.

28-8    3.  The civil penalty must be recovered in a civil action brought in the

28-9  name of the State of Nevada by the commission in a court of competent

28-10  jurisdiction and deposited [with the state treasurer] by the commission in

28-11  the account for credit to the state general fund[.] in the bank designated

28-12  by the state treasurer.

28-13  4.  If the commission waives a civil penalty pursuant to subsection 2,

28-14  the commission shall:

28-15  (a) Create a record which sets forth that the civil penalty has been

28-16  waived and describes the circumstances that constitute the good cause

28-17  shown; and

28-18  (b) Ensure that the record created pursuant to paragraph (a) is available

28-19  for review by the general public.

28-20  Sec. 57.  NRS 293.840 is hereby amended to read as follows:

28-21  293.840  1.  In addition to any criminal penalty, a person who violates

28-22  the provisions of this chapter is subject to a civil penalty in an amount not

28-23  to exceed $20,000 for each violation. This penalty must be recovered in a

28-24  civil action brought in the name of the State of Nevada by the attorney

28-25  general or by any district attorney in a court of competent jurisdiction.

28-26  2.  Any civil penalty collected pursuant to this section must be

28-27  deposited [with the state treasurer] by the collecting agency for credit to

28-28  the state general fund[.] in the bank designated by the state treasurer.

28-29  Sec. 58.  NRS 294A.420 is hereby amended to read as follows:

28-30  294A.420  1.  If the secretary of state receives information that a

28-31  person or entity that is subject to the provisions of NRS 294A.120,

28-32  294A.140, 294A.150, 294A.180, 294A.200, 294A.210, 294A.220,

28-33  294A.270, 294A.280 or 294A.360 has not filed a report pursuant to the

28-34  applicable provisions of those sections, the secretary of state may, after

28-35  giving notice to that person or entity, cause the appropriate proceedings to

28-36  be instituted in the first judicial district court.

28-37  2.  Except as otherwise provided in this section, a person or entity that

28-38  violates an applicable provision of NRS 294A.112, 294A.120, 294A.130,

28-39  294A.140, 294A.150, 294A.160, 294A.170, 294A.180, 294A.200,

28-40  294A.210, 294A.220, 294A.270, 294A.280, 294A.300, 294A.310,

28-41  294A.320 or 294A.360 is subject to a civil penalty of not more than $5,000

28-42  for each violation and payment of court costs and attorney’s fees. The civil

28-43  penalty must be recovered in a civil action brought in the name of the State

28-44  of Nevada by the secretary of state in the first judicial district court and

28-45  deposited [with the state treasurer] by the secretary of state for credit to the

28-46  state general fund[.] in the bank designated by the state treasurer.

28-47  3.  If a civil penalty is imposed because a person or entity has reported

28-48  its contributions, expenses or expenditures after the date the report is due,

28-49  the amount of the civil penalty is:

29-1    (a) If the report is not more than 7 days late, $25 for each day the report

29-2  is late.

29-3    (b) If the report is more than 7 days late but not more than 15 days late,

29-4  $50 for each day the report is late.

29-5    (c) If the report is more than 15 days late, $100 for each day the report

29-6  is late.

29-7    4.  For good cause shown, the secretary of state may waive a civil

29-8  penalty that would otherwise be imposed pursuant to this section. If the

29-9  secretary of state waives a civil penalty pursuant to this subsection, the

29-10  secretary of state shall:

29-11  (a) Create a record which sets forth that the civil penalty has been

29-12  waived and describes the circumstances that constitute the good cause

29-13  shown; and

29-14  (b) Ensure that the record created pursuant to paragraph (a) is available

29-15  for review by the general public.

29-16  Sec. 59.  NRS 361.745 is hereby amended to read as follows:

29-17  361.745  1.  On the third Mondays of July, October, January and April

29-18  of each year, each county treasurer shall deposit with the state [treasurer]

29-19  controller all money which has come into his hands as county treasurer for

29-20  the use and benefit of the state.

29-21  2.  Each county treasurer shall hold himself in readiness to settle and

29-22  pay all money in his hands belonging to the state at all other times

29-23  whenever required to do so by order signed by the state controller, who is

29-24  authorized to draw such an order whenever he deems it necessary.

29-25  Sec. 60.  NRS 375.070 is hereby amended to read as follows:

29-26  375.070  1.  The county recorder shall transmit the proceeds of the

29-27  real property transfer tax at the end of each quarter in the following

29-28  manner:

29-29  (a) An amount equal to that portion of the proceeds which is equivalent

29-30  to 10 cents for each $500 of value or fraction thereof must be transmitted to

29-31  the state [treasurer] controller who shall deposit that amount in the account

29-32  for low-income housing created pursuant to NRS 319.500.

29-33  (b) In a county whose population is more than 400,000, an amount

29-34  equal to that portion of the proceeds which is equivalent to 60 cents for

29-35  each $500 of value or fraction thereof must be transmitted to the county

29-36  treasurer for deposit in the county school district’s fund for capital projects

29-37  established pursuant to NRS 387.328, to be held and expended in the same

29-38  manner as other money deposited in that fund.

29-39  (c) The remaining proceeds must be transmitted to the state [treasurer]

29-40  controller for deposit in the local government tax distribution account

29-41  created by NRS 360.660 for credit to the respective accounts of Carson

29-42  City and each county.

29-43  2.  In addition to any other authorized use of the proceeds it receives

29-44  pursuant to subsection 1, a county or city may use the proceeds to pay

29-45  expenses related to or incurred for the development of affordable housing

29-46  for families whose income does not exceed 80 percent of the median

29-47  income for families residing in the same county, as that percentage is

29-48  defined by the United States Department of Housing and Urban

29-49  Development. A county or city that uses the proceeds in that manner must

30-1  give priority to the development of affordable housing for persons who are

30-2  disabled or elderly.

30-3    3.  The expenses authorized by subsection 2 include, but are not limited

30-4  to:

30-5    (a) The costs to acquire land and developmental rights;

30-6    (b) Related predevelopment expenses;

30-7    (c) The costs to develop the land, including the payment of related

30-8  rebates;

30-9    (d) Contributions toward down payments made for the purchase of

30-10  affordable housing; and

30-11  (e) The creation of related trust funds.

30-12  Sec. 61.  NRS 408.185 is hereby amended to read as follows:

30-13  408.185  1.  The director and deputy director may use a facsimile

30-14  signature produced through a mechanical device in place of their

30-15  handwritten signatures whenever the necessity may arise.

30-16  2.  Such [mechanical facsimile signature devices] a device must be of

30-17  such a nature that the facsimile signature plate may be inserted and

30-18  removed from the mechanical device only by use of two locking keys.

30-19  3.  Such facsimile signatures must be made and used only under the

30-20  personal direction and supervision of the director and deputy director,

30-21  respectively.

30-22  4.  All of the facsimile signature plates and locking keys must at all

30-23  times be kept in a vault, securely locked when not in use, to the end that

30-24  any misuse, fraudulent use or other improper use is prevented.

30-25  5.  Notwithstanding the provisions of this section, the director or

30-26  deputy director and the state treasurer may combine their facsimile

30-27  signatures as provided in NRS 226.080.

30-28  Sec. 62.  NRS 428.185 is hereby amended to read as follows:

30-29  428.185  1.  In addition to the taxes levied pursuant to NRS 428.050

30-30  and 428.285 and any tax levied pursuant to NRS 450.425, the board of

30-31  county commissioners of each county shall levy an ad valorem tax at a rate

30-32  which must be calculated by:

30-33  (a) First multiplying the tax rate of 1.5 cents on each $100 of assessed

30-34  valuation by the assessed valuation of all taxable property in this state,

30-35  including new real property, possessory interests and mobile homes, during

30-36  the next fiscal year.

30-37  (b) Then subtracting the amount of unencumbered money in the fund on

30-38  May 1 of the current fiscal year.

30-39  (c) Then setting the rate so that the revenue from the tax does not

30-40  exceed the amount resulting from the calculations made in paragraphs (a)

30-41  and (b).

30-42  2.  The tax so levied and its proceeds, must be excluded in computing

30-43  the maximum amount of money which the county is permitted to receive

30-44  from taxes ad valorem and the highest permissible rate of such taxes.

30-45  3.  The proceeds of this tax must be remitted in the manner provided

30-46  for in NRS 361.745 to the state [treasurer] controller for credit to the fund.

 

 

 

31-1    Sec. 63.  NRS 428.285 is hereby amended to read as follows:

31-2    428.285  1.  The board of county commissioners of each county shall

31-3  establish a tax rate of at least 6 cents on each $100 of assessed valuation

31-4  for the purposes of the tax imposed pursuant to subsection 2. A board of

31-5  county commissioners may increase the rate to not more than 10 cents on

31-6  each $100 of assessed valuation.

31-7    2.  In addition to the levies provided in NRS 428.050 and 428.185 and

31-8  any tax levied pursuant to NRS 450.425, the board of county

31-9  commissioners shall levy a tax ad valorem at a rate necessary to produce

31-10  revenue in an amount equal to an amount calculated by multiplying the

31-11  assessed valuation of all taxable property in the county by the tax rate

31-12  established pursuant to subsection 1, and subtracting from the product the

31-13  amount of unencumbered money remaining in the fund on May 1 of the

31-14  current fiscal year.

31-15  3.  For each fiscal year beginning on or after July 1, 1989, the board of

31-16  county commissioners of each county shall remit to the state [treasurer]

31-17  controller from the money in the fund an amount of money equivalent to 1

31-18  cent on each $100 of assessed valuation of all taxable property in the

31-19  county for credit to the supplemental fund.

31-20  4.  The tax so levied and its proceeds must be excluded in computing

31-21  the maximum amount of money which the county is permitted to receive

31-22  from taxes ad valorem and the highest permissible rate of such taxes.

31-23  Sec. 64.  NRS 440.605 is hereby amended to read as follows:

31-24  440.605  1.  For each divorce and annulment of marriage granted by

31-25  any court in this state a report must be prepared and filed by the clerk of

31-26  the district court with the state registrar. The information necessary to

31-27  prepare the report must be furnished, with the complaint in the action, to

31-28  the clerk of the district court by the complainant or his legal representative

31-29  on the form furnished by the state registrar.

31-30  2.  On the first business day of each month , the clerk of the district

31-31  court shall forward to the state registrar the report of each divorce and

31-32  annulment granted during the preceding calendar month.

31-33  3.  Every clerk of the district court shall collect, at the time the

31-34  complaint is filed in any action for divorce or annulment of marriage, a fee

31-35  of $10, which he shall forward to the state [treasurer] controller to be

31-36  deposited in the state general fund. This fee is in addition to the other costs

31-37  in the case.

31-38  Sec. 65.  NRS 533.290 is hereby amended to read as follows:

31-39  533.290  1.  The assessments and charges provided for in NRS

31-40  533.285, when collected, must be deposited with the state [treasurer,]

31-41  controller in the same manner as other special assessments, for credit to

31-42  the water district account which is hereby created in the state general fund.

31-43  2.  All bills against the water district account must be certified by the

31-44  state engineer or his assistant and, when certified and approved by the state

31-45  board of examiners, the state controller may draw his warrant therefor

31-46  against the account.

31-47  3.  An advance must not be made from a stream system account that

31-48  has been depleted until the advance is reimbursable from the proceeds of

32-1  any assessments levied against the particular stream system or water

32-2  district for which any claims are presented.

32-3    4.  Any money remaining in the water district account at the end of the

32-4  current year must remain in the account and be available for use in the

32-5  following year.

32-6    5.  The state controller shall keep separate accounts of the money for

32-7  each stream system or water district received from the various counties

32-8  within which the stream system or water district is located, and shall not

32-9  draw warrants against an account until he has been notified by the state

32-10  engineer that assessments have been filed with the board of county

32-11  commissioners, as required by NRS 533.285, that will return to the State of

32-12  Nevada money advanced by the state out of the water distribution

32-13  revolving account provided for in NRS 532.210.

32-14  Sec. 66.  NRS 598.0975 is hereby amended to read as follows:

32-15  598.0975  1.  Except as otherwise provided in subsection 1 of NRS

32-16  598.0999 and subsection [4,] 3, all fees, civil penalties and any other

32-17  money collected pursuant to the provisions of NRS 598.0903 to 598.0999,

32-18  inclusive:

32-19  (a) In an action brought by the attorney general, commissioner or

32-20  director, must be deposited in the state general fund and may only be used

32-21  to offset the costs of administering and enforcing the provisions of NRS

32-22  598.0903 to 598.0999, inclusive.

32-23  (b) In an action brought by the district attorney of a county, must be

32-24  deposited with the county treasurer of that county and accounted for

32-25  separately in the county general fund.

32-26  2.  Money in the account created pursuant to paragraph (b) of

32-27  subsection 1 must be used by the district attorney of the county for:

32-28  (a) The investigation and prosecution of deceptive trade practices

32-29  against elderly or disabled persons; and

32-30  (b) Programs for the education of consumers which are directed toward

32-31  elderly or disabled persons, law enforcement officers, members of the

32-32  judicial system, persons who provide social services and the general public.

32-33  3.  [At the end of each fiscal year, the state treasurer shall:

32-34  (a) Prepare a written report which specifies the total amount of money

32-35  deposited in the state general fund pursuant to paragraph (a) of subsection

32-36  1; and

32-37  (b) Submit the report to the director of the department of administration,

32-38  the attorney general and the consumer affairs division of the department of

32-39  business and industry.

32-40  4.] The provisions of this section do not apply to:

32-41  (a) Criminal fines imposed pursuant to NRS 598.0903 to 598.0999,

32-42  inclusive; or

32-43  (b) Restitution ordered pursuant to NRS 598.0903 to 598.0999,

32-44  inclusive, in an action brought by the attorney general. Money collected for

32-45  restitution ordered in such an action must be deposited [with the state

32-46  treasurer] by the attorney general and credited to the appropriate account

32-47  of the consumer affairs division of the department of business and industry

32-48  or the attorney general for distribution to the person for whom the

32-49  restitution was ordered.

33-1    Sec. 67.  NRS 599B.260 is hereby amended to read as follows:

33-2    599B.260  1.  Except as otherwise provided in subsection [3,] 2, all

33-3  fees, civil penalties and any other money collected pursuant to this chapter

33-4  in an action brought by the attorney general must be deposited in the state

33-5  general fund and may only be used to defray the costs of:

33-6    (a) Administering and enforcing the provisions of this chapter.

33-7    (b) Enforcing the provisions of chapter 598 of NRS as they relate to the

33-8  conduct of sellers and salesmen, whether or not the sellers and salesmen

33-9  are registered pursuant to this chapter.

33-10  2.  [At the end of each fiscal year, the state treasurer shall:

33-11  (a) Prepare a written report which specifies the total amount of money

33-12  deposited in the state general fund pursuant to subsection 1; and

33-13  (b) Submit the report to the director of the department of administration,

33-14  the attorney general and the division.

33-15  3.] The provisions of this section do not apply to:

33-16  (a) Criminal fines imposed pursuant to the provisions of this chapter; or

33-17  (b) Restitution ordered in an action brought by the attorney general

33-18  pursuant to the provisions of this chapter. Money collected for restitution

33-19  ordered in such an action must be deposited [with the state treasurer] by the

33-20  attorney general and credited to the appropriate account of the division or

33-21  the attorney general for distribution to the person for whom the restitution

33-22  was ordered.

33-23  Sec. 68.  NRS 663.085 is hereby amended to read as follows:

33-24  663.085  1.  If the rental due on a safe-deposit box has not been paid

33-25  for 90 days, the lessor may send a notice by registered or certified mail to

33-26  the last known address of the lessee stating that the safe-deposit box will be

33-27  opened and its contents stored at the expense of the lessee unless payment

33-28  of the rental is made within 30 days. If the rental is not paid within 30 days

33-29  [from] after the mailing of the notice, the box may be opened in the

33-30  presence of any officer of the lessor and a notary public. The contents must

33-31  be sealed in a package by the notary public, who shall write on the outside

33-32  the name of the lessee and the date of the opening of the box in the

33-33  presence of the officer. The notary public and the officer shall execute a

33-34  certificate reciting the name of the lessee, the date of the opening of the

33-35  box and a list of its contents. The certificate must be included in the

33-36  package , and a copy of the certificate must be sent by registered or

33-37  certified mail to the last known address of the lessee. If the contents of the

33-38  safe-deposit box have been unclaimed by the owner for 5 years or less, the

33-39  package must then be placed in the general vaults of the lessor at a rental

33-40  not exceeding the rental previously charged for the box, until such time

33-41  that the contents will have been unclaimed by the owner for more than 5

33-42  years, at which time the lessor shall deliver the package to the [division]

33-43  state treasurer in his capacity as the administrator of unclaimed property

33-44  [of the department of business and industry] pursuant to the provisions of

33-45  chapter 120A of NRS.

33-46  2.  If the contents of a safe-deposit box that has been opened pursuant

33-47  to subsection 1 have been unclaimed by the owner for more than 5 years,

33-48  the lessor shall deliver the package to the [division] state treasurer in his

34-1  capacity as the administrator of unclaimed property [of the department of

34-2  business and industry] pursuant to the provisions of chapter 120A of NRS.

34-3    Sec. 69.  NRS 673.373 is hereby amended to read as follows:

34-4    673.373  1.  If the rental due on a safe-deposit box has not been paid

34-5  for 90 days, the lessor may send a notice by registered or certified mail to

34-6  the last known address of the lessee stating that the safe-deposit box will be

34-7  opened and its contents stored at the expense of the lessee unless payment

34-8  of the rental is made within 30 days. If the rental is not paid within 30 days

34-9  [from] after the mailing of the notice, the box may be opened in the

34-10  presence of any officer of the lessor and a notary public. The contents must

34-11  be sealed in a package by the notary public, who shall write on the outside

34-12  the name of the lessee and the date of the opening of the box in the

34-13  presence of the officer. The notary public and the officer shall execute a

34-14  certificate reciting the name of the lessee, the date of the opening of the

34-15  box and a list of its contents. The certificate must be included in the

34-16  package , and a copy of the certificate must be sent by registered or

34-17  certified mail to the last known address of the lessee. If the contents of the

34-18  safe-deposit box have been unclaimed by the owner for 5 years or less, the

34-19  package must then be placed in the general vaults of the lessor at a rental

34-20  not exceeding the rental previously charged for the box, until such time

34-21  that the contents will have been unclaimed by the owner for more than 5

34-22  years, at which time the lessor shall deliver the package to the [division]

34-23  state treasurer in his capacity as the administrator of unclaimed property

34-24  [of the department of business and industry] pursuant to the provisions of

34-25  chapter 120A of NRS.

34-26  2.  If the contents of a safe-deposit box that has been opened pursuant

34-27  to subsection 1 have been unclaimed by the owner for more than 5 years,

34-28  the lessor shall deliver the package to the [division] state treasurer in his

34-29  capacity as the administrator of unclaimed property [of the department of

34-30  business and industry] pursuant to the provisions of chapter 120A of NRS.

34-31  Sec. 70.  NRS 706.8825 is hereby amended to read as follows:

34-32  706.8825  1.  All fees collected pursuant to NRS 706.881 to 706.885,

34-33  inclusive, must be deposited [with the state treasurer] by the administrator

34-34  to the credit of the taxicab authority fund, which is hereby created as a

34-35  special revenue fund. The transactions for each county subject to those

34-36  sections must be accounted for separately within the fund.

34-37  2.  The interest and income earned on the money in the fund, after

34-38  deducting any applicable charges, must be credited to the fund.

34-39  3.  The revenues received pursuant to subsection 1 of NRS 706.8826

34-40  are hereby appropriated to defray the cost of regulating taxicabs in the

34-41  county or the city, respectively, making the deposit under that subsection.

34-42  4.  The fees received pursuant to subsection 3 of NRS 706.8826, NRS

34-43  706.8827, 706.8841 and 706.8848 to 706.885, inclusive, are hereby

34-44  appropriated to defray the cost of regulating taxicabs in the county in

34-45  which the certificate holder operates a taxicab business.

34-46  5.  Any balance remaining in the fund does not revert to the state

34-47  general fund. The administrator may transfer to the aging services division

34-48  of the department of human resources any balance over $200,000 and any

34-49  interest earned on the fund, within the limits of legislative authorization for

35-1  each fiscal year, to subsidize transportation for the elderly and the

35-2  permanently handicapped in taxicabs. The money transferred to the aging

35-3  services division must be administered in accordance with regulations

35-4  adopted by the administrator of the aging services division pursuant to

35-5  NRS 427A.070.

35-6    6.  The administrator may establish an account for petty cash not to

35-7  exceed $1,000 for the support of undercover investigation and, if the

35-8  account is created, the administrator shall reimburse the account from the

35-9  taxicab authority fund in the same manner as other claims against the state

35-10  are paid.

35-11  Sec. 71.  NRS 706.8826 is hereby amended to read as follows:

35-12  706.8826  1.  The board of county commissioners of any county in

35-13  which there is in effect an order for the allocation of taxicabs from a

35-14  taxicab authority, and the governing body of each city within any such

35-15  county, shall deposit [with the state treasurer] to the credit of the taxicab

35-16  authority fund all of the tax revenue which is received from the taxicab

35-17  business operating in the county and city, respectively.

35-18  2.  For the purpose of calculating the amount due to the state under

35-19  subsection 1, the tax revenue of a county does not include any amount

35-20  which represents a payment for the use of county facilities or property.

35-21  3.  Any certificate holder who is subject to an order of allocation by the

35-22  taxicab authority shall pay to the taxicab authority $100 per year for each

35-23  taxicab that the taxicab authority has allocated to the certificate holder and

35-24  a fee set by the taxicab authority that must not exceed 15 cents per trip for

35-25  each compensable trip of each of those taxicabs, which may be added to

35-26  the meter charge. The money so received by the taxicab authority must be

35-27  [paid to the state treasurer for deposit] deposited in the state treasury to the

35-28  credit of the taxicab authority fund.

35-29  Sec. 72.  1.  NRS 120A.050 is hereby repealed.

35-30  2.  NRS 226.100 is hereby repealed.

35-31  Sec. 73.  1.  This section, sections 3, 4, 8, 9, 14 to 48, inclusive, 68,

35-32  69 and 74 of this act and subsection 1 of section 72 of this act become

35-33  effective upon passage and approval.

35-34  2.  Sections 1, 2, 5, 6, 7, 10 to 13, inclusive, 49 to 67, inclusive, 70 and

35-35  71 of this act and subsection 2 of section 72 of this act become effective on

35-36  July 1, 2001.

35-37  Sec. 74.  The legislative counsel shall:

35-38  1.  In preparing the reprint and supplements to the Nevada Revised

35-39  Statutes, appropriately change any references to an officer or agency whose

35-40  responsibilities are transferred pursuant to the provisions of this act to refer

35-41  to the appropriate officer or agency.

35-42  2.  In preparing supplements to the Nevada Administrative Code,

35-43  appropriately change any references to an officer or agency whose

35-44  responsibilities are transferred pursuant to the provisions of this act to refer

35-45  to the appropriate officer or agency.

 

36-1  TEXT OF REPEALED SECTIONS

 

36-2    120A.050  “Division” defined.  “Division” means the division of

36-3   unclaimed property in the department of business and industry.

36-4    226.100  Appointment of chief deputy and deputies; restrictions on

36-5   other employment of chief deputy.

36-6    1.  The state treasurer may appoint and employ a chief deputy, a deputy

36-7   of debt management, a deputy of investments, a deputy of cash

36-8   management, a deputy administrator of unclaimed property and an

36-9   assistant to the state treasurer in the unclassified service of the state.

36-10  2.  Except as otherwise provided in NRS 284.143, the chief deputy

36-11   state treasurer shall devote his entire time and attention to the business of

36-12   his office and shall not pursue any other business or occupation or hold

36-13   any other office of profit.

 

36-14  H