Assembly Bill No. 549–Committee on Ways and Means

 

May 19, 2003

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Referred to Committee on Ways and Means

 

SUMMARY—Revises provisions relating to uses of forfeited property or proceeds of forfeited property. (BDR 14‑1354)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

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

 

AN ACT relating to forfeitures; revising the provisions relating to the uses of forfeited property or the proceeds of forfeited property; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1. NRS 179.1187 is hereby amended to read as

1-2  follows:

1-3  179.1187  1.  The governing body controlling each law

1-4  enforcement agency that receives proceeds from the sale of forfeited

1-5  property shall establish with the State Treasurer, county treasurer,

1-6  city treasurer or town treasurer, as custodian, a special account,

1-7  known as the “................. Forfeiture Account.” The account is a

1-8  separate and continuing account and no money in it reverts to the

1-9  State General Fund or the general fund of the county, city or town at

1-10  any time. For the purposes of this section, the governing body

1-11  controlling a metropolitan police department is the Metropolitan

1-12  Police Committee on Fiscal Affairs.

1-13      2.  The money in the account may be used for any lawful

1-14  purpose deemed appropriate by the chief administrative officer of

1-15  the law enforcement agency, except that:

1-16      (a) [The money must not be used to pay the ordinary operating

1-17  expenses of the agency.

2-1  (b)] Money derived from the forfeiture of any property

2-2  described in NRS 453.301 must be used to enforce the provisions of

2-3  chapter 453 of NRS.

2-4  [(c)] (b) Money derived from the forfeiture of any property

2-5  described in NRS 501.3857 must be used to enforce the provisions

2-6  of title 45 of NRS.

2-7  [(d)] (c) Seventy percent of the amount of money in excess of

2-8  $100,000 remaining in the account at the end of each fiscal year, as

2-9  determined based upon the accounting standards of the governing

2-10  body controlling the law enforcement agency that are in place on

2-11  March 1, 2001, must be distributed to the school district in the

2-12  judicial district. If the judicial district serves more than one county,

2-13  the money must be distributed to the school district in the county

2-14  from which the property was seized.

2-15      3.  A school district that receives money pursuant to paragraph

2-16  [(d)] (c) of subsection 2 shall deposit such money into a separate

2-17  account. The interest and income earned on the money in the

2-18  account, after deducting any applicable charges, must be credited to

2-19  the account. The money in the account must be used to purchase

2-20  books and computer hardware and software for the use of the

2-21  students in that school district.

2-22      4.  The chief administrative officer of a law enforcement

2-23  agency that distributes money to a school district pursuant to

2-24  paragraph [(d)] (c) of subsection 2 shall submit a report to the

2-25  Director of the Legislative Counsel Bureau before January 1 of each

2-26  odd-numbered year. The report must contain the amount of money

2-27  distributed to each school district pursuant to paragraph [(d)] (c) of

2-28  subsection 2 in the preceding biennium.

2-29      Sec. 2.  NRS 179.119 is hereby amended to read as follows:

2-30      179.119  1.  Any law enforcement agency that receives

2-31  forfeited property or the proceeds of a sale of such property pursuant

2-32  to the provisions contained in NRS 179.1156 to 179.119, inclusive,

2-33  shall:

2-34      (a) File a quarterly report of the approximate value of the

2-35  property and the amount of the proceeds with the entity that controls

2-36  the budget of the agency; and

2-37      (b) Provide the entity that controls the budget of the agency with

2-38  a quarterly accounting of the receipt and use of the proceeds.

2-39      2.  Revenue from forfeitures must not be considered in the

2-40  preparation [or adoption] of the budget of a law enforcement agency

2-41  except as money to match money from the Federal Government.

2-42      Sec. 3.  This act becomes effective upon passage and approval.

 

2-43  H