Senate Bill No. 496--Committee on Judiciary CHAPTER........ AN ACT relating to Nevada Revised Statutes; making technical corrections to inappropriate or inaccurate provisions; clarifying ambiguous provisions; deleting obsolete provisions; and providing other matters properly relating thereto. THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 0.040 is hereby amended to read as follows: 0.040 1. Except as otherwise provided in subsection 2, "physician" means a person who engages in the practice of medicine, including osteopathy and homeopathy. 2. The terms "physician," "osteopathic physician," "homeopathic [physician" and] \physician,"\\ "chiropractic physician" \and "podiatric physician"\\ are used in chapters 630, 630A, 633 \,\\ [and] 634 \and 635\\ of NRS in the limited senses prescribed by those chapters respectively. Sec. 2. NRS 21.075 is hereby amended to read as follows: 21.075 1. Execution on the writ of execution by levying on the property of the judgment debtor may occur only if the sheriff serves the judgment debtor with a notice of the writ of execution pursuant to NRS 21.076 and a copy of the writ. The notice must describe the types of property exempt from execution and explain the procedure for claiming those exemptions in the manner required in subsection 2. The clerk of the court shall attach the notice to the writ of execution at the time the writ is issued. 2. The notice required pursuant to subsection 1 must be substantially in the following form: NOTICE OF EXECUTION YOUR PROPERTY IS BEING ATTACHED OR YOUR WAGES ARE BEING GARNISHED A court has determined that you owe money to ....................(name of person), the judgment creditor. He has begun the procedure to collect that money by garnishing your wages, bank account and other personal property held by third persons or by taking money or other property in your possession. Certain benefits and property owned by you may be exempt from execution and may not be taken from you. The following is a partial list of exemptions: 1. Payments received under the Social Security Act. 2. Payments for benefits or the return of contributions under the public employees' retirement system. 3. Payments for public assistance granted through the welfare division of the department of human resources. 4. Proceeds from a policy of life insurance. 5. Payments of benefits under a program of industrial insurance. 6. Payments received as unemployment compensation. 7. Veteran's benefits. 8. A homestead in a dwelling or a mobile home, not to exceed $125,000, unless the judgment is for a medical bill, in which case all of the primary dwelling, including a mobile or manufactured home, may be exempt. 9. A vehicle, if your equity in the vehicle is less than $1,500. 10. Seventy-five percent of the take home pay for any pay period, unless the weekly take home pay is less than 30 times the federal minimum wage, in which case the entire amount may be exempt. 11. Money, not to exceed $100,000 in present value, held for retirement pursuant to certain arrangements or plans meeting the requirements for qualified arrangements or plans of sections 401 et seq. of the Internal Revenue Code (26 U.S.C. §§ 401 et seq.). 12. \All money and other benefits paid pursuant to the order of a court of competent jurisdiction for the support, education and maintenance of a child, whether collected by the judgment debtor or the state. 13. All money and other benefits paid pursuant to the order of a court of competent jurisdiction for the support and maintenance of a former spouse, including the amount of any arrearages in the payment of such support and maintenance to which the former spouse may be entitled. 14. \\A vehicle for use by you or your dependent which is specially equipped or modified to provide mobility for a person with a permanent disability. [13.] \15.\\ A prosthesis or any equipment prescribed by a physician or dentist for you or your dependent. These exemptions may not apply in certain cases such as a proceeding to enforce a judgment for support of a person or a judgment of foreclosure on a mechanic's lien. You should consult an attorney immediately to assist you in determining whether your property or money is exempt from execution. If you cannot afford an attorney, you may be eligible for assistance through ....................(name of organization in county providing legal services to indigent or elderly persons). PROCEDURE FOR CLAIMING EXEMPT PROPERTY If you believe that the money or property taken from you is exempt, you must complete and file with the clerk of the court a notarized affidavit claiming the exemption. A copy of the affidavit must be served upon the sheriff and the judgment creditor within 8 days after the notice of execution is mailed. The property must be returned to you within 5 days after you file the affidavit unless you or the judgment creditor files a motion for a hearing to determine the issue of exemption. If this happens, a hearing will be held to determine whether the property or money is exempt. The motion for the hearing to determine the issue of exemption must be filed within 10 days after the affidavit claiming exemption is filed. The hearing to determine whether the property or money is exempt must be held within 10 days after the motion for the hearing is filed. IF YOU DO NOT FILE THE AFFIDAVIT WITHIN THE TIME SPECIFIED, YOUR PROPERTY MAY BE SOLD AND THE MONEY GIVEN TO THE JUDGMENT CREDITOR, EVEN IF THE PROPERTY OR MONEY IS EXEMPT. Sec. 3. NRS 41.035 is hereby amended to read as follows: 41.035 1. An award for damages in an action sounding in tort brought under NRS 41.031 or against a present or former officer or employee of the state or any political subdivision, immune contractor or state legislator arising out of an act or omission within the scope of his public duties or employment may not exceed the sum of $50,000, exclusive of interest computed from the date of judgment, to or for the benefit of any claimant. An award may not include any amount as exemplary or punitive damages. 2. The limitations of subsection 1 upon the amount and nature of damages which may be awarded apply also to any action sounding in tort and arising from any recreational activity or recreational use of land or water which is brought against: (a) Any public or quasi-municipal corporation organized under the laws of this state. (b) Any person with respect to any land or water leased or otherwise made available by that person to any public agency. (c) Any Indian tribe, band or community whether or not a fee is charged for such activity or use. The provisions of this paragraph do not impair or modify any immunity from liability or action existing on February 26, 1968, or arising after February 26, 1968, in favor of any Indian tribe, band or community. The legislature declares that the purpose of this subsection is to effectuate the public policy of the State of Nevada by encouraging the recreational use of land, lakes, reservoirs and other [waters] \water\\ owned or controlled by any public or quasi-municipal agency or corporation of this state, wherever such land or water may be situated. [3. The limitations of subsection 1 upon the amount and nature of damages which may be awarded apply also to any action sounding in tort arising out of any act or omission within the scope of the public duties or employment of any present or former officer or employee of the state or of any political subdivision, immune contractor or state legislator.] Sec. 4. NRS 104.3101 is hereby amended to read as follows: 104.3101 This article may be cited as Uniform Commercial [Code--Commercial Paper.] \Code--Negotiable Instruments.\\ Sec. 5. NRS 104.8102 is hereby amended to read as follows: 104.8102 1. In this article unless the context otherwise requires: (a) A "certificated security" is a share, participation or other interest in property of or an enterprise of the issuer or an obligation of the issuer which is: (1) Represented by an instrument issued in bearer or registered form; (2) Of a type commonly dealt in on securities exchanges or markets or commonly recognized in any area in which it is issued or dealt in as a medium for investment; and (3) Either one of a class or series or by its terms divisible into a class or series of shares, participations, interests or obligations. (b) An "uncertificated security" is a share, participation or other interest in property or an enterprise of the issuer or an obligation of the issuer which is: (1) Not represented by an instrument and the transfer of which is registered upon books maintained for that purpose by or on behalf of the issuer; (2) Of a type commonly dealt in on securities exchanges or markets; and (3) Either one of a class or series or by its terms divisible into a class or series of shares, participations, interests or obligations. (c) A "security" is either a certificated or an uncertificated security. If a security is certificated, the terms "security" and "certificated security" may mean either the intangible interest, the instrument representing that interest, or both, as the context requires. A writing that is a certificated security is governed by this article and not by Uniform Commercial [Code--Commercial Paper,] \Code--Negotiable Instruments,\\ even though it also meets the requirements of that article. This article does not apply to money. If a certificated security has been retained by or surrendered to the issuer or its transfer agent for reasons other than registration of transfer, other temporary purpose, payment, exchange, or acquisition by the issuer, that security [shall] \must\\ be treated as an uncertificated security for purposes of this article. (d) A certificated security is in "registered form" if: (1) It specifies a person entitled to the security or the rights it represents; and (2) Its transfer may be registered upon books maintained for that purpose by or on behalf of the issuer, or the security so states. (e) A certificated security is in "bearer form" if it runs to \the\\ bearer according to its terms and not by reason of any endorsement. 2. A "subsequent purchaser" is a person who takes other than by original issue. 3. A "clearing corporation" is a corporation registered as a "clearing agency" under the federal securities laws or a corporation: (a) At least 90 percent of whose capital stock is held by or for one or more organizations, none of which, other than a national securities exchange or association, holds in excess of 20 percent of the capital stock of the corporation, and each of which is: (1) Subject to supervision or regulation pursuant to the provisions of federal or state banking laws or state insurance laws; (2) A broker or dealer or investment company registered under the federal securities laws; or (3) A national securities exchange or association registered under the federal securities laws; and (b) Any remaining capital stock of which is held by individuals who have purchased it at or [prior to] \before\\ the time of their taking office as directors of the corporation and who have purchased only so much of the capital stock as is necessary to permit them to qualify as directors. 4. A "custodian bank" is a bank or trust company that is supervised and examined by state or federal authority having supervision over banks and is acting as custodian for a clearing corporation. 5. Other definitions applying to this article or to specified parts thereof and the sections in which they appear are: "Adverse claim." NRS 104.8302. "Bona fide purchaser." NRS 104.8302. "Broker." NRS 104.8303. "Debtor." NRS 104.9105. "Financial intermediary." NRS 104.8313. "Guarantee of the signature." NRS 104.8402. "Initial transaction statement." NRS 104.8408. "Instruction." NRS 104.8308. "Intermediary bank." NRS 104.4105. "Issuer." NRS 104.8201. "Overissue." NRS 104.8104. "Secured party." NRS 104.9105. "Security agreement." NRS 104.9105. 6. In addition article 1 contains general definitions and principles of construction and interpretation applicable throughout this article. Sec. 6. NRS 104.9206 is hereby amended to read as follows: 104.9206 1. Subject to any statute or decision which establishes a different rule for buyers or lessees of consumer goods, an agreement by a buyer or lessee that he will not assert against an assignee any claim or defense which he may have against the seller or lessor is enforceable by an assignee who takes his assignment for value, in good faith and without notice of a claim or defense, except as to defenses of a type which may be asserted against a holder in due course of a negotiable instrument under the article on [commercial paper] \negotiable instruments\\ (article 3). A buyer who as part of one transaction signs both a negotiable instrument and a security agreement makes such an agreement. 2. When a seller retains a purchase money security interest in goods the article on sales (article 2) governs the sale and any disclaimer, limitation or modification of the seller's warranties. Sec. 7. NRS 126.045 is hereby amended to read as follows: 126.045 1. Two [or more] persons whose marriage is valid under chapter 122 of NRS may enter into a contract with a surrogate for assisted conception. Any such contract must contain provisions which specify the respective rights of each party, including: (a) Parentage of the child; (b) Custody of the child in the event of a change of circumstances; and (c) The respective responsibilities and liabilities of the contracting parties. 2. A person identified as an intended parent in a contract described in subsection 1 must be treated in law as a natural parent under all circumstances. 3. It is unlawful to pay or offer to pay money or anything of value to the surrogate except for the medical and necessary living expenses related to the birth of the child as specified in the contract. 4. As used in this section, unless the context otherwise requires: (a) "Assisted conception" means a pregnancy resulting when an egg and sperm from the intended parents are placed in a surrogate through the intervention of medical technology. (b) "Intended parents" means a man and woman, married to each other, who enter into an agreement providing that they will be the parents of a child born to a surrogate through assisted conception. (c) "Surrogate" means an adult woman who enters into an agreement to bear a child conceived through assisted conception for the intended parents. Sec. 8. NRS 129.020 is hereby amended to read as follows: 129.020 1. The disability of minority of any person otherwise eligible for guaranty or insurance of a loan pursuant to the Servicemen's Readjustment Act of 1944, as amended [,] (38 U.S.C. §§ [694,] \3701\\ et seq.) \,\\ and of the minor spouse of any eligible veteran, irrespective of his or her age, in connection with any transaction entered into pursuant to that act, as amended, is hereby removed for all purposes in connection with such transactions, including, but not limited to, incurring of indebtedness or obligations, [and] acquiring, encumbering, selling, releasing or conveying property or any interest therein, and litigating or settling controversies arising therefrom, if all or part of any obligations incident to such transaction [be] \are\\ guaranteed or insured by the [Administrator of Veterans'] \Secretary of Veterans\\ Affairs pursuant to such act. 2. This section [shall] \must\\ not be construed to impose any other or greater rights or liabilities than would exist if such person and such spouse were under no such disability. Sec. 9. NRS 159.044 is hereby amended to read as follows: 159.044 1. Except as otherwise provided in NRS 127.045, a proposed ward, a governmental agency, a nonprofit corporation or any concerned person may petition the court for the appointment of a guardian. 2. The petition must state: (a) The name and address of the petitioner. (b) The name, age and address of the proposed ward. (c) Whether the proposed ward is a resident or nonresident of this state. (d) The names and addresses, so far as they are known to the petitioner, of the relatives of the proposed ward within the second degree. (e) The name and address of the proposed guardian. (f) A summary of the reasons why a guardian is needed. (g) Whether the appointment of a general or a special guardian is sought. (h) A general description and the probable value of the property of the proposed ward and any income to which he is entitled, if the petition is for the appointment of a guardian of the estate or a special guardian. If any money is paid or is payable to the proposed ward by the United States through the [Veterans' Administration,] \Department of Veterans Affairs,\\ the petition must so state. (i) The name and address of any person or institution having the care, custody or control of the proposed ward. (j) The relationship, if any, of the petitioner to the proposed ward and the interest, if any, of the petitioner in the appointment. (k) Requests for any of the specific powers set forth in NRS 159.117 to 159.175, inclusive, necessary to enable the guardian to carry out the duties of the guardianship. Sec. 10. NRS 159.0475 is hereby amended to read as follows: 159.0475 1. A copy of the citation must be served by certified mail, with a return receipt requested, on each person required to be served in subsection 2 of NRS 159.047 at least 20 days before the hearing. 2. If none of the persons on whom the citation is to be served can, after due diligence, be served by certified mail and this fact is proven, by affidavit, to the satisfaction of the court, service of the citation must be made in the manner provided by N.R.C.P. 4(e). In all such cases, the citation must be published at least 20 days before the date set for the hearing. 3. A citation need not be served on a person or an officer of an institution who has signed the petition or a written waiver of service of citation or who makes a general appearance. 4. If the proposed ward is receiving money paid or payable by the United States through the [Veterans' Administration,] \Department of Veterans Affairs,\\ a copy of the citation must be mailed to any [Veterans' Administration] office \of the Department of Veterans Affairs\\ in this state. 5. Notice shall be deemed sufficient if each person who is required to be served is mailed a copy of the citation at his last known address by means of certified mail with return receipt requested, and either a postal receipt has been returned evidencing delivery or the letter has been returned marked undelivered, but if none of the family members to whom notices have been mailed have been served, as evidenced by the return letters, notice shall be deemed to be sufficient only upon proof of publication of the citation. Sec. 11. NRS 159.115 is hereby amended to read as follows: 159.115 1. Upon the filing of any petition under NRS 159.113, or any account, notice must be given in accordance with NRS 155.010 to 155.090, inclusive. The notice must: (a) Give the name of the ward. (b) Give the name of the petitioner. (c) Give the date, time and place of the hearing. (d) State the nature of the petition. (e) Refer to the petition for further particulars, and notify all persons interested to appear at the time and place mentioned in the notice and show cause why the order should not be made. 2. At least 10 days before the day of the hearing, the petitioner shall cause a copy of the notice to be mailed to the following: (a) Any minor ward over the age of 14 years. (b) The heirs at law and next of kin, so far as known to the petitioner, of the ward. (c) The guardian of the person of the ward, if he is not the petitioner. (d) Any person or institution having the care, custody or control of the ward. (e) Any [Veterans' Administration] office \of the Department of Veterans Affairs\\ in this state if the ward is receiving any payments or benefits through the [Veterans' Administration.] \Department of Veterans Affairs.\\ (f) Any other interested person or his attorney who has filed a request for notice in the guardianship proceeding and served a copy of the request upon the guardian. The request for notice must state the interest of the person filing the request, and his name and address, or that of his attorney. If the notice so requests, copies of all petitions and accounts must be mailed to that person or his attorney. Sec. 12. NRS 160.020 is hereby amended to read as follows: 160.020 As used in this chapter: 1. ["Administrator" means the Administrator of Veterans' Affairs of the United States or his successor. 2.] "Benefits" means all money payable by the United States through the [Veterans' Administration. 3.] \Department of Veterans Affairs. 2. "Department of Veterans Affairs" means the Department of Veterans Affairs, its predecessors or successors. 3. \\"Estate" and "income" include only money received by the guardian from the [Veterans' Administration] \Department of Veterans Affairs\\ and all earnings, interest and profits derived therefrom. 4. "Guardian" means any person acting as a fiduciary for a ward. 5. ["Veterans' Administration" means the Veterans' Administration, its predecessors or successors.] \"Secretary" means the Secretary of Veterans Affairs of the United States or his successor.\\ 6. "Ward" means a beneficiary of the [Veterans' Administration.] \Department of Veterans Affairs.\\ Sec. 13. NRS 160.030 is hereby amended to read as follows: 160.030 Whenever, pursuant to any law of the United States or regulation of the [Veterans' Administration, the Administrator requires, prior to] \Department of Veterans Affairs, the Secretary requires the appointment of a guardian for a ward before the\\ payment of benefits, [that a guardian be appointed for a ward, such appointment shall] \the appointment must\\ be made in the manner provided in this chapter. Sec. 14. NRS 160.040 is hereby amended to read as follows: 160.040 1. Except as [hereinafter] \otherwise\\ provided \in this section,\\ it is unlawful for any person to accept appointment as guardian of any ward if such proposed guardian [shall] \is\\ at that time [be] acting as guardian for five wards. In any case, upon presentation of a petition by an attorney of the [Veterans' Administration] \Department of Veterans Affairs\\ under this section alleging that a guardian is acting in a fiduciary capacity for more than five wards and requesting his discharge for that reason, the court, upon proof substantiating the petition, shall require a final accounting [forthwith] from such guardian and shall discharge such guardian in the case. 2. The limitations of this section do not apply where the guardian is a bank or trust company acting for the wards' estates only. 3. An individual may be guardian of more than five wards if they are all members of the same family. 4. The limitations of this section do not apply to the Nevada commissioner for veteran affairs or to a public guardian. Sec. 15. NRS 160.050 is hereby amended to read as follows: 160.050 1. A petition for the appointment of a guardian may be filed in any court of competent jurisdiction by or on behalf of any person who under existing law is entitled to priority of appointment. If there [be] \is\\ no person so entitled or if the person so entitled [shall neglect or refuse] \neglects or refuses\\ to file such a petition within 30 days after \the\\ mailing of notice by the [Veterans' Administration] \Department of Veterans Affairs\\ to the last known address of such person indicating the necessity for the same, a petition for such appointment may be filed in any court of competent jurisdiction by or on behalf of any responsible person residing in this state. 2. The petition for appointment [shall] \must\\ set forth the name, age [,] \and\\ place of residence of the ward, the names and places of residence of the nearest relatives, if known, and the fact that [such] \the\\ ward is entitled to receive [moneys] \money\\ payable by or through the [Veterans' Administration, and shall] \Department of Veterans Affairs, and must\\ set forth the amount of [moneys] \money\\ then due and the amount of probable future payments. 3. The petition [shall] \must\\ also set forth the name and address of the person or institution, if any, having actual custody of the ward. 4. In case of a mentally incompetent ward the petition [shall] \must\\ show that such ward has been rated incompetent on examination by the [Veterans' Administration] \Department of Veterans Affairs\\ in accordance with the laws and regulations governing the [Veterans' Administration.] \Department of Veterans Affairs.\\ Sec. 16. NRS 160.060 is hereby amended to read as follows: 160.060 [Where] \If\\ a petition is filed for the appointment of a guardian of a minor ward, a certificate of the [Administrator] \Secretary\\ or his representative, setting forth the age of such minor as shown by the records of the [Veterans' Administration] \Department of Veterans Affairs\\ and the fact that the appointment of a guardian is a condition precedent to the payment of any [moneys] \money\\ due the minor by the [Veterans' Administration shall be] \Department of Veterans Affairs, constitutes\\ prima facie evidence of the necessity for such appointment. Sec. 17. NRS 160.070 is hereby amended to read as follows: 160.070 [Where] \If\\ a petition is filed for the appointment of a guardian of a mentally incompetent ward, a certificate of the [Administrator] \Secretary\\ or his representative, setting forth the fact that such person has been rated incompetent by the [Veterans' Administration] \Department of Veterans Affairs\\ on examination in accordance with the laws and regulations governing the [Veterans' Administration] \Department of Veterans Affairs\\ and that the appointment of a guardian is a condition precedent to the payment of any [moneys] \money\\ due such person by the [Veterans' Administration, shall be] \Department of Veterans Affairs, constitutes\\ prima facie evidence of the necessity for such appointment. Sec. 18. NRS 160.100 is hereby amended to read as follows: 160.100 1. Every guardian [, who shall receive] \who receives\\ on account of his ward any [moneys] \money\\ from the [Veterans' Administration,] \Department of Veterans Affairs\\ shall file with the court annually, on the anniversary date of the appointment, in addition to such other accounts as may be required by the court, a full, true and accurate account under oath of all [moneys] \money\\ so received by him [,] \and\\ of all disbursements thereof, and showing the balance thereof in his hands at the date of such account and how invested. 2. A certified copy of each of such accounts filed with the court [shall] \must\\ be sent by the guardian to the office of the [Veterans' Administration] \Department of Veterans Affairs\\ having jurisdiction over the area in which the court is located. The court shall fix a time and place for the hearing on such account not less than 15 days or more than 30 days [from] \after\\ the date of filing [same] \the account,\\ and notice thereof [shall] \must\\ be given by the court to the [Veterans' Administration office] concerned \office of the Department of Veterans Affairs\\ not less than 15 days [prior to] \before\\ the date fixed for the hearing. 3. Notice of such hearing [shall] \must\\ in like manner be given to the guardian. Sec. 19. NRS 160.110 is hereby amended to read as follows: 160.110 If any guardian [shall fail] \fails\\ to file any account of the [moneys] \money\\ received by him from the [Veterans' Administration] \Department of Veterans Affairs\\ on account of his ward within 30 days after such account is required by either the court or the [Veterans' Administration, or shall fail] \Department of Veterans Affairs, or fails\\ to furnish the [Veterans' Administration] \Department of Veterans Affairs with\\ a copy of his accounts as required by this chapter, such failure [shall be] \constitutes\\ grounds for removal. Sec. 20. NRS 160.120 is hereby amended to read as follows: 160.120 Compensation payable to a guardian [shall] \must\\ not exceed 5 percent of the income of the ward during any year. In the event of extraordinary services rendered by any guardian \,\\ the court may, upon petition and after hearing thereon, authorize additional compensation therefor payable from the estate of the ward. Notice of such petition and hearing [shall] \must\\ be given \to\\ the proper office of the [Veterans' Administration] \Department of Veterans Affairs\\ in the manner provided in NRS 160.100. No compensation [shall] \may\\ be allowed on the corpus of an estate received from a preceding guardian. The guardian may be allowed from the estate of his ward reasonable premiums paid by him to any corporate surety upon his bond. Sec. 21. NRS 160.140 is hereby amended to read as follows: 160.140 A guardian shall not apply any portion of the estate of his ward for the support and maintenance of any person other than his ward, except upon order of the court after a hearing, notice of which has been given \to\\ the proper office of the [Veterans' Administration] \Department of Veterans Affairs\\ in the manner provided in NRS 160.100. Sec. 22. NRS 160.150 is hereby amended to read as follows: 160.150 When a copy of any public record is required by the [Veterans' Administration] \Department of Veterans Affairs\\ to be used in determining the eligibility of any person to participate in benefits made available by the [Veterans' Administration,] \Department of Veterans Affairs,\\ the official charged with the custody of such public record shall without charge provide the applicant for such benefits or any person acting on his behalf or the representative of the [Veterans' Administration] \Department of Veterans Affairs\\ with a certified copy of such record. Sec. 23. NRS 160.160 is hereby amended to read as follows: 160.160 1. In any proceeding under the laws of this state for involuntary court-ordered admission of a person alleged to be mentally ill or otherwise in need of confinement in a hospital or other institution for his care, the court may order the admission of that person to the [Veterans' Administration or other] \Department of Veterans Affairs or another\\ agency of the Federal Government, whenever: (a) It is determined, after such adjudication of the status of that person as may be required by chapter 433A of NRS, that involuntary court-ordered admission to a hospital for mental disease or [other] \another\\ institution is necessary for safekeeping or treatment; and (b) It appears that he is eligible for care or treatment by the [Veterans' Administration] \Department of Veterans Affairs\\ or any other agency that has facilities available and that he is eligible for care or treatment therein. 2. The person whose involuntary court-ordered admission is sought must be personally served with notice of the pending proceeding in the manner provided by chapter 433A of NRS. [Nothing in this chapter affects] \This chapter does not affect\\ that person's right to appear and be heard in the proceedings. Sec. 24. NRS 160.161 is hereby amended to read as follows: 160.161 1. Upon commitment, [such person shall be] \a person is\\ subject to the rules and regulations of the [Veterans' Administration] \Department of Veterans Affairs\\ or other agency when admitted to any facility operated by any such agency within or without this state. 2. The chief officer of any facility of the [Veterans' Administration] \Department of Veterans Affairs\\ or institution operated by any other agency of the United States to which the person is so committed [shall,] \is,\\ with respect to such person, [be] vested with the same powers as the institute director and the medical director of the Nevada mental health institute with respect to retention of custody, transfer, parole or discharge. 3. The committing court shall retain jurisdiction: (a) To inquire, at any time, into the mental condition of persons so committed. (b) To determine the necessity for \the\\ continuance of his restraint. Sec. 25. NRS 160.162 is hereby amended to read as follows: 160.162 1. Upon receipt of a certificate of the [Veterans' Administration or such other] \Department of Veterans Affairs or another\\ agency of the United States that facilities are available for the care or treatment of any person [heretofore] \previously\\ committed to the Nevada mental health institute and that such person is eligible for care or treatment, the institute director of the Nevada mental health institute may cause the transfer of such person to the [Veterans' Administration] \Department of Veterans Affairs\\ or other agency of the United States for care or treatment. 2. The committing court [shall] \must\\ be notified by the institute director of the Nevada mental health institute upon effecting such transfer. 3. No person [shall] \may\\ be transferred to the [Veterans' Administration] \Department of Veterans Affairs\\ or \such\\ other agency of the United States if he [be] \is\\ confined pursuant to \a\\ conviction of a felony or misdemeanor or if he has been acquitted of the charge solely on the ground of insanity, unless [prior to] \before the\\ transfer the court originally committing such person [shall enter] \enters\\ an order for [such] \the\\ transfer after appropriate motion and hearing. 4. Any person transferred as provided in this section shall be deemed to be committed to the [Veterans' Administration] \Department of Veterans Affairs\\ or other agency of the United States pursuant to the original commitment. Sec. 26. NRS 160.170 is hereby amended to read as follows: 160.170 When a minor ward for whom a guardian has been appointed under the provisions of this chapter or other laws of this state [shall have attained his or her] \attains his\\ majority, and if incompetent [shall be] \is\\ declared competent by the [Veterans' Administration] \Department of Veterans Affairs\\ and the court, and when any incompetent ward, not a minor, [shall be] \is\\ declared competent by the [Veterans' Administration] \Department of Veterans Affairs\\ and the court, the guardian [shall,] \must,\\ upon making a satisfactory accounting, be discharged upon a petition filed for that purpose. Sec. 27. NRS 160.180 is hereby amended to read as follows: 160.180 This chapter [shall] \must\\ be construed liberally to secure the beneficial intents and purposes thereof and [shall apply] \applies\\ only to beneficiaries of the [Veterans' Administration.] \Department of Veterans Affairs.\\ Sec. 28. NRS 174.385 is hereby amended to read as follows: 174.385 Failure by any person without adequate excuse to obey a subpoena of a court or a [district] \prosecuting\\ attorney served upon him or, in the case of a subpoena issued by a [district] \prosecuting\\ attorney, delivered to him and accepted, shall be deemed a contempt of the court from which the subpoena issued or, in the case of a subpoena issued by a [district] \prosecuting\\ attorney, of the court in which the investigation is pending or the indictment, information or complaint is to be tried. Sec. 29. NRS 207.040 is hereby amended to read as follows: 207.040 All persons having the physical ability to work, convicted of [vagrancy] \violating NRS 207.030\\ and imprisoned therefor, may be required to perform labor on the public works, buildings, grounds or ways in the county, and the sheriff or other person having them in charge while performing such labor may employ any usual, reasonable, humane and sufficient means to guard against and prevent any such prisoner escaping from custody while being so employed. Sec. 30. NRS 207.050 is hereby amended to read as follows: 207.050 For each day's work willingly and faithfully performed by [such vagrant he shall] \a person convicted of violating NRS 207.030, the person must\\ receive credit for 2 days' time, which [shall be by the sheriff] \must be\\ applied upon and deducted from his term of imprisonment [.] \by the sheriff.\\ Sec. 31. NRS 207.070 is hereby amended to read as follows: 207.070 The sheriff shall, during fair and reasonable weather, when the same can be done without extra expense to the county, procure employment for and set at work such [convicted vagrants] \persons convicted of violating NRS 207.030\\ who are serving out their term of imprisonment; and to this end, upon application of any road supervisor, superintendent, foreman or other overseer or custodian of any public works, buildings or grounds, he may deliver into the custody and charge of such person making the application such prisoners, to do labor as [herein] required, who after working hours of the day, or after suspension of labor from any cause, [shall] \must\\ be returned into the custody of the sheriff of the county for safekeeping until again required for labor. Sec. 32. NRS 228.300 is hereby amended to read as follows: 228.300 \As used in NRS 228.300 to 228.390, inclusive, unless the context otherwise requires:\\ 1. "Consumer's advocate" means the advocate for customers of public utilities. 2. "Cooperative utility" means a cooperative association or nonprofit corporation or association which supplies utility services for the use of its own members only. 3. "Public interest" means the interests or rights of the State of Nevada and of the citizens of the state, or a broad class of those citizens, which arise from the constitutions, court decisions and statutes of this state and of the United States and from the common law [. As used in NRS 228.300 to 228.390, inclusive, the term refers to] \, as\\ those interests and rights [as they] relate to the regulation of public utilities. Sec. 33. NRS 239.020 is hereby amended to read as follows: 239.020 Whenever a copy of any public record is required by the [Veterans' Administration] \Department of Veterans Affairs\\ to be used in determining the eligibility of any person to participate in benefits made available by the [Veterans' Administration,] \Department of Veterans Affairs,\\ the official charged with the custody of such public record shall, without charge, provide the applicant for the benefit or any person acting on his behalf or the representative of the [Veterans' Administration] \Department of Veterans Affairs\\ with a certified copy or copies of such records. Sec. 34. NRS 281.501 is hereby amended to read as follows: 281.501 1. Except as otherwise provided in subsection 2 or 3, a member of the legislative branch may vote upon a matter if the benefit or detriment accruing to him as a result of the decision either individually or in a representative capacity as a member of a general business, profession, occupation or group [,] is not greater than that accruing to any other member of the general business, profession, occupation or group. 2. In addition to the requirements of the code of ethical standards, a member of the legislative branch shall not vote upon or advocate the passage or failure of, but may otherwise participate in the consideration of a matter with respect to which the independence of judgment of a reasonable person in his situation would be materially affected by: (a) His acceptance of a gift or loan; (b) His pecuniary interest; or (c) His commitment in a private capacity to the interests of others. It must be presumed that the independence of judgment of a reasonable person would not be materially affected by his pecuniary interest where the resulting benefit or detriment accruing to him is not greater than that accruing to any other member of the general business, profession, occupation or group. 3. A public officer or employee shall not approve, disapprove, vote, abstain from voting [,] or otherwise act upon any matter: (a) Regarding which he has accepted a gift or loan; (b) Which would reasonably be affected by his commitment in a private capacity to the interest of others; or (c) In which he has a pecuniary interest, without disclosing the full nature and extent of the gift, loan, commitment or interest. Such a disclosure must be made at the time the matter is considered. If the officer or employee is a member of a body which makes decisions, he shall make the disclosure in public to the chairman and other members of the body. If the officer or employee is not a member of such a body and holds an appointive office, he shall make the disclosure to the supervisory head of his organization or, if he holds an elective office, to the general public in the area from which he is elected. 4. If a member of the legislative branch declares to the legislative body or committee in which the vote is to be taken that he will abstain from voting because of the requirements of this section, the necessary quorum to act upon and the number of votes necessary to act upon the matter, as fixed by any statute, ordinance or rule \,\\ [of a board of county commissioners or governing body of a city,] is reduced as though the member abstaining were not a member of the body or committee. 5. If a member of the legislative branch is voting on a matter which affects public employees, he shall make a full public disclosure of any personal pecuniary interest which he may have in the matter. Sec. 35. NRS 294A.270 is hereby amended to read as follows: 294A.270 1. Except as otherwise provided in subsection 2, each committee for the recall of a public officer shall, not later than: (a) Fifteen days before the special election to recall a public officer, for the period from the filing of the notice of intent to circulate the petition for recall up to 20 days before the special election; and (b) Thirty days after the election, for the remaining period up to the election, report each contribution received or made by the committee in excess of $500 on a form provided by the secretary of state and signed under the penalty for perjury. 2. If a petition for the purpose of recalling a public officer is not filed before the expiration of the notice of intent, the committee for the recall of a public officer shall, not later than 30 days after the expiration of the notice of intent, report each contribution received or made by the committee in excess of $500. 3. If a court does not order a special election for the recall of the public officer, the committee for the recall of a public officer shall, not later than 30 days after the court determines that an election will not be held, for the period from the filing of the notice of intent to circulate the petition for recall up to the day the court determines that an election will not be held, report each contribution received or made by the committee in excess of $500. 4. Each report of contributions must be filed with the secretary of state. The committee may mail the report by certified mail. If certified mail is used, the date of mailing shall be deemed the date of filing. 5. Each contribution, whether from or to a natural person, association or corporation, in excess of $500, and contributions which a contributor or the committee has made cumulatively in excess of that amount since the beginning of the first reporting period, must be separately identified with the name and address of the contributor or person to whom the contribution was given and the date of the contribution or contributions, tabulated and reported on the form provided by the secretary of state. 6. Any person who willfully violates any of the provisions of this section is guilty of a gross misdemeanor. \This subsection does not affect any penalty which may be imposed for the commission of perjury or subornation of perjury with regard to any reports required by this section.\\ Sec. 36. NRS 294A.280 is hereby amended to read as follows: 294A.280 1. Except as otherwise provided in subsection 3, each committee for the recall of a public officer shall, not later than: (a) Fifteen days before the special election to recall a public officer, for the period from the filing of the notice of intent to circulate the petition for recall up to 20 days before the special election; and (b) Thirty days after the election, for the remaining period up to the election, report each expenditure made by the committee in excess of $500 on a form provided by the secretary of state and signed under the penalty for perjury. 2. If a petition for the purpose of recalling a public officer is not filed before the expiration of the notice of intent, the committee for the recall of a public officer shall, not later than 30 days after the expiration of the notice of intent, report each expenditure made by the committee in excess of $500. 3. If a court does not order a special election for the recall of the public officer, the committee for the recall of a public officer shall, not later than 30 days after the court determines that an election will not be held, for the period from the filing of the notice of intent to circulate the petition for recall up to the day the court determines that an election will not be held, report each expenditure made by the committee in excess of $500. 4. The report must also include identification of expenditures which the committee for the recall of a public officer made cumulatively in excess of $500 since the beginning of the first reporting period. 5. Each report of expenditures must be filed with the secretary of state. The committee may mail the report by certified mail. If certified mail is used, the date of mailing shall be deemed the date of filing. 6. Any person who willfully violates any of the provisions of this section is guilty of a gross misdemeanor. \This subsection does not affect any penalty which may be imposed for the commission of perjury or subornation of perjury with regard to any reports required by this section.\\ Sec. 37. NRS 315.510 is hereby amended to read as follows: 315.510 In the operation or management of housing projects an authority shall at all times observe the following duties with respect to rentals and tenant admissions: 1. It may rent or lease the dwelling accommodations therein only to persons of low income [,] and, as among [low income persons which] \low-income persons who\\ are eligible applicants for occupancy in dwellings of given sizes and at specified rents, shall extend the following preferences in the selection of tenants: \(a) \\First: To families [which] \who\\ are to be displaced by any low-rent housing project or by any public slum clearance or redevelopment project initiated after January 1, 1947, or [which] \who\\ were so displaced within 3 years [prior to] \before\\ making application on authority for admission to any low-rent housing \.\\ [; and as among] \Among\\ such families first preference [shall] \must\\ be given to families of disabled veterans whose disability has been determined by the [Veterans' Administration] \Department of Veterans Affairs\\ to be service connected, [and] second preference [shall] \must\\ be given to families of deceased veterans and servicemen whose death has been determined by the [Veterans' Administration] \Department of Veterans Affairs\\ to be service connected, and third preference [shall] \must\\ be given to families of other veterans and servicemen. \(b) \\Second: To families of other veterans and servicemen \.\\ [and as among] \Among\\ such families first preference [shall] \must\\ be given to families of disabled veterans whose disability has been determined by the [Veterans' Administration] \Department of Veterans Affairs\\ to be service connected, and second preference [shall] \must\\ be given to families of deceased veterans and servicemen whose death has been determined by the [Veterans' Administration] \Department of Veterans Affairs\\ to be service connected. 2. It may rent or lease to a tenant dwelling accommodations consisting of a number of rooms [(but] \, but\\ no greater [number)] \number,\\ which it deems necessary to provide safe and sanitary accommodations to the proposed occupants thereof, without overcrowding. 3. An authority shall not accept any person or persons as tenants in any housing project if the person or persons who occupy the dwelling accommodations have, at the time of admission, an aggregate annual net income, less an exemption of $200 for each minor member of the family other than the head of the family and his spouse, in excess of 7 times the annual rental of the quarters to be furnished such person or persons; but an authority may agree to conditions as to tenant eligibility or preference required by the Federal Government pursuant to federal law in any contract for financial assistance with the authority. In computing the rental for this purpose of admitting tenants, there [shall] \must\\ be included in the rental the average annual cost [(as] \, as\\ determined by the [authority)] \authority,\\ to occupants of heat, water, electricity, gas, cooking fuel [,] and other necessary services or facilities, whether or not the charge for such services and facilities is included in the rental. Sec. 38. NRS 341.060 is hereby amended to read as follows: 341.060 Within a reasonable time after the appointment of the members of the board, the board shall meet upon the call of the governor and shall organize [by electing a chairman and] \and elect a\\ vice chairman. Sec. 39. NRS 361.085 is hereby amended to read as follows: 361.085 1. The property of all [totally] blind persons, not to exceed the amount of $3,000 of assessed valuation, is exempt from taxation, including community property to the extent only of the [totally] blind person's interest therein, but no such exemption may be allowed to anyone but [actual] bona fide residents of this state, and must be allowed in but one county in this state to the same family. 2. The person claiming such an exemption shall file with the county assessor an affidavit declaring his residency and that the exemption has been claimed in no other county in this state for that year. After the filing of the original affidavit, the county assessor shall mail a form for renewal of the exemption to the person each year following a year in which the exemption was allowed for that person. The form must be designed to facilitate its return by mail by the person claiming the exemption. 3. Upon first claiming the exemption in a county the claimant shall furnish to the assessor a certificate of a physician licensed under the laws of this state setting forth that he has examined the claimant and has found him to be a [totally] blind person. 4. As used in this section, ["totally blind persons"] \"blind person"\\ includes any person whose visual acuity with correcting lenses does not exceed 20/200 in the better eye, or whose vision in the better eye is restricted to a field which subtends an angle of not greater than 20°. Sec. 40. NRS 361.091 is hereby amended to read as follows: 361.091 1. [An actual] \A\\ bona fide resident of the State of Nevada who has incurred a permanent service- connected disability and has been honorably discharged from the Armed Forces of the United States, or his surviving spouse, is entitled to a disabled veteran's exemption. 2. The amount of exemption is based on the total percentage of permanent service-connected disability. The maximum allowable exemption for total permanent disability is the first $10,000 assessed valuation. A person with a permanent service-connected disability of: (a) Eighty to 99 percent, inclusive, is entitled to an exemption of $7,500 assessed value. (b) Sixty to 79 percent, inclusive, is entitled to an exemption of $5,000 assessed value. For the purposes of this section, any property in which an applicant has any interest is deemed to be the property of the applicant. 3. The exemption may be allowed only to a claimant who has filed an affidavit with his claim for exemption on real property pursuant to NRS 361.155. The affidavit may be made at any time by a person claiming \an\\ exemption from taxation on personal property. 4. The affidavit must be made before the county assessor or a notary public and be submitted to the county assessor. It must be to the effect that the affiant is [an actual] \a\\ bona fide resident of the State of Nevada, that he meets all the other requirements of subsection 1 [,] and that he does not claim the exemption in any other county within this state. After the filing of the original affidavit, the county assessor shall mail a form for renewal of the exemption to the person each year following a year in which the exemption was allowed for that person. The form must be designed to facilitate its return by mail by the person claiming the exemption. 5. Before allowing any exemption pursuant to the provisions of this section, the county assessor shall require proof of the applicant's status, and for that purpose shall require him to produce an original or certified copy of: (a) An honorable discharge or other document of honorable separation from the Armed Forces of the United States which indicates the total percentage of his permanent service- connected disability; (b) A certificate of satisfactory service which indicates the total percentage of his permanent service-connected disability; or (c) A certificate from the [Veterans' Administration] \Department of Veterans Affairs\\ or any other military document which shows that he has incurred a permanent service-connected disability and which indicates the total percentage of that disability, together with a certificate of honorable discharge or satisfactory service. 6. A surviving spouse claiming an exemption pursuant to this section must file with the county assessor an affidavit declaring that: (a) The surviving spouse was married to and living with the disabled veteran for the 5 years preceding his death; (b) The disabled veteran was eligible for the exemption at the time of his death or would have been eligible if he had been a resident of the State of Nevada; (c) The surviving spouse has not remarried; and (d) The surviving spouse is [an actual] \a\\ bona fide resident of the State of Nevada. The affidavit required by this subsection is in addition to the certification required pursuant to subsections 4 and 5. After the filing of the original affidavit required by this subsection, the county assessor shall mail a form for renewal of the exemption to the person each year following a year in which the exemption was allowed for that person. The form must be designed to facilitate its return by mail by the person claiming the exemption. 7. If a tax exemption is allowed under this section, the claimant is not entitled to an exemption under NRS 361.090. 8. If any person makes a false affidavit or produces false proof to the county assessor or a notary public, and as a result of the false affidavit or false proof, the person is allowed a tax exemption to which he is not entitled, he is guilty of a gross misdemeanor. Sec. 41. NRS 361.1565 is hereby amended to read as follows: 361.1565 The personal property tax exemption to which a widow, orphan child, [totally] blind person, veteran or surviving spouse of a disabled veteran is entitled under NRS 361.080, 361.085, 361.090 or 361.091 is reduced to the extent that he is allowed an exemption from the vehicle privilege tax under chapter 371 of NRS. Sec. 42. NRS 371.102 is hereby amended to read as follows: 371.102 1. Vehicles registered by a [totally] blind person, not to exceed the amount of $3,000 determined valuation, are exempt from taxation, but the exemption must not be allowed to anyone but [actual] bona fide residents of this state, and must be filed in but one county in this state to the same family. 2. The person claiming the exemption shall file with the department in the county where the exemption is claimed an affidavit declaring his residency and that the exemption has been claimed in no other county in this state for that year. After the filing of the original affidavit, the county assessor shall mail a form for renewal of the exemption to the person each year following a year in which the exemption was allowed for that person. The form must be designed to facilitate its return by mail by the person claiming the exemption. 3. Upon first claiming such exemption in a county the claimant shall furnish to the department a certificate of a physician licensed under the laws of this state setting forth that he has examined the claimant and has found him to be a [totally] blind person. 4. As used in this section ["totally blind] \, "blind\\ person" includes any person whose visual acuity with correcting lenses does not exceed 20/200 in the better eye, or whose vision in the better eye is restricted to a field which subtends an angle of not greater than 20°. Sec. 43. NRS 371.104 is hereby amended to read as follows: 371.104 1. [An actual] \A\\ bona fide resident of the State of Nevada who has incurred a permanent service- connected disability and has been honorably discharged from the Armed Forces of the United States, or his surviving spouse, is entitled to a veteran's exemption from the payment of vehicle privilege taxes on vehicles of the following determined valuations: (a) If he has a disability of 100 percent, the first $10,000 of determined valuation; (b) If he has a disability of 80 to 99 percent, inclusive, the first $7,500 of determined valuation; or (c) If he has a disability of 60 to 79 percent, inclusive, the first $5,000 of determined valuation. 2. For the purpose of this section, the first $10,000 determined valuation of vehicles in which an applicant has any interest shall be deemed to belong entirely to that person. 3. A person claiming the exemption shall file annually with the department in the county where the exemption is claimed an affidavit declaring that he is [an actual] \a\\ bona fide resident of the State of Nevada who meets all the other requirements of subsection 1, and that the exemption is claimed in no other county within this state. After the filing of the original affidavit, the county assessor shall mail a form for renewal of the exemption to the person each year following a year in which the exemption was allowed for that person. The form must be designed to facilitate its return by mail by the person claiming the exemption. 4. Before allowing any exemption pursuant to the provisions of this section, the department shall require proof of the applicant's status, and for that purpose shall require production of: (a) A certificate from the [Veterans' Administration] \Department of Veterans Affairs\\ that the veteran has incurred a permanent service-connected disability, which shows the percentage of that disability; and (b) Any one of the following: (1) An honorable discharge; (2) A certificate of satisfactory service; or (3) A certified copy of either of these documents. 5. A surviving spouse claiming an exemption pursuant to this section must file with the department in the county where the exemption is claimed an affidavit declaring that: (a) The surviving spouse was married to and living with the disabled veteran for the 5 years preceding his death; (b) The disabled veteran was eligible for the exemption at the time of his death; and (c) The surviving spouse has not remarried. The affidavit required by this subsection is in addition to the certification required pursuant to subsections 3 and 4. After the filing of the original affidavit required by this subsection, the county assessor shall mail a form for renewal of the exemption to the person each year following a year in which the exemption was allowed for that person. The form must be designed to facilitate its return by mail by the person claiming the exemption. 6. If a tax exemption is allowed under this section, the claimant is not entitled to an exemption under NRS 371.103. 7. If any person makes a false affidavit or produces false proof to the department, and as a result of the false affidavit or false proof, the person is allowed a tax exemption to which he is not entitled, he is guilty of a gross misdemeanor. Sec. 44. NRS 375A.325 is hereby amended to read as follows: 375A.325 Proceedings for the collection of any tax imposed by NRS 375A.100 may be commenced at any time after the tax is due and within 10 years [from] \after\\ the time a determination of [delinquency] \deficiency\\ is issued. Sec. 45. NRS 375B.350 is hereby amended to read as follows: 375B.350 Proceedings for the collection of any tax imposed by NRS 375B.100 may be commenced at any time after the tax is due and within 10 years after the time a determination of [delinquency] \deficiency\\ is issued. Sec. 46. NRS 417.070 is hereby amended to read as follows: 417.070 1. The office of the commissioner [shall] \must\\ be located in the same city where the state branch office of the [Veterans' Administration] \Department of Veterans Affairs\\ maintains its state administrative bureau, and if such office [be] \is\\ discontinued in the State of Nevada, then at such place as the governor may designate. 2. The office of the deputy commissioner [shall] \must\\ be maintained at Las Vegas, Nevada. 3. The deputy commissioner shall serve in his district, which [shall be] \consists of\\ Clark, Lincoln, Nye and Esmeralda Counties. The commissioner shall serve the other counties of the state. Sec. 47. NRS 417.110 is hereby amended to read as follows: 417.110 1. Subject to the provisions of subsection 2, the commissioner may act as guardian of the estate of: (a) The minor child of a deceased veteran. (b) An insane or incompetent veteran. (c) A person who is certified by the [Veterans' Administration] \Department of Veterans Affairs\\ as having money due from the [Veterans' Administration,] \Department of Veterans Affairs,\\ the payment of which is dependent upon the appointment of a guardian for the person. 2. The commissioner may act as guardian as provided in subsection 1 only if at the time of appointment the estate, exclusive of money paid or to be paid by the Federal Government, does not exceed $2,500 in personal property or $3,500 in real property, or $2,500 in personal property and $3,500 in real property. 3. If a person for whom the commissioner acts as guardian receives a monthly income of $500 or more, the commissioner may charge a fee of 5 percent of the income of the estate of the person to pay for the expenses of providing the guardianship service. Sec. 48. NRS 417.220 is hereby amended to read as follows: 417.220 1. Money received by the commissioner or the deputy commissioner from: (a) Fees pursuant to subsection 3 of NRS 417.210; (b) Allowances for burial from the [Veterans' Administration] \Department of Veterans Affairs\\ or the Social Security Administration; (c) Appropriations made by the legislature for veterans' cemeteries; and (d) Gifts of money or proceeds derived from the sale of gifts of personal property he is authorized to accept, must be deposited with the state treasurer for credit to the account for a veterans' cemetery in northern Nevada or the account for a veterans' cemetery in southern Nevada, whichever is appropriate, in the state general fund. 2. The interest and income earned on the money in the accounts, after deducting any applicable charges, must be credited to the accounts. 3. The money in each account must only be used for the operation and maintenance of the cemetery for which the account was created. 4. Gifts of personal property which the commissioner or the deputy commissioner is authorized to receive but which are not appropriate for conversion to money may be used in kind. Sec. 49. NRS 423.235 is hereby amended to read as follows: 423.235 1. Except as otherwise provided in NRS 423.230, all money received by a child in the northern Nevada children's home or the southern Nevada children's home, including, but not limited to, social security benefits, benefits paid to heirs of United States employees and payments payable by the United States through the [Veterans' Administration,] \Department of Veterans Affairs,\\ must be held by the superintendent in trust for the child. 2. The superintendent as trustee shall accumulate such money during the period the child is a ward of the state under the provisions of chapter 423 of NRS, and shall invest such money subject to the provisions of NRS 164.050, 164.060 and 164.065. 3. The superintendent shall: (a) Keep a separate account for each child who receives money. (b) Deduct from the account the costs for the care and support of the child that are provided by the state, excluding any amount for which a county is responsible. If the child is placed in foster care, money in the account may be used for payments to a foster parent. Any surplus remaining may be expended for extraordinary items deemed beneficial to the child. (c) Remit any surplus balance to the child or his parent or legal guardian upon release from the school. 4. The superintendent may be removed as trustee of such money only upon application to the district court for the county in which the children's home is located. The district court may, for good cause shown and upon notice to the beneficiary, relieve the superintendent from his duties as trustee. Sec. 50. NRS 433A.420 is hereby amended to read as follows: 433A.420 The medical director of a division facility may order the transfer to a [United States Veterans' Administration] hospital \of the Department of Veterans Affairs\\ or other facility of the United States Government any admitted client eligible for treatment therein. If the client in any manner objects to the transfer, the medical director of the facility [must] \shall\\ enter the objection and a written justification of the transfer in the client's record and [forthwith] forward a notice of the objection to the administrator, and the commission shall review the transfer pursuant to subsections 2 and 3 of NRS 433.534. Sec. 51. NRS 439A.030 is hereby amended to read as follows: 439A.030 1. The state health coordinating council is hereby created. The council consists of at least seven members appointed by the governor. Between 50 and 60 percent of the members of the council must be persons who are recipients of health services and not providers of health services. 2. Each health systems agency is entitled to the same number of representatives, no fewer than two, on the council. Of the representatives of each health systems agency, between 50 and 60 percent must be persons who are recipients of health services and not providers of health services. 3. If one or more hospitals or other health care facilities of the [Veterans' Administration] \Department of Veterans Affairs\\ are located in the state, the council [shall,] \must,\\ in addition to the appointed members, include as a nonvoting member a person whom the Chief Medical Director of the [Veterans' Administration] \Department of Veterans Affairs\\ designates as a representative of such a facility or facilities. 4. The council shall select a chairman from among its members. 5. The council may meet regularly at least once in each calendar quarter of a year. Sec. 52. NRS 502.072 is hereby amended to read as follows: 502.072 The division shall issue without charge any license authorized under the provisions of this chapter, upon satisfactory proof of the requisite facts to any [actual] bona fide resident of the State of Nevada who has incurred a service-connected disability which is considered to be 50 percent or more by the [United States Veterans' Administration] \Department of Veterans Affairs\\ and has received upon severance from service an honorable discharge or certificate of satisfactory service from the Armed Forces of the United States. Sec. 53. NRS 502.240 is hereby amended to read as follows: 502.240 The division shall issue annual licenses and limited permits: 1. To any person who has attained his 12th birthday but who has not attained his 16th birthday and who has been a bona fide resident of the State of Nevada for 6 months immediately preceding his application for a license, upon the payment of $5 for an annual fishing or hunting license or $9 for a combination hunting and fishing license. 2. To any person who has not attained his 16th birthday and who has been a bona fide resident of the State of Nevada for 6 months immediately preceding his application for a license, upon payment of $5 for an annual trapping license. 3. Except as otherwise provided in NRS 502.245 and 504.390, to any person who has attained his 16th birthday and who has been a bona fide resident of the State of Nevada for 6 months immediately preceding his application for a license, upon the payment of: For a fishing license........................... $15.00 For a 10-day permit to fish..................... 10.00 For a 3-day permit to fish...................... 6.00 For a hunting license........................... 20.00 For a combined hunting and fishing license...... 33.50 For a trapping license.......................... 30.50 For a fur dealer's license...................... 50.00 For an annual master guide's license............ 250.00 For an annual subguide's license................ 75.00 4. To any person who has attained his 12th birthday but who has not attained his 16th birthday, not a bona fide resident of the State of Nevada, upon the payment of $8 for an annual fishing license, except for a fishing license to fish in the reciprocal waters of the Colorado River, Lake Mead and Lake Mohave, which annual license must cost a sum agreed upon by the commission and the Arizona Game and Fish Commission, but not to exceed $30. 5. Except as otherwise provided in subsection 4, to any person, not a bona fide resident of the State of Nevada, upon the payment of: For a fishing license, except for a fishing license to fish in the reciprocal waters of the Colorado River, Lake Mead and Lake Mohave, which license must cost a sum agreed upon by the commission and the Arizona Game and Fish Com- mission, but not to exceed $30................ $45 For a 10-day permit to fish........................ 30 For a 3-day permit to fish......................... 17 For a hunting license.............................. 100 For an annual trapper's license.................... 150 For a fur dealer's license......................... 100 For an annual master guide's license............... 500 For an annual subguide's license................... 150 For a 10-day permit to hunt upland game and waterfowl......................................... 50 6. To any person, without regard to residence, upon the payment of: For a noncommercial \license for the possession of live\\ wildlife [culturing facility] ......................... $5 For a commercial or private shooting preserve...... 100 For a commercial \license for the possession of live\\ wildlife [cul- turing facility].............................. 100 For a live bait dealer's permit.................... 35 For a competitive field trials permit.............. 25 For a permit to train dogs or falcons.............. 5 For a falconry license............................. 30 For an importation permit.......................... 5 For an import eligibility permit................... 25 For an exportation permit.......................... 5 For a permit to maintain a collection of live wild animals............................................ 10 For any other special permit issued by the division, a fee not to exceed $100 set by the commission. Sec. 54. NRS 598.0915 is hereby amended to read as follows: 598.0915 A person engages in a "deceptive trade practice" when in the course of his business or occupation he: 1. Knowingly passes off goods or services as those of another. 2. Knowingly makes a false representation as to the source, sponsorship, approval or certification of goods or services. 3. Knowingly makes a false representation as to affiliation, connection, association with or certification by another. 4. Uses deceptive representations or designations of geographic origin in connection with goods or services. 5. Knowingly makes a false representation as to the characteristics, ingredients, uses, benefits, alterations or quantities of goods or services or a false representation as to the sponsorship, approval, status, affiliation or connection of a person therewith. 6. Represents that goods are original or new if he knows or should know that they are deteriorated, altered, reconditioned, reclaimed, used or secondhand. 7. Represents that goods or services are of a particular standard, quality or grade, or that goods are of a particular style or model, if he knows or should know that they are of another. 8. Disparages the goods, services or business of another by false or misleading representation of fact. 9. Advertises goods or services with intent not to sell them as advertised. 10. Advertises goods or services with intent not to supply reasonably expectable public demand, unless the advertisement discloses a limitation of quantity. 11. Advertises under the guise of obtaining sales personnel when in fact the purpose is to first sell [a product or service] \goods or services\\ to the sales personnel applicant. 12. Makes false or misleading statements of fact concerning the price of goods or services, or the reasons for, existence of or amounts of price reductions. Sec. 55. NRS 612.015 is hereby amended to read as follows: 612.015 As used in this chapter, unless the context clearly requires otherwise, [words shall have the meanings assigned in the definitions hereafter set forth.] \the words and terms defined in NRS 612.016 to 612.200, inclusive, have the meanings ascribed to them in those sections.\\ Sec. 56. NRS 616.4982 is hereby amended to read as follows: 616.4982 1. The manager may invest in bonds or notes that are: (a) Guaranteed by the [Veterans' Administration] \Department of Veterans Affairs\\ under the Servicemen's Readjustment Act of 1944 [(as from time to time amended),] \, as amended,\\ or otherwise guaranteed by the United States of America [,] or by any agency or instrumentality of the United States of America, so as to give the investor protection essentially the same as that provided by the Servicemen's Readjustment Act, in which case the loan amount at the time of investment by the manager may equal the unpaid principal balance; or (b) Insured under the National Housing Act or under the Farmers Home Administration Act of 1946 [(as from time to time amended),] \, as amended,\\ in which case the loan amount at the time of investment by the manager may equal the amount of the loan insurance provided. 2. The manager shall not in any manner, either directly or indirectly, invest in real estate mortgages that are junior to first mortgages. 3. The manager shall not invest more than 20 percent of the system's assets in the securities described in this section. 4. No mortgage loan upon a leasehold may be made or acquired pursuant to this section unless the terms thereof provide for amortization payments to be made by the borrower on the principal at least once in each year in amounts sufficient completely to amortize the loan within a period of four-fifths of the term of the leasehold, inclusive of the term which may be provided by \an\\ enforceable option of renewal, which is unexpired at the time the loan is made, but in no event more than 30 years. 5. The manager may enter into servicing agreements with qualified mortgage servicing institutions for the handling of mortgage service details, and may reimburse the institutions the customary fee charged by the trade. The servicing institution shall furnish \to\\ the manager each month, with respect to each mortgage serviced, postings of all cash transactions affecting each mortgage and, at the end of each calendar year, a completely posted ledger sheet for each separate mortgage serviced, giving all cash transactions affecting each mortgage. Sec. 57. NRS 616.49831 is hereby amended to read as follows: 616.49831 The manager may invest and reinvest the money in the funds of the system in: 1. [Commercial paper as it is] \Negotiable instruments as they are\\ set forth in the Uniform Commercial [Code--Commercial Paper,] \Code--Negotiable Instruments,\\ NRS 104.3101 et seq. Eligible [commercial paper] \negotiable instruments\\ may not exceed 180 days' maturity and must be of prime quality as defined by a nationally recognized organization which rates such securities. It is further limited to issuing corporations with net worth in excess of $50 million which are incorporated under the laws of the United States or any state thereof or the District of Columbia. 2. Collective or part interest in [commercial paper] \negotiable instruments\\ held by national banks and issued by companies whose [commercial paper meets] \negotiable instruments meet\\ the requirements prescribed in subsection 1. 3. Bankers' acceptances of the kind and maturities made eligible by law for rediscount with Federal Reserve Banks, and generally accepted by banks or trust companies which are members of the Federal Reserve System. 4. Time certificates of deposit issued by commercial banks or insured savings and loan associations. 5. Savings accounts in state banks, located in and organized under the laws of this state, or national banks. 6. Savings accounts in insured savings and loan associations located in or organized under the laws of this state. Sec. 58. NRS 627.180 is hereby amended to read as follows: 627.180 1. Except for savings and loan associations, state banks and national banking associations, licensed to do business in the State of Nevada, under \the\\ laws of the State of Nevada [,] or under the laws of the United States, [or] title insurers or underwritten title insurance companies authorized to do business in the State of Nevada, or lenders of construction loan [moneys] \money\\ for dwelling units who are approved by the Federal Housing Administration or \Department of\\ Veterans [Administration] \Affairs\\ and who have been licensed and authorized to do business in the State of Nevada, every construction control doing business in the State of Nevada shall, within 30 days immediately following July 1, 1965, file with the state contractors' board a bond, executed by some corporation authorized to issue surety bonds in this state, in a penal sum equal to 1 1/4 times the amount of capital in the business but in no event less than $20,000, and such bond [shall] \must\\ be kept in full force and effect or replaced by a like bond as a condition to continuing to do business as a construction control in the State of Nevada. 2. The form of \the\\ bond required is as follows: Bond No. CONSTRUCTION CONTROL BOND Know All Men by These Presents: That I, ................................, having a principal place of business in ...................................................., Nevada, as principal, and ................................, a corporation licensed to execute surety bonds under the provisions of the Nevada Insurance Code, as surety, are held and firmly bound to the State of Nevada, for the use of any person by whom funds are entrusted to the principal or to whom funds are payable by the principal, in the sum of ................ Dollars, lawful money of the United States of America, to be paid to the State of Nevada, for which payment well and truly to be made we bind ourselves, our heirs, executors and successors, jointly and severally, firmly by these presents: The Condition of the Above Obligation Is Such That: Whereas, Under the Construction Control Law, certain duties, obligations and requirements are imposed upon all persons, copartnerships, associations or corporations acting as construction controls; Now, Therefore, If the principal and its agents and employees shall faithfully and in all respects conduct business as a construction control in accordance with the provisions of the Construction Control Law, this obligation shall be void, otherwise to remain in full force and effect; Provided, However, That the surety or sureties may cancel this bond and be relieved of further liability hereunder by delivering 30 days' written notice of cancellation to the principal; however, such cancellation shall not affect any liability incurred or accrued hereunder prior to the termination of such 30-day period; Provided Further, That the total aggregate liability of the surety or sureties herein for all claims which may arise under this bond shall be limited to the payment of ................ Dollars. In Witness Whereof, The principal and surety have hereunto set their hands this ................................ day of ................................, 19..... ........................ By........................ Principal (Surety) By........................ Attorney Sec. 59. NRS 631.390 is hereby amended to read as follows: 631.390 Except as otherwise provided in subsection 2 of NRS 631.317, [nothing in this chapter applies] \this chapter does not apply\\ to: 1. A legally qualified physician or surgeon unless he practices dentistry as a specialty. 2. A dentist or dental hygienist of the United States Army, Navy, Air Force, Public Health Service, Coast Guard or [Veterans' Administration] \Department of Veterans Affairs\\ in the discharge of his official duty. Sec. 60. NRS 637A.025 is hereby amended to read as follows: 637A.025 1. This chapter does not apply to any physician licensed to practice medicine in Nevada nor to the [Veterans' Administration] hearing aid dispensing program [.] \of the Department of Veterans Affairs.\\ 2. This chapter does not apply to any person who measures human hearing for any purpose, including the selection of hearing aids, if such person does not dispense hearing aids or accessories. Sec. 61. NRS 645B.010 is hereby amended to read as follows: 645B.010 As used in this chapter, unless the context otherwise requires: 1. "Commissioner" means the commissioner of financial institutions. 2. \"Division" means the division of financial institutions of the department of business and industry. 3. \\"Depository financial institution" means a bank, savings and loan association, thrift company or credit union. [3.] \4.\\ "Mortgage company" means any person who, directly or indirectly: (a) Holds himself out for hire to serve as an agent for any person in an attempt to obtain a loan which will be secured by a lien on real property; (b) Holds himself out for hire to serve as an agent for any person who has money to lend, if the loan is or will be secured by a lien on real property; (c) Holds himself out as being able to make loans secured by liens on real property, unless the loans are made pursuant to subsection 8 or 10 of NRS 645B.015; (d) Holds himself out as being able to buy or sell notes secured by liens on real property; or (e) Offers for sale in this state any security which is exempt from registration under state or federal law and purports to make investments in promissory notes secured by liens on real property. Sec. 62. NRS 645B.015 is hereby amended to read as follows: 645B.015 Except as otherwise provided in subsection 5 of NRS 645B.020, the provisions of this chapter do not apply to: 1. Any person doing business under the laws of this state, any other state or the United States relating to banks, savings banks, trust companies, savings and loan associations, consumer finance companies, industrial loan companies, credit unions, thrift companies or insurance companies, unless the business conducted in this state is not subject to supervision by the regulatory authority of the other jurisdiction, in which case licensing pursuant to this chapter is required. 2. A real estate investment trust \,\\ as defined in 26 U.S.C. § 856, unless the business conducted in this state is not subject to supervision by the regulatory authority of the other jurisdiction, in which case licensing pursuant to this chapter is required. 3. An employee benefit plan \,\\ as defined in 29 U.S.C. § 1002(3) \,\\ if the loan is made directly from money in the plan by the plan's trustee. 4. An attorney at law rendering services in the performance of his duties as \an\\ attorney at law. 5. A real estate broker rendering services in the performance of his duties as a real estate broker. 6. Except as otherwise provided in this subsection, any firm or corporation: (a) Whose principal purpose or activity is lending money on real property which is secured by a mortgage; (b) Approved by the Federal National Mortgage Association as a seller and servicer; and (c) Approved by the Department of Housing and Urban Development and the [Veteran's Administration.] \Department of Veterans Affairs.\\ A firm or corporation is not exempt from the provisions of this chapter pursuant to this subsection if it maintains any accounts described in subsection 1 of NRS 645B.175 or offers for sale in this state any unregistered security under state or federal law and purports to make investments in promissory notes secured by liens on real property. A firm or corporation which is exempted pursuant to this subsection must submit annually as a condition of its continued exemption a certified statement by an independent certified public accountant that the firm or corporation does not maintain any such accounts. This subsection does not prohibit an exempt firm or corporation from maintaining accounts described in NRS 645B.170 and subsection 3 of NRS 645B.175. 7. Any person doing any act under \an\\ order of any court. 8. Any one natural person, or husband and wife, who provides money for investment in loans secured by a lien on real property, on his own account. 9. Agencies of the United States and of this state and its political subdivisions, including the public employees' retirement system. 10. A seller of real property who offers credit secured by a mortgage of the property sold. Sec. 63. NRS 662.095 is hereby amended to read as follows: 662.095 1. To the same extent that a bank may invest its money in obligations of the United States, a bank may invest its money and may invest the money in its custody or possession which is eligible for investment: (a) In bonds or notes secured by a mortgage or deed of trust insured or guaranteed by the Federal Housing Administrator or the [Veterans' Administration;] \Department of Veterans Affairs;\\ (b) In mortgages on real property which have been accepted for insurance by the Federal Housing Administrator or [Veterans' Administration;] \Department of Veterans Affairs;\\ and (c) In obligations of national mortgage associations or bonds, debentures, consolidated bonds or other obligations of any Federal Home Loan Bank or Banks. 2. A bank may make such loans: (a) Secured by real property, as the Federal Housing Administrator or [Veterans' Administration] \Department of Veterans Affairs\\ has insured or has made a commitment to insure, and may obtain such insurance. (b) As are insured or guaranteed by the Federal Housing Administrator, and on being approved as eligible for credit insurance by the [Veterans' Administration,] \Department of Veterans Affairs,\\ may make such loans as are insured or guaranteed by the [Veterans' Administration.] \Department of Veterans Affairs.\\ 3. Wherever by statute of this state: (a) Collateral is required as security for the deposit of public money; (b) Deposits are required to be made with any public officer or department; or (c) An investment of capital or surplus, or a reserve or other fund is required to be maintained, consisting of designated securities, bonds and notes secured by a mortgage or deed of trust insured by the Federal Housing Administrator or [Veterans' Administration,] \Department of Veterans Affairs,\\ debentures issued by the Federal Housing Administrator and obligations of national mortgage associations [shall be] \are\\ eligible for such purposes. 4. No law of this state prescribing the nature, amount or form of security [,] or requiring security upon which loans or investments may be made, [or] prescribing or limiting the rates of time of payment of the interest any obligation may bear, or prescribing or limiting the period for which loans or investments may be made, applies to loans or investments made pursuant to this section. Sec. 64. NRS 673.310 is hereby amended to read as follows: 673.310 1. Subject to such regulations as may be prescribed by the Federal Housing Administrator or [Veterans' Administration,] \Department of Veterans Affairs,\\ savings and loan associations may: (a) Make such loans and advances of credit, and purchases of obligations representing the loans and advances of credit, as are eligible for insurance by the Federal Housing Administrator or are guaranteed by the [Veterans' Administration,] \Department of Veterans Affairs,\\ and to obtain such insurance. (b) Make such loans secured by [mortgage] \mortgages\\ on real property as are eligible for insurance by the Federal Housing Administrator or are guaranteed by the [Veterans' Administration,] \Department of Veterans Affairs,\\ and to obtain such insurance. (c) Purchase, invest in [,] and dispose of notes or bonds secured by [mortgage] \mortgages\\ insured by the Federal Housing Administrator or guaranteed by the [Veterans' Administration,] \Department of Veterans Affairs,\\ securities of national mortgage associations, and debentures issued by the [Veterans' Administration] \Department of Veterans Affairs\\ or the Federal Housing Administrator. 2. No law of this state, nor any articles of incorporation or bylaws of any savings and loan associations \,\\ prescribing the nature, amount or form of security or requiring security upon which loans or advances of credit may be made, [or] prescribing or limiting interest rates upon loans or advances of credit, or prescribing or limiting the period for which loans or advances of credit may be made \,\\ applies to loans, advances of credit or purchases made pursuant to subsection 1. 3. All loans, advances of credit, and purchases of obligations described in this section [heretofore] made and insured pursuant to the terms of the National Housing Act or Servicemen's Readjustment Act of 1944 are hereby validated and confirmed. Sec. 65. NRS 675.040 is hereby amended to read as follows: 675.040 This chapter does not apply to: 1. A person doing business under the authority of any law of this state or of the United States relating to banks, savings banks, trust companies, savings and loan associations, credit unions, development corporations, mortgage companies, thrift companies, pawnbrokers or insurance companies. 2. A real estate investment trust \,\\ as defined in 26 U.S.C. § 856. 3. An employee benefit plan \,\\ as defined in 29 U.S.C. § 1002(3) \,\\ if the loan is made directly from money in the plan by the plan's trustee. 4. An attorney at law rendering services in the performance of his duties as \an\\ attorney at law if the loan is secured by real property. 5. A real estate broker rendering services in the performance of his duties as a real estate broker if the loan is secured by real property. 6. Except as otherwise provided in this subsection, any firm or corporation: (a) Whose principal purpose or activity is lending money on real property which is secured by a mortgage; (b) Approved by the Federal National Mortgage Association as a seller or servicer; and (c) Approved by the Department of Housing and Urban Development and the [Veterans' Administration.] \Department of Veterans Affairs.\\ 7. A person who provides money for investment in loans secured by a lien on real property, on his own account. 8. A seller of real property who offers credit secured by a mortgage of the property sold. 9. A person holding a nonrestricted state gaming license issued pursuant to the provisions of chapter 463 of NRS. Sec. 66. NRS 683A.130 is hereby amended to read as follows: 683A.130 1. For the protection of the people of this state, the commissioner shall not issue, continue or permit to exist any agent's, broker's or solicitor's license except in compliance with this chapter. Any natural person for whom such a license is issued, continued or permitted to exist must: (a) Be a bona fide resident of, and reside within, this state. This paragraph does not apply to: (1) An agent brought into this state by an insurer to replace an agent disabled, deceased or dismissed. (2) A licensed nonresident agent or nonresident broker of this state who otherwise qualifies for a license and is licensed as a resident within 60 days after he becomes a bona fide resident of this state. This subparagraph does not otherwise apply to nonresident agents and nonresident brokers. (3) A licensed resident agent or resident broker during the 60 days next following the date he establishes his residence in another state. (b) Be at least 18 years of age. (c) If he applies for or holds an agent's license, have been appointed an agent by an authorized insurer, subject to the issuance of the license. (d) If he applies for or holds a solicitor's license, be the bona fide employee of a licensed resident agent or a licensed resident broker as a solicitor, or be so employed subject to the issuance of the license. (e) If he applies for or holds a broker's license, have had experience for at least 1 year as an agent, solicitor, managing general agent, adjuster, insurer's underwriter or broker or have had other special experience, education or training, all of sufficient content and duration reasonably necessary for competence in fulfilling the responsibilities of a broker. (f) Be competent, trustworthy and financially responsible. (g) Pass each examination required for the license pursuant to this chapter. (h) Successfully complete each course of instruction which the commissioner requires by regulation. 2. The commissioner shall not differentiate between persons entitled to act as agents [,] on the basis that the persons are engaged in other businesses to which the insurance agency is incidental or supplemental. 3. The commissioner may require applicants for licensing to pay, in addition to the fee required by NRS 683A.150, a fee of $15 for \deposit in\\ the \insurance\\ recovery [fund.] \account created by NRS 679B.305.\\ Sec. 67. NRS 683A.270 is hereby amended to read as follows: 683A.270 1. Each license issued under this code continues in force until it expires or is suspended, revoked or otherwise terminated, subject to payment of the applicable fee for renewal and a fee of $15 for \deposit in\\ the \insurance\\ recovery [fund] \account created by NRS 679B.305\\ to the commissioner at his office in Carson City, Nevada, on or before the last day of the month in which the license is renewable. The fees must be accompanied by a written request for renewal of the license. The request must be made and signed: (a) By the licensee in the case of a broker's, nonresident broker's, surplus lines broker's, agent's or managing general agent's license. (b) By the employing agent or broker in the case of a solicitor's license. (c) By the employing title insurer or agent in the case of an escrow officer. 2. Any license referred to in subsection 1 which is not continued on or before the last day specified for its renewal shall be deemed to have expired at midnight on that day. The commissioner may accept a request for renewal received by him within 30 days thereafter if it is accompanied by a renewal fee of 150 percent of the fee otherwise required and the fee of $15 for \deposit in\\ the \insurance\\ recovery [fund.] \account created by NRS 679B.305.\\ 3. If the commissioner has reason to believe that any licensed agent, broker or solicitor has for any cause raised a reasonable question as to the competence of the licensee or of any natural person designated to exercise the license powers of a firm or corporate licensee, the commissioner may require, as a condition to continuation of the license, that the licensee or natural person take and pass to the commissioner's satisfaction a written examination as required under this chapter of natural persons who intend to apply for a similar license. 4. The commissioner may by regulation require the successful completion of a reasonable number of appropriate courses of study as a condition to continuation of any license to which this section applies. 5. The license of a managing general agent for a particular insurer or underwriter's department must be terminated by the commissioner upon written request by that insurer or department. 6. This section does not apply to temporary licenses issued under NRS 683A.300. Sec. 68. NRS 684A.160 is hereby amended to read as follows: 684A.160 Before the issuance or continuation of an adjuster's license the applicant must pay a fee of $15 for \deposit in\\ the \insurance\\ recovery [fund.] \account created by NRS 679B.305.\\ Sec. 69. NRS 685A.120 is hereby amended to read as follows: 685A.120 1. No person in this state may act as, hold himself out as, or be a surplus lines broker with respect to subjects of insurance resident, located or to be performed in this state or elsewhere unless he is licensed as such by the commissioner pursuant to this chapter. 2. Any person who has been licensed by this state as a resident broker for general lines for at least 6 months and who is deemed by the commissioner to be competent and trustworthy with respect to the handling of surplus lines may be licensed as a surplus lines broker upon: (a) Application for a license and payment of the applicable fee for a license and a fee of $15 for \deposit in\\ the \insurance\\ recovery [fund;] \account created by NRS 679B.305;\\ and (b) Passing any examination prescribed by the commissioner on the subject of surplus lines. 3. Application for the license must be made to the commissioner on forms designated and furnished by him. 4. A license issued pursuant to this chapter continues in force for 3 years unless it is suspended, revoked or otherwise terminated. The license may be renewed by payment of the applicable fee for renewal and a fee of $15 for \deposit in\\ the \insurance\\ recovery [fund] \account created by NRS 679B.305\\ to the commissioner on or before the last day of the month in which the license is renewable. 5. A license which is not renewed expires at midnight on the last day specified for its renewal. The commissioner may accept a request for renewal received by him within 30 days after the expiration of the license if the request is accompanied by a fee for renewal of 150 percent of the fee otherwise required and a fee of $15 for \deposit in\\ the \insurance\\ recovery [fund.] \account created by NRS 679B.305.\\ Sec. 70. NRS 686C.280 is hereby amended to read as follows: 686C.280 1. The association shall issue to each insurer paying an assessment under this chapter a certificate of contribution, in a form prescribed by the commissioner, for the amount so paid. All outstanding certificates are of equal dignity and priority without reference to \the\\ amounts or dates of issue. A member insurer may show a certificate of contribution as an asset in its financial statement in such form, for such amount \,\\ if any, and for such period as the commissioner may approve. 2. A member insurer may offset against its liability for premium tax to this state, accrued with respect to business transacted in a calendar year, an amount equal to 20 percent of the amount certified pursuant to subsection 1 in each of the 5 calendar years following the year in which the assessment was paid. If an insurer ceases to transact business, it may offset all uncredited assessments against its liability for premium tax for the year in which it so ceases. 3. Any sum acquired by refund from the association pursuant to NRS 686C.260 which [theretofore] \previously\\ had been written off by the contributing insurer and offset against premium taxes as provided in subsection 2 must be paid to the [commissioner and by him] \department of taxation and\\ deposited \by it\\ with the state treasurer for credit to the state general fund. The association shall notify the commissioner \and the department of taxation\\ of each refund made. Sec. 71. NRS 692A.104 is hereby amended to read as follows: 692A.104 Before the issuance or renewal of a license as a title agent or escrow officer the applicant must pay a fee of $15 for \deposit in\\ the \insurance\\ recovery [fund.] \account created by NRS 679B.305.\\ Sec. 72. NRS 696A.300 is hereby amended to read as follows: 696A.300 1. Each license for a club agent issued under this chapter continues in force for 3 years unless it is suspended, revoked or otherwise terminated. A license may be renewed upon payment \to the commissioner\\ of the applicable fee for renewal and a fee of $15 for \deposit in\\ the \insurance\\ recovery [fund to the commissioner. The fee] \account created by NRS 679B.305. The fees\\ must be paid on or before the last day of the month in which the license is renewable. 2. Any license not so renewed expires at midnight on the last day specified for its renewal. The commissioner may accept a request for renewal received by him within 30 days after the expiration of the license if the request is accompanied by a fee for renewal of 150 percent of the fee otherwise required and the fee of $15 for \deposit in\\ the \insurance\\ recovery [fund.] \account created by NRS 679B.305.\\ 3. The commissioner shall collect in advance and deposit with the state treasurer for credit to the state general fund the following fees for licensure as a club agent: (a) Application and license........................... $7 8 (b) Appointment by each motor club.................... 5 (c) Triennial renewal of each license................. 78 Sec. 73. NRS 711.285 is hereby amended to read as follows: 711.285 A local government may recover from a person who is convicted [of violating] \pursuant to\\ subsection 3 of NRS 711.270 a civil penalty of not more than $50,000 for the first violation, and for the second or subsequent violation a civil penalty of not more than $100,000. This penalty is in addition to any other civil or criminal penalty provided in NRS 711.270 or 711.280. Sec. 74. NRS 193.0135 is hereby repealed. Sec. 75. Section 2 of this act becomes effective at 12:01 a.m. on October 1, 1995. -30-