exempt

                                                  (Reprinted with amendments adopted on May 30, 2003)

 

Assembly Bill No. 549–Committee on Ways and Means

 

May 19, 2003

____________

 

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.

 

~

 

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 described

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

2-3  453 of NRS.

2-4  (c) Money derived from the forfeiture of any property described

2-5  in NRS 501.3857 must be used to enforce the provisions of title 45

2-6  of NRS.

2-7  (d) 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.  Notwithstanding the provisions of paragraphs (a) and (b)

2-16  of subsection 2, money in the account derived from the forfeiture

2-17  of any property described in NRS 453.301 may be used to pay for

2-18  the operating expenses of a joint task force on narcotics otherwise

2-19  funded by a federal, state or private grant or donation. As used in

2-20  this subsection, “joint task force on narcotics” means a task force

2-21  on narcotics operated by the Department of Public Safety in

2-22  conjunction with other local or federal law enforcement agencies.

2-23      4.  A school district that receives money pursuant to paragraph

2-24  (d) of subsection 2 shall deposit such money into a separate account.

2-25  The interest and income earned on the money in the account, after

2-26  deducting any applicable charges, must be credited to the account.

2-27  The money in the account must be used to purchase books and

2-28  computer hardware and software for the use of the students in that

2-29  school district.

2-30      [4.] 5. The chief administrative officer of a law enforcement

2-31  agency that distributes money to a school district pursuant to

2-32  paragraph (d) of subsection 2 shall submit a report to the Director of

2-33  the Legislative Counsel Bureau before January 1 of each odd-

2-34  numbered year. The report must contain the amount of money

2-35  distributed to each school district pursuant to paragraph (d) of

2-36  subsection 2 in the preceding biennium.

2-37      Sec. 2.  NRS 179.119 is hereby amended to read as follows:

2-38      179.119  1.  Any law enforcement agency that receives

2-39  forfeited property or the proceeds of a sale of such property pursuant

2-40  to the provisions contained in NRS 179.1156 to 179.119, inclusive,

2-41  shall:

2-42      (a) File a quarterly report of the approximate value of the

2-43  property and the amount of the proceeds with the entity that controls

2-44  the budget of the agency; and

3-1  (b) Provide the entity that controls the budget of the agency with

3-2  a quarterly accounting of the receipt and use of the proceeds.

3-3  2.  Revenue from forfeitures must not be considered in the

3-4  preparation [or adoption] of the budget of a law enforcement agency

3-5  except as money to match money from the Federal Government.

3-6  Sec. 3.  This act becomes effective upon passage and approval.

 

3-7  H