[Rev. 8/25/2020 1:23:56 PM]
κ2020 Statutes of Nevada, 32nd Special Session, Page 1κ
LAWS OF THE STATE
OF NEVADA
Passed at the
THIRTY-SECOND SPECIAL SESSION OF THE LEGISLATURE
2020
________
Assembly Bill No. 1Committee of the Whole
CHAPTER 1
[Approved: August 2, 2020]
AN ACT relating to statutes; ratifying certain technical corrections made to sections of NRS and Statutes of Nevada; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Sections 1-3 of this bill correct an error in chapter 255, Statutes of Nevada 2019 (A.B. 431), at pages 1455-58. A.B. 431 revised the right to vote of convicted persons so that any convicted person who is not incarcerated, including, without limitation, any person who is placed on probation, granted parole, granted a pardon or released from prison after completing a sentence of imprisonment, is immediately restored to the right to vote. A.B. 431 inadvertently failed to include this restoration of the right to vote in the correct section. To correct this clerical error and ensure that the intended persons are restored to the right to vote, NRS 213.157 was codified to clarify that a person who is placed on probation, granted parole or granted a pardon is immediately restored to the right to vote to be consistent with the other provisions in the bill. NRS 293.540 also was codified so that it is clear that a persons right to vote may only be suspended if the person is incarcerated. Section 7 of A.B. 431, which is added to NRS as a revisers note, was codified to clarify that any person convicted before the effective date of the bill who is not incarcerated and has not already had his or her right to vote restored, is restored to the right to vote.
Section 4 of this bill corrects an error in chapter 600, Statutes of Nevada 2019 (S.B. 151), at page 3912. Section 1.7 of S.B. 151 increases the period for a tenant to act after receiving a notice to pay rent or surrender the premises from at or before noon on the fifth full day to before the close of business of the court that has jurisdiction on the seventh judicial day. Sections 1 and 1.7 of S.B. 151 maintained the requirement that a tenant of commercial premises pay rent or surrender the premises at or before noon on the fifth full day after service of the notice. However, S.B. 151 inadvertently failed to amend accordingly NRS 40.2512, which provides that a tenant commits an unlawful detainer when the tenant continues in possession of the premises without paying rent within the required period. To correct this technical error, section 4 amends NRS 40.2512 to include the applicable periods within which a tenant who is in default in the payment of rent is required to pay the required rent or surrender the premises.
κ2020 Statutes of Nevada, 32nd Special Session, Page 2 (CHAPTER 1, AB 1)κ
Sections 5-7 of this bill correct an error in chapter 611, Statutes of Nevada 2019 (S.B. 161), at pages 3997-99. Sections 42.5, 43.3 and 43.7 of S.B. 161 exempt an Internet lender that makes loans exclusively through the Internet from: (1) the requirement set forth in NRS 675.090 to have a licensed office or place of business located in this State in order to obtain a license to engage in the business of lending for an office or place of business located outside this State; and (2) the prohibition set forth in NRS 675.230 against conducting the business of making loans in the same office or place of business at which certain other types of business are conducted. These sections of S.B. 161 inadvertently excluded the word business and, thus, failed to refer to an Internet business lender that makes business loans exclusively through the Internet. To correct this typographical error, sections 5-7 amend sections 42.5, 43.3 and 43.7 of S.B. 161 to use the term Internet business lender and define the term Internet business lender to mean a person who makes business loans exclusively through the Internet.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 3 of chapter 255, Statutes of Nevada 2019, at page 1455, is hereby amended to read as follows:
Sec. 3. NRS 213.157 is hereby amended to read as follows:
213.157 1. [Except as otherwise provided in subsection 2, a] A person convicted of a felony [in the State of Nevada who] :
(a) Who is placed on probation, granted parole or granted a pardon is immediately restored to the right to vote;
(b) Who has served his or her sentence and has been released from prison:
[(a)] (1) Is immediately restored to the right to serve as a juror in a civil action.
[(b) Except as otherwise provided in paragraph (c), is]
(2) Is immediately restored to the right to vote.
[(c) Two years after the date of his or her release from prison, is restored to the right to vote if the person has previously been convicted in this State:
(1) Of a category B felony involving the use of force or violence.
(2) Of an offense involving the use of force or violence that would constitute a category B felony if committed as of the date of his or her release from prison.
(d)] (3) Four years after the date of his or her release from prison, is restored to the right to hold office.
[(e)] (4) Six years after the date of his or her release from prison, is restored to the right to serve as a juror in a criminal action.
2. [Except as otherwise provided in this subsection, the civil rights set forth in subsection 1 are not restored to a person who has been released from prison if the person has previously been convicted in this State:
(a) Of a category A felony.
(b) Of an offense that would constitute a category A felony if committed as of the date of his or her release from prison.
(c) Of a category B felony involving the use of force or violence that resulted in substantial bodily harm to the victim.
κ2020 Statutes of Nevada, 32nd Special Session, Page 3 (CHAPTER 1, AB 1)κ
(d) Of an offense involving the use of force or violence that resulted in substantial bodily harm to the victim and that would constitute a category B felony if committed as of the date of his or her release from prison.
(e) Two or more times of a felony, unless a felony for which the person has been convicted arose out of the same act, transaction or occurrence as another felony, in which case the convictions for those felonies shall be deemed to constitute a single conviction for the purposes of this paragraph.
Κ A person described in this subsection may petition a court of competent jurisdiction for an order granting the restoration of his or her civil rights as set forth in subsection 1.
3. Except for a person subject to the limitations set forth in subsection 2, upon] Upon his or her release from prison, a person so released must be given an official document which provides:
(a) That the person has been released from prison;
(b) That the person is restored to his or her civil [rights to vote and] right to serve as a juror in a civil action as of the [applicable dates set forth in paragraphs (a), (b) and (c) of subsection 1;] date of his or her release from prison;
(c) The date on which his or her civil right to hold office will be restored to the person pursuant to subparagraph (3) of paragraph [(d)] (b) of subsection 1; and
(d) The date on which his or her civil right to serve as a juror in a criminal action will be restored to the person pursuant to subparagraph (4) of paragraph [(e)] (b) of subsection 1.
[4. Subject to the limitations set forth in subsection 2, a]
3. A person who has been released from prison in this State or elsewhere and whose official documentation of his or her release from prison is lost, damaged or destroyed may file a written request with a court of competent jurisdiction to restore his or her civil rights pursuant to this section. Upon verification that the person has been released from prison and is eligible to be restored to the civil rights set forth in subsection 1, the court shall issue an order restoring the person to the civil rights set forth in subsection 1. A person must not be required to pay a fee to receive such an order.
[5.] 4. A person who has been released from prison in this State or elsewhere may present:
(a) Official documentation of his or her release from prison, if it contains the provisions set forth in subsection [3;] 2; or
(b) A court order restoring his or her civil rights,
Κ as proof that the person has been restored to the civil rights set forth in subsection 1.
Sec. 2. Section 5 of chapter 255, Statutes of Nevada 2019, at page 1457, is hereby amended to read as follows:
Sec. 5. NRS 293.540 is hereby amended to read as follows:
293.540 1. The county clerk shall cancel the preregistration of a person:
(a) If the county clerk has personal knowledge of the death of the person or if an authenticated certificate of the death of the person is filed in the county clerks office.
κ2020 Statutes of Nevada, 32nd Special Session, Page 4 (CHAPTER 1, AB 1)κ
(b) At the request of the person.
(c) If the county clerk has discovered an incorrect preregistration pursuant to the provisions of NRS 293.5235 and the person has failed to respond within the required time.
(d) As required by NRS 293.541.
(e) Upon verification that the application to preregister to vote is a duplicate if the county clerk has the original or another duplicate of the application on file in the county clerks office.
2. The county clerk shall cancel the registration of a person:
(a) If the county clerk has personal knowledge of the death of the person or if an authenticated certificate of the death of the person is filed in the county clerks office.
(b) If the county clerk is provided a certified copy of a court order stating that the court specifically finds by clear and convincing evidence that the person lacks the mental capacity to vote because he or she cannot communicate, with or without accommodations, a specific desire to participate in the voting process.
(c) Upon the determination that the person has been convicted of a felony [unless:
(1) If the person was convicted of a felony in this State, the right to vote of the person has been restored pursuant to the provisions of NRS 213.090, 213.155 or 213.157.
(2) If the person was convicted of a felony in another state, the right to vote of the person has been restored pursuant to the laws of the state in which the person was convicted.] and is currently incarcerated.
(d) Upon the production of a certified copy of the judgment of any court directing the cancellation to be made.
(e) Upon the request of any registered voter to affiliate with any political party or to change affiliation, if that change is made before the end of the last day to register to vote in the election.
(f) At the request of the person.
(g) If the county clerk has discovered an incorrect registration pursuant to the provisions of NRS 293.5235, 293.530 or 293.535 and the elector has failed to respond or appear to vote within the required time.
(h) As required by NRS 293.541.
(i) Upon verification that the application to register to vote is a duplicate if the county clerk has the original or another duplicate of the application on file in the county clerks office.
Sec. 3. Section 7 of chapter 255, Statutes of Nevada 2019, at page 1458, is hereby amended to read as follows:
Sec. 7. Any person residing in this State who:
1. Before July 1, 2019, was placed on or discharged from probation [pursuant to NRS 176A.850,] , granted a pardon, granted or discharged from parole [pursuant to NRS 213.155] or released from prison ; [pursuant to NRS 213.157, as those sections existed before July 1, 2019;]
2. Is not [serving a sentence of imprisonment on July 1, 2019;] incarcerated; and
3. Has not already had his or her right to vote restored,
Κ is immediately restored the right to vote.
κ2020 Statutes of Nevada, 32nd Special Session, Page 5 (CHAPTER 1, AB 1)κ
Sec. 4. Chapter 600, Statutes of Nevada 2019, at page 3912, is hereby amended by adding thereto a new section to be designated as section 1.5, immediately following section 1.3, to read as follows:
Sec. 1.5. NRS 40.2512 is hereby amended to read as follows:
40.2512 1. Except as otherwise provided in subsection 2, a tenant of real property or a mobile home for a term less than life is guilty of an unlawful detainer when the tenant continues in possession, in person or by subtenant, after default in the payment of any rent and after a notice in writing, requiring in the alternative the payment of the rent or the surrender of the detained premises, remains uncomplied with for a period of [7 judicial days, or in the case of] :
(a) Five days for a commercial premise;
(b) Seven judicial days for real property other than a commercial premise; or
(c) Ten days for a mobile home lot, [10 days]
Κ after service thereof. The notice may be served at any time after the rent becomes due.
2. Except as otherwise provided in NRS 118A.315, the provisions of subsection 1 do not apply to a person who provides to the landlord proof that he or she is a federal worker, tribal worker, state worker or household member of such a worker during a shutdown.
Sec. 5. Section 42.5 of chapter 611, Statutes of Nevada 2019, at page 3997, is hereby amended to read as follows:
Sec. 42.5. NRS 675.020 is hereby amended to read as follows:
675.020 As used in this chapter, unless the context otherwise requires:
1. Amount of cash advance means the amount of cash or its equivalent actually received by a borrower or paid out at his or her direction or on his or her behalf.
2. Amount of loan obligation means the amount of cash advance plus the aggregate of charges added thereto pursuant to authority of this chapter.
3. Commissioner means the Commissioner of Financial Institutions.
4. Community means a contiguous area of the same economic unit or metropolitan area as determined by the Commissioner, and may include all or part of a city or several towns or cities.
5. Internet business lender means a person who makes business loans exclusively through the Internet.
6. License means a license, issued under the authority of this chapter, to make loans in accordance with the provisions of this chapter, at a single place of business.
[6.] 7. Licensee means a person to whom one or more licenses have been issued.
Sec. 6. Section 43.3 of chapter 611, Statutes of Nevada 2019, at page 3998, is hereby amended to read as follows:
Sec. 43.3. NRS 675.090 is hereby amended to read as follows:
675.090 1. Application for a license must be in writing, under oath, and in the form prescribed by the Commissioner.
κ2020 Statutes of Nevada, 32nd Special Session, Page 6 (CHAPTER 1, AB 1)κ
2. The application must:
(a) Provide the address of the office or other place of business for which the application is submitted.
(b) Contain such further relevant information as the Commissioner may require, including the names and addresses of the partners, officers, directors or trustees, and of such of the principal owners or members as will provide the basis for the investigations and findings contemplated by NRS 675.110 and 675.120.
3. A person may apply for a license for an office or other place of business located outside this State from which the applicant will conduct business in this State if [the applicant] :
(a) The applicant is an Internet business lender; or
(b) The applicant or a subsidiary or affiliate of the applicant has a license issued pursuant to this chapter for an office or other place of business located in this State . [and if the applicant submits]
4. A person who wishes to apply for a license pursuant to subsection 3 must submit with the application for a license a statement signed by the applicant which states that the applicant agrees to:
(a) Make available at a location within this State the books, accounts, papers, records and files of the office or place of business located outside this State to the Commissioner or a representative of the Commissioner; or
(b) Pay the reasonable expenses for travel, meals and lodging of the Commissioner or a representative of the Commissioner incurred during any investigation or examination made at the office or place of business located outside this State.
Κ The person must be allowed to choose between paragraph (a) or (b) in complying with the provisions of this subsection.
[4.] 5. The Commissioner shall consider an application to be withdrawn if the Commissioner has not received all information and fees required to complete the application within 6 months after the date the application is first submitted to the Commissioner or within such later period as the Commissioner determines in accordance with any existing policies of joint regulatory partners. If an application is deemed to be withdrawn pursuant to this subsection or if an applicant otherwise withdraws an application, the Commissioner may not issue a license to the applicant unless the applicant submits a new application and pays any required fees.
Sec. 7. Section 43.7 of chapter 611, Statutes of Nevada 2019, at page 3999, is hereby amended to read as follows:
Sec. 43.7. NRS 675.230 is hereby amended to read as follows:
675.230 1. Except as otherwise provided in [subsection] subsections 2 [,] and 3, a licensee may not conduct the business of making loans under this chapter within any office, suite, room or place of business in which any other business is solicited or engaged in, except an insurance agency or notary public, or in association or conjunction with any other business, unless authority to do so is given by the Commissioner.
2. A licensee may conduct the business of making loans pursuant to this chapter in the same office or place of business as a mortgage company if:
κ2020 Statutes of Nevada, 32nd Special Session, Page 7 (CHAPTER 1, AB 1)κ
(a) The licensee and the mortgage company:
(1) Operate as separate legal entities;
(2) Maintain separate accounts, books and records;
(3) Are subsidiaries of the same parent corporation; and
(4) Maintain separate licenses; and
(b) The mortgage company is licensed by this state pursuant to chapter 645B of NRS and does not receive money to acquire or repay loans or maintain trust accounts as provided by NRS 645B.175.
3. A licensee who is an Internet business lender may conduct the business of making loans pursuant to this chapter within any office, suite, room or place of business in which any other business is solicited or engaged in.
Sec. 8. This act becomes effective upon passage and approval.
________
Assembly Bill No. 2Committee of the Whole
CHAPTER 2
[Approved: August 2, 2020]
AN ACT relating to the Legislative Department of the State Government; enacting provisions governing the use by certain committees of remote-technology systems for conducting committee meetings during the public-health crisis caused by the COVID-19 pandemic; providing for the publication of certain joint resolutions proposing amendments to the Nevada Constitution under certain circumstances; revising and clarifying provisions governing the organization, operation and personnel of the Legislative Counsel Bureau; providing penalties; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, the Legislative Commission, the Interim Finance Committee and various other legislative committees conduct studies and investigations and perform other legislative business during the interim between legislative sessions. (Chapter 218E of NRS) Additionally, the staff of the Legislative Counsel Bureau serves as the primary administrative or professional staff for various advisory committees whose membership consists of Legislators, other public officials and interested citizens, including the Advisory Commission on the Administration of Justice and the Commission on Special License Plates. (NRS 176.0123, 482.367004)
Sections 2-9 of this bill enact provisions which apply during the public-health crisis caused by the COVID-19 pandemic and which govern the use by such interim, advisory and similar committees of remote-technology systems for committee meetings that enable persons from remote locations to attend, participate, vote or take any other action in the committee meetings even though the persons are not physically present at the committee meetings. However, sections 2-9 do not apply to the Legislature or session committees during a regular or special session because the use of remote-technology systems by the Legislature and session committees is governed by the rules adopted by the Houses pursuant to their constitutional authority to determine the rules of their proceedings. (Nev. Const. Art. 4, § 6)
Section 8 of this bill provides that each committee subject to sections 2-9 may conduct committee meetings through the use of authorized remote-technology systems, regardless of whether any physical location is made available for the committee meetings, and the members of the committee may attend, participate, vote or take any other action through the use of authorized remote-technology systems, regardless of whether the members are physically present at the committee meetings.
κ2020 Statutes of Nevada, 32nd Special Session, Page 8 (CHAPTER 2, AB 2)κ
committee meetings, and the members of the committee may attend, participate, vote or take any other action through the use of authorized remote-technology systems, regardless of whether the members are physically present at the committee meetings. Section 8 further provides that: (1) the committees must conform, to the extent practicable, with any other requirements for conducting the committee meetings which do not conflict with sections 2-9; and (2) the staff of the Legislative Counsel Bureau must make reasonable efforts to ensure that the public can hear or observe the committee meetings and participate in public comment during the committee meetings, except to the extent that such activity is otherwise subject to any lawful requirements or restrictions governing the committee meetings. Section 8 also provides that the members who use authorized remote-technology systems shall be deemed to be present and in attendance at the committee meetings for all purposes. Finally, section 8 authorizes committee chairs to take, direct or require any necessary and reasonable actions to carry out the committee meetings conducted through the use of authorized remote-technology systems.
Under existing law, a person commits the offense of unlawful interference with the legislative process if the person, without legal authority, willfully engages in conduct that: (1) prevents or attempts to prevent the Legislature or committees from conducting meetings; or (2) disturbs, disrupts or interferes with, or attempts to disturb, disrupt or interfere with, the meetings of the Legislature or committees. (NRS 218A.900, 218A.905) A person who commits such an offense is guilty of a gross misdemeanor and is also subject to injunctive relief, contempt citations and other remedies for the offense. (NRS 218A.900-218A.940)
Because the Legislature and session committees may use remote-technology systems when authorized pursuant to the rules adopted by the Houses, this bill amends the offense of unlawful interference with the legislative process to include prohibited acts that interfere with the use of remote-technology systems by the Legislature and session committees and any interim, advisory and similar committees subject to sections 2-9. Specifically, sections 9, 15 and 16 of this bill provide that a person commits the offense of unlawful interference with the legislative process if the person, without legal authority, willfully engages in conduct that: (1) prevents or attempts to prevent the use of remote-technology systems for any sessions or meetings of the Legislature or such committees; or (2) disturbs, disrupts, obstructs, tampers or interferes with, or attempts to disturb, disrupt, obstruct, tamper or interfere with, the use of remote-technology systems for any sessions or meetings of the Legislature or such committees. Sections 9, 15 and 16 further provide that a person who commits such an offense is guilty of a gross misdemeanor and is also subject to injunctive relief, contempt citations and other remedies for the offense.
Under the Nevada Constitution, in order for the Legislature to submit proposed state constitutional amendments to the voters for approval and ratification: (1) the Legislature must approve the proposed amendments for a first time during a regular or special session; and (2) the next Legislature, which is chosen at the general election following first passage of the proposed amendments, must approve them for a second time during a regular or special session. (Nev. Const. Art. 16, § 1) The Nevada Constitution also requires that, after first approval of the proposed amendments, they must be published for at least 3 months before the date of the general election at which the next Legislature is chosen. (Nev. Const. Art. 16, § 1; State ex rel. Torreyson v. Grey, 21 Nev. 378 (1893))
Section 17 of this bill provides that if the Legislature first approves any state constitutional amendments during a special session held in an even-numbered year, the Director of the Legislative Counsel Bureau shall immediately publish a separate printed volume of advance sheets of statutes which includes the full text of the proposed amendments as approved by the Legislature. Section 17 also states that such publication is deemed to be the publication of the proposed amendments for the purposes of the Nevada Constitution without any additional publication being necessary for that specific purpose.
κ2020 Statutes of Nevada, 32nd Special Session, Page 9 (CHAPTER 2, AB 2)κ
Under existing law, the Director of the Legislative Counsel Bureau serves as the executive head of the five divisions of the Legislative Counsel Bureau, which are the Administrative Division, Audit Division, Fiscal Analysis Division, Legal Division and Research Division, and existing law contains provisions governing the chiefs of those divisions. (Chapters 218F and 218G of NRS)
Sections 13 and 19 of this bill clarify, but do not change, existing law by designating in clearer language that the Senate Fiscal Analyst and the Assembly Fiscal Analyst are the chiefs of the Fiscal Analysis Division. (NRS 218A.030, 218F.100) Similarly, sections 10 and 19 of this bill clarify, but do not change, existing law by defining the term Chief of the Administrative Division and adding that term to the provisions of existing law governing the appointment of the chiefs of the divisions of the Legislative Counsel Bureau. (NRS 218F.100)
Existing law establishes and codifies the position of the Legislative Counsel as a public office, provides that the Legislative Counsel is the chief of the Legal Division and establishes and defines various legal functions assigned to the Legal Division. (NRS 218A.057, 218F.100, 218F.700-218F.730) Additionally, existing law empowers and directs the Legislative Commission to: (1) supervise the functions assigned to the divisions of the Legislative Counsel Bureau; (2) oversee the organization and operation of those divisions; and (3) approve changes regarding the structure and personnel within those divisions as necessary to manage the workload of the Legislative Counsel Bureau and ensure the completion of the work required for the next regular session. (NRS 218E.180, 218E.225) In carrying out these powers and duties, the Legislative Commission, at its meeting on June 5, 2020, approved a revised organizational structure of the Legal Division in which the position of the Chief Litigation Counsel was replaced with the position of the General Counsel in order to better manage the workload of the Legal Division and thereby achieve a more efficient and effective separation of legal functions between the General Counsel and the Legislative Counsel to ensure the completion of the work required for the next regular session.
Sections 11, 14 and 18-25 of this bill facilitate and carry out the revised organizational structure of the Legal Division approved by the Legislative Commission by: (1) establishing and codifying the position of the General Counsel as a public office; (2) providing that the Legislative Counsel and the General Counsel are the chiefs of the Legal Division; (3) setting forth the qualifications, powers and duties of the Legislative Counsel and the General Counsel; and (4) stating that if any particular matter requires an appropriate separation of legal functions within the Legal Division, the Legislative Counsel and the General Counsel shall take necessary and proper actions to ensure that the appropriate separation of legal functions is established and maintained within the Legal Division.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 218A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 11, inclusive, of this act.
Sec. 2. For the purposes of sections 2 to 9, inclusive, of this act, the Legislature finds and declares that when committees use authorized remote-technology systems for committee meetings during the public-health crisis caused by the COVID-19 pandemic, such use:
1. Promotes and facilitates the efficient and effective operation of the committees and encourages and fosters participation in the committee meetings by enabling persons from remote locations to attend, participate, vote or take any other action in the committee meetings even though the persons are not physically present at the committee meetings;
κ2020 Statutes of Nevada, 32nd Special Session, Page 10 (CHAPTER 2, AB 2)κ
2. Enables Legislators and other public officials to represent their constituents and carry out their official powers, functions, duties and responsibilities at the committee meetings; and
3. During such periods of emergency, crisis or disaster, safeguards the workings of the committees and ensures the continuity and efficacy of their operations at the committee meetings and protects the health, safety and welfare of persons who participate in the committee meetings by serving as a necessary protective or safety measure to keep the committee meetings as safe and free as reasonably possible from danger, risk, harm, injury and peril.
Sec. 3. As used in sections 2 to 9, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 4 to 7, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 4. Authorized remote-technology system means any system or other means of communication which is approved by the Director and which uses any electronic, digital or other similar technology to enable a person from a remote location to attend, participate, vote or take any other action in any committee meeting even though the person is not physically present at the committee meeting.
Sec. 5. Chair means the chair of a committee or any other member of the committee who is serving as the presiding officer of the committee.
Sec. 6. 1. Committee means:
(a) The Legislative Commission and any other legislative committee or subcommittee created by a specific statute, concurrent resolution or order of the Legislative Commission to conduct studies or investigations or perform any other legislative business during the legislative interim; and
(b) Any other commission, committee, subcommittee or similar body for which legislative staff serves as the primary administrative or professional staff.
2. The term does not include any legislative committee or subcommittee appointed by the Legislature or either House to conduct or perform legislative business during a regular or special session, including, without limitation, any joint, standing, temporary, special or select committee or committee of the whole.
Sec. 7. Legislative staff means the staff of the Legislative Counsel Bureau.
Sec. 8. 1. Notwithstanding any other provisions of law, the provisions of sections 2 to 9, inclusive, of this act apply to a committee that conducts a committee meeting through the use of any authorized remote-technology systems during the public-health crisis caused by the COVID-19 pandemic. In conducting such a committee meeting, the committee shall conform, to the extent practicable, with any other requirements for conducting the committee meeting, unless those other requirements conflict with the provisions of sections 2 to 9, inclusive, of this act.
2. A committee may conduct a committee meeting through the use of any authorized remote-technology systems, regardless of whether any physical location is made available for the committee meeting, and the members of the committee may attend, participate, vote or take any other action through the use of any authorized remote-technology systems during the committee meeting, regardless of whether the members of the committee are physically present at the committee meeting.
κ2020 Statutes of Nevada, 32nd Special Session, Page 11 (CHAPTER 2, AB 2)κ
3. If a committee conducts a committee meeting through the use of any authorized remote-technology systems, legislative staff must make reasonable efforts to ensure that members of the public can hear or observe the committee meeting and participate in any periods devoted to public comment during the committee meeting, except to the extent that such activity is otherwise regulated or limited by any lawful requirements or restrictions governing the committee meeting.
4. If a member of a committee uses any authorized remote-technology systems to attend, participate, vote or take any other action during a committee meeting, the member shall be deemed to be present and in attendance at the committee meeting for all purposes.
5. For a committee meeting, the chair may take, direct or require any necessary and reasonable actions to carry out the provisions of sections 2 to 9, inclusive, of this act, including, without limitation:
(a) Requiring that one or more authorized remote-technology systems must be used by the members of the committee to conduct the committee meeting pursuant to the provisions of sections 2 to 9, inclusive, of this act.
(b) Directing that a physical location must not be made available for the committee meeting if the chair requires that one or more authorized remote-technology systems must be used by the members of the committee to conduct the committee meeting pursuant to the provisions of sections 2 to 9, inclusive, of this act.
Sec. 9. 1. A person who, without legal authority, willfully does any of the following acts, alone or in concert with another, interferes with the legislative process:
(a) Prevents or attempts to prevent the use of any authorized remote-technology systems for a committee meeting.
(b) Disturbs, disrupts, obstructs, tampers or interferes with, or attempts to disturb, disrupt, obstruct, tamper or interfere with, the use of any authorized remote-technology systems for a committee meeting.
2. A person who interferes with the legislative process in violation of any provision of this section is subject to the remedies and penalties for interference with the legislative process provided by NRS 218A.900 to 218A.940, inclusive.
Sec. 10. Chief of the Administrative Division means the person appointed or serving as the Chief of the Administrative Division pursuant to NRS 218F.100.
Sec. 11. General Counsel means the person appointed or serving as the General Counsel and a chief of the Legal Division pursuant to NRS 218F.100.
Sec. 12. NRS 218A.003 is hereby amended to read as follows:
218A.003 As used in this title, unless the context otherwise requires, the words and terms defined in NRS 218A.006 to 218A.090, inclusive, and sections 10 and 11 of this act have the meanings ascribed to them in those sections.
Sec. 13. NRS 218A.030 is hereby amended to read as follows:
218A.030 Fiscal Analyst means a person appointed or serving as the Senate Fiscal Analyst or Assembly Fiscal Analyst and a chief of the Fiscal Analysis Division pursuant to NRS 218F.100.
κ2020 Statutes of Nevada, 32nd Special Session, Page 12 (CHAPTER 2, AB 2)κ
Sec. 14. NRS 218A.057 is hereby amended to read as follows:
218A.057 Legislative Counsel means the person appointed or serving as the Legislative Counsel and a chief of the Legal Division pursuant to NRS 218F.100.
Sec. 15. NRS 218A.900 is hereby amended to read as follows:
218A.900 1. [The] For the purposes of NRS 218A.900 to 218A.940, inclusive, the Legislature finds [as a fact that the] and declares that:
(a) The complexities of contemporary civilization and government require the Legislature, in the discharge of its constitutional function, to delegate separately to [committees and to] the Legislative Commission and other committees during regular and special sessions and the legislative interim the finding of essential facts and the preliminary consideration of legislation, and that these subordinate bodies are, therefore, an integral part of the Legislature.
(b) When the Legislature authorizes the use of remote-technology systems for sessions and meetings, such use:
(1) Promotes and facilitates the efficient and effective operation of the sessions and meetings and encourages and fosters participation in the sessions and meetings by enabling persons from remote locations to attend, participate, vote or take any other action in the sessions and meetings even though the persons are not physically present at the sessions and meetings;
(2) Enables Legislators and other public officials to represent their constituents and carry out their official powers, functions, duties and responsibilities at the sessions and meetings; and
(3) During periods of emergency, crisis or disaster, safeguards the workings of the Legislative Department and ensures the continuity and efficacy of its operations at the sessions and meetings and protects the health, safety and welfare of persons who participate in the sessions and meetings by serving as a necessary protective or safety measure to keep the sessions and meetings as safe and free as reasonably possible from danger, risk, harm, injury and peril.
2. As used in NRS 218A.900 to 218A.940, inclusive, unless the context otherwise requires [,] :
(a) Legislature means:
[(a)] (1) The Legislature or either House;
[(b)] (2) Any committee of either House;
[(c)] (3) Any joint committee of both Houses; or
[(d)] (4) Any other committee or commission created or authorized by the Legislature to conduct or perform legislative [functions] business at the direction of or on behalf of the Legislature.
Κ The term includes, without limitation, [a] any interim, advisory or other committee or subcommittee.
(b) Remote-technology system means any system or other means of communication which is authorized pursuant to any statute, joint rule or rule of either House and which uses any electronic, digital or other similar technology to enable a person from a remote location to attend, participate, vote or take any other action in any session or meeting of the Legislature even though the person is not physically present at the session or meeting. The term includes, without limitation, a remote-technology system authorized pursuant to sections 2 to 9, inclusive, of this act.
κ2020 Statutes of Nevada, 32nd Special Session, Page 13 (CHAPTER 2, AB 2)κ
Sec. 16. NRS 218A.905 is hereby amended to read as follows:
218A.905 A person who, without legal authority, willfully does any of the following acts, alone or in concert with another, interferes with the legislative process:
1. Prevents or attempts to prevent the Legislature from conducting meetings [.] , including, without limitation, preventing or attempting to prevent the use of any remote-technology systems.
2. Disturbs, disrupts , obstructs, tampers or interferes with, or attempts to disturb, disrupt , obstruct, tamper or interfere with, a meeting of the Legislature [.] , including, without limitation, the use of any remote-technology systems.
3. Withholds, defaces, alters or destroys any official document or record of the Legislature, which conduct interferes with the functioning of the Legislature.
4. Withholds, defaces, alters or destroys any property owned or used by the Legislature.
5. Remains in the legislative chamber, Legislative Building, or any part thereof, or any other place where the Legislature is conducting its business, after being advised that the law or rule of the Legislature requires persons to leave after being asked to do so, and being asked to leave.
6. Prevents or attempts to prevent any Legislator or officer or employee of the Legislative Department from performing that persons official duties.
7. Coerces or attempts to coerce any Legislator or officer or employee of the Legislative Department to perform any act under color of office, by any unlawful means, threats of violence, fraud or intimidation.
8. Possesses any firearm, explosive, dangerous device or deadly weapon in the Legislative Building or any other place where the Legislature is conducting its business.
9. Commits any act in violation of section 9 of this act.
Sec. 17. Chapter 218D of NRS is hereby amended by adding thereto a new section to read as follows:
Notwithstanding any other provisions of law, for the purposes of carrying out the publication of any proposed amendment or amendments to the Constitution of the State of Nevada pursuant to Section 1 of Article 16 of the Nevada Constitution:
1. If the Legislature first approves a joint resolution proposing any such amendment or amendments during a special session held in an even-numbered year, the Director shall immediately publish a separate printed volume of advance sheets of statutes which includes the full text of the proposed amendment or amendments as approved by the Legislature.
2. Upon publication of the proposed amendment or amendments pursuant to this section, such publication shall be deemed to be the publication of the proposed amendment or amendments for the purposes of Section 1 of Article 16 of the Nevada Constitution without any additional publication being necessary for those purposes.
Sec. 18. NRS 218D.155 is hereby amended to read as follows:
218D.155 1. In addition to the number of requests authorized pursuant to NRS 218D.150:
(a) The Speaker of the Assembly and the Majority Leader of the Senate may each request before the date of the general election preceding a regular session, without limitation, the drafting of not more than 15 legislative measures for that regular session.
κ2020 Statutes of Nevada, 32nd Special Session, Page 14 (CHAPTER 2, AB 2)κ
(b) The Minority Leader of the Assembly and the Minority Leader of the Senate may each request before the date of the general election preceding a regular session, without limitation, the drafting of not more than 10 legislative measures for that regular session.
(c) A person designated after the general election as the Speaker of the Assembly, the Majority Leader of the Senate, the Minority Leader of the Assembly or the Minority Leader of the Senate for the next regular session may request before the first day of that regular session the drafting of the remaining number of the legislative measures allowed for the respective officer that were not requested by the previous officer.
2. The Legislative Counsel, the General Counsel, the Secretary of the Senate and the Chief Clerk of the Assembly may request before or during a regular session, without limitation, the drafting of as many legislative measures as are necessary or convenient for the proper exercise of their duties.
Sec. 19. NRS 218F.100 is hereby amended to read as follows:
218F.100 1. There is hereby created the Legislative Counsel Bureau, which consists of a Legislative Commission, an Interim Finance Committee, a Director, an Audit Division, a Fiscal Analysis Division, a Legal Division, a Research Division and an Administrative Division.
2. The Legislative Auditor is the chief of the Audit Division.
3. The Legislative Counsel [is chief] and the General Counsel are the chiefs of the Legal Division. The Director shall designate from time to time the Legislative Counsel or the General Counsel or an employee of the Legal Division to be responsible for the administration of the Legal Division.
4. The Research Director is the chief of the Research Division.
5. The Senate Fiscal Analyst and the Assembly Fiscal Analyst are the chiefs of the Fiscal Analysis Division. The Director shall designate from time to time one of the Fiscal Analysts or [another] an employee of the Fiscal Analysis Division to be responsible for the administration of the Fiscal Analysis Division.
[3.] 6. The Legislative Commission shall appoint the Director. The Director shall appoint the [Fiscal Analysts] Chief of the Administrative Division and the chiefs of the other divisions with the approval of the Legislative Commission, and may serve as the chief of any division.
[4.] 7. The Director may, with the consent of the Legislative Commission, designate one of the [other division] chiefs of the divisions or an employee of the Legislative Counsel Bureau as the Deputy Director.
Sec. 20. NRS 218F.150 is hereby amended to read as follows:
218F.150 1. The Director and other officers and employees of the Legislative Counsel Bureau shall not:
(a) Oppose or urge legislation, except as the duties of the Director, the Legislative Auditor, the Legislative Counsel, the General Counsel, the Research Director and the Fiscal Analysts require them to make recommendations to the Legislature.
(b) Except as otherwise provided in this section, NRS 218D.130, 218D.135, 218D.250 and 353.211, disclose to any person outside the Legislative Counsel Bureau the nature or content of any matter entrusted to the Legislative Counsel Bureau, and such matter is confidential and privileged and is not subject to discovery or subpoena, unless the person entrusting the matter to the Legislative Counsel Bureau requests or consents to the disclosure.
κ2020 Statutes of Nevada, 32nd Special Session, Page 15 (CHAPTER 2, AB 2)κ
privileged and is not subject to discovery or subpoena, unless the person entrusting the matter to the Legislative Counsel Bureau requests or consents to the disclosure.
2. The nature or content of any work produced by the officers and employees of the Research Division may be disclosed if or to the extent that the disclosure does not reveal the identity of the person who requested it or include any matter submitted by the requester which has not been published or publicly disclosed.
3. The nature and content of any work produced by the officers and employees of the Legal Division and the Fiscal Analysis Division and any matter entrusted to those officers and employees to produce such work are confidential and privileged and are not subject to discovery or subpoena.
4. The provisions of subsections 1, 2 and 3 apply to any matter or work in any form, including, without limitation, in any oral, written, audio, visual, digital or electronic form, and such matter or work includes, without limitation, any communications, information, answers, advice, opinions, recommendations, drafts, documents, records, questions, inquiries or requests in any such form.
5. When a statute has been enacted or a resolution adopted, the Legislative Counsel shall upon request disclose to any person the state or other jurisdiction from whose law it appears to have been adopted.
6. The records of the travel expenses of Legislators and officers and employees of the Legislature and the Legislative Counsel Bureau are available for public inspection at such reasonable hours and under such other conditions as the Legislative Commission prescribes.
Sec. 21. NRS 218F.700 is hereby amended to read as follows:
218F.700 1. The Legal Division consists of the Legislative Counsel and the General Counsel and such additional staff as the exercise and performance of their powers and duties may require.
2. The Legislative Counsel must be:
[1.] (a) An attorney admitted to practice law in one of the United States; and
[2.] (b) Knowledgeable [in] and experienced in governmental law and operations, including, without limitation, some or all of the following:
[(a)] (1) Political science;
[(b)] (2) Parliamentary practice;
[(c)] (3) Legislative procedure; and
[(d)] (4) The methods of research, statutory revision and bill drafting.
3. The General Counsel must be:
(a) An attorney admitted to practice law in one of the United States; and
(b) Knowledgeable and experienced in governmental law and operations, including, without limitation, some or all of the following:
(1) Governmental litigation before federal and state courts and agencies;
(2) Governmental ethics, meetings, records, privileges and immunities;
(3) Governmental officers and employees and employment law; and
(4) Governmental contracts, intellectual property and transactional law.
κ2020 Statutes of Nevada, 32nd Special Session, Page 16 (CHAPTER 2, AB 2)κ
4. The provisions of this section establish the qualifications of the Legislative Counsel and the General Counsel but do not define or limit the respective powers and duties of the Legislative Counsel and the General Counsel.
Sec. 22. NRS 218F.710 is hereby amended to read as follows:
218F.710 1. The Legislative Counsel [has:] and the General Counsel each have:
(a) The powers and duties assigned by this title and any law or resolution; and
(b) Such other powers and duties as may be assigned by the Director, the Legislature and the Legislative Commission.
2. Upon the request of the Director or any member or committee of the Legislature or the Legislative Commission, the Legislative Counsel [shall] or the General Counsel may give [an] a legal opinion orally or in writing upon any question of law, including , without limitation, existing law and suggested, proposed and pending legislation . [which has become a matter of public record.]
3. Except as otherwise provided in subsection 4, if the Legislative Counsel or the General Counsel, as applicable, is unavailable or otherwise unable to carry out his or her powers and duties regarding a particular matter for any reason, the Legislative Counsel or the General Counsel, as applicable, may carry out those powers and duties on behalf of the other legal counsel regarding that particular matter.
4. If any particular matter requires an appropriate separation of legal functions within the Legal Division, the Legislative Counsel and the General Counsel shall take necessary and proper actions to ensure that the appropriate separation of legal functions is established and maintained within the Legal Division.
Sec. 23. NRS 218F.720 is hereby amended to read as follows:
218F.720 1. When deemed necessary or advisable to protect the official interests of the Legislature in any action or proceeding, the Legislative Commission, or the Chair of the Legislative Commission in cases where action is required before a meeting of the Legislative Commission is scheduled to be held, may direct the Legislative Counsel or the General Counsel and the Legal Division to appear in, commence, prosecute, defend or intervene in any action or proceeding before any court, agency or officer of the United States, this State or any other jurisdiction, or any political subdivision thereof. In any such action or proceeding, the Legislature may not be assessed or held liable for:
(a) Any filing or other court or agency fees; or
(b) The attorneys fees or any other fees, costs or expenses of any other parties.
2. If a party to any action or proceeding before any court, agency or officer:
(a) Alleges that the Legislature, by its actions or failure to act, has violated the Constitution, treaties or laws of the United States or the Constitution or laws of this State; or
(b) Challenges, contests or raises as an issue, either in law or in equity, in whole or in part, or facially or as applied, the meaning, intent, purpose, scope, applicability, validity, enforceability or constitutionality of any law, resolution, initiative, referendum or other legislative or constitutional measure, including, without limitation, on grounds that it is ambiguous, unclear, uncertain, imprecise, indefinite or vague, is preempted by federal law or is otherwise inapplicable, invalid, unenforceable or unconstitutional,
κ2020 Statutes of Nevada, 32nd Special Session, Page 17 (CHAPTER 2, AB 2)κ
unclear, uncertain, imprecise, indefinite or vague, is preempted by federal law or is otherwise inapplicable, invalid, unenforceable or unconstitutional,
Κ the Legislature may elect to intervene in the action or proceeding by filing a motion or request to intervene in the form required by the rules, laws or regulations applicable to the action or proceeding. The motion or request to intervene must be accompanied by an appropriate pleading, brief or dispositive motion setting forth the Legislatures arguments, claims, objections or defenses, in law or fact, or by a motion or request to file such a pleading, brief or dispositive motion at a later time.
3. Notwithstanding any other law to the contrary, upon the filing of a motion or request to intervene pursuant to subsection 2, the Legislature has an unconditional right and standing to intervene in the action or proceeding and to present its arguments, claims, objections or defenses, in law or fact, whether or not the Legislatures interests are adequately represented by existing parties and whether or not the State or any agency, officer or employee of the State is an existing party. If the Legislature intervenes in the action or proceeding, the Legislature has all the rights of a party.
4. The provisions of this section do not make the Legislature a necessary or indispensable party to any action or proceeding unless the Legislature intervenes in the action or proceeding, and no party to any action or proceeding may name the Legislature as a party or move to join the Legislature as a party based on the provisions of this section.
5. The Legislative Commission may authorize payment of the expenses and costs incurred pursuant to this section from the Legislative Fund.
6. As used in this section:
(a) Action or proceeding means any action, suit, matter, cause, hearing, appeal or proceeding.
(b) Agency means any agency, office, department, division, bureau, unit, board, commission, authority, institution, committee, subcommittee or other similar body or entity, including, without limitation, any body or entity created by an interstate, cooperative, joint or interlocal agreement or compact.
(c) Legislature means:
(1) The Legislature or either House; or
(2) Any current or former agency, member, officer or employee of the Legislature, the Legislative Counsel Bureau or the Legislative Department.
Sec. 24. NRS 218F.730 is hereby amended to read as follows:
218F.730 1. The Legislative Counsel or the General Counsel is authorized to secure copyright under the laws of the United States in all publications issued by the Legislative Counsel Bureau.
2. Each copyright must be secured in the name of the State of Nevada.
Sec. 25. 1. Except as otherwise provided in this section, the provisions of this act do not alter the appointment or employment of any officers or employees of the Legislature or the Legislative Counsel Bureau who are serving in their positions on the effective date of this act.
2. Notwithstanding any other provisions of law, if, on the effective date of this act, any employee of the Legislative Counsel Bureau is serving in the position designated as the General Counsel of the Legal Division of the Legislative Counsel Bureau, which position was approved by the Legislative Commission at its meeting on June 5, 2020, the employee shall be deemed, on the effective date of this act, to be appointed and approved pursuant to subsection 6 of NRS 218F.100, as amended by section 19 of this act, to serve in that position as a public office designated as the General Counsel of the Legal Division of the Legislative Counsel Bureau, which public office is hereby established and codified in the Nevada Revised Statutes, as amended by the provisions of this act.
κ2020 Statutes of Nevada, 32nd Special Session, Page 18 (CHAPTER 2, AB 2)κ
subsection 6 of NRS 218F.100, as amended by section 19 of this act, to serve in that position as a public office designated as the General Counsel of the Legal Division of the Legislative Counsel Bureau, which public office is hereby established and codified in the Nevada Revised Statutes, as amended by the provisions of this act.
Sec. 26. This act becomes effective upon passage and approval.
________
Assembly Bill No. 4Committee of the Whole
CHAPTER 3
[Approved: August 3, 2020]
AN ACT relating to elections; enacting provisions for conducting elections adversely affected by certain emergencies or disasters; revising provisions governing election procedures for absent ballots, mailing ballots and other mail ballots; making various other changes relating to elections; prohibiting certain unlawful acts relating to elections; providing for the transfer, disbursement and use of certain funds to pay certain expenses relating to elections; providing penalties; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law establishes certain procedures for conducting elections. (Title 24 of NRS) In particular, existing law establishes general procedures for conducting state, county and city elections which are set forth in chapter 293 of NRS. Additionally, existing law establishes various other procedures for conducting city elections which are set forth in chapter 293C of NRS and which apply to cities that are incorporated and governed under several different legal provisions, including general laws governing municipal incorporation, specific laws governing the commission form of municipal government and special laws enacting city charters for municipal purposes. (Nev. Const. Art. 8, §§ 1, 8; chapters 266, 267 and 268 of NRS) When the Legislature deems it necessary to ensure consistency in the administration, interpretation and application of particular election procedures across all state, county and city elections, the Legislature must amend the statutory provisions in both chapters 293 and 293C of NRS, and in related laws and charters, in order to align all the provisions and make them uniform in their operation for Nevadas elections.
Under existing law, a state of emergency or a declaration of disaster may be proclaimed by the Governor or by resolution of the Legislature if the Governor or Legislature, as applicable, finds that: (1) an attack upon the United States has occurred or is anticipated in the immediate future, or any natural, technological or man-made emergency or disaster of major proportions has actually occurred within this State; and (2) the protection of the health, safety and welfare of the inhabitants of this State requires an invocation of certain additional governmental powers. During the period when such a state of emergency or declaration of disaster exists or continues, the Governor is given certain additional governmental powers and has the authority to perform and exercise such other functions, powers and duties as are necessary to promote and secure the safety and protection of the civilian population. (NRS 414.070)
Sections 2-27 of this bill enact election procedures which are intended to ensure that Nevadas elections are conducted safely and securely when the occurrence or existence of an emergency or disaster in this State will adversely affect the publics health, safety and welfare and the ability of elections officials to prepare for and conduct the affected elections under such circumstances.
κ2020 Statutes of Nevada, 32nd Special Session, Page 19 (CHAPTER 3, AB 4)κ
conduct the affected elections under such circumstances. Sections 28-83 of this bill make conforming changes to some of the existing election procedures set forth in chapters 293 and 293C of NRS, and in related laws and charters, in order to align all the provisions and make them uniform in their operation for Nevadas elections.
Under section 2 of this bill, the Legislature finds and declares that if an emergency or disaster occurs or exists in this State, sections 2-27 ensure that: (1) elections officials have certainty concerning the procedures to prepare for and conduct the affected elections safely and securely and are able to carry out their official powers and duties so that the publics health, safety and welfare are protected and the security and integrity of the affected elections are preserved; and (2) the voters have faith and confidence that they can participate in the affected elections and exercise their right to vote without fear for their health, safety and welfare under such circumstances.
Section 8 of this bill enumerates the circumstances under which elections are deemed to be affected elections subject to sections 2-27. Specifically, section 8 provides that if a state of emergency or declaration of disaster is proclaimed by the Governor or by resolution of the Legislature for the entire State of Nevada, then certain primary elections, primary city elections, general elections, general city elections and special elections are deemed to be affected elections subject to sections 2-27 if the state of emergency or declaration of disaster is in effect on a specific date, as designated by statute, preceding the election. Section 8 also provides that if such a state of emergency or declaration of disaster is proclaimed after the statutorily designated date preceding the particular election, the Governor may order that the election is deemed to be an affected election subject to sections 2-27 if the Governor finds that: (1) the health, safety and welfare of voters and elections personnel or the security and integrity of the election may be adversely affected by the emergency or disaster; and (2) elections officials have sufficient time to comply with the requirements of sections 2-27 and federal law for the election. Finally, section 8 provides that if a state of emergency or declaration of disaster is proclaimed by the Governor or by resolution of the Legislature for one or more specific areas of the State of Nevada affected by the emergency or disaster but not for the entire State of Nevada, the Governor may order that an election in one or more of those specific areas is deemed to be an affected election subject to sections 2-27 if the Governor finds that: (1) the health, safety and welfare of voters and elections personnel or the security and integrity of the election may be adversely affected by the emergency or disaster; and (2) elections officials have sufficient time to comply with the requirements of sections 2-27 and federal law for the election.
Sections 9 and 10 of this bill establish rules and standards for interpreting and applying sections 2-27 in conjunction with existing provisions governing the affected elections. First, sections 2-27 supersede and preempt any conflicting provisions governing the affected elections, but all other existing provisions which do not conflict with sections 2-27 must be applied to the affected elections. Second, sections 2-27 do not prohibit a covered voter from registering to vote or requesting or casting a military-overseas ballot in any affected elections under existing provisions of state and federal law known as the Uniformed Military and Overseas Absentee Voters Act. (Chapter 293D of NRS; 52 U.S.C. §§ 20301 et seq.) Third, sections 2-27 must be interpreted and applied to achieve their intended public purposes to: (1) protect the publics health, safety and welfare; and (2) ensure that every person who is eligible and wants to register to vote in any affected election is able to do so safely and securely and every voter who wants to cast a ballot in any affected election is able to do so safely and securely.
Sections 11-14 of this bill establish various requirements relating to polling places and voter registration for affected elections subject to sections 2-27, including requirements relating to: (1) polling places established for early voting by personal appearance; (2) polling places established as vote centers; (3) voter registration at polling places on election day and during certain periods preceding election day; and (4) polling places established within the boundaries of an Indian reservation or colony or within certain residential developments operated exclusively for elderly persons.
κ2020 Statutes of Nevada, 32nd Special Session, Page 20 (CHAPTER 3, AB 4)κ
colony or within certain residential developments operated exclusively for elderly persons. (NRS 293.2733, 293.2735, 293.3072-293.3075, 293.356-293.361, 293.5772-293.5887, 293C.2675, 293C.268, 293C.3032-293C.3035, 293C.355-293C.361)
Sections 15-27 of this bill establish various requirements relating to: (1) the preparation and distribution of mail ballots to each active registered voter within certain periods preceding the affected elections subject to sections 2-27; and (2) the procedures for voting, returning, verifying and counting the mail ballots for the affected elections.
Under existing law, there are certain election procedures for state, county and city elections relating to absent ballots distributed to absent voters who do not vote at polling places. (NRS 293.3088-293.340, 293C.304-293C.340) Existing law also provides that the election procedures for absent ballots generally apply to mailing ballots distributed to voters who reside in mailing precincts and absent ballot mailing precincts. (NRS 293.343-293.355, 293C.342-293C.352) Finally, sections 15-27 establish certain election procedures for the mail ballots distributed to active registered voters for affected elections subject to sections 2-27. Because these particular election procedures relating to absent ballots, mailing ballots and mail ballots serve similar purposes, sections 15-83 make conforming changes in order to align all the provisions and make them uniform in their operation for Nevadas elections.
Under existing law, at the request of a voter who has a physical disability or is at least 65 years of age or under certain other circumstances, a person may mark and sign an absent ballot on behalf of the voter or assist the voter to mark and sign the absent ballot if the person complies with certain requirements. (NRS 293.316, 293.3165, 293C.317, 293C.318) Sections 19, 28, 29, 35, 56, 57 and 65 of this bill provide that at the request of a voter who has a physical disability, is at least 65 years of age or is unable to read or write or under certain other circumstances, a person may mark and sign an absent ballot, mailing ballot or mail ballot on behalf of the voter or assist the voter to mark and sign such a ballot if the person complies with certain requirements.
Existing law sets forth the procedures and deadlines for timely returning an absent ballot, and the same procedures and deadlines also apply to the timely return of a mailing ballot. (NRS 293.317, 293.355, 293C.319, 293C.352) Sections 20, 37 and 67 of this bill provide that to be timely returned by mail, an absent ballot, mailing ballot or mail ballot must be postmarked on or before the day of the election and received by the county or city clerk not later than 5 p.m. on the seventh day following the election. Sections 20, 37 and 67 also provide that if the county or city clerk is unable to determine the date of the postmark on such a ballot, but the ballot is received by the clerk not later than 5 p.m. on the third day following the election, the ballot is deemed to have been postmarked on or before the day of the election.
Under existing law, a voter may authorize a member of the voters family or certain other persons to return an absent ballot or mailing ballot to the county or city clerk on behalf of the voter if certain requirements are met. (NRS 293.316, 293.330, 293.353, 293C.317, 293C.330) Sections 21, 40, 44, 70 and 75 of this bill: (1) allow a voter to authorize any person to return an absent ballot, mailing ballot or mail ballot to the county or city clerk on behalf of the voter; and (2) prohibit a person from willfully failing to return such a ballot to the county or city clerk on behalf of the voter under certain circumstances or from willfully engaging in acts that deny the voter the right to return such a ballot or impede, obstruct, prevent or interfere with the return of such a ballot. Section 53 of this bill additionally prohibits a person from engaging in acts that alter, change, deface, damage or destroy an absent ballot, mailing ballot, mail ballot or certain other ballots without the voters permission.
Existing law establishes procedures that the county or city clerk must follow to verify the signature of a voter on an absent ballot or mailing ballot. (NRS 293.325, 293.355, 293C.325, 293C.352) Sections 23, 39 and 69 of this bill revise these existing procedures and set forth standards for determining when there is a reasonable question of fact as to whether the signature used for an absent ballot, mailing ballot or mail ballot matches the signature of the voter. Sections 23, 39 and 69 also require the county or city clerk to contact a voter under certain circumstances and advise the voter of the procedures and deadlines for correcting or rectifying certain errors, omissions and problems associated with the signature requirements for the ballot in order for the ballot to be counted.
κ2020 Statutes of Nevada, 32nd Special Session, Page 21 (CHAPTER 3, AB 4)κ
county or city clerk to contact a voter under certain circumstances and advise the voter of the procedures and deadlines for correcting or rectifying certain errors, omissions and problems associated with the signature requirements for the ballot in order for the ballot to be counted.
Existing law establishes procedures that counting boards must follow when they count the returned absent ballots and mailing ballots for an election, and such boards generally must wait until 4 working days before the election to begin their process of counting the returned absent ballots and mailing ballots. (NRS 293.325, 293.355, 293.384, 293.385, 293C.325, 293C.352, 293C.382, 293C.385) Sections 22-27, 39, 48, 49, 69, 79 and 80 of this bill revise these existing procedures and provide that such counting boards can begin their process of counting the returned absent ballots, mailing ballots and mail ballots 15 days before the election.
Under existing case law, the Nevada Supreme Court has held that if petitioners who bring lawsuits challenging Nevadas election laws do not timely file and diligently prosecute their lawsuits before elections officials prepare and distribute ballots for the election as required by law, the lawsuits are rendered moot, and their claims must be dismissed without reaching the merits of the claims. (Beebe v. Koontz, 72 Nev. 247, 253-54 (1956); Miller v. Burk, 124 Nev. 579, 599 n.70 (2008); Burdish v. Miller, Nos. 56795 and 56893, 2010 WL 3929070 (Nev. Oct. 6, 2010); Fasano v. Ashjian, No. 56040, 2010 WL 4340813 (Nev. Oct. 28, 2010)) Existing statutory law similarly codifies this mootness doctrine with regard to absent ballots by stating that any legal action which would prevent absent ballots from being distributed to voters is moot and of no effect. (NRS 293.309, 293C.305) Sections 15, 32, 43, 62, 73 and 74 of this bill provide that this mootness doctrine applies to absent ballots, mailing ballots and mail ballots by stating that any untimely legal action which would prevent the distribution of such ballots to voters is moot and of no effect.
Under existing law, with certain exceptions, counties and cities must pay the costs necessarily incurred in preparing for and conducting elections in those counties and cities, including the costs of providing all ballots, forms and other supplies to be used at such elections. (NRS 293.443-293.460) Section 84 of this bill provides for the transfer, disbursement and use of certain federal money to pay certain costs related to preparing for and conducting the 2020 General Election pursuant to sections 2-27.
Finally, section 85 of this bill makes the provisions of this bill apply retroactively from and after July 1, 2020, and thereby apply to any state of emergency or declaration of disaster proclaimed by the Governor or by resolution of the Legislature before, on or after the effective date of this bill if the state of emergency or declaration of disaster was in effect on July 1, 2020, or remains in effect or becomes effective on or after July 1, 2020. As a result, the provisions of this bill apply to: (1) the 2020 General Election and every other election held on the same day as the 2020 General Election, which are deemed to be affected elections subject to the provisions of sections 2-27; and (2) any other election held on or after the effective date of this bill if the election is deemed to be an affected election in accordance with the provisions of sections 2-27. However, section 85 also provides that the provisions of this bill do not apply to any criminal or civil offense committed before the effective date of this bill.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 293 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 29, inclusive, of this act.
Sec. 2. The Legislature hereby finds and declares that:
1. The State of Nevada faces a substantial and continuing danger that the occurrence or existence of an emergency or disaster in this State will adversely affect the publics health, safety and welfare and the ability of elections officials to prepare for and conduct an affected election safely and securely under such circumstances.
κ2020 Statutes of Nevada, 32nd Special Session, Page 22 (CHAPTER 3, AB 4)κ
adversely affect the publics health, safety and welfare and the ability of elections officials to prepare for and conduct an affected election safely and securely under such circumstances.
2. If an emergency or disaster occurs or exists in this State, the provisions of sections 2 to 27, inclusive, of this act ensure that:
(a) Elections officials have certainty concerning the procedures to prepare for and conduct an affected election safely and securely and are able to carry out their official powers and duties so that the publics health, safety and welfare are protected and the security and integrity of the affected election are preserved under such circumstances; and
(b) The voters have faith and confidence that they can participate in the affected election and exercise their right to vote without fear for their health, safety and welfare under such circumstances.
Sec. 3. As used in sections 2 to 27, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 4 to 7, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 4. 1. Active registered voter or voter means a registered voter who has an active registration and who has not been designated as inactive pursuant to the provisions of this title.
2. The term includes, without limitation, a covered voter who registers to vote or has registered to vote pursuant to the provisions of chapter 293D of NRS or the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. §§ 20301 et seq.
Sec. 5. Affected election or election means a primary election, primary city election, general election, general city election or special election which, in accordance with the provisions of section 8 of this act, is deemed to be an affected election that is subject to the provisions of sections 2 to 27, inclusive, of this act.
Sec. 6. 1. Mail ballot means a mail ballot distributed to an active registered voter in an affected election pursuant to the provisions of sections 2 to 27, inclusive, of this act.
2. The term does not include:
(a) An absent ballot.
(b) A mailing ballot distributed to a voter in a mailing precinct or an absent ballot mailing precinct pursuant to NRS 293.343 to 293.355, inclusive, and section 29 of this act, 293C.112 or 293C.342 to 293C.352, inclusive, and section 57 of this act.
Sec. 7. Vote center means a polling place established by the county or city clerk, as applicable, pursuant to the provisions of NRS 293.3072 to 293.3075, inclusive, or 293C.3032 to 293C.3035, inclusive, as applicable, where any person entitled to vote by personal appearance in the county or city, as applicable, may do so on the day of the election.
Sec. 8. 1. Except as otherwise provided in this section, if a state of emergency or declaration of disaster is proclaimed by the Governor or by resolution of the Legislature pursuant to NRS 414.070 for the entire State of Nevada, the following elections are deemed to be affected elections that are subject to the provisions of sections 2 to 27, inclusive, of this act:
(a) A primary election, if on the March 1 preceding the primary election, the state of emergency or declaration of disaster is in effect for the entire State of Nevada.
κ2020 Statutes of Nevada, 32nd Special Session, Page 23 (CHAPTER 3, AB 4)κ
(b) A primary city election:
(1) Held on the date of the primary election set forth in NRS 293.175, if on the March 1 preceding the primary city election, the state of emergency or declaration of disaster is in effect for the entire State of Nevada.
(2) Held on a date other than the date of the primary election set forth in NRS 293.175, if on the date that is 90 days preceding the date of the primary city election, the state of emergency or declaration of disaster is in effect for the entire State of Nevada.
(c) A general election, if on the July 1 preceding the general election, the state of emergency or declaration of disaster is in effect for the entire State of Nevada.
(d) A general city election:
(1) Held on the date of the general election set forth in NRS 293.12755, if on the July 1 preceding the general city election, the state of emergency or declaration of disaster is in effect for the entire State of Nevada.
(2) Held on a date other than the date of the general election set forth in NRS 293.12755, if on the date that is 90 days preceding the date of the general city election, the state of emergency or declaration of disaster is in effect for the entire State of Nevada.
(e) A special election, if:
(1) On the date that the call for the special election is issued, the state of emergency or declaration of disaster is in effect for the entire State of Nevada; or
(2) The special election is held on the same day as a primary election, primary city election, general election or general city election that is subject to the provisions of sections 2 to 27, inclusive, of this act.
2. If a state of emergency or declaration of disaster is proclaimed by the Governor or by resolution of the Legislature pursuant to NRS 414.070 for the entire State of Nevada after the applicable date set forth in subsection 1 for an election, the Governor may order that the election is deemed to be an affected election that is subject to the provisions of sections 2 to 27, inclusive, of this act if the Governor finds that:
(a) The health, safety and welfare of voters and elections personnel or the security and integrity of the election may be adversely affected by the emergency or disaster; and
(b) Elections officials have sufficient time to comply with the requirements set forth in sections 2 to 27, inclusive, of this act, and any applicable requirements set forth in federal law for the election.
3. If a state of emergency or declaration of disaster is proclaimed by the Governor or by resolution of the Legislature pursuant to NRS 414.070 for one or more specific areas of the State of Nevada affected by the emergency or disaster but not for the entire State of Nevada as provided in subsection 1 or 2, the Governor may order that an election in one or more of those specific areas is deemed to be an affected election that is subject to the provisions of sections 2 to 27, inclusive, of this act if the Governor finds that:
(a) The health, safety and welfare of voters and elections personnel or the security and integrity of the election may be adversely affected by the emergency or disaster; and
κ2020 Statutes of Nevada, 32nd Special Session, Page 24 (CHAPTER 3, AB 4)κ
(b) Elections officials have sufficient time to comply with the requirements set forth in sections 2 to 27, inclusive, of this act, and any applicable requirements set forth in federal law for the election.
Sec. 9. 1. Except as otherwise provided in subsection 2, if any election is deemed to be an affected election:
(a) The provisions of sections 2 to 27, inclusive, of this act supersede and preempt any conflicting provisions of any other statute or charter, ordinance, interpretation, regulation or rule governing the election; and
(b) The provisions of any other statute or charter, ordinance, interpretation, regulation or rule governing the election which do not conflict with the provisions of sections 2 to 27, inclusive, of this act must be applied to the election, including, without limitation:
(1) Provisions relating to the registration of electors, updating voter registration information, the voting of registered voters and conducting the election; and
(2) Provisions relating to the compilation and canvass of election returns and ties, recounts and contests of election.
2. The provisions of sections 2 to 27, inclusive, of this act do not prohibit a covered voter from registering to vote or requesting or casting a military-overseas ballot in any affected election pursuant to the provisions of chapter 293D of NRS or the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. §§ 20301 et seq.
Sec. 10. 1. The provisions of sections 2 to 27, inclusive, of this act must be liberally construed and broadly interpreted to achieve their intended public purposes to:
(a) Protect the publics health, safety and welfare; and
(b) Ensure that:
(1) Every person who is eligible and wants to register to vote in any affected election is able to do so safely and securely.
(2) Every voter who wants to cast a ballot in any affected election is able to do so safely and securely.
2. If there is any uncertainty or doubt regarding the construction, interpretation or application of the provisions of sections 2 to 27, inclusive, of this act, that uncertainty or doubt must be resolved in favor of carrying out the public purposes of those provisions.
Sec. 11. 1. Except as otherwise provided in this section, if any affected election is:
(a) A primary election or general election, the provisions of NRS 293.356 to 293.361, inclusive, governing early voting by personal appearance apply to the election.
(b) A primary city election or general city election, the provisions of NRS 293C.355 to 293C.361, inclusive, governing early voting by personal appearance apply to the election if the city has provided for early voting by personal appearance pursuant to NRS 293C.110.
2. If the affected election is a primary election or general election, the county clerk must establish:
(a) In a county whose population is 700,000 or more, at least 35 polling places for early voting by personal appearance, which may be any combination of temporary or permanent polling places for early voting.
κ2020 Statutes of Nevada, 32nd Special Session, Page 25 (CHAPTER 3, AB 4)κ
(b) In a county whose population is 100,000 or more but less than 700,000, at least 15 polling places for early voting by personal appearance, which may be any combination of temporary or permanent polling places for early voting.
(c) In a county whose population is less than 100,000, at least 1 permanent polling place for early voting by personal appearance.
3. In addition to the polling places for early voting established pursuant to subsection 2, the county clerk must establish a temporary polling place for early voting by personal appearance within the boundaries of an Indian reservation or Indian colony that is located in whole or in part within the county if:
(a) The Indian tribe submits a request to the county clerk for the establishment of such a temporary polling place for early voting; and
(b) The request described in paragraph (a) is submitted to the county clerk:
(1) For a primary election, not later than the April 1 preceding the primary election; or
(2) For a general election, not later than the September 1 preceding the general election.
4. If the affected election is a primary city election or a general city election and the city has provided for early voting by personal appearance pursuant to NRS 293C.110, the city clerk must establish at least one permanent polling place for early voting by personal appearance in the city.
5. In addition to the polling place for early voting established pursuant to subsection 4, the city clerk must establish a temporary polling place for early voting by personal appearance within the boundaries of an Indian reservation or Indian colony that is located in whole or in part within the city if:
(a) The Indian tribe submits a request to the city clerk for the establishment of such a temporary polling place for early voting; and
(b) The request described in paragraph (a) is submitted to the city clerk:
(1) For a primary city election:
(I) Held on the date of the primary election set forth in NRS 293.175, not later than the April 1 preceding the primary city election.
(II) Held on a date other than the date of the primary election set forth in NRS 293.175, not later than 45 days before the date of the primary city election.
(2) For a general city election:
(I) Held on the date of the general election set forth in NRS 293.12755, not later than the September 1 preceding the general city election.
(II) Held on a date other than the date of the general election set forth in NRS 293.12755, not later than 45 days before the date of the general city election.
Sec. 12. 1. Except as otherwise provided in this section, for any affected election, the county or city clerk, as applicable, may establish one or more polling places as vote centers for the day of the election.
2. If the affected election is a primary election or general election, the county clerk:
κ2020 Statutes of Nevada, 32nd Special Session, Page 26 (CHAPTER 3, AB 4)κ
(a) In a county whose population is 700,000 or more, must establish at least 100 vote centers for the day of the election.
(b) In a county whose population is 100,000 or more but less than 700,000, must establish at least 25 vote centers for the day of the election.
(c) In a county whose population is less than 100,000, may establish one or more vote centers for the day of the election.
Sec. 13. 1. If any affected election is a primary election, primary city election, general election or general city election, the provisions of NRS 293.5772 to 293.5887, inclusive, apply to the election.
2. Except as otherwise provided in subsection 3, the county or city clerk, as applicable, may establish polling places for the election precincts in the county or city, as applicable, where:
(a) A voter may vote in person on the day of the election in his or her election precinct; and
(b) A person may register to vote pursuant to NRS 293.5772 to 293.5887, inclusive, and vote in person on the day of the election in his or her election precinct.
3. If, for a primary election or general election, the county clerk in a county whose population is less than 100,000 does not establish at least one vote center for the day of the election pursuant to section 12 of this act, the county clerk must establish polling places for the election precincts in the county for the day of the election where:
(a) A voter may vote in person on the day of the election in his or her election precinct; and
(b) A person may register to vote pursuant to NRS 293.5772 to 293.5887, inclusive, and vote in person on the day of the election in his or her election precinct.
4. If, for a primary city election or general city election, the city clerk does not establish at least one vote center for the day of the election pursuant to section 12 of this act, the city clerk must establish polling places for the election precincts in the city for the day of the election where:
(a) A voter may vote in person on the day of the election in his or her election precinct; and
(b) A person may register to vote pursuant to NRS 293.5772 to 293.5887, inclusive, and vote in person on the day of the election in his or her election precinct.
Sec. 14. 1. Except as otherwise provided in this section, if any affected election is:
(a) A primary election or general election, the provisions of NRS 293.2733 and 293.2735 apply to a request for the establishment of a polling place for the election.
(b) A primary city election or general city election, the provisions of NRS 293C.2675 and 293C.268 apply to a request for the establishment of a polling place for the election.
2. The request for the establishment of:
(a) A polling place pursuant to NRS 293.2733 or 293.2735 must be submitted to the county clerk not later than the April 1 before the primary election or the September 1 before the general election, as applicable.
(b) A polling place pursuant to NRS 293C.2675 or 293C.268 must be submitted to the city clerk:
κ2020 Statutes of Nevada, 32nd Special Session, Page 27 (CHAPTER 3, AB 4)κ
(1) For a primary city election:
(I) Held on the date of the primary election set forth in NRS 293.175, not later than the April 1 preceding the primary city election.
(II) Held on a date other than the date of the primary election set forth in NRS 293.175, not later than 45 days before the date of the primary city election.
(2) For a general city election:
(I) Held on the date of the general election set forth in NRS 293.12755, not later than September 1 preceding the general city election.
(II) Held on a date other than the date of the general election set forth in NRS 293.12755, not later than 45 days before the date of the general city election.
Sec. 15. 1. Except as otherwise provided in this subsection, for any affected election, the county or city clerk, as applicable, shall prepare and distribute to each active registered voter in the county or city, as applicable, a sample ballot and a mail ballot for the election. The county or city clerk shall not distribute a mail ballot to any person who registers to vote for the election pursuant to the provisions of NRS 293.5772 to 293.5887, inclusive, but may distribute a sample ballot available at a polling place to such a person.
2. The mail ballot must include all offices, candidates and measures upon which the voter is entitled to vote at the election.
3. Except as otherwise provided in subsection 4, the mail ballot must be distributed to:
(a) Each active registered voter who:
(1) Resides within the State, not later than 20 days before the election; and
(2) Except as otherwise provided in paragraph (b), resides outside the State, not later than 40 days before the election.
(b) Each covered voter who is entitled to have a military-overseas ballot transmitted pursuant to the provisions of chapter 293D of NRS or the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. §§ 20301 et seq., not later than the time required by those provisions.
4. In the case of a special election where no candidate for federal office will appear on the ballot, the mail ballot must be distributed to each active registered voter not later than 15 days before the special election.
5. Any untimely legal action which would prevent the mail ballot from being distributed to any voter pursuant to this section is moot and of no effect.
Sec. 16. 1. Except as otherwise provided in subsection 2 and chapter 293D of NRS, for any affected election, the county or city clerk, as applicable, shall send to each active registered voter by first-class mail, or by any class of mail if the Official Election Mail logo or an equivalent logo or mark created by the United States Postal Service is properly placed:
(a) A mail ballot;
(b) A return envelope;
(c) An envelope or sleeve into which the mail ballot is inserted to ensure its secrecy;
(d) An identification envelope, if applicable; and
(e) Instructions.
κ2020 Statutes of Nevada, 32nd Special Session, Page 28 (CHAPTER 3, AB 4)κ
2. In sending a mail ballot to each active registered voter, the county or city clerk shall use an envelope that may not be forwarded to an address of the voter that is different from the address to which the mail ballot is mailed.
3. The return envelope must include postage prepaid by first-class mail if the active registered voter is within the boundaries of the United States, its territories or possessions or on a military base.
4. Before sending a mail ballot to an active registered voter, the county or city clerk shall record:
(a) The date the mail ballot is issued;
(b) The name of the voter to whom the mail ballot is issued, his or her precinct or district and his or her political affiliation, if any, unless all the offices on the mail ballot are nonpartisan offices;
(c) The number of the mail ballot; and
(d) Any remarks the county or city clerk finds appropriate.
Sec. 17. 1. Except as otherwise provided in subsection 2, for any affected election, if a person applied by mail or computer to register to vote, or preregistered to vote by mail or computer and is subsequently deemed to be registered to vote, and the person has not previously voted in any election for federal office in this State, the county or city clerk, as applicable, must inform the person that he or she must include a copy of the information required in paragraph (b) of subsection 1 of NRS 293.2725 in the return envelope with the mail ballot.
2. The provisions of subsection 1 do not apply to a person who:
(a) Registers to vote by mail or computer, or preregisters to vote by mail or computer and is subsequently deemed to be registered to vote, and submits with his or her application to preregister or register to vote:
(1) A copy of a current and valid photo identification; or
(2) A copy of a current utility bill, bank statement, paycheck or document issued by a governmental entity, including a check which indicates the name and address of the person, but not including a voter registration card;
(b) Registers to vote by mail or computer and submits with his or her application to register to vote a drivers license number or at least the last four digits of his or her social security number, if a state or local election official has matched that information with an existing identification record bearing the same number, name and date of birth as provided by the person in the application;
(c) Registers to vote pursuant to NRS 293.5732 to 293.5757, inclusive, and at that time presents to the Department of Motor Vehicles:
(1) A copy of a current and valid photo identification;
(2) A copy of a current utility bill, bank statement, paycheck or document issued by a governmental entity, including a check which indicates the name and address of the person, but not including a voter registration card; or
(3) A drivers license number or at least the last four digits of his or her social security number, if a state or local election official has matched that information with an existing identification record bearing the same number, name and date of birth as provided by the person in the application;
κ2020 Statutes of Nevada, 32nd Special Session, Page 29 (CHAPTER 3, AB 4)κ
(d) Is entitled to vote pursuant to the provisions of chapter 293D of NRS or the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. §§ 20301 et seq.;
(e) Is provided the right to vote otherwise than in person pursuant to the provisions of the Voting Accessibility for the Elderly and Handicapped Act, 52 U.S.C. §§ 20101 et seq.; or
(f) Is entitled to vote otherwise than in person pursuant to the provisions of any other federal law.
3. If a person fails to provide the identification required pursuant to paragraph (b) of subsection 1 of NRS 293.2725 with his or her mail ballot:
(a) The mail ballot must be treated as a provisional ballot; and
(b) The county or city clerk must:
(1) Contact the person;
(2) Allow the person to provide the identification required before 5 p.m. on the third day following the election; and
(3) If the identification required pursuant to paragraph (b) of subsection 1 of NRS 293.2725 is provided, ensure the mail ballot is delivered to the appropriate mail ballot central counting board.
Sec. 18. 1. Except as otherwise provided in section 19 of this act and chapter 293D of NRS, in order to vote a mail ballot for any affected election, the voter must, in accordance with the instructions:
(a) Mark and fold the mail ballot;
(b) Deposit the mail ballot in the return envelope and seal the return envelope;
(c) Affix his or her signature on the return envelope in the space provided for the signature; and
(d) Mail or deliver the return envelope in a manner authorized by law.
2. Except as otherwise provided in chapter 293D of NRS, voting must be only upon candidates whose names appear upon the mail ballot as prepared pursuant to section 15 of this act, and no person may write in the name of an additional candidate for any office.
3. If a mail ballot has been sent to a voter who applies to vote in person at a polling place, including, without limitation, a polling place for early voting, the voter must, in addition to complying with all other requirements for voting in person that are set forth in this chapter or chapter 293C of NRS, as applicable, surrender his or her mail ballot or sign an affirmation under penalty of perjury that the voter has not voted during the election. A person who receives a surrendered mail ballot shall mark it Cancelled.
Sec. 19. 1. Except as otherwise provided in this section, for any affected election, a person shall not mark and sign a mail ballot on behalf of a voter or assist a voter to mark and sign a mail ballot pursuant to the provisions of sections 2 to 27, inclusive, of this act.
2. At the direction of a voter who has a physical disability, is at least 65 years of age or is unable to read or write, a person may mark and sign a mail ballot on behalf of the voter or assist the voter to mark and sign a mail ballot pursuant to this section.
3. If a person marks and signs a mail ballot on behalf of a voter pursuant to this section, the person must:
(a) Indicate next to his or her signature that the mail ballot has been marked and signed on behalf of the voter; and
κ2020 Statutes of Nevada, 32nd Special Session, Page 30 (CHAPTER 3, AB 4)κ
(b) Submit a written statement with the mail ballot that includes the name, address and signature of the person.
4. If a person assists a voter to mark and sign a mail ballot pursuant to this section, the person or the voter must submit a written statement with the mail ballot that includes the name, address and signature of the person who provided the assistance.
Sec. 20. 1. Except as otherwise provided in subsection 2 and chapter 293D of NRS, in order for a mail ballot to be counted for any affected election, the mail ballot must be:
(a) Before the time set for closing of the polls, delivered by hand to the county or city clerk, as applicable, or any ballot drop box established in the county or city, as applicable, pursuant to this section; or
(b) Mailed to the county or city clerk, as applicable, and:
(1) Postmarked on or before the day of the election; and
(2) Received by the clerk not later than 5 p.m. on the seventh day following the election.
2. If a mail ballot is received by mail not later than 5 p.m. on the third day following the election and the date of the postmark cannot be determined, the mail ballot shall be deemed to have been postmarked on or before the day of the election.
3. Each county or city clerk must establish at least one location in the county or city, as applicable, for a ballot drop box where mail ballots can be delivered by hand and collected during the period for early voting and on election day.
4. A ballot drop box must be:
(a) Constructed of metal or any other rigid material of sufficient strength and resistance to protect the security of the mail ballots; and
(b) Capable of securely receiving and holding the mail ballots and being locked.
5. A ballot drop box must be:
(a) Placed in an accessible and convenient location at the office of the county or city clerk, as applicable, or a polling place in the county or city, as applicable; and
(b) Made available for use during the hours when the office of the county or city clerk, as applicable, or the polling place is open for business or voting, as applicable.
Sec. 21. 1. Except as otherwise provided in subsection 2, at the request of a voter whose mail ballot has been prepared by or on behalf of the voter for an affected election, a person authorized by the voter may return the mail ballot on behalf of the voter by mail or personal delivery to the county or city clerk, as applicable, or any ballot drop box established in the county or city, as applicable, pursuant to section 20 of this act.
2. Except for an election board officer in the course of the election board officers official duties, a person shall not willfully:
(a) Impede, obstruct, prevent or interfere with the return of a voters mail ballot;
(b) Deny a voter the right to return the voters mail ballot; or
(c) If the person receives the voters mail ballot and authorization to return the mail ballot on behalf of the voter by mail or personal delivery, fail to return the mail ballot, unless otherwise authorized by the voter, by mail or personal delivery:
κ2020 Statutes of Nevada, 32nd Special Session, Page 31 (CHAPTER 3, AB 4)κ
(1) Before the end of the third day after the day of receipt, if the person receives the mail ballot from the voter four or more days before the day of the election; or
(2) Before the deadline established by the United States Postal Service for the mail ballot to be postmarked on the day of the election or before the polls close on the day of the election, as applicable to the type of delivery, if the person receives the mail ballot from the voter three or fewer days before the day of the election.
3. A person who violates any provision of subsection 2 is guilty of a category E felony and shall be punished as provided in NRS 193.130.
Sec. 22. 1. For any affected election, the county or city clerk, as applicable, shall establish procedures for the processing and counting of mail ballots.
2. The procedures established pursuant to subsection 1:
(a) May authorize mail ballots to be processed and counted by electronic means; and
(b) Must not conflict with the provisions of sections 2 to 27, inclusive, of this act.
Sec. 23. 1. Except as otherwise provided in NRS 293D.200, for any affected election, when a mail ballot is returned by or on behalf of a voter to the county or city clerk, as applicable, and a record of its return is made in the mail ballot record for the election, the clerk or an employee in the office of the clerk shall check the signature used for the mail ballot in accordance with the following procedure:
(a) The clerk or employee shall check the signature used for the mail ballot against all signatures of the voter available in the records of the clerk.
(b) If at least two employees in the office of the clerk believe there is a reasonable question of fact as to whether the signature used for the mail ballot matches the signature of the voter, the clerk shall contact the voter and ask the voter to confirm whether the signature used for the mail ballot belongs to the voter.
2. For purposes of subsection 1:
(a) There is a reasonable question of fact as to whether the signature used for the mail ballot matches the signature of the voter if the signature used for the mail ballot differs in multiple, significant and obvious respects from the signatures of the voter available in the records of the clerk.
(b) There is not a reasonable question of fact as to whether the signature used for the mail ballot matches the signature of the voter if:
(1) The signature used for the mail ballot is a variation of the signature of the voter caused by the substitution of initials for the first or middle name or the use of a common nickname and it does not otherwise differ in multiple, significant and obvious respects from the signatures of the voter available in the records of the clerk; or
(2) There are only slight dissimilarities between the signature used for the mail ballot and the signatures of the voter available in the records of the clerk.
3. Except as otherwise provided in subsection 4, if the clerk determines that the voter is entitled to cast the mail ballot, the clerk shall deposit the mail ballot in the proper ballot box or place the mail ballot, unopened, in a container that must be securely locked or under the control of the clerk at all times.
κ2020 Statutes of Nevada, 32nd Special Session, Page 32 (CHAPTER 3, AB 4)κ
of the clerk at all times. The clerk shall deliver the mail ballots to the mail ballot central counting board to be processed and prepared for counting.
4. If the clerk determines when checking the signature used for the mail ballot that the voter failed to affix his or her signature or failed to affix it in the manner required by law for the mail ballot or that there is a reasonable question of fact as to whether the signature used for the mail ballot matches the signature of the voter, but the voter is otherwise entitled to cast the mail ballot, the clerk shall contact the voter and advise the voter of the procedures to provide a signature or a confirmation that the signature used for the mail ballot belongs to the voter, as applicable. For the mail ballot to be counted, the voter must provide a signature or a confirmation, as applicable, not later than 5 p.m. on the ninth day following the election.
5. The clerk shall prescribe procedures for a voter who failed to affix his or her signature or failed to affix it in the manner required by law for the mail ballot, or for whom there is a reasonable question of fact as to whether the signature used for the mail ballot matches the signature of the voter, in order to:
(a) Contact the voter;
(b) Allow the voter to provide a signature or a confirmation that the signature used for the mail ballot belongs to the voter, as applicable; and
(c) After a signature or a confirmation is provided, as applicable, ensure the mail ballot is delivered to the mail ballot central counting board.
6. The procedures established pursuant to subsection 5 for contacting a voter must require the clerk to contact the voter, as soon as possible after receipt of the mail ballot, by:
(a) Mail;
(b) Telephone, if a telephone number for the voter is available in the records of the clerk; and
(c) Electronic mail, if the voter has provided the clerk with sufficient information to contact the voter by such means.
Sec. 24. 1. For any affected election, the county or city clerk, as applicable, shall appoint a mail ballot central counting board for the election.
2. The clerk shall appoint and notify voters to act as election board officers for the mail ballot central counting board in such numbers as the clerk determines to be required by the volume of mail ballots required to be sent to each active registered voter in the county or city, as applicable, for the election. The voters appointed as election board officers for the mail ballot central counting board must not all be of the same political party. No candidate for nomination or election or a relative of the candidate within the second degree of consanguinity or affinity may be appointed as such an election board officer.
3. The clerks deputies who perform duties in connection with elections shall be deemed officers of the mail ballot central counting board.
4. The mail ballot central counting board is under the direction of the clerk.
Sec. 25. 1. For any affected election, the mail ballot central counting board may begin counting the received mail ballots 15 days before the day of the election. The board must complete the count of all mail ballots on or before the ninth day following the election. The counting procedure must be public.
κ2020 Statutes of Nevada, 32nd Special Session, Page 33 (CHAPTER 3, AB 4)κ
2. If two or more mail ballots are found folded together to present the appearance of a single ballot, they must be laid aside. If a majority of the inspectors are of the opinion that the mail ballots folded together were voted by one person, the mail ballots must be rejected and placed in an envelope, upon which must be written the reason for their rejection. The envelope must be signed by an election board officer and placed in the container or ballot box after the count is completed.
Sec. 26. Except as otherwise provided in NRS 293D.200, for any affected election, each mail ballot central counting board shall process the mail ballots in the following manner:
1. The name of the voter, as shown on the return envelope, must be checked as if the voter were voting in person;
2. If the board determines that the voter is entitled to cast a mail ballot, the return envelope must be opened, the numbers on the mail ballot and return envelope compared, the number strip or stub detached from the mail ballot and, if the numbers are the same, the mail ballot must be counted;
3. An election board officer shall indicate in the roster Voted by the name of the voter; and
4. When all mail ballots delivered to the board have been voted or rejected, except as otherwise provided in NRS 293D.200, the empty envelopes and the envelopes containing rejected mail ballots must be returned to the clerk. On all envelopes containing rejected mail ballots, the cause of rejection must be noted and the envelope signed by an election board officer.
Sec. 27. 1. For any affected election, the voting results of the mail ballot vote in each precinct must be certified and submitted to the county or city clerk, as applicable, who shall have the results added to the votes of the precinct that were not cast by mail ballot. The returns of the mail ballot vote must be reported separately from the other votes that were not cast by mail ballot in the precinct unless reporting the returns separately would violate the secrecy of a voters ballot.
2. The clerk shall develop a procedure to ensure that each mail ballot is kept secret.
3. No voting results of mail ballots may be released until all polling places are closed and all votes have been cast on the day of the election. Any person who disseminates to the public in any way information pertaining to the count of mail ballots before all polling places are closed and all votes have been cast on the day of the election is guilty of a misdemeanor.
Sec. 28. 1. Except as otherwise provided in this section and NRS 293.316, a person shall not mark and sign an absent ballot on behalf of an absent voter or assist an absent voter to mark and sign an absent ballot pursuant to NRS 293.3088 to 293.340, inclusive.
2. At the direction of an absent voter who has a physical disability, is at least 65 years of age or is unable to read or write, a person may mark and sign an absent ballot on behalf of the voter or assist the voter to mark and sign an absent ballot pursuant to this section.
3. If a person marks and signs an absent ballot on behalf of an absent voter pursuant to this section, the person must:
(a) Indicate next to his or her signature that the absent ballot has been marked and signed on behalf of the voter; and
κ2020 Statutes of Nevada, 32nd Special Session, Page 34 (CHAPTER 3, AB 4)κ
(b) Submit a written statement with the absent ballot that includes the name, address and signature of the person.
4. If a person assists an absent voter to mark and sign an absent ballot pursuant to this section, the person or the voter must submit a written statement with the absent ballot that includes the name, address and signature of the person who provided the assistance.
Sec. 29. 1. Except as otherwise provided in this section, a person shall not mark and sign a mailing ballot on behalf of a voter or assist a voter to mark and sign a mailing ballot pursuant to NRS 293.343 to 293.355, inclusive.
2. At the direction of a voter who has a physical disability, is at least 65 years of age or is unable to read or write, a person may mark and sign a mailing ballot on behalf of the voter or assist the voter to mark and sign a mailing ballot pursuant to this section.
3. If a person marks and signs a mailing ballot on behalf of a voter pursuant to this section, the person must:
(a) Indicate next to his or her signature that the mailing ballot has been marked and signed on behalf of the voter; and
(b) Submit a written statement with the mailing ballot that includes the name, address and signature of the person.
4. If a person assists a voter to mark and sign a mailing ballot pursuant to this section, the person or the voter must submit a written statement with the mailing ballot that includes the name, address and signature of the person who provided the assistance.
Sec. 30. NRS 293.272 is hereby amended to read as follows:
293.272 1. Except as otherwise provided in subsection 2 and in NRS 293.2725 and 293.3083, a person who registered by mail or computer to vote shall, for the first election in which the person votes at which that registration is valid, vote in person unless he or she has previously voted in the county in which he or she is registered to vote.
2. The provisions of subsection 1 do not apply to a person who:
(a) Is entitled to vote in the manner prescribed in NRS 293.343 to 293.355, inclusive [;] , and section 29 of this act;
(b) Is entitled to vote an absent ballot pursuant to federal law, NRS 293.316 or chapter 293D of NRS;
(c) Is disabled;
(d) Is provided the right to vote otherwise than in person pursuant to the Voting Accessibility for the Elderly and Handicapped Act, 52 U.S.C. §§ 20101 et seq.;
(e) Submits or has previously submitted a written request for an absent ballot that is signed by the registered voter before a notary public or other person authorized to administer an oath; [or]
(f) Requests an absent ballot in person at the office of the county clerk [.] ; or
(g) Is sent a mail ballot pursuant to the provisions of section 16 of this act and includes a copy of the information required pursuant to paragraph (b) of subsection 1 of NRS 293.2725 with his or her voted mail ballot, if required pursuant to section 17 of this act.
Sec. 31. NRS 293.3088 is hereby amended to read as follows:
293.3088 As used in NRS 293.3088 to 293.340, inclusive, and section 28 of this act, sufficient written notice means a:
κ2020 Statutes of Nevada, 32nd Special Session, Page 35 (CHAPTER 3, AB 4)κ
1. Written request for an absent ballot which is signed by the registered voter and returned to the county clerk in person or by mail or approved electronic transmission;
2. Form prescribed by the Secretary of State which is completed and signed by the registered voter and returned to the county clerk in person or by mail or approved electronic transmission; or
3. Form provided by the Federal Government.
Sec. 32. NRS 293.309 is hereby amended to read as follows:
293.309 1. The county clerk of each county shall prepare an absent ballot for the use of registered voters who have requested absent ballots. The county clerk shall make reasonable accommodations for the use of the absent ballot by a person who is elderly or disabled, including, without limitation, by providing, upon request, the absent ballot in 12-point type to a person who is elderly or disabled.
2. The ballot must be prepared and ready for distribution to [a] :
(a) Each registered voter who:
[(a)] (1) Resides within the State, not later than 20 days before the election in which it is to be used; and
[(b)] (2) Except as otherwise provided in paragraph [(c),] (b), resides outside the State, not later than 40 days before a primary or general election, if possible . [; or
(c) Requested an absent]
(b) Each covered voter who is entitled to have a military-overseas ballot transmitted pursuant to the provisions of chapter 293D of NRS or the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. §§ 20301 et seq., not later than [45 days before the election.] the time required by those provisions.
3. Any untimely legal action which would prevent the ballot from being [issued] distributed to any voter pursuant to subsection 2 is moot and of no effect.
Sec. 33. NRS 293.310 is hereby amended to read as follows:
293.310 1. Except as otherwise provided in NRS 293.330 and chapter 293D of NRS, a registered voter who requests and receives an absent [voters] ballot may vote only by absent ballot at the election for which the absent ballot was issued.
2. If a registered voter has requested an absent ballot and the absent ballot has been mailed or issued, the county clerk shall notify the appropriate election board that the registered voter has requested an absent ballot.
Sec. 34. NRS 293.313 is hereby amended to read as follows:
293.313 1. Except as otherwise provided in NRS 293.272 , 293.316, 293.3165 and 293.502, a registered voter may request an absent ballot if, before 5 p.m. on the 14th calendar day preceding the election, the registered voter:
(a) Provides sufficient written notice to the county clerk; and
(b) Has identified himself or herself to the satisfaction of the county clerk.
2. A registered voter may request an absent ballot for all elections held during the year he or she requests an absent ballot.
3. A county clerk shall consider a request from a voter who has given sufficient written notice on a form provided by the Federal Government as a request for an absent ballot for the primary and general elections immediately following the date on which the county clerk received the request.
κ2020 Statutes of Nevada, 32nd Special Session, Page 36 (CHAPTER 3, AB 4)κ
4. It is unlawful for a person fraudulently to request an absent ballot in the name of another person or to induce or coerce another person fraudulently to request an absent ballot in the name of another person. A person who violates this subsection is guilty of a category E felony and shall be punished as provided in NRS 193.130.
Sec. 35. NRS 293.316 is hereby amended to read as follows:
293.316 1. Any registered voter who is unable to go to the polls:
(a) Because of an illness or disability resulting in confinement in a hospital, sanatorium, dwelling or nursing home; or
(b) Because the registered voter is suddenly hospitalized, becomes seriously ill or is called away from home after the time has elapsed for requesting an absent ballot [as provided in] for the election pursuant to subsection 1 of NRS 293.313,
Κ may submit a written request to the county clerk for an absent ballot. The request [may] must be submitted [at any time] before 5 p.m. on the day of the election.
2. If the county clerk determines that a request submitted pursuant to subsection 1 includes the information required pursuant to subsection 3, the county clerk shall, at the office of the county clerk, deliver an absent ballot to the person designated in the request to obtain the absent ballot for the registered voter.
3. A written request submitted pursuant to subsection 1 must include:
(a) The name, address and signature of the registered voter requesting the absent ballot;
(b) The name, address and signature of the person designated by the registered voter to obtain, deliver and return the absent ballot for the registered voter;
(c) A brief statement of the illness or disability of the registered voter or of facts sufficient to establish that the registered voter was called away from home after the time had elapsed for requesting [an] the absent ballot;
(d) If the voter is confined in a hospital, sanatorium, dwelling or nursing home, a statement that he or she will be confined therein on the day of the election; and
(e) Unless the person designated pursuant to paragraph (b) will mark and sign [an] the absent ballot on behalf of the registered voter pursuant to subsection 5, a statement signed under penalty of perjury that only the registered voter will mark and sign the absent ballot.
4. Except as otherwise provided in subsection 5, [after marking] in order to vote the absent ballot, the registered voter must [:
(a) Place it] , in accordance with the instructions:
(a) Mark and fold the absent ballot;
(b) Deposit the absent ballot in the [identification] return envelope [;
(b)] and seal the return envelope;
(c) Affix his or her signature on [the back of] the return envelope [; and
(c) Return it to the office of the county clerk.] in the space provided for the signature; and
(d) Mail or deliver the return envelope in a manner authorized by law.
5. A person designated in a request submitted pursuant to subsection 1 may, on behalf of and at the direction of the registered voter, mark and sign the absent ballot. If the person marks and signs the absent ballot [,] pursuant to this section, the person [shall indicate] must:
κ2020 Statutes of Nevada, 32nd Special Session, Page 37 (CHAPTER 3, AB 4)κ
(a) Indicate next to his or her signature that the absent ballot has been marked and signed on behalf of the registered voter [.
6. A request for an] ; and
(b) Submit a written statement with the absent ballot that includes the name, address and signature of the person.
6. An absent ballot [submitted] prepared by or on behalf of the registered voter pursuant to this section must be [made, and the ballot] mailed or delivered to [the voter and returned to] the county clerk [, not later than the time the polls close on election day.] in accordance with NRS 293.317.
7. The procedure authorized by this section is subject to all other provisions of this chapter relating to voting by absent ballot to the extent that those provisions are not inconsistent with the provisions of this section.
Sec. 36. NRS 293.3165 is hereby amended to read as follows:
293.3165 1. [A] Except as otherwise provided in this section, a registered voter who provides sufficient written notice to the [appropriate] county clerk may request that the registered voter receive an absent ballot for all elections at which the registered voter is eligible to vote. The written notice is effective for all elections that are conducted after the registered voter provides the written notice to the county clerk, except that the written notice is not effective for the next ensuing election unless the written notice is provided to the county clerk before the time has elapsed for requesting an absent ballot for the election pursuant to subsection 1 of NRS 293.313.
2. Except as otherwise provided in [subsection 4,] this section or for an affected election that is subject to the provisions of sections 2 to 27, inclusive, of this act, upon receipt of [a request submitted by a] the written notice provided by the registered voter pursuant to subsection 1, the county clerk shall:
(a) Issue an absent ballot to the registered voter for each primary election, general election and special election , other than a special city election , that is conducted after [the date] the written [statement is submitted to the county clerk.] notice is effective pursuant to subsection 1.
(b) Inform the applicable city clerk of receipt of the written [statement.] notice provided by the registered voter. Upon [receipt] being informed of the written notice [from] by the county clerk, the city clerk shall issue an absent ballot for each primary city election, general city election and special city election that is conducted after the [date the city clerk receives] written notice [from the county clerk.
3. If, at the direction of a registered voter with a physical disability or who is at least 65 years of age, a person:
(a) Marks and signs an absent ballot issued to the registered voter pursuant to the provisions of this section on behalf of the registered voter, the person must:
(1) Indicate next to his or her signature that the ballot has been marked and signed on behalf of the registered voter; and
(2) Submit a written statement with the absent ballot that includes the name, address and signature of the person.
(b) Assists the registered voter to mark and sign an absent ballot issued to the registered voter pursuant to the provisions of this section, the person or registered voter must submit a written statement with the absent ballot that includes the name, address and signature of the person.
4. A] is effective pursuant to subsection 1.
κ2020 Statutes of Nevada, 32nd Special Session, Page 38 (CHAPTER 3, AB 4)κ
3. The county clerk [may] must not mail an absent ballot requested by a registered voter pursuant to subsection 1 if, after the request is submitted:
(a) The registered voter is designated inactive pursuant to NRS 293.530;
(b) The county clerk cancels the registration of the person pursuant NRS 293.527, 293.530, 293.535 or 293.540; or
(c) An absent ballot is returned to the county clerk as undeliverable, unless the registered voter has submitted a new request pursuant to subsection 1.
[5.] 4. The procedure authorized pursuant to this section is subject to all other provisions of this chapter relating to voting by absent ballot to the extent that those provisions are not inconsistent with the provisions of this section.
Sec. 37. NRS 293.317 is hereby amended to read as follows:
293.317 1. Except as otherwise provided in this section, subsection 2 [,] of NRS 293.323 and NRS 293D.200, absent ballots, including special absent ballots, must be:
(a) Delivered by hand to the county clerk before the time set for closing of the polls pursuant to NRS 293.273; or
(b) Mailed to the county clerk and:
(1) Postmarked on or before the day of election; and
(2) Received by the county clerk [within the period for the counting of absent ballots pursuant to subsection 2 of NRS 293.333.] not later than 5 p.m. on the seventh day following the election.
2. If an absent ballot is received by mail not [more than 3 days after the day of] later than 5 p.m. on the third day following the election and the date of the postmark cannot be determined, the absent ballot shall be deemed to have been postmarked on or before the day of the election.
Sec. 38. NRS 293.323 is hereby amended to read as follows:
293.323 1. Except as otherwise provided in subsection 2 and chapter 293D of NRS [,] or for an affected election that is subject to the provisions of sections 2 to 27, inclusive, of this act, if the request for an absent ballot is made by mail or approved electronic transmission, the county clerk shall, as soon as the [official] absent ballot for the precinct or district in which the [applicant] absent voter resides has been [printed,] prepared pursuant to NRS 293.309, send to the voter by first-class mail, or by any class of mail if the Official Election Mail logo or an equivalent logo or mark created by the United States Postal Service is properly placed on the [official] absent ballot:
(a) An absent ballot;
(b) A return envelope;
(c) An envelope or similar device into which the absent ballot is inserted to ensure its secrecy;
(d) An identification envelope, if applicable; and
(e) Instructions.
2. If the county clerk fails to send an absent ballot pursuant to subsection 1 to [a] an absent voter who resides within the continental United States, the county clerk may use approved electronic transmission to send an absent ballot and instructions to the voter. The voter may mail or deliver the absent ballot to the county clerk in a manner authorized by law or submit the absent ballot by approved electronic transmission.
3. The return envelope sent pursuant to subsection 1 must include postage prepaid by first-class mail if the absent voter is within the boundaries of the United States, its territories or possessions or on a military base.
κ2020 Statutes of Nevada, 32nd Special Session, Page 39 (CHAPTER 3, AB 4)κ
4. Nothing may be enclosed or sent with an absent ballot except as required by subsection 1 or 2 and chapter 293D of NRS.
5. Before depositing [a] an absent ballot in the mail or sending [a] an absent ballot by approved electronic transmission, the county clerk shall record [the] :
(a) The date the absent ballot is issued [, the] ;
(b) The name of the [registered] absent voter to whom [it] the absent ballot is issued, [the registered voters] his or her precinct or district [,] and his or her political affiliation, if any, [the] unless all the offices on the absent ballot are nonpartisan offices;
(c) The number of the absent ballot ; and [any]
(d) Any remarks the county clerk finds appropriate.
6. The Secretary of State shall adopt regulations to carry out the provisions of subsection 2.
Sec. 39. NRS 293.325 is hereby amended to read as follows:
293.325 1. Except as otherwise provided in NRS 293D.200, when an absent ballot is returned by [a registered] or on behalf of an absent voter to the county clerk through the mail, by facsimile machine or other approved electronic transmission or in person, and a record [thereof] of its return is made in the absent ballot record [book,] for the election, the county clerk or an employee in the office of the county clerk shall check the signature used for the absent ballot in accordance with the following procedure:
(a) The county clerk or employee shall check the signature [on the return envelope, facsimile or other approved electronic transmission] used for the absent ballot against all signatures of the voter available in the records of the county clerk.
(b) If at least two employees in the office of the county clerk believe there is a reasonable question of fact as to whether the signature [on] used for the absent ballot matches the signature of the voter, the county clerk shall contact the voter and ask the voter to confirm whether the signature [on] used for the absent ballot belongs to the voter.
2. For purposes of subsection 1:
(a) There is a reasonable question of fact as to whether the signature used for the absent ballot matches the signature of the voter if the signature used for the absent ballot differs in multiple, significant and obvious respects from the signatures of the voter available in the records of the county clerk.
(b) There is not a reasonable question of fact as to whether the signature used for the absent ballot matches the signature of the voter if:
(1) The signature used for the absent ballot is a variation of the signature of the voter caused by the substitution of initials for the first or middle name or the use of a common nickname and it does not otherwise differ in multiple, significant and obvious respects from the signatures of the voter available in the records of the county clerk; or
(2) There are only slight dissimilarities between the signature used for the absent ballot and the signatures of the voter available in the records of the county clerk.
3. Except as otherwise provided in subsection [3,] 4, if the county clerk determines [pursuant to subsection 1] that the absent voter is entitled to cast [a] the absent ballot and:
(a) No absent ballot central counting board has been appointed, the county clerk shall neatly stack, unopened, the absent ballot with any other absent ballot received that day in a container and deliver, or cause to be delivered, that container to the appropriate election board.
κ2020 Statutes of Nevada, 32nd Special Session, Page 40 (CHAPTER 3, AB 4)κ
absent ballot received that day in a container and deliver, or cause to be delivered, that container to the appropriate election board.
(b) An absent ballot central counting board has been appointed, the county clerk shall deposit the absent ballot in the proper ballot box or place the absent ballot, unopened, in a container that must be securely locked or under the control of the county clerk at all times. At the end of each day before election day, the county clerk may remove the absent ballots from each ballot box, neatly stack the absent ballots in a container and seal the container with a numbered seal. Not earlier than [4 working] 15 days before the election, the county clerk shall deliver the absent ballots to the absent ballot central counting board to be processed and prepared for counting pursuant to the procedures established by the Secretary of State to ensure the confidentiality of the prepared ballots until after the polls have closed pursuant to NRS 293.273 or 293.305.
[3.] 4. If the county clerk determines when checking the signature [of the voter pursuant to subsection 1] used for the absent ballot that the absent voter [did not sign the return envelope as required pursuant to NRS 293.330] failed to affix his or her signature or failed to affix it in the manner required by law for the absent ballot or that there is a reasonable question of fact as to whether the signature used for the absent ballot matches the signature of the voter, but the voter is otherwise entitled to cast [a] the absent ballot, the county clerk shall contact the [absent] voter and advise the voter of the procedures to provide a signature [established pursuant to subsection 4.] or a confirmation that the signature used for the absent ballot belongs to the voter, as applicable. For the absent ballot to be counted, the [absent] voter must provide a signature [within the period for the counting of absent ballots pursuant to subsection 2 of NRS 293.333.
4. Each] or a confirmation, as applicable, not later than 5 p.m. on the seventh day following the election or, if applicable, the ninth day following an affected election that is subject to the provisions of sections 2 to 27, inclusive, of this act.
5. The county clerk shall prescribe procedures for [a] an absent voter who [did not sign the return envelope of an] failed to affix his or her signature or failed to affix it in the manner required by law for the absent ballot , or for whom there is a reasonable question of fact as to whether the signature used for the absent ballot matches the signature of the voter, in order to:
(a) Contact the voter;
(b) Allow the voter to provide a signature [;] or a confirmation that the signature used for the absent ballot belongs to the voter, as applicable; and
(c) After a signature or a confirmation is provided, as applicable, ensure the absent ballot is delivered to the appropriate election board or the absent ballot central counting board, as applicable.
6. The procedures established pursuant to subsection 5 for contacting an absent voter must require the county clerk to contact the voter, as soon as possible after receipt of the absent ballot, by:
(a) Mail;
(b) Telephone, if a telephone number for the voter is available in the records of the county clerk; and
(c) Electronic mail, if the voter has provided the clerk with sufficient information to contact the voter by such means.
κ2020 Statutes of Nevada, 32nd Special Session, Page 41 (CHAPTER 3, AB 4)κ
Sec. 40. NRS 293.330 is hereby amended to read as follows:
293.330 1. Except as otherwise provided in this section, subsection 2 of NRS 293.323 , section 28 of this act and chapter 293D of NRS, [and any regulations adopted pursuant thereto, when an absent voter receives] in order to vote an absent ballot, the absent voter must , [mark and fold it] in accordance with the instructions [, deposit it] :
(a) Mark and fold the absent ballot;
(b) Deposit the absent ballot in the return envelope [,] and seal the return envelope [, affix] ;
(c) Affix his or her signature on [the back of] the return envelope in the space provided [therefor and mail] for the signature; and
(d) Mail or deliver the return envelope [.] in a manner authorized by law.
2. Except as otherwise provided in subsection 3, if [an absent] a voter who has requested [a] an absent ballot by mail applies to vote the absent ballot in person at:
(a) The office of the county clerk, the [absent] voter must mark and fold the absent ballot, [seal] deposit it in the return envelope and seal the return envelope and affix his or her signature in the same manner as provided in subsection 1, and deliver the return envelope to the clerk.
(b) A polling place, including, without limitation, a polling place for early voting, the [absent] voter must surrender the absent ballot and provide satisfactory identification before being issued a ballot to vote at the polling place. A person who receives a surrendered absent ballot shall mark it Cancelled.
3. If [an absent] a voter who has requested [a] an absent ballot by mail applies to vote in person at the office of the county clerk or a polling place, including, without limitation, a polling place for early voting, and the voter does not have the absent ballot to deliver or surrender, the voter must be issued a ballot to vote if the voter:
(a) Provides satisfactory identification;
(b) Is a registered voter who is otherwise entitled to vote; and
(c) Signs an affirmation under penalty of perjury on a form prepared by the Secretary of State declaring that the voter has not voted during the election.
4. Except as otherwise provided in [NRS 293.316 and 293.3165, it is unlawful for any person to return an absent ballot other than the voter who requested the absent ballot or,] subsection 5, at the request of [the voter, a member of the voters family. A person who returns an] a voter whose absent ballot [and who is a member of the family of] has been prepared by or on behalf of the voter for an election, a person authorized by the voter [who requested] may return the absent ballot [shall, under penalty of perjury, indicate on a form prescribed by the county clerk that the person is a member of the family] on behalf of the voter [who requested the] by mail or personal delivery to the county clerk.
5. Except for an election board officer in the course of the election board officers official duties, a person shall not willfully:
(a) Impede, obstruct, prevent or interfere with the return of a voters absent ballot [and that the voter requested that] ;
(b) Deny a voter the [person] right to return the voters absent ballot [.] ; or
κ2020 Statutes of Nevada, 32nd Special Session, Page 42 (CHAPTER 3, AB 4)κ
(c) If the person receives the voters absent ballot and authorization to return the absent ballot on behalf of the voter by mail or personal delivery, fail to return the absent ballot, unless otherwise authorized by the voter, by mail or personal delivery:
(1) Before the end of the third day after the day of receipt, if the person receives the absent ballot from the voter four or more days before the day of the election; or
(2) Before the deadline established by the United States Postal Service for the absent ballot to be postmarked on the day of the election or before the polls close on the day of the election, as applicable to the type of delivery, if the person receives the absent ballot from the voter three or fewer days before the day of the election.
6. A person who violates [the provisions of this] any provision of subsection 5 is guilty of a category E felony and shall be punished as provided in NRS 193.130.
Sec. 41. NRS 293.333 is hereby amended to read as follows:
293.333 1. Except as otherwise provided in NRS 293D.200, on the day of an election, the election boards receiving the absent [voters] ballots from the county clerk shall, in the presence of a majority of the election board officers, remove the absent ballots from the ballot box and the containers in which the absent ballots were transported pursuant to NRS 293.325 and deposit the absent ballots in the regular ballot box in the following manner:
(a) The name of the voter, as shown on the return envelope or approved electronic transmission , must be [called and] checked as if the voter were voting in person;
(b) The signature [on the back of the return envelope or on the approved electronic transmission] used for the absent ballot must be [compared with that on the application to register to vote;] checked in accordance with the procedure set forth in NRS 293.325;
(c) If the board determines that the [absent] voter is entitled to cast [a] the absent ballot, the return envelope must be opened, the numbers on the absent ballot and return envelope or approved electronic transmission compared, the number strip or stub detached from the absent ballot and, if the numbers are the same, the absent ballot deposited in the regular ballot box; and
(d) The election board officers shall indicate in the roster Voted by the name of the voter.
2. [Counting of] The board must complete the count of all absent ballots [must continue through] on or before the seventh day following the election [.] or, if applicable, the ninth day following an affected election that is subject to the provisions of sections 2 to 27, inclusive, of this act.
Sec. 42. NRS 293.343 is hereby amended to read as follows:
293.343 1. [A] Except as otherwise provided for an affected election that is subject to the provisions of sections 2 to 27, inclusive, of this act, a registered voter who resides in an election precinct in which there were not more than 200 voters registered for the last preceding general election, or in a precinct in which it appears to the satisfaction of the county clerk and Secretary of State that there are not more than 200 registered voters, may vote at any election regulated by this chapter in the manner provided in NRS [293.345] 293.343 to 293.355, inclusive [.] , and section 29 of this act.
κ2020 Statutes of Nevada, 32nd Special Session, Page 43 (CHAPTER 3, AB 4)κ
2. [Whenever] Except as otherwise provided for an affected election that is subject to the provisions of sections 2 to 27, inclusive, of this act, whenever the county clerk has designated a precinct as a mailing precinct, registered voters residing in that precinct may vote at any election regulated by this chapter in the manner provided in NRS [293.345] 293.343 to 293.355, inclusive [.] , and section 29 of this act.
3. In a county whose population is 100,000 or more, whenever a registered voter is entitled to vote in a mailing precinct or an absent ballot mailing precinct, the county clerk:
(a) Shall designate at least one polling place in the county as the polling place where such a voter may vote in person, pursuant to paragraph (b) of subsection 2 of NRS 293.353 or subsection 3 of NRS 293.353, on election day; and
(b) May designate certain polling places for early voting as the polling places where such a voter may vote in person, pursuant to paragraph (b) of subsection 2 of NRS 293.353 or subsection 3 of NRS 293.353, during the period for early voting, if it is impractical for the county clerk to provide at each polling place for early voting a ballot in every form required in the county.
4. In a county whose population is less than 100,000, whenever a registered voter is entitled to vote in a mailing precinct or an absent ballot mailing precinct, the county clerk:
(a) May designate one or more polling places in the county as the polling place where such a voter may vote in person, pursuant to paragraph (b) of subsection 2 of NRS 293.353 or subsection 3 of NRS 293.353, on election day; and
(b) May designate certain polling places for early voting as the polling places where such a voter may vote in person, pursuant to paragraph (b) of subsection 2 of NRS 293.353 or subsection 3 of NRS 293.353, during the period for early voting, if it is impractical for the county clerk to provide at each polling place for early voting a ballot in every form required in the county.
5. Polling places designated pursuant to subsection 3 or 4 may include, without limitation, polling places located as closely as practicable to the mailing precincts.
Sec. 43. NRS 293.345 is hereby amended to read as follows:
293.345 1. [Before] Except as otherwise provided for an affected election that is subject to the provisions of sections 2 to 27, inclusive, of this act, before 5 p.m. on the last business day preceding the first day of the period for early voting for any primary election or general election, the county clerk shall cause to be mailed to each registered voter in each mailing precinct and in each absent ballot mailing precinct [an official] a mailing ballot, and accompanying supplies, as specified in NRS 293.350.
2. If the county clerk has designated, pursuant to subsection 3 or 4 of NRS 293.343, one or more polling places where a voter may vote in person, the [official] mailing ballot and the sample ballot must include a notice in bold type informing the voter of the location of the designated polling place or polling places on election day and the polling places during the period for early voting where the voter may vote in person pursuant to paragraph (b) of subsection 2 of NRS 293.353 or subsection 3 of NRS 293.353.
κ2020 Statutes of Nevada, 32nd Special Session, Page 44 (CHAPTER 3, AB 4)κ
3. Any untimely legal action which would prevent the mailing ballot from being distributed to any voter pursuant to this section is moot and of no effect.
Sec. 44. NRS 293.353 is hereby amended to read as follows:
293.353 1. Except as otherwise provided in [subsection 2 or 3, upon receipt of] this section, section 29 of this act and chapter 293D of NRS, in order to vote a mailing ballot , [from the county clerk,] the registered voter must, in accordance with the instructions [, mark] :
(a) Mark and fold the mailing ballot [, deposit] ;
(b) Deposit the mailing ballot in the return envelope and seal the [ballot in the] return envelope [, affix] ;
(c) Affix his or her signature on [the back of] the return envelope [and mail] in the space provided for the signature; and
(d) Mail or deliver the return envelope [to the county clerk.] in a manner authorized by law.
2. Except as otherwise provided in subsection 3, if a registered voter who has received a mailing ballot applies to vote in person at:
(a) The office of the county clerk, the registered voter must mark and fold the mailing ballot, [place and seal] deposit it in the return envelope and seal the return envelope and affix his or her signature in the same manner as provided in subsection 1, and deliver the return envelope to the clerk.
(b) One of the polling places on election day or a polling place for early voting in the county designated pursuant to subsection 3 or 4 of NRS 293.343, the registered voter must surrender the mailing ballot and provide satisfactory identification before being issued a ballot to vote at the polling place. A person who receives a surrendered mailing ballot shall mark it Cancelled.
3. If a registered voter who has received a mailing ballot wishes to vote in person at the office of the county clerk or at one of the polling places on election day or a polling place for early voting in the county designated pursuant to subsection 3 or 4 of NRS 293.343, and the voter does not have the mailing ballot to deliver or surrender, the voter must be issued a ballot to vote if the voter:
(a) Provides satisfactory identification;
(b) Is a registered voter who is otherwise entitled to vote; and
(c) Signs an affirmation under penalty of perjury on a form prepared by the Secretary of State declaring that the voter has not voted during the election.
4. [It is unlawful for any person to return a mailing ballot other than the registered voter to whom the ballot was sent or,] Except as otherwise provided in subsection 5, at the request of [the voter, a member of the family of that voter. A person who returns a] a voter whose mailing ballot [and who is a member of the family of] has been prepared by or on behalf of the voter for an election, a person authorized by the voter [who received] may return the mailing ballot [shall, under penalty of perjury, indicate on a form prescribed by the county clerk that the person is a member of the family] on behalf of the voter [who received the] by mail or personal delivery to the county clerk.
5. Except for an election board officer in the course of the election board officers official duties, a person shall not willfully:
(a) Impede, obstruct, prevent or interfere with the return of a voters mailing ballot [and that the voter requested that he or she] ;
κ2020 Statutes of Nevada, 32nd Special Session, Page 45 (CHAPTER 3, AB 4)κ
(b) Deny a voter the right to return the voters mailing ballot [.] ; or
(c) If the person receives the voters mailing ballot and authorization to return the mailing ballot on behalf of the voter by mail or personal delivery, fail to return the mailing ballot, unless otherwise authorized by the voter, by mail or personal delivery:
(1) Before the end of the third day after the day of receipt, if the person receives the mailing ballot from the voter four or more days before the day of the election; or
(2) Before the deadline established by the United States Postal Service for the mailing ballot to be postmarked on the day of the election or before the polls close on the day of the election, as applicable to the type of delivery, if the person receives the mailing ballot from the voter three or fewer days before the day of the election.
6. A person who violates [the provisions of this] any provision of subsection 5 is guilty of a category E felony and shall be punished as provided in NRS 193.130.
Sec. 45. NRS 293.355 is hereby amended to read as follows:
293.355 1. [Upon receipt of the return envelope from] When a mailing ballot is returned by or on behalf of a registered voter of a mailing precinct or absent ballot mailing precinct, whether through the mail or in person at the office of the county clerk pursuant to paragraph (a) of subsection 2 of NRS 293.353, the county clerk shall follow the same procedure as in the case of absent ballots.
2. Ballots voted in person at a polling place pursuant to paragraph (b) of subsection 2 of NRS 293.353 or subsection 3 of NRS 293.353, or at the office of the county clerk pursuant to subsection 3 of NRS 293.353, by registered voters of a mailing precinct or absent ballot mailing precinct must be processed and reported by the appointed election board or county clerk in the same manner as required by law for absent ballots voted in person pursuant to NRS 293.330.
Sec. 46. NRS 293.363 is hereby amended to read as follows:
293.363 Except as otherwise provided for an affected election that is subject to the provisions of sections 2 to 27, inclusive, of this act:
1. When the polls are closed, the counting board shall prepare to count the ballots voted. The counting procedure must be public and continue without adjournment until completed.
2. If the ballots are paper ballots, the counting board shall prepare in the following manner:
[1.] (a) The container that holds the ballots or the ballot box must be opened and the ballots contained therein counted by the counting board and opened far enough to ascertain whether each ballot is single. If two or more ballots are found folded together to present the appearance of a single ballot, they must be laid aside until the count of the ballots is completed. If a majority of the inspectors are of the opinion that the ballots folded together were voted by one person, the ballots must be rejected and placed in an envelope, upon which must be written the reason for their rejection. The envelope must be signed by the counting board officers and placed in the container or ballot box after the count is completed.
[2.] (b) If the ballots in the container or box are found to exceed in number the number of names as are indicated on the roster as having voted, the ballots must be replaced in the container or box, and a counting board officer, with his or her back turned to the container or box, shall draw out a number of ballots equal to the excess.
κ2020 Statutes of Nevada, 32nd Special Session, Page 46 (CHAPTER 3, AB 4)κ
number of ballots equal to the excess. The excess ballots must be marked on the back thereof with the words Excess ballots not counted. The ballots when so marked must be immediately sealed in an envelope and returned to the county clerk with the other ballots rejected for any cause.
[3.] (c) When it has been ascertained that the number of ballots agrees with the number of names of registered voters shown to have voted, the board shall proceed to count. If there is a discrepancy between the number of ballots and the number of voters, a record of the discrepancy must be made.
Sec. 47. NRS 293.365 is hereby amended to read as follows:
293.365 [No] Except as otherwise provided for an affected election that is subject to the provisions of sections 2 to 27, inclusive, of this act, no counting board in any precinct, district or polling place in which paper ballots are used may commence to count the votes until all ballots used or unused are accounted for.
Sec. 48. NRS 293.384 is hereby amended to read as follows:
293.384 1. Not earlier than [4 working] 15 days before the election, the counting board, if it is responsible for counting absent ballots, or the absent ballot central counting board shall withdraw all the absent ballots from each ballot box or container that holds absent ballots received before that day and ascertain that each box or container has the required number of absent ballots according to the county clerks absent [voters] ballot record [.] for the election.
2. The counting board or absent ballot central counting board shall count the number of absent ballots in the same manner as election boards.
Sec. 49. NRS 293.385 is hereby amended to read as follows:
293.385 1. Each day after the initial withdrawal of the absent ballots pursuant to NRS 293.384 and before the day of the election, the counting board, if it is responsible for counting absent ballots, or the absent ballot central counting board shall withdraw from the appropriate ballot boxes or containers all the absent ballots received the previous day and ascertain that each box or container has the required number of absent ballots according to the county clerks absent [voters] ballot record [.] for the election.
2. If any absent ballots are received by the county clerk on election day and the county clerk has determined that the absent voters are entitled to cast the absent ballots pursuant to NRS [293.316,] 293.325, the county clerk shall deposit the absent ballots in the appropriate ballot boxes or containers.
3. Not earlier than [4 working] 15 days before the election, the appropriate board shall, in public, count the votes cast on the absent ballots.
4. If paper ballots are used, the results of the absent ballot vote in each precinct must be certified and submitted to the county clerk who shall have the results added to the regular votes of the precinct. The returns of absent ballots must be reported separately from the regular votes of the precinct, unless reporting the returns separately would violate the secrecy of a voters ballot. The county clerks shall develop a procedure to ensure that each ballot is kept secret.
5. Any person who disseminates to the public in any way information pertaining to the count of absent ballots before the polls close is guilty of a misdemeanor.
Sec. 50. NRS 293.387 is hereby amended to read as follows:
293.387 1. As soon as the returns from all the precincts and districts in any county have been received by the board of county commissioners, the board shall meet and canvass the returns. The canvass must be completed on or before the 10th day following the election [.]
κ2020 Statutes of Nevada, 32nd Special Session, Page 47 (CHAPTER 3, AB 4)κ
or before the 10th day following the election [.] or, if applicable, the 13th day following an affected election that is subject to the provisions of sections 2 to 27, inclusive, of this act.
2. In making its canvass, the board shall:
(a) Note separately any clerical errors discovered; and
(b) Take account of the changes resulting from the discovery, so that the result declared represents the true vote cast.
3. The county clerk shall, as soon as the result is declared, enter upon the records of the board an abstract of the result, which must contain the number of votes cast for each candidate. The board, after making the abstract, shall cause the county clerk to certify the abstract and, by an order made and entered in the minutes of its proceedings, to make:
(a) A copy of the certified abstract; and
(b) A mechanized report of the abstract in compliance with regulations adopted by the Secretary of State,
Κ and transmit them to the Secretary of State [not more than 7 working days after] on or before the 10th day following the election [.] or, if applicable, the 13th day following an affected election that is subject to the provisions of sections 2 to 27, inclusive, of this act.
4. The Secretary of State shall, immediately after any primary election, compile the returns for all candidates voted for in more than one county. The Secretary of State shall make out and file in his or her office an abstract thereof, and shall certify to the county clerk of each county the name of each person nominated, and the name of the office for which the person is nominated.
Sec. 51. NRS 293.393 is hereby amended to read as follows:
293.393 1. On or before the 10th day after any general election or any other election at which votes are cast for any United States Senator, Representative in Congress, member of the Legislature or any state officer who is elected statewide [,] or, if applicable, on or before the 13th day after an affected election that is subject to the provisions of sections 2 to 27, inclusive, of this act, the board of county commissioners shall open the returns of votes cast and make abstracts of the votes.
2. Abstracts of votes must be prepared in the manner prescribed by the Secretary of State by regulation.
3. The county clerk shall make out a certificate of election to each of the persons having the highest number of votes for the district, county and township offices.
4. Each certificate must be delivered to the person elected upon application at the office of the county clerk.
Sec. 52. NRS 293.5837 is hereby amended to read as follows:
293.5837 1. Through the Thursday preceding the day of the election, an elector may register to vote in the county or city, as applicable, in which the elector is eligible to vote by submitting an application to register to vote by computer using the system established by the Secretary of State pursuant to NRS 293.671 before the elector appears at a polling place described in subsection 2 to vote in person.
2. If an elector submits an application to register to vote pursuant to this section, the elector may vote only in person:
(a) During the period for early voting, at any polling place for early voting by personal appearance in the county or city, as applicable, in which the elector is eligible to vote; or
κ2020 Statutes of Nevada, 32nd Special Session, Page 48 (CHAPTER 3, AB 4)κ
(b) On the day of the election, at:
(1) A polling place established pursuant to NRS 293.3072 or 293C.3032 [, if one has been established] or section 12 of this act, in the county or city, as applicable, in which the elector is eligible to vote; or
(2) The polling place for his or her election precinct.
3. To vote in person, an elector who submits an application to register to vote pursuant to this section must:
(a) Appear before the close of polls at a polling place described in subsection 2;
(b) Inform an election board officer that, before appearing at the polling place, the elector submitted an application to register to vote by computer using the system established by the Secretary of State pursuant to NRS 293.671; and
(c) Except as otherwise provided in subsection 4, provide his or her current and valid drivers license or identification card issued by the Department of Motor Vehicles which shows his or her physical address as proof of the electors identity and residency.
4. If the drivers license or identification card issued by the Department of Motor Vehicles to the elector does not have the electors current residential address, the following documents may be used to establish the residency of the elector if the current residential address of the elector, as indicated on his or her application to register to vote, is displayed on the document:
(a) A military identification card;
(b) A utility bill, including, without limitation, a bill for electric, gas, oil, water, sewer, septic, telephone, cellular telephone or cable television service;
(c) A bank or credit union statement;
(d) A paycheck;
(e) An income tax return;
(f) A statement concerning the mortgage, rental or lease of a residence;
(g) A motor vehicle registration;
(h) A property tax statement; or
(i) Any other document issued by a governmental agency.
5. Subject to final verification, if an elector submits an application to register to vote and appears at a polling place to vote in person pursuant to this section:
(a) The elector shall be deemed to be conditionally registered to vote at the polling place upon:
(1) The determination that the elector submitted the application to register to vote by computer using the system established by the Secretary of State pursuant to NRS 293.671 and that the application to register to vote is complete; and
(2) The verification of the electors identity and residency pursuant to this section.
(b) After the elector is deemed to be conditionally registered to vote at the polling place pursuant to paragraph (a), the elector:
(1) May vote in the election only at that polling place;
(2) Must vote as soon as practicable and before leaving that polling place; and
(3) Must vote by casting a provisional ballot, unless it is verified, at that time, that the elector is qualified to register to vote and to cast a regular ballot in the election at that polling place.
κ2020 Statutes of Nevada, 32nd Special Session, Page 49 (CHAPTER 3, AB 4)κ
Sec. 53. NRS 293.730 is hereby amended to read as follows:
293.730 1. [A] Except for an election board officer in the course of the election board officers official duties, a person shall not:
(a) Remain in or outside of any polling place so as to interfere with the conduct of the election.
(b) [Except an election board officer, receive] Accept from any voter a ballot prepared by or on behalf of the voter [.] , other than an absent ballot, mailing ballot, mail ballot or military-overseas ballot prepared by or on behalf of the voter with his or her authorization pursuant to this title.
(c) Remove a ballot from any polling place before the closing of the polls.
(d) Apply for or receive a ballot at any election precinct or district other than one at which the person is entitled to vote.
(e) Show his or her ballot to [any] another person, after voting, so as to reveal any of [the names voted for.] his or her votes on the ballot, other than on his or her absent ballot, mailing ballot, mail ballot or military-overseas ballot prepared by or on behalf of the voter with his or her authorization pursuant to this title.
(f) Inside a polling place, ask another person for his or her name, address or political affiliation or for whom he or she intends to vote.
(g) [Except an election board officer,] Send, transmit, distribute or deliver a ballot to a voter [.] , other than an absent ballot, mailing ballot, mail ballot or military-overseas ballot when permitted pursuant to this title.
(h) Except [an election board officer in the course of the election board officers official duties, inside a polling place, ask another person his or her name, address or political affiliation.] when permitted by the voter, alter, change, deface, damage or destroy an absent ballot, mailing ballot, mail ballot or military-overseas ballot prepared by or on behalf of the voter with his or her authorization pursuant to this title.
2. A voter shall not:
(a) [Receive] Accept a ballot from [any] another person , other than an election board officer [.] in the course of the election board officers official duties or a person who sends, transmits, distributes or delivers an absent ballot, mailing ballot, mail ballot or military-overseas ballot to the voter when permitted pursuant to this title.
(b) Deliver to an election board [or to any member thereof] officer in the course of the election board officers official duties any ballot other than the one received.
(c) Place any mark upon his or her ballot by which it may afterward be identified as the one that he or she voted [by the person.] , other than any such mark that is permitted to be placed on an absent ballot, mailing ballot, mail ballot or military-overseas ballot prepared by or on behalf of the voter with his or her authorization pursuant to this title.
3. Any person who violates any provision of this section is guilty of a category E felony and shall be punished as provided in NRS 193.130.
Sec. 54. NRS 293B.370 is hereby amended to read as follows:
293B.370 The absent ballot mailing precinct inspection board shall:
1. Perform functions similar to those of the central ballot inspection board and the ballot duplicating board as those functions are applicable to absent and mailing ballots.
κ2020 Statutes of Nevada, 32nd Special Session, Page 50 (CHAPTER 3, AB 4)κ
2. Bundle the empty [absentee] absent and mailing ballot return envelopes according to ballot type or precinct and deliver the bundles to the county clerk.
3. Treat any [absentee] absent or mailing ballot return envelope found not to contain a ballot as a rejected ballot and place each such envelope in a separate larger envelope on which must be written the ballot code or precinct and the reason for the rejection.
Sec. 55. Chapter 293C of NRS is hereby amended by adding thereto the provisions set forth as sections 56 and 57 of this act.
Sec. 56. 1. Except as otherwise provided in this section and NRS 293C.317, a person shall not mark and sign an absent ballot on behalf of an absent voter or assist an absent voter to mark and sign an absent ballot pursuant to NRS 293C.304 to 293C.340, inclusive.
2. At the direction of an absent voter who has a physical disability, is at least 65 years of age or is unable to read or write, a person may mark and sign an absent ballot on behalf of the voter or assist the voter to mark and sign an absent ballot pursuant to this section.
3. If a person marks and signs an absent ballot on behalf of an absent voter pursuant to this section, the person must:
(a) Indicate next to his or her signature that the absent ballot has been marked and signed on behalf of the voter; and
(b) Submit a written statement with the absent ballot that includes the name, address and signature of the person.
4. If a person assists an absent voter to mark and sign an absent ballot pursuant to this section, the person or the voter must submit a written statement with the absent ballot that includes the name, address and signature of the person who provided the assistance.
Sec. 57. 1. Except as otherwise provided in this section, a person shall not mark and sign a mailing ballot on behalf of a voter or assist a voter to mark and sign a mailing ballot pursuant to NRS 293C.342 to 293C.352, inclusive.
2. At the direction of a voter who has a physical disability, is at least 65 years of age or is unable to read or write, a person may mark and sign a mailing ballot on behalf of the voter or assist the voter to mark and sign a mailing ballot pursuant to this section.
3. If a person marks and signs a mailing ballot on behalf of a voter pursuant to this section, the person must:
(a) Indicate next to his or her signature that the mailing ballot has been marked and signed on behalf of the voter; and
(b) Submit a written statement with the mailing ballot that includes the name, address and signature of the person.
4. If a person assists a voter to mark and sign a mailing ballot pursuant to this section, the person or the voter must submit a written statement with the mailing ballot that includes the name, address and signature of the person who provided the assistance.
Sec. 58. NRS 293C.110 is hereby amended to read as follows:
293C.110 1. Except as otherwise provided in subsection 2 and NRS 293.5817, the conduct of any city election is under the control of the governing body of the city, and it shall, by ordinance, provide for the holding of the election, appoint the necessary election officers and election boards and do all other things required to carry the election into effect.
κ2020 Statutes of Nevada, 32nd Special Session, Page 51 (CHAPTER 3, AB 4)κ
2. Except as otherwise provided in NRS 293C.112, the governing body of the city shall provide for:
(a) Absent ballots to be voted in a city election pursuant to NRS 293C.304 to [293C.325, inclusive, and 293C.330 to] 293C.340, inclusive [;] , and section 56 of this act, except for the provisions of NRS 293C.327 and 293C.328 unless the governing body of the city provides for the applicability of those provisions pursuant to paragraph (b); and
(b) The conduct of:
(1) Early voting by personal appearance in a city election pursuant to NRS 293.5772 to 293.5887, inclusive, and 293C.355 to 293C.361, inclusive;
(2) Voting by absent ballot in person in a city election pursuant to NRS 293C.327 [;] and 293C.328; or
(3) Both early voting by personal appearance as described in subparagraph (1) and voting by absent ballot in person as described in subparagraph (2).
Sec. 59. NRS 293C.112 is hereby amended to read as follows:
293C.112 1. The governing body of a city may conduct a city election in which all ballots must be cast by mail if:
(a) The election is a special election; or
(b) The election is a primary city election or general city election in which the ballot includes only:
(1) Offices and ballot questions that may be voted on by the registered voters of only one ward; or
(2) One office or ballot question.
2. The provisions of NRS 293.5772 to 293.5887, inclusive, 293C.265 to 293C.302, inclusive, 293C.304 to 293C.340, inclusive, and section 56 of this act and 293C.355 to 293C.361, inclusive, do not apply to an election conducted pursuant to this section.
3. For the purposes of an election conducted pursuant to this section, each precinct in the city shall be deemed to have been designated a mailing precinct pursuant to NRS 293C.342.
Sec. 60. NRS 293C.265 is hereby amended to read as follows:
293C.265 1. Except as otherwise provided in subsection 2 and in NRS 293.2725 and 293.3083, a person who registered by mail or computer to vote shall, for the first city election in which the person votes at which that registration is valid, vote in person unless he or she has previously voted in the county in which he or she is registered to vote.
2. The provisions of subsection 1 do not apply to a person who:
(a) Is entitled to vote in the manner prescribed in NRS 293C.342 to 293C.352, inclusive [;] , and section 57 of this act;
(b) Is entitled to vote an absent ballot pursuant to federal law, NRS 293C.317 or chapter 293D of NRS;
(c) Is disabled;
(d) Is provided the right to vote otherwise than in person pursuant to the Voting Accessibility for the Elderly and Handicapped Act, 52 U.S.C. §§ 20101 et seq.;
(e) Submits or has previously submitted a written request for an absent ballot that is signed by the registered voter before a notary public or other person authorized to administer an oath; [or]
(f) Requests an absent ballot in person at the office of the city clerk [.] ; or
κ2020 Statutes of Nevada, 32nd Special Session, Page 52 (CHAPTER 3, AB 4)κ
(g) Is sent a mail ballot pursuant to the provisions of section 16 of this act and includes a copy of the information required pursuant to paragraph (b) of subsection 1 of NRS 293.2725 with his or her voted mail ballot, if required pursuant to section 17 of this act.
Sec. 61. NRS 293C.304 is hereby amended to read as follows:
293C.304 As used in NRS 293C.304 to 293C.340, inclusive, and section 56 of this act, sufficient written notice means a:
1. Written request for an absent ballot that is signed by the registered voter and returned to the city clerk in person or by approved electronic transmission;
2. Form prescribed by the Secretary of State that is completed and signed by the registered voter and returned to the city clerk in person or by mail or facsimile machine; or
3. Form provided by the Federal Government.
Sec. 62. NRS 293C.305 is hereby amended to read as follows:
293C.305 1. The city clerk shall prepare an absent ballot for the use of registered voters who have requested absent ballots. The city clerk shall make reasonable accommodations for the use of the absent ballot by a person who is elderly or disabled, including, without limitation, by providing, upon request, the absent ballot in 12-point type to a person who is elderly or disabled.
2. The ballot must be prepared and ready for distribution to : [a registered voter who:]
(a) Except as otherwise provided in paragraph (b), each registered voter who resides within or outside this State, not later than 20 days before the election in which it will be used.
(b) [Requested an absent] Each covered voter who is entitled to have a military-overseas ballot transmitted pursuant to the provisions of chapter 293D of NRS or the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. §§ 20301 et seq., not later than [45 days before the election.] the time required by those provisions.
3. Any untimely legal action that would prevent the ballot from being [issued] distributed to any voter pursuant to subsection 2 is moot and of no effect.
Sec. 63. NRS 293C.307 is hereby amended to read as follows:
293C.307 1. Except as otherwise provided in NRS 293C.330 [,] and chapter 293D of NRS, a registered voter who requests and receives an absent [voters] ballot may vote only by absent ballot at the election for which the absent ballot was issued.
2. If a registered voter has requested an absent ballot and the absent ballot has been mailed or issued, the city clerk shall notify the appropriate election board that the registered voter has requested an absent ballot.
Sec. 64. NRS 293C.310 is hereby amended to read as follows:
293C.310 1. Except as otherwise provided in NRS 293.502 , [and] 293C.265, 293C.317 and 293C.318, a registered voter may request an absent ballot if, before 5 p.m. on the 14th calendar day preceding the election, the registered voter:
(a) Provides sufficient written notice to the city clerk; and
(b) Has identified himself or herself to the satisfaction of the city clerk.
2. A city clerk shall consider a request from a voter who has given sufficient written notice on a form provided by the Federal Government as:
κ2020 Statutes of Nevada, 32nd Special Session, Page 53 (CHAPTER 3, AB 4)κ
(a) A request for the primary city election and the general city election unless otherwise specified in the request; and
(b) A request for an absent ballot for the primary and general elections immediately following the date on which the city clerk received the request.
3. It is unlawful for a person fraudulently to request an absent ballot in the name of another person or to induce or coerce another person fraudulently to request an absent ballot in the name of another person. A person who violates any provision of this subsection is guilty of a category E felony and shall be punished as provided in NRS 193.130.
Sec. 65. NRS 293C.317 is hereby amended to read as follows:
293C.317 1. Any registered voter who is unable to go to the polls:
(a) Because of an illness or disability resulting in confinement in a hospital, sanatorium, dwelling or nursing home; or
(b) Because the registered voter is suddenly hospitalized, becomes seriously ill or is called away from home after the time has elapsed for requesting an absent ballot [as provided in] for the election pursuant to subsection 1 of NRS 293C.310,
Κ may submit a written request to the city clerk for an absent ballot. The request [may] must be submitted [at any time] before 5 p.m. on the day of the election.
2. If the city clerk determines that a request submitted pursuant to subsection 1 includes the information required pursuant to subsection 3, the city clerk shall, at the office of the city clerk, deliver an absent ballot to the person designated in the request to obtain the absent ballot for the registered voter.
3. A written request submitted pursuant to subsection 1 must include:
(a) The name, address and signature of the registered voter requesting the absent ballot;
(b) The name, address and signature of the person designated by the registered voter to obtain, deliver and return the absent ballot for the registered voter;
(c) A brief statement of the illness or disability of the registered voter or of facts sufficient to establish that the registered voter was called away from home after the time had elapsed for requesting [an] the absent ballot;
(d) If the voter is confined in a hospital, sanatorium, dwelling or nursing home, a statement that he or she will be confined therein on the day of the election; and
(e) Unless the person designated pursuant to paragraph (b) will mark and sign [an] the absent ballot on behalf of the registered voter pursuant to subsection 5, a statement signed under penalty of perjury that only the registered voter will mark and sign the absent ballot.
4. Except as otherwise provided in subsection 5, [after marking] in order to vote the absent ballot , the registered voter must [:
(a) Place it] , in accordance with the instructions:
(a) Mark and fold the absent ballot;
(b) Deposit the absent ballot in the [identification] return envelope [;
(b)] and seal the return envelope;
(c) Affix his or her signature on [the back of] the return envelope [; and
(c) Return it to the office of the city clerk.] in the space provided for the signature; and
(d) Mail or deliver the return envelope in a manner authorized by law.
κ2020 Statutes of Nevada, 32nd Special Session, Page 54 (CHAPTER 3, AB 4)κ
5. A person designated in a request submitted pursuant to subsection 1 may, on behalf of and at the direction of the registered voter, mark and sign the absent ballot. If the person marks and signs the absent ballot [,] pursuant to this section, the person [shall indicate] must:
(a) Indicate next to his or her signature that the absent ballot has been marked and signed on behalf of the registered voter [.
6. A request for an] ; and
(b) Submit a written statement with the absent ballot that includes the name, address and signature of the person.
6. An absent ballot [submitted] prepared by or on behalf of the registered voter pursuant to this section must be [made, and the ballot] mailed or delivered to [the voter and returned to] the city clerk [, not later than the time the polls close on election day.] in accordance with NRS 293C.319.
7. The procedure authorized by this section is subject to all other provisions of this chapter relating to voting by absent ballot to the extent that those provisions are not inconsistent with the provisions of this section.
Sec. 66. NRS 293C.318 is hereby amended to read as follows:
293C.318 1. [A] Except as otherwise provided in this section, a registered voter who provides sufficient written notice to the [appropriate] city clerk may request that the registered voter receive an absent ballot for all elections at which the registered voter is eligible to vote. The written notice is effective for all elections that are conducted after the registered voter provides the written notice to the city clerk, except that the written notice is not effective for the next ensuing election unless the written notice is provided to the city clerk before the time has elapsed for requesting an absent ballot for the election pursuant to subsection 1 of NRS 293C.310.
2. Except as otherwise provided in [subsection 4,] this section or for an affected election that is subject to the provisions of sections 2 to 27, inclusive, of this act, upon receipt of [a request submitted by a] the written notice provided by the registered voter pursuant to subsection 1, the city clerk shall:
(a) Issue an absent ballot to the registered voter for each primary city election, general city election and special city election that is conducted after [the date] the written [statement is submitted to the city clerk.] notice is effective pursuant to subsection 1.
(b) Inform the county clerk of receipt of the written [statement.] notice provided by the registered voter. Upon [receipt] being informed of the written notice [from] by the city clerk, the county clerk shall issue an absent ballot for each primary election, general election and special election [that is not] , other than a special city election , that is conducted after the [date the county clerk receives] written notice [from the city clerk.
3. If, at the direction of a registered voter with a physical disability or who is at least 65 years of age, a person:
(a) Marks and signs an absent ballot issued to the registered voter pursuant to the provisions of this section on behalf of the registered voter, the person must:
(1) Indicate next to his or her signature that the ballot has been marked and signed on behalf of the registered voter; and
(2) Submit a written statement with the absent ballot that includes the name, address and signature of the person.
κ2020 Statutes of Nevada, 32nd Special Session, Page 55 (CHAPTER 3, AB 4)κ
(b) Assists the registered voter to mark and sign an absent ballot issued to the registered voter pursuant to this section, the person or registered voter must submit a written statement with the absent ballot that includes the name, address and signature of the person.
4. A] is effective pursuant to subsection 1.
3. The city clerk [may] must not mail an absent ballot requested by a registered voter pursuant to subsection 1 if, after the request is submitted:
(a) The registered voter is designated inactive pursuant to NRS 293.530;
(b) The county clerk cancels the registration of the person pursuant to NRS 293.527, 293.530, 293.535 or 293.540; or
(c) An absent ballot is returned to the county clerk as undeliverable, unless the registered voter has submitted a new request pursuant to subsection 1.
[5.] 4. The procedure authorized pursuant to this section is subject to all other provisions of this chapter relating to voting by absent ballot to the extent that those provisions are not inconsistent with the provisions of this section.
Sec. 67. NRS 293C.319 is hereby amended to read as follows:
293C.319 1. Except as otherwise provided in this section, subsection 2 [,] of NRS 293C.322 and NRS 293D.200, absent ballots, including special absent ballots, must be:
(a) Delivered by hand to the city clerk before the time set for closing of the polls pursuant to NRS 293C.267; or
(b) Mailed to the city clerk and:
(1) Postmarked on or before the day of election; and
(2) Received by the city clerk [within the period for the counting of absent ballots pursuant to subsection 2 of NRS 293C.332.] not later than 5 p.m. on the seventh day following the election.
2. If an absent ballot is received by mail not [more than 3 days after the day of] later than 5 p.m. on the third day following the election and the date of the postmark cannot be determined, the absent ballot shall be deemed to have been postmarked on or before the day of the election.
Sec. 68. NRS 293C.322 is hereby amended to read as follows:
293C.322 1. Except as otherwise provided in subsection 2 and chapter 293D of NRS [,] or for an affected election that is subject to the provisions of sections 2 to 27, inclusive, of this act, if the request for an absent ballot is made by mail or approved electronic transmission, the city clerk shall, as soon as the [official] absent ballot for the precinct or district in which the [applicant] absent voter resides has been [printed,] prepared pursuant to NRS 293C.305, send to the voter by first-class mail, or by any class of mail if the Official Election Mail logo or an equivalent logo or mark created by the United States Postal Service is properly placed on the [official] absent ballot:
(a) An absent ballot;
(b) A return envelope;
(c) An envelope or similar device into which the absent ballot is inserted to ensure its secrecy; [and]
(d) An identification envelope, if applicable; and
(e) Instructions.
2. If the city clerk fails to send an absent ballot pursuant to subsection 1 to [a] an absent voter who resides within the continental United States, the city clerk may use approved electronic transmission to send an absent ballot and instructions to the voter.
κ2020 Statutes of Nevada, 32nd Special Session, Page 56 (CHAPTER 3, AB 4)κ
and instructions to the voter. The voter may mail or deliver the absent ballot to the city clerk in a manner authorized by law or submit the absent ballot by approved electronic transmission.
3. The return envelope sent pursuant to subsection 1 must include postage prepaid by first-class mail if the absent voter is within the boundaries of the United States, its territories or possessions or on a military base.
4. Nothing may be enclosed or sent with an absent ballot except as required by subsection 1 or 2 and chapter 293D of NRS.
5. Before depositing [a] an absent ballot [with the United States Postal Service] in the mail or sending [a] an absent ballot by approved electronic transmission, the city clerk shall record [the] :
(a) The date the absent ballot is issued [, the] ;
(b) The name of the [registered] absent voter to whom [it] the absent ballot is issued, [the registered voters] his or her precinct or district [, the] and his or her political affiliation, if any, unless all the offices on the absent ballot are nonpartisan offices;
(c) The number of the absent ballot ; and [any]
(d) Any remarks the city clerk finds appropriate.
6. The Secretary of State shall adopt regulations to carry out the provisions of subsection 2.
Sec. 69. NRS 293C.325 is hereby amended to read as follows:
293C.325 1. Except as otherwise provided in NRS 293D.200, when an absent ballot is returned by [a registered] or on behalf of an absent voter to the city clerk through the mail, by facsimile machine or other approved electronic transmission or in person, and a record [thereof] of its return is made in the absent ballot record [book,] for the election, the city clerk or an employee in the office of the city clerk shall check the signature used for the absent ballot in accordance with the following procedure:
(a) The city clerk or employee shall check the signature [on the return envelope, facsimile or other approved electronic transmission] used for the absent ballot against all signatures of the voter available in the records of the city clerk.
(b) If at least two employees in the office of the city clerk believe there is a reasonable question of fact as to whether the signature [on] used for the absent ballot matches the signature of the voter, the city clerk shall contact the voter and ask the voter to confirm whether the signature [on] used for the absent ballot belongs to the voter.
2. For purposes of subsection 1:
(a) There is a reasonable question of fact as to whether the signature used for the absent ballot matches the signature of the voter if the signature used for the absent ballot differs in multiple, significant and obvious respects from the signatures of the voter available in the records of the city clerk.
(b) There is not a reasonable question of fact as to whether the signature used for the absent ballot matches the signature of the voter if:
(1) The signature used for the absent ballot is a variation of the signature of the voter caused by the substitution of initials for the first or middle name or the use of a common nickname and it does not otherwise differ in multiple, significant and obvious respects from the signatures of the voter available in the records of the city clerk; or
κ2020 Statutes of Nevada, 32nd Special Session, Page 57 (CHAPTER 3, AB 4)κ
(2) There are only slight dissimilarities between the signature used for the absent ballot and the signatures of the voter available in the records of the city clerk.
3. Except as otherwise provided in subsection [3,] 4, if the city clerk determines [pursuant to subsection 1] that the absent voter is entitled to cast the absent ballot and:
(a) No absent ballot central counting board has been appointed, the city clerk shall neatly stack, unopened, the absent ballot with any other absent ballot received that day in a container and deliver, or cause to be delivered, that container to the appropriate election board.
(b) An absent ballot central counting board has been appointed, the city clerk shall deposit the absent ballot in the proper ballot box or place the absent ballot, unopened, in a container that must be securely locked or under the control of the city clerk at all times. At the end of each day before election day, the city clerk may remove the absent ballots from each ballot box, neatly stack the absent ballots in a container and seal the container with a numbered seal. Not earlier than [4 working] 15 days before the election, the city clerk shall deliver the absent ballots to the absent ballot central counting board to be processed and prepared for counting pursuant to the procedures established by the Secretary of State to ensure the confidentiality of the prepared ballots until after the polls have closed pursuant to NRS 293C.267 or 293C.297.
[3.] 4. If the city clerk determines when checking the signature [of the absent voter pursuant to subsection 1] used for the absent ballot that the absent voter [did not sign the return envelope as required pursuant to NRS 293.330] failed to affix his or her signature or failed to affix it in the manner required by law for the absent ballot or that there is a reasonable question of fact as to whether the signature used for the absent ballot matches the signature of the voter, but the voter is otherwise entitled to cast [a] the absent ballot, the city clerk shall contact the [absent] voter and advise the [absent] voter of the procedures to provide a signature [established pursuant to subsection 4.] or a confirmation that the signature used for the absent ballot belongs to the voter, as applicable. For the absent ballot to be counted, the [absent] voter must provide a signature [within the period for the counting of absent ballots pursuant to subsection 2 of NRS 293C.332.
4. Each] or a confirmation, as applicable, not later than 5 p.m. on the seventh day following the election or, if applicable, the ninth day following an affected election that is subject to the provisions of sections 2 to 27, inclusive, of this act.
5. The city clerk shall prescribe procedures for [a] an absent voter who [did not sign the return envelope of an] failed to affix his or her signature or failed to affix it in the manner required by law for the absent ballot , or for whom there is a reasonable question of fact as to whether the signature used for the absent ballot matches the signature of the voter, in order to:
(a) Contact the voter;
(b) Allow the voter to provide a signature [;] or a confirmation that the signature used for the absent ballot belongs to the voter, as applicable; and
(c) After a signature or a confirmation is provided, as applicable, ensure the absent ballot is delivered to the appropriate election board or the absent ballot central counting board, as applicable.
κ2020 Statutes of Nevada, 32nd Special Session, Page 58 (CHAPTER 3, AB 4)κ
6. The procedures established pursuant to subsection 5 for contacting an absent voter must require the city clerk to contact the voter, as soon as possible after receipt of the absent ballot, by:
(a) Mail;
(b) Telephone, if a telephone number for the voter is available in the records of the city clerk; and
(c) Electronic mail, if the voter has provided the clerk with sufficient information to contact the voter by such means.
Sec. 70. NRS 293C.330 is hereby amended to read as follows:
293C.330 1. Except as otherwise provided in this section, subsection 2 of NRS 293C.322 , section 56 of this act and chapter 293D of NRS, [and any regulations adopted pursuant thereto, when an absent voter receives] in order to vote an absent ballot, the absent voter must , [mark and fold it] in accordance with the instructions [, deposit it] :
(a) Mark and fold the absent ballot;
(b) Deposit the absent ballot in the return envelope [,] and seal the return envelope [, affix] ;
(c) Affix his or her signature on [the back of] the return envelope in the space provided [therefor and mail] for the signature; and
(d) Mail or deliver the return envelope [.] in a manner authorized by law.
2. Except as otherwise provided in subsection 3, if [an absent] a voter who has requested [a] an absent ballot by mail applies to vote the absent ballot in person at:
(a) The office of the city clerk, the [absent] voter must mark and fold the absent ballot, [seal] deposit it in the return envelope and seal the return envelope and affix his or her signature in the same manner as provided in subsection 1, and deliver the return envelope to the city clerk.
(b) A polling place, including, without limitation, a polling place for early voting, the [absent] voter must surrender the absent ballot and provide satisfactory identification before being issued a ballot to vote at the polling place. A person who receives a surrendered absent ballot shall mark it Cancelled.
3. If [an absent] a voter who has requested [a] an absent ballot by mail applies to vote in person at the office of the city clerk or a polling place, including, without limitation, a polling place for early voting, and the voter does not have the absent ballot to deliver or surrender, the voter must be issued a ballot to vote if the voter:
(a) Provides satisfactory identification;
(b) Is a registered voter who is otherwise entitled to vote; and
(c) Signs an affirmation under penalty of perjury on a form prepared by the Secretary of State declaring that the voter has not voted during the election.
4. Except as otherwise provided in [NRS 293C.317 and 293C.318, it is unlawful for any person to return an absent ballot other than the voter who requested the absent ballot or,] subsection 5, at the request of [the voter, a member of the voters family. A person who returns an] a voter whose absent ballot [and who is a member of the family of] has been prepared by or on behalf of the voter for an election, a person authorized by the voter [who requested] may return the absent ballot [shall, under penalty of perjury, indicate on a form prescribed by the city clerk that the person is a member of the family] on behalf of the voter [who requested the] by mail or personal delivery to the city clerk.
κ2020 Statutes of Nevada, 32nd Special Session, Page 59 (CHAPTER 3, AB 4)κ
indicate on a form prescribed by the city clerk that the person is a member of the family] on behalf of the voter [who requested the] by mail or personal delivery to the city clerk.
5. Except for an election board officer in the course of the election board officers official duties, a person shall not willfully:
(a) Impede, obstruct, prevent or interfere with the return of a voters absent ballot [and that the voter requested that] ;
(b) Deny a voter the [person] right to return the voters absent ballot [.] ; or
(c) If the person receives the voters absent ballot and authorization to return the absent ballot on behalf of the voter by mail or personal delivery, fail to return the absent ballot, unless otherwise authorized by the voter, by mail or personal delivery:
(1) Before the end of the third day after the day of receipt, if the person receives the absent ballot from the voter four or more days before the day of the election; or
(2) Before the deadline established by the United States Postal Service for the absent ballot to be postmarked on the day of the election or before the polls close on the day of the election, as applicable to the type of delivery, if the person receives the absent ballot from the voter three or fewer days before the day of the election.
6. A person who violates [the provisions of this] any provision of subsection 5 is guilty of a category E felony and shall be punished as provided in NRS 193.130.
Sec. 71. NRS 293C.332 is hereby amended to read as follows:
293C.332 1. Except as otherwise provided in NRS 293D.200, on the day of an election, the election boards receiving the absent [voters] ballots from the city clerk shall, in the presence of a majority of the election board officers, remove the absent ballots from the ballot box and the containers in which the absent ballots were transported pursuant to NRS 293C.325 and deposit the absent ballots in the regular ballot box in the following manner:
(a) The name of the voter, as shown on the return envelope or approved electronic transmission , must be [called and] checked as if the voter were voting in person;
(b) The signature [on the back of the return envelope or on the approved electronic transmission] used for the absent ballot must be [compared with that on the application to register to vote;] checked in accordance with the procedure set forth in NRS 293C.325;
(c) If the board determines that the [absent] voter is entitled to cast [a] the absent ballot, the return envelope must be opened, the numbers on the absent ballot and return envelope or approved electronic transmission compared, the number strip or stub detached from the absent ballot and, if the numbers are the same, the absent ballot deposited in the regular ballot box; and
(d) The election board officers shall indicate in the roster Voted by the name of the voter.
2. [Counting of] The board must complete the count of all absent ballots [must continue through] on or before the seventh day following the election [.] or, if applicable, the ninth day following an affected election that is subject to the provisions of sections 2 to 27, inclusive, of this act.
κ2020 Statutes of Nevada, 32nd Special Session, Page 60 (CHAPTER 3, AB 4)κ
Sec. 72. NRS 293C.342 is hereby amended to read as follows:
293C.342 1. [A] Except as otherwise provided for an affected election that is subject to the provisions of sections 2 to 27, inclusive, of this act, a registered voter who resides in an election precinct in which there were not more than 200 voters registered for the last preceding city general election, or in a precinct in which it appears to the satisfaction of the city clerk and Secretary of State that there are not more than 200 registered voters, may vote at any election regulated by this chapter in the manner provided in NRS [293C.345] 293C.342 to 293C.352, inclusive [.] , and section 57 of this act.
2. [Whenever] Except as otherwise provided for an affected election that is subject to the provisions of sections 2 to 27, inclusive, of this act, whenever the city clerk has designated a precinct as a mailing precinct, registered voters residing in that precinct may vote at any election regulated by this chapter in the manner provided in NRS [293C.345] 293C.342 to 293C.352, inclusive [.] , and section 57 of this act.
Sec. 73. NRS 293C.345 is hereby amended to read as follows:
293C.345 1. Except as otherwise provided in NRS 293C.115 [,] or for an affected election that is subject to the provisions of sections 2 to 27, inclusive, of this act, the city clerk shall mail to each registered voter in each mailing precinct and in each absent ballot mailing precinct, before 5 p.m. on the third Thursday in March and before 5 p.m. on the fourth Tuesday in May of any year in which a general city election is held, [an official] a mailing ballot to be voted by the voter at the election.
2. Any untimely legal action which would prevent the mailing ballot from being distributed to any voter pursuant to this section is moot and of no effect.
Sec. 74. NRS 293C.345 is hereby amended to read as follows:
293C.345 [Before]
1. Except as otherwise provided for an affected election that is subject to the provisions of sections 2 to 27, inclusive, of this act, before 5 p.m. on the last business day preceding the first day of the period for early voting for any primary city election or general city election, as applicable, the city clerk shall mail to each registered voter in each mailing precinct and in each absent ballot mailing precinct [an official] a mailing ballot to be voted by the voter at the election.
2. Any untimely legal action which would prevent the mailing ballot from being distributed to any voter pursuant to this section is moot and of no effect.
Sec. 75. NRS 293C.350 is hereby amended to read as follows:
293C.350 [Upon receipt of]
1. Except as otherwise provided in section 57 of this act and chapter 293D of NRS, in order to vote a mailing ballot , [from the city clerk,] the registered voter must [:
1. Immediately after opening the envelope, mark] , in accordance with the instructions:
(a) Mark and fold the mailing ballot;
[2. Place]
(b) Deposit the mailing ballot in the return envelope [;
3.] and seal the return envelope;
(c) Affix his or her signature on [the back of] the return envelope [; and
4.] in the space provided for the signature; and
κ2020 Statutes of Nevada, 32nd Special Session, Page 61 (CHAPTER 3, AB 4)κ
(d) Mail or deliver the return envelope [to the city clerk.] in a manner authorized by law.
2. Except as otherwise provided in subsection 3, at the request of a voter whose mailing ballot has been prepared by or on behalf of the voter for an election, a person authorized by the voter may return the mailing ballot on behalf of the voter by mail or personal delivery to the city clerk.
3. Except for an election board officer in the course of the election board officers official duties, a person shall not willfully:
(a) Impede, obstruct, prevent or interfere with the return of a voters mailing ballot;
(b) Deny a voter the right to return the voters mailing ballot; or
(c) If the person receives the voters mailing ballot and authorization to return the mailing ballot on behalf of the voter by mail or personal delivery, fail to return the mailing ballot, unless otherwise authorized by the voter, by mail or personal delivery:
(1) Before the end of the third day after the day of receipt, if the person receives the mailing ballot from the voter four or more days before the day of the election; or
(2) Before the deadline established by the United States Postal Service for the mailing ballot to be postmarked on the day of the election or before the polls close on the day of the election, as applicable to the type of delivery, if the person receives the mailing ballot from the voter three or fewer days before the day of the election.
4. A person who violates any provision of subsection 3 is guilty of a category E felony and shall be punished as provided in NRS 193.130.
Sec. 76. NRS 293C.352 is hereby amended to read as follows:
293C.352 [Upon receipt of the return envelope from the] When a mailing ballot is returned by or on behalf of a registered voter, the city clerk shall follow the same procedure as in the case of absent ballots.
Sec. 77. NRS 293C.362 is hereby amended to read as follows:
293C.362 Except as otherwise provided for an affected election that is subject to the provisions of sections 2 to 27, inclusive, of this act:
1. When the polls are closed, the counting board shall prepare to count the ballots voted. The counting procedure must be public and continue without adjournment until completed.
2. If the ballots are paper ballots, the counting board shall prepare in the following manner:
[1.] (a) The container that holds the ballots or the ballot box must be opened and the ballots contained therein counted by the counting board and opened far enough to determine whether each ballot is single. If two or more ballots are found folded together to present the appearance of a single ballot, they must be laid aside until the count of the ballots is completed. If a majority of the inspectors are of the opinion that the ballots folded together were voted by one person, the ballots must be rejected and placed in an envelope, upon which must be written the reason for their rejection. The envelope must be signed by the counting board officers and placed in the container or ballot box after the count is completed.
[2.] (b) If the ballots in the container or box are found to exceed the number of names as are indicated on the roster as having voted, the ballots must be replaced in the container or box and a counting board officer shall, with his or her back turned to the container or box, draw out a number of ballots equal to the excess. The excess ballots must be marked on the back thereof with the words Excess ballots not counted.
κ2020 Statutes of Nevada, 32nd Special Session, Page 62 (CHAPTER 3, AB 4)κ
thereof with the words Excess ballots not counted. The ballots when so marked must be immediately sealed in an envelope and returned to the city clerk with the other ballots rejected for any cause.
[3.] (c) When it has been determined that the number of ballots agrees with the number of names of registered voters shown to have voted, the board shall proceed to count. If there is a discrepancy between the number of ballots and the number of voters, a record of the discrepancy must be made.
Sec. 78. NRS 293C.365 is hereby amended to read as follows:
293C.365 [A] Except as otherwise provided for an affected election that is subject to the provisions of sections 2 to 27, inclusive, of this act, a counting board in any precinct, district or polling place in which paper ballots are used may not begin to count the votes until all ballots used or unused are accounted for.
Sec. 79. NRS 293C.382 is hereby amended to read as follows:
293C.382 1. Not earlier than [4 working] 15 days before the election, the counting board, if it is responsible for counting absent ballots, or the absent ballot central counting board shall withdraw all the absent ballots from each ballot box or container that holds absent ballots received before that day and determine whether each box or container has the required number of absent ballots according to the city clerks absent [voters] ballot record [.] for the election.
2. The counting board or absent ballot central counting board shall count the number of absent ballots in the same manner as election boards.
Sec. 80. NRS 293C.385 is hereby amended to read as follows:
293C.385 1. Each day after the initial withdrawal of the absent ballots pursuant to NRS 293C.382 and before the day of the election, the counting board, if it is responsible for counting absent ballots, or the absent ballot central counting board shall withdraw from the appropriate ballot boxes or containers all the absent ballots received the previous day and determine whether each box or container has the required number of absent ballots according to the city clerks absent [voters] ballot record [.] for the election.
2. If any absent ballots are received by the city clerk on election day and the city clerk has determined that the absent voters are entitled to cast the absent ballots pursuant to NRS [293C.317,] 293C.325, the city clerk shall deposit the absent ballots in the appropriate ballot boxes or containers.
3. Not earlier than [4 working] 15 days before the election, the appropriate board shall, in public, count the votes cast on the absent ballots.
4. If paper ballots are used, the results of the absent ballot vote in each precinct must be certified and submitted to the city clerk, who shall have the results added to the regular votes of the precinct. The returns of absent ballots must be reported separately from the regular votes of the precinct, unless reporting the returns separately would violate the secrecy of a voters ballot. The city clerks shall develop a procedure to ensure that each ballot is kept secret.
5. Any person who disseminates to the public information relating to the count of absent ballots before the polls close is guilty of a misdemeanor.
Sec. 81. NRS 293C.387 is hereby amended to read as follows:
293C.387 1. The election returns from a special election, primary city election or general city election must be filed with the city clerk, who shall immediately place the returns in a safe or vault designated by the city clerk.
κ2020 Statutes of Nevada, 32nd Special Session, Page 63 (CHAPTER 3, AB 4)κ
No person may handle, inspect or in any manner interfere with the returns until they are canvassed by the mayor and the governing body of the city.
2. After the governing body of a city receives the returns from all the precincts and districts in the city, it shall meet with the mayor to canvass the returns. The canvass must be completed on or before the 10th day following the election [.] or, if applicable, the 13th day following an affected election that is subject to the provisions of sections 2 to 27, inclusive, of this act.
3. In completing the canvass of the returns, the governing body of the city and the mayor shall:
(a) Note separately any clerical errors discovered; and
(b) Take account of the changes resulting from the discovery, so that the result declared represents the true vote cast.
4. After the canvass is completed, the governing body of the city and mayor shall declare the result of the canvass.
5. The city clerk shall enter upon the records of the governing body of the city an abstract of the result. The abstract must be prepared in the manner prescribed by regulations adopted by the Secretary of State and must contain the number of votes cast for each candidate.
6. After the abstract is entered, the:
(a) City clerk shall seal the election returns, maintain them in a vault for at least 22 months and give no person access to them during that period, unless access is ordered by a court of competent jurisdiction or by the governing body of the city.
(b) Governing body of the city shall, by an order made and entered in the minutes of its proceedings, cause the city clerk to:
(1) Certify the abstract;
(2) Make a copy of the certified abstract;
(3) Make a mechanized report of the abstract in compliance with regulations adopted by the Secretary of State;
(4) Transmit a copy of the certified abstract and the mechanized report of the abstract to the Secretary of State [within 7 working days after] on or before the 10th day following the election [;] or, if applicable, the 13th day following an affected election that is subject to the provisions of sections 2 to 27, inclusive, of this act; and
(5) Transmit on paper or by electronic means to each public library in the city, or post on a website maintained by the city or the city clerk on the Internet or its successor, if any, a copy of the certified abstract within 30 days after the election.
7. After the abstract of the results from a:
(a) Primary city election has been certified, the city clerk shall certify the name of each person nominated and the name of the office for which the person is nominated.
(b) General city election has been certified, the city clerk shall:
(1) Issue under his or her hand and official seal to each person elected a certificate of election; and
(2) Deliver the certificate to the persons elected upon their application at the office of the city clerk.
8. The officers elected to the governing body of the city qualify and enter upon the discharge of their respective duties on the first regular meeting of that body next succeeding that in which the canvass of returns was made pursuant to subsection 2.
κ2020 Statutes of Nevada, 32nd Special Session, Page 64 (CHAPTER 3, AB 4)κ
Sec. 82. NRS 298.250 is hereby amended to read as follows:
298.250 1. If a former resident of the State of Nevada otherwise qualified to vote in another state in any election for President and Vice President of the United States has commenced his or her residence in the other state after the 30th day next preceding that election and for this reason does not satisfy the requirements for registration in the other state, the former resident may vote for President and Vice President only in that election:
(a) In person in the county of the State of Nevada which was his or her former residence, if the former resident is otherwise qualified to vote there; or
(b) By absent ballot in the county of the State of Nevada which was his or her former residence, if the former resident is otherwise qualified to vote there and complies with the applicable requirements of NRS [293.310] 293.3088 to 293.340, inclusive [.] , and section 28 of this act.
2. The Secretary of State may, in a manner consistent with the election laws of this State, adopt regulations to effectuate the purposes of this section.
Sec. 83. NRS 306.040 is hereby amended to read as follows:
306.040 1. Upon determining that the number of signatures on a petition to recall is sufficient pursuant to NRS 293.1276 to 293.1279, inclusive, the Secretary of State shall notify the county clerk, the filing officer and the public officer who is the subject of the petition.
2. A person who signs a petition to recall may request the filing officer to strike the persons name from the petition on or before the date that is the later of:
(a) Ten days, Saturdays, Sundays and holidays excluded, after the verification of signatures is complete; or
(b) The date a complaint is filed pursuant to subsection 6.
3. If the filing officer receives a request pursuant to subsection 2, the filing officer must strike the name of the person from the petition. If the filing officer receives a sufficient number of requests to strike names from the petition such that the petition no longer contains enough valid signatures, the filing officer shall not issue a call for a special election, and a special election must not be held to recall the public officer who is the subject of the petition.
4. Except as otherwise provided in subsection 3, not sooner than 20 days and not later than 30 days, Saturdays, Sundays and holidays excluded, after the Secretary of State completes the notification required by subsection 1, if a complaint is not filed pursuant to subsection 6, the filing officer shall issue a call for a special election in the jurisdiction in which the public officer who is the subject of the petition was elected to determine whether the people will recall the public officer.
5. The call for a special election pursuant to subsection 4 or 7 must include, without limitation:
(a) The last day on which a person may register to vote in order to qualify to vote in the special election pursuant to NRS 293.560 or 293C.527;
(b) The last day on which a petition to nominate other candidates for the office may be filed; and
(c) Whether any person is entitled to vote in the special election in a mailing precinct or an absent ballot mailing precinct pursuant to NRS 293.343 to 293.355, inclusive, and section 29 of this act or [293C.345] 293C.342 to 293C.352, inclusive [.] , and section 57 of this act.
κ2020 Statutes of Nevada, 32nd Special Session, Page 65 (CHAPTER 3, AB 4)κ
6. The legal sufficiency of the petition, including without limitation, the validity of signatures on the petition, may be challenged by filing a complaint in district court not later than 15 days, Saturdays, Sundays and holidays excluded, after the Secretary of State completes the notification required by subsection 1. All affidavits and documents in support of the challenge must be filed with the complaint. The court shall set the matter for hearing not later than 30 days after the complaint is filed and shall give priority to such a complaint over all other matters pending with the court, except for criminal proceedings.
7. Upon the conclusion of the hearing, if the court determines that the petition is legally sufficient, it shall order the filing officer to issue a call for a special election in the jurisdiction in which the public officer who is the subject of the petition was elected to determine whether the people will recall the public officer. If the court determines that the petition is not legally sufficient, it shall order the filing officer to cease any further proceedings regarding the petition.
Sec. 84. 1. The Chief of the Budget Division shall transfer the sum of $3,000,000 from Budget Account 101-1327 to the Secretary of State for the costs related to the preparation and distribution of mail ballots pursuant to the provisions of sections 2 to 27, inclusive, of this act for the 2020 General Election.
2. The provisions of section 10 of chapter 525, Statutes of Nevada 2019, at page 3144, do not apply to any money received by the Secretary of State from sources other than the State General Fund or the State Highway Fund for the costs related to the preparation and distribution of mail ballots pursuant to the provisions of sections 2 to 27, inclusive, of this act for the 2020 General Election.
3. If the State of Nevada receives money from the Federal Government that the State of Nevada is authorized to use for the costs related to the 2020 General Election on or after the effective date of this section, the Chief of the Budget Division shall disburse the money that is so received in accordance with the provisions of chapter 353 of NRS to the Secretary of State. On and after the date of such a disbursement, the Secretary of State shall expend the money disbursed pursuant to this subsection before expending any of the money transferred pursuant to subsection 1 that remains on the date of the disbursement. If any money remains from a disbursement made pursuant to this subsection, such money, to the extent available, must be transferred to Budget Account 101-1327 in an amount to reimburse that account for the money transferred pursuant to subsection 1 that was expended by the Secretary of State.
4. All money transferred pursuant to subsection 1 must be expended by the Secretary of State on or before December 30, 2020. Any remaining balance of the money must not be committed for expenditure on or after December 30, 2020, by the Secretary of State or any entity to which the money is granted or otherwise transferred in any manner, and any portion of the money remaining must not be spent for any purpose after December 30, 2020, by either the Secretary of State or the entity to which the money was subsequently granted or transferred, and must be reverted to Budget Account 101-1327.
κ2020 Statutes of Nevada, 32nd Special Session, Page 66 (CHAPTER 3, AB 4)κ
5. As used in this section:
(a) 2020 General Election means the general election held throughout the State of Nevada on the first Tuesday after the first Monday of November 2020 and every other election held on the same day as the 2020 General Election pursuant to the provisions of title 24 of NRS or any other law or city charter.
(b) Chief of the Budget Division means the Chief of the Budget Division of the Office of Finance created by NRS 223.400.
(c) Mail ballot has the meaning ascribed to it in section 6 of this act.
Sec. 85. 1. Except as otherwise provided in subsection 2, the provisions of this act apply retroactively from and after July 1, 2020, and apply to:
(a) Any state of emergency or declaration of disaster proclaimed by the Governor or by resolution of the Legislature pursuant to NRS 414.070 before, on or after the effective date of this section if the state of emergency or declaration of disaster was in effect on July 1, 2020, or remains in effect or becomes effective on or after July 1, 2020;
(b) The 2020 General Election held throughout the State of Nevada on the first Tuesday after the first Monday of November 2020 and every other election held on the same day as the 2020 General Election pursuant to the provisions of title 24 of NRS or any other law or city charter, and all of those elections are deemed to be affected elections that are subject to the provisions of sections 2 to 27, inclusive, of this act notwithstanding any other provisions of law; and
(c) Any other primary election, primary city election, general election, general city election or special election held pursuant to the provisions of title 24 of NRS or any other law or city charter on or after the effective date of this section if the election is deemed to be an affected election in accordance with the provisions of sections 2 to 27, inclusive, of this act.
2. The provisions of this act do not apply to any criminal or civil offense committed before the effective date of this section.
Sec. 86. Notwithstanding the provisions of NRS 218D.430 and 218D.435, a committee may vote on this act before the expiration of the period prescribed for the return of a fiscal note in NRS 218D.475.
Sec. 87. The provisions of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 88. 1. This section and sections 1 to 73, inclusive, and 75 to 87, inclusive, of this act become effective upon passage and approval.
2. Section 74 of this act becomes effective on July 1, 2021.
________
κ2020 Statutes of Nevada, 32nd Special Session, Page 67κ
Assembly Bill No. 3Committee of the Whole
CHAPTER 4
[Approved: August 7, 2020]
AN ACT relating to public safety; authorizing a person to record law enforcement activity in certain circumstances; revising provisions relating to the use of physical force by a peace officer; requiring a peace officer to intervene to prevent the use of unjustified physical force by another peace officer in certain circumstances and to report the observation of the use of unjustified physical force by another peace officer; requiring law enforcement agencies to adopt a written policy regarding the drug and alcohol testing of a peace officer in certain circumstances; providing that the newly effective provisions of law reducing the maximum period of probation or suspension of sentence that may be imposed upon a person apply to persons sentenced on or after July 1, 2020; requiring law enforcement agencies to provide a report to the Legislature containing certain information relating to traffic stops and other stops by law enforcement officers and the software used to process certain information during such traffic stops and other stops; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Section 1 of this bill authorizes a person who is not under arrest or in the custody of a peace officer to record law enforcement activity in certain circumstances and prohibits a peace officer from interfering with a persons lawful recording of a law enforcement activity.
Existing law provides that when a peace officer is arresting a person, the peace officer is prohibited from subjecting the person to more restraint than is necessary to arrest and detain the person. If the person flees or forcibly resists, the peace officer is authorized to use all means necessary to effect the arrest. (NRS 171.122) Existing law also authorizes a peace officer to use a choke hold on another person only if: (1) the peace officers employer authorizes the use of a choke hold; and (2) the peace officer completed training regarding the proper use of a choke hold and is certified for its use. (NRS 289.810)
Section 2 of this bill provides that when a peace officer is arresting a person and the person flees or forcibly resists, the peace officer is generally authorized to use only the amount of reasonable force necessary to effect the arrest. Section 4 of this bill prohibits a peace officer from: (1) using a choke hold on another person; or (2) placing a person who is in the custody of the peace officer in any position that compresses his or her airway or restricts his or her ability to breathe. Section 4 also requires a peace officer to monitor any person who is in the custody of the peace officer for any signs of distress and to take any actions necessary to place such a person in a recovery position if he or she appears to be in distress or indicates that he or she cannot breathe. Section 4 further requires a peace officer to ensure that medical aid is rendered to any person who is injured by the use of physical force by the peace officer. Sections 7 and 12 of this bill make conforming changes.
Section 5 of this bill requires a peace officer to: (1) intervene to prevent or stop another peace officer from using unjustified physical force if the peace officer observes or reasonably should have observed the use of such unjustified physical force and it is safe for the peace officer to intervene; and (2) if the peace officer who observes the use of unjustified physical force is a supervisor of the peace officer using the unjustified physical force, issue a direct order to stop the use of such physical force. Section 5 also requires any peace officer who observes the use of unjustified physical force to report the observation to his or her immediate supervisor or, if the observation involves his or her immediate supervisor, the supervisor of his or her immediate supervisor.
κ2020 Statutes of Nevada, 32nd Special Session, Page 68 (CHAPTER 4, AB 3)κ
her immediate supervisor, the supervisor of his or her immediate supervisor. Section 5 additionally prohibits a member of a law enforcement agency from disciplining or retaliating in any way against a peace officer solely for intervening in the use of unjustified physical force or reporting the observation of the use of unjustified physical force. Section 5 further requires each law enforcement agency to train its peace officers on the duty to intervene in the use of unjustified physical force and the reporting of any observation of the use of unjustified physical force.
Section 6 of this bill: (1) requires each law enforcement agency to adopt a written policy regarding the drug and alcohol testing of a peace officer following an officer-involved shooting or when the conduct of a peace officer results in substantial bodily harm to or the death of another person; and (2) establishes certain requirements concerning such a written policy.
Section 9 of this bill requires each law enforcement agency in this State to provide a report to the Legislature on or before November 1, 2020, that includes certain information relating to: (1) traffic stops and other stops by law enforcement officers; and (2) the software used to process the identity or drivers license number of a person during such a traffic stop or other stop.
Section 34 of Assembly Bill No. 236 of the 2019 Legislative Session reduced the maximum period of probation or suspension of sentence that can be imposed upon a person. Such a change became effective on July 1, 2020. (Chapter 633, Statutes of Nevada 2019, at pages 4399 and 4488) Section 8 of this bill provides that such a change applies to: (1) any offense committed on or after July 1, 2020; and (2) any offense committed before July 1, 2020, if the person is sentenced on or after July 1, 2020. Section 10 of this bill provides that any person who is sentenced on or after July 1, 2020, and before the date that this bill becomes effective is entitled to have his or her period of probation or suspension of sentence reduced to the maximum applicable period set forth pursuant to the change in law that became effective on July 1, 2020.
EXPLANATION Matter in bolded italics is new; matter between brackets
[omitted
material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 171 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A person who is not under arrest or in the custody of a peace officer may record a law enforcement activity and maintain custody and control of that recording and any property or instruments used by the person to record a law enforcement activity. A person who is under arrest or in the custody of a peace officer does not, by that status alone, forfeit the right to have any such recordings, property or instruments maintained and returned to him or her. This subsection must not be construed to authorize a person to engage in actions that interfere with or obstruct a law enforcement activity or otherwise violate any other law in an effort to record a law enforcement activity.
2. A peace officer shall not act to interfere with a persons recording of a law enforcement activity, including, without limitation, by:
(a) Intentionally preventing or attempting to prevent the person from recording a law enforcement activity;
(b) Threatening the person for recording a law enforcement activity;
(c) Commanding that the person cease recording a law enforcement activity when the person was nevertheless authorized by law to record the law enforcement activity;
(d) Stopping, seizing or searching the person because he or she recorded a law enforcement activity; or
κ2020 Statutes of Nevada, 32nd Special Session, Page 69 (CHAPTER 4, AB 3)κ
(e) Unlawfully seizing property or instruments used by the person to record a law enforcement activity, unlawfully destroying or seizing any recorded image of a law enforcement activity or copying such a recording of a law enforcement activity without the consent of the person who recorded it or obtaining approval from an appropriate court.
3. As used in this section:
(a) Law enforcement activity means any activity by a peace officer acting under the color of law.
(b) Peace officer means any person upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 289.150 to 289.360, inclusive.
(c) Record means to capture or attempt to capture any moving or still image, sound or impression through the use of any recording device, camera or any other device capable of capturing audio or moving or still images, or by means of written notes or observations. The term includes, without limitation, the capturing of or the attempt to capture any moving or still image, sound or impression through the use of any such device for the purpose of broadcasting an event or occurrence in real time.
Sec. 2. NRS 171.122 is hereby amended to read as follows:
171.122 1. Except as otherwise provided in subsection 2, the warrant must be executed by the arrest of the defendant. The officer need not have the warrant in the officers possession at the time of the arrest, but upon request the officer must show the warrant to the defendant as soon as possible. If the officer does not have a warrant in the officers possession at the time of the arrest, the officer shall then inform the defendant of the officers intention to arrest the defendant, of the offense charged, the authority to make it and of the fact that a warrant has or has not been issued. The defendant must not be subjected to any more restraint than is necessary for the defendants arrest and detention. If the defendant either flees or forcibly resists, the officer may, except as otherwise provided in NRS 171.1455, use [all] only the amount of reasonable force necessary [means] to effect the arrest.
2. In lieu of executing the warrant by arresting the defendant, a peace officer may issue a citation as provided in NRS 171.1773 if:
(a) The warrant is issued upon an offense punishable as a misdemeanor;
(b) The officer has no indication that the defendant has previously failed to appear on the charge reflected in the warrant;
(c) The defendant provides satisfactory evidence of his or her identity to the peace officer;
(d) The defendant signs a written promise to appear in court for the misdemeanor offense; and
(e) The officer has reasonable grounds to believe that the defendant will keep a written promise to appear in court.
3. The summons must be served upon a defendant by delivering a copy to the defendant personally, or by leaving it at the defendants dwelling house or usual place of abode with some person then residing in the house or abode who is at least 16 years of age and is of suitable discretion, or by mailing it to the defendants last known address. In the case of a corporation, the summons must be served at least 5 days before the day of appearance fixed in the summons, by delivering a copy to an officer or to a managing or general agent or to any other agent authorized by appointment or by law to receive service of process and, if the agent is one authorized by statute to receive service and the statute so requires, by also mailing a copy to the corporations last known address within the State of Nevada or at its principal place of business elsewhere in the United States.
κ2020 Statutes of Nevada, 32nd Special Session, Page 70 (CHAPTER 4, AB 3)κ
corporations last known address within the State of Nevada or at its principal place of business elsewhere in the United States.
Sec. 3. Chapter 193 of NRS is hereby amended by adding thereto the provisions set forth as sections 4 and 5 of this act.
Sec. 4. 1. In carrying out his or her duties, a peace officer shall not use a choke hold on another person.
2. A peace officer shall not place a person who is in the custody of the peace officer in any position which compresses his or her airway or restricts his or her ability to breathe. A peace officer shall monitor any person who is in the custody of the peace officer for any signs of distress and shall take any actions necessary to place such a person in a recovery position if he or she appears to be in distress or indicates that he or she cannot breathe.
3. If a peace officer, in carrying out his or her duties, uses physical force on another person, the peace officer shall ensure that medical aid is rendered to any person who is injured by the use of such physical force as soon as practicable.
4. As used in this section:
(a) Choke hold means:
(1) A method by which a person applies sufficient pressure to another person to make breathing difficult or impossible, including, without limitation, any pressure to the neck, throat or windpipe that may prevent or hinder breathing or reduce intake of air; or
(2) Applying pressure to a persons neck on either side of the windpipe, but not the windpipe itself, to stop the flow of blood to the brain via the carotid arteries.
(b) Peace officer means any person upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 289.150 to 289.360, inclusive.
(c) Physical force means the application of physical techniques, chemical agents or weapons to another person.
Sec. 5. 1. Except as otherwise provided in this subsection, a peace officer shall, without regard for chain of command, intervene to prevent or stop another peace officer from using physical force that is not justified in pursuance of the other peace officers law enforcement duties in carrying out the arrest of a person, placing a person under detention, taking a person into custody or booking a person. The duty to intervene in the use of physical force that is not justified as required by this subsection only applies if:
(a) A peace officer observes the use of physical force that is not justified or reasonably should have observed the use of physical force that is not justified; and
(b) The circumstances are such that it is safe for the peace officer to intervene.
2. If a peace officer who observes the use of physical force that is not justified is a supervisor of the peace officer who is using such physical force, the peace officer making the observation shall issue a direct order to stop the use of such physical force.
3. A peace officer who observes the use of physical force that is not justified shall report the observation to his or her immediate supervisor unless the observation involves his or her immediate supervisor, in which case the peace officer shall report the observation to the supervisor of his or her immediate supervisor. Such a report must:
κ2020 Statutes of Nevada, 32nd Special Session, Page 71 (CHAPTER 4, AB 3)κ
(a) Include, without limitation:
(1) The date, time and location of the incident;
(2) The identity, if known, and a description of the participants; and
(3) A description of the actions taken as a result of the observation.
(b) Be made in writing not later than 10 days after the occurrence of the use of physical force and observation and appended to all other reports of the incident.
4. A member of a law enforcement agency shall not discipline or retaliate in any way against a peace officer solely for:
(a) Intervening in the use of physical force that is not justified as required by subsection 1; or
(b) Reporting the observation of the use of physical force that is not justified as required by subsection 3.
5. Each law enforcement agency in this State shall train its peace officers on the provisions of this section.
6. As used in this section:
(a) Peace officer means any person upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 289.150 to 289.360, inclusive.
(b) Physical force has the meaning ascribed to it in section 4 of this act.
Sec. 6. Chapter 289 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Each law enforcement agency shall adopt a written policy regarding the drug and alcohol testing of a peace officer following an officer-involved shooting or when the conduct of a peace officer results in substantial bodily harm to or the death of another person. The written policy adopted by the law enforcement agency must include the following requirements:
(a) Each peace officer who is involved in an officer-involved shooting or whose conduct resulted in substantial bodily harm to or the death of another person must submit to drug and alcohol testing, including, without limitation, testing for the use of cannabis, prescription drugs and illegal drugs; and
(b) The drug and alcohol testing must be completed as soon as practicable after the officer-involved shooting or the conduct of the peace officer that resulted in substantial bodily harm to or the death of another person, but not later than the end of the involved peace officers shift.
2. As used in this section, officer-involved shooting means any instance when a peace officer discharges his or her firearm during the performance of his or her official duties or in the line of duty and thereby causes injury or death to one or more persons.
Sec. 7. NRS 289.010 is hereby amended to read as follows:
289.010 As used in this chapter, unless the context otherwise requires:
1. Administrative file means any file of a peace officer containing information, comments or documents about the peace officer. The term does not include any file relating to an investigation conducted pursuant to NRS 289.057 or a criminal investigation of a peace officer.
2. [Choke hold means the holding of a persons neck in a manner specifically intended to restrict the flow of oxygen or blood to the persons lungs or brain. The term includes the arm-bar restraint, carotid restraint and lateral vascular neck restraint.
κ2020 Statutes of Nevada, 32nd Special Session, Page 72 (CHAPTER 4, AB 3)κ
3.] Law enforcement agency means any agency, office, bureau, department, unit or division created by any statute, ordinance or rule which:
(a) Has a duty to enforce the law; and
(b) Employs any person upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 289.150 to 289.360, inclusive.
[4.] 3. Peace officer means any person upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 289.150 to 289.360, inclusive.
[5.] 4. Punitive action means any action which may lead to dismissal, demotion, suspension, reduction in salary, written reprimand or transfer of a peace officer for purposes of punishment.
Sec. 8. Chapter 633, Statutes of Nevada 2019, at page 4488, is hereby amended by adding thereto a new section to be designated as section 135.3, immediately following section 135, to read as follows:
Sec. 135.3. The amendatory provisions of section 34 of this act apply to:
1. An offense committed on or after July 1, 2020; and
2. An offense committed before July 1, 2020, if the person is sentenced on or after July 1, 2020.
Sec. 9. 1. On or before November 1, 2020, each law enforcement agency in this State shall provide a report containing the following information to the Director of the Legislative Counsel Bureau for transmittal to the 81st Session of the Nevada Legislature:
(a) Information concerning traffic stops and other stops, including, without limitation:
(1) The way in which traffic stops and other stops are recorded and what is included in such recordings;
(2) The period for which recordings of traffic stops and other stops are maintained; and
(3) The information that is collected and maintained relating to traffic stops and other stops, including, without limitation, any information relating to the identity of a person and any geographic information relating to the stop.
(b) Information concerning the software used to process the identity or drivers license number of a person during a traffic stop or other stop, including, without limitation:
(1) The name of the provider of the software used in law enforcement vehicles and law enforcement dispatch offices to process the identity or drivers license number of a person; and
(2) Information regarding the data collected through the use of the software, including, without limitation:
(I) Whether the software tracks queries through the use of unique identifiers such as identifiers for software users;
(II) Whether there are any limitations on the history of the data collected through the use of the software, including, without limitation, whether there is only a certain amount of history that is stored and whether the history is ever cleared; and
(III) Whether there are any limitations on accessing the data collected through the use of the software, including, without limitation, who is authorized to request the data and how the data can be requested.
2. As used in this section:
(a) Law enforcement agency has the meaning ascribed to it in NRS 289.010.
κ2020 Statutes of Nevada, 32nd Special Session, Page 73 (CHAPTER 4, AB 3)κ
(b) Other stop means any occasion when a person is halted by a law enforcement officer for an alleged violation of law, or any other purpose.
(c) Traffic stop means any occasion when the driver of a motor vehicle is halted by a law enforcement officer for an alleged traffic violation or infraction, or any other purpose.
Sec. 10. If, pursuant to the provisions of NRS 176A.500 as that section existed before July 1, 2020, a person is sentenced on or after July 1, 2020, and before the effective date of this act to a period of probation or suspension of sentence that exceeds the maximum period of probation set forth in NRS 176A.500 as that section existed on July 1, 2020, the person is entitled to have his or her period of probation or suspension of sentence reduced to the maximum applicable period of probation or suspension of sentence set forth in NRS 176A.500 as that section existed on July 1, 2020.
Sec. 11. Notwithstanding the provisions of NRS 218D.430 and 218D.435, a committee may vote on this act before the expiration of the period prescribed for the return of a fiscal note in NRS 218D.475. This section applies retroactively from and after July 30, 2020.
Sec. 12. NRS 289.590 and 289.810 are hereby repealed.
Sec. 13. This act becomes effective upon passage and approval.
________
Senate Bill No. 1Committee of the Whole
CHAPTER 5
[Approved: August 7, 2020]
AN ACT relating to property; authorizing certain courts to grant a stay in certain proceedings concerning eviction; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law sets forth certain actions and proceedings concerning the eviction of a tenant of any dwelling unit, apartment, mobile home, recreational vehicle or part of a low-rent housing program operated by a public housing authority. (Chapter 40 of NRS) This bill authorizes a court to stay such eviction proceedings for a period of not more than 30 days to facilitate the program, if the Supreme Court or a district court or justice court establishes by rule an expedited program of alternative dispute resolution.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 40 of NRS is hereby amended by adding thereto a new section to read as follows:
If the Supreme Court or a district court or justice court establishes by rule an expedited program of alternative dispute resolution concerning the eviction of a tenant of any dwelling unit, apartment, mobile home, recreational vehicle or part of a low-rent housing program operated by a public housing authority, any such eviction proceedings pursuant to this chapter may be stayed for not more than 30 days to facilitate the program of alternative dispute resolution.
κ2020 Statutes of Nevada, 32nd Special Session, Page 74 (CHAPTER 5, SB 1)κ
public housing authority, any such eviction proceedings pursuant to this chapter may be stayed for not more than 30 days to facilitate the program of alternative dispute resolution.
Sec. 2. NRS 40.215 is hereby amended to read as follows:
40.215 As used in NRS 40.215 to 40.425, inclusive, and section 1 of this act, unless the context requires otherwise:
1. Dwelling or dwelling unit means a structure or part thereof that is occupied, or designed or intended for occupancy, as a residence or sleeping place by one person who maintains a household or by two or more persons who maintain a common household.
2. Landlords agent means a person who is hired or authorized by the landlord or owner of real property to manage the property or dwelling unit, to enter into a rental agreement on behalf of the landlord or owner of the property or who serves as a person within this State who is authorized to act for and on behalf of the landlord or owner for the purposes of service of process or receiving notices and demands. A landlords agent may also include a successor landlord or a property manager as defined in NRS 645.0195.
3. Mobile home means every vehicle, including equipment, which is constructed, reconstructed or added to in such a way as to have an enclosed room or addition occupied by one or more persons as a residence or sleeping place and which has no foundation other than wheels, jacks, skirting or other temporary support.
4. Mobile home lot means a portion of land within a mobile home park which is rented or held out for rent to accommodate a mobile home.
5. Mobile home park or park means an area or tract of land where two or more mobile homes or mobile home lots are rented or held out for rent. Mobile home park or park does not include those areas or tracts of land, whether within or outside of a park, where the lots are held out for rent on a nightly basis.
6. Premises includes a mobile home.
7. Recreational vehicle means a vehicular structure primarily designed as temporary living quarters for travel, recreational or camping use, which may be self-propelled or mounted upon or drawn by a motor vehicle.
8. Recreational vehicle lot means a portion of land within a recreational vehicle park, or a portion of land so designated within a mobile home park, which is rented or held out for rent to accommodate a recreational vehicle overnight or for less than 3 months.
9. Recreational vehicle park means an area or tract of land where lots are rented or held out for rent to accommodate a recreational vehicle overnight or for less than 3 months.
10. Short-term tenancy means a tenancy in which rent is reserved by a period of 1 week and the tenancy has not continued for more than 45 days.
Sec. 3. This act becomes effective upon passage and approval.
________
κ2020 Statutes of Nevada, 32nd Special Session, Page 75κ
Senate Bill No. 2Committee of the Whole
CHAPTER 6
[Approved: August 7, 2020]
AN ACT relating to peace officers; eliminating the prohibition on the use of a peace officers compelled statement in a civil case; revising provisions regarding when a law enforcement agency may initiate an investigation into the alleged misconduct of a peace officer; revising provisions relating to the reassignment of a peace officer who is under investigation; authorizing a peace officer or representative to inspect certain evidence and submit a response after the conclusion of an investigation; revising provisions requiring the dismissal of civil and administrative proceedings against a peace officer under certain circumstances; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides certain rights to peace officers which are commonly known as the Peace Officer Bill of Rights. (NRS 289.020-289.120) This bill makes various changes relating to those rights.
Section 1 of this bill eliminates the prohibition on the use of a peace officers compelled statement in a civil case against the peace officer without his or her consent.
Existing law authorizes a law enforcement agency to conduct an investigation of a peace officer in response to a complaint or allegation that the peace officer has engaged in activities which could result in punitive action. Unless the alleged misconduct would be a crime punishable pursuant to state or federal law, a law enforcement agency is prohibited from conducting such an investigation if the activities of the peace officer occurred more than 1 year before the date of the filing of the complaint or allegation. (NRS 289.057) Section 2 of this bill: (1) provides that an investigation must be commenced by the law enforcement within a reasonable period of time after the date of the filing of the complaint or allegation with the law enforcement agency; and (2) prohibits a law enforcement agency from conducting an investigation if the complaint or investigation is filed more than 5 years after the activities of the peace officer occurred. Section 2 also eliminates the prohibition on a law enforcement agency reopening an investigation unless the agency discovers new material evidence. Section 2 further eliminates the prohibition on reassigning a peace officer during an investigation without the peace officers consent.
Under existing law, a law enforcement agency must allow a representative of a peace officer who is the subject of an investigation to inspect certain evidence in the possession of the law enforcement agency. After the conclusion of the investigation, if the peace officer appeals a recommendation to impose punitive action, the peace officer or his or her representative may review and copy the entire file concerning the internal investigation. (NRS 289.080) Section 3 of this bill provides, instead, that after the conclusion of an investigation, if a law enforcement agency intends to recommend that punitive action be imposed, the law enforcement agency must notify the peace officer and give the peace officer or his or her representative a reasonable opportunity to inspect any evidence in the possession of the law enforcement agency and submit a response. If the law enforcement agency recommends punitive action be imposed and the peace officer appeals the recommendation, the peace officer or any representative may review and copy the entire file concerning the internal investigation.
Under existing law, if an arbitrator or court determines that evidence was obtained during an investigation of a peace officer which was in violation of the rights of peace officers, the arbitrator or court, as applicable, is required to dismiss with prejudice the administrative proceeding or civil action.
κ2020 Statutes of Nevada, 32nd Special Session, Page 76 (CHAPTER 6, SB 2)κ
with prejudice the administrative proceeding or civil action. (NRS 289.085) Section 4 of this bill requires, instead, the arbitrator or court to: (1) exclude such evidence if the evidence may be prejudicial to the peace officer; and (2) dismiss the administrative proceeding or civil action, with prejudice, if such evidence was obtained by a law enforcement agency in bad faith.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 289.020 is hereby amended to read as follows:
289.020 1. A law enforcement agency shall not use punitive action against a peace officer if the peace officer chooses to exercise the peace officers rights under any internal administrative grievance procedure.
2. If a peace officer is denied a promotion on grounds other than merit or other punitive action is used against the peace officer, a law enforcement agency shall provide the peace officer with an opportunity for a hearing.
3. If a peace officer requests representation while being questioned by a superior officer on any matter that the peace officer reasonably believes could result in punitive action, the questioning must cease immediately and the peace officer must be allowed a reasonable opportunity to arrange for the presence and assistance of a representative before the questioning may resume.
4. If a peace officer refuses to comply with an order by a superior officer to cooperate with the peace officers own or any other law enforcement agency in a criminal investigation, the agency may charge the peace officer with insubordination.
[5. Except as otherwise provided in this subsection, any statement a peace officer is compelled to make pursuant to this chapter shall not be disclosed or used in a civil case against the peace officer without the consent of the peace officer. Such a statement may be used in an administrative hearing or civil case regarding the employment of the peace officer. In a civil case, the court may review the statement in camera to determine whether the statement is inconsistent with the testimony of the peace officer and release any inconsistent statement to the opposing party for purposes of impeachment.]
Sec. 2. NRS 289.057 is hereby amended to read as follows:
289.057 1. Except as otherwise provided in this subsection, an investigation of a peace officer may be conducted in response to a complaint or allegation that the peace officer has engaged in activities which could result in punitive action. Any such investigation of a peace officer must be commenced by the law enforcement agency within a reasonable period of time after the date of the filing of the complaint or allegation with the law enforcement agency. A law enforcement agency shall not conduct an investigation pursuant to this subsection if the complaint or allegation is filed with the law enforcement agency more than 5 years after the activities of the peace officer occurred . [more than 1 year from the date of the filing of a complaint or allegation with the law enforcement agency unless the alleged misconduct would be a crime punishable pursuant to state or federal law.]
2. Except as otherwise provided in a collective bargaining agreement, a law enforcement agency shall not suspend a peace officer without pay during or pursuant to an investigation conducted pursuant to this section until all investigations relating to the matter have concluded.
κ2020 Statutes of Nevada, 32nd Special Session, Page 77 (CHAPTER 6, SB 2)κ
or pursuant to an investigation conducted pursuant to this section until all investigations relating to the matter have concluded.
3. After the conclusion of the investigation:
(a) If the investigation causes a law enforcement agency to impose punitive action against the peace officer who was the subject of the investigation and the peace officer has received notice of the imposition of the punitive action, the peace officer or a representative authorized by the peace officer may, except as otherwise prohibited by federal or state law, review any administrative or investigative file maintained by the law enforcement agency relating to the investigation, including any recordings, notes, transcripts of interviews and documents.
(b) If, pursuant to a policy of a law enforcement agency or a labor agreement, the record of the investigation or the imposition of punitive action is subject to being removed from any administrative file relating to the peace officer maintained by the law enforcement agency, the law enforcement agency shall not, except as otherwise required by federal or state law, keep or make a record of the investigation or the imposition of punitive action after the record is required to be removed from the administrative file.
[(c) If the law enforcement agency concludes that the peace officer did not violate a statute, policy, rule or regulation, the law enforcement agency shall not reopen the investigation unless the law enforcement agency discovers new material evidence related to the matter.
4. Except as otherwise provided in subsection 5, a law enforcement agency shall not reassign a peace officer temporarily or permanently without his or her consent during or pursuant to an investigation conducted pursuant to this section or when there is a hearing relating to such an investigation that is pending.
5.] 4. A law enforcement agency may reassign a peace officer temporarily or permanently without his or her consent during or pursuant to an investigation conducted pursuant to this section or when there is a hearing relating to such an investigation that is pending . [if the law enforcement agency finds, based on specific facts or circumstances, that reassignment of the peace officer is necessary to maintain the efficient operation of the law enforcement agency.]
Sec. 3. NRS 289.080 is hereby amended to read as follows:
289.080 1. Except as otherwise provided in subsection 5, a peace officer who is the subject of an investigation conducted pursuant to NRS 289.057 may upon request have two representatives of the peace officers choosing present with the peace officer during any phase of an interrogation or hearing relating to the investigation, including, without limitation, a lawyer, a representative of a labor union or another peace officer.
2. Except as otherwise provided in subsection 5, a peace officer who is a witness in an investigation conducted pursuant to NRS 289.057 may upon request have two representatives of the peace officers choosing present with the peace officer during an interview relating to the investigation, including, without limitation, a lawyer, a representative of a labor union or another peace officer. The presence of the second representative must not create an undue delay in either the scheduling or conducting of the interview.
3. A representative of a peace officer must assist the peace officer during the interview, interrogation or hearing.
κ2020 Statutes of Nevada, 32nd Special Session, Page 78 (CHAPTER 6, SB 2)κ
4. The law enforcement agency conducting the interview, interrogation or hearing shall allow a representative of the peace officer to [:
(a) Inspect the following if related to the investigation and in the possession of the law enforcement agency:
(1) Physical evidence;
(2) Audio recordings, photographs and video recordings; and
(3) Statements made by or attributed to the peace officer.
(b) Explain] explain an answer provided by the peace officer or refute a negative implication which results from questioning of the peace officer but may require such explanation to be provided after the agency has concluded its initial questioning of the peace officer.
5. A representative must not otherwise be connected to, or the subject of, the same investigation.
6. Any information that a representative obtains from the peace officer who is a witness concerning the investigation is confidential and must not be disclosed.
7. Any information that a representative obtains from the peace officer who is the subject of the investigation is confidential and must not be disclosed except upon the:
(a) Request of the peace officer; or
(b) Lawful order of a court of competent jurisdiction.
Κ A law enforcement agency shall not take punitive action against a representative for the representatives failure or refusal to disclose such information.
8. The peace officer, any representative of the peace officer or the law enforcement agency may make a stenographic, digital or magnetic record of the interview, interrogation or hearing. If the agency records the proceedings, the agency shall at the peace officers request and expense provide a copy of the:
(a) Stenographic transcript of the proceedings; or
(b) Recording on the digital or magnetic tape.
9. After the conclusion of the investigation, if a law enforcement agency intends to recommend that punitive action be imposed against the peace officer who was the subject of the investigation [or any representative of the peace officer may, if] , the law enforcement agency must notify the peace officer of such fact and give the peace officer or any representative of the peace officer a reasonable opportunity to inspect any evidence in the possession of the law enforcement agency and submit a response. The law enforcement agency must consider any such response before making a recommendation to impose punitive action against the peace officer. If the law enforcement agency recommends punitive action be imposed against the peace officer and the peace officer appeals [a] the recommendation to impose punitive action, the peace officer or any representative of the peace officer may review and copy the entire file concerning the internal investigation, including, without limitation, any evidence, recordings, notes, transcripts of interviews and documents contained in the file.
Sec. 4. NRS 289.085 is hereby amended to read as follows:
289.085 If an arbitrator or court determines that evidence was obtained during an investigation of a peace officer concerning conduct that could result in punitive action in a manner which violates any provision of NRS 289.010 to 289.120, inclusive, and that such evidence may be prejudicial to the peace officer, such evidence is inadmissible and the arbitrator or court shall [dismiss with prejudice the] exclude such evidence during any administrative proceeding commenced or civil action filed against the peace officer.
κ2020 Statutes of Nevada, 32nd Special Session, Page 79 (CHAPTER 6, SB 2)κ
shall [dismiss with prejudice the] exclude such evidence during any administrative proceeding commenced or civil action filed against the peace officer. If the arbitrator or court further determines that such evidence was obtained by a law enforcement agency in bad faith, the arbitrator or court must dismiss the administrative proceeding or civil action with prejudice.
Sec. 5. NRS 289.090 is hereby amended to read as follows:
289.090 The provisions of subsections 2 [to 5, inclusive,] , 3 and 4 of NRS 289.057 and NRS 289.060, 289.070 and 289.080 do not apply to any investigation which concerns alleged criminal activities.
Sec. 6. This act becomes effective upon passage and approval.
________
Senate Bill No. 3Committee of the Whole
CHAPTER 7
[Approved: August 6, 2020]
AN ACT relating to unemployment compensation; authorizing the electronic transmission of certain documents and communications relating to unemployment compensation; revising the procedures for the adoption of an emergency regulation by the Administrator of the Employment Security Division of the Department of Employment, Training and Rehabilitation; revising provisions relating to eligibility for unemployment benefits in certain circumstances; authorizing the Administrator to suspend, modify, amend or waive certain requirements under certain circumstances; revising provisions governing the payment of unemployment benefits for an extended period and increasing the total extended benefits payable under certain circumstances; revising provisions relating to disqualification for unemployment compensation; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires various notices or other documents or communications relating to unemployment insurance to be mailed to or served upon persons. (NRS 612.365, 612.500, 612.515, 612.551, 612.630) Section 2 of this bill authorizes the Administrator of the Employment Security Division of the Department of Employment, Training and Rehabilitation or the Division to provide such documents or communications electronically to a person who has requested to receive such documents or communications electronically. Section 2 additionally provides that an electronic communication does not satisfy or relieve the Administrator or Division from a requirement of federal or state law to provide a document or communication in the manner required by the applicable law.
Existing law authorizes an agency to adopt an emergency regulation if the agency determines, and the Governor agrees, that an emergency exists. (NRS 233B.0613) Section 3 of this bill: (1) creates a similar process for the Administrator to adopt an emergency regulation; (2) provides for the review of an emergency regulation of the Administrator by the Legislative Commission; and (3) authorizes such an emergency regulation to be adopted more than once. Section 14 of this bill makes a conforming change.
κ2020 Statutes of Nevada, 32nd Special Session, Page 80 (CHAPTER 7, SB 3)κ
Existing law generally deems a person to be unemployed, and therefore eligible for unemployment benefits, in any week during which the person: (1) performs no services and receives no remuneration for services; or (2) performs less than full-time work, but is paid remuneration that is less than the amount the person would otherwise receive in unemployment benefits. (NRS 612.185) Section 4 of this bill expands the eligibility for a person who performs less than full-time work to be deemed to be unemployed to include persons who are paid remuneration that is less than one and one-half times the amount the person would otherwise receive in unemployment benefits.
Section 5 of this bill authorizes the Administrator, by regulation and to the extent allowed by federal law, to suspend, modify, amend or waive any provision of the Unemployment Compensation Law for the duration of a state of emergency or declaration of disaster and for any additional period of time during which the emergency or disaster directly affects the requirements of the Unemployment Compensation Law if the Administrator makes certain determinations and the action is approved by the Governor. Sections 12 and 13 of this bill provide, for the purpose of compliance with federal law, similar authority for the Administrator, by regulation and to the extent allowed by federal law, to suspend, modify, amend or waive specific provisions of the Unemployment Compensation Law relating to rates of contribution for employers and charging of benefits to the account of an employer.
The Families First Coronavirus Response Act, Pub. L. No. 116-127, provides for additional money being made available to states for their unemployment compensation programs. To qualify for the additional money, certain provisions must be included in state law. Sections 6 and 7 of this bill temporarily revise the definition of an on indicator for the purposes of extended unemployment benefits and revise the total extended benefit amount a person may receive in a benefit year during periods of high unemployment, which will allow Nevada to qualify for additional money under the Families First Coronavirus Response Act. Section 7 also requires the Governor to determine whether any subsequent federal law similarly provides for additional money to be made available to states for their unemployment compensation programs and to issue a proclamation to that effect, and the revisions in sections 6 and 7 become effective for the period of time identified in the proclamation by the Governor.
Existing law prohibits a person from receiving unemployment benefits for a week in which the claimant received certain payments, including, without limitation, severance pay or vacation pay. (NRS 612.420, 612.425, 612.430) Sections 8-10 of this bill authorize the Administrator, by regulation, to waive or modify the period in which a person is disqualified from benefits for receiving certain payments for good cause or upon the making of certain determinations. Section 17.5 of this bill applies the amendatory provisions of sections 8 and 9 retroactively to any week of unemployment ending on or after May 28, 2020, and authorizes a regulation adopted pursuant to sections 8 and 9 to apply retroactively to such weeks of unemployment.
Section 11 of this bill requires certain filings relating to judicial review of a decision by the Board of Review to be served or filed within a certain period of time.
Existing law requires a person to be disqualified from receiving unemployment benefits if the Administrator determines the person has failed to apply for or accept suitable work without good cause. (NRS 612.390) Section 15 of this bill requires the Administrator to establish, by regulation, justifications related to the outbreak of the disease identified by the Centers for Disease Control and Prevention of the United States Department of Health and Human Services as COVID-19 that constitute good cause for a person to refuse suitable work. Section 17.5 applies the provisions of section 15 retroactively to any week of unemployment ending on or after May 28, 2020, and authorizes a regulation adopted pursuant to section 15 to apply retroactively to such weeks of unemployment.
κ2020 Statutes of Nevada, 32nd Special Session, Page 81 (CHAPTER 7, SB 3)κ
EXPLANATION
Matter in bolded italics is
new; matter between brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 612 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. Except as otherwise provided by federal or state law, the Administrator or the Division may electronically provide a form, notice, claim, bill or other document or communication to a person if the person has requested to receive communications by electronic transmission, by electronic mail or other electronic communication.
2. The electronic provision of a form, notice, claim, bill or other document or communication pursuant to subsection 1 does not satisfy or relieve the Administrator or Division of any obligation under federal or state law to provide the form, notice, claim, bill or other document or communication in the manner required by the applicable state or federal law.
Sec. 3. 1. If the Administrator determines that an emergency exists, the Administrator shall submit to the Governor a written statement of the emergency which sets forth the reasons for the determination. If the Governor endorses the statement of the emergency by written endorsement at the end of the full text of the statement of emergency on the original copy of a proposed regulation and the proposed regulation is consistent with federal law, the regulation may be adopted. If the Administrator adopts the regulation, the Administrator shall submit the adopted emergency regulation to the Legislative Counsel for transmission to the Legislative Commission to determine whether the emergency regulation is consistent with federal law, conforms to statutory authority and carries out the intent of the Legislature in granting that authority. The statement of the emergency endorsed by the Governor must be included as a part of the regulation for all purposes.
2. If practicable, the Administrator shall, not later than 9 a.m. on the first working day before the date on which the emergency regulation is submitted to the Legislative Counsel pursuant to subsection 1, make the emergency regulation available to the public by:
(a) Providing a copy of the emergency regulation to a member of the public upon request; and
(b) Making a copy of the emergency regulation available on its website on the Internet, if any.
3. If practicable, the Administrator shall, not later than 9 a.m. on the first working day before the date of any hearing at which the agency considers the emergency regulation, make the version of the proposed emergency regulation that will be considered at the hearing available to the public by:
(a) Providing a copy of the proposed emergency regulation to a member of the public upon request; and
(b) Making a copy of the proposed emergency regulation available on its website on the Internet, if any.
4. The Legislative Commission has 15 days after the submission of an emergency regulation to the Legislative Counsel by the Administrator pursuant to subsection 1 to consider the emergency regulation. If the Legislative Commission:
(a) Does not consider the emergency regulation during the 15-day period, the emergency regulation is deemed approved and the Legislative Counsel shall promptly file the emergency regulation with the Secretary of State and notify the Administrator of the filing.
κ2020 Statutes of Nevada, 32nd Special Session, Page 82 (CHAPTER 7, SB 3)κ
Counsel shall promptly file the emergency regulation with the Secretary of State and notify the Administrator of the filing.
(b) Considers the emergency regulation during the 15-day period and:
(1) Approves the emergency regulation, the Legislative Counsel shall promptly file the emergency regulation with the Secretary of State and notify the Administrator of the filing.
(2) Objects to the emergency regulation after finding that the emergency regulation is not consistent with federal law or does not conform to statutory authority or carry out legislative intent, the Legislative Counsel shall attach to the emergency regulation a written notice of the objection and shall promptly return the emergency regulation to the Administrator. An emergency regulation returned to the Administrator pursuant to this subparagraph or any substantially identical regulation does not become effective until the regulation, including any amendment to the regulation determined to be necessary by the Administrator to address the objection of the Legislative Commission, is approved by the Legislative Commission at a subsequent meeting.
5. An emergency regulation adopted pursuant to this section becomes effective when the Legislative Counsel files with the Secretary of State the original of the final draft or revision of the emergency regulation, together with the informational statement prepared pursuant to NRS 233B.066. The Secretary of State shall maintain the original of the final draft or revision of each such emergency regulation in a permanent file to be used only for the preparation of official copies.
6. A regulation adopted pursuant to this section may be effective for a period of not longer than 120 days.
7. A regulation may be adopted by this emergency procedure more than once by the Administrator.
8. If the Administrator adopts, after providing notice and the opportunity for a hearing as required in chapter 233B of NRS, a permanent or temporary regulation which becomes effective and is substantially identical to an effective emergency regulation, the emergency regulation expires automatically on the effective date of the temporary or permanent regulation.
Sec. 4. NRS 612.185 is hereby amended to read as follows:
612.185 1. A person shall be deemed unemployed in any week during which the person performs no services and with respect to which no remuneration is payable to the person or in any week of less than full-time work if the remuneration payable to the person with respect to such week is less than one and one-half times the persons weekly benefit amount if the person has no dependents or less than one and one-half times the persons augmented weekly benefit amount if the person has dependents.
2. The Administrator shall adopt regulations applicable to unemployed persons, making such distinctions in the procedures as to total unemployment, partial unemployment of persons who were totally unemployed, partial unemployment of persons who retain their regular employment and other forms of part-time work, as the Administrator deems necessary.
3. No person shall be deemed to be unemployed in any week in which the person:
(a) Is self-employed;
(b) Receives benefits for a temporary total disability or a temporary partial disability pursuant to chapters 616A to 616D, inclusive, or 617 of NRS; or
κ2020 Statutes of Nevada, 32nd Special Session, Page 83 (CHAPTER 7, SB 3)κ
(c) Receives money for rehabilitative services pursuant to chapters 616A to 616D, inclusive, or 617 of NRS.
Sec. 5. NRS 612.220 is hereby amended to read as follows:
612.220 The Administrator:
1. Shall administer this chapter.
2. Is responsible for the administration, through the Administrator of the Commission on Postsecondary Education, of the provisions of NRS 394.383 to 394.560, inclusive.
3. Has power and authority to adopt, amend or rescind such rules and regulations [,] consistent with the provisions of federal law, to employ, in accordance with the provisions of this chapter, such persons, make such expenditures, require such reports, make such investigations, and take such other action as the Administrator deems necessary or suitable to that end.
4. Shall determine his or her own organization and methods of procedure for the Division in accordance with the provisions of this chapter.
5. To the extent allowed by federal law, may, by regulation, suspend, modify, amend or waive any requirement of this chapter for the duration of a state of emergency or declaration of disaster proclaimed pursuant to NRS 414.070 and for any additional period of time during which the emergency or disaster directly affects the requirement of this chapter if:
(a) The Administrator determines the action is:
(1) In the best interest of the Division, this State or the general health, safety and welfare of the citizens of this State; or
(2) Necessary to comply with instructions received from the Department of Labor; and
(b) The action of the Administrator is approved by the Governor.
Sec. 6. NRS 612.377 is hereby amended to read as follows:
612.377 As used in NRS 612.377 to 612.3786, inclusive, unless the context clearly requires otherwise:
1. Extended benefit period means a period which begins with the third week after a week for which there is a Nevada on indicator and ends with the third week after the first week for which there is a Nevada off indicator or the 13th consecutive week after it began, except that no extended benefit period may begin by reason of a Nevada on indicator before the 14th week following the end of a prior extended benefit period which was in effect for Nevada.
2. There is a Nevada on indicator for a week if the Administrator determines, in accordance with the regulations of the Secretary of Labor, that [for] :
(a) For the period consisting of that week and the immediately preceding 12 weeks, the rate of insured unemployment in Nevada (not seasonally adjusted) under NRS 612.377 to 612.3786, inclusive:
[(a)] (1) Equaled or exceeded 120 percent of the average of those rates for the corresponding 13-week period ending in each of the preceding 2 calendar years and equaled or exceeded 5 percent; or
[(b)] (2) Equaled or exceeded 6 percent [.] ; or
(b) For weeks of unemployment beginning on or after March 18, 2020, and ending on or before the week ending 4 weeks before the last week for which full federal sharing is authorized by section 4105(a) of Public Law No. 116-127, or which occur during a period of time specified by the Governor in a proclamation issued pursuant to subsection 4 of NRS 612.378, the average rate of total seasonally adjusted unemployment in Nevada, as determined by the Secretary of Labor, for the period consisting of the most recent 3 months for which data for all states are published before the close of such week:
κ2020 Statutes of Nevada, 32nd Special Session, Page 84 (CHAPTER 7, SB 3)κ
Nevada, as determined by the Secretary of Labor, for the period consisting of the most recent 3 months for which data for all states are published before the close of such week:
(1) Equaled or exceeded 6.5 percent; and
(2) Equaled or exceeded 110 percent of the average rate for the corresponding 3-month period ending in either of the 2 preceding calendar years.
3. There is a Nevada off indicator for a week if the Administrator determines, in accordance with the regulations of the Secretary of Labor, that for the period consisting of that week and the immediately preceding 12 weeks, the rate of insured unemployment in Nevada (not seasonally adjusted):
(a) Was less than 120 percent of the average of those rates for the corresponding 13-week period ending in each of the preceding 2 calendar years; or
(b) Was less than 5 percent.
4. Rate of insured unemployment, for purposes of subsections 2 and 3, means the percentage derived by dividing the average weekly number of persons filing claims in this State for the weeks of unemployment for the most recent period of 13 consecutive weeks, as determined by the Administrator on the basis of the Administrators reports to the Secretary of Labor using the average monthly employment covered under this chapter as determined by the Administrator and recorded in the records of the Division for the first four of the most recent six completed calendar quarters ending before the end of the 13-week period.
5. Regular benefits means benefits payable to a person under this chapter or under any other state law (including benefits payable to federal civilian employees and to ex-servicemen or ex-servicewomen pursuant to 5 U.S.C. §§ 8501 et seq.) other than extended benefits.
6. Extended benefits means benefits (including benefits payable to federal civilian employees and to ex-servicemen or ex-servicewomen pursuant to 5 U.S.C. §§ 8501 et seq.) payable to a person under the provisions of NRS 612.377 to 612.3786, inclusive, for the weeks of unemployment in the persons eligibility period.
7. Additional benefits means benefits payable to exhaustees by reason of conditions of high unemployment or by reason of other special factors under the provisions of any state law. Any person who is entitled to both additional and extended benefits for the same week must be given the choice of electing which type of benefit to claim regardless of whether his or her rights to additional and extended benefits arise under the law of the same state or different states.
8. Eligibility period of a person means the period consisting of the weeks in the persons benefit year under this chapter which begin in an extended benefit period and, if that benefit year ends within the extended benefit period, any weeks thereafter which begin in that period.
9. Exhaustee means a person who, with respect to any week of unemployment in the persons eligibility period:
(a) Has received, before that week, all of the regular, seasonal or nonseasonal benefits that were available to him or her under this chapter or any other state law (including augmented weekly benefits for dependents and benefits payable to federal civilian employees and ex-servicemen or ex-servicewomen under 5 U.S.C. §§ 8501 et seq.) in the persons current benefit year which includes that week, except that, for the purposes of this paragraph, a person shall be deemed to have received all of the regular benefits that were available to him or her, although as a result of a pending appeal with respect to wages that were not considered in the original monetary determination in that benefit year, the person may subsequently be determined to be entitled to added regular benefits; or
κ2020 Statutes of Nevada, 32nd Special Session, Page 85 (CHAPTER 7, SB 3)κ
benefits that were available to him or her, although as a result of a pending appeal with respect to wages that were not considered in the original monetary determination in that benefit year, the person may subsequently be determined to be entitled to added regular benefits; or
(b) His or her benefit year having expired before that week, has no, or insufficient, wages on the basis of which the person could establish a new benefit year which would include that week,
Κ and has no right to unemployment benefits or allowances, as the case may be, under the Railroad Unemployment Insurance Act, 45 U.S.C. §§ 351 et seq., the Trade Expansion Act of 1962, 19 U.S.C. §§ 1801 et seq., the Automotive Products Trade Act of 1965, 19 U.S.C. §§ 2001 et seq. and such other federal laws as are specified in regulations issued by the Secretary of Labor, and has not received and is not seeking unemployment benefits under the unemployment compensation law of Canada. If the person is seeking such benefits and the appropriate agency finally determines that the person is not entitled to benefits under that law the person is considered an exhaustee.
10. State law means the unemployment insurance law of any state, approved by the Secretary of Labor under Section 3304 of the Internal Revenue Code of 1954.
Sec. 7. NRS 612.378 is hereby amended to read as follows:
612.378 1. [The] Except as otherwise provided in subsection 2, the total extended benefit amount payable to any eligible person for the persons applicable benefit year is the lesser of the following amounts:
(a) Fifty percent of the basic benefits which were payable to him or her in the benefit year. If the amount computed is not a multiple of $1, it must be computed to the next lower multiple of $1.
(b) Thirteen times the persons average weekly benefit amount which was payable to him or her under this chapter for a week of total unemployment in the applicable benefit year. If the amount computed is not a multiple of $1, it must be computed to the next lower multiple of $1.
(c) Thirty-nine times the persons average weekly benefit amount which was payable to him or her under this chapter for a week of total unemployment in the applicable benefit year, reduced by the basic benefits which were payable to him or her in the benefit year. If the amount computed is not a multiple of $1, it must be computed to the next lower multiple of $1.
2. In weeks beginning in a high unemployment period on or after March 18, 2020, and ending on or before the week ending 3 weeks before the last week for which full federal sharing is authorized by section 4105(a) of Public Law No. 116-127, or which occur during a period of time specified by the Governor in a proclamation issued pursuant to subsection 4, the total extended benefit amount payable to any eligible person for the persons applicable benefit year is the lesser of the following amounts:
(a) Eighty percent of the basic benefits which were payable to him or her in the benefit year. If the amount computed is not a multiple of $1, it must be computed to the next lower multiple of $1.
(b) Twenty times the persons average weekly benefit amount which was payable to him or her under this chapter for a week of total unemployment in the applicable benefit year. If the amount computed is not a multiple of $1, it must be computed to the next lower multiple of $1.
(c) Forty-six times the persons average weekly benefit amount which was payable to him or her under this chapter for a week of total unemployment in the applicable benefit year, reduced by the basic benefits which were payable to him or her in the benefit year.
κ2020 Statutes of Nevada, 32nd Special Session, Page 86 (CHAPTER 7, SB 3)κ
which were payable to him or her in the benefit year. If the amount computed is not a multiple of $1, it must be computed to the next lower multiple of $1.
3. If the benefit year of any person ends within an extended benefit period, the remaining balance of extended benefits that the person would, but for this subsection, be entitled to receive in that period, with respect to weeks of unemployment beginning after the end of the benefit year, must be reduced by the product of the number of weeks for which the person received any amounts as trade readjustment allowances pursuant to 19 U.S.C. § 2291 within that benefit year, multiplied by the weekly benefit amount of extended benefits, but the balance must not be reduced below zero.
4. If the Governor determines that a federal law authorizes full federal sharing for one or more weeks to cover the costs of extended benefits incurred pursuant to subsection 2, the Governor shall issue a proclamation stating that determination and specifying the weeks during which the extended benefits are available.
5. As used in this section, high unemployment period means any period during which the average rate of total seasonally adjusted unemployment in Nevada, as determined by the Secretary of Labor, for the period consisting of the most recent 3 months for which data for all states are published before the close of such week:
(a) Equaled or exceeded 8 percent; and
(b) Equaled or exceeded 110 percent of the average rate for the corresponding 3-month period ending in either of the 2 preceding calendar years.
Sec. 8. NRS 612.420 is hereby amended to read as follows:
612.420 [A]
1. Except as otherwise provided in subsection 2, a person is disqualified for benefits for any week with respect to which the person receives either wages in lieu of notice or severance pay.
2. The Administrator may, by regulation, waive or modify the period of disqualification set forth in subsection 1:
(a) For good cause; or
(b) If the Administrator determines such action is necessary to expedite benefits and protect the health, safety and well-being of claimants.
Sec. 9. NRS 612.425 is hereby amended to read as follows:
612.425 [A]
1. Except as otherwise provided in subsection 2, a claimant shall be disqualified for benefits for any week with respect to which the claimant is on paid vacation.
2. The Administrator may, by regulation, waive or modify the period of disqualification set forth in subsection 1:
(a) For good cause; or
(b) If the Administrator determines such action is necessary to expedite benefits and protect the health, safety and well-being of claimants.
Sec. 10. NRS 612.430 is hereby amended to read as follows:
612.430 [A]
1. Except as otherwise provided in subsection 2, a claimant shall be disqualified for benefits for any week following termination of work, which could have been compensated by vacation pay had termination not occurred, if the claimant actually receives such compensation at the time of separation or on regular paydays immediately following termination.
κ2020 Statutes of Nevada, 32nd Special Session, Page 87 (CHAPTER 7, SB 3)κ
2. The Administrator may, by regulation, waive or modify the period of disqualification set forth in subsection 1:
(a) For good cause; or
(b) If the Administrator determines such action is necessary to expedite benefits and protect the health, safety and well-being of claimants.
Sec. 11. NRS 612.530 is hereby amended to read as follows:
612.530 1. Within 11 days after the decision of the Board of Review has become final, any party aggrieved thereby or the Administrator may secure judicial review thereof by commencing an action in the district court of the county where the employment which is the basis of the claim was performed for the review of the decision, in which action any other party to the proceedings before the Board of Review must be made a defendant.
2. In such action, a petition which need not be verified, but which must state the grounds upon which a review is sought, must , within 45 days after the commencement of the action, be served upon the Administrator, unless the Administrator is the appellant, or upon such person as the Administrator may designate, and such service shall be deemed completed service on all parties, but there must be left with the party so served as many copies of the petition as there are defendants, and the Administrator shall forthwith mail one such copy to each defendant.
3. The Administrator shall file with the court an answer within 45 days after being served with a petition pursuant to subsection 2 or, if the Administrator is the appellant, the Administrator shall serve the petition upon each other party within 45 days after commencement of the action. With the Administrators answer or petition, the Administrator shall certify and file with the court originals or true copies of all documents and papers and a transcript of all testimony taken in the matter, together with the Board of Reviews findings of fact and decision therein. The Administrator may certify to the court questions of law involved in any decision.
4. In any judicial proceedings under this section, the finding of the Board of Review as to the facts, if supported by evidence and in the absence of fraud, is conclusive, and the jurisdiction of the court is confined to questions of law.
5. Such actions, and the questions so certified, must be heard in a summary manner and must be given precedence over all other civil cases except cases arising under chapters 616A to 616D, inclusive, or chapter 617 of NRS.
6. An appeal may be taken from the decision of the district court to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court of Nevada pursuant to Section 4 of Article 6 of the Nevada Constitution in the same manner, but not inconsistent with the provisions of this chapter, as is provided in civil cases.
7. It is not necessary, in any judicial proceeding under this section, to enter exceptions to the rulings of the Board of Review, and no bond may be required for entering the appeal.
8. Upon the final determination of the judicial proceeding, the Board of Review shall enter an order in accordance with the determination.
9. A petition for judicial review does not act as a supersedeas or stay unless the Board of Review so orders.
Sec. 12. NRS 612.550 is hereby amended to read as follows:
612.550 1. As used in this section:
(a) Average actual duration means the number of weeks obtained by dividing the number of weeks of benefits paid for weeks of total unemployment in a consecutive 12-month period by the number of first payments made in the same 12-month period.
κ2020 Statutes of Nevada, 32nd Special Session, Page 88 (CHAPTER 7, SB 3)κ
unemployment in a consecutive 12-month period by the number of first payments made in the same 12-month period.
(b) Average annual payroll for each calendar year means the annual average of total wages paid by an employer subject to contributions for the 3 consecutive calendar years immediately preceding the computation date. The average annual payroll for employers first qualifying as eligible employers must be computed on the total amount of wages paid, subject to contributions, for not less than 10 consecutive quarters and not more than 12 consecutive quarters ending on December 31, immediately preceding the computation date.
(c) Beneficiary means a person who has received a first payment.
(d) Computation date for each calendar year means June 30 of the preceding calendar year.
(e) Covered worker means a person who has worked in employment subject to this chapter.
(f) First payment means the first weekly unemployment insurance benefit paid to a person in the persons benefit year.
(g) Reserve balance means the excess, if any, of total contributions paid by each employer over total benefit charges to that employers experience rating record.
(h) Reserve ratio means the percentage ratio that the reserve balance bears to the average annual payroll.
(i) Total contributions paid means the total amount of contributions, due on wages paid on or before the computation date, paid by an employer not later than the last day of the second month immediately following the computation date.
(j) Unemployment risk ratio means the ratio obtained by dividing the number of first payments issued in any consecutive 12-month period by the average monthly number of covered workers in employment as shown on the records of the Division for the same 12-month period.
2. The Administrator shall, as of the computation date for each calendar year, classify employers in accordance with their actual payrolls, contributions and benefit experience, and shall determine for each employer the rate of contribution which applies to that employer for each calendar year in order to reflect his or her experience and classification. The contribution rate of an employer may not be reduced below 2.95 percent, unless there have been 12 consecutive calendar quarters immediately preceding the computation date throughout which the employer has been subject to this chapter and his or her account as an employer could have been charged with benefit payments, except that an employer who has not been subject to the law for a sufficient period to meet this requirement may qualify for a rate less than 2.95 percent if his or her account has been chargeable throughout a lesser period not less than the 10-consecutive-calendar-quarter period ending on the computation date.
3. Any employer who qualifies under paragraph (b) of subsection 9 and receives the experience record of a predecessor employer must be assigned the contribution rate of the predecessor.
4. Benefits paid to a person up to and including the computation date must be charged against the records, for experience rating, of the persons base-period employers in the same percentage relationship that wages reported by individual employers represent to total wages reported by all base period employers, except that:
κ2020 Statutes of Nevada, 32nd Special Session, Page 89 (CHAPTER 7, SB 3)κ
(a) If one of the base period employers has paid 75 percent or more of the wages paid to the person during the persons base period, and except as otherwise provided in NRS 612.551, the benefits, less a proportion equal to the proportion of wages paid during the base period by employers who make reimbursement in lieu of contributions, must be charged to the records for experience rating of that employer. The proportion of benefits paid which is equal to the part of the wages of the claimant for the base period paid by an employer who makes reimbursement must be charged to the record of that employer.
(b) No benefits paid to a multistate claimant based upon entitlement to benefits in more than one state may be charged to the experience rating record of any employer when no benefits would have been payable except pursuant to NRS 612.295.
(c) Except for employers who have been given the right to make reimbursement in lieu of contributions, extended benefits paid to a person must not be charged against the accounts of the persons base-period employers.
5. The Administrator shall, as of the computation date for each calendar year, compute the reserve ratio for each eligible employer and shall classify those employers on the basis of their individual reserve ratios. The contribution rate assigned to each eligible employer for the calendar year must be determined by the range within which the employers reserve ratio falls. The Administrator shall, by regulation, prescribe the contribution rate schedule to apply for each calendar year by designating the ranges of reserve ratios to which must be assigned the various contribution rates provided in subsection 6. The lowest contribution rate must be assigned to the designated range of highest reserve ratios and each succeeding higher contribution rate must be assigned to each succeeding designated range of lower reserve ratios, except that, within the limits possible, the differences between reserve ratio ranges must be uniform.
6. Each employer eligible for a contribution rate based upon experience and classified in accordance with this section must be assigned a contribution rate by the Administrator for each calendar year according to the following classes:
Class 1....................................................................................... 0.25 percent
Class 2....................................................................................... 0.55 percent
Class 3....................................................................................... 0.85 percent
Class 4....................................................................................... 1.15 percent
Class 5....................................................................................... 1.45 percent
Class 6....................................................................................... 1.75 percent
Class 7....................................................................................... 2.05 percent
Class 8....................................................................................... 2.35 percent
Class 9....................................................................................... 2.65 percent
Class 10..................................................................................... 2.95 percent
Class 11..................................................................................... 3.25 percent
Class 12..................................................................................... 3.55 percent
Class 13..................................................................................... 3.85 percent
Class 14..................................................................................... 4.15 percent
Class 15..................................................................................... 4.45 percent
Class 16..................................................................................... 4.75 percent
Class 17..................................................................................... 5.05 percent
Class 18..................................................................................... 5.40 percent
κ2020 Statutes of Nevada, 32nd Special Session, Page 90 (CHAPTER 7, SB 3)κ
7. On September 30 of each year, the Administrator shall determine:
(a) The highest of the unemployment risk ratios experienced in the 109 consecutive 12-month periods in the 10 years ending on March 31;
(b) The potential annual number of beneficiaries found by multiplying the highest unemployment risk ratio by the average monthly number of covered workers in employment as shown on the records of the Division for the 12 months ending on March 31;
(c) The potential annual number of weeks of benefits payable found by multiplying the potential number of beneficiaries by the highest average actual duration experienced in the 109 consecutive 12-month periods in the 10 years ending on September 30; and
(d) The potential maximum annual benefits payable found by multiplying the potential annual number of weeks of benefits payable by the average payment made to beneficiaries for weeks of total unemployment in the 12 months ending on September 30.
8. The Administrator shall issue an individual statement, itemizing benefits charged during the 12-month period ending on the computation date, total benefit charges, total contributions paid, reserve balance and the rate of contributions to apply for that calendar year, for each employer whose account is in active status on the records of the Division on January 1 of each year and whose account is chargeable with benefit payments on the computation date of that year.
9. If an employer transfers its trade or business, or a portion thereof, to another employer:
(a) And there is substantially common ownership, management or control of the employers, the experience record attributable to the transferred trade or business must be transferred to the employer to whom the trade or business is transferred. The rates of both employers must be recalculated, and the recalculated rates become effective on the date of the transfer of the trade or business. If the Administrator determines, following the transfer of the experience record pursuant to this paragraph, that the sole or primary purpose of the transfer of the trade or business was to obtain a reduced liability for contributions, the Administrator shall combine the experience rating records of the employers involved into a single account and assign a single rate to the account.
(b) And there is no substantially common ownership, management or control of the employers, the experience record of an employer may be transferred to a successor employer as of the effective date of the change of ownership if:
(1) The successor employer acquires the entire or a severable and distinct portion of the business, or substantially all of the assets, of the employer;
(2) The successor employer notifies the Division of the acquisition in writing within 90 days after the date of the acquisition;
(3) The employer and successor employer submit a joint application to the Administrator requesting the transfer; and
(4) The joint application is approved by the Administrator.
Κ The joint application must be submitted within 1 year after the date of issuance by the Division of official notice of eligibility to transfer.
(c) Except as otherwise provided in paragraph (a), a transfer of the experience record must not be completed if the Administrator determines that the acquisition was effected solely or primarily to obtain a more favorable contribution rate.
κ2020 Statutes of Nevada, 32nd Special Session, Page 91 (CHAPTER 7, SB 3)κ
(d) Any liability to the Division for unpaid contributions, interest or forfeit attributable to the transferred trade or business must be transferred to the successor employer. The percentage of liability transferred must be the same as the percentage of the experience record transferred.
10. Whenever an employer has paid no wages in employment for 8 consecutive calendar quarters following the last calendar quarter in which the employer paid wages for employment, the Administrator shall terminate the employers experience rating account, and the account must not thereafter be used in any rate computation.
11. The Administrator may adopt reasonable accounting methods to account for those employers which are in a category for providing reimbursement in lieu of contributions.
12. To the extent allowed by federal law, the Administrator may, by regulation, suspend, modify, amend or waive any requirement of this section for the duration of a state of emergency or declaration of disaster proclaimed pursuant to NRS 414.070 and for any additional period of time during which the emergency or disaster directly affects the requirement of this section if:
(a) The Administrator determines the action is:
(1) In the best interest of the Division, this State or the general health, safety and welfare of the citizens of this State; or
(2) Necessary to comply with instructions received from the Department of Labor; and
(b) The action of the Administrator is approved by the Governor.
Sec. 13. NRS 612.551 is hereby amended to read as follows:
612.551 1. Except as otherwise provided in subsections 2, 3 and 7, if the Division determines that a claimant has earned 75 percent or more of his or her wages during his or her base period from one employer, it shall notify the employer by mail of its determination and advise him or her that he or she has a right to protest the charging of benefits to his or her account pursuant to subsection 4 of NRS 612.550.
2. Benefits paid pursuant to an elected base period in accordance with NRS 612.344 must not be charged against the record for experience rating of the employer.
3. Except as otherwise provided in subsection 7, if a claimant leaves his or her last or next to last employer to take other employment and leaves or is discharged by the latter employer, benefits paid to the claimant must not be charged against the record for experience rating of the former employer.
4. If the employer provides evidence within 10 working days after the notice required by subsection 1 was mailed which satisfies the Administrator that the claimant:
(a) Left his or her employment voluntarily without good cause or was discharged for misconduct connected with the employment; or
(b) Was the spouse of an active member of the Armed Forces of the United States and left his or her employment because the spouse was transferred to a different location,
Κ the Administrator shall order that the benefits not be charged against the record for experience rating of the employer.
5. The employer may appeal from the ruling of the Administrator relating to the cause of the termination of the employment of the claimant in the same manner as appeals may be taken from determinations relating to claims for benefits.
κ2020 Statutes of Nevada, 32nd Special Session, Page 92 (CHAPTER 7, SB 3)κ
6. A determination made pursuant to this section does not constitute a basis for disqualifying a claimant to receive benefits.
7. If an employer who is given notice of a claim for benefits pursuant to subsection 1 fails to submit timely to the Division all known relevant facts which may affect the claimants rights to benefits as required by NRS 612.475, the employers record for experience rating is not entitled to be relieved of the amount of any benefits paid to the claimant as a result of such failure that were charged against the employers record pursuant to NRS 612.550 or 612.553.
8. To the extent allowed by federal law, the Administrator may, by regulation, suspend, modify, amend or waive any requirement of this section for the duration of a state of emergency or declaration of disaster proclaimed pursuant to NRS 414.070 and for any additional period of time during which the emergency or disaster directly affects the requirement of this section if:
(a) The Administrator determines the action is:
(1) In the best interest of the Division, this State or the general health, safety and welfare of the citizens of this State; or
(2) Necessary to comply with instructions received from the Department of Labor; and
(b) The action of the Administrator is approved by the Governor.
Sec. 14. NRS 233B.039 is hereby amended to read as follows:
233B.039 1. The following agencies are entirely exempted from the requirements of this chapter:
(a) The Governor.
(b) Except as otherwise provided in NRS 209.221, the Department of Corrections.
(c) The Nevada System of Higher Education.
(d) The Office of the Military.
(e) The Nevada Gaming Control Board.
(f) Except as otherwise provided in NRS 368A.140 and 463.765, the Nevada Gaming Commission.
(g) Except as otherwise provided in NRS 425.620, the Division of Welfare and Supportive Services of the Department of Health and Human Services.
(h) Except as otherwise provided in NRS 422.390, the Division of Health Care Financing and Policy of the Department of Health and Human Services.
(i) Except as otherwise provided in NRS 533.365, the Office of the State Engineer.
(j) The Division of Industrial Relations of the Department of Business and Industry acting to enforce the provisions of NRS 618.375.
(k) The Administrator of the Division of Industrial Relations of the Department of Business and Industry in establishing and adjusting the schedule of fees and charges for accident benefits pursuant to subsection 2 of NRS 616C.260.
(l) The Board to Review Claims in adopting resolutions to carry out its duties pursuant to NRS 445C.310.
(m) The Silver State Health Insurance Exchange.
(n) The Cannabis Compliance Board.
2. Except as otherwise provided in subsection 5 and NRS 391.323, the Department of Education, the Board of the Public Employees Benefits Program and the Commission on Professional Standards in Education are subject to the provisions of this chapter for the purpose of adopting regulations but not with respect to any contested case.
κ2020 Statutes of Nevada, 32nd Special Session, Page 93 (CHAPTER 7, SB 3)κ
subject to the provisions of this chapter for the purpose of adopting regulations but not with respect to any contested case.
3. The special provisions of:
(a) Chapter 612 of NRS for the adoption of an emergency regulation or the distribution of regulations by and the judicial review of decisions of the Employment Security Division of the Department of Employment, Training and Rehabilitation;
(b) Chapters 616A to 617, inclusive, of NRS for the determination of contested claims;
(c) Chapter 91 of NRS for the judicial review of decisions of the Administrator of the Securities Division of the Office of the Secretary of State; and
(d) NRS 90.800 for the use of summary orders in contested cases,
Κ prevail over the general provisions of this chapter.
4. The provisions of NRS 233B.122, 233B.124, 233B.125 and 233B.126 do not apply to the Department of Health and Human Services in the adjudication of contested cases involving the issuance of letters of approval for health facilities and agencies.
5. The provisions of this chapter do not apply to:
(a) Any order for immediate action, including, but not limited to, quarantine and the treatment or cleansing of infected or infested animals, objects or premises, made under the authority of the State Board of Agriculture, the State Board of Health, or any other agency of this State in the discharge of a responsibility for the preservation of human or animal health or for insect or pest control;
(b) An extraordinary regulation of the State Board of Pharmacy adopted pursuant to NRS 453.2184;
(c) A regulation adopted by the State Board of Education pursuant to NRS 388.255 or 394.1694;
(d) The judicial review of decisions of the Public Utilities Commission of Nevada;
(e) The adoption, amendment or repeal of policies by the Rehabilitation Division of the Department of Employment, Training and Rehabilitation pursuant to NRS 426.561 or 615.178;
(f) The adoption or amendment of a rule or regulation to be included in the State Plan for Services for Victims of Crime by the Department of Health and Human Services pursuant to NRS 217.130; or
(g) The adoption, amendment or repeal of rules governing the conduct of contests and exhibitions of unarmed combat by the Nevada Athletic Commission pursuant to NRS 467.075.
6. The State Board of Parole Commissioners is subject to the provisions of this chapter for the purpose of adopting regulations but not with respect to any contested case.
Sec. 15. Notwithstanding any provision of NRS 612.390 to the contrary, for the period of time that any emergency directive issued by the Governor pursuant to chapter 414 of NRS relating to the outbreak of the disease identified by the Centers for Disease Control and Prevention of the United States Department of Health and Human Services as COVID-19 remains in effect, the Administrator of the Employment Security Division of the Department of Employment, Training and Rehabilitation shall, by regulation, establish justifications related to COVID-19 that may constitute good cause for a person to refuse suitable work. Such justifications may include, without limitation, that:
κ2020 Statutes of Nevada, 32nd Special Session, Page 94 (CHAPTER 7, SB 3)κ
1. The employer cannot offer suitable means by which the person may work remotely and a medical professional has recommended that the person not return to work because the person falls into one of the categories deemed high risk for contracting COVID-19 by the Centers for Disease Control and Prevention.
2. The person is sick or in isolation as a direct result of COVID-19.
3. There is an unreasonable risk of exposure to COVID-19 at the place of employment of the person and the person falls into one of the categories deemed high risk for contracting COVID-19 by the Centers for Disease Control and Prevention.
4. The person is staying home to care for a family member who is suffering from COVID-19 or subject to a prescribed period of quarantine by a medical professional.
5. The person is caring for a child who is unable to attend school or a child care facility because of COVID-19.
6. The person is 65 years of age or older.
7. The person is under any other circumstance that the Administrator determines, when considering the totality of the persons circumstances, constitutes good cause.
Sec. 16. Notwithstanding the provisions of NRS 218D.430 and 218D.435, a committee may vote on this act before the expiration of the period prescribed for the return of a fiscal note in NRS 218D.475. This section applies retroactively from and after August 2, 2020.
Sec. 17. As soon as practicable, upon determining that sufficient resources are available to the Employment Security Division of the Department of Employment, Training and Rehabilitation to carry out the amendatory provisions of section 4 of this act, the Administrator of the Employment Security Division of the Department of Employment, Training and Rehabilitation shall notify the Governor and the Director of the Legislative Counsel Bureau of that fact, and shall publish on the Internet website of the Division notice to the public of that fact.
Sec. 17.5. To the extent allowed by federal law:
1. The amendatory provisions of sections 8, 9 and 15 of this act apply retroactively to any week of unemployment ending on or after May 28, 2020.
2. Any regulation adopted by the Administrator of the Employment Security Division of the Department of Employment, Training and Rehabilitation pursuant to section 8, 9 or 15 of this act may be applied retroactively to any week of unemployment ending on or after May 28, 2020.
Sec. 18. 1. This section and sections 1, 2, 3 and 5 to 17.5, inclusive, of this act become effective upon passage and approval.
2. Section 4 of this act becomes effective:
(a) Sixty days after passage and approval of this act; or
(b) On the date on which the Administrator of the Employment Security Division of the Department of Employment, Training and Rehabilitation, pursuant to section 17 of this act, notifies the Governor and the Director of the Legislative Counsel Bureau that sufficient resources are available to enable the Division to carry out the amendatory provisions of section 4 of this act,
Κ whichever occurs first.
________
κ2020 Statutes of Nevada, 32nd Special Session, Page 95κ
Senate Bill No. 4Committee of the Whole
CHAPTER 8
[Approved: August 7, 2020]
AN ACT relating to public health; providing certain powers and duties in certain circumstances to a district health department in certain larger counties relating to public health in licensed gaming establishments; requiring the Department of Health and Human Services to establish minimum standards for cleaning in public accommodation facilities in certain counties; requiring the Department to adopt regulations requiring such a facility to adopt protocols and plans concerning the prevention of and response to SARS-CoV-2; providing for inspection of such facilities for compliance with such requirements; limiting the civil liability of certain businesses conducted for profit, governmental entities and private nonprofit organizations for personal injury or death resulting from exposure to COVID-19; authorizing the Secretary of State to suspend the state business license of a person that does not comply with certain health standards related to COVID-19; requiring the transfer of certain money to certain health districts for enforcement purposes; making an appropriation; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law: (1) creates a health district in a county whose population is 700,000 or more (currently only Clark County); and (2) authorizes the board of county commissioners and the governing bodies of any towns or cities in a smaller county to create a health district. (NRS 439.361, 439.362, 439.370) Existing law provides for the creation of a district health department in a health district. (NRS 439.362, 439.370) Sections 1 and 2 of this bill: (1) require a district health department in a county whose population is 100,000 or more (currently Clark and Washoe Counties), upon the request of the Nevada Gaming Control Board, to advise the Board concerning public health matters relating to licensed gaming establishments in the health district; and (2) authorize such a district health department, upon the request of the Board, to enforce regulations adopted by the Board concerning matters of public health against such an establishment.
Sections 3-15 of this bill generally: (1) require the Director of the Department of Health and Human Services and district boards of health in a county whose population is 100,000 or more (currently Clark and Washoe Counties) to adopt by regulation requirements to reduce and prevent the transmission of SARS-CoV-2 in public accommodation facilities in those counties which apply only during the duration of a declaration of a public health emergency due to SARS-CoV-2 and during other periods in which conditions concerning the prevalence of SARS-CoV-2 exist; and (2) provide for the enforcement of those regulations.
Section 11 of this bill requires the Director to adopt regulations requiring a public accommodation facility to establish standards for the cleaning of public accommodation facilities that are designed to reduce the transmission of SARS-CoV-2. Section 12 of this bill requires the Director to adopt regulations requiring each public accommodation facility to establish protocols to: (1) limit the transmission of SARS-CoV-2; and (2) train staff concerning the prevention and mitigation of SARS-CoV-2 transmission.
Section 13 of this bill requires the Director to adopt regulations requiring each public accommodation facility to establish, implement and maintain a written SARS-CoV-2 response plan that provides testing and time off for employees who have been exposed to SARS-CoV-2 or are experiencing the symptoms of COVID-19.
κ2020 Statutes of Nevada, 32nd Special Session, Page 96 (CHAPTER 8, SB 4)κ
exposed to SARS-CoV-2 or are experiencing the symptoms of COVID-19. Section 13 authorizes: (1) the Nevada Gaming Control Board to require a public accommodation facility under its jurisdiction to submit a copy of its written SARS-CoV-2 response plan to the Board; and (2) the health authority to require a public accommodation facility that is not under the jurisdiction of the Board to submit a copy of its written SARS-CoV-2 response plan to the health authority. Sections 13, 32 and 33 of this bill provide for the confidentiality of those plans. Section 14 of this bill requires the Director to adopt regulations prohibiting a public accommodation facility from retaliating against an employee for participating in proceedings related to sections 3-15 or seeking enforcement of those provisions.
Section 31 of this bill exempts the regulations that the Director is required to adopt in sections 11-14 from the requirements of the Nevada Administrative Procedure Act concerning the adoption, amendment or repeal of regulations. However, section 10 of this bill requires the Director to allow any interested person to comment on the adoption, amendment or repeal of those regulations. Section 10 also prohibits the Director from adopting regulations more stringent than necessary to carry out the requirements of this bill. Section 15 of this bill requires a district board of health of a health district in a county whose population is 100,000 or more to adopt regulations that are substantively identical to the regulations adopted by the Director in sections 11-14 and to subsequently amend or repeal its regulations in a conforming manner. Section 14 provides for the enforcement by the health authority and the Nevada Gaming Control Board of the regulations adopted pursuant to and other provisions of sections 11-15. Sections 16-22 of this bill make conforming changes.
Section 29 of this bill provides that certain businesses conducted for profit, governmental entities and private nonprofit organizations are immune from civil liability for personal injury or death resulting from exposure to COVID-19, if the business, governmental entity or private nonprofit organization substantially complied with controlling health standards. Section 29 also: (1) requires the complaint in any such civil action to be pled with particularity; and (2) provides that such immunity does not apply if the business, governmental entity or private nonprofit organization violated controlling health standards with gross negligence and the gross negligence was the proximate cause of the personal injury or death. Section 29 requires the court, as a matter of law, to determine substantial compliance with controlling health standards. Section 34 of this bill provides that these procedures apply to any cause of action or claim that accrues before, on or after the effective date of this bill and before the later of: (1) the date on which the Governor terminates the emergency described in the Declaration of Emergency for COVID-19 issued on March 12, 2020; or (2) July 1, 2023.
Section 30 of this bill authorizes the Secretary of State to suspend the state business license of a person holding a state business license who does not comply with controlling health standards. Section 30 requires the Secretary of State to provide notice of the suspension to the person. Section 39 of this bill provides that the authority to suspend a state business license expires by limitation on the later of the following dates: (1) the date on which the Governor terminates the emergency described in the Declaration of Emergency issued on March 12, 2020; or (2) July 1, 2023.
Section 33.5 of this bill makes an appropriation from the State General Fund to the Legislative Fund for the costs of the 32nd Special Session.
Section 35 of this bill transfers certain money to the applicable health districts to enforce sections 3-15 and the regulations adopted pursuant thereto. Section 36 of this bill requires the Director and applicable district boards of health to adopt the regulations required by sections 11-15 by a prescribed date.
κ2020 Statutes of Nevada, 32nd Special Session, Page 97 (CHAPTER 8, SB 4)κ
EXPLANATION
Matter in bolded italics is
new; matter between brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 439.366 is hereby amended to read as follows:
439.366 1. The district board of health has the powers, duties and authority of a county board of health in the health district.
2. The district health department has jurisdiction over all public health matters in the health district.
3. The district health department:
(a) Shall, upon the request of the Nevada Gaming Control Board, advise and make recommendations to the Board on public health matters related to an establishment that possesses a nonrestricted gaming license as described in NRS 463.0177 or a restricted gaming license as described in NRS 463.0189 in the health district.
(b) May, upon the request of the Nevada Gaming Control Board, enforce regulations adopted by the Board concerning matters of public health against an establishment that possesses a nonrestricted gaming license as described in NRS 463.0177 or a restricted gaming license as described in NRS 463.0189 in the health district.
4. In addition to any other powers, duties and authority conferred on a district board of health by this section, the district board of health may by affirmative vote of a majority of all the members of the board adopt regulations consistent with law, which must take effect immediately on their approval by the State Board of Health, to:
(a) Prevent and control nuisances;
(b) Regulate sanitation and sanitary practices in the interests of the public health;
(c) Provide for the sanitary protection of water and food supplies;
(d) Protect and promote the public health generally in the geographical area subject to the jurisdiction of the health district; and
(e) Improve the quality of health care services for members of minority groups and medically underserved populations.
[4.] 5. Before the adoption, amendment or repeal of a regulation, the district board of health must give at least 30 days notice of its intended action. The notice must:
(a) Include a statement of either the terms or substance of the proposal or a description of the subjects and issues involved, and of the time when, the place where and the manner in which interested persons may present their views thereon;
(b) State each address at which the text of the proposal may be inspected and copied; and
(c) Be mailed to all persons who have requested in writing that they be placed on a mailing list, which must be kept by the board for such purpose.
[5.] 6. All interested persons must be afforded a reasonable opportunity to submit data, views or arguments, orally or in writing, on the intended action to adopt, amend or repeal the regulation. With respect to substantive regulations, the district board of health shall set a time and place for an oral public hearing, but if no one appears who will be directly affected by the proposal and requests an oral hearing, the district board of health may proceed immediately to act upon any written submissions.
κ2020 Statutes of Nevada, 32nd Special Session, Page 98 (CHAPTER 8, SB 4)κ
proceed immediately to act upon any written submissions. The district board of health shall consider fully all written and oral submissions respecting the proposal.
[6.] 7. The district board of health shall file a copy of all of its adopted regulations with the county clerk.
Sec. 2. NRS 439.410 is hereby amended to read as follows:
439.410 1. The district board of health has the powers, duties and authority of a county board of health in the health district.
2. The district health department has jurisdiction over all public health matters in the health district, except in matters concerning emergency medical services pursuant to the provisions of chapter 450B of NRS.
3. The district health department in a county whose population is 100,000 or more but less than 700,000:
(a) Shall, upon the request of the Nevada Gaming Control Board, advise and make recommendations to the Board on public health matters related to an establishment that possesses a nonrestricted gaming license as described in NRS 463.0177 or a restricted gaming license as described in NRS 463.0189 in the health district.
(b) May, upon the request of the Nevada Gaming Control Board, enforce regulations adopted by the Board concerning matters of public health against an establishment that possesses a nonrestricted gaming license as described in NRS 463.0177 or a restricted gaming license as described in NRS 463.0189 in the health district.
4. In addition to any other powers, duties and authority conferred on a district board of health by this section, the district board of health may by affirmative vote of a majority of all the members of the board adopt regulations consistent with law, which must take effect immediately on their approval by the State Board of Health, to:
(a) Prevent and control nuisances;
(b) Regulate sanitation and sanitary practices in the interests of the public health;
(c) Provide for the sanitary protection of water and food supplies; and
(d) Protect and promote the public health generally in the geographical area subject to the jurisdiction of the health district.
[4.] 5. Before the adoption, amendment or repeal of a regulation, the district board of health must give at least 30 days notice of its intended action. The notice must:
(a) Include a statement of either the terms or substance of the proposal or a description of the subjects and issues involved, and of the time when, the place where and the manner in which interested persons may present their views thereon.
(b) State each address at which the text of the proposal may be inspected and copied.
(c) Be mailed to all persons who have requested in writing that they be placed on a mailing list, which must be kept by the district board for such purpose.
[5.] 6. All interested persons must be afforded a reasonable opportunity to submit data, views or arguments, orally or in writing, on the intended action to adopt, amend or repeal the regulation. With respect to substantive regulations, the district board shall set a time and place for an oral public hearing, but if no one appears who will be directly affected by the proposal and requests an oral hearing, the district board may proceed immediately to act upon any written submissions.
κ2020 Statutes of Nevada, 32nd Special Session, Page 99 (CHAPTER 8, SB 4)κ
act upon any written submissions. The district board shall consider fully all written and oral submissions respecting the proposal.
[6.] 7. Each district board of health shall file a copy of all of its adopted regulations with the county clerk of each county in which it has jurisdiction.
Sec. 3. Chapter 447 of NRS is hereby amended by adding thereto the provisions set forth as sections 4 to 15, inclusive, of this act.
Sec. 4. 1. The provisions of sections 4 to 15, inclusive, of this act apply to a county whose population is 100,000 or more.
2. The regulations adopted pursuant to sections 11 to 15, inclusive, of this act and, except as otherwise provided in subsection 3, the powers, requirements and prohibitions set forth in provisions of sections 4 to 15, inclusive, of this act apply:
(a) During any period in which a public health emergency due to SARS-CoV-2 has been declared by the Governor and remains in effect; or
(b) Each day on which:
(1) The rate of positive test results for SARS-CoV-2 in the county reported by the Division of Public and Behavioral Health of the Department exceeds 5 percent in any rolling 14-day period in the 90-day period immediately preceding that day; or
(2) The number of new COVID-19 cases in the county reported by the Division of Public and Behavioral Health of the Department exceeds 100 new cases per 100,000 residents in any rolling 14-day period in the 90-day period immediately preceding that day.
3. The provisions of subsection 2 do not apply to the requirements relating to the adoption, amendment or repeal of regulations pursuant to sections 11 to 15, inclusive, of this act.
Sec. 5. As used in sections 4 to 15, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 6 to 9, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 6. Director means the Director of the Department of Health and Human Services.
Sec. 7. Employee means any natural person in the service of an employer operating a public accommodation facility who provides such service under any appointment or contract of hire or apprenticeship, express or implied, oral or written, whether lawfully or unlawfully employed.
Sec. 8. Health authority means the officers and agents of the district health department or, in a location that is not part of a health district, the officers and agents of the Division of Public and Behavioral Health of the Department of Health and Human Services.
Sec. 9. Public accommodation facility or facility means a hotel and casino, resort, hotel, motel, hostel, bed and breakfast facility or other facility offering rooms or areas to the public for monetary compensation or other financial consideration on an hourly, daily or weekly basis.
Sec. 10. 1. Any regulation adopted, amended or repealed by the Director pursuant to sections 11 to 14, inclusive, of this act must not exceed or be inconsistent with the requirements of those sections.
2. The Director must allow any interested person a reasonable opportunity to submit written or oral comment concerning the amendment or repeal of a regulation pursuant to sections 11 to 14, inclusive, of this act.
κ2020 Statutes of Nevada, 32nd Special Session, Page 100 (CHAPTER 8, SB 4)κ
Sec. 11. 1. The Director shall adopt regulations requiring a public accommodation facility to establish standards for cleaning that are designed to reduce the transmission of SARS-CoV-2. Those standards must require only the following and with no greater frequency than provided in this section:
(a) The use of cleaning products that are qualified by the United States Environmental Protection Agency for use against SARS-CoV-2 for the cleaning required by paragraphs (b) to (p), inclusive.
(b) Desks, tabletops, minibars that have been used after the most recent cleaning, interior and exterior handles of doors, faucets, toilets, nonporous headboards of beds, light switches, remote controls, telephones, keyboards, touch screens, bed linens, towels, bed scarves and other decorative items on beds in guest rooms to be cleaned every day that the room is in use unless the guest using the room declines in-room housekeeping.
(c) The following high-contact areas and items in locations used by the public and employees to be cleaned regularly throughout the day while in use:
(1) Fixtures with which guests and employees may be expected to have regular physical contact;
(2) Doors and door handles at exterior entrances;
(3) Door handles at interior entrances regularly accessed by guests and employees;
(4) Regularly used computer keyboards, touch screens, credit card readers, printers, telephones, light switches, ice machines, vending machines and other frequently used instruments and equipment; and
(5) Countertops and desks in entrance areas and other high-usage areas.
(d) Glass surfaces, desks, tabletops, door handles and light switches in public areas to be cleaned regularly throughout the day while in use.
(e) Counters, desks, touch screens, keyboards, credit card readers and desktops in front desk areas to be cleaned regularly throughout the day while in use.
(f) Key cards and other types of keys for accessing rooms to be cleaned before those key cards or other keys are issued to another guest or removed from circulation for at least 24 hours after a guest checks out.
(g) Elevator buttons and rails in guest and service elevators to be cleaned regularly throughout the day if the elevator is in use.
(h) Sinks, faucets, walls, toilets, toilet paper dispensers and door handles in employee and public restrooms to be cleaned regularly throughout the day while in use.
(i) Work surfaces, tables, utensils, counters, touch screens and keyboards in areas used for food preparation to be cleaned regularly throughout the day.
(j) Tables, desks, tabletops, door handles and light switches in shared offices, employee locker rooms and employee cafeterias to be cleaned regularly throughout the day while in use.
(k) Exercise equipment, weights, tables, countertops, chairs, lockers and benches in fitness centers to be cleaned regularly throughout the day while in use.
(l) Tabletops in meeting rooms to be cleaned while in use.
(m) Tables, bartops, menus and check presentation holders in bar and dining facilities to be cleaned after use by a guest.
κ2020 Statutes of Nevada, 32nd Special Session, Page 101 (CHAPTER 8, SB 4)κ
(n) Touch screens and keyboards in bar and dining facilities to be cleaned regularly while in use.
(o) Soiled laundry to be cleaned as necessary.
(p) Laundry carts and hampers to be cleaned regularly throughout the day while in use.
2. A public accommodation facility shall not advise or incentivize guests to decline daily in-room housekeeping.
3. An employer operating a public accommodation facility shall conspicuously post at each employee entrance and on each bulletin board where the facility regularly posts official communications with employees:
(a) A one-page summary of the standards adopted pursuant to subsection 1; and
(b) A list of key contact persons at public health agencies.
4. An employer operating a public accommodation facility shall make available to employees or their bargaining representative a physical or electronic copy of the standards adopted pursuant to subsection 1 upon request at no cost.
Sec. 12. The Director shall adopt regulations requiring each public accommodation facility to establish protocols to:
1. Limit the transmission of SARS-CoV-2. Such protocols, must include only the following:
(a) Methods to encourage, to the extent reasonably possible:
(1) Employees to remain at least 6 feet apart from other employees and guests during their work and while on break.
(2) Guests to remain at least 6 feet apart from employees and other guests.
(b) A requirement that employee breaks must be structured to allow social distancing to the maximum extent recommended by the Centers for Disease Control and Prevention of the United States Department of Health and Human Services.
(c) A requirement that workstations must be separated by physical barriers or structured to allow social distancing where practicable to the maximum extent recommended by the Centers for Disease Control and Prevention of the United States Department of Health and Human Services.
(d) Requirements concerning the frequency of hand cleaning for employees.
(e) A requirement that each employee be provided with access to a sink with soap and water for hand washing or hand sanitizer containing at least 60 percent alcohol within reasonable proximity to the work area of the employee.
(f) Policies providing for the availability of hand sanitizer containing at least 60 percent alcohol near locations where employee meetings are held, breakrooms and cafeterias for employees, front desks, bell desks, lobbies, entrances to food and beverage service and preparation areas, principal entrances to the facility and, in a resort hotel, on the casino floor, if:
(1) Those areas are not near hand washing facilities with soap and water; and
(2) A supply of hand sanitizer containing at least 60 percent alcohol is generally available.
κ2020 Statutes of Nevada, 32nd Special Session, Page 102 (CHAPTER 8, SB 4)κ
(g) Policies for the distribution, at no cost to the employee, of masks and, where appropriate, gloves, based on public health concerns.
2. Train staff concerning the prevention and mitigation of SARS-CoV-2 transmission in the manner prescribed by the Director.
Sec. 13. 1. The Director shall adopt regulations requiring each public accommodation facility to establish, implement and maintain a written SARS-CoV-2 response plan designed to monitor and respond to instances and potential instances of SARS-CoV-2 infection among employees and guests. The plan must include only the following:
(a) The designation of a person or persons responsible for overseeing and carrying out on-site enforcement of the plan. The regulations must not require such a person or persons to be on-site at all times.
(b) A requirement that each new employee and each employee returning to work for the first time after March 13, 2020, must undergo testing for SARS-CoV-2, if such testing is available.
(c) The designation of an area of the public accommodation facility where employees will check in every day to receive contact-free temperature measurement and review questions to screen for exposure to SARS-CoV-2.
(d) Requirements that:
(1) The public accommodation facility must notify each employee who is known to have had close contact with a guest or employee who has been diagnosed with COVID-19 not later than 24 hours or as soon as practicable after the employer learns of the diagnosis; and
(2) Each such employee must undergo testing for SARS-CoV-2 and, in addition to any other leave to which the employee is entitled, be given:
(I) Not more than 3 days of paid time off to await testing and testing results; and
(II) Additional paid time off if the public accommodation facility receives documentation of a delay in testing or receiving testing results that exceeds 3 days.
(e) A requirement that each employee who otherwise has a reasonable belief or has been advised that he or she has been in close contact with a person who has tested positive for SARS-CoV-2 must undergo testing for SARS-CoV-2.
(f) Requirements that each employee who notifies his or her employer that he or she is experiencing symptoms of COVID-19:
(1) Must undergo testing for SARS-CoV-2; and
(2) Must not return to work while awaiting the results of that testing.
(g) Requirements that each employee described in paragraph (e) or (f) must, in addition to any other leave to which the employee is entitled, be given for the first occurrence on which the employee gives the employer such notification:
(1) Not more than 3 days of paid time off to await testing and testing results; and
(2) Additional paid time off if the public accommodation facility receives documentation of a delay in testing or receiving testing results that exceeds 3 days.
(h) A requirement that, except as otherwise provided in subsection 3, each employee who tests positive for SARS-CoV-2 or is otherwise diagnosed with COVID-19 and is working or has been recalled to work at the time of the result or diagnosis must be allowed to take at least 14 days off, at least 10 of which must be paid time off.
κ2020 Statutes of Nevada, 32nd Special Session, Page 103 (CHAPTER 8, SB 4)κ
diagnosed with COVID-19 and is working or has been recalled to work at the time of the result or diagnosis must be allowed to take at least 14 days off, at least 10 of which must be paid time off.
(i) A requirement that testing for SARS-CoV-2 required by this section must be:
(1) Provided at no cost to the employee; and
(2) Performed on-site or at a testing facility selected by the public accommodation facility.
(j) A requirement that an employee that is required to be tested pursuant to this section authorize the provision of or provide the testing results to the public accommodation facility;
(k) A requirement that any guest who reports testing positive for SARS-CoV-2 or being diagnosed with COVID-19 must be requested to leave the public accommodation facility if practicable and seek medical attention.
(l) A requirement that information pertaining to employees and guests who test positive for SARS-CoV-2 or who are diagnosed with or report symptoms of COVID-19 must be kept confidential, unless the employee or guest agrees otherwise and except as required to be disclosed to public health officials and for purposes of contract tracing or cleaning.
2. The regulations adopted pursuant to this section must define the term close contact to have the meaning most recently ascribed to it by the Centers for Disease Control and Prevention of the United States Department of Health and Human Services for the purpose of determining when a person has been in close contact with another person who has tested positive for SARS-CoV-2.
3. An employer who operates a public accommodation facility may submit a request to the Director to increase or decrease the amount of days off required by paragraph (h) of subsection 1. The Director may grant such a request if it is consistent with the recommendations of the Centers for Disease Control and Prevention of the United States Department of Health and Human Services concerning time off for employees who test positive for SARS-CoV-2 or are otherwise diagnosed with COVID-19.
4. For the purposes of this section, paid time off must be calculated at the base rate of pay for the employee. Paid time off taken pursuant to this section:
(a) Must not be deducted from paid time off provided to the employee pursuant to NRS 608.0197 or a policy or contract of the public accommodation facility.
(b) May be deducted from paid sick leave provided pursuant to section 5102(a)(1)-(3) of the Families First Coronavirus Response Act, P.L. 116-127.
5. The health authority may require a public accommodation facility that is not under the jurisdiction of the Nevada Gaming Control Board to submit a written SARS-CoV-2 response plan to the health authority. Except as otherwise provided in this section and notwithstanding any other law, a written SARS-CoV-2 response plan submitted to the health authority is confidential. The health authority may disclose all or a part of such a plan upon:
(a) The request of an authorized agent of the Federal Government, a foreign government or a state or local governmental entity in this State or any of the several states, territories, possessions and dependencies of the United States, the District of Columbia or Puerto Rico.
κ2020 Statutes of Nevada, 32nd Special Session, Page 104 (CHAPTER 8, SB 4)κ
any of the several states, territories, possessions and dependencies of the United States, the District of Columbia or Puerto Rico.
(b) The order of a court of competent jurisdiction.
(c) Specific authorization of the chief administrative officer of the health district or, in a location that is not part of a health district, the Chief Medical Officer.
6. The Nevada Gaming Control Board may require a public accommodation facility that is under the jurisdiction of the Board to submit a written SARS-CoV-2 response plan to the Board, either alone or as part of an emergency response plan adopted pursuant to NRS 463.790.
7. The provisions of this section must not be construed to preclude an employee who is exposed to or tests positive for SARS-CoV-2 or is diagnosed with COVID-19 from choosing to perform his or her duties remotely instead of taking time off if the job duties of the employee are conducive to remote work.
Sec. 14. 1. The health authority may, upon receiving a complaint or at any time, inspect a public accommodation facility to ensure compliance with the provisions of sections 4 to 15, inclusive, of this act and the regulations adopted pursuant thereto. The health authority shall inspect for such compliance:
(a) Except as otherwise provided in paragraph (b), each public accommodation facility with more than 200 rooms available for sleeping accommodations at least once every 3 months.
(b) Each resort hotel at least once every 2 months.
2. Upon discovering a violation of the provisions of sections 4 to 15, inclusive, of this act or the regulations adopted pursuant thereto and after notice and the opportunity for a hearing, the health authority:
(a) Shall order the public accommodation facility to correct the violation.
(b) May impose an administrative fine of not more than $500 for each initial violation or $1,000 for each second or subsequent violation.
(c) If the violation occurs at a public accommodation facility that is not a resort hotel, may notify any local governmental entity responsible for licensing or regulating the public accommodation facility. Upon receiving such notification, the local governmental entity shall review the violation and may take further action, including, without limitation, suspending or revoking the license of the public accommodation facility, to enforce the provisions of sections 4 to 15, inclusive, of this act and the regulations adopted pursuant thereto. Such action must be taken in accordance with any procedures established by the local governmental entity for actions to enforce statutes or regulations or impose disciplinary action generally.
(d) If the violation occurs at a facility subject to the jurisdiction of the Nevada Gaming Control Board, shall notify the Board. Upon receiving such notification, the Board may take further action to enforce the provisions of sections 4 to 15, inclusive, of this act and the regulations adopted pursuant thereto. Such action must be taken in accordance with any procedures established by the Board for actions to enforce statutes or regulations or impose disciplinary action generally.
3. The Director shall adopt regulations prohibiting a public accommodation facility from discharging, reducing the compensation of, increasing the workload of, imposing fees or charges on, changing the duties of or otherwise taking adverse action against an employee in retaliation for participating in proceedings related to sections 4 to 15, inclusive, of this act, or seeking enforcement of those provisions.
κ2020 Statutes of Nevada, 32nd Special Session, Page 105 (CHAPTER 8, SB 4)κ
retaliation for participating in proceedings related to sections 4 to 15, inclusive, of this act, or seeking enforcement of those provisions.
4. As used in this section, resort hotel has the meaning ascribed to it in NRS 463.01865.
Sec. 15. 1. Within 15 days after the adoption, amendment or repeal of a regulation by the Director pursuant to sections 11 to 14, inclusive, of this act, a district board of health shall, as applicable, adopt a substantively identical regulation or amend or repeal its substantively identical regulation in a conforming manner.
2. The provisions of subsections 5 and 6 of NRS 439.366 or subsections 5 and 6 of NRS 439.410, as applicable, do not apply to the adoption, amendment or repeal of a regulation by a district board of health pursuant to subsection 1.
Sec. 16. NRS 447.003 is hereby amended to read as follows:
447.003 As used in [this chapter,] NRS 447.003 to 447.210, inclusive, unless the context otherwise requires, the words and terms defined in NRS 447.007 and 447.010 have the meanings ascribed to them in those sections.
Sec. 17. NRS 447.020 is hereby amended to read as follows:
447.020 1. All bedding, bedclothes or bed covering, including mattresses, quilts, blankets, sheets, pillows or comforters, used in any hotel in this state must be kept clean and free from all filth or dirt.
2. No bedding, bedclothes or bed covering, including mattresses, quilts, blankets, sheets, pillows or comforters, shall be used which is worn out or unsanitary for use by human beings according to the true intent and meaning of [this chapter.] NRS 447.003 to 447.210, inclusive.
Sec. 18. NRS 447.050 is hereby amended to read as follows:
447.050 It is unlawful for any person to use, or to permit another person to use, any of the following portions of a hotel for living or sleeping purposes:
1. Any kitchen, cellar, hallway, water closet, bath, shower compartment, or slop-sink room.
2. Any other room or place which does not comply with the provisions of [this chapter,] NRS 447.003 to 447.210, inclusive, or in which, in the judgment of the health authority, living or sleeping is dangerous or prejudicial to life or health by reason of an overcrowded condition, a want of light, windows, ventilation or drainage, dampness, or offensive or obnoxious odors or poisonous gases in the room or place, or a lack of exits as required by the Uniform Building Code in the form most recently adopted before January 1, 1985, by the International Conference of Building Officials.
Sec. 19. NRS 447.150 is hereby amended to read as follows:
447.150 1. The health authority may exempt any hotel built prior to October 1, 1945, from having the number of water closets, bathtubs or showers required by [this chapter] NRS 447.003 to 447.210, inclusive, for the following reason: The exemption will not result in detriment to the health of the occupants or to the sanitation of the building.
2. The health authority has no authority under this section to exempt any hotel or portion of a hotel built after October 1, 1945, from having the number of water closets, bathtubs or showers required by [this chapter.] NRS 447.003 to 447.210, inclusive.
Sec. 20. NRS 447.190 is hereby amended to read as follows:
447.190 The health authority is charged with the enforcement of [this chapter.] NRS 447.003 to 447.210, inclusive. The health authority shall keep a record of hotels inspected, and the record or any part thereof may, in the discretion of the health authority, be included in the biennial report to the Director of the Department of Health and Human Services.
κ2020 Statutes of Nevada, 32nd Special Session, Page 106 (CHAPTER 8, SB 4)κ
a record of hotels inspected, and the record or any part thereof may, in the discretion of the health authority, be included in the biennial report to the Director of the Department of Health and Human Services.
Sec. 21. NRS 447.200 is hereby amended to read as follows:
447.200 The health authority shall have access at any time to any hotel in this State for the purpose of making inspections and carrying out the provisions of [this chapter.] NRS 447.003 to 447.210, inclusive.
Sec. 22. NRS 447.210 is hereby amended to read as follows:
447.210 1. Every proprietor, owner, manager, lessee or other person in charge of any hotel in this state who fails to comply with the provisions of NRS 447.003 to 447.200, inclusive, or any of the provisions of the regulations hereby established whether through the acts of himself or herself, his or her agent or employees is guilty of a misdemeanor.
2. Every day that any hotel is in violation of any of the provisions of [this chapter] NRS 447.003 to 447.200, inclusive, constitutes a separate offense.
Sec. 23. Chapter 41 of NRS is hereby amended by adding thereto the provisions set forth as sections 24 to 29, inclusive, of this act.
Sec. 24. As used in sections 24 to 29, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 25 to 28, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 25. 1. Business means a natural person, or a corporation, partnership, association or other business organization, engaging in an activity for profit at a premises located in this State.
2. The term does not include a business that operates:
(a) An agency to provide nursing in the home as defined in NRS 449.0015;
(b) A facility for hospice care as defined in NRS 449.0033;
(c) A facility for intermediate care as defined in NRS 449.0038;
(d) A facility for skilled nursing as defined in NRS 449.0039;
(e) A hospital as defined in NRS 449.012; or
(f) An independent center for emergency medical care as defined in NRS 449.013.
Sec. 26. COVID-19 means:
1. The novel coronavirus identified as SARS-CoV-2;
2. Any mutation of the novel coronavirus identified as SARS-CoV-2; or
3. A disease or health condition caused by the novel coronavirus identified as SARS-CoV-2.
Sec. 27. 1. Governmental entity means the State of Nevada or any of its agencies or political subdivisions. As used in this subsection, political subdivision includes any organization or entity described in NRS 41.0305.
2. The term does not include any public school entity for pupils in preschool, kindergarten, or any grades 1 through 12, including, without limitation, a school district, a charter school or a university school for profoundly gifted pupils.
Sec. 28. 1. Nonprofit organization means any private organization not operated for profit.
2. The term, includes, without limitation, an organization for youth sports or an alumni, charitable, civic, educational, fraternal, patriotic, religious, labor or veterans organization, a credit union organized under the provisions of chapter 672 of NRS or the Federal Credit Union Act, or a state or local bar association, that:
κ2020 Statutes of Nevada, 32nd Special Session, Page 107 (CHAPTER 8, SB 4)κ
religious, labor or veterans organization, a credit union organized under the provisions of chapter 672 of NRS or the Federal Credit Union Act, or a state or local bar association, that:
(a) Has been determined pursuant to NRS 372.326 to be created for religious, charitable or educational purposes; or
(b) Qualifies as a tax exempt organization pursuant to 26 U.S.C. § 501(c).
3. The term does not include a nonprofit organization that operates:
(a) An agency to provide nursing in the home as defined in NRS 449.0015;
(b) A facility for hospice care as defined in NRS 449.0033;
(c) A facility for intermediate care as defined in NRS 449.0038;
(d) A facility for skilled nursing as defined in NRS 449.0039;
(e) A hospital as defined in NRS 449.012; or
(f) An independent center for emergency medical care as defined in NRS 449.013.
Sec. 29. 1. In any civil action where a plaintiff alleges a personal injury or death as a result of exposure to COVID-19 while on a premises owned or operated by an entity, or during an activity conducted or managed by the entity:
(a) The complaint must be pled with particularity.
(b) If the entity was in substantial compliance with controlling health standards, the entity is immune from liability unless the plaintiff pleads sufficient facts and proves that:
(1) The entity violated controlling health standards with gross negligence; and
(2) The gross negligence was the proximate cause of the plaintiffs personal injury or death.
(c) If the entity was not in substantial compliance with controlling health standards:
(1) The plaintiff may pursue any claim recognized at common law or by statute; and
(2) The immunity described in paragraph (b) does not apply to the entity.
2. The court shall determine as a matter of law whether an entity was in substantial compliance with controlling health standards at the time of an alleged exposure to COVID-19. The plaintiff has the burden of establishing the entity was not in substantial compliance with controlling health standards.
3. As used in this section:
(a) Controlling health standards means any of the following that are clearly and conspicuously related to COVID-19 and that prescribed the manner in which an entity must operate at the time of the alleged exposure:
(1) A federal, state or local law, regulation or ordinance; or
(2) A written order or other document published by a federal, state or local government or regulatory body.
(b) Entity means a business, governmental entity or nonprofit organization and the officers and employees of the business, governmental entity or nonprofit organization.
(c) Premises means any real property located in this State.
κ2020 Statutes of Nevada, 32nd Special Session, Page 108 (CHAPTER 8, SB 4)κ
(d) Substantial compliance means the good faith efforts of an entity to help control the spread of COVID-19 in conformity with controlling health standards. The entity may demonstrate substantial compliance by establishing policies and procedures to enforce and implement the controlling health standards in a reasonable manner. Isolated or unforeseen events of noncompliance with the controlling health standards do not demonstrate noncompliance by the entity.
Sec. 30. Chapter 76 of NRS is hereby amended by adding thereto a new section to read as follows:
1. In addition to the grounds for suspension or revocation of a state business license set forth in NRS 76.170, if a person who holds a state business license fails to comply with controlling health standards, the Secretary of State may suspend the state business license of the person until the person complies, in good faith, with controlling health standards.
2. If the license is suspended, the Secretary of State shall provide written notice of the action to the person who holds the state business license.
3. As used in this section:
(a) Controlling health standards means any of the following that are clearly and conspicuously related to COVID-19 and that prescribed the manner in which a business must operate at the time the person allegedly failed to comply:
(1) A federal, state or local law, regulation or ordinance; or
(2) A written order or other document published by a federal, state or local government or regulatory body.
(b) COVID-19 means:
(1) The novel coronavirus identified as SARS-CoV-2;
(2) Any mutation of the novel coronavirus identified as SARS-CoV-2; or
(3) A disease or health condition caused by the novel coronavirus identified as SARS-CoV-2.
Sec. 31. NRS 233B.039 is hereby amended to read as follows:
233B.039 1. The following agencies are entirely exempted from the requirements of this chapter:
(a) The Governor.
(b) Except as otherwise provided in NRS 209.221, the Department of Corrections.
(c) The Nevada System of Higher Education.
(d) The Office of the Military.
(e) The Nevada Gaming Control Board.
(f) Except as otherwise provided in NRS 368A.140 and 463.765, the Nevada Gaming Commission.
(g) Except as otherwise provided in NRS 425.620, the Division of Welfare and Supportive Services of the Department of Health and Human Services.
(h) Except as otherwise provided in NRS 422.390, the Division of Health Care Financing and Policy of the Department of Health and Human Services.
(i) Except as otherwise provided in NRS 533.365, the Office of the State Engineer.
(j) The Division of Industrial Relations of the Department of Business and Industry acting to enforce the provisions of NRS 618.375.
κ2020 Statutes of Nevada, 32nd Special Session, Page 109 (CHAPTER 8, SB 4)κ
(k) The Administrator of the Division of Industrial Relations of the Department of Business and Industry in establishing and adjusting the schedule of fees and charges for accident benefits pursuant to subsection 2 of NRS 616C.260.
(l) The Board to Review Claims in adopting resolutions to carry out its duties pursuant to NRS 445C.310.
(m) The Silver State Health Insurance Exchange.
(n) The Cannabis Compliance Board.
2. Except as otherwise provided in subsection 5 and NRS 391.323, the Department of Education, the Board of the Public Employees Benefits Program and the Commission on Professional Standards in Education are subject to the provisions of this chapter for the purpose of adopting regulations but not with respect to any contested case.
3. The special provisions of:
(a) Chapter 612 of NRS for the distribution of regulations by and the judicial review of decisions of the Employment Security Division of the Department of Employment, Training and Rehabilitation;
(b) Chapters 616A to 617, inclusive, of NRS for the determination of contested claims;
(c) Chapter 91 of NRS for the judicial review of decisions of the Administrator of the Securities Division of the Office of the Secretary of State; and
(d) NRS 90.800 for the use of summary orders in contested cases,
Κ prevail over the general provisions of this chapter.
4. The provisions of NRS 233B.122, 233B.124, 233B.125 and 233B.126 do not apply to the Department of Health and Human Services in the adjudication of contested cases involving the issuance of letters of approval for health facilities and agencies.
5. The provisions of this chapter do not apply to:
(a) Any order for immediate action, including, but not limited to, quarantine and the treatment or cleansing of infected or infested animals, objects or premises, made under the authority of the State Board of Agriculture, the State Board of Health, or any other agency of this State in the discharge of a responsibility for the preservation of human or animal health or for insect or pest control;
(b) An extraordinary regulation of the State Board of Pharmacy adopted pursuant to NRS 453.2184;
(c) A regulation adopted by the State Board of Education pursuant to NRS 388.255 or 394.1694;
(d) The judicial review of decisions of the Public Utilities Commission of Nevada;
(e) The adoption, amendment or repeal of policies by the Rehabilitation Division of the Department of Employment, Training and Rehabilitation pursuant to NRS 426.561 or 615.178;
(f) The adoption or amendment of a rule or regulation to be included in the State Plan for Services for Victims of Crime by the Department of Health and Human Services pursuant to NRS 217.130; [or]
(g) The adoption, amendment or repeal of rules governing the conduct of contests and exhibitions of unarmed combat by the Nevada Athletic Commission pursuant to NRS 467.075 [.] ; or
(h) The adoption, amendment or repeal of regulations by the Director of the Department of Health and Human Services pursuant to sections 11 to 14, inclusive, of this act.
κ2020 Statutes of Nevada, 32nd Special Session, Page 110 (CHAPTER 8, SB 4)κ
6. The State Board of Parole Commissioners is subject to the provisions of this chapter for the purpose of adopting regulations but not with respect to any contested case.
Sec. 32. NRS 239.010 is hereby amended to read as follows:
239.010 1. Except as otherwise provided in this section and NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.071, 49.095, 49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119A.677, 119B.370, 119B.382, 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312, 130.712, 136.050, 159.044, 159A.044, 172.075, 172.245, 176.01249, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 179.495, 179A.070, 179A.165, 179D.160, 200.3771, 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3923, 209.3925, 209.419, 209.429, 209.521, 211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 226.300, 228.270, 228.450, 228.495, 228.570, 231.069, 231.1473, 233.190, 237.300, 239.0105, 239.0113, 239.014, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 239C.420, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 244.335, 247.540, 247.550, 247.560, 250.087, 250.130, 250.140, 250.150, 268.095, 268.0978, 268.490, 268.910, 269.174, 271A.105, 281.195, 281.805, 281A.350, 281A.680, 281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 286.110, 286.118, 287.0438, 289.025, 289.080, 289.387, 289.830, 293.4855, 293.5002, 293.503, 293.504, 293.558, 293.5757, 293.870, 293.906, 293.908, 293.910, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1593, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.049, 353A.085, 353A.100, 353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.2242, 361.610, 365.138, 366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300, 379.0075, 379.008, 379.1495, 385A.830, 385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 388A.247, 388A.249, 391.033, 391.035, 391.0365, 391.120, 391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 392.325, 392.327, 392.335, 392.850, 393.045, 394.167, 394.16975, 394.1698, 394.447, 394.460, 394.465, 396.3295, 396.405, 396.525, 396.535, 396.9685, 398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 414.280, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 425.400, 427A.1236, 427A.872, 432.028, 432.205, 432B.175, 432B.280, 432B.290, 432B.407, 432B.430, 432B.560, 432B.5902, 432C.140, 432C.150, 433.534, 433A.360, 437.145, 437.207, 439.4941, 439.840, 439.914, 439B.420, 439B.754, 439B.760, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 442.774, 445A.665, 445B.570, 445B.7773, 449.209, 449.245, 449.4315, 449A.112, 450.140, 450B.188, 453.164, 453.720, 453A.610, 453A.700, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 480.535, 480.545, 480.935, 480.940, 481.063, 481.091, 481.093, 482.170, 482.5536, 483.340, 483.363, 483.575, 483.659, 483.800, 484A.469, 484E.070, 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285, 571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 599B.090, 603.070, 603A.210, 604A.303, 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.238, 622.310, 623.131, 623A.137, 624.110, 624.265, 624.
κ2020 Statutes of Nevada, 32nd Special Session, Page 111 (CHAPTER 8, SB 4)κ
599B.090, 603.070, 603A.210, 604A.303, 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.238, 622.310, 623.131, 623A.137, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 628B.760, 629.047, 629.069, 630.133, 630.2673, 630.30665, 630.336, 630A.555, 631.368, 632.121, 632.125, 632.3415, 632.405, 633.283, 633.301, 633.4715, 633.524, 634.055, 634.214, 634A.185, 635.158, 636.107, 637.085, 637B.288, 638.087, 638.089, 639.2485, 639.570, 640.075, 640A.220, 640B.730, 640C.580, 640C.600, 640C.620, 640C.745, 640C.760, 640D.190, 640E.340, 641.090, 641.221, 641.325, 641A.191, 641A.262, 641A.289, 641B.170, 641B.282, 641B.460, 641C.760, 641C.800, 642.524, 643.189, 644A.870, 645.180, 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.228, 653.900, 654.110, 656.105, 657A.510, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, 671.170, 673.450, 673.480, 675.380, 676A.340, 676A.370, 677.243, 678A.470, 678C.710, 678C.800, 679B.122, 679B.124, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.110, 687A.115, 687C.010, 688C.230, 688C.480, 688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, 692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 696C.120, 703.196, 704B.325, 706.1725, 706A.230, 710.159, 711.600, and section 13 of this act, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records. Any such copies, abstracts or memoranda may be used to supply the general public with copies, abstracts or memoranda of the records or may be used in any other way to the advantage of the governmental entity or of the general public. This section does not supersede or in any manner affect the federal laws governing copyrights or enlarge, diminish or affect in any other manner the rights of a person in any written book or record which is copyrighted pursuant to federal law.
2. A governmental entity may not reject a book or record which is copyrighted solely because it is copyrighted.
3. A governmental entity that has legal custody or control of a public book or record shall not deny a request made pursuant to subsection 1 to inspect or copy or receive a copy of a public book or record on the basis that the requested public book or record contains information that is confidential if the governmental entity can redact, delete, conceal or separate, including, without limitation, electronically, the confidential information from the information included in the public book or record that is not otherwise confidential.
4. If requested, a governmental entity shall provide a copy of a public record in an electronic format by means of an electronic medium. Nothing in this subsection requires a governmental entity to provide a copy of a public record in an electronic format or by means of an electronic medium if:
(a) The public record:
(1) Was not created or prepared in an electronic format; and
(2) Is not available in an electronic format; or
κ2020 Statutes of Nevada, 32nd Special Session, Page 112 (CHAPTER 8, SB 4)κ
(b) Providing the public record in an electronic format or by means of an electronic medium would:
(1) Give access to proprietary software; or
(2) Require the production of information that is confidential and that cannot be redacted, deleted, concealed or separated from information that is not otherwise confidential.
5. An officer, employee or agent of a governmental entity who has legal custody or control of a public record:
(a) Shall not refuse to provide a copy of that public record in the medium that is requested because the officer, employee or agent has already prepared or would prefer to provide the copy in a different medium.
(b) Except as otherwise provided in NRS 239.030, shall, upon request, prepare the copy of the public record and shall not require the person who has requested the copy to prepare the copy himself or herself.
Sec. 33. NRS 463.120 is hereby amended to read as follows:
463.120 1. The Board and the Commission shall cause to be made and kept a record of all proceedings at regular and special meetings of the Board and the Commission. These records are open to public inspection.
2. The Board shall maintain a file of all applications for licenses under this chapter and chapter 466 of NRS, together with a record of all action taken with respect to those applications. The file and record are open to public inspection.
3. The Board and the Commission may maintain such other files and records as they may deem desirable.
4. Except as otherwise provided in this section, all information and data:
(a) Required by the Board or Commission to be furnished to it under chapters 462 to 466, inclusive, of NRS or any regulations adopted pursuant thereto or which may be otherwise obtained relative to the finances, earnings or revenue of any applicant or licensee;
(b) Pertaining to an applicants or natural persons criminal record, antecedents and background which have been furnished to or obtained by the Board or Commission from any source;
(c) Provided to the members, agents or employees of the Board or Commission by a governmental agency or an informer or on the assurance that the information will be held in confidence and treated as confidential;
(d) Obtained by the Board from a manufacturer, distributor or operator, or from an operator of an inter-casino linked system, relating to the manufacturing of gaming devices or the operation of an inter-casino linked system; [or]
(e) Obtained by the Board from a public accommodation facility pursuant to section 13 of this act; or
(f) Prepared or obtained by an agent or employee of the Board or Commission pursuant to an audit, investigation, determination or hearing,
Κ are confidential and may be revealed in whole or in part only in the course of the necessary administration of this chapter or upon the lawful order of a court of competent jurisdiction. The Board and Commission may reveal such information and data to an authorized agent of any agency of the United States Government, any state or any political subdivision of a state or the government of any foreign country. Notwithstanding any other provision of state law, such information may not be otherwise revealed without specific authorization by the Board or Commission.
κ2020 Statutes of Nevada, 32nd Special Session, Page 113 (CHAPTER 8, SB 4)κ
5. Notwithstanding any other provision of state law, any and all information and data prepared or obtained by an agent or employee of the Board or Commission relating to an application for a license, a finding of suitability or any approval that is required pursuant to the provisions of chapters 462 to 466, inclusive, of NRS or any regulations adopted pursuant thereto, are confidential and absolutely privileged and may be revealed in whole or in part only in the course of the necessary administration of such provisions and with specific authorization and waiver of the privilege by the Board or Commission. The Board and Commission may reveal such information and data to an authorized agent of any agency of the United States Government, any state or any political subdivision of a state or the government of any foreign country.
6. Notwithstanding any other provision of state law, if any applicant or licensee provides or communicates any information and data to an agent or employee of the Board or Commission in connection with its regulatory, investigative or enforcement authority:
(a) All such information and data are confidential and privileged and the confidentiality and privilege are not waived if the information and data are shared or have been shared with an authorized agent of any agency of the United States Government, any state or any political subdivision of a state or the government of any foreign country in connection with its regulatory, investigative or enforcement authority, regardless of whether such information and data are shared or have been shared either before or after being provided or communicated to an agent or employee of the Board or Commission; and
(b) The applicant or licensee has a privilege to refuse to disclose, and to prevent any other person or governmental agent, employee or agency from disclosing, the privileged information and data.
7. Before the beginning of each legislative session, the Board shall submit to the Legislative Commission for its review and for the use of the Legislature a report on the gross revenue, net revenue and average depreciation of all licensees, categorized by class of licensee and geographical area and the assessed valuation of the property of all licensees, by category, as listed on the assessment rolls.
8. Notice of the content of any information or data furnished or released pursuant to subsection 4 may be given to any applicant or licensee in a manner prescribed by regulations adopted by the Commission.
9. The files, records and reports of the Board are open at all times to inspection by the Commission and its authorized agents.
10. All files, records, reports and other information pertaining to gaming matters in the possession of the Nevada Tax Commission must be made available to the Board and the Nevada Gaming Commission as is necessary to the administration of this chapter.
11. For the purposes of this section, information and data means all information and data in any form, including, without limitation, any oral, written, audio, visual, digital or electronic form, and the term includes, without limitation, any account, book, correspondence, file, message, paper, record, report or other type of document, including, without limitation, any document containing self-evaluative assessments, self-critical analysis or self-appraisals of an applicants or licensees compliance with statutory or regulatory requirements.
κ2020 Statutes of Nevada, 32nd Special Session, Page 114 (CHAPTER 8, SB 4)κ
Sec. 33.5. There is hereby appropriated from the State General Fund to the Legislative Fund created by NRS 218A.150 the sum of $410,000 for the costs of the 32nd Special Session.
Sec. 34. The provisions of sections 24 to 29, inclusive, of this act apply only to a cause of action or claim arising from a personal injury or death specified in section 29 of this act that accrues before, on or after the effective date of this act and before the later of:
1. The date on which the Governor terminates the emergency described in the Declaration of Emergency for COVID-19 issued on March 12, 2020; or
2. July 1, 2023.
Sec. 35. 1. Within 15 days after the effective date of this act, the Chief of the Budget Division of the Office of Finance created by NRS 223.400 shall transfer from Budget Account 101-1327:
(a) The sum of $2,000,000 to the Southern Nevada Health District created pursuant to NRS 439.362 to enforce the provisions of sections 4 to 15, inclusive, of this act and the regulations adopted thereto.
(b) The sum of $500,000 to the Washoe County Health District created pursuant to NRS 439.370 to enforce the provisions of sections 4 to 15, inclusive, of this act and the regulations adopted thereto.
2. All money transferred pursuant to subsection 1 must be expended by the recipient health district on or before December 30, 2020. Any remaining balance of the money must not be committed for expenditure on or after December 30, 2020, by the recipient health district or any entity to which the money is granted or otherwise transferred in any manner, and any portion of the money remaining must not be spent for any purpose after December 30, 2020, by either the recipient health district or the entity to which the money was subsequently granted or transferred, and must be reverted to Budget Account 101-1327 on or before December 30, 2020.
Sec. 36. 1. The Director of the Department of Health and Human Services shall adopt the initial regulations required by sections 11 to 14, inclusive, of this act not later than 20 days after the effective date of this act.
2. Notwithstanding the 15-day requirement set forth in section 15 of this act, a district board of health of a health district, as required by section 15 of this act, shall adopt regulations that are substantively identical to the regulations adopted by the Director pursuant to subsection 1 within 30 days after the effective date of this act or within 10 days after the adoption of the regulations by the Director pursuant to subsection 1, whichever is earlier.
Sec. 37. The provisions of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 38. Notwithstanding the provisions of NRS 218D.430 and 218D.435, a committee may vote on this act before the expiration of the period prescribed for the return of a fiscal note in NRS 218D.475. This section applies retroactively from and after August 1, 2020.
Sec. 39. 1. This act becomes effective upon passage and approval.
2. Section 30 of this act expires by limitation on the later of:
(a) The date on which the Governor terminates the emergency described in the Declaration of Emergency for COVID-19 issued on March 12, 2020; or
(b) July 1, 2023.
________