AB 130 — Revises various provisions relating to guardianships. (BDR 13-524)

or (b) Time reported as a total amount of time spent on multiple tasks,tas7., ratherrAny thanfees anpaid itemizationby ofa thethird timeparty, spentincluding, onwithouth each task.

7.limitation, a trust of which the estate is a beneficiary, must be disclosed to and approved by the court.

Any fees paid by a third party, including, without limitation, a trust of which the estate is a beneficiary, must be disclosed to and approved by the court.

In addition to any payment provided to a person pursuant to this section for the services of an attorney, a person may receive - *AB130_R3* – 6 – payment for ordinary costs and expenses incurred in the scope of the attorney’s representation.

If the court determines that there is no prevailing party, the court may authorize a portion of each party’s - 79th Session (2017) – 6 – attorney’s fees and costs to be paid from the guardianship estate if the court determines that such fees and costs are just, reasonable and necessary given the nature of any issues in dispute.

If an attorney is appointed by the court in a guardianship proceeding, he or she may petition the court for compensation for his or her services from the guardianship estate in accordanceaccordancefor with the procedure set forth in this section.

159.015 “Court” means any court or judge having jurisdiction of the persons and estates of minors, [incompetent] persons [,] who areareSec. incapacitated or persons of limited capacity.

Sec.7.citNRS 159.019 is hereby amended to read as follows:

7.

NRS 159.019 is hereby amended to read as follows:

The term includes a person who is mentally - *AB130_R3* – 7 – incapacitated.] to receive and evaluate information or make or communicate decisions to such an extent that the person lacks the ability to meet essential requirements for physical health, safety or self-care without appropriate assistance.

Except as otherwise provided in this section, by specific statute or as ordered by the court, a petitioner in a - 79th Session (2017) – 7 – guardianship proceeding shall give notice of the time and place of the hearing on any petition filed in the guardianship proceeding to:

(a) Any [minor] ward who is 14 years of age or older [.] , regardless of whether the ward is considered to have the capacity to understand(b) orThe appreciateparent theor contentslegal guardian of theany petition.minor ward who is less than 14 years of age.

(b) The parent or legal guardian of any minor ward who is less than 14 years of age.

The petitioner shall give notice not later than 10 days before the(a) By mailing a copy of the datenotice setby forcertified, registered or ordinary first-class mail to the hearing:residence, office or post office address of each person required to be notified pursuant to this section;

(a) By mailing a copy of the notice by certified, registered or ordinary first-class mail to the residence, office or post office address of each person required to be notified pursuant to this section;

Except as otherwise provided in this subsection, if none of the persons entitled to notice of a hearing on a petition pursuant to - *AB130_R3* – 8 – this section can, after due diligence, be served by certified mail or personal service and this fact is proven by affidavit to the satisfaction of the court, service of the notice must be made by publication in the manner provided by N.R.C.P.

In all such cases, the notice must be published not later than 10 days before the - 79th Session (2017) – 8 – date set for the hearing.

If, after the appointment of a guardian, a search for relatives of the ward listed in paragraph (c) of subsection 1 fails to find any such relative, the court may waive the notice by publication required by this subsection.

4.of giving notice.cause shown, the court may waive the requirement 5.

For good cause shown, the court may waive the requirement of giving notice.

5.

and (2)(c) WithinThe theparents secondand degreecustodian of consanguinity;the proposed ward;

(c) The parents and custodian of the proposed ward;

- *AB130_R3* – 9 – 3.

A person who serves notice upon a proposed ward pursuant to paragraph (a) of subsection 2 shall file with the court - 79th Session (2017) – 9 – an affidavit stating that he or she served notice upon the proposed ward in accordance with the provisions of NRS 159.0475.

A copy of the citation issued pursuant to NRS 159.047 , together with a copy of the petition filed under NRS 159.044, must be served :

[by:][by:]of the petition filed under NRS (a) Except as otherwise ordered by the court, on a proposed ward who is 14 years of age or older by personal service in the manner provided pursuant to N.R.C.P.

A citation and petition need not be served on a person or an officer of the care provider who has signed the petition or a written waiver of service of the citation and petition or who makes a generalgen4.al appearance.The court may find that notice is sufficient if:

4.

The court may find that notice is sufficient if:

- *AB130_R3*79th Session (2017) – 10 – Sec.

Proposed ward may be adjudged to be [incompetent] incapacitatedappointed orfor ofthe limitedproposed capacityward;city and a guardian may be appointed2. for the proposed ward;

2.

If an adult ward or proposed adult ward is unable to retain legal counsel and requests the appointment of counsel at any stage in a guardianship proceeding and whether or not the adult ward or proposed adult ward lacks or appears to lack capacity, the courtcourtr shall, at or before the time of the next hearing, appoint an attorney who works for legal aid services, if available, or a private attorney to represent the adult ward or proposed adult ward.

Unless the court determines that the adult ward or proposed adult ward does not have the ability to pay such compensation and expenses or the court shifts the responsibility of payment to a third party, the compensation and expenses must be paid from the estate of the adult ward or proposed adult ward, unless the compensation and expenses are provided for - 79th Session (2017) – 11 – or paid by another person or entity.

If the court finds that a person has unnecessarily or unreasonably caused the appointment of an - *AB130_R3* – 11 – attorney, the court may order the person to pay to the estate of the adult ward or proposed adult ward all or part of the expenses associatedintends withto seek compensation from the appointmentestate of the attorney.adult ward or proposed adult ward must follow the procedure established in section 3 of this act.

Any attorney who intends to seek compensation from the estate of the adult ward or proposed adult ward must follow the procedure established in section 3 of this act.

If the court finds that the proposed ward [to be] is of limited capacity and is in need of a special guardian, the court shall enter an orderguardian.ordingly accordingly and specify the powers and duties of the special guardian.3.

3.

If a court makes a finding pursuant to this section that the proposed ward is a person with a mental defect, the court shall include the finding in the order appointing the guardian and cause, within 5 business days after issuing the order, a record of the order to be transmitted to the - 79th Session (2017) – 12 – Central Repository for Nevada Records of Criminal History, along with a statement indicating that the record is being transmitted for inclusion in each appropriate database of the National Instant Criminal Background Check System.

- *AB130_R3* – 12 – 2.

As used in this section:

(a) The ability of the nominated person, relative or other person to provide for the basic needs of the adult, including, without limitation,lim(b) food,Whether shelter,the clothingnominated andperson, medicalrelative care;or other person has engaged in the habitual use of alcohol or any controlled substance during the previous 6 months, except the use of marijuana in accordance with the provisions of chapter 453A of NRS;

(b) Whether the nominated person, relative or other person has engaged in the habitual use of alcohol or any controlled substance during the previous 6 months, except the use of marijuana in accordance with the provisions of chapter 453A of NRS;

and (e) Whether the nominated person, relative or other person has been convicted in this State or any other jurisdiction of a felony, - 79th Session (2017) – 13 – unless the court determines that any such conviction should not disqualify the person from serving as guardian for the adult.

If the court finds that two or more nominated persons are qualified and suitable to be appointed as guardian for an adult, the court may appoint two or more nominated persons as co-guardians - *AB130_R3* – 13 – or shall give preference among them in the following order ofofns preference:

In considering preferences of appointment, the court may consider relatives of the halfconsider bloodany equallyrelative within thosethe offollowing theorder wholeof blood.preference:

The court may consider(1) anyA relativespouse inor thedomestic followingpartner. order of preference:

(1) A spouse or domestic partner.

- 79th Session (2017) – 14 – (d) Any recommendation made by a master of the court or special master pursuant to NRS 159.0615.

(e) Any request for the appointment of any other interested person that the court deems appropriate, including, without limitation, a person who is not a relative and who has a power of attorney executed by the adult while [competent.] he or she was not incapacitated.

- *AB130_R3* – 14 – 5.

(b) The court shall order the guardian to designate a registered agent in this State in the same manner as a represented entityentitytered pursuant to chapter 77 of NRS;

- 79th Session (2017) – 15 – 7.

(1) There is a public guardian in the county where the adult resides;

andandhere is a public guardian in the county where the adult (2) The adult qualifies for a public guardian pursuant to chapter 253 of NRS;

- *AB130_R3* – 15 – (b) A private fiduciary who may obtain a bond in this State and who is a resident of this State, if the court finds that the interests of the adult will be served appropriately by the appointment of a private fiduciary;

(a) “Adult” means a person who is a ward or a proposed ward andand(b) who“Domestic ispartner” notmeans a minor.person in a domestic partnership.

(b) “Domestic partner” means a person in a domestic partnership.

(1) Nominates for the appointment as guardian for the adult in a will, trust or other written instrument that is part of the adult’s - 79th Session (2017) – 16 – established estate plan and was executed by the adult while [competent.] he or she was not incapacitated.

(2) Requests for the appointment as guardian for the adult in a written instrument that is not part of the adult’s established estate plan and was executednot byincapacitated.by the adult while [competent.] he or she was(e) not“Relative” incapacitated.means a person who is 18 years of age or older and who is related to the adult by blood, adoption, marriage or domestic partnership within the third degree of consanguinity or affinity.

(e)Sec. “Relative” means a person who is 18 years of age or older and who is related to the adult by blood, adoption, marriage or domestic partnership within the third degree of consanguinity or affinity.

- *AB130_R3* – 16 – Sec.

(1) The asset is the only liquid asset available with which to pay for the proper care, maintenance, education and support of the to ward;

The court shall not authorize or require the guardian to exercise the right to - 79th Session (2017) – 17 – revoke or modify a revocable trust if the instrument governing the trust:

(2) Provides expressly that a guardian may not revoke or modify the trust;

orexpressly that a guardian may not revoke or (3) Otherwise evidences an intent that would be inconsistent with authorizing or requiring the guardian to exercise the right to revoke or modify the trust.

- *AB130_R3* – 17 – 3.

The petition must contain, to the extent known by the petitioner:pet(a) The name, date of birth and current address of the ward;

(a) The name, date of birth and current address of the ward;

- 79th Session (2017) – 18 – (2) Convert money, assets or property of the ward with the intention of permanently depriving the ward of the ownership, use, benefit or possession of the ward’s money, assets or property.

¬ As used in this paragraph, “undue influence” does not include the normalnor(b) influence“Fraud” thatmeans onean memberintentional misrepresentation, deception or concealment of a familymaterial hasfact overknown another.to the person with the intent to deprive the ward of the ward’s rights or property or to otherwise injure the ward.

(b) “Fraud” means an intentional misrepresentation, deception or concealment of a material fact known to the person with the intent to deprive the ward of the ward’s rights or property or to otherwise injure the ward.

- *AB130_R3* – 18 – Sec.

and (b) Be served, without limitation, on the ward and any attorney forfor3.he The court may prescribe the wardform .and contents for filing a report described in subsection 1.

[, if any.] 3.

The court may prescribe the form and contents for filing a report described in subsection 1.

- 79th Session (2017) – 19 – 2.

3.be endorsed or attached to the inventory, before any personh must authorized to administer oaths, that the inventory contains a true statement of:

The guardian shall take and subscribe an oath, which must be endorsed or attached to the inventory, before any person authorized to administer oaths, that the inventory contains a true statement of:

- *AB130_R3* – 19 – 5.

If the guardian neglects or refuses to file the inventory within the time required pursuant to subsection 1, the court may, for goodappropriate:hown cause shown and upon such notice as the court deems appropriate:(a) Revoke the letters of guardianship and the guardian shall be liable on the bond for any loss or injury to the estate caused by the neglect of the guardian;

(a) Revoke the letters of guardianship and the guardian shall be liable on the bond for any loss or injury to the estate caused by the neglect of the guardian;

The bank or other financial institution shall accept the copy of the court order appointing the guardian and letters of guardianship as proof of guardianship and allow the guardian access - 79th Session (2017) – 20 – to the account or other assets of the ward, subject to any limitations set forth in the court order.

Unless the bank or other financial institution is a party to the guardianship proceeding, the bank or other financial institution is notnot(a) entitled[Competency] toCapacity aevaluation copyof the ward or any other confidential information concerning the medical condition or the placement of any:the ward;

(a) [Competency] Capacity evaluation of the ward or any other confidential information concerning the medical condition or the placement of the ward;

- *AB130_R3* – 20 – 2.

159.097 Any contract, except to the extent of the reasonable value of necessaries, and any transaction with respect to the property of a ward made by the ward are voidable by the guardian of thetheproperty estate if such contract or transaction was made at any time by the ward while [an incompetent] he or she was incapacitated or a minor.

- 79th Session (2017) – 21 – 2.

[3.commencement and administration of the guardianship of the estate:

Claims for attorney’s fees which are associated with the commencement and administration of the guardianship of the estate:

- *AB130_R3* – 21 – (a) Give the name of the ward.

and (b) Confirmed] confirmed by the court pursuant to NRS 159.146 before escrow closes for the sale and title to the real property passes to the purchaser.

The court may, in its - 79th Session (2017) – 22 – discretion, allow oral objections to the confirmation of the sale on the date of the hearing for confirmation of the sale.

Before the court confirms a sale, the court must find that notice of the sale was given in the manner required pursuant to NRS 159.1425from [,notice 159.1435]pursuant andto 159.144,NRS unless159.123.nless the sale was exempt fromSec. notice pursuant to NRS 159.123.

Sec.

and - *AB130_R3* – 22 – (c) Must be authorized by the court by confirmation of the sale.

Sec.159.1415 N1.

26.1[When an offer] Except as otherwise provided:

in subsection 10 of NRS 159.1415159.146, isif herebya amendedcontract of sale to readpurchase asreal follows:property of a guardianship estate is presented to the court for confirmation:

159.1415 1.

[When an offer] Except as otherwise provided in subsection 10 of NRS 159.146, if a contract of sale to purchase real property of a guardianship estate is presented to the court for confirmation:

- 79th Session (2017) – 23 – Sec.

If a ward owns real property jointly with one or more other persons, after the court grants authority to sell the property, the interest owned by the ward may be sold to one or more joi(a) All joint owners of the property onlyhave if:been given notice that the court has granted the authority to sell the property;

(a) All joint owners of the property have been given notice that the court has granted the authority to sell the property;

[or] - *AB130_R3* – 23 – (b) If a newspaper is not published in [that] the county [:] in which the property, or some portion of the property, is located:

or (c)than On30 adays.ublic public property listing service for a period of not less than2. 30 days.

2.

- 79th Session (2017) – 24 – 4.

or (b) All devisees or heirs of the estate consent to the waiver in writing.wri5.ng.Publication for the sale of real property is not required pursuant to this section if the property to be sold is reasonably believed to have a net value of $10,000 or less.

5.

Publication for the sale of real property is not required pursuant to this section if the property to be sold is reasonably believed to have a net value of $10,000 or less.

- *AB130_R3* – 24 – Sec.

Except for the sale of real property pursuant to NRS 159.123 or 159.142, a sale of real property of a guardianship estateest(a) :Must not occur before the date stated in the notice.

[at a private sale:] (a) Must not occur before the date stated in the notice.

- 79th Session (2017) – 25 – (1) After] after the date of the first publication or posting of the notice .

159.1455the 1.court shall not confirm a sale of real property of a guardianship estate [at a private sale] unless:

Except as otherwise provided in subsection 2, the court shall not confirm a sale of real property of a guardianship estate [at a private sale] unless:

and - *AB130_R3* – 25 – (b) Examine the return on the investment and the evidence submittedsub2.tteThe incourt relationshall confirm the sale and order conveyances to be executed if it appears to the sale.court that:

2.

The court shall confirm the sale and order conveyances to be executed if it appears to the court that:

- 79th Session (2017) – 26 – 4.

or (c) May accept a written offer or bid from a responsible person and confirm the salelaws toof thethis personstate ifand exceeds the writtenoriginal offerbid:fer complies with the(1) lawsBy ofat thisleast state5 andpercent exceedsif the originalbid bid:is less than $100,000;

(1) By at least 5 percent if the bid is less than $100,000;

(a) An additional $5,000, if the original offer is for $100,000 or more;mor(b) An additional $250 if the original offer is less than $100,000.

or - *AB130_R3* – 26 – (b) An additional $250 if the original offer is less than $100,000.

The date of the close of escrow must be at least 10 judicial days after the date that the notice of the entry of order confirming the sale is filed with the clerk of the court unless the contract - 79th Session (2017) – 27 – specifies a later date.

If the estate owes more than the value of the property and the estate has made an agreement with all lienholders to accept the sale price and waive any deficiency between the sale price and the amount owed to all lienholders, the sale must bebee confirmed without the potential for bidding in court.

A guardian [is responsible for the actual value] may authorize the immediate destruction of the personal property [unless the guardian obtains confirmation by the court of the sale.] of a(a) wardThe withoutguardian noticedetermines if:that the property has been contaminated by vermin or biological or chemical agents;

(a)(b) The guardianexpenses determinesrelated thatto the propertydecontamination hasof beenthe contaminatedproperty bycause verminsalvage orto biologicalbe orimpractical; chemical agents;

- *AB130_R3* – 27 – (b) The expenses related to the decontamination of the property cause salvage to be impractical;

- 79th Session (2017) – 28 – Sec.

(a) Given(1) toWard the:if he or she is 14 years of age or older;

(1) Ward if he or she is 14 years of age or older;

(a) The notice of a public sale must be published not less than three times before the date of the sale, over a period of 14 days and 7 days apart.

4.(a) [For a public sale:clude, without limitation:

The notice must include, without limitation:

(a) [For a public sale:

and - *AB130_R3* – 28 – (2) The date, time and location that offers will be [accepted.

- 79th Session (2017) – 29 – 5.

159.154ward 1.[by public sale] at:dian may sell the personal property of a (a) The residence of the ward;

The guardian may sell the personal property of a ward [by public sale] at:

(a) The residence of the ward;

The family members of the ward and any interested persons must be offered the first right of refusal to acquire the personalperSec. property of the ward at fair market value.

Sec.35.operNRS 159.173 is hereby amended to read as follows:

35.159.173 If a guardian of the estate sells or transfers any real or personal property that is specifically devised or bequeathed by the ward or which is held by the ward as a joint tenancy, designated as being held by the ward in trust for another person or held by the ward as a revocable trust and the ward [was competent] had the capacity to make a will or create the interest at the time the will or interest was created, but [was not competent] did not have the capacity to make a will or create the interest at the time of the sale or transfer and never executed a valid later will or changed the manner in which the ward held the interest, the devisee, beneficiary or legatee may elect to take the proceeds of the sale or other transfer of the interest, specific devise or bequest.

NRS- 159.17379th isSession hereby(2017) amended– to30 read– asSec. follows:

159.173 If a guardian of the estate sells or transfers any real or personal property that is specifically devised or bequeathed by the ward or which is held by the ward as a joint tenancy, designated as being held by the ward in trust for another person or held by the ward as a revocable trust and the ward [was competent] had the capacity to make a will or create the interest at the time the will or interest was created, but [was not competent] did not have the capacity to make a will or create the interest at the time of the sale - *AB130_R3* – 29 – or transfer and never executed a valid later will or changed the manner in which the ward held the interest, the devisee, beneficiary or legatee may elect to take the proceeds of the sale or other transfer of the interest, specific devise or bequest.

Sec.

(a) Reasonable compensation for the guardian’s services;

Any compensation or expenses, including, without limitation, attorney’s fees, must not be paid from the estate of the ward unless and until the payment of such fees is approved by thethethe court pursuant to this section or section 3 of this act, as applicable.

- *AB130_R3* – 30 – (a) The guardian has become mentally [incompetent,] incapacitated, unsuitable or otherwise incapable of exercising the - 79th Session (2017) – 31 – authority and performing the duties of a guardian as provided by law;

(b) The guardian is no longer qualified to act as a guardian pursuant to NRS 159.0613 if the ward is an adult or NRS 159.061 if thethe(c) wardThe isguardian ahas minor;filed for bankruptcy within the previous 5 years;

(c) The guardian has filed for bankruptcy within the previous 5 years;

In a guardianship proceeding in this State, a courtto ofdo thisany Stateof maythe requestfollowing:uest the appropriate court of another state to(a) doHold anyan ofevidentiary thehearing; following:

(a) Hold an evidentiary hearing;

(f) Issue any order necessary to ensure the appearance in the proceeding of a person whose presence is necessary for the court to - *AB130_R3*79th Session (2017) – 3132 – make a determination, including the proposed ward, the ward or the [incompetent;] person who is incapacitated;

and (g) Issue an order authorizing the release of medical, financial, criminal or other relevant information in that state relating to the ward or proposed ward, including protected health information as defined in 45 C.F.R.

§ 160.103.160.103.g protected health information as 2.

2.

(b) Unit of current assignment;

andand; (d) Social security number or service number, ¬ of the parent who is the member.

(d) Social security number or service number, ¬ of the parent who is the member.

- 79th Session (2017) – 33 – (a) If the physician diagnoses a patient with a terminal condition;

- *AB130_R3* – 32 – (b) If the physician determines, for any reason, that a patient has a life expectancy of less than 5 years;

or (c)2.) AtAUpon the requestoccurrence of aany patient.of the events specified in subsection 1, the physician shall explain to the patient:

2.

Upon the occurrence of any of the events specified in subsection 1, the physician shall explain to the patient:

(a) The patient who executed it, if [competent,] not incapacitated, without regard to his or her age or physical condition;condition;t (b) If the patient is [incompetent,] incapacitated, the representative of the patient;

(b) If the patient is [incompetent,] incapacitated, the representative of the patient;

- 79th Session (2017) – 34 – Sec.

Except as otherwise provided in this section and NRS 449.6946, a provider of health care shall comply with a valid Physician Order for Life-Sustaining Treatment form, regardless of - *AB130_R3* – 33 – whether the provider of health care is employed by a health care facility or other entity affiliated with the physician who executed the POLST form.

Sec.616C.505 NIf an injury by accident arising out of and in the course of employment causes the death of an employee in the employ of an employer, within the provisions of chapters 616A to 616D, inclusive, of NRS, the compensation is known as a death benefit and is payable as follows:

43.

NRS 616C.505 is hereby amended to read as follows:

616C.505 If an injury by accident arising out of and in the course of employment causes the death of an employee in the employ of an employer, within the provisions of chapters 616A to 616D, inclusive, of NRS, the compensation is known as a death benefit and is payable as follows:

Except as otherwise provided in subsection 3, to the surviving spouse of the deceased employee, 66 2/3 percent of the - 79th Session (2017) – 35 – average monthly wage is payable until the death of the surviving spouse.

If there is a surviving spouse and any surviving children of the deceased employee who are not the children of the surviving spouse, the compensation otherwise payable pursuant to subsection 2 must be paid as follows until the entitlement of all children of the - *AB130_R3* – 34 – deceased employee to receive compensation pursuant to this subsection ceases:

If there are any surviving children of the deceased employee under the age of 18 years, but no surviving spouse, then each such child is entitled to his or her proportionate share of 66 2/3 percent of thethe6.verExcept averageas monthlyotherwise wageprovided forin subsection 7, if there is no surviving spouse or child under the supportage of the18 child.years, there must be paid:

6.

Except as otherwise provided in subsection 7, if there is no surviving spouse or child under the age of 18 years, there must be paid:

- 79th Session (2017) – 36 – 7.

The aggregate compensation payable pursuant to subsection 6 must not exceed 66 2/3 percent of the average monthly wage.

(a) The extent of the dependency must be determined in accordance with the facts existing at the time of the injury.

(b) If the deceased employee leaves dependents only partially dependent upon the earnings of the deceased employee for support - *AB130_R3* – 35 – at the time of the injury causing his or her death, the monthly compensation to be paid must be equal to the same proportion of the monthly payments for the benefit of persons totally dependent as the amount contributed by the deceased employee to the partial dependents bears to the average monthly wage of the deceased employee at the time of the injury resulting in his or her death.

If a dependent is entitled to receive a death benefit pursuant to this section and is less than 18 years of age or [incompetent,] incapacitated, the legal representative of the dependent shall petition for a guardian to be appointed for that dependent pursuant to NRS 159.044.

- 79th Session (2017) – 37 – The court shall review the guardianship at least once every 3 years.

Except as otherwise provided in paragraphs (a) and (b), the entitlement of any child to receive his or her proportionate share of compensation pursuant to this section ceases when the child dies,dies,e of marries or reaches the age of 18 years.

- *AB130_R3* – 36 – (a) Over 18 years of age and incapable of supporting himself or herself, until such time as the child becomes capable of supporting himself or herself;

There is hereby appropriated from the State General Fund to the Nevada Supreme Court to pay the costs of the State Guardianship Compliance Office created by section 4 of this act:

Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 21, 2018, and September 20, 2019, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, - 79th Session (2017) – 38 – and must be reverted to the State General Fund on or before SeptemberSepSec. 21, 2018, and September 20, 2019, respectively.

44.1, 2NRS 159.1435 is hereby repealed.pectively.

44.

NRS 159.1435 is hereby repealed.

Sec.

-~~~~~ *AB130_R3*17 –- 3779th –Session TEXT(2017) OF REPEALED SECTION 159.1435 Public auction for sale of real property:

Where held;

postponement.

1.

Except for a sale pursuant to NRS 159.123 or 159.142, a pub(a) In the county in which the property is located or, if the real property is located in two or more counties, in either county;

(b) Between the hours of 9 a.m.

and 5 p.m.;

and (c) On the date specified in the notice, unless the sale is postponed.

2.

If, on or before the date and time set for the public auction, the guardian determines that the auction should be postponed:

after the date first set for the auction;

andore than 3 months (b) Notice of the postponement must be given by a public declaration at the place first set for the sale on the date and time that was set for the sale.

H - *AB130_R3*