[Rev. 12/20/2019 5:01:15 PM]
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Assembly Bill No. 440Committee on Judiciary
CHAPTER 364
[Approved: June 3, 2019]
AN ACT relating to construction; requiring a licensee who builds a new, single-family residence to provide to the purchaser of the residence a disclosure containing certain information and a builders warranty that meets certain criteria; revising provisions relating to the acts or omissions that constitute cause for disciplinary action by the State Contractors Board; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides that certain acts or omissions constitute cause for disciplinary action by the State Contractors Board. (NRS 624.301, 624.3016) Section 1 of this bill requires a licensee who builds a new, single-family residence to provide to the purchaser of the new residence a disclosure containing certain information and a builders warranty that meets certain criteria. Section 1.7 of this bill provides that the failure of a licensee to provide a builders warranty as required by section 1, to respond reasonably to a claim made under the builders warranty or to comply with the requirement to notify an owner about the Residential Construction Recovery Fund constitutes cause for disciplinary action by the Board. Section 1.3 of this bill revises the elements of certain acts that constitute cause for such disciplinary action by the Board.
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 624 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A licensee who completes construction of a new, single-family residence shall provide to the purchaser of the residence:
(a) A separate, single-page disclosure describing the rights of the purchaser under this chapter, including, without limitation, the right to file a complaint pursuant to NRS 624.480 seeking recovery from the account established pursuant to NRS 624.470; and
(b) A builders warranty that meets the requirements of this section.
2. A builders warranty provided by a licensee pursuant to this section must:
(a) Be in writing.
(b) Be valid for a period of at least 1 year from the date of completion of a written punch list. As used in this paragraph, punch list means a list of any materials or work describing incomplete or incorrect installations or incidental damage to existing finishes, material and structures that do not conform to the specifications of the contract or the requirements of subsection 1 of NRS 624.3017.
(c) Contain terms that include, without limitation, warrantying all home systems, workmanship, materials, plumbing, electrical and mechanical systems, appliances installed by contractors, fixtures, equipment and structural components, unless a separate warranty is provided by the manufacturer or installer of such a product, component or system.
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equipment and structural components, unless a separate warranty is provided by the manufacturer or installer of such a product, component or system.
(d) Be transferable to a subsequent purchaser of the residence.
(e) Not be deemed, construed or interpreted to constitute a waiver or release of any other warranty from the licensee provided by contract or otherwise available under the laws of this State.
Sec. 1.3. NRS 624.301 is hereby amended to read as follows:
624.301 The following acts, among others, constitute cause for disciplinary action under NRS 624.300:
1. Abandonment without legal excuse of any construction project or operation . [engaged in or undertaken by the licensee as a contractor.]
2. Abandonment of a construction project when the percentage of the project completed is less than the percentage of the total price of the contract paid to the contractor at the time of abandonment, unless the contractor is entitled to retain the amount paid pursuant to the terms of the contract or the contractor refunds the excessive amount paid within 30 days after the abandonment of the project.
3. Failure in a material respect [on the part of a licensee] to complete any construction project or operation for the price stated in the contract for the project or operation or any modification of the contract.
4. [Willful failure] Failure or refusal without legal excuse [on the part of a licensee as a contractor] to prosecute a construction project or operation with reasonable diligence . [, thereby causing material injury to another.]
5. [Willful failure] Failure or refusal without legal excuse on the part of a licensee to comply with the terms of a construction contract or written warranty . [, thereby causing material injury to another.]
Sec. 1.7. NRS 624.3016 is hereby amended to read as follows:
624.3016 The following acts or omissions, among others, constitute cause for disciplinary action under NRS 624.300:
1. Any fraudulent or deceitful act committed in the capacity of a contractor, including, without limitation, misrepresentation or the omission of a material fact.
2. A conviction of a violation of NRS 624.730, or a conviction in this State or any other jurisdiction of a felony relating to the practice of a contractor or a crime involving moral turpitude.
3. Knowingly making a false statement in or relating to the recording of a notice of lien pursuant to the provisions of NRS 108.226.
4. Failure to give a notice required by NRS 108.227, 108.245 , [or] 108.246 [.] or 624.520.
5. Failure to comply with NRS 624.920, 624.930, 624.935 or 624.940 or any regulations of the Board governing contracts for work concerning residential pools and spas.
6. Failure to comply with NRS 624.600.
7. Misrepresentation or the omission of a material fact, or the commission of any other fraudulent or deceitful act, to obtain a license.
8. Failure to pay an assessment required pursuant to NRS 624.470.
9. Failure to file a certified payroll report that is required for a contract for a public work.
10. Knowingly submitting false information in an application for qualification or a certified payroll report that is required for a contract for a public work.
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11. Failure to notify the Board of a conviction or entry of a plea of guilty, guilty but mentally ill or nolo contendere pursuant to NRS 624.266.
12. Failure to provide a builders warranty as required by section 1 of this act or to respond reasonably to a claim made under a builders warranty.
Secs. 2-4. (Deleted by amendment.)
________
Assembly Bill No. 457Committee on Commerce and Labor
CHAPTER 365
[Approved: June 3, 2019]
AN ACT relating to chiropractic; providing for the performance of dry needling by a chiropractor; revising provisions relating to membership of the Chiropractic Physicians Board of Nevada; revising provisions governing the application for a license to practice chiropractic; revising the time period in which a qualified applicant for a license to practice chiropractic may practice while waiting to take the Boards examination; revising provisions relating to temporary licenses to practice chiropractic; authorizing the Board to adopt certain regulations concerning the renewal of certain licenses and certificates; revising provisions relating to reinstating a license to practice chiropractic; revising provisions governing disciplinary action by the Board; repealing the definition of gross malpractice; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law creates the Chiropractic Physicians Board of Nevada, consisting of seven members, and prohibits three or more persons who are resident graduates of the same school or college of chiropractic from serving on the Board at the same time. (NRS 634.020) Section 1.5 of this bill removes this prohibition.
Existing law requires an applicant for a license to practice chiropractic, not less than 60 days before the date of the licensing examination, to: (1) file an application for examination with the Secretary of the Board; (2) submit certain evidence relating to his or her qualifications for licensure; and (3) pay the examination application fee. (NRS 634.080, 634.090, 634.100) Sections 2-4 of this bill eliminate the requirement for such actions to be completed 60 days in advance.
Section 2 of this bill additionally authorizes an applicant to take the licensing examination any time after the Executive Director of the Board determines that his or her application is complete. Section 3 of this bill additionally requires an applicant to submit evidence that the applicant has successfully: (1) completed certain parts of the examination administered by the National Board of Chiropractic Examiners; or (2) completed certain exit examinations from certain colleges of chiropractic.
Existing law authorizes an applicant for a license to practice chiropractic who has certain qualifications to perform chiropractic under the direct supervision of a chiropractor while the applicant is waiting to take the Boards examination. Existing law prohibits an applicant from practicing in such a manner for longer than 2 years. (NRS 634.105) Section 5 of this bill prohibits an applicant from practicing in such a manner for longer than 90 days.
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Existing law requires an applicant for a temporary license to practice chiropractic to file an application for a temporary license with the Secretary of the Board. (NRS 634.115) Section 5.5 of this bill requires an applicant to file such an application with the Executive Director of the Board.
Existing law requires a license to practice chiropractic or a certificate as a chiropractors assistant to be renewed biennially. Existing law requires a chiropractor and a chiropractors assistant to submit satisfactory proof to the Board that he or she attended a certain number of hours of continuing education. (NRS 634.130) Section 6 of this bill authorizes the Board to adopt regulations that provide for random audits of chiropractors and chiropractors assistants to ensure compliance with these continuing education requirements. Existing law authorizes the Board to waive the renewal fee for a chiropractor or a chiropractors assistant if the chiropractor or chiropractors assistant was in active military service at the time the renewal fee was due. (NRS 634.130) Section 6 authorizes the Board to adopt regulations that provide for the prorating or waiving of a renewal fee if such prorating or waiving is based on the date on which: (1) the license to practice chiropractic or certificate to practice as a chiropractors assistant was issued by the Board; and (2) such a license or certificate must be renewed.
Existing law authorizes a person who held a license that has expired to apply to the Board to have the license reinstated to active status. Existing law requires such an applicant for reinstatement of his or her license to score 75 percent or higher on an examination prescribed by the Board on the provisions relating to the practice of chiropractic. (NRS 634.131) Section 7 requires such an applicant to score: (1) for certain written, closed-book examinations, 75 percent or higher; or (2) for certain written, open-book examinations or online examinations, 90 percent or higher.
Existing law prescribes the grounds for initiating disciplinary action, including conviction of a felony relating to the practice of chiropractic. (NRS 634.140) Section 8 of this bill revises the grounds by including conviction for any crime and adding incompetence or negligence in the practice of chiropractic as a ground for disciplinary action.
Existing law provides that a person charged with a ground for disciplinary action is entitled to a hearing before the Board. Existing law further provides that if the Board finds the person guilty as charged in a complaint, the Board may order specified disciplinary actions. (NRS 634.190) Section 9 of this bill revises provisions governing the Boards finding to whether the person committed one or more of the charges made in the complaint. Section 9 also provides that the Boards order of disciplinary action may contain such terms, provisions or conditions as the Board deems proper to remedy or address the facts and circumstances of the case.
Existing law provides immunity from civil action for the Board or any person or other organization which initiates or assists in any lawful investigation or proceeding concerning the discipline of a chiropractor for gross malpractice, repeated malpractice or unprofessional conduct. (NRS 634.216) Section 10 of this bill extends this immunity from civil action to the initiation or assistance in any lawful investigation or disciplinary proceeding rather than only to investigations or disciplinary proceedings related to gross malpractice, repeated malpractice or unprofessional conduct. Section 10 further amends this provision to remove: (1) gross malpractice, the definition of which is repealed by section 11 of this bill; and (2) repeated malpractice, which is no longer specified as an independent ground for disciplinary action.
Existing law prohibits a chiropractor from piercing or severing any body tissue, except to draw blood for diagnostic purposes. (NRS 634.225) Section 10.5 of this bill adds an exception to this prohibition for the performance of dry needling by a chiropractor who is authorized to do so by regulations adopted by the Board. Section 1 of this bill requires the Board to adopt regulations regarding the qualifications a chiropractor must obtain before he or she is authorized to perform dry needling, which qualifications must include the successful completion of didactic education and training in dry needling.
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Section 10.5 also prohibits a chiropractor from offering to engage in, advertising, soliciting or otherwise claiming to be able to perform acupuncture unless he or she is licensed to practice Oriental medicine. However, under section 10.5, a chiropractor who is qualified to perform dry needling pursuant to the regulations adopted by the Board is authorized to offer to engage in, advertise, solicit or otherwise claim to be able to perform dry needling.
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 634 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The Board shall adopt regulations establishing the qualifications a chiropractor must obtain before he or she is authorized to perform dry needling. The qualifications adopted by regulation pursuant to this section must include, without limitation, the successful completion of didactic education and training in dry needling.
2. As used in this section, dry needling:
(a) Means an advanced needling skill or technique limited to the treatment of myofascial pain, using a single-use, single-insertion, sterile needle, without the use of heat, cold or any other added modality or medication, which is inserted into the skin or underlying tissue to stimulate a trigger point.
(b) Does not include:
(1) The stimulation of an auricular point;
(2) Utilization of a distal point or nonlocal point;
(3) Needle retention;
(4) Application of a retained electrical stimulation lead; or
(5) The teaching or application of other acupuncture theory.
Sec. 1.5. NRS 634.020 is hereby amended to read as follows:
634.020 1. The Chiropractic Physicians Board of Nevada, consisting of seven members appointed by the Governor, is hereby created.
2. The Governor shall appoint:
(a) Four members who are:
(1) Graduates of chiropractic schools or colleges giving a course of study embracing the following subjects: Anatomy, bacteriology, chiropractic theory and practice, diagnosis or analysis, elementary chemistry and toxicology, histology, hygiene and sanitation, obstetrics and gynecology, pathology, physiology and symptomatology;
(2) Licensed under this chapter; and
(3) Actually engaged in the practice of chiropractic in this State and who have been so engaged in this State for at least 3 years preceding their appointment.
(b) One member who represents the interests of persons or agencies that regularly provide health care to patients who are indigent, uninsured or unable to afford health care. This member may be licensed under the provisions of this chapter.
(c) Two members who are representatives of the general public. A member appointed pursuant to this paragraph must not be:
(1) A chiropractor or a chiropractors assistant; or
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(2) The spouse or the parent or child, by blood, marriage or adoption, of a chiropractor or a chiropractors assistant.
3. At least two of the appointees must have had a course in physiotherapy in a school or college of chiropractic. [Not more than two persons who are resident graduates of the same school or college of chiropractic may serve simultaneously as members of the Board.]
Sec. 2. NRS 634.080 is hereby amended to read as follows:
634.080 1. An applicant for examination must file an application [not less than 60 days before the date of the examination.
2. An application must be filed] with the Secretary of the Board on a form to be furnished by the [Secretary.] Executive Director of the Board. An applicant may take the examination any time after the Executive Director determines that his or her application is complete.
[3.] 2. An application must be verified and must state:
(a) When and where the applicant was born, the various places of the applicants residence during the 5 years immediately preceding the making of the application and the address to which he or she wishes the Board to mail the license.
(b) The name, age and sex of the applicant.
(c) The names and post office addresses of all persons by whom the applicant has been employed for a period of 5 years immediately preceding the making of the application.
(d) Whether or not the applicant has ever applied for a license to practice chiropractic in any other state and, if so, when and where and the results of the application.
(e) Whether the applicant is a citizen of the United States or lawfully entitled to remain and work in the United States.
(f) Whether or not the applicant has ever been admitted to the practice of chiropractic in any other state and, if so, whether any discharge, dismissal, disciplinary or other similar proceedings have ever been instituted against the applicant. Such an applicant must also attach a certificate from the chiropractic board of each state in which the applicant was licensed, certifying that the applicant is a member in good standing of the chiropractic profession in that state, and that no proceedings affecting the applicants standing as a chiropractor are undisposed of and pending.
(g) The applicants general and chiropractic education, including the schools attended and the time of attendance at each school, and whether the applicant is a graduate of any school or schools.
(h) The names of:
(1) Two persons who have known the applicant for at least 3 years; and
(2) A person who is a chiropractor licensed pursuant to the provisions of this chapter or a professor at a school of chiropractic.
(i) All other information required to complete the application.
[4.] 3. An application must include a copy of the applicants official transcript from the school or college of chiropractic from which the applicant received his or her degree of doctor of chiropractic, which must be transmitted by the school or college of chiropractic directly to the Board.
Sec. 3. NRS 634.090 is hereby amended to read as follows:
634.090 1. An applicant must, in addition to the requirements of NRS 634.070 and 634.080, furnish satisfactory evidence to the Board:
(a) That the applicant is of good moral character;
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(b) Except as otherwise provided in subsections 2 and 5, [not less than 60 days before the date of the examination,] that the applicant has a high school education and is a graduate from a college of chiropractic which is accredited by the Council on Chiropractic Education or which has a reciprocal agreement with the Council on Chiropractic Education or any governmental accrediting agency, whose minimum course of study leading to the degree of doctor of chiropractic consists of not less than 4,000 hours of credit which includes instruction in each of the following subjects:
(1) Anatomy;
(2) Bacteriology;
(3) Chiropractic theory and practice;
(4) Diagnosis and chiropractic analysis;
(5) Elementary chemistry and toxicology;
(6) Histology;
(7) Hygiene and sanitation;
(8) Obstetrics and gynecology;
(9) Pathology;
(10) Physiology; and
(11) Physiotherapy; and
(c) That the applicant [:] has successfully:
(1) [Holds certificates which indicate that he or she has passed] Completed parts I, II, III and IV, and the portion relating to physiotherapy, of the examination administered by the National Board of Chiropractic Examiners [;] or its successor organization; or
(2) [Has actively practiced chiropractic in another state for not fewer than 7 of the immediately preceding 10 years without having any adverse disciplinary action taken against him or her.] Completed an examination that is required to graduate from a college of chiropractic which is accredited by the Council on Chiropractic Education or which has a reciprocal agreement with the Council on Chiropractic Education or any governmental accrediting agency. Such an examination must be:
(I) Administered by such a college; and
(II) Approved by the Board.
2. The Board may, for good cause shown, waive the requirement for a particular applicant that the college of chiropractic from which the applicant graduated must be accredited by the Council on Chiropractic Education or have a reciprocal agreement with the Council on Chiropractic Education or a governmental accrediting agency.
3. Except as otherwise provided in subsections 4 and 5, every applicant is required to submit evidence of the successful completion of not less than 60 credit hours at an accredited college or university.
4. Any applicant who has been licensed to practice in another state, and has been in practice for not less than 5 years, is not required to comply with the provisions of subsection 3.
5. If an applicant has received his or her training and education at a school or college located in a foreign country, the Board may, if the Board determines that such training and education is substantially equivalent to graduation from a college of chiropractic that is accredited by the Council on Chiropractic Education and otherwise meets the requirements specified in paragraph (b) of subsection 1, waive the requirement that an applicant attend or graduate from a college that:
(a) Is accredited by the Council on Chiropractic Education; or
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(b) Has a reciprocal agreement with the Council on Chiropractic Education or a governmental accrediting agency.
Sec. 4. NRS 634.100 is hereby amended to read as follows:
634.100 1. An applicant for a license to practice chiropractic in this State must pay the required fee to the Secretary of the Board [not less than 60 days] before the date of the examination.
2. Except as otherwise provided in NRS 622.090:
(a) For a written, closed-book examination which is administered in person by the Board, a score of 75 percent or higher in all subjects taken on the examination is a passing score.
(b) For a written, open-book examination which is administered in person by the Board or an examination that is taken online, a score of 90 percent or higher in all subjects taken on the examination is a passing score.
3. If an applicant fails to pass the first examination, the applicant may take a second examination within 1 year without payment of any additional fees. Except as otherwise provided in NRS 622.090, credit must be given on this examination for all subjects previously passed.
4. An applicant for a certificate as a chiropractors assistant must pay the required fee to the Secretary of the Board before the application may be considered.
Sec. 5. NRS 634.105 is hereby amended to read as follows:
634.105 An applicant for a license to practice chiropractic who has the qualifications prescribed in NRS 634.090 may, while waiting to take the Boards examination but for no longer than [2 years,] 90 days, perform chiropractic, including, without limitation, chiropractic adjustment or manipulation, under the direct supervision of a chiropractor who is professionally and legally responsible for the applicants performance.
Sec. 5.5. NRS 634.115 is hereby amended to read as follows:
634.115 1. Except as otherwise provided in subsections 4 and 5, upon application, payment of the fee, if required, and the approval of its [Secretary] Executive Director and President, the Board may, without examination, grant a temporary license to practice chiropractic in this State to a person who holds a corresponding license or certificate in another jurisdiction which is in good standing and who actively practices chiropractic in that jurisdiction. A temporary license may be issued for the limited purpose of authorizing the holder thereof to treat patients in this State.
2. Except as otherwise provided in this subsection, an applicant for a temporary license must file an application with the [Secretary] Executive Director of the Board not less than 30 days before the applicant intends to practice chiropractic in this State. Upon the request of an applicant, the President or Secretary may, for good cause, authorize the applicant to file the application fewer than 30 days before he or she intends to practice chiropractic in this State.
3. Except as otherwise provided in subsection 6, an application for a temporary license must be accompanied by a fee of $50 and include:
(a) The applicants name, the address of his or her primary place of practice and the applicants telephone number;
(b) A current photograph of the applicant measuring 2 by 2 inches;
(c) The name of the chiropractic school or college from which the applicant graduated and the date of graduation; and
(d) The number of the applicants license to practice chiropractic in another jurisdiction.
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4. A temporary license:
(a) Is valid for the period designated on the license, which must be not more than 10 days;
(b) Is valid for the place of practice designated on the license; and
(c) Is not renewable.
5. The Board may not grant more than two temporary licenses to an applicant during any calendar year.
6. A chiropractic physician who applies for a temporary license solely for the purpose of providing chiropractic services to a patient in this State without remuneration is not required to pay the fee required pursuant to subsection 3.
Sec. 6. NRS 634.130 is hereby amended to read as follows:
634.130 1. Licenses and certificates must be renewed biennially. Except as otherwise provided in subsection [9,] 10 or 11, each person who is licensed or holds a certificate as a chiropractors assistant pursuant to the provisions of this chapter must, upon the payment of the required renewal fee and the submission of all information required to complete the renewal, be granted a renewal license or certificate which authorizes the person to continue to practice for 2 years.
2. Except as otherwise provided in subsection [9,] 10 or 11, the renewal fee must be paid and all information required to complete the renewal must be submitted to the Board by January 1 of:
(a) Each odd-numbered year for a licensee; and
(b) Each even-numbered year for a holder of a certificate as a chiropractors assistant.
3. Except as otherwise provided in subsection 5, 6 or 7, a licensee in active practice within this State must submit satisfactory proof to the Board that, during the 24 months immediately preceding the renewal date of the license, the licensee has attended at least 36 hours of continuing education which is approved or endorsed by the Board.
4. Except as otherwise provided in subsection 5, 6 or 8, a holder of a certificate as a chiropractors assistant in active practice within this State must submit satisfactory proof to the Board that, during the 24 months immediately preceding the renewal date of the certificate, the certificate holder has attended at least 12 hours of continuing education which is approved or endorsed by the Board or the equivalent board of another state or jurisdiction that regulates chiropractors assistants. The continuing education required by this subsection may include education related to lifesaving skills, including, without limitation, a course in cardiopulmonary resuscitation. The Board shall by regulation determine how many of the required 12 hours of continuing education must be course work related to such lifesaving skills. Any course of continuing education approved or endorsed by the Board or the equivalent board of another state or jurisdiction pursuant to this subsection may be conducted via the Internet or in a live setting, including, without limitation, a conference, workshop or academic course of instruction. The Board shall not approve or endorse a course of continuing education which is self-directed or conducted via home study.
5. The educational requirement of subsection 3 or 4 may be waived by the Board if the licensee or holder of a certificate as a chiropractors assistant files with the Board a statement of a chiropractic physician, osteopathic physician or doctor of medicine certifying that the licensee or holder of a certificate as a chiropractors assistant is suffering from a serious or disabling illness or physical disability which prevented the licensee or holder of a certificate as a chiropractors assistant from completing the requirements for continuing education during the 24 months immediately preceding the renewal date of the license or certificate.
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illness or physical disability which prevented the licensee or holder of a certificate as a chiropractors assistant from completing the requirements for continuing education during the 24 months immediately preceding the renewal date of the license or certificate.
6. The Board may waive the educational requirement of subsection 3 or 4 for a licensee or a holder of a certificate as a chiropractors assistant if the licensee or holder of a certificate submits to the Board proof that the licensee or holder of a certificate was in active military service which prevented the licensee or holder of a certificate from completing the requirements for continuing education during the 24 months immediately preceding the renewal date of the license or certificate.
7. A licensee is not required to comply with the requirements of subsection 3 until the first odd-numbered year after the year the Board issues to the licensee an initial license to practice as a chiropractor in this State.
8. A holder of a certificate as a chiropractors assistant is not required to comply with the requirements of subsection 4 until the first even-numbered year after the Board issues to the holder of a certificate an initial certificate to practice as a chiropractors assistant in this State.
9. The Board may adopt regulations that provide for random audits of licensees and holders of a certificate as a chiropractors assistant to ensure compliance with subsection 3 or 4, as appropriate.
10. The Board may waive the renewal fee for a licensee or holder of a certificate as a chiropractors assistant if the licensee or holder of a certificate submits proof to the Board that the licensee or holder of a certificate was in active military service at the time the renewal fee was due.
[10.] 11. The Board may adopt regulations that provide for the prorating or waiving of the renewal fee for a licensee or holder of a certificate as a chiropractors assistant if such prorating or waiving is based upon the date on which:
(a) The Board issues a license to practice chiropractic or a certificate as a chiropractors assistant; and
(b) Such license or certification must be renewed.
12. If a licensee fails to:
(a) Except as otherwise provided in subsection [9,] 10 or 11, pay the renewal fee by January 1 of an odd-numbered year;
(b) Except as otherwise provided in subsection 5 or 6, submit proof of continuing education pursuant to subsection 3;
(c) Notify the Board of a change in the location of his or her office pursuant to NRS 634.129; or
(d) Submit all information required to complete the renewal,
Κ the license automatically expires and, except as otherwise provided in NRS 634.131, may be reinstated only upon the payment, by January 1 of the even-numbered year following the year in which the license expired, of the required fee for reinstatement in addition to the renewal fee.
[11.] 13. If a holder of a certificate as a chiropractors assistant fails to:
(a) Except as otherwise provided in subsection [9,] 10 or 11, pay the renewal fee by January 1 of an even-numbered year;
(b) Except as otherwise provided in subsection 5 or 6, submit proof of continuing education pursuant to subsection 4;
(c) Notify the Board of a change in the location of his or her office pursuant to NRS 634.129; or
(d) Submit all information required to complete the renewal,
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Κ the certificate automatically expires and may be reinstated only upon the payment of the required fee for reinstatement in addition to the renewal fee.
Sec. 7. NRS 634.131 is hereby amended to read as follows:
634.131 1. If a license expires pursuant to the provisions of subsection [10] 12 of NRS 634.130 and the license was not reinstated pursuant to the provisions of that subsection, the person who held the license may apply to the Board to have the license reinstated to active status.
2. An applicant to have an expired license reinstated to active status pursuant to subsection 1 must:
(a) Either:
(1) Submit satisfactory evidence to the Board:
(I) That the applicant has maintained an active practice in another state, territory or country within the preceding 5 years;
(II) From all other licensing agencies which have issued the applicant a license that he or she is in good standing and has no legal actions pending against him or her; and
(III) That the applicant has participated in a program of continuing education in accordance with NRS 634.130 for the year in which he or she seeks to be reinstated to active status; or
(2) Score :
(I) For a written, closed-book examination which is administered in person by the Board, 75 percent or higher in all subjects on [an] the examination [prescribed by the Board on] concerning the provisions of this chapter and the regulations adopted by the Board; or
(II) For a written, open-book examination which is administered in person by the Board or an examination that is taken online, 90 percent or higher in all subjects on the examination concerning the provisions of this chapter and the regulations adopted by the Board;
(b) Pay:
(1) The fee for the biennial renewal of a license to practice chiropractic;
(2) The fee for reinstating a license to practice chiropractic which has expired; and
(3) The fee for the processing of fingerprints established pursuant to subsection 4; and
(c) Submit a complete set of fingerprints and written permission authorizing the Board to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.
3. If any of the requirements set forth in subsection 2 are not met by an applicant for the reinstatement of an expired license to active status, the Board, before reinstating the license of the applicant to active status:
(a) Must hold a hearing to determine the professional competency and fitness of the applicant; and
(b) May require the applicant to:
(1) Pass the Special Purposes Examination for Chiropractic prepared by the National Board of Chiropractic Examiners; and
(2) Satisfy any additional requirements that the Board deems to be necessary.
4. The Board shall establish by regulation the fee for processing fingerprints. The fee must not exceed the sum of the amounts charged by the Central Repository for Nevada Records of Criminal History and the Federal Bureau of Investigation for processing the fingerprints.
κ2019 Statutes of Nevada, Page 2294 (CHAPTER 365, AB 457)κ
Central Repository for Nevada Records of Criminal History and the Federal Bureau of Investigation for processing the fingerprints.
Sec. 8. NRS 634.140 is hereby amended to read as follows:
634.140 The grounds for initiating disciplinary action pursuant to this chapter are:
1. Unprofessional conduct.
2. Incompetence or negligence in the practice of chiropractic.
3. Conviction of:
(a) A violation of any federal or state law regulating the possession, distribution or use of any controlled substance or any dangerous drug as defined in chapter 454 of NRS;
(b) A [felony] crime relating to the practice of chiropractic;
(c) A violation of any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive; or
(d) Any offense involving moral turpitude.
[3.] 4. Suspension or revocation of the license to practice chiropractic by any other jurisdiction.
[4.] 5. Referring, in violation of NRS 439B.425, a patient to a health facility, medical laboratory or commercial establishment in which the licensee has a financial interest.
[5.] 6. Operation of a medical facility, as defined in NRS 449.0151, at any time during which:
(a) The license of the facility is suspended or revoked; or
(b) An act or omission occurs which results in the suspension or revocation of the license pursuant to NRS 449.160.
Κ This subsection applies to an owner or other principal responsible for the operation of the facility.
Sec. 9. NRS 634.190 is hereby amended to read as follows:
634.190 1. The person charged is entitled to a hearing before the Board, but the failure of the person charged to attend a hearing or to defend himself or herself does not delay or void the proceedings. The Board may, for good cause shown, continue any hearing from time to time.
2. If the Board finds that the person [guilty as charged] committed one or more of the charges made in the complaint, [it] the Board may by order:
(a) Place the person on probation for a specified period or until further order of the Board.
(b) Administer to the person a public reprimand.
(c) Limit the practice of the person to, or by the exclusion of, one or more specified branches of chiropractic.
(d) Suspend the license of the person to practice chiropractic for a specified period or until further order of the Board.
(e) Revoke the license of the person to practice chiropractic.
(f) Impose a fine of not more than $5,000 for each act which constitutes a ground for disciplinary action, which must be deposited with the State Treasurer for credit to the State General Fund.
Κ The order of the Board may contain such other terms, provisions or conditions as the Board deems proper [and which are not inconsistent with law.] to remedy or address the facts and circumstances of the particular case.
3. If the Board finds that a licensee has violated the provisions of NRS 439B.425, the Board shall suspend the license for a specified period or until further order of the Board.
κ2019 Statutes of Nevada, Page 2295 (CHAPTER 365, AB 457)κ
4. The Board shall not administer a private reprimand.
5. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.
Sec. 10. NRS 634.216 is hereby amended to read as follows:
634.216 The Board or any person who or other organization which initiates or assists in any lawful investigation or proceeding concerning the discipline of a chiropractor [for gross malpractice, repeated malpractice or unprofessional conduct] is immune from any civil action for that initiation or assistance or any consequential damages, if the person or organization acted without malicious intent.
Sec. 10.5. NRS 634.225 is hereby amended to read as follows:
634.225 1. A chiropractor shall not pierce or sever any body tissue, except to [draw] :
(a) Draw blood for diagnostic purposes [.] ; or
(b) Perform dry needling, if the chiropractor is qualified to do so pursuant to the regulations adopted by the Board pursuant to section 1 of this act.
2. A chiropractor shall not offer to engage in, advertise, solicit or otherwise claim to be able to perform acupuncture unless he or she is licensed to practice Oriental medicine pursuant to chapter 634A of NRS, except that a chiropractor who is qualified to perform dry needling pursuant to the regulations adopted pursuant to section 1 of this act may offer to engage in, advertise, solicit or otherwise claim to be able to perform dry needling.
3. As used in this section:
(a) Acupuncture has the meaning ascribed to it in NRS 634A.020.
(b) Dry needling has the meaning ascribed to it in section 1 of this act.
Sec. 11. NRS 634.015 is hereby repealed.
Sec. 12. This act becomes effective on July 1, 2019.
________
Assembly Bill No. 458Committee on Education
CHAPTER 366
[Approved: June 3, 2019]
AN ACT relating to taxation; revising provisions governing the amount of credits the Department of Taxation is authorized to approve against the modified business tax for taxpayers who donate money to a scholarship organization; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, financial institutions, mining businesses and other employers are required to pay an excise tax (the modified business tax) on wages paid by them. (NRS 363A.130, 363B.110) Existing law establishes a credit against the modified business tax equal to an amount which is approved by the Department of Taxation and which must not exceed the amount of any donation of money made by a taxpayer to a scholarship organization that provides grants on behalf of pupils who are members of a household with a household income of not more than 300 percent of the federally designated level signifying poverty to allow those pupils to attend schools in this State, including private schools, chosen by the parents or legal guardians of those pupils.
κ2019 Statutes of Nevada, Page 2296 (CHAPTER 366, AB 458)κ
members of a household with a household income of not more than 300 percent of the federally designated level signifying poverty to allow those pupils to attend schools in this State, including private schools, chosen by the parents or legal guardians of those pupils. (NRS 363A.139, 363B.119, 388D.270) Under existing law, the Department: (1) is required to approve or deny applications for the tax credit in the order in which the applications are received by the Department; and (2) is authorized to approve applications for each fiscal year until the amount of the tax credits approved for the fiscal year is the amount authorized by statute for that fiscal year. The amount of credits authorized for each fiscal year is equal to 110 percent of the amount authorized for the immediately preceding fiscal year, not including certain additional tax credits authorized for Fiscal Year 2017-2018. For Fiscal Year 2017-2018, the amount of credits authorized which are relevant for calculating the credits authorized in subsequent fiscal years is $6,050,000. Thus, for Fiscal Year 2018-2019, the amount of credits authorized is $6,655,000, plus any remaining amount of tax credits carried forward from the additional credit authorization made for Fiscal Year 2017-2018. (NRS 363A.139, 363B.119)
This bill eliminates the annual 110 percent increase in the amount of credits authorized and, instead, provides that the amount of credits authorized for each fiscal year is a total of $6,655,000, plus any remaining amount of tax credits carried forward from the additional credit authorization made for Fiscal Year 2017-2018.
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 363A.139 is hereby amended to read as follows:
363A.139 1. Any taxpayer who is required to pay a tax pursuant to NRS 363A.130 may receive a credit against the tax otherwise due for any donation of money made by the taxpayer to a scholarship organization in the manner provided by this section.
2. To receive the credit authorized by subsection 1, a taxpayer who intends to make a donation of money to a scholarship organization must, before making such a donation, notify the scholarship organization of the taxpayers intent to make the donation and to seek the credit authorized by subsection 1. A scholarship organization shall, before accepting any such donation, apply to the Department of Taxation for approval of the credit authorized by subsection 1 for the donation. The Department of Taxation shall, within 20 days after receiving the application, approve or deny the application and provide to the scholarship organization notice of the decision and, if the application is approved, the amount of the credit authorized. Upon receipt of notice that the application has been approved, the scholarship organization shall provide notice of the approval to the taxpayer who must, not later than 30 days after receiving the notice, make the donation of money to the scholarship organization. If the taxpayer does not make the donation of money to the scholarship organization within 30 days after receiving the notice, the scholarship organization shall provide notice of the failure to the Department of Taxation and the taxpayer forfeits any claim to the credit authorized by subsection 1.
3. The Department of Taxation shall approve or deny applications for the credit authorized by subsection 1 in the order in which the applications are received.
4. Except as otherwise provided in subsection 5, the Department of Taxation may, for each fiscal year, approve applications for the credit authorized by subsection 1 until the total amount of the credits authorized by subsection 1 and approved by the Department of Taxation pursuant to this subsection and subsection 4 of NRS 363B.119 is [:
κ2019 Statutes of Nevada, Page 2297 (CHAPTER 366, AB 458)κ
authorized by subsection 1 until the total amount of the credits authorized by subsection 1 and approved by the Department of Taxation pursuant to this subsection and subsection 4 of NRS 363B.119 is [:
(a) For Fiscal Year 2015-2016, $5,000,000;
(b) For Fiscal Year 2016-2017, $5,500,000; and
(c) For each succeeding fiscal year, an amount equal to 110 percent of the amount authorized for the immediately preceding fiscal year.
Κ] $6,655,000. The amount of any credit which is forfeited pursuant to subsection 2 must not be considered in calculating the amount of credits authorized for any fiscal year.
5. In addition to the amount of credits authorized by subsection 4 for Fiscal Year 2017-2018, the Department of Taxation may approve applications for the credit authorized by subsection 1 for that fiscal year until the total amount of the credits authorized by subsection 1 and approved by the Department of Taxation pursuant to this subsection and subsection 5 of NRS 363B.119 is $20,000,000. The provisions of [paragraph (c) of] subsection 4 do not apply to the amount of credits authorized by this subsection and the amount of credits authorized by this subsection must not be considered when determining the amount of credits authorized for a fiscal year pursuant to [that paragraph.] subsection 4. If, in Fiscal Year 2017-2018, the amount of credits authorized by subsection 1 and approved pursuant to this subsection is less than $20,000,000, the remaining amount of credits pursuant to this subsection must be carried forward and made available for approval during subsequent fiscal years until the total amount of credits authorized by subsection 1 and approved pursuant to this subsection is equal to $20,000,000. The amount of any credit which is forfeited pursuant to subsection 2 must not be considered in calculating the amount of credits authorized pursuant to this subsection.
6. If a taxpayer applies to and is approved by the Department of Taxation for the credit authorized by subsection 1, the amount of the credit provided by this section is equal to the amount approved by the Department of Taxation pursuant to subsection 2, which must not exceed the amount of the donation made by the taxpayer to a scholarship organization. The total amount of the credit applied against the taxes described in subsection 1 and otherwise due from a taxpayer must not exceed the amount of the donation.
7. If the amount of the tax described in subsection 1 and otherwise due from a taxpayer is less than the credit to which the taxpayer is entitled pursuant to this section, the taxpayer may, after applying the credit to the extent of the tax otherwise due, carry the balance of the credit forward for not more than 5 years after the end of the calendar year in which the donation is made or until the balance of the credit is applied, whichever is earlier.
8. As used in this section, scholarship organization has the meaning ascribed to it in NRS 388D.260.
Sec. 2. NRS 363B.119 is hereby amended to read as follows:
363B.119 1. Any taxpayer who is required to pay a tax pursuant to NRS 363B.110 may receive a credit against the tax otherwise due for any donation of money made by the taxpayer to a scholarship organization in the manner provided by this section.
2. To receive the credit authorized by subsection 1, a taxpayer who intends to make a donation of money to a scholarship organization must, before making such a donation, notify the scholarship organization of the taxpayers intent to make the donation and to seek the credit authorized by subsection 1.
κ2019 Statutes of Nevada, Page 2298 (CHAPTER 366, AB 458)κ
subsection 1. A scholarship organization shall, before accepting any such donation, apply to the Department of Taxation for approval of the credit authorized by subsection 1 for the donation. The Department of Taxation shall, within 20 days after receiving the application, approve or deny the application and provide to the scholarship organization notice of the decision and, if the application is approved, the amount of the credit authorized. Upon receipt of notice that the application has been approved, the scholarship organization shall provide notice of the approval to the taxpayer who must, not later than 30 days after receiving the notice, make the donation of money to the scholarship organization. If the taxpayer does not make the donation of money to the scholarship organization within 30 days after receiving the notice, the scholarship organization shall provide notice of the failure to the Department of Taxation and the taxpayer forfeits any claim to the credit authorized by subsection 1.
3. The Department of Taxation shall approve or deny applications for the credit authorized by subsection 1 in the order in which the applications are received.
4. Except as otherwise provided in subsection 5, the Department of Taxation may, for each fiscal year, approve applications for the credit authorized by subsection 1 until the total amount of the credits authorized by subsection 1 and approved by the Department of Taxation pursuant to this subsection and subsection 4 of NRS 363A.139 is [:
(a) For Fiscal Year 2015-2016, $5,000,000;
(b) For Fiscal Year 2016-2017, $5,500,000; and
(c) For each succeeding fiscal year, an amount equal to 110 percent of the amount authorized for the immediately preceding fiscal year.
Κ] $6,655,000. The amount of any credit which is forfeited pursuant to subsection 2 must not be considered in calculating the amount of credits authorized for any fiscal year.
5. In addition to the amount of credits authorized by subsection 4 for Fiscal Year 2017-2018, the Department of Taxation may approve applications for the credit authorized by subsection 1 for that fiscal year until the total amount of the credits authorized by subsection 1 and approved by the Department of Taxation pursuant to this subsection and subsection 5 of NRS 363A.139 is $20,000,000. The provisions of [paragraph (c) of] subsection 4 do not apply to the amount of credits authorized by this subsection and the amount of credits authorized by this subsection must not be considered when determining the amount of credits authorized for a fiscal year pursuant to [that paragraph.] subsection 4. If, in Fiscal Year 2017-2018, the amount of credits authorized by subsection 1 and approved pursuant to this subsection is less than $20,000,000, the remaining amount of credits pursuant to this subsection must be carried forward and made available for approval during subsequent fiscal years until the total amount of credits authorized by subsection 1 and approved pursuant to this subsection is equal to $20,000,000. The amount of any credit which is forfeited pursuant to subsection 2 must not be considered in calculating the amount of credits authorized pursuant to this subsection.
6. If a taxpayer applies to and is approved by the Department of Taxation for the credit authorized by subsection 1, the amount of the credit provided by this section is equal to the amount approved by the Department of Taxation pursuant to subsection 2, which must not exceed the amount of the donation made by the taxpayer to a scholarship organization. The total amount of the credit applied against the taxes described in subsection 1 and otherwise due from a taxpayer must not exceed the amount of the donation.
κ2019 Statutes of Nevada, Page 2299 (CHAPTER 366, AB 458)κ
amount of the credit applied against the taxes described in subsection 1 and otherwise due from a taxpayer must not exceed the amount of the donation.
7. If the amount of the tax described in subsection 1 and otherwise due from a taxpayer is less than the credit to which the taxpayer is entitled pursuant to this section, the taxpayer may, after applying the credit to the extent of the tax otherwise due, carry the balance of the credit forward for not more than 5 years after the end of the calendar year in which the donation is made or until the balance of the credit is applied, whichever is earlier.
8. As used in this section, scholarship organization has the meaning ascribed to it in NRS 388D.260.
Sec. 3. This act becomes effective upon passage and approval for the purpose of adopting regulations and performing any other administrative tasks that are necessary to carry out the provisions of this act, and on July 1, 2019, for all other purposes.
________
Assembly Bill No. 462Committee on Education
CHAPTER 367
[Approved: June 3, 2019]
AN ACT relating to education; requiring the State Public Charter School Authority to establish a plan to manage the growth of charter schools; requiring sponsors of charter schools to provide notice to the Department of Education and certain other sponsors of certain actions relating to opening or expanding a charter school; revising provisions governing the duties of a sponsor of a charter school; revising provisions governing evaluations conducted by sponsors of charter schools; requiring certain reports to be submitted to the Legislative Committee on Education; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes the board of trustees of a school district or a college or university within the Nevada System of Higher Education that has been approved to sponsor a charter school or the State Public Charter School Authority to approve an application to form a charter school and enter into a charter contract with the governing body of the charter school. (NRS 388A.252, 388A.270) Section 3 of this bill requires the State Public Charter School Authority to establish a plan to manage the growth of charter schools in this State which sets forth the status of existing charter schools and a 5-year projection of anticipated growth in the number of charter schools. The plan must be reviewed and revised as necessary biennially. Section 7 of this bill requires the initial plan to be completed and submitted to the Legislative Committee on Education and the Department of Education by not later than January 1, 2020. Section 4 of this bill requires the sponsor of a charter school to provide written notice to the Department and, if the sponsor is not a school district, to the board of trustees of the school district where a charter school is located or proposed to be located, as applicable, when the sponsor receives notice of certain actions that may be taken or takes certain actions to open or expand a charter school.
κ2019 Statutes of Nevada, Page 2300 (CHAPTER 367, AB 462)κ
Existing law requires the sponsor of a charter school to evaluate academic needs of pupils in the geographic areas served by the sponsor before soliciting applications to form a charter school. (NRS 388A.220) Section 5 of this bill instead requires: (1) the State Public Charter School Authority to conduct such an evaluation annually for the State; and (2) other sponsors of charter schools to conduct such an evaluation before approving an application to form a charter school. Section 5 also requires such an evaluation to include consideration of demographic information and the needs of any pupils who are at high risk of dropping out of school. Section 9 of this bill requires the State Public Charter School Authority to conduct the first evaluation by not later than July 30, 2019. Before approving an application to form a charter school, section 6.3 of this bill requires the proposed sponsor of the charter school to determine that the proposed charter school will address one or more needs identified in the applicable geographic evaluation and that it has received sufficient public input. If the proposed sponsor is the State Public Charter School Authority or a college or university within the Nevada System of Higher Education, section 6.3 requires the proposed sponsor in renewing the application to form a charter school, to solicit input from the board of trustees of the school district in which the proposed charter school will be located. Sections 6.6 and 6.9 of this bill make conforming changes.
Existing law requires the sponsor of a charter school to carry out certain responsibilities. (NRS 388A.223) Section 6 of this bill adds the duty to conduct site evaluations of each campus of a charter school that it sponsors during the first, third and fifth years after entering into or renewing a charter contract. Section 8 of this bill requires the initial site evaluation to be completed and a report submitted by each sponsor of a charter school to the Legislative Committee on Education by not later than June 30, 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. (Deleted by amendment.)
Sec. 2. Chapter 388A of NRS is hereby amended by adding thereto the provisions set forth as sections 3 and 4 of this act.
Sec. 3. 1. The State Public Charter School Authority shall establish a plan to manage the growth of charter schools in this State. The plan must set forth the status of existing charter schools and a 5-year projection of anticipated growth in the number of charter schools.
2. To develop the plan pursuant to subsection 1, the Authority shall determine the projected number of:
(a) New charter schools that the Authority will approve;
(b) Additional campuses of charter schools that the Authority will approve;
(c) Charter schools that will expand the grade levels offered at the charter schools or will otherwise increase enrollment of pupils at the charter schools; and
(d) Charter schools whose charter contracts will expire and the likelihood that the charter contracts will be renewed;
3. In addition to the information described in subsection 2, to develop the plan pursuant to subsection 1, the Authority shall consider:
(a) Information relating to pupils included in the statewide system of accountability for public schools, including, without limitation, information relating to specific groups and subgroups of pupils;
(b) Information relating to the academic needs of pupils in the various geographic areas of the State; and
κ2019 Statutes of Nevada, Page 2301 (CHAPTER 367, AB 462)κ
(c) Any other information the Authority deems necessary to determine whether increasing the number of charter schools or expanding the campuses of existing charter schools will best serve the pupils of this State.
4. The Authority, the Department and each board of trustees of a school district in this State shall collaborate in developing the plan pursuant to subsection 1.
5. The Authority shall review the plan at least biennially and revise the plan as necessary.
Sec. 4. 1. The sponsor of a charter school shall provide written notice to the Department and, if the sponsor is not a school district, to the board of trustees of a school district in which a charter school is located or proposed to be located, as applicable, within 45 days from the date on which the sponsor:
(a) Receives notice of intent to submit an application to operate a charter school;
(b) Receives an application to operate a charter school;
(c) Receives a request to amend the charter contract of a charter school pursuant to NRS 388A.279; and
(d) Approves an application to operate a charter school or a request to amend the charter contract of a charter school.
2. The written notice must include, to the extent applicable:
(a) The location or proposed location of the charter school, as applicable, and the geographic area served or to be served by the charter school;
(b) The grade levels to be served by the charter school;
(c) The estimated number of pupils to be enrolled at the charter school; and
(d) The proposed date and year to open the charter school or amend the charter contract, as applicable.
Sec. 5. NRS 388A.220 is hereby amended to read as follows:
388A.220 1. The board of trustees of a school district may apply to the Department for authorization to sponsor charter schools within the school district in accordance with the regulations adopted by the Department pursuant to NRS 388A.105 or 388A.110. An application must be approved by the Department before the board of trustees may sponsor a charter school. Not more than 180 days after receiving approval to sponsor charter schools, the board of trustees shall provide public notice of its ability to sponsor charter schools and solicit applications for charter schools.
2. The State Public Charter School Authority shall sponsor charter schools whose applications have been approved by the State Public Charter School Authority pursuant to NRS 388A.255. Except as otherwise provided by specific statute, if the State Public Charter School Authority sponsors a charter school, the State Public Charter School Authority is responsible for the evaluation, monitoring and oversight of the charter school.
3. A college or university within the Nevada System of Higher Education may submit an application to the Department to sponsor charter schools in accordance with the regulations adopted by the Department pursuant to NRS 388A.105 or 388A.110. An application must be approved by the Department before a college or university within the Nevada System of Higher Education may sponsor charter schools.
4. The board of trustees of a school district or a college or university within the Nevada System of Higher Education may enter into an agreement with the State Public Charter School Authority to provide technical assistance and support in preparing an application to sponsor a charter school and planning and executing the duties of a sponsor of a charter school as prescribed in this section.
κ2019 Statutes of Nevada, Page 2302 (CHAPTER 367, AB 462)κ
with the State Public Charter School Authority to provide technical assistance and support in preparing an application to sponsor a charter school and planning and executing the duties of a sponsor of a charter school as prescribed in this section.
5. Before [the State Public Charter School Authority or] a board of trustees of a school district or a college or university within the Nevada System of Higher Education that is approved to sponsor charter schools [begins soliciting applications] approves an application to form a charter school, the [State Public Charter School Authority,] board of trustees or college or university, as applicable, shall prepare, in collaboration with the Department and, to the extent practicable, the school district in which the proposed charter school will be located and any other sponsor of a charter school located in that school district, an evaluation of [the] demographic information of pupils, the academic needs of pupils and the needs of any pupils who are at risk of dropping out of school in the geographic areas served by the sponsor.
6. On or before January 31 of each year, the State Public Charter School Authority shall prepare, in collaboration with the Department and, to the extent practicable, the board of trustees of each school district in this State and any other sponsor of a charter school in this State, an evaluation of demographic information of pupils, the academic needs of pupils and the needs of any pupils who are at risk of dropping out of school in this State.
Sec. 6. NRS 388A.223 is hereby amended to read as follows:
388A.223 1. Each sponsor of a charter school shall carry out the following duties and powers:
(a) Evaluating applications to form charter schools as prescribed by NRS 388A.249;
(b) Approving applications to form charter schools that the sponsor determines are high quality, meet the identified educational needs of pupils and will serve to promote the diversity of public educational choices in this State;
(c) Declining to approve applications to form charter schools that do not satisfy the requirements of NRS 388A.249;
(d) Negotiating, developing and executing charter contracts pursuant to NRS 388A.270;
(e) Monitoring, in accordance with this chapter and in accordance with the terms and conditions of the applicable charter contract, the performance and compliance of each charter school sponsored by the entity;
(f) Determining whether the charter contract of a charter school that the entity sponsors merits renewal or whether the renewal of the charter contract should be denied or whether the written charter should be revoked or the charter contract terminated or restarted, as applicable, in accordance with NRS 388A.285, 388A.300 or 388A.330, as applicable;
(g) Determining whether the governing body of a charter school should be reconstituted in accordance with NRS 388A.330; [and]
(h) Adopting a policy for appointing a new governing body of a charter school for which the governing body is reconstituted in accordance with NRS 388A.330 [.] ; and
(i) Conducting site evaluations of each campus of a charter school it sponsors during the first, third and fifth years after entering into or renewing a charter contract. Such evaluations must include, without limitation, evaluating pupil achievement and school performance at each campus of the charter school and identifying any deficiencies relating to pupil achievement and school performance.
κ2019 Statutes of Nevada, Page 2303 (CHAPTER 367, AB 462)κ
limitation, evaluating pupil achievement and school performance at each campus of the charter school and identifying any deficiencies relating to pupil achievement and school performance. The sponsor shall develop a plan with the charter school to correct any such deficiencies. A sponsor may conduct a brief evaluation of a charter school in the third year if the charter school receives, in the immediately preceding year, one of the two highest ratings of performance pursuant to the statewide system of accountability for public schools.
2. Each sponsor of a charter school shall develop policies and practices that are consistent with state laws and regulations governing charter schools. In developing the policies and practices, the sponsor shall review and evaluate nationally recognized policies and practices for sponsoring organizations of charter schools. The policies and practices must include, without limitation:
(a) The organizational capacity and infrastructure of the sponsor for sponsorship of charter schools, which must not be described as a limit on the number of charter schools the sponsor will approve;
(b) The procedure and criteria for soliciting and evaluating charter school applications in accordance with NRS 388A.249, which must include, without limitation:
(1) Specific application procedures and timelines for committees to form a charter school that plan to enter into a contract with an educational management organization to operate the charter school, committees to form a charter school that do not plan to enter into such a contract and charter management organizations; and
(2) A description of the manner in which the sponsor will evaluate the previous performance of an educational management organization or other person with whom a committee to form a charter school plans to enter into a contract to operate a charter school or a charter management organization that submits an application to form a charter school;
(c) The procedure and criteria for evaluating applications for the renewal of charter contracts pursuant to NRS 388A.285;
(d) The procedure for amending a written charter or charter contract and the criteria for determining whether a request for such an amendment will be approved which must include, without limitation, any manner in which such procedures and criteria will differ if the sponsor determines that the amendment is material or strategically important;
(e) If deemed appropriate by the sponsor, a strategic plan for recruiting charter management organizations, educational management organizations or other persons to operate charter schools based on the priorities of the sponsor and the needs of the pupils that will be served by the charter schools that will be sponsored by the sponsor;
(f) A description of how the sponsor will maintain oversight of the charter schools it sponsors, which must include, without limitation:
(1) An assessment of the needs of the charter schools that are sponsored by the sponsor that is prepared with the input of the governing bodies of such charter schools; and
(2) A strategic plan for the oversight and provision of technical support to charter schools that are sponsored by the sponsor in the areas of academic, fiscal and organizational performance; and
(g) A description of the process of evaluation for the charter schools it sponsors in accordance with NRS 388A.351.
κ2019 Statutes of Nevada, Page 2304 (CHAPTER 367, AB 462)κ
3. Evidence of material or persistent failure to carry out the powers and duties of a sponsor prescribed by this section constitutes grounds for revocation of the entitys authority to sponsor charter schools.
4. The provisions of this section do not establish a private right of action against the sponsor of a charter school.
Sec. 6.3. NRS 388A.249 is hereby amended to read as follows:
388A.249 1. A committee to form a charter school or charter management organization may submit the application to the proposed sponsor of the charter school. Except as otherwise provided in NRS 388B.290, if an application proposes to convert an existing public school, homeschool or other program of home study into a charter school, the proposed sponsor shall deny the application.
2. The proposed sponsor of a charter school shall, in reviewing an application to form a charter school:
(a) Assemble a team of reviewers, which may include, without limitation, natural persons from different geographic areas of the United States who possess the appropriate knowledge and expertise with regard to the academic, financial and organizational experience of charter schools, to review and evaluate the application;
(b) Conduct a thorough evaluation of the application, which includes an in-person interview with the applicant designed to elicit any necessary clarifications or additional information about the proposed charter school and determine the ability of the applicants to establish a high-quality charter school;
(c) Consider the degree to which the proposed charter school will address the needs identified in the evaluation prepared by the proposed sponsor pursuant to subsection 5 or 6 of NRS 388A.220, as applicable;
(d) If the proposed sponsor is not the board of trustees of a school district, solicit input from the board of trustees of the school district in which the proposed charter school will be located;
(e) Base its determination on documented evidence collected through the process of reviewing the application; and
[(d)] (f) Adhere to the policies and practices developed by the proposed sponsor pursuant to subsection 2 of NRS 388A.223.
3. The proposed sponsor of a charter school may approve an application to form a charter school only if the proposed sponsor determines that:
(a) The application:
(1) Complies with this chapter and the regulations applicable to charter schools; and
(2) Is complete in accordance with the regulations of the Department and the policies and practices of the sponsor; [and]
(b) The applicant has demonstrated competence in accordance with the criteria for approval prescribed by the sponsor pursuant to subsection 2 of NRS 388A.223 that will likely result in a successful opening and operation of the charter school [.] ;
(c) Based on the most recent evaluation prepared by the proposed sponsor pursuant to subsection 5 or 6 of NRS 388A.220, as applicable, the proposed charter school will address one or more of the needs identified in the evaluation; and
(d) It has received sufficient input from the public, including, without limitation, input received at the meeting held pursuant to subsection 1 of NRS 388A.252 or subsection 1 of NRS 388A.255, as applicable.
κ2019 Statutes of Nevada, Page 2305 (CHAPTER 367, AB 462)κ
4. On or before January 1 of each odd-numbered year, the Superintendent of Public Instruction shall submit a written report to the Director of the Legislative Counsel Bureau for transmission to the next regular session of the Legislature. The report must include:
(a) A list of each application to form a charter school that was submitted to the board of trustees of a school district, the State Public Charter School Authority, a college or a university during the immediately preceding biennium;
(b) The educational focus of each charter school for which an application was submitted;
(c) The current status of the application; and
(d) If the application was denied, the reasons for the denial.
Sec. 6.6. NRS 388A.252 is hereby amended to read as follows:
388A.252 1. If the board of trustees of a school district or a college or a university within the Nevada System of Higher Education, as applicable, receives an application to form a charter school, the board of trustees or the institution, as applicable, shall consider the application at a meeting that must be held not later than 60 days after the receipt of the application, or a later period mutually agreed upon by the committee to form the charter school and the board of trustees of the school district or the institution, as applicable, and ensure that notice of the meeting has been provided pursuant to chapter 241 of NRS. The board of trustees, the college or the university, as applicable, shall review an application in accordance with the requirements for review set forth in subsections 2 and 3 of NRS 388A.249.
2. The board of trustees, the college or the university, as applicable, may approve an application if [it satisfies] the requirements of subsection 3 of NRS 388A.249 [.] are satisfied.
3. The board of trustees, the college or the university, as applicable, shall provide written notice to the applicant of its approval or denial of the application. If the board of trustees, the college or the university, as applicable, denies an application, it shall include in the written notice the reasons for the denial and the deficiencies . [in the application.] The applicant must be granted 30 days after receipt of the written notice to correct any deficiencies identified in the written notice and resubmit the application.
4. If the board of trustees, the college or the university, as applicable, denies an application after it has been resubmitted pursuant to subsection 3, the applicant may submit a written request for sponsorship by the State Public Charter School Authority not more than 30 days after receipt of the written notice of denial. Any request that is submitted pursuant to this subsection must be accompanied by the application to form the charter school.
Sec. 6.9. NRS 388A.255 is hereby amended to read as follows:
388A.255 1. If the State Public Charter School Authority receives an application pursuant to subsection 1 of NRS 388A.249 or subsection 4 of NRS 388A.252, it shall consider the application at a meeting which must be held not later than 60 days after receipt of the application or a later period mutually agreed upon by the committee to form the charter school and the State Public Charter School Authority. Notice of the meeting must be posted in accordance with chapter 241 of NRS. The State Public Charter School Authority shall review the application in accordance with the requirements for review set forth in subsections 2 and 3 of NRS 388A.249. The State Public Charter School Authority may approve an application only if [it satisfies] the requirements of subsection 3 of NRS 388A.249 [.]
κ2019 Statutes of Nevada, Page 2306 (CHAPTER 367, AB 462)κ
Public Charter School Authority may approve an application only if [it satisfies] the requirements of subsection 3 of NRS 388A.249 [.] are satisfied. Not more than 30 days after the meeting, the State Public Charter School Authority shall provide written notice of its determination to the applicant.
2. If the State Public Charter School Authority denies or fails to act upon an application, the denial or failure to act must be based upon a finding that [the applicant failed to satisfy] the requirements of subsection 3 of NRS 388A.249 [.] have not been satisfied. The State Public Charter School Authority shall include in the written notice the reasons for the denial or the failure to act and the deficiencies . [in the application.] The staff designated by the State Public Charter School Authority shall meet with the applicant to confer on the method to correct the identified deficiencies. The applicant must be granted 30 days after receipt of the written notice to correct any deficiencies identified in the written notice and resubmit the application.
3. If the State Public Charter School Authority denies an application after it has been resubmitted pursuant to subsection 2, the applicant may, not more than 30 days after the receipt of the written notice from the State Public Charter School Authority, appeal the final determination to the district court of the county in which the proposed charter school will be located.
Sec. 7. 1. The State Public Charter School Authority shall complete its initial plan to manage the growth of charter schools in this State required to be established pursuant to section 3 of this act and submit a copy of the plan to the Department of Education and the Director of the Legislative Counsel Bureau for transmittal to the Legislative Committee on Education by not later than January 1, 2020.
2. The Legislative Committee on Education shall hold a hearing as soon as possible after receipt of the plan pursuant to subsection 1, during which the State Public Charter School Authority shall present the plan to the Committee. The Committee shall:
(a) Evaluate, review and comment on the plan; and
(b) Make recommendations to the State Public Charter School Authority concerning the plan.
3. The Department of Education shall make recommendations to the State Public Charter School Authority concerning the plan.
Sec. 8. Unless a request for an extension is approved by the State Board of Education, each sponsor of a charter school shall:
1. Complete the site evaluation of each charter school it sponsors as required by NRS 388A.223, as amended by section 6 of this act; and
2. Prepare and submit a report of such evaluations to the Director of the Legislative Counsel Bureau for transmittal to the Legislative Committee on Education by not later than June 30, 2020.
Sec. 9. The State Public Charter School Authority shall conduct the first evaluation required pursuant to subsection 6 of NRS 388A.220, as amended by section 5 of this act, by not later than July 30, 2019.
Sec. 10. This act becomes effective upon passage and approval.
________
κ2019 Statutes of Nevada, Page 2307κ
Assembly Bill No. 477Committee on Commerce and Labor
CHAPTER 368
[Approved: June 3, 2019]
AN ACT relating to consumer contracts; enacting the Consumer Protection from the Accrual of Predatory Interest After Default Act; prohibiting the use of certain form contracts; limiting prejudgment and postjudgment interest and attorneys fees under certain circumstances; prohibiting choice of law, forum selection and other provisions in certain form contracts; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law contains various provisions governing retail installment sales. (Chapter 97 of NRS) Sections 2-19 of this bill enact the Consumer Protection from the Accrual of Predatory Interest After Default Act, which contains provisions governing the use of form contracts in certain consumer transactions. Sections 5-8 of this bill define business, consumer, consumer debt and consumer form contract. Section 9 of this bill prohibits the use of a consumer form contract by a business that is not in compliance with the provisions of this bill. Section 10 of this bill exempts certain business organizations and other persons from the provisions of this bill. Section 11 of this bill prohibits the inclusion of a choice of law or forum selection provision in a consumer form contract. Section 12 of this bill requires any consumer form contract involving financial services be signed by the consumer in writing or electronically signed in full compliance with section 101(c) of the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001(c). Section 13 of this bill prohibits the inclusion of certain provisions in a consumer form contract that would limit a consumers rights. Section 14 of this bill declares that any provision in a consumer form contract that violates the provisions of this bill is void and unenforceable. Section 15 of this bill provides that if a consumer enters a consumer form contract with a person who is required to be licensed but is not, the contract is void for all purposes. Section 17 of this bill provides certain limits on the amount of prejudgment interest and the rate of postjudgment interest under certain circumstances. Sections 18 and 19 of this bill provide certain methods for calculating attorneys fees for the prevailing party in any action to collect a consumer debt.
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. Title 8 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 19, inclusive, of this act.
Sec. 2. This chapter may be cited as the Consumer Protection from the Accrual of Predatory Interest After Default Act.
Sec. 3. 1. The purpose of this chapter is to protect consumers.
2. This chapter must be construed as a consumer protections statute for all purposes.
3. This chapter must be liberally construed to effectuate its purpose.
Sec. 4. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 5 to 8, inclusive, of this act, have the meanings ascribed to them in those sections.
κ2019 Statutes of Nevada, Page 2308 (CHAPTER 368, AB 477)κ
Sec. 5. Business means a proprietorship, corporation, partnership, association, trust, unincorporated organization or other enterprise doing business in this State.
Sec. 6. Consumer means a natural person.
Sec. 7. Consumer debt means any obligation or alleged obligation of a consumer to pay money arising out of a transaction in which the money, property, insurance or services which are the subject of the transaction are primarily personal, family or household purposes, whether or not such obligation has been reduced to judgment.
Sec. 8. 1. Consumer form contract means a retail charge agreement or a retail installment contract involving a retail installment transaction in writing between a retail seller and a consumer buyer, or a lease in writing between a lessor and a consumer lessee, involving the sale or lease of goods or services, including, without limitation, credit or financial services, primarily for personal, family or household purposes and which has either been drafted by the business or by a third party for use with more than one consumer, unless a second consumer is the spouse of the first consumer.
2. As used in this section:
(a) Buyer has the meaning ascribed to it in NRS 97.085.
(b) Goods has the meaning ascribed to it in NRS 97.035.
(c) Retail charge agreement has the meaning ascribed to it in NRS 97.095.
(d) Retail installment contract has the meaning ascribed to it in NRS 97.105.
(e) Retail installment transaction has the meaning ascribed to it in NRS 97.115.
(f) Retail seller has the meaning ascribed to it in NRS 97.125.
(g) Services has the meaning ascribed to it in NRS 97.135.
Sec. 9. 1. A business, including, without limitation, any officer, agent, employee or representative, shall not individually or in cooperation with another, solicit the execution of, receive or rely upon a consumer form contract, including, without limitation, reliance upon the consumer form contract as a basis of a suit or claim, unless the business has complied with the provisions of this chapter.
2. The provisions of this chapter apply to any person who seeks to evade its application by any device, subterfuge or pretense.
Sec. 10. The provisions of this chapter do not apply to:
1. A person doing business pursuant to the authority of any law of this State or of the United States relating to banks, national banking associations, savings banks, trust companies, savings and loan associations, credit unions, mortgage brokers, mortgage bankers, thrift companies or insurance companies, including, without limitation, any affiliate or subsidiary of such a person regardless of whether the affiliate or subsidiary is a bank.
2. Any business:
(a) Whose principal purpose or activity is lending money on real property which is secured by a mortgage;
(b) Approved by the Federal National Mortgage Association as a seller or servicer; and
(c) Approved by the United States Department of Housing and Urban Development and the Department of Veterans Affairs.
κ2019 Statutes of Nevada, Page 2309 (CHAPTER 368, AB 477)κ
3. A person who provides money for investment in loans secured by a lien on real property, on his or her own account.
4. A seller of real property who offers credit secured by a mortgage of the property sold.
5. A person who exclusively extends credit to any person who is not a resident of this State for any business, commercial or agricultural purpose that is located outside this State.
6. A person while performing any act authorized pursuant to chapter 604A of NRS.
7. A motor vehicle manufacturer or distributor, or an affiliate or captive financial entity of a motor vehicle manufacturer or distributor.
Sec. 11. If a consumer form contract is signed by the consumer or otherwise formed while the consumer resides in this State with a person operating within this State:
1. A choice of law provision in a consumer form contract which provides that the consumer form contract is to be governed or interpreted pursuant to the laws of another state is void. Enforcement and interpretation of such a contract must be governed by the laws of this State if enforcement of the consumer form contract is sought in a court of this State.
2. A forum selection provision in a consumer form contract which provides that any claims or actions related to the consumer form contract must be litigated in a forum outside this State is void.
Sec. 12. 1. Any consumer form contract involving a loan, extension of credit, deposit account or other financial services must be signed by the consumer in writing or electronically in full compliance with Section 101(c) of the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001(c).
2. Any change of terms to a consumer form contract must be agreed to by the consumer by affirmative consent, signed in writing or electronically in full compliance with Section 101(c) of the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001(c).
Sec. 13. A consumer form contract must not contain:
1. A provision that the consumer will hold the other party harmless, or that otherwise relieves the other party of liability, for any harm or damage caused to the consumer arising from the consumer form contract.
2. A confession of judgment clause.
3. A waiver of the right to a jury trial, unless the consumer agrees to an alternative dispute resolution such as binding arbitration, in any action brought by or against the consumer.
4. Any assignment of or order for payment of wages or other compensation for services.
5. A provision in which the consumer agrees not to assert any claim or defense arising out of the consumer form contract or to seek any remedies pursuant to any consumer protection law.
6. A waiver of any provision of this chapter or any other consumer protection statute. Any such waiver shall be deemed null, void and of no effect.
7. A provision requiring or having the practical effect of requiring that any aspect of a resolution of a dispute between the parties to the agreement be kept confidential. This subsection does not affect the right of the parties to agree that certain specified information is a trade secret or otherwise confidential or to later agree, after the dispute arises, to keep a resolution confidential.
κ2019 Statutes of Nevada, Page 2310 (CHAPTER 368, AB 477)κ
the parties to agree that certain specified information is a trade secret or otherwise confidential or to later agree, after the dispute arises, to keep a resolution confidential.
Sec. 14. A provision in a consumer form contract that violates this chapter shall be void and unenforceable. A court may refuse to enforce other provisions of the consumer form contract as equity may require.
Sec. 15. Any consumer form contract entered into by a consumer with a person who is required to be licensed pursuant to any provision of NRS or NAC in order to enter into the consumer transaction, but is not so licensed, is void. Neither the obligee nor any assignee of the obligation may collect, receive or retain any principal, finance charge or other fees in connection with the transaction.
Sec. 16. (Deleted by amendment.)
Sec. 17. If the plaintiff is the prevailing party in any action to collect a consumer debt:
1. And a rate of interest is stated in the consumer form contract, interest may be awarded by the court only as set forth in this section.
2. Interest under the consumer form contract, prejudgment interest and postjudgment interest awarded by the court must not be compounded.
3. Any prejudgment interest the court awards the plaintiff must be limited to the lesser of:
(a) The accrued interest at the rate stated in the consumer form contract to the day the action to collect the debt is filed; or
(b) One hundred eighty days of interest at the rate stated in the consumer form contract.
4. Any postjudgment interest the court awards the plaintiff must be limited to the lesser of:
(a) The rate of interest in the consumer form contract; or
(b) A rate equal to the prime rate at the largest bank in Nevada as ascertained by the Commissioner of Financial Institutions on January 1 or July 1, as the case may be, immediately preceding the date of judgment, plus 2 percent. The rate must remain fixed at that rate until the judgment is satisfied.
Sec. 18. 1. If the plaintiff is the prevailing party in any action to collect a consumer debt, the plaintiff is entitled to collect attorneys fees only if the consumer form contract or other document evidencing the indebtedness sets forth an obligation of the consumer to pay such attorneys fee and subject to the following conditions:
(a) If a consumer form contract or other document evidencing indebtedness provides for attorneys fees in some specific percentage, such provision and obligation is valid and enforceable for an amount not to exceed 15 percent of the amount of the debt, excluding attorneys fees and collection costs.
(b) If a consumer form contract or other document evidencing indebtedness provides for the payment of reasonable attorneys fees by the debtor, without specifying any specific percentage, such provision must be construed to mean the lesser of 15 percent of the amount of the debt, excluding attorneys fees and collection costs, or the amount of attorneys fees calculated by a reasonable rate for such cases multiplied by the amount of time reasonably expended to obtain the judgment.
κ2019 Statutes of Nevada, Page 2311 (CHAPTER 368, AB 477)κ
2. The documentation setting forth a partys obligation to pay attorneys fees must be provided to the court before a court may enforce those provisions.
Sec. 19. If the debtor is the prevailing party in any action to collect a consumer debt, the debtor is entitled to an award of reasonable attorneys fees. The amount of the debt that the creditor sought may not be a factor in determining the reasonableness of the award.
Sec. 20. The provisions of this act apply to contracts entered into on or after October 1, 2019.
________
Assembly Bill No. 465Committee on Growth and Infrastructure
CHAPTER 369
[Approved: June 4, 2019]
AN ACT relating to energy; requiring electric utilities to offer an expanded solar access program to certain customers and to submit a plan to the Public Utilities Commission of Nevada for such a program; requiring the Commission to adopt regulations establishing standards for the program; requiring the Commission to approve a plan for an expanded solar access program if certain requirements are met; and providing other matters properly relating thereto.
Legislative Counsels Digest:
This bill enacts provisions for the implementation of an expanded solar access program by certain electric utilities in this State. This bill requires such electric utilities to offer an expanded solar access program to residential customers and to certain nonresidential customers who consume less than 10,000 kilowatt-hours of electricity per month. This bill requires the Public Utilities Commission of Nevada to adopt certain regulations for the implementation of the expanded solar access program and requires an electric utility to submit a plan for the implementation of the expanded solar access program. Among the requirements for the plan submitted by an electric utility to implement the expanded solar access program is that the capacity of the expanded solar access program be below a certain amount, that the program broaden access to solar energy in an equitable manner and that the program provide participating low-income residential customers with a lower rate. This bill requires an electric utility, in implementing the expanded solar access program, to make use of at least a certain number of community-based solar resources and utility scale solar resources.
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 704 of NRS is hereby amended by adding thereto a new section to read as follows:
1. An electric utility shall offer an expanded solar access program to eligible customers within its service area in accordance with the provisions of this section. The size of the expanded solar access program shall not exceed:
κ2019 Statutes of Nevada, Page 2312 (CHAPTER 369, AB 465)κ
(a) For an electric utility that primarily serves densely populated counties, a total capacity of 240,000 megawatt-hours; and
(b) For an electric utility that primarily serves less densely populated counties, a total capacity of 160,000 megawatt-hours.
2. The Commission shall adopt regulations establishing standards for the expanded solar access program. The regulations must:
(a) Advance the development of solar energy resources in this State, including, without limitation, utility scale and community-based solar resources;
(b) Provide for the expanded solar access program to include a reasonable mixture of community-based solar resources and utility scale solar resources;
(c) Provide a plan for community participation in the siting and naming of community-based solar resources;
(d) Provide for solar workforce innovations and opportunity programs related to the construction, maintenance and operation of solar resources, including opportunities for workforce training, apprenticeships or other job opportunities at community-based solar resources;
(e) Provide for equitably broadened access to solar energy;
(f) Provide for the creation of an expanded solar access program rate for participating eligible customers that:
(1) Is based, among other factors, on a new utility scale solar resource accepted by the Commission in an order issued pursuant to NRS 704.751, as approved by the Commission;
(2) Is a fixed rate that replaces the base tariff energy rate and deferred accounting adjustment charged by the electric utility for participating customers and which is adjusted in accordance with the Commissions quarterly calculations;
(3) For low-income eligible customers, provides for a lower rate, the cost of which must be allocated across all of the rate classes of the utility;
(4) For eligible customers who are not low-income eligible customers, provides stability and predictability and the opportunity for a lower rate; and
(5) Includes for all participating customers any other applicable charges including, without limitation, the universal energy charge, franchise fees, the renewable energy program rate and base tariff general rates, except that the Commission may reduce one or more of these charges for low-income eligible customers to ensure that such customers receive a lower rate pursuant to subparagraph (3);
(g) Establish a process for identifying noncontiguous geographic locations for community-based solar resources which, to the extent practicable, must be located in communities with higher levels of low-income eligible customers;
(h) Provide for the use of at least one utility scale solar resource and at least three but not more than ten community-based solar resources within the service territory of the electric utility;
(i) Require not less than 50 percent of the employees engaged or anticipated to be engaged in construction of community-based solar resources to be residents of this State, which residency may be demonstrated, without limitation, by a notarized statement of the employee that he or she is a resident of this State;
κ2019 Statutes of Nevada, Page 2313 (CHAPTER 369, AB 465)κ
(j) Provide for a mechanism for the host sites of community-based solar resources to receive compensation from the utility for the use of such site;
(k) Provide for the use of a combination of new and other renewable energy facilities, which may be either utility scale or community-based solar resources, that were submitted to the Commission for approval after May 1, 2018, and that were not placed into operation before April 1, 2020;
(l) Provide for an application and selection process for eligible customers to participate in the program;
(m) Ensure reasonable and equitable participation by eligible customers within the service area of the electric utility;
(n) Ensure that eligible customers are able to participate in the program regardless of whether the customer owns, rents or leases the customers premises;
(o) Require that:
(1) Twenty-five percent of the capacity of the program, as provided in subsection 1, be reserved for low-income eligible customers;
(2) Twenty-five percent of the capacity of the program, as provided in subsection 1, be reserved for disadvantaged businesses and nonprofit organizations; and
(3) Fifty percent of the capacity of the program, as provided in subsection 1, be reserved for eligible customers who are fully bundled residential customers who own, rent or lease their residence and who certify in a statement which satisfies the requirements established by the Commission pursuant to paragraph (p) that they cannot install solar resources on their premises;
(p) Establish the requirements for a fully bundled residential customer to certify that he or she cannot install solar resources on his or her premises; and
(q) Establish standards for the form, content and manner of submission of an electric utilitys plan for implementing the expanded solar access program.
3. An electric utility shall file a plan for implementing the expanded solar access program in accordance with the regulations adopted by the Commission pursuant to subsection 2.
4. The Commission shall review the plan for the implementation of the expanded solar access program submitted pursuant to subsection 3 and issue an order approving, with or without modifications, or denying the plan within 210 days. The Commission may approve the plan if it finds that the proposed expanded solar access program complies with the regulations adopted by the Commission pursuant to subsection 2.
5. In administering the provisions of this section, the electric utility and the Commission shall establish as the preferred sites for utility scale development of solar energy resources pursuant to this section brownfield sites and land designated by the Secretary of the Interior as Solar Energy Zones and held by the Bureau of Land Management.
6. As used in this section:
(a) Brownfield site has the meaning ascribed to it in 42 U.S.C. § 9601.
(b) Community-based solar resource means a solar resource which has a nameplate capacity of not more than 1 megawatt and is owned and operated by the electric utility and connected to and used as a component of the distribution system of the electric utility.
κ2019 Statutes of Nevada, Page 2314 (CHAPTER 369, AB 465)κ
operated by the electric utility and connected to and used as a component of the distribution system of the electric utility.
(c) Disadvantaged business means a business for which:
(1) Fifty-one percent or more of the owners are women, veterans, members of a racial or ethnic minority group or otherwise part of a traditionally underrepresented group; and
(2) None of the owners has a net worth of more than $250,000, not including the equity held in the business or in a primary residence.
(d) Electric utility has the meaning ascribed to it in NRS 704.187.
(e) Electric utility that primarily serves densely populated counties has the meaning ascribed to it in NRS 704.110.
(f) Electric utility that primarily serves less densely populated counties has the meaning ascribed to it in NRS 704.110.
(g) Eligible customer means:
(1) A fully bundled general service customer; or
(2) A fully bundled residential customer of a utility.
(h) Fully bundled customer means a customer of an electric utility who receives energy, transmission, distribution and ancillary services from an electric utility.
(i) Fully bundled general service customer means a fully bundled customer who is a nonresidential customer with a kilowatt-hour consumption that does not exceed 10,000 kilowatt-hours per month.
(j) Fully bundled residential customer means a fully bundled customer who is a single-family or a multifamily residential customer.
(k) Low-income eligible customer means a natural person or household who is a fully bundled residential customer of a utility and has an income of not more than 80 percent of the area median income based on the guidelines published by the United States Department of Housing and Urban Development.
(l) Solar Energy Zone means an area identified and designated by the Bureau of Land Management as an area well-suited for utility-scale production of solar energy, and where the Bureau of Land Management will prioritize solar energy and associated transmission infrastructure development.
(m) Solar resource means a facility or energy system that uses a solar photovoltaic device to generate electricity.
(n) Solar workforce innovations and opportunity program means a workforce education, training and job placement program developed by the Department of Employment, Training and Rehabilitation and its appropriate industry sector council in conjunction with potential employers and community stakeholders.
(o) Utility scale solar resource means a solar resource which has a nameplate capacity of at least 50 megawatts and is interconnected directly to a substation of the electric utility through a generation step-up transformer.
Sec. 2. NRS 704.100 is hereby amended to read as follows:
704.100 1. Except as otherwise provided in NRS 704.075 and 704.68861 to 704.68887, inclusive, and section 1 of this act or as may otherwise be provided by the Commission pursuant to NRS 704.095 or 704.097:
(a) A public utility shall not make changes in any schedule, unless the public utility:
κ2019 Statutes of Nevada, Page 2315 (CHAPTER 369, AB 465)κ
(1) Files with the Commission an application to make the proposed changes and the Commission approves the proposed changes pursuant to NRS 704.110; or
(2) Files the proposed changes with the Commission using a letter of advice in accordance with the provisions of paragraph (f) or (g).
(b) A public utility shall adjust its rates on a quarterly basis between annual rate adjustment applications pursuant to subsection 8 of NRS 704.110 based on changes in the public utilitys recorded costs of natural gas purchased for resale.
(c) An electric utility shall, between annual deferred energy accounting adjustment applications filed pursuant to NRS 704.187, adjust its rates on a quarterly basis pursuant to subsection 10 of NRS 704.110.
(d) A public utility shall post copies of all proposed schedules and all new or amended schedules in the same offices and in substantially the same form, manner and places as required by NRS 704.070 for the posting of copies of schedules that are currently in force.
(e) A public utility may not set forth as justification for a rate increase any items of expense or rate base that previously have been considered and disallowed by the Commission, unless those items are clearly identified in the application and new facts or considerations of policy for each item are advanced in the application to justify a reversal of the prior decision of the Commission.
(f) Except as otherwise provided in paragraph (g), if the proposed change in any schedule does not change any rate or will result in an increase in annual gross operating revenue in an amount that does not exceed $15,000:
(1) The public utility may file the proposed change with the Commission using a letter of advice in lieu of filing an application; and
(2) The Commission shall determine whether it should dispense with a hearing regarding the proposed change.
Κ A letter of advice filed pursuant to this paragraph must include a certification by the attorney for the public utility or an affidavit by an authorized representative of the public utility that to the best of the signatorys knowledge, information and belief, formed after a reasonable inquiry, the proposed change in schedule does not change any rate or result in an increase in the annual gross operating revenue of the public utility in an amount that exceeds $15,000.
(g) If the applicant is a small-scale provider of last resort and the proposed change in any schedule will result in an increase in annual gross operating revenue in an amount that does not exceed $50,000 or 10 percent of the applicants annual gross operating revenue, whichever is less:
(1) The small-scale provider of last resort may file the proposed change with the Commission using a letter of advice in lieu of filing an application if the small-scale provider of last resort:
(I) Includes with the letter of advice a certification by the attorney for the small-scale provider of last resort or an affidavit by an authorized representative of the small-scale provider of last resort that to the best of the signatorys knowledge, information and belief, formed after a reasonable inquiry, the proposed change in schedule does not change any rate or result in an increase in the annual gross operating revenue of the small-scale provider of last resort in an amount that exceeds $50,000 or 10 percent, whichever is less;
κ2019 Statutes of Nevada, Page 2316 (CHAPTER 369, AB 465)κ
(II) Demonstrates that the proposed change in schedule is required by or directly related to a regulation or order of the Federal Communications Commission; and
(III) Except as otherwise provided in subsection 2, files the letter of advice not later than 5 years after the Commission has issued a final order on a general rate application filed by the applicant in accordance with subsection 3 of NRS 704.110; and
(2) The Commission shall determine whether it should dispense with a hearing regarding the proposed change.
Κ Not later than 10 business days after the filing of a letter of advice pursuant to subparagraph (1), the Regulatory Operations Staff of the Commission or any other interested party may file with the Commission a request that the Commission order an applicant to file a general rate application in accordance with subsection 3 of NRS 704.110. The Commission may hold a hearing to consider such a request.
(h) In making the determination pursuant to paragraph (f) or (g), the Commission shall first consider all timely written protests, any presentation that the Regulatory Operations Staff of the Commission may desire to present, the application of the public utility and any other matters deemed relevant by the Commission.
2. An applicant that is a small-scale provider of last resort may submit to the Commission a written request for a waiver of the 5-year period specified in sub-subparagraph (III) of subparagraph (1) of paragraph (g) of subsection 1. The Commission shall, not later than 90 days after receipt of such a request, issue an order approving or denying the request. The Commission may approve the request if the applicant provides proof satisfactory to the Commission that the applicant is not earning more than the rate of return authorized by the Commission and that it is in the public interest for the Commission to grant the request for a waiver. The Commission shall not approve a request for a waiver if the request is submitted later than 7 years after the issuance by the Commission of a final order on a general rate application filed by the applicant in accordance with subsection 3 of NRS 704.110. If the Commission approves a request for a waiver submitted pursuant to this subsection, the applicant shall file the letter of advice pursuant to subparagraph (1) of paragraph (g) of subsection 1 not earlier than 120 days after the date on which the applicant submitted the request for a waiver pursuant to this subsection, unless the order issued by the Commission approving the request for a waiver specifies a different period for the filing of the letter of advice.
3. As used in this section, electric utility has the meaning ascribed to it in NRS 704.187.
Sec. 3. NRS 704.110 is hereby amended to read as follows:
704.110 Except as otherwise provided in NRS 704.075 and 704.68861 to 704.68887, inclusive, and section 1 of this act, or as may otherwise be provided by the Commission pursuant to NRS 704.095 or 704.097:
1. If a public utility files with the Commission an application to make changes in any schedule, including, without limitation, changes that will result in a discontinuance, modification or restriction of service, the Commission shall investigate the propriety of the proposed changes to determine whether to approve or disapprove the proposed changes. If an electric utility files such an application and the application is a general rate application or an annual deferred energy accounting adjustment application, the Consumers Advocate shall be deemed a party of record.
κ2019 Statutes of Nevada, Page 2317 (CHAPTER 369, AB 465)κ
application or an annual deferred energy accounting adjustment application, the Consumers Advocate shall be deemed a party of record.
2. Except as otherwise provided in subsection 3, if a public utility files with the Commission an application to make changes in any schedule, the Commission shall, not later than 210 days after the date on which the application is filed, issue a written order approving or disapproving, in whole or in part, the proposed changes.
3. If a public utility files with the Commission a general rate application, the public utility shall submit with its application a statement showing the recorded results of revenues, expenses, investments and costs of capital for its most recent 12 months for which data were available when the application was prepared. Except as otherwise provided in subsection 4, in determining whether to approve or disapprove any increased rates, the Commission shall consider evidence in support of the increased rates based upon actual recorded results of operations for the same 12 months, adjusted for increased revenues, any increased investment in facilities, increased expenses for depreciation, certain other operating expenses as approved by the Commission and changes in the costs of securities which are known and are measurable with reasonable accuracy at the time of filing and which will become effective within 6 months after the last month of those 12 months, but the public utility shall not place into effect any increased rates until the changes have been experienced and certified by the public utility to the Commission and the Commission has approved the increased rates. The Commission shall also consider evidence supporting expenses for depreciation, calculated on an annual basis, applicable to major components of the public utilitys plant placed into service during the recorded test period or the period for certification as set forth in the application. Adjustments to revenues, operating expenses and costs of securities must be calculated on an annual basis. Within 90 days after the date on which the certification required by this subsection is filed with the Commission, or within the period set forth in subsection 2, whichever time is longer, the Commission shall make such order in reference to the increased rates as is required by this chapter. The following public utilities shall each file a general rate application pursuant to this subsection based on the following schedule:
(a) An electric utility that primarily serves less densely populated counties shall file a general rate application not later than 5 p.m. on or before the first Monday in June 2010, and at least once every 36 months thereafter.
(b) An electric utility that primarily serves densely populated counties shall file a general rate application not later than 5 p.m. on or before the first Monday in June 2011, and at least once every 36 months thereafter.
(c) A public utility that furnishes water for municipal, industrial or domestic purposes or services for the disposal of sewage, or both, which had an annual gross operating revenue of $2,000,000 or more for at least 1 year during the immediately preceding 3 years and which had not filed a general rate application with the Commission on or after July 1, 2005, shall file a general rate application on or before June 30, 2008, and at least once every 36 months thereafter unless waived by the Commission pursuant to standards adopted by regulation of the Commission. If a public utility furnishes both water and services for the disposal of sewage, its annual gross operating revenue for each service must be considered separately for determining whether the public utility meets the requirements of this paragraph for either service.
κ2019 Statutes of Nevada, Page 2318 (CHAPTER 369, AB 465)κ
(d) A public utility that furnishes water for municipal, industrial or domestic purposes or services for the disposal of sewage, or both, which had an annual gross operating revenue of $2,000,000 or more for at least 1 year during the immediately preceding 3 years and which had filed a general rate application with the Commission on or after July 1, 2005, shall file a general rate application on or before June 30, 2009, and at least once every 36 months thereafter unless waived by the Commission pursuant to standards adopted by regulation of the Commission. If a public utility furnishes both water and services for the disposal of sewage, its annual gross operating revenue for each service must be considered separately for determining whether the public utility meets the requirements of this paragraph for either service.
Κ The Commission shall adopt regulations setting forth standards for waivers pursuant to paragraphs (c) and (d) and for including the costs incurred by the public utility in preparing and presenting the general rate application before the effective date of any change in rates.
4. In addition to submitting the statement required pursuant to subsection 3, a public utility may submit with its general rate application a statement showing the effects, on an annualized basis, of all expected changes in circumstances. If such a statement is filed, it must include all increases and decreases in revenue and expenses which may occur within 210 days after the date on which its general rate application is filed with the Commission if such expected changes in circumstances are reasonably known and are measurable with reasonable accuracy. If a public utility submits such a statement, the public utility has the burden of proving that the expected changes in circumstances set forth in the statement are reasonably known and are measurable with reasonable accuracy. The Commission shall consider expected changes in circumstances to be reasonably known and measurable with reasonable accuracy if the expected changes in circumstances consist of specific and identifiable events or programs rather than general trends, patterns or developments, have an objectively high probability of occurring to the degree, in the amount and at the time expected, are primarily measurable by recorded or verifiable revenues and expenses and are easily and objectively calculated, with the calculation of the expected changes relying only secondarily on estimates, forecasts, projections or budgets. If the Commission determines that the public utility has met its burden of proof:
(a) The Commission shall consider the statement submitted pursuant to this subsection and evidence relevant to the statement, including all reasonable projected or forecasted offsets in revenue and expenses that are directly attributable to or associated with the expected changes in circumstances under consideration, in addition to the statement required pursuant to subsection 3 as evidence in establishing just and reasonable rates for the public utility; and
(b) The public utility is not required to file with the Commission the certification that would otherwise be required pursuant to subsection 3.
5. If a public utility files with the Commission an application to make changes in any schedule and the Commission does not issue a final written order regarding the proposed changes within the time required by this section, the proposed changes shall be deemed to be approved by the Commission.
κ2019 Statutes of Nevada, Page 2319 (CHAPTER 369, AB 465)κ
6. If a public utility files with the Commission a general rate application, the public utility shall not file with the Commission another general rate application until all pending general rate applications filed by that public utility have been decided by the Commission unless, after application and hearing, the Commission determines that a substantial financial emergency would exist if the public utility is not permitted to file another general rate application sooner. The provisions of this subsection do not prohibit the public utility from filing with the Commission, while a general rate application is pending, an application to recover the increased cost of purchased fuel, purchased power, or natural gas purchased for resale pursuant to subsection 7, a quarterly rate adjustment pursuant to subsection 8 or 10, any information relating to deferred accounting requirements pursuant to NRS 704.185 or an annual deferred energy accounting adjustment application pursuant to NRS 704.187, if the public utility is otherwise authorized to so file by those provisions.
7. A public utility may file an application to recover the increased cost of purchased fuel, purchased power, or natural gas purchased for resale once every 30 days. The provisions of this subsection do not apply to:
(a) An electric utility which is required to adjust its rates on a quarterly basis pursuant to subsection 10; or
(b) A public utility which purchases natural gas for resale and which adjusts its rates on a quarterly basis pursuant to subsection 8.
8. A public utility which purchases natural gas for resale must request approval from the Commission to adjust its rates on a quarterly basis between annual rate adjustment applications based on changes in the public utilitys recorded costs of natural gas purchased for resale. A public utility which purchases natural gas for resale and which adjusts its rates on a quarterly basis may request approval from the Commission to make quarterly adjustments to its deferred energy accounting adjustment. The Commission shall approve or deny such a request not later than 120 days after the application is filed with the Commission. The Commission may approve the request if the Commission finds that approval of the request is in the public interest. If the Commission approves a request to make quarterly adjustments to the deferred energy accounting adjustment of a public utility pursuant to this subsection, any quarterly adjustment to the deferred energy accounting adjustment must not exceed 2.5 cents per therm of natural gas. If the balance of the public utilitys deferred account varies by less than 5 percent from the public utilitys annual recorded costs of natural gas which are used to calculate quarterly rate adjustments, the deferred energy accounting adjustment must be set to zero cents per therm of natural gas.
9. If the Commission approves a request to make any rate adjustments on a quarterly basis pursuant to subsection 8:
(a) The public utility shall file written notice with the Commission before the public utility makes a quarterly rate adjustment. A quarterly rate adjustment is not subject to the requirements for notice and a hearing pursuant to NRS 703.320 or the requirements for a consumer session pursuant to subsection 1 of NRS 704.069.
(b) The public utility shall provide written notice of each quarterly rate adjustment to its customers by including the written notice with a customers regular monthly bill. The public utility shall begin providing such written notice to its customers not later than 30 days after the date on which the public utility files its written notice with the Commission pursuant to paragraph (a).
κ2019 Statutes of Nevada, Page 2320 (CHAPTER 369, AB 465)κ
utility files its written notice with the Commission pursuant to paragraph (a). The written notice that is included with a customers regular monthly bill:
(1) Must be printed separately on fluorescent-colored paper and must not be attached to the pages of the bill; and
(2) Must include the following:
(I) The total amount of the increase or decrease in the public utilitys revenues from the rate adjustment, stated in dollars and as a percentage;
(II) The amount of the monthly increase or decrease in charges for each class of customer or class of service, stated in dollars and as a percentage;
(III) A statement that customers may send written comments or protests regarding the rate adjustment to the Commission;
(IV) A statement that the transactions and recorded costs of natural gas which are the basis for any quarterly rate adjustment will be reviewed for reasonableness and prudence in the next proceeding held by the Commission to review the annual rate adjustment application pursuant to paragraph (d); and
(V) Any other information required by the Commission.
(c) The public utility shall file an annual rate adjustment application with the Commission. The annual rate adjustment application is subject to the requirements for notice and a hearing pursuant to NRS 703.320 and the requirements for a consumer session pursuant to subsection 1 of NRS 704.069.
(d) The proceeding regarding the annual rate adjustment application must include a review of each quarterly rate adjustment and the transactions and recorded costs of natural gas included in each quarterly filing and the annual rate adjustment application. There is no presumption of reasonableness or prudence for any quarterly rate adjustment or for any transactions or recorded costs of natural gas included in any quarterly rate adjustment or the annual rate adjustment application, and the public utility has the burden of proving reasonableness and prudence in the proceeding.
(e) The Commission shall not allow the public utility to recover any recorded costs of natural gas which were the result of any practice or transaction that was unreasonable or was undertaken, managed or performed imprudently by the public utility, and the Commission shall order the public utility to adjust its rates if the Commission determines that any recorded costs of natural gas included in any quarterly rate adjustment or the annual rate adjustment application were not reasonable or prudent.
10. An electric utility shall adjust its rates on a quarterly basis based on changes in the electric utilitys recorded costs of purchased fuel or purchased power. In addition to adjusting its rates on a quarterly basis, an electric utility may request approval from the Commission to make quarterly adjustments to its deferred energy accounting adjustment. The Commission shall approve or deny such a request not later than 120 days after the application is filed with the Commission. The Commission may approve the request if the Commission finds that approval of the request is in the public interest. If the Commission approves a request to make quarterly adjustments to the deferred energy accounting adjustment of an electric utility pursuant to this subsection, any quarterly adjustment to the deferred energy accounting adjustment must not exceed 0.25 cents per kilowatt-hour of electricity. If the balance of the electric utilitys deferred account varies by less than 5 percent from the electric utilitys annual recorded costs for purchased fuel or purchased power which are used to calculate quarterly rate adjustments, the deferred energy accounting adjustment must be set to zero cents per kilowatt-hour of electricity.
κ2019 Statutes of Nevada, Page 2321 (CHAPTER 369, AB 465)κ
from the electric utilitys annual recorded costs for purchased fuel or purchased power which are used to calculate quarterly rate adjustments, the deferred energy accounting adjustment must be set to zero cents per kilowatt-hour of electricity.
11. A quarterly rate adjustment filed pursuant to subsection 10 is subject to the following requirements:
(a) The electric utility shall file written notice with the Commission on or before August 15, 2007, and every quarter thereafter of the quarterly rate adjustment to be made by the electric utility for the following quarter. The first quarterly rate adjustment by the electric utility will take effect on October 1, 2007, and each subsequent quarterly rate adjustment will take effect every quarter thereafter. The first quarterly adjustment to a deferred energy accounting adjustment must be made pursuant to an order issued by the Commission approving the application of an electric utility to make quarterly adjustments to its deferred energy accounting adjustment. A quarterly rate adjustment is not subject to the requirements for notice and a hearing pursuant to NRS 703.320 or the requirements for a consumer session pursuant to subsection 1 of NRS 704.069.
(b) The electric utility shall provide written notice of each quarterly rate adjustment to its customers by including the written notice with a customers regular monthly bill. The electric utility shall begin providing such written notice to its customers not later than 30 days after the date on which the electric utility files a written notice with the Commission pursuant to paragraph (a). The written notice that is included with a customers regular monthly bill:
(1) Must be printed separately on fluorescent-colored paper and must not be attached to the pages of the bill; and
(2) Must include the following:
(I) The total amount of the increase or decrease in the electric utilitys revenues from the rate adjustment, stated in dollars and as a percentage;
(II) The amount of the monthly increase or decrease in charges for each class of customer or class of service, stated in dollars and as a percentage;
(III) A statement that customers may send written comments or protests regarding the rate adjustment to the Commission;
(IV) A statement that the transactions and recorded costs of purchased fuel or purchased power which are the basis for any quarterly rate adjustment will be reviewed for reasonableness and prudence in the next proceeding held by the Commission to review the annual deferred energy accounting adjustment application pursuant to paragraph (d); and
(V) Any other information required by the Commission.
(c) The electric utility shall file an annual deferred energy accounting adjustment application pursuant to NRS 704.187 with the Commission. The annual deferred energy accounting adjustment application is subject to the requirements for notice and a hearing pursuant to NRS 703.320 and the requirements for a consumer session pursuant to subsection 1 of NRS 704.069.
(d) The proceeding regarding the annual deferred energy accounting adjustment application must include a review of each quarterly rate adjustment and the transactions and recorded costs of purchased fuel and purchased power included in each quarterly filing and the annual deferred energy accounting adjustment application.
κ2019 Statutes of Nevada, Page 2322 (CHAPTER 369, AB 465)κ
energy accounting adjustment application. There is no presumption of reasonableness or prudence for any quarterly rate adjustment or for any transactions or recorded costs of purchased fuel and purchased power included in any quarterly rate adjustment or the annual deferred energy accounting adjustment application, and the electric utility has the burden of proving reasonableness and prudence in the proceeding.
(e) The Commission shall not allow the electric utility to recover any recorded costs of purchased fuel and purchased power which were the result of any practice or transaction that was unreasonable or was undertaken, managed or performed imprudently by the electric utility, and the Commission shall order the electric utility to adjust its rates if the Commission determines that any recorded costs of purchased fuel and purchased power included in any quarterly rate adjustment or the annual deferred energy accounting adjustment application were not reasonable or prudent.
12. If an electric utility files an annual deferred energy accounting adjustment application pursuant to subsection 11 and NRS 704.187 while a general rate application is pending, the electric utility shall:
(a) Submit with its annual deferred energy accounting adjustment application information relating to the cost of service and rate design; and
(b) Supplement its general rate application with the same information, if such information was not submitted with the general rate application.
13. A utility facility identified in a 3-year plan submitted pursuant to NRS 704.741 and accepted by the Commission for acquisition or construction pursuant to NRS 704.751 and the regulations adopted pursuant thereto, or the retirement or elimination of a utility facility identified in an emissions reduction and capacity replacement plan submitted pursuant to NRS 704.7316 and accepted by the Commission for retirement or elimination pursuant to NRS 704.751 and the regulations adopted pursuant thereto, shall be deemed to be a prudent investment. The utility may recover all just and reasonable costs of planning and constructing, or retiring or eliminating, as applicable, such a facility. For the purposes of this subsection, a plan or an amendment to a plan shall be deemed to be accepted by the Commission only as to that portion of the plan or amendment accepted as filed or modified with the consent of the utility pursuant to NRS 704.751.
14. In regard to any rate or schedule approved or disapproved pursuant to this section, the Commission may, after a hearing:
(a) Upon the request of the utility, approve a new rate but delay the implementation of that new rate:
(1) Until a date determined by the Commission; and
(2) Under conditions as determined by the Commission, including, without limitation, a requirement that interest charges be included in the collection of the new rate; and
(b) Authorize a utility to implement a reduced rate for low-income residential customers.
15. The Commission may, upon request and for good cause shown, permit a public utility which purchases natural gas for resale or an electric utility to make a quarterly adjustment to its deferred energy accounting adjustment in excess of the maximum allowable adjustment pursuant to subsection 8 or 10.
16. A public utility which purchases natural gas for resale or an electric utility that makes quarterly adjustments to its deferred energy accounting adjustment pursuant to subsection 8 or 10 may submit to the Commission for approval an application to discontinue making quarterly adjustments to its deferred energy accounting adjustment and to subsequently make annual adjustments to its deferred energy accounting adjustment.
κ2019 Statutes of Nevada, Page 2323 (CHAPTER 369, AB 465)κ
adjustment pursuant to subsection 8 or 10 may submit to the Commission for approval an application to discontinue making quarterly adjustments to its deferred energy accounting adjustment and to subsequently make annual adjustments to its deferred energy accounting adjustment. The Commission may approve an application submitted pursuant to this subsection if the Commission finds that approval of the application is in the public interest.
17. As used in this section:
(a) Deferred energy accounting adjustment means the rate of a public utility which purchases natural gas for resale or an electric utility that is calculated by dividing the balance of a deferred account during a specified period by the total therms or kilowatt-hours which have been sold in the geographical area to which the rate applies during the specified period [.] , not including kilowatt-hours sold pursuant to an expanded solar access program established pursuant to section 1 of this act.
(b) Electric utility has the meaning ascribed to it in NRS 704.187.
(c) Electric utility that primarily serves densely populated counties means an electric utility that, with regard to the provision of electric service, derives more of its annual gross operating revenue in this State from customers located in counties whose population is 700,000 or more than it does from customers located in counties whose population is less than 700,000.
(d) Electric utility that primarily serves less densely populated counties means an electric utility that, with regard to the provision of electric service, derives more of its annual gross operating revenue in this State from customers located in counties whose population is less than 700,000 than it does from customers located in counties whose population is 700,000 or more.
________
Assembly Bill No. 216Assemblymen Tolles, Thompson, Leavitt, Kramer; Assefa, Backus, Bilbray-Axelrod, Carrillo, Duran, Fumo, Gorelow, Hafen, Hardy, Munk, Nguyen and Yeager
Joint Sponsors: Senators Hardy; Pickard and Seevers Gansert
CHAPTER 370
[Approved: June 5, 2019]
AN ACT relating to higher education; requiring the State Treasurer to establish a database of information relating to sources of funding for higher education; requiring the Attorney General to establish a program to connect victims of certain crimes with the database; and providing other matters properly relating thereto.
Legislative Counsels Digest:
The Nevada Constitution requires the State Treasurer to perform such duties as may be prescribed by law. (Nev. Const. Art. 5, § 22) This bill requires the State Treasurer to establish a statewide database containing information relating to sources of funding for higher education. This bill requires the database to include certain information about each source of funding listed in the database. This bill further requires the State Treasurer to make the database publicly available on its Internet website and to establish certain means of communication to disseminate and explain the information in the database.
κ2019 Statutes of Nevada, Page 2324 (CHAPTER 370, AB 216)κ
requires the State Treasurer to make the database publicly available on its Internet website and to establish certain means of communication to disseminate and explain the information in the database. This bill also requires the Attorney General to establish a program to connect victims of domestic violence and human trafficking with the information contained in the database. Finally, this bill authorizes both the State Treasurer and the Attorney General to accept any gift, donation, bequest, grant or other source of money to establish and maintain the database and program.
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 226 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The State Treasurer shall create and maintain a statewide database of sources of financial assistance for persons pursuing higher education.
2. The database must include, without limitation:
(a) A list of any program, scholarship, grant, student loan or other form of financial assistance for individuals seeking to pursue higher education.
(b) The contact information of each person or entity responsible for the administration of each program, scholarship, grant, student loan or other form of financial assistance listed in the database; and
(c) The demographic requirements, if any, including, without limitation, age, race and ethnicity, household size, employment status or household income, for participation in each program, scholarship, grant, student loan or other form of financial assistance listed in the database.
3. The State Treasurer:
(a) Shall make the database publicly available on an Internet website maintained by the State Treasurer.
(b) Shall establish a toll-free telephone number and a means of electronic communication via the Internet website to assist in the dissemination and explanation of the information contained in the database and any other information regarding sources of financial assistance for pursuing higher education.
(c) May employ such staff as the State Treasurer deems necessary to maintain, support and promote the use of the database.
(d) May accept any gift, donation, bequest, grant or other source of money for the purpose of carrying out the provisions of this section.
4. The Attorney General shall establish a program to market and conduct outreach to victims of domestic violence or human trafficking to connect such victims with the information contained in the database maintained by the State Treasurer pursuant to this section. The Attorney General may accept any gift, donation, bequest, grant or other source of money for the purpose of carrying out the provisions of this act.
Sec. 2. This act becomes effective on July 1, 2019.
________
κ2019 Statutes of Nevada, Page 2325κ
Assembly Bill No. 164Assemblyman Yeager
CHAPTER 371
[Approved: June 5, 2019]
AN ACT relating to marijuana; imposing certain requirements relating to advertising by a marijuana establishment and a medical marijuana establishment; revising provisions relating to medical marijuana establishment agents; providing for the registration of agents who work or volunteer at or contract with a marijuana establishment; revising provisions relating to disciplinary action against a medical marijuana establishment agent and a marijuana establishment agent; authorizing civil penalties for certain violations relating to advertising; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes the Department of Taxation to adopt regulations governing medical marijuana establishments and marijuana establishments. (NRS 453A.370, 453D.200) Existing regulations prohibit a medical marijuana establishment from using a name, logo, sign or advertisement and a marijuana establishment from using a name, logo, sign, advertisement or packaging without obtaining the approval of the Department prior to use. (NAC 453A.402, 453D.473) Sections 4 and 11 of this bill prohibit the Department from requiring a medical marijuana establishment or a marijuana establishment to obtain the approval of the Department before using a logo, sign or advertisement, thereby voiding the conflicting regulatory provisions.
Existing law that becomes effective January 1, 2020, imposes restrictions on advertising by a marijuana establishment. One such restriction prohibits a marijuana establishment from placing an advertisement at a sports or entertainment event to which persons who are less than 21 years of age are allowed entry. (NRS 453D.310) Section 12 of this bill authorizes a marijuana establishment to place an advertisement at such an entertainment event if it is reasonably estimated that less than 30 percent of the persons who will attend that entertainment event are less than 21 years of age. Existing law also prohibits a marijuana establishment from advertising on certain mediums if 30 percent or more of the audience of that medium is reasonably expected to be persons who are less than 21 years of age. (NRS 453D.310) Section 12 requires a marijuana establishment that engages in advertising for which it is required to determine the percentage of persons less than 21 years of age that may reasonably be expected to view or hear the advertisement to maintain certain documentation relating to the manner in which it determined the reasonably expected age of the audience for that advertisement. Section 12 also authorizes the Department to impose a civil penalty on a marijuana establishment for violating certain provisions relating to advertising. Section 4 imposes similar restrictions on advertising by a medical marijuana establishment and authorizes the Department to impose a civil penalty on a medical marijuana establishment for violating such provisions. Sections 4, 12, 12.3 and 12.7 of this bill authorize a local government to adopt an ordinance regulating the content of advertisements used by a marijuana establishment or medical marijuana establishment if such an ordinance sets forth specific prohibited content for such advertisements.
Existing law prohibits a person from volunteering or working at, contracting to provide labor to or being employed by an independent contractor to provide labor to a medical marijuana establishment unless the person is registered with the Department and issued a medical marijuana establishment agent registration card. (NRS 453A.332) Section 6 of this bill establishes a similar prohibition for marijuana establishments.
κ2019 Statutes of Nevada, Page 2326 (CHAPTER 371, AB 164)κ
Existing law establishes the application process and fees required to obtain a medical marijuana establishment agent registration card. (NRS 453A.332) Existing regulations provide for a similar application process and similar fees to obtain a marijuana establishment agent registration card. (NAC 453D.340) Section 6 establishes this process in statute. Section 6: (1) transfers, from regulation to statute, existing authority to collect a fee; and (2) limits the amount of that fee to the amount currently authorized by existing regulations. Section 1 of this bill removes provisions authorizing a medical marijuana establishment to submit the application and fees for a medical marijuana registration card on behalf of a prospective agent.
Existing law requires each applicant for registration as a medical marijuana establishment agent to submit to the Department a complete set of fingerprints and written permission authorizing the Department to submit the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report. (NRS 453A.332) Section 1 of this bill eliminates this requirement and instead authorizes the Department to impose this requirement on an applicant or conduct and accept any background check the Department determines to be reliable and expedient. Section 6 makes a similar change concerning applicants for registration as a marijuana establishment agent.
Existing law outlines the procedure, in accordance with federal law, for the suspension of a medical marijuana establishment agent registration card in the event that the holder fails to comply with certain requirements pertaining to the payment of child support. (NRS 453A.336, 453A.338) Sections 7 and 8 of this bill provide a similar procedure for the suspension of a marijuana establishment agent registration card.
Existing law specifies acts which constitute grounds for the immediate revocation of a medical marijuana establishment agent registration card. (NRS 453A.342) Section 3 of this bill expands the grounds for revocation to include: (1) having been electronically recorded stealing marijuana, edible marijuana products or marijuana-infused products; (2) having been convicted of any crime involving the theft of marijuana or such other marijuana products; (3) having been electronically recorded consuming marijuana on the premises of a marijuana establishment; and (4) intentionally submitting false documents to the Department or a local government. Section 9 of this bill establishes similar grounds for revoking a marijuana establishment agent registration card.
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 453A.332 is hereby amended to read as follows:
453A.332 1. Except as otherwise provided in this section, a person shall not volunteer or work at, contract to provide labor to or be employed by an independent contractor to provide labor to a medical marijuana establishment as a medical marijuana establishment agent unless the person is registered with the Department pursuant to this section.
2. A person who wishes to volunteer or work at a medical marijuana establishment [, or a medical marijuana establishment that wishes to retain as a volunteer or employ such a person,] shall submit to the Department an application on a form prescribed by the Department. The application must be accompanied by:
(a) The name, address and date of birth of the prospective medical marijuana establishment agent;
κ2019 Statutes of Nevada, Page 2327 (CHAPTER 371, AB 164)κ
(b) A statement signed by the prospective medical marijuana establishment agent pledging not to dispense or otherwise divert marijuana to any person who is not authorized to possess marijuana in accordance with the provisions of this chapter;
(c) A statement signed by the prospective medical marijuana establishment agent asserting that he or she has not previously had a medical marijuana establishment agent registration card revoked;
(d) [A complete set of the fingerprints and written permission of the prospective medical marijuana establishment agent authorizing the Department to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report;
(e)] The application fee, as set forth in NRS 453A.344; and
[(f)] (e) Such other information as the Department may require by regulation.
3. A person who wishes to contract to provide labor to or be employed by an independent contractor to provide labor to a medical marijuana establishment [, or a medical marijuana establishment that wishes to contract with such a person,] shall submit to the Department an application on a form prescribed by the Department for the registration of the independent contractor and each employee of the independent contractor who will provide labor as a medical marijuana establishment agent. The application must be accompanied by:
(a) The name, address and, if the prospective medical marijuana establishment agent has a state business license, the business identification number assigned by the Secretary of State upon compliance with the provisions of chapter 76 of NRS;
(b) The name, address and date of birth of each employee of the prospective medical marijuana establishment agent who will provide labor as a medical marijuana establishment agent;
(c) A statement signed by the prospective medical marijuana establishment agent pledging not to dispense or otherwise divert marijuana to, or allow any of its employees to dispense or otherwise divert marijuana to, any person who is not authorized to possess marijuana in accordance with the provisions of this chapter;
(d) A statement signed by the prospective medical marijuana establishment agent asserting that it has not previously had a medical marijuana establishment agent registration card revoked and that none of its employees who will provide labor as a medical marijuana establishment agent have previously had a medical marijuana establishment agent registration card revoked;
(e) [A complete set of the fingerprints of each employee of the prospective medical marijuana establishment agent who will provide labor as a medical marijuana establishment agent and written permission of the prospective medical marijuana establishment agent and each employee of the prospective medical marijuana establishment agent authorizing the Department to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report;
(f)] The application fee, as set forth in NRS 453A.344; and
[(g)] (f) Such other information as the Department may require by regulation.
κ2019 Statutes of Nevada, Page 2328 (CHAPTER 371, AB 164)κ
4. The Department may conduct any investigation of a prospective medical marijuana establishment agent and, for an independent contractor, each employee of the prospective medical marijuana establishment agent who will provide labor as a medical marijuana establishment agent, that the Department deems appropriate. In connection with such an investigation, the Department may:
(a) Conduct or accept any background check the Department determines to be reliable and expedient to determine the criminal history of the prospective medical marijuana establishment agent or the employee;
(b) Require a prospective medical marijuana establishment agent, if a natural person, and each employee of a prospective medical marijuana establishment agent who will provide labor as a medical marijuana establishment agent to submit to the Department a complete set of fingerprints and written permission authorizing the Department to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report; and
(c) If the Department imposes the requirement described in paragraph (b), submit the fingerprints of the prospective medical marijuana establishment agent and each employee of the prospective medical marijuana establishment agent who will provide labor as a medical marijuana establishment agent to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.
5. A medical marijuana establishment shall notify the Department within 10 days after a medical marijuana establishment agent ceases to be employed by, volunteer at or provide labor as a medical marijuana establishment agent to the medical marijuana establishment.
[5.] 6. A person who:
(a) Has been convicted of an excluded felony offense; or
(b) Is less than 21 years of age,
Κ shall not serve as a medical marijuana establishment agent.
[6. The Department shall submit the fingerprints of an applicant for registration as a medical marijuana establishment agent to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation to determine the criminal history of the applicant.]
7. The provisions of this section do not require a person who is an owner, officer or board member of a medical marijuana establishment to resubmit information already furnished to the Department at the time the establishment was registered with the Department.
8. If an applicant for registration as a medical marijuana establishment agent satisfies the requirements of this section and is not disqualified from serving as such an agent pursuant to this section or any other applicable law, the Department shall issue to the person and, for an independent contractor, to each person identified in the independent contractors application for registration as an employee who will provide labor as a medical marijuana establishment agent, a medical marijuana establishment agent registration card. If the Department does not act upon an application for a medical marijuana establishment agent registration card within 30 days after the date on which the application is received, the application shall be deemed conditionally approved until such time as the Department acts upon the application.
κ2019 Statutes of Nevada, Page 2329 (CHAPTER 371, AB 164)κ
application. A medical marijuana establishment agent registration card expires 1 year after the date of issuance and may be renewed upon:
(a) Resubmission of the information set forth in this section; and
(b) Payment of the renewal fee set forth in NRS 453A.344.
9. A medical marijuana establishment agent registration card issued pursuant to this section to an independent contractor or an employee of an independent contractor authorizes the independent contractor or employee to provide labor to any medical marijuana establishment in this State.
10. A medical marijuana establishment agent registration card issued pursuant to this section to a person who wishes to volunteer or work at a medical marijuana establishment authorizes the person to volunteer or work at any medical marijuana establishment in this State for which the category of the medical marijuana establishment agent registration card authorizes the person to volunteer or work.
11. Except as otherwise prescribed by regulation of the Department, an applicant for registration or renewal of registration as a medical marijuana establishment agent is deemed temporarily registered as a medical marijuana establishment agent on the date on which a complete application for registration or renewal of registration is submitted to the Department. A temporary registration as a medical marijuana establishment agent expires 30 days after the date upon which the application is received.
Sec. 2. NRS 453A.332 is hereby amended to read as follows:
453A.332 1. Except as otherwise provided in this section, a person shall not volunteer or work at, contract to provide labor to or be employed by an independent contractor to provide labor to a medical marijuana establishment as a medical marijuana establishment agent unless the person is registered with the Department pursuant to this section.
2. A person who wishes to volunteer or work at a medical marijuana establishment shall submit to the Department an application on a form prescribed by the Department. The application must be accompanied by:
(a) The name, address and date of birth of the prospective medical marijuana establishment agent;
(b) A statement signed by the prospective medical marijuana establishment agent pledging not to dispense or otherwise divert marijuana to any person who is not authorized to possess marijuana in accordance with the provisions of this chapter;
(c) A statement signed by the prospective medical marijuana establishment agent asserting that he or she has not previously had a medical marijuana establishment agent registration card or marijuana establishment agent registration card, as defined in NRS 453D.030, revoked;
(d) The application fee, as set forth in NRS 453A.344; and
(e) Such other information as the Department may require by regulation.
3. A person who wishes to contract to provide labor to or be employed by an independent contractor to provide labor to a medical marijuana establishment shall submit to the Department an application on a form prescribed by the Department for the registration of the independent contractor and each employee of the independent contractor who will provide labor as a medical marijuana establishment agent. The application must be accompanied by:
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(a) The name, address and, if the prospective medical marijuana establishment agent has a state business license, the business identification number assigned by the Secretary of State upon compliance with the provisions of chapter 76 of NRS;
(b) The name, address and date of birth of each employee of the prospective medical marijuana establishment agent who will provide labor as a medical marijuana establishment agent;
(c) A statement signed by the prospective medical marijuana establishment agent pledging not to dispense or otherwise divert marijuana to, or allow any of its employees to dispense or otherwise divert marijuana to, any person who is not authorized to possess marijuana in accordance with the provisions of this chapter;
(d) A statement signed by the prospective medical marijuana establishment agent asserting that it has not previously had a medical marijuana establishment agent registration card or marijuana establishment agent registration card, as defined in NRS 453D.030, revoked and that none of its employees who will provide labor as a medical marijuana establishment agent have previously had a medical marijuana establishment agent registration card or marijuana establishment agent registration card, as defined in NRS 453D.030, revoked;
(e) The application fee, as set forth in NRS 453A.344; and
(f) Such other information as the Department may require by regulation.
4. The Department may conduct any investigation of a prospective medical marijuana establishment agent and, for an independent contractor, each employee of the prospective medical marijuana establishment agent who will provide labor as a medical marijuana establishment agent, that the Department deems appropriate. In connection with such an investigation, the Department may:
(a) Conduct or accept any background check the Department determines to be reliable and expedient to determine the criminal history of the prospective medical marijuana establishment agent or the employee;
(b) Require a prospective medical marijuana establishment agent, if a natural person, and each employee of a prospective medical marijuana establishment agent who will provide labor as a medical marijuana establishment agent to submit to the Department a complete set of fingerprints and written permission authorizing the Department to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report; and
(c) If the Department imposes the requirement described in paragraph (b), submit the fingerprints of the prospective medical marijuana establishment agent and each employee of the prospective medical marijuana establishment agent who will provide labor as a medical marijuana establishment agent to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.
5. A medical marijuana establishment shall notify the Department within 10 days after a medical marijuana establishment agent ceases to be employed by, volunteer at or provide labor as a medical marijuana establishment agent to the medical marijuana establishment.
6. A person who:
(a) Has been convicted of an excluded felony offense; or
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(b) Is less than 21 years of age,
Κ shall not serve as a medical marijuana establishment agent.
7. The provisions of this section do not require a person who is an owner, officer or board member of a medical marijuana establishment to resubmit information already furnished to the Department at the time the establishment was registered with the Department.
8. If an applicant for registration as a medical marijuana establishment agent satisfies the requirements of this section and is not disqualified from serving as such an agent pursuant to this section or any other applicable law, the Department shall issue to the person and, for an independent contractor, to each person identified in the independent contractors application for registration as an employee who will provide labor as a medical marijuana establishment agent, a medical marijuana establishment agent registration card. If the Department does not act upon an application for a medical marijuana establishment agent registration card within 30 days after the date on which the application is received, the application shall be deemed conditionally approved until such time as the Department acts upon the application. A medical marijuana establishment agent registration card expires 1 year after the date of issuance and may be renewed upon:
(a) Resubmission of the information set forth in this section; and
(b) Payment of the renewal fee set forth in NRS 453A.344.
9. A medical marijuana establishment agent registration card issued pursuant to this section to an independent contractor or an employee of an independent contractor authorizes the independent contractor or employee to provide labor to any medical marijuana establishment in this State.
10. A medical marijuana establishment agent registration card issued pursuant to this section to a person who wishes to volunteer or work at a medical marijuana establishment authorizes the person to volunteer or work at any medical marijuana establishment in this State for which the category of the medical marijuana establishment agent registration card authorizes the person to volunteer or work.
11. Except as otherwise prescribed by regulation of the Department, an applicant for registration or renewal of registration as a medical marijuana establishment agent is deemed temporarily registered as a medical marijuana establishment agent on the date on which a complete application for registration or renewal of registration is submitted to the Department. A temporary registration as a medical marijuana establishment agent expires 30 days after the date upon which the application is received.
Sec. 3. NRS 453A.342 is hereby amended to read as follows:
453A.342 The following acts constitute grounds for the immediate revocation of the medical marijuana establishment agent registration card of a medical marijuana establishment agent:
1. Having committed or committing any excluded felony offense.
2. Dispensing, delivering or otherwise transferring marijuana to a person other than a medical marijuana establishment agent, another medical marijuana establishment or a person who holds a valid registry identification card, including, without limitation, a designated primary caregiver.
3. Having been electronically recorded by a video monitoring system stealing marijuana, edible marijuana products or marijuana-infused products.
4. Having been convicted of any crime involving the theft of marijuana, edible marijuana products or marijuana-infused products.
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5. Having been electronically recorded by a video monitoring system smoking or otherwise consuming marijuana on the premises of a medical marijuana establishment.
6. Intentionally submitting to the Department or a local government any document required under the provisions of this chapter which is false or contains any material misstatement of fact.
7. Violating a regulation of the Department, the violation of which is stated to be grounds for immediate revocation of a medical marijuana establishment agent registration card.
Sec. 4. NRS 453A.360 is hereby amended to read as follows:
453A.360 1. Each medical marijuana dispensary and facility for the production of edible marijuana products or marijuana-infused products shall, in consultation with the Department, cooperate to ensure that all edible marijuana products and marijuana-infused products offered for sale:
(a) Are labeled clearly and unambiguously:
(1) As medical marijuana with the words THIS IS A MEDICAL MARIJUANA PRODUCT in bold type; and
(2) As required by NRS 453A.320 to 453A.370, inclusive, and any regulations adopted pursuant thereto.
(b) Are not presented in packaging that contains an image of a cartoon character, mascot, action figure, balloon or toy, except that such an item may appear in the logo of the facility for the production of edible marijuana products or marijuana-infused products which produced the product.
(c) Are regulated and sold on the basis of the concentration of THC in the products and not by weight.
(d) Are packaged and labeled in such a manner as to allow tracking by way of an inventory control system.
(e) Are not packaged and labeled in a manner which is modeled after a brand of products primarily consumed by or marketed to children.
(f) Are labeled in a manner which indicates the amount of THC in the product, measured in milligrams, and includes a statement that the product contains marijuana and its potency was tested with an allowable variance of the amount determined by the Department by regulation.
(g) Are not labeled or marketed as candy.
2. A facility for the production of edible marijuana products or marijuana-infused products shall not produce edible marijuana products in any form that:
(a) Is or appears to be a lollipop.
(b) Bears the likeness or contains characteristics of a real or fictional person, animal or fruit, including, without limitation, a caricature, cartoon or artistic rendering.
(c) Is modeled after a brand of products primarily consumed by or marketed to children.
(d) Is made by applying concentrated cannabis, as defined in NRS 453.042, to a commercially available candy or snack food item other than dried fruit, nuts or granola.
3. A facility for the production of edible marijuana products or marijuana-infused products shall:
(a) Seal any edible marijuana product that consists of cookies or brownies in a bag or other container which is not transparent.
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(b) Affix a label to each edible marijuana product which includes without limitation, in a manner which must not mislead consumers, the following information:
(1) The words Keep out of reach of children;
(2) A list of all ingredients used in the edible marijuana product;
(3) A list of all allergens in the edible marijuana product; and
(4) The total weight of marijuana contained in the edible marijuana product or an equivalent measure of THC concentration.
(c) Maintain a washing area with hot water, soap and a hand dryer or disposable towels which is located away from any area in which edible marijuana products are cooked or otherwise prepared.
(d) Require each person who handles edible marijuana products to wear a hair net and clean clothing and keep his or her fingernails neatly trimmed.
(e) Package all edible marijuana products or marijuana-infused products produced by the facility for the production of edible marijuana products or marijuana-infused products on the premises of the facility for the production of edible marijuana products or marijuana-infused products.
4. A medical marijuana dispensary or facility for the production of edible marijuana products or marijuana-infused products shall not engage in advertising that in any way makes marijuana, edible marijuana products or marijuana-infused products appeal to children, including without limitation, advertising which uses an image of a cartoon character, mascot, action figure, balloon, fruit or toy.
5. Each medical marijuana dispensary shall offer for sale containers for the storage of marijuana, edible marijuana products and marijuana-infused products which lock and are designed to prohibit children from unlocking and opening the container.
6. A medical marijuana dispensary shall:
(a) Include a written notification with each sale of marijuana, edible marijuana products or marijuana-infused products which advises the purchaser:
(1) To keep marijuana, edible marijuana products and marijuana-infused products out of the reach of children;
(2) That edible marijuana products can cause severe illness in children;
(3) That allowing children to ingest marijuana or edible marijuana products or storing marijuana or edible marijuana products in a location which is accessible to children may result in an investigation by an agency which provides child welfare services or criminal prosecution for child abuse or neglect;
(4) That the intoxicating effects of edible marijuana products may be delayed by 2 hours or more and users of edible marijuana products should initially ingest a small amount of the product, then wait at least 120 minutes before ingesting any additional amount of the product;
(5) That pregnant women should consult with a physician before ingesting marijuana or edible marijuana products;
(6) That ingesting marijuana or edible marijuana products with alcohol or other drugs, including prescription medication, may result in unpredictable levels of impairment and that a person should consult with a physician before doing so;
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(7) That marijuana or edible marijuana products can impair concentration, coordination and judgment and a person should not operate a motor vehicle while under the influence of marijuana or edible marijuana products; and
(8) That ingestion of any amount of marijuana or edible marijuana products before driving may result in criminal prosecution for driving under the influence.
(b) Enclose all marijuana, edible marijuana products and marijuana-infused products in opaque, child-resistant packaging upon sale.
7. A medical marijuana dispensary shall allow any person who is at least 21 years of age to enter the premises of the medical marijuana dispensary, regardless of whether such a person holds a valid registry identification card or letter of approval.
8. If the health authority, as defined in NRS 446.050, where a facility for the production of edible marijuana products or marijuana-infused products or medical marijuana dispensary which sells edible marijuana products is located requires persons who handle food at a food establishment to obtain certification, the facility for the production of edible marijuana products or marijuana-infused products or medical marijuana dispensary shall ensure that at least one employee maintains such certification.
9. A medical marijuana establishment:
(a) Shall not engage in advertising which contains any statement or illustration that:
(1) Is false or misleading;
(2) Promotes overconsumption of marijuana, edible marijuana products or marijuana-infused products;
(3) Depicts the actual consumption of marijuana, edible marijuana products or marijuana-infused products; or
(4) Depicts a child or other person who is less than 21 years of age consuming marijuana, edible marijuana products or marijuana-infused products or objects suggesting the presence of a child, including, without limitation, toys, characters or cartoons, or contains any other depiction which is designed in any manner to be appealing to or encourage consumption of marijuana, edible marijuana products or marijuana-infused products by a person who is less than 21 years of age.
(b) Shall not advertise in any publication or on radio, television or any other medium if 30 percent or more of the audience of that medium is reasonably expected to be persons who are less than 21 years of age.
(c) Shall not place an advertisement:
(1) Within 1,000 feet of a public or private school, playground, public park or library, but may maintain such an advertisement if it was initially placed before the school, playground, public park or library was located within 1,000 feet of the location of the advertisement;
(2) On or inside of a motor vehicle used for public transportation or any shelter for public transportation;
(3) At a sports event to which persons who are less than 21 years of age are allowed entry; or
(4) At an entertainment event if it is reasonably estimated that 30 percent or more of the persons who will attend that entertainment event are less than 21 years of age.
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(d) Shall not advertise or offer any marijuana, edible marijuana product or marijuana-infused product as free or donated without a purchase.
(e) Shall ensure that all advertising by the medical marijuana establishment contains such warnings as may be prescribed by the Department, which must include, without limitation, the following words:
(1) Keep out of reach of children; and
(2) For use only by adults 21 years of age and older.
10. If a medical marijuana establishment engages in advertising for which it is required to determine the percentage of persons who are less than 21 years of age and who may reasonably be expected to view or hear the advertisement, the medical marijuana establishment shall maintain documentation for not less than 5 years after the date on which the advertisement is first broadcasted, published or otherwise displayed that demonstrates the manner in which the medical marijuana establishment determined the reasonably expected age of the audience for that advertisement.
11. Nothing in subsection 9 shall be construed to prohibit a local government, pursuant to chapter 244, 268 or 278 of NRS, from adopting an ordinance for the regulation of advertising relating to marijuana which is more restrictive than the provisions of subsection 9 relating to:
(a) The number, location and size of signs, including, without limitation, any signs carried or displayed by a natural person;
(b) Handbills, pamphlets, cards or other types of advertisements that are distributed, excluding an advertisement placed in a newspaper of general circulation, trade publication or other form of print media;
(c) Any stationary or moving display that is located on or near the premises of a medical marijuana establishment; and
(d) The content of any advertisement used by a medical marijuana establishment if the ordinance sets forth specific prohibited content for such an advertisement.
12. The Department shall not require a medical marijuana establishment to obtain the approval of the Department before using a logo, sign or advertisement.
13. In addition to any other penalties provided for by law, the Department may impose a civil penalty upon a medical marijuana establishment that violates the provisions of subsection 9 or 10 as follows:
(a) For the first violation in the immediately preceding 2 years, a civil penalty not to exceed $1,250.
(b) For the second violation in the immediately preceding 2 years, a civil penalty not to exceed $2,500.
(c) For the third violation in the immediately preceding 2 years, a civil penalty not to exceed $5,000.
(d) For the fourth violation in the immediately preceding 2 years, a civil penalty not to exceed $10,000.
14. As used in this section, motor vehicle used for public transportation does not include a taxicab, as defined in NRS 706.124.
Sec. 5. Chapter 453D of NRS is hereby amended by adding thereto the provisions set forth as sections 6 to 9, inclusive, of this act.
Sec. 6. 1. Except as otherwise provided in this section, a person shall not volunteer or work at, contract to provide labor to or be employed by an independent contractor to provide labor to a marijuana establishment as a marijuana establishment agent unless the person is registered with the Department pursuant to this section.
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establishment as a marijuana establishment agent unless the person is registered with the Department pursuant to this section.
2. A person who wishes to volunteer or work at a marijuana establishment shall submit to the Department an application on a form prescribed by the Department. The application must be accompanied by:
(a) The name, address and date of birth of the prospective marijuana establishment agent;
(b) A statement signed by the prospective marijuana establishment agent pledging not to dispense or otherwise divert marijuana to any person who is not authorized to possess marijuana in accordance with the provisions of this chapter;
(c) A statement signed by the prospective marijuana establishment agent asserting that he or she has not previously had a medical marijuana establishment agent registration card or marijuana establishment agent registration card revoked;
(d) An application fee not to exceed $75; and
(e) Such other information as the Department may require by regulation.
3. A person who wishes to contract to provide labor to or be employed by an independent contractor to provide labor to a marijuana establishment shall submit to the Department an application on a form prescribed by the Department for the registration of the independent contractor and each employee of the independent contractor who will provide labor as a marijuana establishment agent. The application must be accompanied by:
(a) The name, address and, if the prospective marijuana establishment agent has a state business license, the business identification number assigned by the Secretary of State upon compliance with the provisions of chapter 76 of NRS;
(b) The name, address and date of birth of each employee of the prospective marijuana establishment agent who will provide labor as a marijuana establishment agent;
(c) A statement signed by the prospective marijuana establishment agent pledging not to dispense or otherwise divert marijuana to, or allow any of its employees to dispense or otherwise divert marijuana to, any person who is not authorized to possess marijuana in accordance with the provisions of this chapter;
(d) A statement signed by the prospective marijuana establishment agent asserting that it has not previously had a marijuana establishment agent registration card or medical marijuana agent registration card revoked and none of its employees who will provide labor as a marijuana establishment agent have previously had a medical marijuana establishment agent registration card or marijuana establishment registration card revoked;
(e) An application fee not to exceed $75 for the prospective marijuana establishment agent and for each employee of the prospective marijuana establishment who will provide labor as a marijuana establishment agent; and
(f) Such other information as the Department may require by regulation.
4. The Department may conduct any investigation of a prospective marijuana establishment agent and, for an independent contractor, each employee of the prospective marijuana establishment agent who will provide labor as a marijuana establishment agent, that the Department deems appropriate.
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employee of the prospective marijuana establishment agent who will provide labor as a marijuana establishment agent, that the Department deems appropriate. In connection with such an investigation, the Department may:
(a) Conduct or accept any background check the Department determines to be reliable and expedient to determine the criminal history of the prospective marijuana establishment agent or the employee;
(b) Require a prospective marijuana establishment agent, if a natural person, and each employee of a prospective marijuana establishment agent who will provide labor as a marijuana establishment agent to submit to the Department a complete set of fingerprints and written permission authorizing the Department to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report; and
(c) If the Department imposes the requirement described in paragraph (b), submit the fingerprints of the prospective marijuana establishment agent and each employee of the prospective marijuana establishment agent who will provide labor as a marijuana establishment agent to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.
5. A marijuana establishment shall notify the Department within 10 days after a marijuana establishment agent ceases to be employed by, volunteer at or provide labor as a marijuana establishment agent to the marijuana establishment.
6. A person who:
(a) Has been convicted of an excluded felony offense; or
(b) Is less than 21 years of age,
Κ shall not serve as a marijuana establishment agent.
7. The provisions of this section do not require a person who is an owner, officer or board member of a marijuana establishment to resubmit information already furnished to the Department at the time the establishment was registered with the Department.
8. If an applicant for registration as a marijuana establishment agent satisfies the requirements of this section and is not disqualified from serving as such an agent pursuant to this section or any other applicable law, the Department shall issue to the person and, for an independent contractor, to each person identified in the independent contractors application for registration as an employee who will provide labor as a marijuana establishment agent, a marijuana establishment agent registration card. If the Department does not act upon an application for a marijuana establishment registration card within 30 days after the date on which the application is received, the application shall be deemed conditionally approved until such time as the Department acts upon the application. A marijuana establishment agent registration card expires 1 year after the date of issuance and may be renewed upon:
(a) Resubmission of the information set forth in this section; and
(b) Payment of a renewal fee not to exceed $75.
9. A marijuana establishment agent registration card issued pursuant to this section to an independent contractor or an employee of an independent contractor authorizes the independent contractor or employee to provide labor to any marijuana establishment in this State.
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10. A marijuana establishment agent registration card issued pursuant to this section to a person who wishes to volunteer or work at a marijuana establishment authorizes the person to volunteer or work at any marijuana establishment in this State for which the category of the marijuana establishment agent registration card authorizes the person to volunteer or work.
11. Except as otherwise prescribed by regulation of the Department, an applicant for registration or renewal of registration as a marijuana establishment agent is deemed temporarily registered as a marijuana establishment agent on the date on which a complete application for registration or renewal of registration is submitted to the Department. A temporary registration as a marijuana establishment agent expires 30 days after the date upon which the application is received.
Sec. 7. 1. In addition to any other requirements set forth in this chapter, an applicant for the issuance or renewal of a marijuana establishment agent registration card shall:
(a) Include the social security number of the applicant in the application submitted to the Department.
(b) Submit to the Department the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.
2. The Department shall include the statement required pursuant to subsection 1 in:
(a) The application or any other forms that must be submitted for the issuance or renewal of the marijuana establishment agent registration card; or
(b) A separate form prescribed by the Department.
3. A marijuana establishment agent registration card may not be issued or renewed by the Department if the applicant:
(a) Fails to submit the statement required pursuant to subsection 1; or
(b) Indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.
4. If an applicant indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Department shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.
Sec. 8. 1. If the Department receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a marijuana establishment agent registration card, the Department shall deem the card issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the Department receives a letter issued to the holder of the card by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the card has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
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pursuant to NRS 425.550 stating that the holder of the card has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
2. The Department shall reinstate a marijuana establishment agent registration card that has been suspended by a district court pursuant to NRS 425.540 if the Department receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose card was suspended stating that the person whose card was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
Sec. 9. The following acts constitute grounds for the immediate revocation of the marijuana establishment agent registration card of a marijuana establishment agent:
1. Having committed or committing any excluded felony offense.
2. Dispensing, delivering or otherwise transferring marijuana to a person who is not authorized by law to possess marijuana in accordance with the provisions of this chapter.
3. Having been electronically recorded by a video monitoring system stealing marijuana or marijuana products.
4. Having been convicted of any crime involving the theft of marijuana or marijuana products.
5. Having been electronically recorded by a video monitoring system smoking or otherwise consuming marijuana on the premises of a marijuana establishment.
6. Intentionally submitting to the Department or a local government any document required under the provisions of this chapter which is false or contains any material misstatement of fact.
7. Violating a regulation of the Department, the violation of which is stated to be grounds for immediate revocation of a marijuana establishment agent registration card.
Sec. 10. NRS 453D.030 is hereby amended to read as follows:
453D.030 As used in this chapter, unless the context otherwise requires:
1. Community facility means a facility licensed to provide day care to children, a public park, a public playground, a public swimming pool, a center or facility the primary purpose of which is to provide recreational opportunities or services to children or adolescents, or a church, synagogue, or other building, structure, or place used for religious worship or other religious purpose.
2. Concentrated marijuana means the separated resin, whether crude or purified, obtained from marijuana.
3. Consumer means a person who is 21 years of age or older who purchases marijuana or marijuana products for use by persons 21 years of age or older, but not for resale to others.
4. Department means the Department of Taxation.
5. Dual licensee means a person or group of persons who possess a current, valid registration certificate to operate a medical marijuana establishment pursuant to chapter 453A of NRS and a license to operate a marijuana establishment under this chapter.
6. Excluded felony offense means a conviction of an offense that would constitute a category A felony if committed in Nevada or convictions for two or more offenses that would constitute felonies if committed in Nevada.
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for two or more offenses that would constitute felonies if committed in Nevada. Excluded felony offense does not include:
(a) A criminal offense for which the sentence, including any term of probation, incarceration, or supervised release, was completed more than 10 years ago; or
(b) An offense involving conduct that would be immune from arrest, prosecution, or penalty pursuant to chapter 453A of NRS, except that the conduct occurred before the effective date of chapter 453A of NRS (October 1, 2001), or was prosecuted by an authority other than the State of Nevada.
7. Locality means a city or town, or, in reference to a location outside the boundaries of a city or town, a county.
8. Marijuana means all parts of any plant of the genus Cannabis, whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. Marijuana does not include:
(a) The mature stems of the plant, fiber produced from the stems, oil, or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stems (except the resin extracted therefrom), fiber, oil, or cake, the sterilized seed of the plant which is incapable of germination; or
(b) The weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink, or other products.
9. Marijuana cultivation facility means an entity licensed to cultivate, process, and package marijuana, to have marijuana tested by a marijuana testing facility, and to sell marijuana to retail marijuana stores, to marijuana product manufacturing facilities, and to other marijuana cultivation facilities, but not to consumers.
10. Marijuana distributor means an entity licensed to transport marijuana from a marijuana establishment to another marijuana establishment.
11. Marijuana establishment means a marijuana cultivation facility, a marijuana testing facility, a marijuana product manufacturing facility, a marijuana distributor, or a retail marijuana store.
12. Marijuana establishment agent means an owner, officer, board member, employee or volunteer of a marijuana establishment, an independent contractor who provides labor relating to the cultivation, processing or distribution of marijuana or the production of marijuana or marijuana products for a marijuana establishment or an employee of such an independent contractor.
13. Marijuana establishment agent registration card means a registration card that is issued by the Department pursuant to section 6 of this act to authorize a person to volunteer or work at a marijuana establishment.
14. Marijuana product manufacturing facility means an entity licensed to purchase marijuana, manufacture, process, and package marijuana and marijuana products, and sell marijuana and marijuana products to other marijuana product manufacturing facilities and to retail marijuana stores, but not to consumers.
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[13.] 15. Marijuana products means products comprised of marijuana or concentrated marijuana and other ingredients that are intended for use or consumption, such as, but not limited to, edible products, ointments, and tinctures.
[14.] 16. Marijuana paraphernalia means any equipment, products, and materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, preparing, testing, analyzing, packaging, repacking, storing, or containing marijuana, or for ingesting, inhaling, or otherwise introducing marijuana into the human body.
[15.] 17. Marijuana testing facility means an entity licensed to test marijuana and marijuana products, including for potency and contaminants.
[16.] 18. Process means to harvest, dry, cure, trim, and separate parts of the marijuana plant by manual or mechanical means, such as sieving or ice water separation, but not by chemical extraction or chemical synthesis.
[17.] 19. Public place means an area to which the public is invited or in which the public is permitted regardless of age. Public place does not include a retail marijuana store.
[18.] 20. Retail marijuana store means an entity licensed to purchase marijuana from marijuana cultivation facilities, to purchase marijuana and marijuana products from marijuana product manufacturing facilities and retail marijuana stores, and to sell marijuana and marijuana products to consumers.
[19.] 21. Unreasonably impracticable means that the measures necessary to comply with the regulations require such a high investment of risk, money, time, or any other resource or asset that the operation of a marijuana establishment is not worthy of being carried out in practice by a reasonably prudent businessperson.
Sec. 11. NRS 453D.200 is hereby amended to read as follows:
453D.200 1. Not later than January 1, 2018, the Department shall adopt all regulations necessary or convenient to carry out the provisions of this chapter. The regulations must not prohibit the operation of marijuana establishments, either expressly or through regulations that make their operation unreasonably impracticable. The regulations shall include:
(a) Procedures for the issuance, renewal, suspension, and revocation of a license to operate a marijuana establishment;
(b) Qualifications for licensure that are directly and demonstrably related to the operation of a marijuana establishment;
(c) Requirements for the security of marijuana establishments;
(d) Requirements to prevent the sale or diversion of marijuana and marijuana products to persons under 21 years of age;
(e) Requirements for the packaging of marijuana and marijuana products, including requirements for child-resistant packaging;
(f) Requirements for the testing and labeling of marijuana and marijuana products sold by marijuana establishments including a numerical indication of potency based on the ratio of THC to the weight of a product intended for oral consumption;
(g) Requirements for record keeping by marijuana establishments;
(h) Reasonable restrictions on signage, marketing, display, and advertising [;] , except that such restrictions must not require a marijuana establishment to obtain the approval of the Department before using a logo, sign or advertisement;
κ2019 Statutes of Nevada, Page 2342 (CHAPTER 371, AB 164)κ
(i) Procedures for the collection of taxes, fees, and penalties imposed by this chapter;
(j) Procedures and requirements to enable the transfer of a license for a marijuana establishment to another qualified person and to enable a licensee to move the location of its establishment to another suitable location;
(k) Procedures and requirements to enable a dual licensee to operate medical marijuana establishments and marijuana establishments at the same location;
(l) Procedures to establish the fair market value at wholesale of marijuana; and
(m) Civil penalties for the failure to comply with any regulation adopted pursuant to this section or for any violation of the provisions of NRS 453D.300.
2. The Department shall approve or deny applications for licenses pursuant to NRS 453D.210.
3. The Department may by motion or on complaint, after investigation, notice of the specific violation, and an opportunity for a hearing, pursuant to the provisions of chapter 233B of NRS, suspend, revoke, or fine a licensee for the violation of this chapter or for a violation of a regulation adopted by the Department pursuant to this section.
4. The Department may immediately suspend the license of any marijuana establishment if the marijuana establishment knowingly sells, delivers, or otherwise transfers marijuana in violation of this chapter or knowingly purchases marijuana from any person not licensed pursuant to this chapter or to chapter 453A of NRS. The Department must provide an opportunity for a hearing pursuant to the provisions of NRS 233B.121 within a reasonable time from a suspension pursuant to this subsection.
5. To ensure that individual privacy is protected:
(a) The Department shall not require a consumer to provide a retail marijuana store with identifying information other than government-issued identification to determine the consumers age; and
(b) A retail marijuana store must not be required to acquire and record personal information about consumers other than information typically acquired in a financial transaction conducted at a retail liquor store.
6. The Department shall conduct a background check of each prospective owner, officer, and board member of a marijuana establishment license applicant.
7. The Department shall inspect marijuana establishments as necessary to enforce this chapter or the regulations adopted pursuant to this section.
Sec. 12. NRS 453D.310 is hereby amended to read as follows:
453D.310 1. Each retail marijuana store and marijuana product manufacturing facility shall, in consultation with the Department, cooperate to ensure that all marijuana products offered for sale:
(a) Are labeled clearly and unambiguously:
(1) As marijuana with the words THIS IS A MARIJUANA PRODUCT in bold type; and
(2) As required by this chapter and any regulations adopted pursuant thereto.
(b) Are not presented in packaging that contains an image of a cartoon character, mascot, action figure, balloon or toy, except that such an item may appear in the logo of the marijuana product manufacturing facility which produced the product.
κ2019 Statutes of Nevada, Page 2343 (CHAPTER 371, AB 164)κ
(c) Are regulated and sold on the basis of the concentration of THC in the products and not by weight.
(d) Are packaged and labeled in such a manner as to allow tracking by way of an inventory control system.
(e) Are not packaged and labeled in a manner which is modeled after a brand of products primarily consumed by or marketed to children.
(f) Are labeled in a manner which indicates the number of servings of THC in the product, measured in servings of a maximum of 10 milligrams per serving, and includes a statement that the product contains marijuana and its potency was tested with an allowable variance of the amount determined by the Department by regulation.
(g) Are not labeled or marketed as candy.
2. A marijuana product must be sold in a single package. A single package must not contain:
(a) For a marijuana product sold as a capsule, more than 100 milligrams of THC per capsule or more than 800 milligrams of THC per package.
(b) For a marijuana product sold as a tincture, more than 800 milligrams of THC.
(c) For a marijuana product sold as a food product, more than 100 milligrams of THC.
(d) For a marijuana product sold as a topical product, a concentration of more than 6 percent THC or more than 800 milligrams of THC per package.
(e) For a marijuana product sold as a suppository or transdermal patch, more than 100 milligrams of THC per suppository or transdermal patch or more than 800 milligrams of THC per package.
(f) For any other marijuana product, more than 800 milligrams of THC.
3. A marijuana product manufacturing facility shall not produce marijuana products in any form that:
(a) Is or appears to be a lollipop or ice cream.
(b) Bears the likeness or contains characteristics of a real or fictional person, animal or fruit, including, without limitation, a caricature, cartoon or artistic rendering.
(c) Is modeled after a brand of products primarily consumed by or marketed to children.
(d) Is made by applying concentrated marijuana to a commercially available candy or snack food item other than dried fruit, nuts or granola.
4. A marijuana product manufacturing facility shall:
(a) Seal any marijuana product that consists of cookies or brownies in a bag or other container which is not transparent.
(b) Affix a label to each marijuana product intended for human consumption by oral ingestion which includes, without limitation, in a manner which must not mislead consumers, the following information:
(1) The words Keep out of reach of children;
(2) A list of all ingredients used in the marijuana product;
(3) A list of all allergens in the marijuana product; and
(4) The total weight of marijuana contained in the marijuana product or an equivalent measure of THC concentration.
(c) Maintain a washing area with hot water, soap and a hand dryer or disposable towels which is located away from any area in which marijuana products intended for human consumption by oral ingestion are cooked or otherwise prepared.
κ2019 Statutes of Nevada, Page 2344 (CHAPTER 371, AB 164)κ
(d) Require each person who handles marijuana products intended for human consumption by oral ingestion to wear a hair net and clean clothing and keep his or her fingernails neatly trimmed.
(e) Package all marijuana products produced by the marijuana product manufacturing facility on the premises of the marijuana product manufacturing facility.
5. A retail marijuana store or marijuana product manufacturing facility shall not engage in advertising that in any way makes marijuana or marijuana products appeal to children, including, without limitation, advertising which uses an image of a cartoon character, mascot, action figure, balloon, fruit or toy.
6. Each retail marijuana store shall offer for sale containers for the storage of marijuana and marijuana products which lock and are designed to prohibit children from unlocking and opening the container.
7. A retail marijuana store shall:
(a) Include a written notification with each sale of marijuana or marijuana products which advises the purchaser:
(1) To keep marijuana and marijuana products out of the reach of children;
(2) That marijuana and marijuana products can cause severe illness in children;
(3) That allowing children to ingest marijuana or marijuana products, or storing marijuana or marijuana products in a location which is accessible to children may result in an investigation by an agency which provides child welfare services or criminal prosecution for child abuse or neglect;
(4) That the intoxicating effects of marijuana products may be delayed by 2 hours or more and users of marijuana products should initially ingest a small amount of the product, then wait at least 120 minutes before ingesting any additional amount of the product;
(5) That pregnant women should consult with a physician before ingesting marijuana or marijuana products;
(6) That ingesting marijuana or marijuana products with alcohol or other drugs, including prescription medication, may result in unpredictable levels of impairment and that a person should consult with a physician before doing so;
(7) That marijuana or marijuana products can impair concentration, coordination and judgment and a person should not operate a motor vehicle while under the influence of marijuana or marijuana products; and
(8) That ingestion of any amount of marijuana or marijuana products before driving may result in criminal prosecution for driving under the influence.
(b) Enclose all marijuana and marijuana products in opaque, child-resistant packaging upon sale.
8. If the health authority, as defined in NRS 446.050, where a marijuana product manufacturing facility or retail marijuana store which sells marijuana products intended for human consumption by oral ingestion is located requires persons who handle food at a food establishment to obtain certification, the marijuana product manufacturing facility or retail marijuana store shall ensure that at least one employee maintains such certification.
9. A marijuana establishment:
(a) Shall not engage in advertising which contains any statement or illustration that:
κ2019 Statutes of Nevada, Page 2345 (CHAPTER 371, AB 164)κ
(1) Is false or misleading;
(2) Promotes overconsumption of marijuana or marijuana products;
(3) Depicts the actual consumption of marijuana or marijuana products; or
(4) Depicts a child or other person who is less than 21 years of age consuming marijuana or marijuana products or objects suggesting the presence of a child, including, without limitation, toys, characters or cartoons, or contains any other depiction which is designed in any manner to be appealing to or encourage consumption of marijuana or marijuana products by a person who is less than 21 years of age.
(b) Shall not advertise in any publication or on radio, television or any other medium if 30 percent or more of the audience of that medium is reasonably expected to be persons who are less than 21 years of age.
(c) Shall not place an advertisement:
(1) Within 1,000 feet of a public or private school, playground, public park or library, but may maintain such an advertisement if it was initially placed before the school, playground, public park or library was located within 1,000 feet of the location of the advertisement;
(2) On or inside of a motor vehicle used for public transportation or any shelter for public transportation; [or]
(3) At a sports [or entertainment] event to which persons who are less than 21 years of age are allowed entry [.] ; or
(4) At an entertainment event if it is reasonably estimated that 30 percent or more of the persons who will attend that entertainment event are less than 21 years of age.
(d) Shall not advertise or offer any marijuana or marijuana product as free or donated without a purchase.
(e) Shall ensure that all advertising by the marijuana establishment contains such warnings as may be prescribed by the Department, which must include, without limitation, the following words:
(1) Keep out of reach of children; and
(2) For use only by adults 21 years of age and older.
10. If a marijuana establishment engages in advertising for which it is required to determine the percentage of persons who are less than 21 years of age and who may reasonably be expected to view or hear the advertisement, the marijuana establishment shall maintain documentation for not less than 5 years after the date on which the advertisement is first broadcasted, published or otherwise displayed that demonstrates the manner in which the marijuana establishment determined the reasonably expected age of the audience for that advertisement.
11. Nothing in subsection 9 shall be construed to prohibit a local government, pursuant to chapter 244, 268 or 278 of NRS, from adopting an ordinance for the regulation of advertising relating to marijuana which is more restrictive than the provisions of subsection 9 relating to:
(a) The number, location and size of signs, including, without limitation, any signs carried or displayed by a natural person;
(b) Handbills, pamphlets, cards or other types of advertisements that are distributed, excluding an advertisement placed in a newspaper of general circulation, trade publication or other form of print media; [and]
(c) Any stationary or moving display that is located on or near the premises of a marijuana establishment [.] ; and
κ2019 Statutes of Nevada, Page 2346 (CHAPTER 371, AB 164)κ
(d) The content of any advertisement used by a marijuana establishment if the ordinance sets forth specific prohibited content for such an advertisement.
12. In addition to any other penalties provided for by law, the Department may impose a civil penalty upon a marijuana establishment that violates the provisions of subsection 9 or 10 as follows:
(a) For the first violation in the immediately preceding 2 years, a civil penalty not to exceed $1,250.
(b) For the second violation in the immediately preceding 2 years, a civil penalty not to exceed $2,500.
(c) For the third violation in the immediately preceding 2 years, a civil penalty not to exceed $5,000.
(d) For the fourth violation in the immediately preceding 2 years, a civil penalty not to exceed $10,000.
13. As used in this section, motor vehicle used for public transportation does not include a taxicab, as defined in NRS 706.124.
Sec. 12.3. NRS 244.35253 is hereby amended to read as follows:
244.35253 1. Except as otherwise provided in this section, a board of county commissioners shall not fix, impose or collect a license tax for revenue or for regulation, or for both revenue and regulation, on a marijuana establishment or medical marijuana establishment located in the county.
2. Except as otherwise provided in subsection 3, a board of county commissioners may fix, impose and collect a license tax for revenue or for regulation, or for both revenue and regulation, on a marijuana establishment or medical marijuana establishment located in the county outside of the limits of incorporated cities and towns as a:
(a) Flat fee;
(b) Percentage of the gross revenue of the marijuana establishment or medical marijuana establishment; or
(c) Combination of a flat fee and a percentage of gross revenue of the marijuana establishment or medical marijuana establishment.
3. The total amount of a license tax imposed on a marijuana establishment or medical marijuana establishment pursuant to subsection 2, regardless of whether the license tax is imposed in the form described in paragraph (a), (b) or (c) of subsection 2, must not exceed 3 percent of the gross revenue of the marijuana establishment or medical marijuana establishment, as applicable.
4. In addition to any amount of money collected as a license tax pursuant to subsection 2, a board of county commissioners may fix, impose and collect:
(a) Any fees required pursuant to chapter 278 of NRS;
(b) A one-time flat fee for an application for the issuance of a business license for a marijuana establishment or medical marijuana establishment located in the county outside of the limits of incorporated cities and towns in an amount that does not exceed any similar fee imposed on a business pursuant to this chapter and chapter 369 of NRS; and
(c) A licensing tax for a business activity engaged in by a marijuana establishment or medical marijuana establishment located in the county outside of the limits of incorporated cities and towns for which registration pursuant to chapter 453A of NRS or licensing pursuant to chapter 453D of NRS is not required only if:
(1) The board of county commissioners is granted the authority to require such a license by some other provision of law; and
κ2019 Statutes of Nevada, Page 2347 (CHAPTER 371, AB 164)κ
(2) The amount of the licensing tax does not exceed the amount imposed by the board of county commissioners on other similar businesses.
5. A board of county commissioners shall not enact or enforce any ordinance which is more restrictive than or conflicts with a law or regulation of this State relating to:
(a) The packaging, labeling, testing, dosage or potency of marijuana, edible marijuana products, marijuana products or marijuana-infused products;
(b) The kinds of marijuana, edible marijuana products, marijuana products and marijuana-infused products authorized to be sold pursuant to chapters 453A and 453D of NRS and any regulations adopted pursuant to chapter 453A of NRS;
(c) The use of pesticides in the cultivation of marijuana;
(d) The tracking of marijuana from seed to sale;
(e) The transportation of marijuana, edible marijuana products, marijuana products or marijuana-infused products other than the direct transportation of marijuana, edible marijuana products, marijuana products or marijuana-infused products to a consumer and a requirement to notify the county of any transportation of marijuana, edible marijuana products, marijuana products or marijuana-infused products;
(f) The issuance or verification of a registry identification card, letter of approval or written documentation;
(g) The training or certification of medical marijuana establishment agents or employees of a marijuana establishment; [or]
(h) The creation or maintenance of a registry or other system to obtain and track information relating to customers of marijuana establishments or holders of a registry identification card or letter of approval [.] ; or
(i) The content of any advertisement used by a marijuana establishment or medical marijuana establishment unless the ordinance sets forth specific prohibited content for such an advertisement.
6. A person who obtains a business license described in this section is subject to all other licensing and permitting requirements of the State and any other counties and cities in which the person does business.
7. As used in this section:
(a) Edible marijuana products has the meaning ascribed to it in NRS 453A.101.
(b) Letter of approval has the meaning ascribed to it in NRS 453A.109.
(c) Marijuana establishment has the meaning ascribed to it in NRS 453D.030.
(d) Marijuana products has the meaning ascribed to it in NRS 453D.030.
(e) Marijuana-infused products has the meaning ascribed to it in NRS 453A.112.
(f) Medical marijuana establishment has the meaning ascribed to it in NRS 453A.116.
(g) Medical marijuana establishment agent has the meaning ascribed to it in NRS 453A.117.
(h) Registry identification card has the meaning ascribed to it in NRS 453A.140.
(i) Written documentation has the meaning ascribed to it in NRS 453A.170.
κ2019 Statutes of Nevada, Page 2348 (CHAPTER 371, AB 164)κ
Sec. 12.7. NRS 268.0977 is hereby amended to read as follows:
268.0977 1. Except as otherwise provided in this section, the governing body of an incorporated city, whether organized under general law or special charter, shall not fix, impose or collect for revenues or for regulation, or both, a license tax on a marijuana establishment or medical marijuana establishment located within its corporate limits.
2. Except as otherwise provided in subsection 3, the governing body of an incorporated city, whether organized under general law or special charter, may fix, impose and collect for revenues or for regulation, or both, a license tax on a marijuana establishment or medical marijuana establishment located within its corporate limits as a:
(a) Flat fee;
(b) Percentage of the gross revenue of the marijuana establishment or medical marijuana establishment; or
(c) Combination of a flat fee and a percentage of gross revenue of the marijuana establishment or medical marijuana establishment.
3. The total amount of a license tax imposed on a marijuana establishment or medical marijuana establishment pursuant to subsection 2, regardless of whether the license tax is imposed in the form described in paragraph (a), (b) or (c) of subsection 2, must not exceed 3 percent of the gross revenue of the marijuana establishment or medical marijuana establishment, as applicable.
4. In addition to any amount of money collected as a license tax pursuant to subsection 2, the governing body of an incorporated city, whether organized under general law or special charter, may fix, impose and collect:
(a) Any fees required pursuant to chapter 278 of NRS;
(b) A one-time flat fee for an application for the issuance of a business license for a marijuana establishment or medical marijuana establishment located within its corporate limits in an amount that does not exceed any similar fee imposed on a business pursuant to this chapter and chapter 369 of NRS; and
(c) A licensing tax for a business activity engaged in by a marijuana establishment or medical marijuana establishment located within its corporate limits for which registration pursuant to chapter 453A of NRS or licensing pursuant to chapter 453D of NRS is not required only if:
(1) The governing body is granted the authority to require such a license by some other provision of law; and
(2) The amount of the licensing tax does not exceed the amount imposed by the governing body on other similar businesses.
5. The governing body of an incorporated city, whether organized under general law or special charter, shall not enact or enforce any ordinance which is more restrictive than or conflicts with a law or regulation of this State relating to:
(a) The packaging, labeling, testing, dosage or potency of marijuana, edible marijuana products, marijuana products or marijuana-infused products;
(b) The kinds of edible marijuana products, marijuana products and marijuana-infused products authorized to be sold pursuant to chapters 453A and 453D of NRS and any regulations adopted pursuant to chapter 453A of NRS;
(c) The use of pesticides in the cultivation of marijuana;
(d) The tracking of marijuana from seed to sale;
(e) The transportation of marijuana, edible marijuana products, marijuana products or marijuana-infused products other than the direct transportation of marijuana, edible marijuana products, marijuana products or marijuana-infused products to a consumer and a requirement to notify the city of any transportation of marijuana, edible marijuana products, marijuana products or marijuana-infused products;
κ2019 Statutes of Nevada, Page 2349 (CHAPTER 371, AB 164)κ
transportation of marijuana, edible marijuana products, marijuana products or marijuana-infused products to a consumer and a requirement to notify the city of any transportation of marijuana, edible marijuana products, marijuana products or marijuana-infused products;
(f) The issuance or verification of a registry identification card, letter of approval or written documentation;
(g) The training or certification of medical marijuana establishment agents or employees of a marijuana establishment; [or]
(h) The creation or maintenance of a registry or other system to obtain and track information relating to customers of marijuana establishments or holders of a registry identification card or letter of approval [.] ; or
(i) The content of any advertisement used by a marijuana establishment or medical marijuana establishment unless the ordinance sets forth specific prohibited content for such an advertisement.
6. A person who obtains a business license described in this section is subject to all other licensing and permitting requirements of the State and any other counties and cities in which the person does business.
7. As used in this section:
(a) Edible marijuana products has the meaning ascribed to it in NRS 453A.101.
(b) Letter of approval has the meaning ascribed to it in NRS 453A.109.
(c) Marijuana establishment has the meaning ascribed to it in NRS 453D.030.
(d) Marijuana products has the meaning ascribed to it in NRS 453D.030.
(e) Marijuana-infused products has the meaning ascribed to it in NRS 453A.112.
(f) Medical marijuana establishment has the meaning ascribed to it in NRS 453A.116.
(g) Medical marijuana establishment agent has the meaning ascribed to it in NRS 453A.117.
(h) Registry identification card has the meaning ascribed to it in NRS 453A.140.
(i) Written documentation has the meaning ascribed to it in NRS 453A.170.
Sec. 13. Any regulations adopted by the Department of Taxation that conflict with the amendatory provisions of this act are void. The Legislative Counsel shall remove those regulations from the Nevada Administrative Code as soon as practicable after January 2, 2020.
Sec. 14. 1. This section and sections 1, 3 and 13 of this act become effective on October 1, 2019.
2. Sections 2 and 4 to 12.7, inclusive, of this act become effective on January 2, 2020.
3. Sections 7 and 8 of this act expire by limitation on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:
(a) Have failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or
(b) Are in arrears in the payment for the support of one or more children,
Κ are repealed by the Congress of the United States.
________
κ2019 Statutes of Nevada, Page 2350κ
Assembly Bill No. 524Committee on Ways and Means
CHAPTER 372
[Approved: June 5, 2019]
AN ACT making a supplemental appropriation to the Office of the Director of the Department of Corrections for an unanticipated shortfall in utilities costs, inmate-driven costs, food costs and medical costs; and providing other matters properly relating thereto.
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. There is hereby appropriated from the State General Fund to the Office of the Director of the Department of Corrections the sum of $5,169,127 for an unanticipated shortfall in utilities costs, inmate-driven costs, food costs and medical costs. This appropriation is supplemental to that made by section 20 of chapter 396, Statutes of Nevada 2017, at page 2638.
Sec. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 536Committee on Ways and Means
CHAPTER 373
[Approved: June 5, 2019]
AN ACT making a supplemental appropriation to the Commission on Judicial Discipline for unanticipated operating expenses; and providing other matters properly relating thereto.
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. There is hereby appropriated from the State General Fund to the Commission on Judicial Discipline the sum of $49,897 for unanticipated operating expenses. This appropriation is supplemental to that made by section 12 of chapter 396, Statutes of Nevada 2017, at page 2635.
Sec. 2. This act becomes effective upon passage and approval.
________
κ2019 Statutes of Nevada, Page 2351κ
Senate Bill No. 209Senators D. Harris, Ratti, Parks, Brooks, Cannizzaro; Dondero Loop and Spearman
CHAPTER 374
[Approved: June 5, 2019]
AN ACT relating to hemp; replacing the term industrial hemp with the term hemp and revising the definition thereof; requiring the Department of Health and Human Services to adopt regulations requiring the testing and labeling of certain commodities and products made using hemp and certain similar products which are intended for human consumption; prohibiting a person from selling or offering to sell such commodities or products unless the commodities or products satisfy certain standards relating to testing and labeling; authorizing the retesting of a crop of hemp that has failed certain tests prescribed by the State Department of Agriculture; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes the growing and cultivation of industrial hemp for purposes relating to research and the growing and handling of industrial hemp and the production of agricultural hemp seed by persons registered with the State Department of Agriculture. (Chapter 557 of NRS) On December 20, 2018, the President of the United States signed the Agricultural Improvement Act of 2018 into law. Section 10113 of the Act authorizes the production of hemp under the primary jurisdiction of a state or tribal government if the state or tribal government submits a plan to the United States Secretary of Agriculture that satisfies certain requirements. (Public Law 115-334) Because federal law now refers to plants of the genus Cannabis sativa L. with a THC concentration of not more than 0.3 percent as hemp rather than industrial hemp, sections 5-8 and 10-17 of this bill revise various sections of state law to use the term hemp for this plant and its derivatives.
Existing law authorizes the State Department of Agriculture to adopt certain regulations relating to the testing of crops of industrial hemp and commodities and products made using industrial hemp by an independent testing laboratory. (NRS 557.270) Sections 12 and 13.5 of this bill divide the responsibility for the adoption of regulations relating to the testing of hemp and commodities and products made using hemp between the State Department of Agriculture and the Department of Health and Human Services. Section 13.5 of this bill authorizes the Department of Health and Human Services to adopt regulations relating to the testing and labeling of commodities and products containing hemp and certain other products containing cannabidiol that are intended for human consumption. Section 12 of this bill requires a grower or producer to submit, before harvesting, a sample of each crop of hemp to the State Department of Agriculture or an independent testing laboratory to determine the THC concentration of the crop. Section 12 authorizes the State Department of Agriculture to adopt regulations relating to such testing.
Existing law prohibits a handler of industrial hemp from selling a commodity or product made using industrial hemp which is intended for human consumption unless the product has been tested in accordance with protocols and procedures established by the State Department of Agriculture. (NRS 557.270) Section 13.5 prohibits a person from selling or offering to sell such commodities or products unless the commodities or products satisfy the testing and labeling requirements set forth by the Department of Health and Human Services.
κ2019 Statutes of Nevada, Page 2352 (CHAPTER 374, SB 209)κ
Existing law authorizes the State Department of Agriculture to adopt certain regulations relating to the testing of crops of industrial hemp and commodities and products made using industrial hemp by an independent testing laboratory. (NRS 557.270) Section 12 provides that a grower or producer whose crop has failed a test prescribed by the State Department of Agriculture is authorized to submit that crop for retesting.
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:
Sections 1-4. (Deleted by amendment.)
Sec. 5. NRS 557.120 is hereby amended to read as follows:
557.120 Crop means all [industrial] hemp grown by a grower.
Sec. 6. NRS 557.140 is hereby amended to read as follows:
557.140 Grower means a person who is registered by the Department and produces [industrial] hemp.
Sec. 7. NRS 557.150 is hereby amended to read as follows:
557.150 Handler means a person who is registered by the Department pursuant to NRS 557.100 to 557.290, inclusive, and receives [industrial] hemp for processing into commodities, products or agricultural hemp seed.
Sec. 8. NRS 557.160 is hereby amended to read as follows:
557.160 1. [Industrial hemp] Hemp means [:
(a) Any] any plant of the genus Cannabis sativa L. and any part of such a plant [other than a seed,] , including, without limitation, the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts and salts of isomers, whether growing or not, with a THC concentration [of not more than 0.3 percent on a dry weight basis; and
(b) A seed of any plant of the genus Cannabis that:
(1) Is part of a crop;
(2) Is retained by a grower for future planting;
(3) Is agricultural hemp seed;
(4) Is intended for processing into or for use as agricultural hemp seed; or
(5) Has been processed in a manner that renders it incapable of germination.] that does not exceed the maximum THC concentration established by federal law for hemp.
2. [Industrial hemp] Hemp does not include any commodity or product made using [industrial] hemp.
Sec. 9. (Deleted by amendment.)
Sec. 10. NRS 557.200 is hereby amended to read as follows:
557.200 1. A person shall not grow or handle [industrial] hemp or produce agricultural hemp seed unless the person is registered with the Department as a grower, handler or producer, as applicable.
2. A person who wishes to grow or handle [industrial] hemp must register with the Department as a grower or handler, as applicable.
3. A person who wishes to produce agricultural hemp seed must register with the Department as a producer unless the person is:
(a) A grower registered pursuant to subsection 2 who retains agricultural hemp seed solely pursuant to subsection 3 of NRS 557.250; or
κ2019 Statutes of Nevada, Page 2353 (CHAPTER 374, SB 209)κ
(b) A grower or handler registered pursuant to subsection 2 who processes seeds of any plant of the genus Cannabis which are incapable of germination into commodities or products.
Κ A person may not register as a producer unless the person is also registered as a grower or handler.
4. A person who wishes to register with the Department as a grower, handler or producer must submit to the Department the fee established pursuant to subsection 7 and an application, on a form prescribed by the Department, which includes:
(a) The name and address of the applicant;
(b) The name and address of the applicants business in which [industrial] hemp or agricultural hemp seed will be grown, handled or produced, if different than that of the applicant; and
(c) Such other information as the Department may require by regulation.
5. Registration as a grower, handler or producer expires on December 31 of each year and may be renewed upon submission of an application for renewal containing such information as the Department may require by regulation.
6. Registration as a grower, handler or producer is not transferable. If a grower, handler or producer changes its business name or the ownership of the grower, handler or producer changes, the grower, handler or producer must obtain a new registration pursuant to NRS 557.100 to 557.290, inclusive.
7. The Department shall establish by regulation fees for the issuance and renewal of registration as a grower, handler or producer in an amount necessary to cover the costs of carrying out NRS 557.100 to 557.290, inclusive.
Sec. 11. NRS 557.250 is hereby amended to read as follows:
557.250 1. Each grower shall provide the Department with a description of the property on which the crop of the grower is or will be located. Such a description must be in a manner prescribed by the Department and include, without limitation, global positioning system coordinates.
2. A grower may use any method for the propagation of [industrial] hemp to produce [industrial] hemp, including, without limitation, planting seeds or starts, using clones or cuttings or cultivating [industrial] hemp in a greenhouse.
3. A grower may retain agricultural hemp seed for the purpose of propagating [industrial] hemp in future years.
Sec. 12. NRS 557.270 is hereby amended to read as follows:
557.270 1. A grower, handler or producer may submit [industrial] hemp or a commodity or product made using [industrial] hemp , other than a commodity or product which is intended for human consumption, to an independent testing laboratory for testing pursuant to this section and an independent testing laboratory may perform such testing.
2. [A handler may not sell a commodity or product made using industrial hemp which is intended for human consumption unless the commodity or product has been submitted to an independent testing laboratory for testing and the independent testing laboratory has confirmed that the commodity or product satisfies the standards established by the Department for the content and quality of industrial hemp.
κ2019 Statutes of Nevada, Page 2354 (CHAPTER 374, SB 209)κ
3. The Department shall adopt regulations establishing protocols and procedures for the testing of commodities and products made using industrial hemp, including, without limitation, determining appropriate standards for sampling and for the size of batches for testing.
4.] A grower or producer shall, before harvesting, submit a sample of each crop to the Department or an independent testing laboratory approved by the Department to determine whether the crop has a THC concentration established by federal law for hemp. The Department may adopt regulations [requiring the submission of a sample of a crop of industrial hemp by a grower to an independent testing laboratory to determine whether the crop has a THC concentration of not more than 0.3 percent on a dry weight basis. The regulations may] relating to such testing which include, without limitation:
(a) Protocols and procedures for the testing of a crop, including, without limitation, determining appropriate standards for sampling and for the size of batches for testing; and
(b) A requirement that an independent testing laboratory provide the results of the testing directly to the Department in a manner prescribed by the Department.
[5.] 3. Except as otherwise provided by federal law, a grower or producer whose crop fails a test prescribed by the Department pursuant to this section may submit that same crop for retesting. The Department shall adopt regulations establishing protocols and procedures for such retesting.
4. As used in this section:
(a) Independent testing laboratory means a facility certified as an independent testing laboratory pursuant to NRS 453A.368.
(b) Intended for human consumption means intended for ingestion or inhalation by a human or for topical application to the skin or hair of a human.
Sec. 13. NRS 557.290 is hereby amended to read as follows:
557.290 Any person who grows or handles [industrial] hemp or produces agricultural hemp seed without being registered with the Department pursuant to NRS 557.200 is guilty of a misdemeanor and shall be punished by imprisonment in the county jail for not more than 6 months, or by a fine of not more than $1,000, or by both fine and imprisonment. The prosecuting attorney and the Department may recover the costs of the proceeding, including investigative costs and attorneys fees, against a person convicted of a misdemeanor pursuant to this section.
Sec. 13.5. Chapter 439 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Unless federal law or regulation otherwise requires, a person shall not sell or offer to sell any commodity or product containing hemp which is intended for human consumption or any other commodity or product that purports to contain cannabidiol with a THC concentration that does not exceed the maximum THC concentration established by federal law for hemp unless such a commodity or product:
(a) Has been tested by an independent testing laboratory and meets the standards established by regulation of the Department pursuant to subsection 3; and
(b) Is labeled in accordance with the regulations adopted by the Department pursuant to subsection 3.
κ2019 Statutes of Nevada, Page 2355 (CHAPTER 374, SB 209)κ
2. A person who produces or offers for sale a commodity or product described in subsection 1 may submit such a commodity or product to an independent testing laboratory for testing pursuant to this section and an independent testing laboratory may perform such testing.
3. The Department shall adopt regulations requiring the testing and labeling of any commodity or product described in subsection 1. Such regulations must:
(a) Set forth protocols and procedures for the testing of the commodities and products described in subsection 1; and
(b) Require that any commodity or product described in subsection 1 is labeled in a manner that is not false or misleading in accordance with the applicable provisions of chapters 446 and 585 of NRS.
4. As used in this section:
(a) Hemp has the meaning ascribed to it in NRS 557.160.
(b) Independent testing laboratory means a facility certified as an independent testing laboratory pursuant to NRS 453A.368.
(c) Intended for human consumption has the meaning ascribed to it in NRS 557.270.
(d) THC has the meaning ascribed to it in NRS 453A.155.
Sec. 14. NRS 453.096 is hereby amended to read as follows:
453.096 1. Marijuana means:
(a) All parts of any plant of the genus Cannabis, whether growing or not;
(b) The seeds thereof;
(c) The resin extracted from any part of the plant, including concentrated cannabis; and
(d) Every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin.
2. Marijuana does not include:
(a) [Industrial hemp,] Hemp, as defined in NRS [557.040,] 557.160, which is grown or cultivated pursuant to the provisions of chapter 557 of NRS [;] or any commodity or product made using such hemp; or
(b) The mature stems of the plant, fiber produced from the stems, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stems (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination.
Sec. 15. NRS 453.339 is hereby amended to read as follows:
453.339 1. Except as otherwise provided in NRS 453.011 to 453.552, inclusive, a person who knowingly or intentionally sells, manufactures, delivers or brings into this State or who is knowingly or intentionally in actual or constructive possession of marijuana or concentrated cannabis shall be punished, if the quantity involved:
(a) Is 50 pounds or more, but less than 1,000 pounds, of marijuana or 1 pound or more, but less than 20 pounds, of concentrated cannabis, for a category C felony as provided in NRS 193.130 and by a fine of not more than $25,000.
(b) Is 1,000 pounds or more, but less than 5,000 pounds, of marijuana or 20 pounds or more, but less than 100 pounds, of concentrated cannabis, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years and by a fine of not more than $50,000.
κ2019 Statutes of Nevada, Page 2356 (CHAPTER 374, SB 209)κ
(c) Is 5,000 pounds or more of marijuana or 100 pounds or more of concentrated cannabis, for a category A felony by imprisonment in the state prison:
(1) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 5 years has been served; or
(2) For a definite term of 15 years, with eligibility for parole beginning when a minimum of 5 years has been served,
Κ and by a fine of not more than $200,000.
2. For the purposes of this section:
(a) Marijuana means all parts of any plant of the genus Cannabis, whether growing or not, except for [industrial] hemp, as defined in NRS [557.040,] 557.160, which is grown or cultivated pursuant to the provisions of chapter 557 of NRS [.] or any commodity or product made using such hemp. The term does not include concentrated cannabis.
(b) The weight of marijuana or concentrated cannabis is its weight when seized or as soon as practicable thereafter. If marijuana and concentrated cannabis are seized together, each must be weighed separately and treated as separate substances.
Sec. 16. NRS 453A.352 is hereby amended to read as follows:
453A.352 1. The operating documents of a medical marijuana establishment must include procedures:
(a) For the oversight of the medical marijuana establishment; and
(b) To ensure accurate recordkeeping, including, without limitation, the provisions of NRS 453A.354 and 453A.356.
2. Except as otherwise provided in this subsection, a medical marijuana establishment:
(a) That is a medical marijuana dispensary must have a single entrance for patrons, which must be secure, and shall implement strict security measures to deter and prevent the theft of marijuana and unauthorized entrance into areas containing marijuana.
(b) That is not a medical marijuana dispensary must have a single secure entrance and shall implement strict security measures to deter and prevent the theft of marijuana and unauthorized entrance into areas containing marijuana.
Κ The provisions of this subsection do not supersede any state or local requirements relating to minimum numbers of points of entry or exit, or any state or local requirements relating to fire safety.
3. A medical marijuana establishment is prohibited from acquiring, possessing, cultivating, manufacturing, delivering, transferring, transporting, supplying or dispensing marijuana for any purpose except to:
(a) Directly or indirectly assist patients who possess valid registry identification cards;
(b) Assist patients who possess valid registry identification cards or letters of approval by way of those patients designated primary caregivers; and
(c) Return for a refund marijuana, edible marijuana products or marijuana-infused products to the medical marijuana establishment from which the marijuana, edible marijuana products or marijuana-infused products were acquired.
Κ For the purposes of this subsection, a person shall be deemed to be a patient who possesses a valid registry identification card or letter of approval if he or she qualifies for nonresident reciprocity pursuant to NRS 453A.364.
κ2019 Statutes of Nevada, Page 2357 (CHAPTER 374, SB 209)κ
4. All cultivation or production of marijuana that a cultivation facility carries out or causes to be carried out must take place in an enclosed, locked facility at the physical address provided to the Department during the registration process for the cultivation facility. Such an enclosed, locked facility must be accessible only by medical marijuana establishment agents who are lawfully associated with the cultivation facility, except that limited access by persons necessary to perform construction or repairs or provide other labor is permissible if such persons are supervised by a medical marijuana establishment agent.
5. A medical marijuana dispensary and a cultivation facility may acquire usable marijuana or marijuana plants from a person who holds a valid registry identification card, including, without limitation, a designated primary caregiver. Except as otherwise provided in this subsection, the patient or caregiver, as applicable, must receive no compensation for the marijuana. A patient who holds a valid registry identification card, and the designated primary caregiver of such a patient, or the designated primary caregiver of a person who holds a letter of approval may sell usable marijuana to a medical marijuana dispensary one time and may sell marijuana plants to a cultivation facility one time.
6. A medical marijuana establishment shall not allow any person to consume marijuana on the property or premises of the establishment.
7. Medical marijuana establishments are subject to reasonable inspection by the Department at any time, and a person who holds a medical marijuana establishment registration certificate must make himself or herself, or a designee thereof, available and present for any inspection by the Department of the establishment.
8. A dual licensee, as defined in NRS 453D.030:
(a) Shall comply with the regulations adopted by the Department pursuant to paragraph (k) of subsection 1 of NRS 453D.200 with respect to the medical marijuana establishment operated by the dual licensee; and
(b) May, to the extent authorized by such regulations, combine the location or operations of the medical marijuana establishment operated by the dual licensee with the marijuana establishment, as defined in NRS 453D.030, operated by the dual licensee.
9. Each medical marijuana establishment shall install a video monitoring system which must, at a minimum:
(a) Allow for the transmission and storage, by digital or analog means, of a video feed which displays the interior and exterior of the medical marijuana establishment; and
(b) Be capable of being accessed remotely by a law enforcement agency in real-time upon request.
10. A medical marijuana establishment shall not dispense or otherwise sell marijuana, edible marijuana products or marijuana-infused products from a vending machine or allow such a vending machine to be installed at the interior or exterior of the premises of the medical marijuana establishment.
11. If a medical marijuana establishment is operated by a dual licensee, as defined in NRS 453D.030, any provision of this section which is determined by the Department to be unreasonably impracticable pursuant to subsection 9 of NRS 453A.370 does not apply to the medical marijuana establishment.
12. A facility for the production of edible marijuana products or marijuana-infused products and a medical marijuana dispensary may acquire [industrial] hemp, as defined in NRS 557.160, or a commodity or product made using such hemp from a grower or handler registered by the State Department of Agriculture pursuant to NRS 557.100 to 557.290, inclusive.
κ2019 Statutes of Nevada, Page 2358 (CHAPTER 374, SB 209)κ
[industrial] hemp, as defined in NRS 557.160, or a commodity or product made using such hemp from a grower or handler registered by the State Department of Agriculture pursuant to NRS 557.100 to 557.290, inclusive. A facility for the production of edible marijuana products or marijuana-infused products may use [industrial] hemp or a commodity or product made using such hemp to manufacture edible marijuana products and marijuana-infused products. A medical marijuana dispensary may dispense [industrial] hemp or a commodity or product made using such hemp and edible marijuana products and marijuana-infused products manufactured using [industrial] hemp [.] or a commodity or product made using such hemp.
Sec. 17. NRS 453A.370 is hereby amended to read as follows:
453A.370 The Department shall adopt such regulations as it determines to be necessary or advisable to carry out the provisions of NRS 453A.320 to 453A.370, inclusive. Such regulations are in addition to any requirements set forth in statute and must, without limitation:
1. Prescribe the form and any additional required content of registration and renewal applications submitted pursuant to NRS 453A.322 and 453A.332.
2. Set forth rules pertaining to the safe and healthful operation of medical marijuana establishments, including, without limitation:
(a) The manner of protecting against diversion and theft without imposing an undue burden on medical marijuana establishments or compromising the confidentiality of the holders of registry identification cards and letters of approval.
(b) Minimum requirements for the oversight of medical marijuana establishments.
(c) Minimum requirements for the keeping of records by medical marijuana establishments.
(d) Provisions for the security of medical marijuana establishments, including, without limitation, requirements for the protection by a fully operational security alarm system of each medical marijuana establishment.
(e) Procedures pursuant to which medical marijuana dispensaries must use the services of an independent testing laboratory to ensure that any marijuana, edible marijuana products and marijuana-infused products sold by the dispensaries to end users are tested for content, quality and potency in accordance with standards established by the Department.
(f) Procedures pursuant to which a medical marijuana dispensary will be notified by the Department if a patient who holds a valid registry identification card or letter of approval has chosen the dispensary as his or her designated medical marijuana dispensary, as described in NRS 453A.366.
(g) Minimum requirements for [industrial] hemp, as defined in NRS 557.160, or a commodity or product made using such hemp which is used by a facility for the production of edible marijuana products or marijuana-infused products to manufacture edible marijuana products or marijuana-infused products or dispensed by a medical marijuana dispensary.
3. Establish circumstances and procedures pursuant to which the maximum fees set forth in NRS 453A.344 may be reduced over time to ensure that the fees imposed pursuant to NRS 453A.344 are, insofar as may be practicable, revenue neutral.
κ2019 Statutes of Nevada, Page 2359 (CHAPTER 374, SB 209)κ
4. Set forth the amount of usable marijuana that a medical marijuana dispensary may dispense to a person who holds a valid registry identification card, including, without limitation, a designated primary caregiver, in any one 14-day period. Such an amount must not exceed the limits set forth in NRS 453A.200.
5. As far as possible while maintaining accountability, protect the identity and personal identifying information of each person who receives, facilitates or delivers services in accordance with this chapter.
6. In cooperation with the applicable professional licensing boards, establish a system to:
(a) Register and track attending providers of health care who advise their patients that the medical use of marijuana may mitigate the symptoms or effects of the patients medical condition;
(b) Insofar as is possible, track and quantify the number of times an attending provider of health care described in paragraph (a) makes such an advisement; and
(c) Provide for the progressive discipline of attending providers of health care who advise the medical use of marijuana at a rate at which the Department, in consultation with the Division, and applicable board determine and agree to be unreasonably high.
7. Establish different categories of medical marijuana establishment agent registration cards, including, without limitation, criteria for training and certification, for each of the different types of medical marijuana establishments at which such an agent may be employed or volunteer or provide labor as a medical marijuana establishment agent.
8. Provide for the maintenance of a log by the Department, in consultation with the Division, of each person who is authorized to cultivate, grow or produce marijuana pursuant to subsection 6 of NRS 453A.200. The Department shall ensure that the contents of the log are available for verification by law enforcement personnel 24 hours a day.
9. Determine whether any provision of NRS 453A.350 or 453A.352 would make the operation of a medical marijuana establishment or marijuana establishment, as defined in NRS 453D.030, by a dual licensee, as defined in NRS 453D.030, unreasonably impracticable, as defined in NRS 453D.030.
10. Address such other matters as may assist in implementing the program of dispensation contemplated by NRS 453A.320 to 453A.370, inclusive.
Sec. 18. 1. This section and sections 5 to 8, inclusive, 10 to 13, inclusive, and 14 to 17, inclusive, of this act become effective on July 1, 2019.
2. Section 13.5 of this act becomes effective:
(a) Upon passage and approval for the purpose of adopting regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of that section; and
(b) On July 1, 2020, for all other purposes.
________
κ2019 Statutes of Nevada, Page 2360κ
Senate Bill No. 461Committee on Government Affairs
CHAPTER 375
[Approved: June 5, 2019]
AN ACT relating to taxation; imposing a surcharge on lodging within the Tahoe Township in Douglas County; authorizing the Tahoe-Douglas Visitors Authority to take certain actions respecting the establishment and operation of a multiuse event and convention center; authorizing the Authority to issue certain municipal securities; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the Tahoe-Douglas Visitors Authority to use a portion of the proceeds of the occupancy tax on the rental of lodgings in the Tahoe Township of Douglas County exclusively for: (1) the advertising, publicizing and promotion of tourism and recreation; and (2) the planning, construction and operation of a convention center in the Township. (Section 26 of chapter 496, Statutes of Nevada 1997, at p. 2378)
Section 2 of this bill establishes a $5 tourism surcharge on the per night charge for the rental of lodgings in the Township. Sections 1.7 and 4-12 of this bill make conforming changes.
Section 3 of this bill enacts provisions to govern the issuance of municipal securities by the Authority, which are based on the provisions of existing law governing the issuance of bonds by county fair and recreation boards. Section 3 authorizes the Authority to take certain actions in connection with the acquisition, improvement and operation of a multiuse event and convention center in the Township. Sections 3 and 13 of this bill authorize the Authority to issue municipal securities for the acquisition of such a multiuse event and convention center, to be payable from the net revenues of such a multiuse event and convention center, the occupancy tax, the tourism surcharge and any other revenue which may be legally made available for the payment of such bonds. Section 3 of this bill requires the payment of prevailing wages on any project financed or otherwise undertaken by the Authority that requires the employment of certain workers even if the project does not qualify as a public work. Section 13 also authorizes a portion of the proceeds of the occupancy tax and the tourism surcharge to be allocated to pay the costs to administer and collect the tourism surcharge, with the remaining proceeds to be used exclusively to pay the principal and interest on the municipal securities issued by the Authority.
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:
Sections 1 and 1.5. (Deleted by amendment.)
Sec. 1.7. The Tahoe-Douglas Visitors Authority Act, being chapter 496, Statutes of Nevada 1997, at page 2375, is hereby amended by adding thereto a new section to be designated as section 15.5, immediately following section 15, to read as follows:
Sec. 15.5. Tourism surcharge means the surcharge on lodging imposed by section 19.5 of this act.
κ2019 Statutes of Nevada, Page 2361 (CHAPTER 375, SB 461)κ
Sec. 2. The Tahoe-Douglas Visitors Authority Act, being chapter 496, Statutes of Nevada 1997, at page 2375, is hereby amended by adding thereto a new section to be designated as section 19.5, immediately following section 19, to read as follows:
Sec. 19.5. 1. There is hereby imposed a tourism surcharge of $5 on the per night charge for the rental of lodgings in the Township. The tourism surcharge must not be applied for any time during which the lodgings are provided to a guest free of charge. The governing body shall administer the tourism surcharge.
2. Every vendor who furnishes any lodgings within the Township is exercising a taxable privilege.
3. A vendor is not exempt from the tourism surcharge because the taxable premises are at any time located in a political subdivision other than the municipality.
Sec. 3. The Tahoe-Douglas Visitors Authority Act, being chapter 496, Statutes of Nevada 1997, at page 2375, is hereby amended by adding thereto new sections to be designated as sections 27, 28, 29, 30, 31, 32 and 33 immediately following section 26, to read as follows:
Sec. 27. In addition to powers elsewhere conferred, the Authority is authorized and empowered:
1. To establish, construct, purchase, lease, enter into a lease purchase agreement respecting, rent, acquire by gift, grant, bequest, devise, or otherwise acquire, reconstruct, improve, extend, better, alter, repair, equip, furnish, regulate, maintain, operate and manage a multiuse event and convention center in the Township, including personal property, real property, lands, improvements and fixtures thereon, property of any nature appurtenant thereto or used in connection therewith, and every estate, interest and right, legal or equitable, therein, including terms for years.
2. To insure or provide for the insurance of a multiuse event and convention center against such risks and hazards as the Authority may deem advisable.
3. To arrange or contract for the furnishing by any person, agency, association or corporation, public or private, of services, privileges, works or facilities for, or in connection with, a multiuse event and convention center and to hire and retain officers, agents and employees, including a fiscal adviser, engineers, attorneys or other professional or specialized personnel.
4. To sell, lease, exchange, transfer, assign or otherwise dispose of any real or personal property, or any interest therein acquired for the purpose of this act, including the lease of a multiuse event and convention center acquired by the Authority pursuant to this act, which is to be operated and maintained as a public project and multiuse event and convention center.
5. To fix, and from time to time increase or decrease, rates, tolls or charges for services or facilities furnished in connection with a multiuse event and convention center, and to take such action as necessary or desirable to effect their collection, and, with the consent of the governing body, to provide for the levy by the governing body of ad valorem taxes, the proceeds thereof to be used in connection with the multiuse event and convention center.
κ2019 Statutes of Nevada, Page 2362 (CHAPTER 375, SB 461)κ
6. To receive, control, invest and order the expenditure of any and all moneys and funds pertaining to the multiuse event and convention center or related properties, including, but not limited to, annual grants to the State, the county and incorporated cities in the county for capital improvements for the multiuse event and convention center.
7. To enter into contracts, leases or other arrangements for commercial advertising purposes with any person, partnership or corporation.
8. To exercise all or any part or combination of the powers herein granted to the Authority, except as herein otherwise provided.
9. To sue and be sued.
10. To do and perform any and all other acts and things necessary, convenient, desirable or appropriate to carry out the provisions of this act.
Sec. 28. The Authority, in addition to the other powers conferred upon the Authority pursuant to this act, may:
1. Set aside a fund in an amount that it considers necessary and which may be expended in the discretion of the Authority to promote or attract conventions, meetings and like gatherings that will utilize the multiuse event and convention center authorized by section 27 of this act. The expenditure is hereby declared to be an expenditure made for a public purpose.
2. Solicit and promote tourism and gaming generally, both individually and through annual grants in cash or in kind, including lease of its facilities to nonprofit groups or associations, and further promote generally the use of its facilities, pursuant to lease agreements, by organized groups or by the general public for the holding of conventions, expositions, trade shows, entertainment, sporting events, cultural activities or similar uses reasonably calculated to produce revenue for the Authority and to enhance the general economy. The promotion of tourism, gaming or the use of facilities may include advertising the facilities under control of the Authority and the resources of the community or area, including tourist accommodations, transportation, entertainment, gaming and climate. The advertising may be done jointly with a private enterprise.
3. Enter into contracts for advertising pursuant to this act and pay the cost of the advertising, including a reasonable commission.
4. Borrow money or accept contributions, grants or other financial assistance from the Federal Government or any agency or instrumentality thereof, corporate or otherwise, for or in aid of a multiuse event and convention center within the Township, and to comply with such conditions, trust indentures, leases or agreements as may be necessary, convenient or desirable. The purpose and intent of this section is to authorize the Authority to do any and all things necessary, convenient or desirable to secure the financial aid or cooperation of the Federal Government in the undertaking, acquisition, construction, maintenance or operation of a multiuse event and convention center within the Township.
κ2019 Statutes of Nevada, Page 2363 (CHAPTER 375, SB 461)κ
Sec. 29. 1. For the acquisition of a multiuse event and convention center authorized in section 27 of this act, the Authority, at any time or from time to time may in the name of and on behalf of the Authority, issue municipal securities:
(a) Payable from the net revenues to be derived from the operation of such a multiuse event and convention center;
(b) Secured by a pledge of revenues from the occupancy tax;
(c) Secured by a pledge of revenues from the tourism surcharge;
(d) Secured by revenue to be received by the Authority from any political subdivision of the State pursuant to a loan, note, agreement or any other obligation;
(e) Secured by any other revenue that may be legally made available for their payment; or
(f) Payable or secured by any combination of paragraph (a), (b), (c), (d) or (e), and any or all of such revenues shall be deemed pledged revenues as that term is defined in NRS 350.550.
2. Municipal securities issued pursuant to this act must be authorized by resolution of the Authority, and no further approval by any person, board or commission is required.
3. All determinations of the Authority under this act shall be deemed to be conclusive, absent fraud or a gross abuse of discretion.
Sec. 30. The provisions of the Local Government Securities Law shall apply to the issuance by the Authority of any municipal securities pursuant to this act. Any such municipal securities must be executed in the manner provided in the Local Government Securities Law, but the securities must also bear the manual or facsimile signature of an officer of the Authority, or some other person specifically authorized by the Authority to sign the securities.
Sec. 31. The Authority is authorized to sell such municipal securities from time to time in the manner prescribed in NRS 350.105 to 350.195, inclusive, and may employ legal, fiscal, engineering or other expert services in connection with the acquisition, improvement, extension or betterment of the multiuse event and convention center and with the authorization, issuance and sale of the municipal securities.
Sec. 32. In order to insure the payment of the municipal securities of the Authority, the payment of which is secured or is additionally secured, as the case may be, by a pledge of the revenues of the multiuse event and convention center, of any such other income-producing project and of any such excise taxes, as provided in section 29 of this act, or other such special obligation securities so secured, the Authority may establish and maintain, and from time to time revise, a schedule or schedules of fees, rates and charges for services, facilities and commodities rendered by or through the multiuse event and convention center, and any such other income-producing project and a schedule or schedules of any such excise taxes, as the case may be, in an amount sufficient for that purpose and also sufficient to discharge any covenant in the proceedings of the Authority or governing body authorizing the issuances of any of the municipal securities, including any covenant for the establishment of reasonable reserve funds.
κ2019 Statutes of Nevada, Page 2364 (CHAPTER 375, SB 461)κ
issuances of any of the municipal securities, including any covenant for the establishment of reasonable reserve funds.
Sec. 33. If a project that is financed by the Authority or is otherwise undertaken by the Authority, including, without limitation, pursuant to a lease, lease-purchase agreement or installment-purchase agreement:
1. Requires the employment of skilled mechanics, skilled workers, semiskilled mechanics, semiskilled workers or unskilled labor to perform the project; and
2. Does not qualify as a public work, as defined in NRS 338.010,
Κ the contract or agreement for the project must include a provision requiring the payment of prevailing wages in compliance with the provisions of NRS 338.013 to 338.090, inclusive, in the same manner as if the Authority had undertaken the project or had awarded the contract or agreement.
Sec. 4. Section 3 of the Tahoe-Douglas Visitors Authority Act, being chapter 496, Statutes of Nevada 1997, at page 2375, is hereby amended to read as follows:
Sec. 3. Except as otherwise provided in this act or unless the context otherwise requires, terms used or referred to in this act have the meanings ascribed to them in the Local Government Securities Law, but the definitions in sections 4 to 18, inclusive, and section 15.5 of this act, unless the context otherwise requires, govern the construction of this act and of the Local Government Securities Law as applied to the Township.
Sec. 5. Section 7 of the Tahoe-Douglas Visitors Authority Act, being chapter 496, Statutes of Nevada 1997, at page 2376, is hereby amended to read as follows:
Sec. 7. Gross taxable rent means the total amount of rent paid for lodging, including any associated charges that are normally included in the rent [.] , including, without limitation, resort fees or similar mandatory fees or charges directly related to the occupancy of transient lodgings, but not including the tourism surcharge.
Sec. 6. Section 11 of the Tahoe-Douglas Visitors Authority Act, being chapter 496, Statutes of Nevada 1997, at page 2376, is hereby amended to read as follows:
Sec. 11. Occupancy tax means the tax on lodging imposed by section 19 of this act.
Sec. 7. Section 14 of the Tahoe-Douglas Visitors Authority Act, being chapter 496, Statutes of Nevada 1997, at page 2376, is hereby amended to read as follows:
Sec. 14. Rent means the consideration received by a vendor in money, credits, property or other consideration valued in money for lodgings subject to [an] the occupancy tax and tourism surcharge authorized in this act.
Sec. 7.5. Section 20 of the Tahoe-Douglas Visitors Authority Act, being chapter 496, Statutes of Nevada 1997, at page 2377, is hereby amended to read as follows:
Sec. 20. 1. The Tahoe-Douglas Visitors Authority, consisting of five members, is hereby created.
2. The Authority consists of:
κ2019 Statutes of Nevada, Page 2365 (CHAPTER 375, SB 461)κ
(a) One member appointed by the Board of County Commissioners from among their number; and
(b) Four members who are representatives of the Association of Gaming Establishments whose members collectively paid the largest amount of license fees to the State pursuant to NRS 463.370 in the County in the preceding year, chosen by the board from a list of nominees submitted by the Association. If there is no such association, the four members so appointed must be representatives of gaming licensees.
Κ Each member of the Authority must be a resident of the County.
3. The terms of members appointed pursuant to paragraph (b) of subsection 2 are 4 years. Each member appointed pursuant to paragraph (b) of subsection 2 may succeed himself or herself only twice.
4. If a member ceases to be engaged in the business or occupation which the member was appointed to represent, he or she ceases to be a member, and another person engaged in that business or occupation must be appointed for the unexpired term.
5. Members of the Authority may enter into contracts, leases, franchises and other transactions extending beyond their terms of office as members of the Authority.
Sec. 8. Section 21 of the Tahoe-Douglas Visitors Authority Act, being chapter 496, Statutes of Nevada 1997, at page 2377, is hereby amended to read as follows:
Sec. 21. 1. The municipality may provide that the occupancy tax or tourism surcharge does not apply:
(a) If a vendee:
(1) Has been a permanent resident of the taxable premises for a period of at least 28 consecutive days; or
(2) Enters into or has entered into a written agreement for lodgings at the taxable premises for a period of at least 28 consecutive days;
(b) If the rent paid by a vendee is less than $2 a day;
(c) To lodgings at religious, charitable, educational or philanthropic institutions, including accommodations at summer camps operated by such institutions;
(d) To clinics, hospitals or other medical facilities;
(e) To privately owned and operated convalescent homes or homes for the aged, infirm, indigent or chronically ill; or
(f) [If the taxable premises does not have at least three rooms or three other units of accommodations for lodging; or
(g)] To all or any combination of events or conditions provided in paragraphs (a) to [(f),] (e), inclusive.
2. The occupancy tax [does] and tourism surcharge do not apply to:
(a) Lodgings at institutions of the Federal Government, the State, the municipality or any other public body.
(b) The rental of any lodgings by an employee of the Federal Government, the State or a political subdivision of the State, if the transaction is conducted directly with the governmental entity pursuant to a governmental credit card or a contract, purchase order or similar document executed or authorized by an appropriate official of the governmental entity.
κ2019 Statutes of Nevada, Page 2366 (CHAPTER 375, SB 461)κ
pursuant to a governmental credit card or a contract, purchase order or similar document executed or authorized by an appropriate official of the governmental entity.
3. Any ordinance adopted pursuant to this act by the municipality before July 1, 2019, relating to the occupancy tax shall, by operation of law, apply to the tourism surcharge in the same manner as it applies to the occupancy tax.
Sec. 9. Section 22 of the Tahoe-Douglas Visitors Authority Act, being chapter 496, Statutes of Nevada 1997, at page 2378, is hereby amended to read as follows:
Sec. 22. 1. Every vendor providing lodging in the Township shall collect the occupancy tax and tourism surcharge and shall act as a trustee therefor.
2. Every vendor providing lodging in the Township shall remit the proceeds of the occupancy tax and tourism surcharge to the governing body.
3. The occupancy tax and tourism surcharge must be charged separately from the rent fixed by the vendor for the lodgings.
Sec. 10. Section 23 of the Tahoe-Douglas Visitors Authority Act, being chapter 496, Statutes of Nevada 1997, at page 2378, is hereby amended to read as follows:
Sec. 23. 1. The governing body may provide by ordinance that:
(a) The payment of the occupancy tax or tourism surcharge pertaining to any lodgings is secured by a lien on the real property at the taxable premises where the lodgings are located;
(b) Any such lien securing the payment of a delinquent occupancy tax or tourism surcharge may be enforced in the same manner as liens for general taxes ad valorem on real property; and
(c) A vendor is liable for the payment of the proceeds of any occupancy tax and tourism surcharge which pertains to the vendors taxable premises and which the vendor failed to remit to the municipality, because of the vendors failure to collect the occupancy tax and tourism surcharge or otherwise.
2. The governing body may provide for a civil penalty for any such failure in an amount of not more than 10 percent of the amount which was not remitted to the municipality but not less than $10.
3. The municipality may bring an action in the district court for the collection of any amounts due, including, without limitation, penalties thereon, interest on the unpaid principal at a rate not exceeding 1 percent per month, the costs of collection and reasonable attorneys fees incurred in connection therewith, except for any tax or surcharge being collected by the enforcement of a lien pursuant to subsection 1.
Sec. 11. Section 24 of the Tahoe-Douglas Visitors Authority Act, being chapter 496, Statutes of Nevada 1997, at page 2378, is hereby amended to read as follows:
Sec. 24. The governing body may provide by ordinance for penalties not to exceed 90 days imprisonment or a $300 fine for a failure by any person to pay the occupancy tax [,] and tourism surcharge, to remit the proceeds thereof to the municipality or to account properly for any lodging and the occupancy tax and tourism surcharge proceeds pertaining thereto.
κ2019 Statutes of Nevada, Page 2367 (CHAPTER 375, SB 461)κ
Sec. 12. Section 25 of the Tahoe-Douglas Visitors Authority Act, being chapter 496, Statutes of Nevada 1997, at page 2378, is hereby amended to read as follows:
Sec. 25. The governing body may provide by ordinance, except as limited by or otherwise provided in this act:
1. A procedure for licensing each vendor and for refusing to license a vendor after an opportunity has been given to the vendor for a public hearing by the governing body concerning the issuance of the license;
2. The times, place and method for the payment of the occupancy tax and tourism surcharge to the municipality, the account and other records to be maintained in connection therewith, a procedure for making refunds and resolving disputes relating to the occupancy tax [,] and tourism surcharge, including exemptions pertaining thereto, the preservation and destruction of records and their inspection and investigation, and, subject to the provisions of subsection 1 of section 23 of this act, a procedure of liens and sales to satisfy such liens; and
3. Other rights, privileges, powers and immunities and other details relating to any licenses, the collection of the occupancy tax and tourism surcharge and the remittance of the proceeds thereof to the municipality.
Sec. 13. Section 26 of the Tahoe-Douglas Visitors Authority Act, being chapter 496, Statutes of Nevada 1997, as amended by chapter 496, Statutes of Nevada 1997, at page 2379, is hereby amended to read as follows:
Sec. 26. 1. From the proceeds of the occupancy tax and the tourism surcharge paid by vendors located in the township, the governing body shall:
(a) Pay the principal of, interest on and any prior redemption premiums due in connection with any securities issued by the county pursuant to the Douglas County Lodgers Tax Law which were secured with the proceeds of the occupancy tax collected pursuant to the Douglas County Lodgers Tax Law.
(b) After allocation of those proceeds pursuant to paragraph (a), pay any obligations incurred before July 1, 1997, pursuant to any contractual agreements between the governing body and the Lake Tahoe Visitors Authority.
2. A portion of the proceeds of the occupancy tax and the tourism surcharge paid by vendors located in the Township, not to exceed 1 percent of the amount collected, may be used to collect and administer the occupancy tax [.] and the tourism surcharge.
3. One-eighth of the proceeds of the occupancy tax paid by vendors located in the Township must be remitted to the Authority.
4. After allocation pursuant to subsections 1, 2 and 3 of the proceeds of the occupancy tax paid by vendors located in the Township, the remaining proceeds must be allocated as follows:
(a) Except as otherwise provided in paragraph (b), for each Fiscal Year beginning on or after July 1, 1999, 50 percent of those proceeds must be retained by the governing body for expenditure in any manner authorized for the expenditure of the proceeds of a tax imposed pursuant to the Douglas County Lodgers Tax Law and 50 percent of those proceeds must be remitted to the Authority.
κ2019 Statutes of Nevada, Page 2368 (CHAPTER 375, SB 461)κ
(b) Except as otherwise provided in paragraph (c), for each Fiscal Year beginning on or after July 1, 2000, the governing body shall revise the allocation required pursuant to this subsection in such a manner that the amount of those proceeds retained by the governing body is reduced, and the amount remitted to the Authority is increased, from the amounts for the prior fiscal year by not less than 2 percent and not more than 5 percent of the total amount of the proceeds allocated pursuant to this subsection, until the amount retained by the governing body for each fiscal year equals 35 percent of those proceeds and the amount remitted to the Authority for each fiscal year equals 65 percent of those proceeds.
(c) The governing body may, for not more than one of the Fiscal Years beginning on or after July 1, 2000, elect not to make a revision otherwise required pursuant to paragraph (b).
5. After allocation pursuant to subsections 1 and 2 of the proceeds of the tourism surcharge paid by vendors located in the Township, the remaining proceeds must be remitted to the Authority.
6. The proceeds remitted to the Authority pursuant to subsections 3 , [and] 4 and 5 must be used exclusively for:
(a) The advertising, publicizing and promotion of tourism and recreation; [and]
(b) The planning, construction and operation of a multiuse event and convention center in the Township [.] ; and
(c) The payment of principal and interest on the municipal securities issued pursuant to section 29 of this act.
Sec. 14. This act becomes effective on July 1, 2019.
________
Senate Bill No. 555Committee on Finance
CHAPTER 376
[Approved: June 5, 2019]
AN ACT relating to education; ensuring sufficient funding for K-12 public education for the 2019-2021 biennium; apportioning the State Distributive School Account in the State General Fund for the 2019-2021 biennium; authorizing certain expenditures; making appropriations for purposes relating to basic support, class-size reduction and other educational purposes; temporarily diverting the money from the State Supplemental School Support Account to the State Distributive School Account for use in funding operating costs and other expenditures of school districts and charter schools; and providing other matters properly relating thereto.
κ2019 Statutes of Nevada, Page 2369 (CHAPTER 376, SB 555)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. 1. The total public support for school districts and charter schools for Fiscal Year 2019-2020 is an estimated average of $10,227 per pupil.
2. As used in this section, total public support includes all money appropriated directly for the support of the public schools in this State, including, without limitation, the basic support guarantee per pupil and all money appropriated for a specific program or purpose in support of the public schools, and all other money projected to be received for the support of the public schools from taxes, fees and other revenues authorized by state law, excluding any money provided directly to a public school or school district by the Federal Government.
Sec. 2. 1. The total public support for school districts and charter schools for Fiscal Year 2020-2021 is an estimated average of $10,319 per pupil.
2. As used in this section, total public support includes all money appropriated directly for the support of the public schools in this State, including, without limitation, the basic support guarantee per pupil and all money appropriated for a specific program or purpose in support of the public schools, and all other money projected to be received for the support of the public schools from taxes, fees and other revenues authorized by state law, excluding any money provided directly to a public school or school district by the Federal Government.
Sec. 3. The basic support guarantee for school districts, charter schools and university schools for profoundly gifted pupils for operating purposes for Fiscal Year 2019-2020 is an estimated weighted average of $6,218 per pupil. For each respective school district, the basic support guarantee per pupil for Fiscal Year 2019-2020 is:
Carson City $7,184
Churchill $7,006
Clark $6,067
Douglas $6,086
Elko $7,891
Esmeralda $20,750
Eureka $11,032
Humboldt $7,431
Lander $3,517
Lincoln $12,131
Lyon $7,724
Mineral $10,152
Nye $7,967
Pershing $9,691
Storey $6,136
Washoe $6,034
White Pine $8,512
κ2019 Statutes of Nevada, Page 2370 (CHAPTER 376, SB 555)κ
Sec. 4. 1. The basic support guarantee for school districts, charter schools and university schools for profoundly gifted pupils for operating purposes for Fiscal Year 2020-2021 is an estimated weighted average of $6,288 per pupil.
2. On or before April 1, 2020, the Executive Director of the Department of Taxation shall provide to the Superintendent of Public Instruction the certified total of the amount of ad valorem taxes to be received by each school district for Fiscal Year 2020-2021 pursuant to the levy imposed under subsection 1 of NRS 387.195 and credited to the countys school district fund pursuant to subsection 4 of that section.
3. Pursuant to NRS 362.115, on or before March 15 of each year, the Department of Taxation shall provide the estimates required by that section.
4. For the purposes of establishing the basic support guarantee, the estimated basic support guarantee per pupil for each school district for Fiscal Year 2020-2021 for operating purposes are:
Basic Estimated
Support Basic
Guarantee Estimated Support
Before Ad Valorem Guarantee
School District Adjustment Adjustment As Adjusted
Carson City $6,315 $970 $7,285
Churchill $5,988 $1,180 $7,168
Clark $4,989 $1,149 $6,138
Douglas $3,435 $2,697 $6,132
Elko $6,947 $1,068 $8,015
Esmeralda $17,954 $3,994 $21,948
Eureka ($8,089) $19,174 $11,085
Humboldt $5,968 $1,707 $7,675
Lander ($5,828) $8,805 $2,977
Lincoln $11,030 $1,285 $12,315
Lyon $7,028 $812 $7,840
Mineral $9,107 $1,242 $10,349
Nye $6,412 $1,618 $8,030
Pershing $7,370 $2,413 $9,783
Storey ($8,495) $13,066 $4,571
Washoe $4,788 $1,296 $6,084
White Pine $6,978 $1,911 $8,889
5. The ad valorem adjustment may be made only to take into account the difference in the ad valorem taxes to be received and the estimated enrollment of the school district between the amount estimated as of March 1, 2019, and the amount estimated as of March 1, 2020, for Fiscal Year 2020-2021. The estimates received from the Department of Taxation on or before March 15 pursuant to subsection 3 must be taken into consideration in determining the adjustment.
6. Upon receipt of the certified total of the amount of ad valorem taxes to be received by each school district for Fiscal Year 2020-2021 pursuant to subsection 2, the Superintendent of Public Instruction shall recalculate the ad valorem adjustment and the tentative basic support guarantee per pupil for operating purposes for each school district for Fiscal Year 2020-2021 based on the certified total of the amount of ad valorem taxes provided by the Executive Director of the Department of Taxation pursuant to subsection 2.
κ2019 Statutes of Nevada, Page 2371 (CHAPTER 376, SB 555)κ
Executive Director of the Department of Taxation pursuant to subsection 2. The final basic support guarantee per pupil for each school district for Fiscal Year 2020-2021 is the amount which is recalculated for Fiscal Year 2020-2021 pursuant to this section, taking into consideration the estimates received from the Department of Taxation pursuant to NRS 362.115 on or before March 15, 2020. The basic support guarantee per pupil recalculated pursuant to this section must be calculated on or before May 31, 2020.
Sec. 5. 1. There is hereby appropriated from the State General Fund to the State Distributive School Account created by NRS 387.030:
For the Fiscal Year 2019-2020................................................ $1,166,677,713
For the Fiscal Year 2020-2021................................................ $1,162,939,824
2. The money appropriated by subsection 1 must be:
(a) Expended in accordance with NRS 353.150 to 353.246, inclusive, concerning the allotment, transfer, work program and budget; and
(b) Work-programmed for the 2 separate fiscal years of the 2019-2021 biennium, as required by NRS 353.215. Work programs may be revised with the approval of the Governor upon the recommendation of the Director of the Office of Finance in the Office of the Governor.
3. Transfers to and allotments from must be allowed and made in accordance with NRS 353.215 to 353.225, inclusive, after separate consideration of the merits of each request.
4. The money appropriated by subsection 1 is available for either fiscal year or may be transferred to Fiscal Year 2018-2019. Money may be transferred from one fiscal year to another with the approval of the Governor upon the recommendation of the Director of the Office of Finance in the Office of the Governor. If any money appropriated by subsection 1 is transferred to Fiscal Year 2018-2019, any remaining funds in the State Distributive School Account after all obligations have been met that are not subject to reversion to the State General Fund must be transferred back to Fiscal Year 2019-2020. Any amount transferred back to Fiscal Year 2019-2020 must not exceed the amount originally transferred to Fiscal Year 2018-2019.
5. Any remaining balance of the appropriation made by subsection 1 for Fiscal Year 2019-2020 must be transferred and added to the money appropriated for Fiscal Year 2020-2021 and may be expended as that money is expended.
6. Any remaining balance of the appropriation made by subsection 1 for Fiscal Year 2020-2021, including any money added thereto pursuant to the provisions of subsections 3 and 5, must not be committed for expenditure after June 30, 2021, and must be reverted to the State General Fund on or before September 17, 2021.
Sec. 6. 1. Expenditure of $495,451,456 by the Department of Education from money in the State Distributive School Account that was not appropriated from the State General Fund is hereby authorized during Fiscal Year 2019-2020.
2. Expenditure of $508,259,870 by the Department of Education from money in the State Distributive School Account that was not appropriated from the State General Fund is hereby authorized during Fiscal Year 2020-2021.
3. For the purposes of accounting and reporting, the sums authorized for expenditure by subsections 1 and 2 are considered to be expended before any appropriation is made to the State Distributive School Account from the State General Fund.
κ2019 Statutes of Nevada, Page 2372 (CHAPTER 376, SB 555)κ
4. The money authorized to be expended by subsections 1 and 2 must be expended in accordance with NRS 353.150 to 353.246, inclusive, concerning the allotment, transfer, work program and budget. Transfers to and allotments from must be allowed and made in accordance with NRS 353.215 to 353.225, inclusive, after separate consideration of the merits of each request.
5. The Director of the Office of Finance in the Office of the Governor may, with the approval of the Governor, authorize the augmentation of the amounts authorized for expenditure by the Department of Education in subsections 1 and 2, for the purpose of meeting obligations of the State incurred under chapter 387 of NRS with amounts from any other state agency, from any agency of local government, from any agency of the Federal Government or from any other source that he or she determines is in excess of the amount taken into consideration by this act. The Director of the Office of Finance shall reduce any authorization whenever he or she determines that money to be received will be less than the amount authorized in subsections 1 and 2.
Sec. 7. During each fiscal year of the 2019-2021 biennium, whenever the State Controller finds that current claims against the State Distributive School Account exceed the amount available in the Account to pay those claims, the State Controller may advance temporarily from the State General Fund to the State Distributive School Account the amount required to pay the claims, but not more than the amount expected to be received in the current fiscal year from any source authorized for the State Distributive School Account. No amount may be transferred unless requested by the Director of the Office of Finance in the Office of the Governor.
Sec. 8. The amounts of the guarantees set forth in sections 3 and 4 of this act may be reduced to effectuate a reserve required pursuant to NRS 353.225.
Sec. 9. 1. The Department of Education shall transfer from the State Distributive School Account the following sums for pupils with disabilities to school districts, charter schools and university schools for profoundly gifted pupils:
For the Fiscal Year 2019-2020................................................... $211,504,167
For the Fiscal Year 2020-2021................................................... $218,041,746
2. The money transferred by subsection 1 must be used only to fund the school districts, charter schools and university schools for profoundly gifted pupils for the enrollment of pupils with disabilities in accordance with the funding multiplier calculated by the Department of Education pursuant to subsection 3 of NRS 387.122.
3. Any remaining balance of the sums transferred by subsection 1 for Fiscal Year 2019-2020 and Fiscal Year 2020-2021 must not be committed for expenditure after June 30 of each fiscal year and must be reverted to the State General Fund on or before September 18, 2020, and September 17, 2021, for each fiscal year respectively.
Sec. 10. 1. The Department of Education shall transfer from the State Distributive School Account the following sums for pupils with disabilities:
For the Fiscal Year 2019-2020....................................................... $1,500,000
For the Fiscal Year 2020-2021....................................................... $1,500,000
2. The money transferred by subsection 1 must be used only to fund the school districts, charter schools and university schools for profoundly gifted pupils for the enrollment of pupils with disabilities in accordance with the funding multiplier calculated by the Department of Education pursuant to subsection 4 of NRS 387.122.
κ2019 Statutes of Nevada, Page 2373 (CHAPTER 376, SB 555)κ
3. Any remaining balance of the sums transferred by subsection 1 for Fiscal Year 2019-2020 and Fiscal Year 2020-2021 must not be committed for expenditure after June 30 of each fiscal year and must be reverted to the State General Fund on or before September 18, 2020, and September 17, 2021, for each fiscal year respectively.
Sec. 11. 1. The Department of Education shall transfer from the State Distributive School Account the following sums for special transportation costs to school districts:
For the Fiscal Year 2019-2020.......................................................... $142,555
For the Fiscal Year 2020-2021.......................................................... $145,650
2. Pursuant to NRS 392.015, the Department of Education shall use the money transferred in subsection 1 to reimburse school districts for the additional costs of transportation for any pupil to a school outside the school district in which his or her residence is located.
3. Any remaining balance of the sums transferred by subsection 1 for Fiscal Year 2019-2020 and Fiscal Year 2020-2021 must not be committed for expenditure after June 30 of each fiscal year and must be reverted to the State General Fund on or before September 18, 2020, and September 17, 2021, for each fiscal year respectively.
Sec. 12. 1. The Department of Education shall transfer from the State Distributive School Account to the school districts the following sums for the National School Lunch Program state match requirement pursuant to NRS 387.105 to reimburse school districts for the costs of providing meals pursuant to 42 U.S.C. §§ 1751 et seq.:
For the Fiscal Year 2019-2020.......................................................... $588,732
For the Fiscal Year 2020-2021.......................................................... $588,732
2. Any remaining balance of the sums transferred by subsection 1 for Fiscal Year 2019-2020 and Fiscal Year 2020-2021 must not be committed for expenditure after June 30 of each fiscal year and must be reverted to the State General Fund on or before September 18, 2020, and September 17, 2021, for each fiscal year respectively.
Sec. 13. Each school district shall expend the revenue made available through this act, as well as other revenue from state, local and federal sources, in a manner which is consistent with NRS 288.150 and which is designed to attain the goals of the Legislature regarding educational reform in this State, especially with regard to assisting pupils in need of remediation and pupils who are not proficient in the English language. Materials and supplies for classrooms are subject to negotiation by employers with recognized employee organizations.
Sec. 14. The Legislature hereby finds and declares that:
1. Available money is estimated to provide a sufficient number of licensed teachers to achieve in each school district pupil-teacher ratios of 17 pupils per licensed teacher in grades 1 and 2 in Fiscal Year 2019-2020 and Fiscal Year 2020-2021, and to achieve a pupil-teacher ratio of 20 pupils per licensed teacher in grade 3 in Fiscal Year 2019-2020 and Fiscal Year 2020-2021.
2. Certain school districts do not have a sufficient number of classrooms available to permit an average class size of 20 pupils per licensed teacher in grade 3.
3. It is unreasonable to assign 2 licensed teachers to a classroom of 40 pupils to attain a district-wide pupil-teacher ratio of 20 pupils per licensed teacher in grade 3.
κ2019 Statutes of Nevada, Page 2374 (CHAPTER 376, SB 555)κ
4. School districts may, instead, attain the desired pupil-teacher ratio in classes where core curriculum is taught by using alternative methods of reducing the ratio, such as employing licensed teachers to provide remedial instruction.
5. School districts may wish to use money for class-size reduction to carry out programs that have been found to be effective in improving academic achievement.
6. The Legislature has specifically designed the laws relating to class-size reduction to allow the local school districts the necessary discretion to effectuate the reduction in the manner appropriate in their respective districts.
7. School districts are encouraged, to the extent possible, to further reduce the pupil-teacher ratio in each classroom in the district for grades 1, 2 and 3 for which additional funding is provided.
8. The Legislature intends to continue the reduced pupil-teacher ratio for grades 1, 2 and 3 throughout the State.
Sec. 15. 1. The Department of Education shall transfer from the State Distributive School Account the sum of $161,650,216 for distribution by the Superintendent of Public Instruction to the county school districts for Fiscal Year 2019-2020 which must, except as otherwise provided in section 17 of this act, be used to employ licensed teachers to comply with the required ratio of pupils to teachers in grades 1, 2 and 3, as set forth in subsection 1 of section 14 of this act. Expenditures for the class-size reduction program must be accounted for in a separate category of expenditure in the State Distributive School Account.
2. Except as otherwise provided in section 17 of this act, the money transferred by subsection 1 must be used to pay the salaries and benefits of not less than 1,911 licensed teachers employed by school districts to meet the required pupil-teacher ratios in the 2019-2020 school year.
3. Any remaining balance of the money transferred by subsection 1 must not be committed for expenditure after June 30, 2020, and must be transferred and added to the money appropriated to the State Distributive School Account pursuant to section 5 of this act for Fiscal Year 2020-2021, and may be expended as the money in section 16 of this act is expended.
Sec. 16. 1. The Department of Education shall transfer from the State Distributive School Account the sum of $165,487,286 for distribution by the Superintendent of Public Instruction to the county school districts for Fiscal Year 2020-2021 which must, except as otherwise provided in section 17 of this act, be used to employ licensed teachers to comply with the required ratio of pupils to teachers in grades 1, 2 and 3, as set forth in subsection 1 of section 14 of this act. Expenditures for the class-size reduction program must be accounted for in a separate category of expenditure in the State Distributive School Account.
2. Except as otherwise provided in section 17 of this act, the money transferred by subsection 1 must be used to pay the salaries and benefits of not less than 1,915 licensed teachers employed by school districts to meet the required pupil-teacher ratios in the 2020-2021 school year.
3. Any remaining balance of the money transferred by subsection 1, including any money added thereto pursuant to section 15 of this act, must not be committed for expenditure after June 30, 2021, and must be reverted to the State General Fund on or before September 17, 2021.
Sec. 17. 1. The board of trustees of each school district:
κ2019 Statutes of Nevada, Page 2375 (CHAPTER 376, SB 555)κ
(a) Shall file a plan with the Superintendent of Public Instruction describing how the money transferred pursuant to sections 15 and 16 of this act will be used to comply with the required ratio of pupils to teachers in grades 1, 2 and 3; and
(b) May, after receiving approval of the plan from the Superintendent of Public Instruction, use the money transferred pursuant to sections 15 and 16 of this act to carry out:
(1) An alternative program for reducing the ratio of pupils per teacher, including, without limitation, any legislatively approved program of flexibility; or
(2) Programs of remedial education that have been found to be effective in improving pupil achievement in grades 1, 2 and 3, so long as the combined ratio of pupils per teacher in the aggregate of kindergarten and grades 1, 2 and 3 of the school district does not exceed the combined ratio of pupils per teacher in the aggregate of kindergarten and grades 1, 2 and 3 of the school district in the 2004-2005 school year.
Κ The plan approved by the Superintendent of Public Instruction must describe the method to be used by the school district to evaluate the effectiveness of the alternative program or remedial education programs in improving pupil achievement.
2. In no event must the provisions of this section be construed to authorize the board of trustees of a school district in a county whose population is 100,000 or more to develop an alternative plan for the reduction of pupil-teacher ratios pursuant to subsection 2 of NRS 388.720.
Sec. 18. 1. The money transferred for class-size reduction pursuant to sections 15 and 16 of this act:
(a) May be applied first to pupils considered most at risk of failure.
(b) Must not be used to settle or arbitrate disputes between a recognized organization representing employees of a school district and the school district, or to settle any negotiations.
(c) Must not be used to adjust the district-wide schedules of salaries and benefits of the employees of a school district.
(d) Must fund the pupil-to-teacher ratios associated with the type of class-size reduction program implemented, with authorization to distribute residual class-size reduction program funds to underperforming schools with approved class-size reduction variances.
2. The money transferred for class-size reduction pursuant to sections 15 and 16 of this act must not be distributed to a school district unless that school district has:
(a) Filed with the Department of Education a plan required by NRS 388.720 for achieving the required ratio set forth in NRS 388.700; and
(b) Demonstrated that, from resources of the school district other than allocations received from the State Distributive School Account for class-size reduction, a sufficient number of classroom teachers have been employed to maintain the average pupil-teacher ratio that existed for each grade for grades 1, 2 and 3 in that school district for the 3 school years immediately preceding the start of the class-size reduction program in the 1990-1991 school year.
Sec. 19. 1. There is hereby appropriated from the State General Fund to the Other State Education Programs Account in the State General Fund the following sums:
κ2019 Statutes of Nevada, Page 2376 (CHAPTER 376, SB 555)κ
For the Fiscal Year 2019-2020..................................................... $91,939,398
For the Fiscal Year 2020-2021..................................................... $90,616,782
2. The money appropriated by subsection 1 must be expended in accordance with NRS 353.150 to 353.246, inclusive, concerning the allotment, transfer, work program and budget. Transfers to and allotments from must be allowed and made in accordance with NRS 353.215 to 353.225, inclusive, after separate consideration of the merits of each request.
3. Expenditure of $1,200,000 by the Department of Education from money in the Other State Education Programs Account that was not appropriated from the State General Fund is hereby authorized during Fiscal Year 2020-2021.
4. The Department of Education shall transfer from the Other State Education Programs Account the sum of $19,260,398 for both Fiscal Year 2019-2020 and Fiscal Year 2020-2021 for distribution by the Superintendent of Public Instruction to county school districts for the support of courses which are approved by the Department of Education as meeting the course of study for an adult standard high school diploma as approved by the State Board of Education. In each fiscal year of the 2019-2021 biennium, the sum transferred must be allocated among the various school districts in accordance with a plan or formula developed by the Department of Education to ensure that the money is distributed equitably and in a manner that permits accounting for the expenditures of school districts.
5. The Department of Education shall, not later than November 1, 2019, and November 1, 2020, provide a written report to the Governor, the Legislative Committee on Education and the Director of the Legislative Counsel Bureau that describes, for the immediately preceding fiscal year, each expenditure made from the amount transferred in subsection 3 of section 16 of chapter 394, Statutes of Nevada 2017, p. 2597 or in subsection 4, as applicable, and the performance results of the participants of the Adult High School Diploma program.
6. Any remaining balance of the allocations made by subsection 4 for Fiscal Year 2019-2020 must be added to the money received by the school districts for Fiscal Year 2020-2021 and may be expended as that money is expended. Any remaining balance of the allocations made by subsection 4 for Fiscal Year 2020-2021, including any such money added from the previous fiscal year, must not be committed for expenditure after June 30, 2021, and must be reverted to the State General Fund on or before September 17, 2021.
7. The money appropriated by subsection 1 to finance specific programs as outlined in this subsection are available for both Fiscal Year 2019-2020 and Fiscal Year 2020-2021 and may be transferred from one fiscal year to the other with the approval of the Interim Finance Committee upon the recommendation of the Governor as follows:
(a) A total of $49,285 in both Fiscal Year 2019-2020 and Fiscal Year 2020-2021 for reimbursement to public school teachers of the actual costs incurred for successful completion of the National Board Teacher Certification Program. Such reimbursement for each teacher must not exceed an amount equal to the actual verified costs incurred by the teacher or $2,000, whichever is less.
(b) A total of $3,640 in both Fiscal Year 2019-2020 and Fiscal Year 2020-2021 for reimbursement to school nurses of the actual examination cost for the successful completion of the National Board Certification for School Nurses.
κ2019 Statutes of Nevada, Page 2377 (CHAPTER 376, SB 555)κ
(c) A total of $668,740 in both Fiscal Year 2019-2020 and Fiscal Year 2020-2021 to add a 5-percent salary increment for Nationally Board Certified School Counselors and School Psychologists.
(d) A total of $449,142 in both Fiscal Year 2019-2020 and Fiscal Year 2020-2021 for LEA library books.
(e) A total of $13,543,822 in both Fiscal Year 2019-2020 and Fiscal Year 2020-2021 for the award of grants for programs of career and technical education pursuant to NRS 388.393 and, notwithstanding the provisions of subsections 1, 2 and 3 of NRS 388.392, not for the use of leadership and training activities and pupil organizations.
(f) A total of $5,106,645 in Fiscal Year 2019-2020 and $4,201,645 in Fiscal Year 2020-2021 for the Jobs for Americas Graduates Program. Of the total transferred in Fiscal Year 2019-2020 pursuant to this paragraph, an amount up to $1,200,000 may only be allocated by the Department of Education to the Jobs for Americas Graduates Program for expenditure upon determination that an equivalent match of money provided by other sources of funding received by the Jobs for Americas Graduates Program has been secured.
(g) A total of $850,000, with a maximum of $50,000 to each of the 17 school districts, in both Fiscal Year 2019-2020 and Fiscal Year 2020-2021 to support special counseling services for elementary school pupils at risk of failure.
(h) A total of $18,798 in both Fiscal Year 2019-2020 and Fiscal Year 2020-2021 to pay the increase of salaries of professional school library media specialists required by NRS 391.163.
(i) A total of $44,583 in both Fiscal Year 2019-2020 and Fiscal Year 2020-2021 for the Geographic Alliance in Nevada.
(j) A total of $106,998 in both Fiscal Year 2019-2020 and Fiscal Year 2020-2021 for vocational student organizations.
(k) A total of $750,000 in both Fiscal Year 2019-2020 and Fiscal Year 2020-2021 for the Nevada Institute on Teaching and Educator Preparation. This funding must be used only to carry out the provisions of NRS 396.5185.
(l) A total of $500,000 in both Fiscal Year 2019-2020 and Fiscal Year 2020-2021 to the Department of Education for transfer to the Clark County Public Education Foundation, Inc., for the implementation and operation of educational leadership training programs. Expenditure of this money is contingent upon matching money being provided from sources other than the appropriation in subsection 1. The Department of Education shall not distribute any money for the implementation and operation of educational leadership training programs until an equivalent amount of matching money has been committed.
8. Upon acceptance of the money transferred pursuant to paragraph (l) of subsection 7, the Clark County Public Education Foundation, Inc. agrees to:
(a) Prepare and transmit a report to the Interim Finance Committee on or before September 18, 2020, that describes each expenditure made from the money transferred pursuant to paragraph (l) of subsection 7 from the date on which the money was received by the Clark County Public Education Foundation, Inc. through June 30, 2020;
(b) Prepare and transmit a final report to the Interim Finance Committee on or before September 17, 2021, that describes each expenditure made from the money transferred pursuant to paragraph (l) of subsection 7 from the date on which the money was received by the Clark County Public Education Foundation, Inc.
κ2019 Statutes of Nevada, Page 2378 (CHAPTER 376, SB 555)κ
on which the money was received by the Clark County Public Education Foundation, Inc. through June 30, 2021; and
(c) Upon request of the Legislative Commission, make available to the Legislative Auditor any of the books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise, of the Clark County Public Education Foundation, Inc., regardless of their form or location, that the Legislative Auditor deems necessary to conduct an audit of the use of the money transferred pursuant to paragraph (l) of subsection 7.
9. Any remaining balance of the sums transferred in subsection 7 must not be committed for expenditure after June 30, 2021, and must be reverted to the State General Fund on or before September 17, 2021.
10. Except as otherwise provided in subsections 6 and 9, unencumbered or unexpended balances of the appropriations made by this section for Fiscal Year 2019-2020 and Fiscal Year 2020-2021 must not be committed for expenditure after June 30 of each fiscal year. Except as otherwise provided in subsections 6 and 9, unencumbered or unexpended balances of these appropriations must revert to the State General Fund on or before September 18, 2020, and September 17, 2021, for each fiscal year respectively.
Sec. 20. Notwithstanding the provisions of paragraphs (d), (i) and (j) of subsection 7 of section 19 of this act, the Department of Education shall transfer from the Other State Education Programs Account the sum of $600,723 in Fiscal Year 2019-2020 and $600,723 in Fiscal Year 2020-2021 identified in paragraphs (d), (i) and (j) of subsection 7 of section 19 of this act to the Account for Programs for Innovation and the Prevention of Remediation created by NRS 387.1247. This funding must be used only to carry out the provisions of Assembly Bill No. 309 of this session.
Sec. 21. 1. The Department of Education shall transfer from the Other State Education Programs Account the sum of $1,314,000 in both Fiscal Year 2019-2020 and Fiscal Year 2020-2021 for incentive grants to public high schools for pupils who earn a college and career ready high school diploma, or reimbursement to a public high school or school district for costs associated with the administration or provision of an assessment, credential, certificate or certification required for receipt of a college and career ready high school diploma pursuant to NRS 390.605.
2. Any remaining balance of the sums transferred by subsection 1 must not be committed for expenditure after June 30 of each fiscal year and must be reverted to the State General Fund on or before September 18, 2020, and September 17, 2021, for each fiscal year respectively.
Sec. 22. 1. The Department of Education shall transfer from the Other State Education Programs Account the sum of $8,274,243 in both Fiscal Year 2019-2020 and Fiscal Year 2020-2021 for pupils enrolled in school districts and charter schools who qualify for gifted and talented education programs.
2. The money transferred by subsection 1 must be distributed on a per-pupil basis to pupils who have been identified as gifted and talented through a state-approved identification procedure and must receive at least 150 minutes per week during the school year of differentiated instruction delivered by a person licensed by the Department of Education to teach pupils who are gifted and talented, unless the pupils individualized educational program otherwise provides. The Department of Education shall calculate an amount of funding for each pupil identified as gifted and talented for both Fiscal Year 2019-2020 and Fiscal Year 2020-2021 by dividing the money appropriated by the Legislature for such pupils in Fiscal Year 2019-2020 and in Fiscal Year 2020-2021 by the total final count of such pupils in the immediately preceding fiscal year.
κ2019 Statutes of Nevada, Page 2379 (CHAPTER 376, SB 555)κ
talented for both Fiscal Year 2019-2020 and Fiscal Year 2020-2021 by dividing the money appropriated by the Legislature for such pupils in Fiscal Year 2019-2020 and in Fiscal Year 2020-2021 by the total final count of such pupils in the immediately preceding fiscal year.
3. The money transferred by subsection 1 for pupils enrolled in school districts and charter schools who qualify for gifted and talented education programs:
(a) Must not be used to settle or arbitrate disputes between a recognized organization representing employees of a school district and the school district, or to settle any negotiations.
(b) Must not be used to adjust the district-wide schedules of salaries and benefits of the employees of a school district.
4. Any remaining balance of the sums transferred by subsection 1 for Fiscal Year 2019-2020 and Fiscal Year 2020-2021 must not be committed for expenditure after June 30 of each fiscal year and must be reverted to the State General Fund on or before September 18, 2020, and September 17, 2021, for each fiscal year respectively.
Sec. 23. 1. The Department of Education shall transfer from the Other State Education Programs Account the following sums for a college and career readiness grant program:
For the Fiscal Year 2019-2020....................................................... $5,000,000
For the Fiscal Year 2020-2021....................................................... $5,000,000
2. Except as otherwise provided in subsection 3, the money transferred by subsection 1 must be used by the Department of Education for awarding competitive grants to school districts and charter schools:
(a) To support dual enrollment for pupils enrolled in high schools, including, without limitation, charter schools, and simultaneously enrolled in college courses; and
(b) To create a competitive science, technology, engineering and mathematics grant program for pupils enrolled in middle schools and high schools, including, without limitation, charter schools, to assist those pupils in becoming college and career ready.
3. Of the money transferred by subsection 1, not more than $750,000 in both Fiscal Year 2019-2020 and Fiscal Year 2020-2021 may be used by the Department of Education to provide competitive grants to school districts, charter schools and nonprofit organizations for the development and implementation of work-based learning pilot programs.
4. The money transferred by subsection 1:
(a) Must be accounted for separately from any other money received by the school districts, charter schools and nonprofit organizations and used only for the purposes specified in this section.
(b) May not be used to settle or arbitrate disputes between a recognized organization representing employees of a school district and the school district, or to settle any negotiations.
(c) May not be used to adjust the district-wide schedules of salaries and benefits of the employees of a school district.
5. Any remaining balance of the sums transferred by subsection 1 for Fiscal Year 2019-2020 and Fiscal Year 2020-2021 must not be committed for expenditure after June 30 of each fiscal year and must be reverted to the State General Fund on or before September 18, 2020, and September 17, 2021, for each fiscal year respectively.
κ2019 Statutes of Nevada, Page 2380 (CHAPTER 376, SB 555)κ
Sec. 24. 1. The Department of Education shall transfer from the Other State Education Programs Account the following sums for underperforming schools:
For the Fiscal Year 2019-2020....................................................... $2,500,000
For the Fiscal Year 2020-2021....................................................... $2,500,000
2. The money transferred by subsection 1 must be used by the Department of Education to provide grants and other financial support, within the limits of legislative appropriation, to public schools to improve the achievement of pupils required by NRS 385A.650 for any one or more of the following:
(a) Activities to replicate high poverty/high performing schools and high performing schools.
(b) To support a transition period until such time as an underperforming school is sustainable at a three-star level, as determined by the Department of Education pursuant to the statewide system of accountability for public schools.
(c) Other activities consistent with the approved federal plan for school improvement.
3. The money transferred pursuant to subsection 1:
(a) Must be accounted for separately from any other money received by the school districts and charter schools of this State and used only for the purposes specified in subsection 2.
(b) May not be used to settle or arbitrate disputes between a recognized organization representing employees of a school district and the school district, or to settle any negotiations.
(c) May not be used to adjust the district-wide schedules of salaries and benefits of the employees of a school district.
4. Any remaining balance of the sums transferred by subsection 1 for Fiscal Year 2019-2020 and Fiscal Year 2020-2021 must not be committed for expenditure after June 30 of each fiscal year and must be reverted to the State General Fund on or before September 18, 2020, and September 17, 2021, for each fiscal year respectively.
Sec. 25. 1. The Department of Education shall transfer from the Other State Education Programs Account the following sums for the Read by Grade 3 grant program:
For the Fiscal Year 2019-2020..................................................... $31,454,516
For the Fiscal Year 2020-2021..................................................... $31,429,229
2. The money transferred by subsection 1 must be used by the Department of Education to provide grants and other financial support, within the limits of legislative appropriation, to public schools to support school-based efforts to ensure that all pupils are proficient in the subject area of reading by the end of the third grade. Such school-based efforts may include, without limitation:
(a) Hiring or training learning strategists;
(b) Entering into contracts with vendors for the purchase of reading assessments, textbooks, computer software or other materials;
(c) Providing professional development for school personnel;
(d) Providing programs to pupils before and after school and during intercessions or summer school; and
(e) Providing other evidence-based literacy initiatives for pupils enrolled in kindergarten and grades 1, 2 and 3.
κ2019 Statutes of Nevada, Page 2381 (CHAPTER 376, SB 555)κ
3. The board of trustees of a school district or the governing body of a charter school that receives a grant of money pursuant to subsection 2 shall:
(a) Set measurable performance objectives based on aggregated pupil achievement data; and
(b) Prepare and submit to the Department of Education, on or before September 1, 2020, for funding received from the state in Fiscal Year 2019-2020 and September 1, 2021, for funding received from the state in Fiscal Year 2020-2021, a report that includes, without limitation:
(1) A description of the programs or services for which the money was used by each school; and
(2) The number of pupils who participated in a program or received services.
4. The Department of Education shall prepare a report that includes, without limitation:
(a) Identification of the schools that received an allocation of money by the school district or grant of money from the Department, as applicable;
(b) The amount of money received by each school;
(c) A description of the programs or services for which the money was used by each school;
(d) The number of pupils who participated in a program or received services;
(e) The average expenditure per pupil for each program or service;
(f) An evaluation of the effectiveness of the program or service, including, without limitation, data regarding the academic and linguistic achievement and proficiency of pupils who participated in such a program or received such services; and
(g) Any recommendations for legislation, including, without limitation, legislation to continue or expand programs or services that are identified as effective in improving the reading proficiency of pupils in kindergarten through grade 3.
5. On or before November 15, 2020, the Department shall submit the report prepared pursuant to subsection 4 and any recommendations made by the State Board of Education or the Legislative Committee on Education to the Governor and to the Director of the Legislative Counsel Bureau for transmittal to the 81st Session of the Nevada Legislature.
6. The money transferred pursuant to subsection 1:
(a) Must be accounted for separately from any other money received by the school districts and charter schools of this State and used only for the purposes specified in subsection 2.
(b) May not be used to settle or arbitrate disputes between a recognized organization representing employees of a school district and the school district, or to settle any negotiations.
(c) May not be used to adjust the district-wide schedules of salaries and benefits of the employees of a school district.
7. Any balance of the money transferred by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of each fiscal year and must be reverted to the State General Fund on or before September 18, 2020, and September 17, 2021, respectively.
Sec. 26. 1. There is hereby appropriated from the State General Fund to the Account for Programs for Innovation and the Prevention of Remediation created by NRS 387.1247 the following sums:
κ2019 Statutes of Nevada, Page 2382 (CHAPTER 376, SB 555)κ
For the Fiscal Year 2019-2020..................................................... $49,950,000
For the Fiscal Year 2020-2021..................................................... $49,950,000
2. The money appropriated by subsection 1 must be expended in accordance with NRS 353.150 to 353.246, inclusive, concerning the allotment, transfer, work program and budget. Transfers to and allotments from must be allowed and made in accordance with NRS 353.215 to 353.225, inclusive, after separate consideration of the merits of each request.
3. The Department of Education shall transfer from the appropriation made by subsection 1 to the school districts specified in this subsection the following sums which must be used only to carry out the provisions of section 1 of Senate Bill No. 467 of this session for Fiscal Year 2019-2020:
School District: 2019-2020
Clark County School District $37,981,010
Washoe County School District $6,917,574
4. Except as otherwise provided in subsection 5, the Department of Education shall calculate an amount of funding for each pupil identified as an English learner, as defined in NRS 385.007, for Fiscal Year 2020-2021, by dividing the money appropriated by subsection 1 for Fiscal Year 2020-2021 by the total final count of such pupils in Fiscal Year 2019-2020 and shall transfer the applicable sums to the school districts specified in subsection 3.
5. Of the sums appropriated by subsection 1, the Department of Education shall use not more than $5,051,416 in Fiscal Year 2019-2020 and the amount determined in subsection 4 other than the amounts determined for the Clark County School District and Washoe County School District in Fiscal Year 2020-2021, which must be used only to carry out the provisions of section 1 of Senate Bill No. 467 of this session to provide grants of money to the State Public Charter School Authority and the school districts, other than the Clark County School District and the Washoe County School District. The board of trustees of a school district and the State Public Charter School Authority may submit an application to the Department on a form prescribed by the Department.
6. Any remaining balance of the transfers made by subsection 3 for Fiscal Year 2019-2020 must be added to the money transferred for Fiscal Year 2020-2021 and may be expended as that money is expended. Any remaining balance of the transfers made by subsection 4 for Fiscal Year 2020-2021, including any money added from the previous fiscal year, must not be committed for expenditure after June 30, 2021, and must be reverted to the State General Fund on or before September 17, 2021.
7. Any remaining balance of the transfers made by subsection 5 for Fiscal Year 2019-2020 must be added to the money transferred for Fiscal Year 2020-2021 and may be expended as that money is expended. Any remaining balance of the transfers made pursuant to subsection 5 for Fiscal Year 2020-2021, including any money added from the previous fiscal year, must not be committed for expenditure after June 30, 2021, and must be reverted to the State General Fund on or before September 17, 2021.
8. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2021, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 17, 2021, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 17, 2021.
κ2019 Statutes of Nevada, Page 2383 (CHAPTER 376, SB 555)κ
was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 17, 2021.
Sec. 27. 1. There is hereby appropriated from the State General Fund to the Account for Programs for Innovation and the Prevention of Remediation created by NRS 387.1247 a total of $10,000,000 in both Fiscal Year 2019-2020 and Fiscal Year 2020-2021 to be distributed by the Commission on Educational Technology created by NRS 388.790 for the Nevada Ready 21 Technology competitive grant program for statewide one-to-one pupil computing to provide pupils and teachers with 24-hour access to their own personal, portable, technology device connected wirelessly to the Internet. The money must not be used for administrative expenditures of the Department of Education.
2. The money appropriated by subsection 1 must be expended in accordance with NRS 353.150 to 353.246, inclusive, concerning the allotment, transfer, work program and budget. Transfers to and allotments from must be allowed and made in accordance with NRS 353.215 to 353.225, inclusive, after separate consideration of the merits of each request.
3. Any remaining balance of the appropriation made by subsection 1 for Fiscal Year 2019-2020 must be added to the money appropriated for Fiscal Year 2020-2021 and may be expended as that money is expended. Any remaining balance of the appropriation made by subsection 1 for Fiscal Year 2020-2021, including any such money added from the previous fiscal year, must not be committed for expenditure after June 30, 2021, and does not revert to the State General Fund.
Sec. 28. 1. There is hereby appropriated from the State General Fund to the Account for Programs for Innovation and the Prevention of Remediation created by NRS 387.1247 the following sums:
For the Fiscal Year 2019-2020..................................................... $21,768,829
For the Fiscal Year 2020-2021..................................................... $23,824,084
2. The money appropriated by subsection 1 must be expended in accordance with NRS 353.150 to 353.246, inclusive, concerning the allotment, transfer, work program and budget. Transfers to and allotments from must be allowed and made in accordance with NRS 353.215 to 353.225, inclusive, after separate consideration of the merits of each request.
3. The Department of Education shall transfer money from the appropriation made by subsection 1 to school districts and charter schools which must be used only to carry out the provisions of section 2 of Senate Bill No. 467 of this session for Fiscal Year 2019-2020 and Fiscal Year 2020-2021, respectively.
4. Expenditure of $3,231,171 in Fiscal Year 2019-2020 and $1,175,916 in Fiscal Year 2020-2021 from money in the Account for Programs for Innovation and the Prevention of Remediation created by NRS 387.1247 that was not appropriated from the State General Fund is hereby authorized for use to carry out the provisions of section 2 of Senate Bill No. 467 of this session for Fiscal Year 2019-2020 and Fiscal Year 2020-2021, respectively.
5. A Victory School that attains a performance rating of three-stars or higher, and that would otherwise not be eligible to receive a Victory Schools grant pursuant to the current program requirements, may retain 50 percent of the Victory Schools grant funding received in the preceding year to sustain successful programs for each year of the 2019-2021 biennium.
κ2019 Statutes of Nevada, Page 2384 (CHAPTER 376, SB 555)κ
6. Any remaining balance of the transfers made to carry out the provisions of section 2 of Senate Bill No. 467 of this session for Fiscal Year 2019-2020 must be added to the money transferred for Fiscal Year 2020-2021 and may be expended as that money is expended. Any remaining balance of the transfers made to carry out the provisions of section 2 of Senate Bill No. 467 of this session for Fiscal Year 2020-2021, including any money added from the previous fiscal year, must not be committed for expenditure after June 30, 2021, and must be reverted to the State General Fund on or before September 17, 2021.
Sec. 29. 1. There is hereby appropriated from the State General Fund to the Account for Programs for Innovation and the Prevention of Remediation created by NRS 387.1247 the following sums:
For the Fiscal Year 2019-2020....................................................... $2,500,000
For the Fiscal Year 2020-2021....................................................... $2,500,000
2. On or before August 31, 2019, the board of trustees of a school district may apply to the State Board of Education for a grant of money from the money appropriated by subsection 1 to provide financial incentives to newly hired teachers as described in subsection 3. Each application submitted pursuant to this subsection must include the number of teachers to whom the board of trustees intends to provide such incentives. On or before October 31, 2019, the State Board of Education shall distribute the money to each board of trustees of a school district that submits an application in proportion to the number of teachers to whom the board of trustees plans to provide incentives.
3. Each board of trustees of a school district that receives a grant of money pursuant to subsection 2 must use the money to pay for incentives to newly hired teachers through the program of performance pay and enhanced compensation for the recruitment and retention of licensed teachers and administrators established by the board of trustees pursuant to NRS 391A.450. A board of trustees of a school district may only use such money to provide incentives to licensed teachers who were not employed by the board of trustees during the 2018-2019 school year and:
(a) Are employed full-time to teach in a school that:
(1) Is a Title I school, as defined in NRS 385A.040; or
(2) Received one of the two lowest possible ratings indicating underperformance of a public school, as determined by the Department of Education pursuant to the statewide system of accountability for public schools, for the most recent school year; or
(b) Are licensed to teach special education and employed full time.
4. An incentive provided pursuant to subsection 3 may be used to increase the base salary of a teacher for the 2019-2020 and 2020-2021 school years in an amount not to exceed $5,000 per school year. A teacher who receives such an incentive is not entitled to continue to receive such an incentive after the 2020-2021 school year, and the board of trustees of a school district is not required to pay such an incentive after that school year.
5. The board of trustees of a school district that provides an incentive pursuant to subsection 3 shall provide professional development to each teacher who receives such an incentive for each school year for which the teacher receives the incentive.
6. Any remaining balance of the appropriation made by subsection 1 for Fiscal Year 2019-2020 must be added to the money appropriated for Fiscal Year 2020-2021 and may be expended as that money is expended. Any remaining balance of the appropriation made by subsection 1 for Fiscal Year 2020-2021, including any such money added from the previous fiscal year, must not be committed for expenditure after June 30, 2021, and does not revert to the State General Fund.
κ2019 Statutes of Nevada, Page 2385 (CHAPTER 376, SB 555)κ
remaining balance of the appropriation made by subsection 1 for Fiscal Year 2020-2021, including any such money added from the previous fiscal year, must not be committed for expenditure after June 30, 2021, and does not revert to the State General Fund.
Sec. 30. 1. There is hereby appropriated from the State General Fund to the Account for Programs for Innovation and the Prevention of Remediation created by NRS 387.1247 the sum of $2,500,000 for allocation to the Department of Education to provide incentives for the hiring of new teachers to teach at Title I schools or schools that are designated as underperforming pursuant to the statewide system of accountability for public schools.
2. There is hereby appropriated from the State General Fund to the Account for Programs for Innovation and the Prevention of Remediation created by NRS 387.1247 the sum of $2,500,000 for allocation to the Department of Education to provide incentives for teachers who are currently employed to teach at a public school in Nevada that is not a Title I school or a school designated as underperforming pursuant to the statewide system of accountability for public schools and who transfer to teach at a Title I school or a school with that designation.
3. The money appropriated by subsections 1 and 2 must be expended in accordance with NRS 353.150 to 353.246, inclusive, concerning the allotment, transfer, work program and budget. Transfers to and allotments from must be allowed and made in accordance with NRS 353.215 to 353.225, inclusive, after separate consideration of the merits of each request.
4. Any remaining balance of the appropriations made by subsections 1 and 2 must not be committed for expenditure after June 30, 2021, and does not revert to the State General Fund.
Sec. 31. 1. There is hereby appropriated from the State General Fund to the Professional Development Programs Account:
For the Fiscal Year 2019-2020....................................................... $7,667,393
For the Fiscal Year 2020-2021....................................................... $7,667,393
2. The money appropriated by subsection 1 must be expended in accordance with NRS 353.150 to 353.246, inclusive, concerning the allotment, transfer, work program and budget. Transfers to and allotments from must be allowed and made in accordance with NRS 353.215 to 353.225, inclusive, after separate consideration of the merits of each request.
Sec. 32. 1. Of the sums appropriated by subsection 1 of section 31 of this act, the Department of Education shall transfer to the school districts specified in this subsection the following sums for Fiscal Year 2019-2020 and Fiscal Year 2020-2021:
School District 2019-2020 2020-2021
Clark County School District $4,030,407 $4,030,407
Elko County School District $1,265,644 $1,265,644
Washoe County School District $2,271,342 $2,271,342
TOTAL: $7,567,393 $7,567,393
2. A school district that receives an allocation pursuant to subsection 1 shall serve as fiscal agent for the respective regional training program for the professional development of teachers and administrators. As fiscal agent, each school district is responsible for the payment, collection and holding of all money received from this State for the maintenance and support of the regional training program for the professional development of teachers and administrators and the Nevada Early Literacy Intervention Program established and operated by the applicable governing body.
κ2019 Statutes of Nevada, Page 2386 (CHAPTER 376, SB 555)κ
administrators and the Nevada Early Literacy Intervention Program established and operated by the applicable governing body.
3. Any remaining balance of the transfers made by subsection 1 for Fiscal Year 2019-2020 must be added to the money received by the school districts for Fiscal Year 2020-2021 and may be expended as that money is expended. Any remaining balance of the transfers made by subsection 1 for Fiscal Year 2020-2021, including any money added from the transfer for the previous fiscal year, must not be committed for expenditure after June 30, 2021, and must be reverted to the State General Fund on or before September 17, 2021.
Sec. 33. 1. Of the sums appropriated by subsection 1 of section 31 of this act, the Department of Education shall transfer to the Statewide Council for the Coordination of the Regional Training Programs created by NRS 391A.130 the sum of $100,000 in both Fiscal Year 2019-2020 and Fiscal Year 2020-2021 for additional training opportunities for educational administrators in Nevada.
2. The Statewide Council shall use the money:
(a) To disseminate research-based knowledge related to effective educational leadership behaviors and skills.
(b) To develop, support and maintain ongoing activities, programs, training and networking opportunities.
(c) For the purpose of providing additional training for educational administrators, including, without limitation, to pay:
(1) Travel expenses of administrators who attend the training program;
(2) Travel and per diem expenses for any consultants contracted to provide additional training; and
(3) Any charges to obtain a conference room for the provision of the additional training.
(d) To supplement and not replace the money that the school district or the regional training program would otherwise expend for the training of administrators as described in this section.
3. Any remaining balance of the transfer made by subsection 1 for Fiscal Year 2019-2020 must be added to the money received by the Statewide Council for Fiscal Year 2020-2021 and may be expended as that money is expended. Any remaining balance of the transfer made by subsection 1 for Fiscal Year 2020-2021, including any money added from the transfer for the previous fiscal year, must not be committed for expenditure after June 30, 2021, and must be reverted to the State General Fund on or before September 17, 2021.
Sec. 34. 1. There is hereby appropriated from the State General Fund to the Department of Education the sum of $120,000 to administer the training required pursuant to paragraph (g) of subsection 1 of NRS 391A.125, as amended by section 8 of Senate Bill No. 314 of this session.
2. Any balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2021, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 17, 2021, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 17, 2021.
κ2019 Statutes of Nevada, Page 2387 (CHAPTER 376, SB 555)κ
Sec. 35. 1. There is hereby appropriated from the State General Fund to the Great Teaching and Leading Fund created by NRS 391A.500 the following sums:
For the Fiscal Year 2019-2020....................................................... $4,907,254
For the Fiscal Year 2020-2021....................................................... $4,907,254
2. The money appropriated by subsection 1 must be expended in accordance with NRS 353.150 to 353.246, inclusive, concerning the allotment, transfer, work program and budget. Transfers to and allotments from must be allowed and made in accordance with NRS 353.215 to 353.225, inclusive, after separate consideration of the merits of each request.
3. The Department of Education shall use the money appropriated by subsection 1 for providing competitive grants of money which must be used only to carry out the provisions of NRS 391A.500 to 391A.515, inclusive.
4. Any remaining balance of the appropriation made by subsection 1 for Fiscal Year 2019-2020 must be added to the appropriation for Fiscal Year 2020-2021 and may be expended as that money is expended. Any remaining balance of the appropriation made by subsection 1 for Fiscal Year 2020-2021, including any such money added from the previous fiscal year, must not be committed for expenditure after June 30, 2021, and does not revert to the State General Fund.
5. Expenditure of $94,591 in both Fiscal Year 2019-2020 and Fiscal Year 2020-2021 from money in the Great Teaching and Leading Fund created by NRS 391A.500 that was not appropriated from the State General Fund is hereby authorized to carry out the provisions of NRS 391A.500 to 391A.515, inclusive.
6. For the purposes of accounting and reporting, the sum authorized for expenditure by subsection 5 is considered to be expended before any appropriation is made to the Great Teaching and Leading Fund from the State General Fund.
7. The money authorized to be expended by subsection 5 must be expended in accordance with NRS 353.150 to 353.246, inclusive, concerning the allotment, transfer, work program and budget. Transfers to and allotments from must be allowed and made in accordance with NRS 353.215 to 353.225, inclusive, after separate consideration of the merits of each request.
8. The Director of the Office of Finance in the Office of the Governor may, with the approval of the Governor, authorize the augmentation of the amounts authorized for expenditure by the Department of Education in subsection 5, for the purpose of carrying out the provisions of NRS 391A.500 to 391A.515, inclusive, with amounts from any other state agency, from any agency of local government, from any agency of the Federal Government or from any other source that he or she determines is in excess of the amount taken into consideration by this act. The Director of the Office of Finance shall reduce any authorization whenever he or she determines that money to be received will be less than the amount authorized in subsection 5.
Sec. 36. 1. There is hereby appropriated from the State General Fund to the Great Teaching and Leading Fund created by NRS 391A.500 the following sums:
For the Fiscal Year 2019-2020....................................................... $4,907,254
For the Fiscal Year 2020-2021....................................................... $4,907,254
2. The Department of Education shall transfer from the Great Teaching and Leading Fund created by NRS 391A.500 the sum of $4,907,254 in Fiscal Year 2019-2020 and $4,907,254 in Fiscal Year 2020-2021 to the Account for Programs for Innovation and the Prevention of Remediation created by NRS 387.1247.
κ2019 Statutes of Nevada, Page 2388 (CHAPTER 376, SB 555)κ
Year 2019-2020 and $4,907,254 in Fiscal Year 2020-2021 to the Account for Programs for Innovation and the Prevention of Remediation created by NRS 387.1247. This funding must be used only to carry out the provisions of Assembly Bill No. 309 of this session.
Sec. 37. 1. There is hereby appropriated from the State General Fund to the Professional Development Programs Account the sum of $1,300,000 in both Fiscal Year 2019-2020 and Fiscal Year 2020-2021 for the Department of Education to allocate funding to school districts for the support of a peer assistance and review program.
2. A school district that receives an allocation pursuant to subsection 1 shall use the allocation to provide assistance to teachers in meeting the standards for effective teaching, including, without limitation, by:
(a) Conducting observations and peer assistance and review; and
(b) Providing information and resources to teachers about strategies for effective teaching.
3. The sums allocated by subsection 1:
(a) Must be accounted for separately from any other money received by the school district and used only for the purposes specified in this section.
(b) May be used for expenses relating to conducting a program of peer assistance and review of teachers, which may include, without limitation, salaries and benefits of teachers and supervisors who provide consulting services, salaries and benefits of necessary substitute teachers, supplies, travel expenses and expenses relating to professional development.
(c) May not be used to settle or arbitrate disputes between a recognized organization representing employees of the school district and the school district, or to settle any negotiations.
(d) May not be used to adjust the district-wide schedules of salaries and benefits of the employees of the school district.
4. Any balance of the appropriation made by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 18, 2020, and September 17, 2021, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2020, and September 17, 2021, respectively.
Sec. 38. 1. There is hereby appropriated from the State General Fund to the Professional Development Programs Account the sum of $1,300,000 in both Fiscal Year 2019-2020 and Fiscal Year 2020-2021.
2. The Department of Education shall transfer from the Professional Development Programs Account $1,300,000 in Fiscal Year 2019-2020 and $1,300,000 in Fiscal Year 2020-2021 to the Account for Programs for Innovation and the Prevention of Remediation created by NRS 387.1247. This funding must be used only to carry out the provisions of Assembly Bill No. 309 of this session.
Sec. 39. 1. There is hereby appropriated from the State General Fund to the Contingency Account for Special Education Services created by NRS 388.5243 the sum of $100 in both Fiscal Year 2019-2020 and Fiscal Year 2020-2021.
κ2019 Statutes of Nevada, Page 2389 (CHAPTER 376, SB 555)κ
2. There is hereby authorized for expenditure from the Contingency Account for Special Education Services the sum of $1,999,900 in both Fiscal Year 2019-2020 and Fiscal Year 2020-2021.
3. The money appropriated by subsection 1 and authorized to be expended by subsection 2 must be used only to carry out the purpose of the Contingency Account for Special Education Services created by NRS 388.5243.
4. Any remaining balance of the money appropriated by subsection 1 for Fiscal Year 2019-2020 and Fiscal Year 2020-2021 must not be committed for expenditure after June 30 of each fiscal year and must be reverted to the State General Fund on or before September 18, 2020, and September 17, 2021, for each fiscal year respectively.
Sec. 40. 1. There is hereby appropriated from the State General Fund to the Grant Fund for Incentives for Licensed Educational Personnel created by NRS 391A.400 to purchase one-fifth of a year of retirement service credit pursuant to section 5 of chapter 8, Statutes of Nevada 2007, 23rd Special Session, at page 18:
For the Fiscal Year 2019-2020....................................................... $1,000,000
For the Fiscal Year 2020-2021....................................................... $1,000,000
2. The money appropriated by subsection 1 is available for either fiscal year with the approval of the Interim Finance Committee upon the recommendation of the Governor. Any remaining balance of those sums must not be committed for expenditure after June 30, 2021, and must be reverted to the State General Fund on or before September 17, 2021.
Sec. 41. 1. There is hereby appropriated from the State General Fund to the Bullying Prevention Account created by NRS 388.1325 to provide bullying prevention grant funding to school districts:
For the Fiscal Year 2019-2020............................................................ $45,000
For the Fiscal Year 2020-2021............................................................ $45,000
2. The money appropriated by subsection 1 must be expended in accordance with NRS 353.150 to 353.246, inclusive, concerning the allotment, transfer, work program and budget. Transfers to and allotments from must be allowed and made in accordance with NRS 353.215 to 353.225, inclusive, after separate consideration of the merits of each request.
3. Any remaining balance of the appropriation made by subsection 1 for Fiscal Year 2019-2020 and Fiscal Year 2020-2021 must not be committed for expenditure after June 30 of each fiscal year and must be reverted to the State General Fund on or before September 18, 2020, and September 17, 2021, for each fiscal year respectively.
Sec. 42. 1. There is hereby appropriated from the State General Fund to the Teach Nevada Scholarship Program Account created by NRS 391A.575 to award grants to universities, colleges and other providers of an alternative licensure program that are approved to award Teach Nevada Scholarships pursuant to NRS 391A.585:
For the Fiscal Year 2019-2020....................................................... $2,428,280
For the Fiscal Year 2020-2021....................................................... $2,407,861
2. The money appropriated by subsection 1 must be expended in accordance with NRS 353.150 to 353.246, inclusive, concerning the allotment, transfer, work program and budget. Transfers to and allotments from must be allowed and made in accordance with NRS 353.215 to 353.225, inclusive, after separate consideration of the merits of each request.
κ2019 Statutes of Nevada, Page 2390 (CHAPTER 376, SB 555)κ
3. Expenditure of $4,889,311 in Fiscal Year 2019-2020 and $5,514,311 in Fiscal Year 2020-2021 from money in the Teach Nevada Scholarship Program Account that was not appropriated from the State General Fund is hereby authorized to award grants to universities, colleges and other providers of an alternative licensure program that are approved to award Teach Nevada Scholarships pursuant to NRS 391A.585.
4. For the purposes of accounting and reporting, the sum authorized for expenditure by subsection 3 is considered to be expended before any appropriation is made to the Teach Nevada Scholarship Program Account from the State General Fund.
Sec. 43. 1. There is hereby appropriated from the State General Fund to the School Safety Account the following sums:
For the Fiscal Year 2019-2020..................................................... $16,603,728
For the Fiscal Year 2020-2021..................................................... $21,382,611
2. Of the appropriation made by subsection 1, the Department of Education shall transfer $14,592,588 in Fiscal Year 2019-2020 and $18,068,101 in Fiscal Year 2020-2021 to school districts and charter schools for block grants for contract or employee social workers or other licensed mental health workers in schools with identified needs. The money must not be used for administrative expenditures of the Department of Education.
3. For purposes of the allocations of sums for the block grant program described in subsection 2, eligible social workers or other licensed mental health workers includes the following:
(a) Licensed clinical social worker;
(b) Social worker;
(c) Social worker intern with supervision;
(d) Clinical psychologist;
(e) Psychologist intern with supervision;
(f) Marriage and family therapist;
(g) Mental health counselor;
(h) Community health worker;
(i) School-based health center; and
(j) Licensed nurse.
4. The money appropriated by subsection 1 must be expended in accordance with NRS 353.150 to 353.246, inclusive, concerning the allotment, transfer, work program and budget. Transfers to and allotments from must be allowed and made in accordance with NRS 353.215 to 353.225, inclusive, after separate consideration of the merits of each request.
5. Any remaining balance of the transfers made by subsection 2 for Fiscal Year 2019-2020 must be added to the money transferred for Fiscal Year 2020-2021 and may be expended as that money is expended. Any remaining balance of the transfers made by subsection 2 for Fiscal Year 2020-2021, including any such money added from the previous fiscal year, must not be committed for expenditure after June 30, 2021, and must be reverted to the State General Fund on or before September 17, 2021.
6. Of the appropriation made by subsection 1, $1,500,000 in Fiscal Year 2019-2020 and $3,000,000 in Fiscal Year 2020-2021 must be transferred by the Department of Education to provide grants to public schools to fund additional school resource officers or school police officers, based upon need, utilizing school discipline data, school violence data, school climate data, school vulnerability, and the ability of the school district or charter school, to hire additional school police officer or school resource officer positions.
κ2019 Statutes of Nevada, Page 2391 (CHAPTER 376, SB 555)κ
or charter school, to hire additional school police officer or school resource officer positions. The money must not be used for administrative expenditures of the Department of Education.
7. The money transferred pursuant to subsection 6:
(a) Must be accounted for separately from any other money received by the school districts and charter schools of this State and used only for the purposes specified in subsection 6.
(b) May not be used to settle or arbitrate disputes between a recognized organization representing employees of a school district and the school district, or to settle any negotiations.
(c) May not be used to adjust the district-wide schedules of salaries and benefits of the employees of a school district.
8. Except as otherwise provided in subsection 5, any remaining balance of the sums appropriated by subsection 1 for Fiscal Year 2019-2020 and Fiscal Year 2020-2021 must not be committed for expenditure after June 30 of each fiscal year and must be reverted to the State General Fund on or before September 18, 2020, and September 17, 2021, for each fiscal year respectively.
Sec. 44. 1. There is hereby appropriated from the State General Fund to the School Safety Account the sum of $7,500,000 to provide grants utilizing a competitive grant process based on demonstrated need, within the limits of legislative appropriation, to school districts in counties whose population is less than 100,000 and to charter schools for school safety facility improvements.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2021, and must be reverted to the State General Fund on or before September 17, 2021.
Sec. 45. 1. There is hereby appropriated from the State General Fund to the Account for the New Nevada Education Funding Plan created by NRS 387.129 the following sums:
For the Fiscal Year 2019-2020..................................................... $69,937,000
For the Fiscal Year 2020-2021..................................................... $69,937,000
2. This funding must be used only to carry out the provisions of NRS 387.131 to 387.139, inclusive. The money appropriated by subsection 1 must be expended in accordance with NRS 353.150 to 353.246, inclusive, concerning the allotment, transfer, work program and budget. Transfers to and allotments from must be allowed and made in accordance with NRS 353.215 to 353.225, inclusive, after separate consideration of the merits of each request.
3. Expenditure of $22,044 in both Fiscal Year 2019-2020 and Fiscal Year 2020-2021 from money in the Account for the New Nevada Education Funding Plan that was not appropriated from the State General Fund is hereby authorized for the New Nevada Education Funding Plan program to carry out the provisions of NRS 387.131 to 387.139, inclusive.
4. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2021, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 17, 2021, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and does not revert to the State General Fund.
κ2019 Statutes of Nevada, Page 2392 (CHAPTER 376, SB 555)κ
Sec. 46. 1. There is hereby appropriated from the State General Fund to the Teachers School Supplies Reimbursement Account created by NRS 387.1253 to reimburse teachers for out-of-pocket expenses incurred in connection with purchasing necessary school supplies for the pupils they instruct:
For the Fiscal Year 2019-2020....................................................... $4,499,000
For the Fiscal Year 2020-2021....................................................... $4,499,000
2. The money appropriated by subsection 1 must be expended in accordance with NRS 353.150 to 353.246, inclusive, concerning the allotment, transfer, work program and budget. Transfers to and allotments from must be allowed and made in accordance with NRS 353.215 to 353.225, inclusive, after separate consideration of the merits of each request.
3. Expenditure of $1,000 in both Fiscal Year 2019-2020 and Fiscal Year 2020-2021 from money in the Teachers School Supplies Reimbursement Account that was not appropriated from the State General Fund is hereby authorized to reimburse teachers for out-of-pocket expenses incurred in connection with purchasing necessary school supplies for the pupils they instruct.
4. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2021, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 17, 2021, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and does not revert to the State General Fund.
Sec. 47. 1. Expenditure of the following sums not appropriated from the State General Fund or the State Highway Fund is hereby authorized during Fiscal Year 2019-2020 and Fiscal Year 2020-2021 by the Department of Education for the State Supplemental School Support Account created by NRS 387.191:
For the Fiscal Year 2019-2020................................................... $187,177,000
For the Fiscal Year 2020-2021................................................... $190,585,000
2. The Superintendent of Public Instruction shall transfer all money credited to the State Supplemental School Support Account on and after July 1, 2019, through June 30, 2021, to the State Distributive School Account.
Sec. 48. 1. There is hereby appropriated from the State General Fund to the Account for Instruction in Financial Literacy created by NRS 388.895 the following sums:
For the Fiscal Year 2019-2020.......................................................... $750,000
For the Fiscal Year 2020-2021.......................................................... $750,000
2. If and only if Senate Bill No. 314 of this session is enacted by the Legislature and approved by the Governor, the Department of Education shall transfer from the appropriations made by subsection 1 to the school districts specified in this subsection the following sums which must be used only to carry out the provisions of Senate Bill No. 314 of this session for Fiscal Year 2019-2020 and Fiscal Year 2020-2021:
School District: 2019-2020 2020-2021
Clark County School District $500,000 $500,000
Washoe County School District $150,000 $150,000
κ2019 Statutes of Nevada, Page 2393 (CHAPTER 376, SB 555)κ
3. If and only if Senate Bill No. 314 of this session is enacted by the Legislature and approved by the Governor, of the money appropriated by subsection 1, the sum of $100,000 in Fiscal Year 2019-2020 and $100,000 in Fiscal Year 2020-2021 must be used to award grants of money to school districts, other than the Clark County School District and Washoe County School District, and to the sponsors of charter schools that submit an application to the Department of Education. The amount granted to each school district and charter school must be based upon the number of pupils enrolled in each such school district or charter school, as applicable, who are enrolled in a subject area in which instruction in financial literacy is provided, and not on a competitive basis.
4. Money transferred by subsection 2 must be used to support instruction in financial literacy, including, without limitation, by providing technical assistance, monitoring, support and professional development training regarding financial literacy to teachers who teach in a subject area in which instruction in financial literacy is provided.
5. Any balance of the sums appropriated by subsection 1 that is unencumbered or unexpended at the end of the respective fiscal years does not revert to the State General Fund, must be carried forward to the next fiscal year and is hereby authorized for use in the next fiscal year for the purposes specified in subsection 3 or 4, as applicable.
6. The sums appropriated by this section must be accounted for separately by each school district and charter school from any other money and used only for the purposes specified in this section.
Sec. 49. 1. If Assembly Bill No. 533 of this session is not enacted by the Legislature and approved by the Governor, expenditure of $55,574,846 during Fiscal Year 2019-2020 and $57,242,070 during Fiscal Year 2020-2021 is hereby authorized for the Department of Taxations Marijuana Regulation and Control Account.
2. If Assembly Bill No. 533 of this session is enacted by the Legislature and approved by the Governor, expenditure of $55,574,846 during Fiscal Year 2019-2020 is hereby authorized for the Department of Taxations Marijuana Regulation and Control Account and expenditure of $57,242,070 during Fiscal Year 2020-2021 is hereby authorized for the Cannabis Compliance Board created by section 54 of Assembly Bill No. 533 of this session.
3. If Assembly Bill No. 533 of this session is enacted by the Legislature and approved by the Governor, any balance of the sums authorized by subsection 2 that is unencumbered or unexpended by June 30, 2020, and not required to be transferred to the Distributive School Account or to local governments pursuant to NRS 372A.290, 453A.344 or 453D.510 is hereby authorized to be used by the Cannabis Compliance Board created by Assembly Bill No. 533 of this session on July 1, 2020.
Sec. 50. NRS 387.191 is hereby amended to read as follows:
387.191 1. Except as otherwise provided in this subsection, the proceeds of the tax imposed pursuant to NRS 244.33561 and any applicable penalty or interest must be paid by the county treasurer to the State Treasurer for credit to the State Supplemental School Support Account, which is hereby created in the State General Fund. The county treasurer may retain from the proceeds an amount sufficient to reimburse the county for the actual cost of collecting and administering the tax, to the extent that the county incurs any cost it would not have incurred but for the enactment of this section and NRS 387.193 or NRS 244.33561, but in no case exceeding the amount authorized by statute for this purpose. Any interest or other income earned on the money in the State Supplemental School Support Account must be credited to the Account.
κ2019 Statutes of Nevada, Page 2394 (CHAPTER 376, SB 555)κ
other income earned on the money in the State Supplemental School Support Account must be credited to the Account.
2. On or before February 1, May 1, August 1 and November 1 of [2020,] 2022, and on those dates each year thereafter, the Superintendent of Public Instruction shall transfer from the State Supplemental School Support Account all the proceeds of the tax imposed pursuant to NRS 244.33561, including any interest or other income earned thereon, and distribute the proceeds proportionally among the school districts and charter schools of the state. The proportionate amount of money distributed to each school district or charter school must be determined by dividing the number of [students] pupils enrolled in the school district or charter school by the number of [students] pupils enrolled in all the school districts and charter schools of the state. For the purposes of this subsection, the enrollment in each school district and the number of [students] pupils who reside in the district and are enrolled in a charter school must be determined as of each quarter of the school year. This determination governs the distribution of money pursuant to this subsection until the next quarterly determination of enrollment is made. The Superintendent may retain from the proceeds of the tax an amount sufficient to reimburse the Superintendent for the actual cost of administering the provisions of this section and NRS 387.193, to the extent that the Superintendent incurs any cost the Superintendent would not have incurred but for the enactment of this section and NRS 387.193, but in no case exceeding the amount authorized by statute for this purpose.
Sec. 51. Section 8 of chapter 4, Statutes of Nevada 2009, as last amended by section 44 of chapter 394, Statutes of Nevada 2017, at page 2614, is hereby amended to read as follows:
Sec. 8. Transitory provision.
1. Notwithstanding the expiration of section 4 of this measure on June 30, 2011, any tax and any interest or penalty owing and unpaid as of that date and collected on or before October 1, 2011, must be paid, deposited and credited to the State General Fund as provided in that section.
2. The Superintendent of Public Instruction shall make the initial transfer from the State Supplemental School Support Account, as required by section 6 of this measure, on or before February 1, [2020.] 2022.
3. The board of trustees of each school district and the governing body of each charter school shall prepare their initial reports to the Superintendent of Public Instruction, as required by section 6 of this measure, on or before November 10, [2020.] 2022.
Sec. 52. 1. This section and section 44 of this act become effective upon passage and approval.
2. Sections 1 to 19, inclusive, 21 to 25, inclusive, 27, 29 to 33, inclusive, 39 to 43, inclusive, and 45 to 51, inclusive, of this act become effective on July 1, 2019.
3. Sections 20, 36 and 38 of this act become effective on July 1, 2019, if and only if Assembly Bill No. 309 of this session is enacted by the Legislature and approved by the Governor.
4. Sections 35 and 37 of this act become effective on July 1, 2019, if and only if Assembly Bill No. 309 of this session is not enacted by the Legislature and approved by the Governor.
κ2019 Statutes of Nevada, Page 2395 (CHAPTER 376, SB 555)κ
5. Sections 26 and 28 of this act become effective on July 1, 2019, if and only if Senate Bill No. 467 of this session is enacted by the Legislature and approved by the Governor.
6. Section 34 of this act becomes effective on July 1, 2019, if and only if Senate Bill No. 314 of this session is enacted by the Legislature and approved by the Governor.
________
Assembly Bill No. 68Committee on Commerce and Labor
CHAPTER 377
[Approved: June 5, 2019]
AN ACT relating to apprenticeships; revising provisions regarding discrimination in apprenticeship programs; revising the membership and operations of the State Apprenticeship Council; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires an apprenticeship agreement to include a statement that the apprentice will not be subject to discrimination on the basis of certain categories. (NRS 610.150) Existing law also requires the suspension for 1 year of certain entities from participation in an apprenticeship program if the entity is found to have discriminated on the basis of certain categories. (NRS 610.185) Section 16 of this bill adds genetic information, national origin and age of 40 years or older to the list of categories included in an apprenticeship agreement for which discrimination is prohibited. Section 19 of this bill adds genetic information and age of 40 years or older to the list of categories for which an entity may be suspended for discriminating against an apprentice. Section 9 of this bill makes conforming changes.
Existing law creates the State Apprenticeship Council, the voting members of which are appointed by the Governor. (NRS 610.030) Section 10 of this bill changes the membership of the Council, including changing the qualifications for the voting members, reducing the number of voting members from nine to seven and providing that the voting members are appointed by the Governor upon the recommendation of the Executive Director of the Office of Workforce Innovation. Section 24.5 of this bill provides that the terms of the existing voting members of the Council expire upon the passage and approval of this bill and that, as soon as practicable after the passage and approval of this bill, the membership of the Council set forth in section 10 of this bill must be appointed.
Existing law requires the Governor to select from the membership of the Council a Chair and Vice Chair, who hold office for 1 year. (NRS 610.070) Section 10.5 of this bill requires the Executive Director of the Office of Workforce Innovation to select the Chair and Vice Chair of the Council and provides that the Chair, or the Vice Chair in the absence of the Chair, is not entitled to a vote, except to break a tie.
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:
Sections 1-8. (Deleted by amendment.)
κ2019 Statutes of Nevada, Page 2396 (CHAPTER 377, AB 68)κ
Sec. 9. NRS 610.020 is hereby amended to read as follows:
610.020 The purposes of this chapter are:
1. To open to people, without regard to race, color, creed, sex, sexual orientation, gender identity or expression, religion, disability [or] , genetic information, national origin [,] or age of 40 years or older, the opportunity to obtain training that will equip them for profitable employment and citizenship.
2. To establish, as a means to this end, an organized program for the voluntary training of persons under approved standards for apprenticeship, providing facilities for their training and guidance in the arts and crafts of industry and trade, with instruction in related and supplementary education.
3. To promote opportunities for employment for all persons, without regard to race, color, creed, sex, sexual orientation, gender identity or expression, religion, disability [or] , genetic information, national origin [,] or age of 40 years or older, under conditions providing adequate training and reasonable earnings.
4. To regulate the supply of skilled workers in relation to the demand for skilled workers.
5. To establish standards for the training of apprentices in approved programs.
6. To establish a State Apprenticeship Council.
7. To provide for a State Apprenticeship Director with the authority to carry out the purposes of this chapter.
8. To provide for reports to the Legislature and to the public regarding the status of the training of apprentices in the State.
9. To accomplish related ends.
Sec. 10. NRS 610.030 is hereby amended to read as follows:
610.030 There is hereby created [a] the State Apprenticeship Council composed of:
1. The following voting members, appointed by the Governor [:] upon recommendation of the Executive Director of the Office of Workforce Innovation:
(a) [Four members who are representatives from employer associations and have knowledge concerning occupations in which a person may be apprenticed.
(b) Four members who are representatives from employee organizations and have knowledge concerning occupations in which a person may be apprenticed.
(c) One member who is a representative of the general public.] Two members who represent management and have, or have had, a defined role in a jointly administered apprenticeship program, one of whom must be from northern Nevada and one of whom must be from southern Nevada.
(b) Two members who represent labor and have, or have had, a defined role in a jointly administered apprenticeship program, one of whom must be from northern Nevada and one of whom must be from southern Nevada.
(c) Two members, one who represents management and one who represents labor, who have, or have had, a defined role or job in a statewide, jointly administered apprenticeship program.
(d) One member who is a representative of the general public.
2. The following nonvoting members:
κ2019 Statutes of Nevada, Page 2397 (CHAPTER 377, AB 68)κ
(a) The Executive Director of the Office of Economic Development or his or her designee.
(b) The Superintendent of Public Instruction or his or her designee.
(c) One representative of a community college located in a county whose population is 700,000 or more, appointed by the Chancellor of the Nevada System of Higher Education.
(d) One representative of a community college located in a county whose population is less than 700,000, appointed by the Chancellor of the Nevada System of Higher Education.
Sec. 10.5. NRS 610.070 is hereby amended to read as follows:
610.070 1. The [Governor] Executive Director of the Office of Workforce Innovation shall select from the membership of the Council a Chair and Vice Chair, who shall hold office for [1 year.] 2 years. Notwithstanding the provisions of NRS 610.030, the Chair, or the Vice Chair in the absence of the Chair, is not entitled to a vote except to break a tie.
2. The State Apprenticeship Director shall serve as the nonvoting Secretary of the Council.
3. The Council may prescribe such bylaws as it deems necessary for its operation.
4. The Council shall meet at least once in each calendar quarter at a time and place specified by the call of the Chair, the State Apprenticeship Director, the Executive Director or a majority of the members of the Council. Special meetings of the Council may be held at the call of the Chair, the State Apprenticeship Director, the Executive Director or a majority of the members of the Council at such additional times as they deem necessary.
5. [Five] The Chair, or the Vice Chair in the absence of the Chair, and four voting members of the Council constitutes a quorum, and a quorum may exercise any power or authority conferred on the Council.
Secs. 11-15. (Deleted by amendment.)
Sec. 16. NRS 610.150 is hereby amended to read as follows:
610.150 Every agreement entered into under this chapter must contain:
1. The names and signatures of the contracting parties and the signature of a parent or legal guardian if the apprentice is a minor.
2. The date of birth of the apprentice.
3. The name and address of the sponsor of the program.
4. A statement of the trade or craft in which the apprentice is to be trained, and the beginning date and expected duration of the apprenticeship.
5. A statement showing the number of hours to be spent by the apprentice in work and the number of hours to be spent in related and supplemental instruction, which instruction must not be less than 144 hours per year.
6. A statement setting forth a schedule of the processes in the trade or division of industry in which the apprentice is to be trained and the approximate time to be spent at each process.
7. A statement of the graduated scale of wages to be paid the apprentice and whether or not compensation is to be paid for the required time in school.
8. Statements providing:
(a) For a specific period of probation during which the agreement may be terminated by either party to the agreement upon written notice to the State Apprenticeship Director; and
κ2019 Statutes of Nevada, Page 2398 (CHAPTER 377, AB 68)κ
(b) That after the probationary period the agreement may be cancelled at the request of the apprentice, or suspended, cancelled or terminated by the sponsor for good cause, with due notice to the apprentice and a reasonable opportunity for corrective action, and with written notice to the apprentice and the State Apprenticeship Director of the final action taken.
9. A reference incorporating as part of the agreement the standards of the program as it exists on the date of the agreement and as it may be amended during the period of the agreement.
10. A statement that the apprentice will be accorded equal opportunity in all phases of employment and training as an apprentice without discrimination because of race, color, creed, sex, sexual orientation, gender identity or expression, religion , [or] disability [.] , genetic information, national origin or age of 40 years or older.
11. A statement naming the Council as the authority designated pursuant to NRS 610.180 to receive, process and dispose of controversies or differences arising out of the agreement when the controversies or differences cannot be adjusted locally or resolved in accordance with the program or collective bargaining agreements.
12. Such additional terms and conditions as are prescribed or approved by the Council not inconsistent with the provisions of this chapter.
Secs. 17 and 18. (Deleted by amendment.)
Sec. 19. NRS 610.185 is hereby amended to read as follows:
610.185 The State Apprenticeship Council shall suspend for 1 year the right of any employer, association of employers or organization of employees acting as agent for an employer to participate in a program under the provisions of this chapter if the Nevada Equal Rights Commission, after notice and hearing, finds that the employer, association or organization has discriminated against an apprentice because of race, color, creed, sex, sexual orientation, gender identity or expression, religion, disability [or] , genetic information, national origin or age of 40 years or older, in violation of this chapter.
Secs. 20-24. (Deleted by amendment.)
Sec. 24.5. 1. The terms of office of the voting members of the State Apprenticeship Council created by NRS 610.030 who are incumbent on the date of passage and approval of this act expire on that date.
2. As soon as practicable on or after the date of passage and approval of this act, the Executive Director of the Office of Workforce Innovation created by NRS 223.800 shall recommend and the Governor shall appoint the voting members of the State Apprenticeship Council created by NRS 610.030, as amended by section 10 of this act.
Sec. 25. This act becomes effective upon passage and approval.
________
κ2019 Statutes of Nevada, Page 2399κ
Senate Bill No. 432Committee on Judiciary
CHAPTER 378
[Approved: June 5, 2019]
AN ACT relating to financial services; imposing certain requirements on certain transactions in which a person provides money to a consumer who has a pending legal action in exchange for certain proceeds from that legal action; requiring certain persons who engage in such transactions to obtain a license from the Commissioner of Financial Institutions; imposing certain requirements on such licensees; providing penalties; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Sections 2-38.9 of this bill establish provisions relating to transactions in which a person provides a consumer who has a pending legal claim in this State with money in an amount that does not exceed $500,000 and the consumer assigns to that person the right to receive an amount of the potential proceeds of a settlement, judgment, award or verdict obtained as a result of the legal action of the consumer. Section 10 of this bill designates this type of transaction as a consumer litigation funding transaction. Section 8 of this bill designates the provider of money to a consumer in such a transaction as a consumer litigation funding company.
Sections 18, 19 and 19.3 of this bill generally require a contract to enter into a consumer litigation funding transaction to meet certain requirements and contain certain disclosures relating to the amount of fees the consumer will be charged and the rights of the consumer with regard to the consumer litigation funding transaction.
Section 20 of this bill prohibits a consumer litigation funding company from: (1) paying or accepting certain referral fees or commissions; (2) referring a consumer to engage certain professionals; (3) advertising false information; (4) entering into a consumer litigation funding transaction with a consumer who has already received money from another company, with certain exceptions; (5) making decisions with regard to the legal claim of the consumer; and (6) paying certain legal fees of the consumer with money from the consumer funding transaction.
Section 21 of this bill requires the amount the consumer is required to pay the consumer litigation funding company in exchange for the money received by the consumer to be set as a predetermined amount. Section 21 prohibits a company from charging fees that exceed a rate of 40 percent annually.
Section 25 of this bill prohibits a person from engaging in business as a consumer litigation funding company without a license issued by the Commissioner of Financial Institutions. Section 25 provides that a person who engages in such business without a license is guilty of a misdemeanor. Sections 26-32 of this bill set forth the application process to obtain such a license and set forth certain requirements an applicant must meet.
Sections 35 and 36 of this bill require a person who has obtained a license to engage in business as a consumer litigation funding company to maintain assets of at least $50,000 and to keep certain records. Section 36.2 of this bill requires the Commissioner to make an annual examination of a licensee. Sections 38.3 and 38.6 of this bill authorize the Commissioner to impose fines and suspend or revoke the license of a licensee for certain violations of the provisions of this bill. Section 38.2 of this bill authorizes the Commissioner to take certain additional actions against a licensee or certain other persons for violations of the provisions of this bill. Section 38 of this bill requires each licensee to submit to the Commissioner an annual report with certain information regarding the activities of the licensee in the preceding year and to make the information contained in the report available to the public not later than 1 year after the report is submitted. Section 38.9 of this bill authorizes: (1) a person to file a complaint against a licensee; and (2) the Commissioner to investigate and hold hearings concerning such a complaint.
κ2019 Statutes of Nevada, Page 2400 (CHAPTER 378, SB 432)κ
against a licensee; and (2) the Commissioner to investigate and hold hearings concerning such a complaint. Sections 36.4, 36.6 and 38.95 of this bill require a licensee to pay certain assessments.
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. Title 52 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 38.9, inclusive, of this act.
Sec. 2. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 3 to 16, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 3. Advertise means the commercial use of any medium, including, without limitation, radio, television, the Internet or a similar medium of communication, by a consumer litigation funding company for the purpose of inducing a consumer to enter into a consumer litigation funding transaction.
Sec. 3.5. Applicant means a person who applies to the Commissioner to obtain a license to engage in the business of a consumer litigation funding company pursuant to the provisions of this chapter. The term does not include a parent company or affiliate of such a person.
Sec. 4. Charges means the amount of money to be paid to a consumer litigation funding company by a consumer above the funded amount provided by the consumer litigation company to the consumer. The term includes, without limitation, administrative fees, origination fees, underwriting fees or other fees, however denominated. The term does not include a document preparation fee.
Sec. 5. Commissioner means the Commissioner of Financial Institutions.
Sec. 6. Consumer means a natural person who:
1. Resides or is domiciled in this State; and
2. Has a pending legal claim.
Sec. 7. Consumer litigation funding means the money provided directly or indirectly to a consumer by a consumer litigation funding company in a consumer litigation funding transaction.
Sec. 8. 1. Consumer litigation funding company or company means a person that enters into a consumer litigation funding transaction with a consumer.
2. The term does not include:
(a) An immediate family member of a consumer;
(b) An attorney or accountant who provides services to a consumer;
(c) A medical provider that provides medical services on the basis of a lien against any potential litigation recovery;
(d) A medical factoring company; or
(e) A financial institution or similar entity:
(1) That provides financing to a consumer litigation funding company; or
(2) To which a consumer litigation funding company grants a security interest or transfers any right or interest in a consumer litigation funding transaction.
κ2019 Statutes of Nevada, Page 2401 (CHAPTER 378, SB 432)κ
Sec. 9. Consumer litigation funding contract means a written agreement between a consumer and a consumer litigation funding company that provides for a consumer litigation funding transaction.
Sec. 10. Consumer litigation funding transaction means a nonrecourse transaction in which:
1. A consumer litigation funding company provides consumer litigation funding to a consumer in an amount that does not exceed $500,000; and
2. The consumer assigns to the company a contingent right to receive an amount of the potential proceeds of a settlement, judgment, award or verdict obtained in the legal claim of the consumer.
Sec. 10.5. Document preparation fee means a one-time fee per legal claim, not to exceed $500, assessed for document preparation services related to the preparation of a consumer litigation funding contract.
Sec. 11. Funded amount means the amount of consumer litigation funding provided to or on behalf of a consumer in a consumer litigation funding transaction. The term does not include charges.
Sec. 12. Funding date means the date on which a company transfers to a consumer the funded amount of consumer litigation funding.
Sec. 13. Immediate family member means a parent, sibling, child by blood, adoption or marriage, spouse, grandparent or grandchild.
Sec. 14. Legal claim means a bona fide civil claim or cause of action.
Sec. 15. Licensee means a person who has been issued one or more licenses to engage in the business of a consumer litigation funding company.
Sec. 16. Resolution date means the date upon which:
(a) A consumer, or a person on behalf of a consumer, delivers to a consumer litigation company an amount of money equivalent to the funded amount plus any agreed upon charges; or
(b) The legal claim of a consumer is lost or abandoned.
Sec. 17. The Commissioner may adopt regulations for the administration and enforcement of this chapter, in addition to and not inconsistent with this chapter.
Sec. 18. 1. A consumer litigation funding contract must:
(a) Be written in a clear and comprehensible language that is understandable to an ordinary layperson.
(b) Be filled out completely when presented to the consumer for signature.
(c) Contain a provision advising a consumer of the right to cancel the contract. Such a provision must provide that the consumer may cancel the contract without penalty or further obligation if, within 5 business days after the funding date, the consumer:
(1) Delivers in person to the consumer litigation funding company, at the address specified in the contract, the uncashed check issued by the consumer litigation funding company or the full amount of money that was disbursed to the consumer by the consumer litigation funding company; or
(2) Mails, by insured, certified or registered mail, to the address specified in the contract, a notice of cancellation and includes in such mailing the uncashed check issued by the consumer litigation funding company or a return of the full amount of money that was disbursed to the consumer by the consumer litigation funding company.
κ2019 Statutes of Nevada, Page 2402 (CHAPTER 378, SB 432)κ
(d) Contain the initials of the consumer on each page.
(e) Contain a statement that the consumer is not required to pay any other fees or charges other than what is agreed to and disclosed within the contract.
(f) If the consumer seeks more than one consumer litigation funding contract with the same company, contain a disclosure providing the cumulative amount due from the consumer for all consumer litigation funding transactions, including, without limitation, all fees and charges under all consumer litigation funding contracts if repayment is made any time after the contracts are executed.
(g) Contain a statement of the maximum amount the consumer may be obligated to pay under the consumer litigation funding contract other than in the case of material breach, fraud or misrepresentation by the consumer.
(h) Contain clear, conspicuous and accurate details of how charges, including, without limitation, any applicable fees, are incurred or accrued.
(i) Contain a statement that the consumer litigation funding contract is governed by the laws of the State of Nevada.
2. A consumer litigation contract must contain a written acknowledgment by the attorney retained by the consumer in the legal claim of the consumer attesting to the following:
(a) To the best of the knowledge of the attorney, the funded amount and any charges and applicable fees relating to the consumer litigation funding have been disclosed to the consumer.
(b) The attorney is being paid on a contingency basis pursuant to a written fee agreement.
(c) All proceeds of the legal claim will be disbursed via the trust account of the attorney or a settlement fund established to receive the proceeds of the legal claim on behalf of the consumer.
(d) The attorney is following the written irrevocable instructions of the consumer with regard to the consumer litigation funding transaction.
(e) The attorney is obligated to disburse money from the legal claim and take any other steps to ensure that the terms of the consumer litigation funding contract are fulfilled.
(f) The attorney has not received a referral fee or other consideration from the consumer litigation funding company in connection with the consumer litigation funding, nor will the attorney receive such fee or other consideration in the future.
(g) The attorney has not provided advice related to taxes, benefits or any other financial matter regarding this transaction.
3. A consumer litigation funding contract that does not contain the written acknowledgment required by paragraph (c) of subsection 2 is void. If the acknowledgment is completed, the contract shall remain valid if the consumer terminates the representation of the initial attorney or retains a new attorney with respect to the legal claim of the consumer.
Sec. 19. A consumer litigation funding contract must contain the disclosures specified in this section, which shall constitute material terms of the contract. Except as otherwise provided in this section, the disclosure shall be typed in at least 12-point bold type or font and be placed clearly and conspicuously within the contract, as follows:
1. On the front page of the contract under appropriate headings, language specifying:
κ2019 Statutes of Nevada, Page 2403 (CHAPTER 378, SB 432)κ
(a) The funded amount to be paid to the consumer by the consumer litigation funding company;
(b) An itemization of one-time charges and fees;
(c) The maximum total amount to be assigned by the consumer to the company, including, without limitation, the funded amount and all charges and fees; and
(d) A payment schedule to include the funded amount, charges and fees, listing all dates and the amount due at the end of each 180-day period from the funding date, until the date the maximum amount is due to the company by the consumer to satisfy the amount due under the consumer litigation funding contract.
2. Within the body of the contract, substantially the following form:
Consumers right to cancellation: You may cancel this contract without penalty or further obligation within five (5) business days after the funding date if you either:
1. Deliver in person to the consumer litigation funding company at the address specified in the contract the uncashed check that was issued by the consumer litigation funding company or the full amount of money that was disbursed to you by the company; or
2. Mail, by insured, certified or registered mail, to the consumer litigation funding company at the address specified in the contract a notice of cancellation and include in such mailing the uncashed check issued by the consumer litigation funding company or a return of the full amount of money that was disbursed to you by the company.
3. Within the body of the contract, in substantially the following form:
The consumer litigation funding company shall not have a role in deciding whether, when and how much the legal claim is settled for. The consumer and the attorney of the consumer shall notify the company of the outcome of the legal claim by settlement or adjudication before the resolution date. The company may seek updated information about the status of the legal claim. The company shall not interfere with the independent professional judgment of the attorney in the handling of the legal claim or any settlement thereof.
4. Within the body of the contract, in all capital letters and in at least a 12-point bold type or font contained within a box:
THE FUNDED AMOUNT AND AGREED UPON CHARGES SHALL BE PAID ONLY FROM THE PROCEEDS OF YOUR LEGAL CLAIM, AND SHALL BE PAID ONLY TO THE EXTENT THAT THERE ARE AVAILABLE PROCEEDS FROM YOUR LEGAL CLAIM. YOU WILL NOT OWE (INSERT NAME OF THE CONSUMER LITIGATION FUNDING COMPANY) ANYTHING IF THERE ARE NO PROCEEDS FROM YOUR LEGAL CLAIM, UNLESS YOU HAVE VIOLATED ANY MATERIAL TERM OF THIS CONTRACT OR YOU HAVE KNOWINGLY PROVIDED FALSE INFORMATION OR COMMITTED FRAUD AGAINST (INSERT NAME OF THE CONSUMER LITIGATION FUNDING COMPANY).
κ2019 Statutes of Nevada, Page 2404 (CHAPTER 378, SB 432)κ
KNOWINGLY PROVIDED FALSE INFORMATION OR COMMITTED FRAUD AGAINST (INSERT NAME OF THE CONSUMER LITIGATION FUNDING COMPANY).
5. Located immediately above the place on the contract where the signature of the consumer is required, in 12-point bold type or font:
Do not sign this contract before you read it completely. Do not sign this contract if it contains any blank spaces. You are entitled to a completely filled-in copy of the contract before you sign this contract. You should obtain the advice of an attorney. Depending on the circumstances, you may wish to consult a tax, public or private benefit planning or financial professional. You acknowledge that your attorney in the legal claim has provided no tax, public or private benefit planning or financial advice regarding this transaction. You further acknowledge that your attorney has explained the terms and conditions of the consumer litigation funding contract.
6. Within the body of the contract, in substantially the following form:
A copy of the executed contract must be promptly delivered to the attorney for the consumer.
Sec. 19.3. 1. A consumer litigation funding contract must include a written disclosure, signed by the consumer that is typed in at least a 12-point font.
2. The disclosure described in subsection 1 must be separate from the consumer litigation funding contract described in section 19 of this act.
3. The disclosure described in subsection 1 must include, without limitation:
(a) A summary of all applicable charges and fees;
(b) The full cost of the consumer litigation funding transaction, written in bold font;
(c) The full amount of the consumer litigation funding;
(d) A statement that the attorney retained by the consumer in the legal claim of the consumer is being retained on a contingency basis pursuant to a written fee agreement;
(e) A statement that the consumer is fully informed and aware that all proceeds of the legal claim of the consumer will be disbursed via the trust account of the retained attorney or a settlement fund established to receive the proceeds of the legal claim on behalf of the consumer;
(f) A statement that the retained attorney has not received and will not receive a referral fee or other consideration from the consumer litigation funding company in connection with the consumer litigation funding transaction; and
(g) An acknowledgment, signed by the consumer, that the consumer was fully informed and aware of the charges and fees and the full cost of the consumer litigation funding transaction at the time of the execution of the consumer litigation funding contract.
Sec. 19.7. If a consumer cancels a consumer litigation funding contract pursuant to section 18 of this act, the consumer litigation funding company shall promptly forward notice of the cancellation to the attorney or law firm retained by the consumer in the legal claim of the consumer.
κ2019 Statutes of Nevada, Page 2405 (CHAPTER 378, SB 432)κ
company shall promptly forward notice of the cancellation to the attorney or law firm retained by the consumer in the legal claim of the consumer.
Sec. 20. 1. A consumer litigation funding company shall not:
(a) Pay or offer to pay a commission, referral fee or other form of consideration to an attorney, law firm, medical provider, chiropractor or physical therapist, or any employee of such a person, for referring a consumer to the company.
(b) Accept a commission, referral fee or other form of consideration from an attorney, law firm, medical provider, chiropractor or physical therapist, or any employee of such a person.
(c) Intentionally advertise materially false or misleading information regarding the products or services of the consumer litigation funding company.
(d) Refer a consumer to engage a specific attorney, law firm, medical provider, chiropractor or physical therapist, or any employee of such a person. A company may refer a consumer in search of legal representation to a lawyer referral service operated, sponsored or approved by the State Bar of Nevada or a local bar association.
(e) Except as otherwise provided in subsection 2, knowingly provide consumer litigation funding to a consumer who has previously assigned or sold a portion of the right of the consumer to proceeds from his or her legal claim to another company without first making payment to or purchasing the entire funded amount and charges of that company, unless a lesser amount is otherwise agreed to in writing by the consumer litigation funding companies.
(f) Receive any right to, or make, any decisions with respect to the conduct, settlement or resolution of the legal claim of a consumer.
(g) Knowingly pay or offer to pay for court costs, filing fees or attorneys fees during or after the resolution of the legal claim of a consumer using money from a consumer litigation funding transaction.
2. Two or more consumer litigation funding companies may agree to contemporaneously provide consumer litigation funding to a consumer if the consumer and the attorney of the consumer agree to the arrangement in writing.
3. An attorney or law firm retained by the consumer in connection with his or her legal claim shall not have a financial interest in the consumer litigation funding company offering consumer litigation funding to that consumer.
4. An attorney who has referred the consumer to his or her retained attorney or law firm shall not have a financial interest in the consumer litigation funding company offering consumer litigation funding to that consumer.
5. A consumer litigation funding company shall not use any form of consumer litigation funding contract in this State unless the contract has been filed with the Commissioner in accordance with procedures for filing prescribed by the Commissioner.
Sec. 21. 1. A consumer litigation funding company shall require the amount to be paid to the company under a consumer litigation funding contract to be set as a predetermined amount based upon intervals of time from the funding date though the resolution date. The amount must not exceed the funded amount plus charges not to exceed a rate of 40 percent annually.
κ2019 Statutes of Nevada, Page 2406 (CHAPTER 378, SB 432)κ
2. The amount to be paid to a company under a consumer litigation funding contract must not be determined as a percentage of the recovery of the legal claim of a consumer.
Sec. 22. 1. If a court of competent jurisdiction determines that a consumer litigation funding company has willfully committed a deceptive and abusive violation of this chapter with regard to a specific consumer litigation funding transaction, the contract shall be void.
2. Nothing in this chapter shall be construed to restrict the exercise of powers or the performance of the duties of the Attorney General which he or she is authorized to exercise or perform by law.
Sec. 23. 1. The contingent right to receive an amount of the potential proceeds of a legal claim is assignable by a consumer.
2. Nothing in this chapter shall be construed to cause any consumer litigation funding transaction conforming to this chapter to be deemed a loan or to be subject to any of the provisions of law governing loans. A consumer litigation funding transaction that complies with this chapter is not subject to any other statutory or regulatory provisions governing loans or investment contracts. If there is a conflict between the provisions of this chapter and any other statute, the provisions of this chapter control.
3. Only a lien imposed by an attorney pursuant to NRS 18.015 that is related to the legal claim of the consumer or a lien imposed by Medicare that is related to the legal claim of a consumer takes priority over any lien imposed by a consumer litigation funding company. All other liens take priority by normal operation of law.
Sec. 24. Any communication between the attorney of a consumer in a legal claim and a consumer litigation funding company as it pertains to a consumer litigation funding transaction is subject to the attorney-client privilege, including, without limitation, the work-product doctrine.
Sec. 25. 1. A person shall not engage in the business of a consumer litigation funding company in this State without having first obtained a license from the Commissioner pursuant to this chapter.
2. For the purpose of this section, a person is engaged in the business of a consumer litigation funding company if the person:
(a) Solicits or engages in consumer litigation funding transactions in this State; or
(b) Is located in this State and solicits or engages in consumer litigation funding transactions outside of this State.
3. Any person and the several members, officers, directors, agents and employees thereof who violate or participate in the violation of this section are guilty of a misdemeanor.
Sec. 25.5. The provisions of section 25 of this act shall apply to any person who seeks to evade its application by any device, subterfuge or pretense whatever, including, but not thereby limiting the generality of the foregoing:
1. The loan, forbearance, use or sale of credit (as guarantor, surety, endorser, comaker or otherwise), money, goods, or things in action.
2. The use of collateral or related sales or purchases of goods or services, or agreements to sell or purchase, whether real or pretended.
3. Receiving or charging compensation for goods or services, whether or not sold, delivered or provided.
κ2019 Statutes of Nevada, Page 2407 (CHAPTER 378, SB 432)κ
4. The real or pretended negotiation, arrangement or procurement of a loan through any use or activity of a third person, whether real or fictitious.
Sec. 26. 1. A person who wishes to obtain a license from the Commissioner to engage in the business of a consumer litigation funding company shall submit an application to the Commissioner. The application must be made in writing, under oath and on a form prescribed by the Commissioner. The application must include:
(a) If the applicant is a natural person, the name and address of the applicant.
(b) If the applicant is a business entity, the name and address of each:
(1) Partner;
(2) Officer;
(3) Director;
(4) Manager or member who acts in a managerial capacity; and
(5) Registered agent,
Κ of the business entity.
(c) Such other information, as the Commissioner determines necessary, concerning the financial responsibility, background, experience and activities of the applicant and its:
(1) Partners;
(2) Officers;
(3) Directors; and
(4) Managers or members who act in a managerial capacity.
(d) The address of each location at which the applicant proposes to do business under the license.
2. 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 submits 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 the provisions of paragraph (a) or (b) in complying with the provisions of this subsection.
3. 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 shall not issue a license to the applicant unless the applicant submits a new application and pays any required fees.
Sec. 27. 1. In addition to any other requirements set forth in this chapter, each applicant must submit:
(a) Proof satisfactory to the Commissioner that the applicant:
κ2019 Statutes of Nevada, Page 2408 (CHAPTER 378, SB 432)κ
(1) Has a good reputation for honesty, trustworthiness and integrity and is competent to transact the business for which the applicant seeks to be licensed in a manner which protects the interests of the general public.
(2) Has not made a false statement of material fact on the application for the license.
(3) Has not committed any of the acts specified in subsection 2.
(4) Has not had a license issued pursuant to this chapter suspended or revoked within the 10 years immediately preceding the date of the application.
(5) Has not been convicted or, or entered a plea of nolo contendere to, a felony or any crime involving fraud, misrepresentation or moral turpitude.
(6) If the applicant is a natural person:
(I) Is at least 21 years of age; and
(II) Is a citizen of the United States or lawfully entitled to remain and work in the United States.
(b) A complete set of his or her fingerprints and written permission authorizing the Division of Financial Institutions of the Department of Business and Industry to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.
2. In addition to any other lawful reasons, the Commissioner may refuse to issue a license to an applicant if the applicant:
(a) Has committed or participated in any act for which, if committed or done by a holder of a license, would be grounds for the suspension or revocation of the license.
(b) Has previously been refused a license pursuant to this chapter or has had such a license suspended or revoked.
(c) Has participated in any act which was a basis for the denial or revocation of a license pursuant to this chapter.
(d) Has falsified any of the information submitted to the Commissioner in support of the application for a license.
Sec. 28. 1. In addition to any other requirements, a natural person who applies for a license pursuant to this chapter shall:
(a) Include the social security number of the applicant in the application submitted to the Commissioner; and
(b) Submit to the Commissioner the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.
2. The Commissioner shall include the statement required pursuant to subsection 1 in:
(a) The application or any other forms that must be submitted for the issuance or renewal of the registration; or
(b) A separate form prescribed by the Commissioner.
3. A license as a consumer litigation funding company may not be issued or renewed by the Commissioner if the applicant:
(a) Fails to submit the statement required pursuant to subsection 1; or
(b) Indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.
κ2019 Statutes of Nevada, Page 2409 (CHAPTER 378, SB 432)κ
4. If an applicant indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Commissioner shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.
Sec. 29. 1. If the Commissioner receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is licensed as a consumer litigation funding company, the Commissioner shall deem the license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the Commissioner receives a letter issued to the licensee by the district attorney or other public agency pursuant to NRS 425.550 stating that the licensee has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
2. The Commissioner shall reinstate the license of a licensee that has been suspended by a district court pursuant to NRS 425.540 if the Commissioner receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose license was suspended stating that the person whose license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
Sec. 30. 1. An application submitted to the Commissioner pursuant to section 26 of this act must be accompanied by:
(a) A nonrefundable fee of not more than $1,000 for the application and survey;
(b) Any additional expenses incurred in the process of investigation as the Commissioner deems necessary; and
(c) A fee of not less than $200 and not more than $1,000.
2. An applicant shall, at the time of filing an application, file with the Commissioner, a surety bond payable to the State of Nevada and satisfactory to the Commissioner in an amount not to exceed $50,000. The terms of the bond must run concurrent with the period of time during which the license will be in effect. The bond must provide that the applicant will faithfully conform to and abide by the provisions of this chapter and to all regulations lawfully made by the Commissioner under this chapter and to any such person any and all amounts of money that may become due or owing to this State or to such person from the applicant under this chapter during the period for which the bond is given.
3. Each bond must be in a form satisfactory to the Commissioner, issued by a bonding company authorized to do business in this State and must secure the faithful performance of the obligations of the licensee respecting the provision of the services of the consumer litigation funding company.
4. A licensee shall, within 10 days after the commencement of any action or notice of entry of any judgment against the licensee by any creditor or claimant arising out of business regulated by this chapter give notice thereof to the Commissioner by certified mail with details sufficient to identify the action or judgment. The surety shall, within 10 days after it pays any claim or judgment to a creditor or claimant, give notice thereof to the Commissioner by certified mail with details sufficient to identify the creditor or claimant and the claim or judgment so paid.
κ2019 Statutes of Nevada, Page 2410 (CHAPTER 378, SB 432)κ
pays any claim or judgment to a creditor or claimant, give notice thereof to the Commissioner by certified mail with details sufficient to identify the creditor or claimant and the claim or judgment so paid.
5. The liability of the surety on a bond is not affected by any misrepresentation, breach of warranty, failure to pay a premium or other act or omission of the licensee, or by any insolvency or bankruptcy of the licensee.
6. The liability of the surety continues as to all transactions entered into in good faith by the creditors and claimants with the agents of the licensee within 30 days after the earlier of:
(a) The death of the licensee or the dissolution or liquidation of his or her business; or
(b) The termination of the bond.
7. A licensee or his or her surety shall not cancel or alter a bond except after notice to the Commissioner by certified mail. The cancellation or alteration is not effective until 10 days after receipt of the notice by the Commissioner. A cancellation or alteration does not affect any liability incurred or accrued on the bond before the expiration of the 30-day period designated in subsection 6.
8. The Commissioner shall adopt regulations establishing the amount of the fees and the bond required pursuant to this section. All money received by the Commissioner pursuant to this section must be placed in the Investigative Account created by NRS 232.545.
Sec. 31. 1. Upon the filing of the application and the payment of the fees, the Commissioner shall investigate the facts concerning the application and the requirements provided for in this chapter.
2. The Commissioner may hold a hearing on the application at a time not less than 30 days after the application was filed or not more than 60 days after that date. The hearing must be held in the Office of the Commissioner or such other place as the Commissioner may designate. Notice in writing of the hearing must be sent to the applicant and to any licensee to which a notice of the application has been given and to such other person as the Commissioner may see fit, at least 10 days before the date set for the hearing.
3. The Commissioner shall make his or her order granting or denying the application within 10 days after the date of the closing of the hearing, unless the period is extended by written agreement between the applicant and the Commissioner.
4. An applicant is entitled to a hearing on the question of the qualifications of the applicant for licensure upon written request to the Commissioner if:
(a) The Commissioner has notified the applicant in writing that the application has been denied; or
(b) The Commissioner has not issued a license within 60 days after the application for a license was filed.
5. A request for a hearing may not be made more than 15 days after the Commissioner has mailed a written notice to the applicant that the application has been denied and stating in substance the findings of the Commissioner supporting the denial of the application.
6. The Commissioner may adopt regulations to carry out the provisions of this section.
Sec. 32. If the Commissioner finds:
κ2019 Statutes of Nevada, Page 2411 (CHAPTER 378, SB 432)κ
1. That the financial responsibility, experience, character and general fitness of the applicant are such as to command the confidence of the public and to warrant belief that the business will be operated lawfully, honestly, fairly and efficiently, within the purposes of this chapter;
2. That the applicant has complied with the provisions of this chapter; and
3. That the applicant has available for the operation of the business liquid assets of at least $50,000,
Κ he or she shall thereupon enter an order granting the application, and file his or her findings of fact together with the transcript of any hearing held under this chapter, and forthwith issue and deliver a license to the applicant.
Sec. 33. 1. A licensee who wishes to change the address of an office or other place of business for which he or she has a license pursuant to the provisions of this chapter must, at least 10 days before changing the address, give written notice of the proposed change to the Commissioner.
2. Upon receipt of the proposed change of address pursuant to subsection 1, the Commissioner shall provide written approval of the change and the date of the approval.
3. If a licensee fails to provide notice as required pursuant to subsection 1, the Commissioner may impose a fine in an amount not to exceed $1,000.
Sec. 34. A license issued pursuant to this chapter is not transferable or assignable.
Sec. 35. Every licensee shall maintain assets of at least $50,000 either used or readily available for use in the conduct of the business of each licensed office.
Sec. 35.5. A licensee who has an office or other place of business located outside of this State shall file with the Commissioner the information required pursuant to NRS 77.310 and continuously maintain a registered agent for service of legal process. Such agent must be an attorney who is licensed to practice law in this State and who has an office located in this State.
Sec. 36. 1. Each licensee shall keep and use in his or her business such books and accounting records as are in accord with sound and accepted accounting practices.
2. Each licensee shall maintain a separate record or ledger card for the account of each borrower and shall set forth separately the amount of cash advance and the total amount of interest and charges, but such a record may set forth precomputed declining balances based on the scheduled payments, without a separation of principal and charges.
3. Each licensee shall preserve all such books and accounting records for at least 2 years after making the final entry therein.
4. Each licensee who operates an office or other place of business outside this State that is licensed pursuant to this chapter shall:
(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.
κ2019 Statutes of Nevada, Page 2412 (CHAPTER 378, SB 432)κ
Sec. 36.2. 1. At least once each year, the Commissioner or his or her authorized representative shall make an examination of the place of business of each licensee and of the transactions, books, papers and records of each licensee that pertain to the business licensed under this chapter.
2. For each examination conducted pursuant to subsection 1, the Commissioner shall charge and collect from the licensee a fee for conducting the examination and preparing and typing the report of the examination at the rate established and, if applicable, adjusted pursuant to NRS 658.101.
Sec. 36.4. Each licensee shall pay the assessment levied pursuant to NRS 658.055 and cooperate fully with the audits and examinations performed pursuant thereto.
Sec. 36.6. In addition to any other fee provided by this chapter, the Commissioner shall assess and collect from each licensee the reasonable cost of auditing the books and records of a licensee.
Sec. 37. A licensee shall not conduct the business of a consumer litigation funding company under any name or at a place other than stated in the license. Nothing is this section shall be construed to prohibit:
1. Consumer litigation funding transactions by mail; or
2. Accommodations for a consumer when necessitated by hours of employment, sickness or other emergency situations.
Sec. 38. 1. On or before January 31 of each year, a licensee shall submit a report to the Commissioner containing:
(a) The number of consumer litigation funding transactions in which the company engaged in this State for the immediately preceding year;
(b) A summation of the total funded amount of the consumer litigation funding transactions in which the company engaged in this State for the immediately preceding year, expressed in dollars; and
(c) The annual percentage charged to each consumer when repayment was made.
2. If a licensee operated more than one office or provides consumer litigation funding to persons outside of the State, the licensee shall submit a composite report of all consumer litigation funding transactions in which the company engaged for the immediately preceding year.
3. The Commissioner shall make the information contained in the report available to the public upon request in a manner which maintains the confidentiality of the name of each company and consumer.
Sec. 38.2. 1. The Commissioner may enforce this chapter and regulations adopted pursuant thereto by taking one or more of the following actions:
(a) Ordering a licensee or a director, employee or other agent of a licensee to cease and desist from any violations;
(b) Ordering a licensee or a director, employee or other agent of a licensee who has caused a violation to correct the violation, including, without limitation, making restitution of money to a person aggrieved by a violation;
(c) Imposing on a licensee or a director, employee or other agent of a licensee who has caused a violation a civil penalty not to exceed $5,000 for each violation; or
(d) Suspending or revoking the license of a licensee in accordance with section 38.6 of this act.
κ2019 Statutes of Nevada, Page 2413 (CHAPTER 378, SB 432)κ
2. If a person violates or knowingly authorizes, directs or aids in the violation of a final order issued pursuant to paragraph (a) or (b) of subsection 1, the Commissioner may impose a civil penalty not to exceed $10,000 for each violation.
3. The Commissioner may maintain an action to enforce this chapter in any county in this State.
4. The Commissioner may recover the reasonable costs of enforcing subsections 1, 2 and 3, including, without limitation, attorneys fees, based on the hours reasonably expended and the hourly rates for attorneys of comparable experience in the community.
5. In determining the amount of a civil penalty imposed pursuant to subsection 1 or 2, the Commissioner shall consider the seriousness of the violation, the good faith of the violator, any previous violations by the violator and any other factor the Commissioner considers relevant to the determination of a civil penalty.
Sec. 38.3. 1. The Commissioner may impose an administrative fine of not more than $50,000 upon a person who, without a license, conducts any business or activity for which a license is required pursuant to the provisions of this chapter.
2. The Commissioner shall afford to any person fined pursuant to subsection 1 reasonable notice and an opportunity for a hearing pursuant to the provisions of NRS 233B.121.
3. A person fined by the Commissioner pursuant to subsection 1 is entitled to judicial review of the decision of the Commissioner in the manner provided by chapter 233B of NRS.
Sec. 38.6. 1. The Commissioner may suspend or revoke a license if:
(a) The licensee has failed to pay the annual license fee;
(b) The licensee, either knowingly or without any exercise of due care to prevent it, has violated any provision of this chapter or any lawful regulation adopted pursuant thereto;
(c) The licensee has failed to pay an applicable tax, fee or assessment; or
(d) Any fact or condition exists which would have justified the Commissioner in denying the licensees original application for a license pursuant to the provisions of this chapter.
2. If the Commissioner has reason to believe that grounds for revocation or suspension of a license exist, the Commissioner shall give 20 days written notice to the licensee stating the contemplated action and, in general, the grounds therefor and set a date for a hearing.
3. At the conclusion of a hearing, the Commissioner shall:
(a) Enter a written order either dismissing the charges, revoking the license or suspending the license for a period of not more than 60 days, which period must include any prior temporary suspension. The Commissioner shall send a copy of the order to the licensee by registered or certified mail.
(b) Impose upon the licensee an administrative fine of not more than $10,000 for each violation by the licensee of any provision of this chapter or any regulation adopted pursuant thereto.
(c) If a fine is imposed pursuant to this section, enter such order as is necessary to recover the costs of the proceeding, including investigative costs and attorneys fees of the Commissioner.
κ2019 Statutes of Nevada, Page 2414 (CHAPTER 378, SB 432)κ
4. Unless otherwise provided in an order, the order for the revocation or suspension of a license applies only to the license granted to a person for the particular location for which grounds for revocation or suspension exist.
5. A licensee upon whom a fine has been imposed or whose license was suspended or revoked pursuant to this section is entitled to judicial review of the decision in the manner provided by chapter 233B of NRS.
Sec. 38.8. 1. Except as otherwise provided in this section, if a licensee willfully:
(a) Enters into a consumer litigation funding contract for an amount of interest or any other charge or fee that violates the provisions of this chapter or any regulation adopted pursuant thereto;
(b) Demands, collects or receives an amount of interest or any other charge or fee that violates the provisions of this chapter or any regulation adopted pursuant thereto; or
(c) Commits any other act or omission that violates the provisions of this chapter or any regulation adopted pursuant thereto,
Κ the consumer litigation funding contract is void and the licensee is not entitled to collect, receive or retain any principal, interest or other charges or fees with respect to the consumer litigation funding transaction.
2. The provisions of this section do not apply if:
(a) A licensee shows by a preponderance of the evidence that the violation was not intentional and resulted from a bona fide error of computation, notwithstanding the maintenance of procedures reasonably adapted to avoid that error; and
(b) Within 60 days after discovering the error, the licensee notifies the customer of the error and makes whatever adjustments in the account are necessary to correct the error.
Sec. 38.9. 1. A consumer, an attorney for a consumer or any other person who believes that any provision of this chapter has been violated may file a complaint with the Commissioner. Such a complaint must include:
(a) The full name and address of the person filing the complaint;
(b) A clear and concise statement of facts sufficient to establish that the alleged violation occurred, including, without limitation, the date, time and place of the alleged violation and the name of each person involved in the alleged violation; and
(c) A certification by the person filing the complaint that the facts alleged in the complaint are true to the best knowledge and belief of the person.
2. Upon the receipt of a complaint filed pursuant to subsection 1, the Commissioner may investigate and conduct hearings concerning the complaint.
Sec. 38.95. NRS 658.098 is hereby amended to read as follows:
658.098 1. On a quarterly or other regular basis, the Commissioner shall collect an assessment pursuant to this section from each:
(a) Check-cashing service or deferred deposit loan service that is supervised pursuant to chapter 604A of NRS;
(b) Collection agency that is supervised pursuant to chapter 649 of NRS;
(c) Bank that is supervised pursuant to chapters 657 to 668, inclusive, of NRS;
κ2019 Statutes of Nevada, Page 2415 (CHAPTER 378, SB 432)κ
(d) Trust company or family trust company that is supervised pursuant to chapter 669 or 669A of NRS;
(e) Person engaged in the business of selling or issuing checks or of receiving for transmission or transmitting money or credits that is supervised pursuant to chapter 671 of NRS;
(f) Savings and loan association or savings bank that is supervised pursuant to chapter 673 of NRS;
(g) Person engaged in the business of lending that is supervised pursuant to chapter 675 of NRS;
(h) Thrift company that is supervised pursuant to chapter 677 of NRS; and
(i) Credit union that is supervised pursuant to chapter 678 of NRS.
(j) Consumer litigation funding company that is supervised pursuant to the chapter consisting of sections 2 to 38.9, inclusive, of this act.
2. The Commissioner shall determine the total amount of all assessments to be collected from the entities identified in subsection 1, but that amount must not exceed the amount necessary to recover the cost of legal services provided by the Attorney General to the Commissioner and to the Division of Financial Institutions. The total amount of all assessments collected must be reduced by any amounts collected by the Commissioner from an entity for the recovery of the costs of legal services provided by the Attorney General in a specific case.
3. The Commissioner shall collect from each entity identified in subsection 1 an assessment that is based on:
(a) A portion of the total amount of all assessments as determined pursuant to subsection 2, such that the assessment collected from an entity identified in subsection 1 shall bear the same relation to the total amount of all assessments as the total assets of that entity bear to the total of all assets of all entities identified in subsection 1; or
(b) Any other reasonable basis adopted by the Commissioner.
4. The assessment required by this section is in addition to any other assessment, fee or cost required by law to be paid by an entity identified in subsection 1.
5. Money collected by the Commissioner pursuant to this section must be deposited in the State Treasury pursuant to the provisions of NRS 658.091.
Sec. 39. 1. Notwithstanding the amendatory provisions of this act, a consumer litigation funding company that:
(a) Holds a license issued pursuant to chapter 675 of NRS on or before October 1, 2019; and
(b) Submits an application for licensure pursuant to section 26 of this act on or before January 1, 2020,
Κ shall be deemed to hold a license to engage in the business of a consumer litigation funding company issued pursuant to section 32 of this act and may continue to conduct consumer litigation funding transactions while the application for licensure is pending approval or denial.
2. The Commissioner of Financial Institutions may adopt regulations for the administration and enforcement of this section.
3. As used in this section:
(a) Consumer litigation funding company has the meaning ascribed to it in section 8 of this act.
(b) Consumer litigation funding transaction has the meaning ascribed to it in section 10 of this act.
κ2019 Statutes of Nevada, Page 2416 (CHAPTER 378, SB 432)κ
Sec. 40. The amendatory provisions of this act do not apply to any contract entered into before October 1, 2019, until the contract is amended, extended or renewed.
Sec. 41. 1. This act becomes effective:
(a) Upon passage and approval for the purpose of adopting regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and
(b) On October 1, 2019, for all other purposes.
2. Sections 28 and 29 of this act expire by limitation on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:
(a) Have failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or
(b) Are in arrears in the payment for the support of one or more children,
Κ are repealed by the Congress of the United States.
________
Assembly Bill No. 223Assemblywoman Neal
CHAPTER 379
[Approved: June 5, 2019]
AN ACT relating to public welfare; requiring the Department of Health and Human Services to seek a federal waiver to provide certain dental care for persons with diabetes; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing federal law authorizes a state to apply for and obtain a waiver of certain requirements concerning the Medicaid program for an experimental, pilot or demonstration project that is likely to assist in promoting the goals of that program. (42 U.S.C. § 1315) Section 1 of this bill requires the Department of Health and Human Services to apply for such a waiver to provide certain dental care for persons with diabetes who are at least 21 years of age. Section 2 of this bill makes a conforming change. Sections 3 and 4 of this bill require a health maintenance organization or managed care organization that provides health care services through managed care to recipients of Medicaid to provide notice to such a recipient who is eligible to receive dental coverage pursuant to section 2 of his or her eligibility for such care. Section 6 of this bill requires the Department to: (1) use effective purchasing methods, including collaborating with other public and nonprofit entities that provide health coverage to negotiate lower prices for services, when implementing the waiver; and (2) submit to the 81st Session of the Legislature a report concerning the implementation of the waiver.
κ2019 Statutes of Nevada, Page 2417 (CHAPTER 379, AB 223)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 422 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The Department shall apply to the Secretary of Health and Human Services for a waiver granted pursuant to 42 U.S.C. § 1315 to authorize the Department to provide the dental care described in this section for persons with diabetes who are at least 21 years of age. To the extent authorized by the waiver and in accordance with any requirements of the waiver, including, without limitation, requirements concerning fiscal neutrality, such dental care must consist of an initial oral evaluation and, if that evaluation determines, in accordance with the criteria for periodontal disease prescribed by the American Academy of Periodontology or its successor organization, that:
(a) The person does not have periodontal disease:
(1) Dental prophylaxis for adults, an oral evaluation, the tracking and monitoring of glycosylated hemoglobin and notification of the person and his or her primary care provider, if any, concerning abnormal results once every 180 days;
(2) A comprehensive periodontal evaluation annually; and
(3) Filling of cavities, as necessary.
(b) The person has periodontal disease:
(1) Up to four quadrants of periodontal scaling and root planing every 36 months or, if periodontal scaling and root planing are determined to be unnecessary in accordance with the guidelines prescribed by the American Dental Association or its successor organization, dental prophylaxis for adults every 180 days;
(2) One periodontal maintenance procedure every 91 days;
(3) Tracking and monitoring of glycosylated hemoglobin and notification of the person and his or her primary care provider, if any, concerning abnormal results every 90 days; and
(4) Filling of cavities, as necessary.
2. The Director shall collaborate with the Division of Public and Behavioral Health of the Department when carrying out the provisions of this section.
3. As used in this section, dental prophylaxis means the use of dental tools and polishing procedures to remove plaque, tartar and stains from the portion of the tooth that extends above the gum line.
Sec. 2. NRS 232.320 is hereby amended to read as follows:
232.320 1. The Director:
(a) Shall appoint, with the consent of the Governor, administrators of the divisions of the Department, who are respectively designated as follows:
(1) The Administrator of the Aging and Disability Services Division;
(2) The Administrator of the Division of Welfare and Supportive Services;
(3) The Administrator of the Division of Child and Family Services;
(4) The Administrator of the Division of Health Care Financing and Policy; and
κ2019 Statutes of Nevada, Page 2418 (CHAPTER 379, AB 223)κ
(5) The Administrator of the Division of Public and Behavioral Health.
(b) Shall administer, through the divisions of the Department, the provisions of chapters 63, 424, 425, 427A, 432A to 442, inclusive, 446 to 450, inclusive, 458A and 656A of NRS, NRS 127.220 to 127.310, inclusive, 422.001 to 422.410, inclusive, and section 1 of this act, 422.580, 432.010 to 432.133, inclusive, 432B.621 to 432B.626, inclusive, 444.002 to 444.430, inclusive, and 445A.010 to 445A.055, inclusive, and all other provisions of law relating to the functions of the divisions of the Department, but is not responsible for the clinical activities of the Division of Public and Behavioral Health or the professional line activities of the other divisions.
(c) Shall administer any state program for persons with developmental disabilities established pursuant to the Developmental Disabilities Assistance and Bill of Rights Act of 2000, 42 U.S.C. §§ 15001 et seq.
(d) Shall, after considering advice from agencies of local governments and nonprofit organizations which provide social services, adopt a master plan for the provision of human services in this State. The Director shall revise the plan biennially and deliver a copy of the plan to the Governor and the Legislature at the beginning of each regular session. The plan must:
(1) Identify and assess the plans and programs of the Department for the provision of human services, and any duplication of those services by federal, state and local agencies;
(2) Set forth priorities for the provision of those services;
(3) Provide for communication and the coordination of those services among nonprofit organizations, agencies of local government, the State and the Federal Government;
(4) Identify the sources of funding for services provided by the Department and the allocation of that funding;
(5) Set forth sufficient information to assist the Department in providing those services and in the planning and budgeting for the future provision of those services; and
(6) Contain any other information necessary for the Department to communicate effectively with the Federal Government concerning demographic trends, formulas for the distribution of federal money and any need for the modification of programs administered by the Department.
(e) May, by regulation, require nonprofit organizations and state and local governmental agencies to provide information regarding the programs of those organizations and agencies, excluding detailed information relating to their budgets and payrolls, which the Director deems necessary for the performance of the duties imposed upon him or her pursuant to this section.
(f) Has such other powers and duties as are provided by law.
2. Notwithstanding any other provision of law, the Director, or the Directors designee, is responsible for appointing and removing subordinate officers and employees of the Department, other than the State Public Defender of the Office of State Public Defender who is appointed pursuant to NRS 180.010.
Sec. 3. Chapter 695C of NRS is hereby amended by adding thereto a new section to read as follows:
If the Department of Health and Human Services obtains a waiver to provide the dental care described in section 1 of this act, a health maintenance organization that provides health care services through managed care to recipients of Medicaid must:
κ2019 Statutes of Nevada, Page 2419 (CHAPTER 379, AB 223)κ
1. Provide written notice to each such recipient who is diagnosed with diabetes and is eligible to receive dental care pursuant to section 1 of this act of his or her eligibility to receive such care; and
2. Coordinate with any entity necessary to ensure that eligible recipients of Medicaid receive the benefits prescribed by that section.
Sec. 4. Chapter 695G of NRS is hereby amended by adding thereto a new section to read as follows:
If the Department of Health and Human Services obtains a waiver to provide the dental care described in section 1 of this act, a managed care organization that provides health care services through managed care to recipients of Medicaid must:
1. Provide written notice to each such recipient who is diagnosed with diabetes and is eligible to receive dental care pursuant to section 1 of this act of his or her eligibility to receive such care; and
2. Coordinate with any entity necessary to ensure that eligible recipients of Medicaid receive the benefits prescribed by that section.
Sec. 5. (Deleted by amendment.)
Sec. 6. 1. The Department of Health and Human Services shall use effective purchasing methods when carrying out the provisions of section 1 of this act. Such methods must include, without limitation and to the extent practicable, collaborating with the Department of Administration to negotiate prices for the purchase of the services described in section 1 of this act for recipients of Medicaid and other coverage funded by the State.
2. On or before January 1, 2021, the Division of Health Care Financing and Policy of the Department of Health and Human Services and the Division of Public and Behavioral Health of the Department shall submit to the Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature a report concerning the implementation of section 1 of this act.
Sec. 7. This act becomes effective on July 1, 2019.
________
Assembly Bill No. 234Assemblymen Monroe-Moreno, Benitez-Thompson, Fumo; Assefa, Duran, Gorelow, Munk, Peters, Thompson, Watts and Yeager
CHAPTER 380
[Approved: June 5, 2019]
AN ACT relating to child care; requiring the Program for Child Care and Development to include measures to increase the availability of child care for children with disabilities; requiring, to the extent of available money, the Program to reimburse a portion of the cost of child care provided to a child of a parent enrolled in certain educational programs; and providing other matters properly relating thereto.
κ2019 Statutes of Nevada, Page 2420 (CHAPTER 380, AB 234)κ
Legislative Counsels Digest:
Existing federal law establishes the Child Care and Development Block Grant Act of 1990, a program that provides block grants to states to provide child care services for certain children. (42 U.S.C. §§ 9857 et seq.) To receive such a block grant, a state is required to submit a state plan that meets certain requirements and outlines the services that the state proposes to fund using the grant. (42 U.S.C. § 9858c) Existing Nevada law requires the Department of Health and Human Services to administer the Program for Child Care and Development in this State. (NRS 422A.338) This bill requires the state plan for the Program to include requirements that the Program: (1) include measures to increase the availability of child care for children with disabilities; and (2) to the extent that money is available, reimburse a portion of the cost of child care provided to the children of certain eligible parents who are enrolled in certain educational or vocational programs that award a degree or certificate. This bill further requires the Director of the Department to prepare an annual report for the Legislature concerning the plan.
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 422A of NRS is hereby amended by adding thereto a new section to read as follows:
1. To the extent authorized by federal law, the Director shall include in the state plan established for the Program for Child Care and Development pursuant to 42 U.S.C. § 9858c:
(a) Measures to increase the availability of child care for children with a disability, which may include, without limitation:
(1) An enhanced rate of reimbursement for child care provided to a child with a disability by a provider that receives any training or technical assistance deemed appropriate by the Director for the care of that child;
(2) Other economic incentives for such child care; or
(3) The provision of supplemental services to child care facilities or persons who provide child care for the purpose of increasing access to child care for children with disabilities.
(b) A requirement that, to the extent of money available, the Program provide reimbursement for a portion of the cost of child care provided to the child of a parent who is:
(1) Enrolled in an educational or vocational program that awards a degree or certificate at a postsecondary educational institution or eligible institution; and
(2) Otherwise eligible to participate in the Program.
2. On or before April of each even-numbered year, the Director shall submit to the Director of the Legislative Counsel Bureau for transmittal to the Legislative Committee on Child Welfare and Juvenile Justice a report which must include:
(a) A description of the measures included in the state plan pursuant to paragraph (a) of subsection 1; and
(b) Data concerning the usage of reimbursements pursuant to paragraph (b) of subsection 1.
3. As used in this section:
(a) Eligible institution has the meaning ascribed to it in NRS 396.916.
κ2019 Statutes of Nevada, Page 2421 (CHAPTER 380, AB 234)κ
(b) Postsecondary educational institution has the meaning ascribed to it in NRS 394.099.
Sec. 1.5. The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.
Sec. 2. This act becomes effective:
1. Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and
2. On July 1, 2019, for all other purposes.
________
Assembly Bill No. 364Assemblyman Watts
CHAPTER 381
[Approved: June 5, 2019]
AN ACT relating to manufactured homes; authorizing the issuance of a certificate of ownership for a manufactured home, mobile home or commercial coach under certain circumstances; providing for the automatic transfer of certain manufactured homes, mobile homes and commercial coaches to designated beneficiaries upon the death of the owner; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, if a person applying for a certificate of ownership for a manufactured home, mobile home or commercial coach from the Housing Division of the Department of Business and Industry cannot present the certificate of ownership previously issued, the Division may receive the application, examine the circumstances of the case and require the filing of affidavits or other information. The Division may issue a certificate of ownership to the applicant when the Division is satisfied the applicant is entitled to such a certificate. (NRS 489.561) Section 2 of this bill authorizes a person who is unable to provide information satisfactory to the Division that the person is entitled to a certificate of ownership to obtain a new certificate of ownership by: (1) filing a bond with the Division in an amount equal to one and one-half times the assessed value of the manufactured home, mobile home or commercial coach; and (2) allowing the Division to inspect the manufactured home, mobile home or commercial coach for compliance with certain safety standards. Such a bond must be conditioned to indemnify prior and subsequent owners or lienholders of the manufactured home, mobile home or commercial coach against any expense, loss or damage because of the issuance of the certificate of ownership, or because of any defect in or undisclosed security interest in the applicants right or title to the manufactured home, mobile home or commercial coach or the applicants interest in the manufactured home, mobile home or commercial coach. Section 2 also abolishes any right of action against the Division for taking certain actions or failing to act in providing a certificate of ownership pursuant to that section. Section 5 of this bill makes a conforming change.
κ2019 Statutes of Nevada, Page 2422 (CHAPTER 381, AB 364)κ
Existing law provides for nonprobate transfer of certain property from the owner to a named beneficiary, including, without limitation, nonprobate transfers of certain motor vehicles for which the owner has obtained a certificate of title in beneficiary form from the Department of Motor Vehicles. (NRS 482.247) Section 3 of this bill authorizes the owner or owners of a manufactured home, mobile home or commercial coach to request a certificate of ownership in beneficiary form from the Housing Division of the Department of Business and Industry which directs the Division to transfer the certificate of ownership to a designated beneficiary upon the death of the owner. Section 3 also provides procedures for obtaining and revoking a certificate of ownership in beneficiary form, and specifies that a transfer of ownership made by a certificate of ownership in beneficiary form is not subject to the statutes governing probate matters. Section 4 of this bill makes a conforming change. Section 4 also requires that the signature of the person whose title or interest is to be transferred on a transfer of title to or the interest in a manufactured home, mobile home or commercial coach be notarized. (NRS 489.551) Section 3.5 of this bill requires the Administrator of the Housing Division to adopt regulations pertaining to the issuance of the bonded certificates of ownership and the certificates of ownership in beneficiary form provided for in sections 2 and 3.
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 489 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 3.5 of this act.
Sec. 2. 1. If an applicant who is seeking a certificate of ownership is unable to provide the information required by the Division pursuant to NRS 489.561 and satisfy the Division that the applicant is entitled to a certificate of ownership pursuant to that section, the applicant may obtain a new certificate of ownership from the Division by:
(a) Filing a bond with the Division that meets the requirements of subsection 3; and
(b) Allowing the Department to inspect the manufactured home, mobile home or commercial coach for compliance with the safety standards and other requirements provided in regulations adopted by the Administrator pursuant to NRS 489.251.
2. Any person damaged by the issuance of a certificate of ownership pursuant to this section has a right of action to recover on the bond for any breach of its conditions, except the aggregate liability of the surety to all persons must not exceed the amount of the bond.
3. The bond required pursuant to subsection 1 must be:
(a) In a form prescribed by the Division;
(b) Executed by the applicant as principal and by a corporation qualified under the laws of this State as surety;
(c) In an amount equal to one and one-half times the most recent assessed value assigned by the relevant county assessor to the manufactured home, mobile home or commercial coach; and
(d) Conditioned to indemnify any:
(1) Prior owner or lienholder of the manufactured home, mobile home or commercial coach, and his or her successors in interest;
(2) Subsequent purchaser of the manufactured home, mobile home or commercial coach, and his or her successors in interest; or
κ2019 Statutes of Nevada, Page 2423 (CHAPTER 381, AB 364)κ
(3) Person acquiring a security interest in the manufactured home, mobile home or commercial coach, and his or her successors in interest,
Κ against any expense, loss or damage because of the issuance of the certificate of ownership or because of any defect in or undisclosed security interest in the applicants right or title to the manufactured home, mobile home or commercial coach or the applicants interest in the manufactured home, mobile home or commercial coach.
4. A right of action does not exist in favor of any person by reason of any action or failure to act on the part of the Division or any officer or employee thereof in carrying out the provisions of this section, or in giving or failing to give any information concerning the legal ownership of a manufactured home, mobile home or commercial coach or the existence of a certificate of ownership obtained pursuant to this section.
Sec. 3. 1. The owner or joint owners of a manufactured home, mobile home or commercial coach may request the Department to issue a certificate of ownership in beneficiary form for the manufactured home, mobile home or commercial coach, as applicable, which includes a directive to the Department to transfer the certificate of ownership upon the death of the owner or upon the death of all joint owners to a beneficiary named on the face of the certificate of ownership.
2. A request made pursuant to subsection 1 must be submitted on an application made available by the Department and must:
(a) Contain a notarized signature of the owner or each joint owner; and
(b) Be accompanied by the fee for the issuance of a certificate of ownership.
3. A certificate of ownership in beneficiary form may not be issued to a person who holds an interest in a manufactured home, mobile home or commercial coach as a tenant in common with another person.
4. A certificate of ownership in beneficiary form must include after the name of the owner or after the names of joint owners the words transfer on death to or the abbreviation TOD followed by the name of the beneficiary.
5. During the lifetime of a sole owner or before the death of the last surviving joint owner:
(a) The signature or consent of the beneficiary is not required for any transaction relating to a manufactured home, mobile home or commercial coach for which a certificate of ownership in beneficiary form has been issued; and
(b) The certificate of ownership in beneficiary form may be revoked or the beneficiary changed at any time by:
(1) Sale of the manufactured home, mobile home or commercial coach with proper assignment and delivery of the certificate of ownership to another person; or
(2) Filing an application with, and paying a fee to, the Department to reissue the certificate of ownership with no designation of a beneficiary or with the designation of a different beneficiary.
6. The interest of the beneficiary in a manufactured home, mobile home or commercial coach on the death of the sole owner or on the death of the last surviving joint owner is subject to any contract of sale, assignment or ownership or security interest to which the owner or owners of the manufactured home, mobile home or commercial coach were subject during their lifetime.
κ2019 Statutes of Nevada, Page 2424 (CHAPTER 381, AB 364)κ
assignment or ownership or security interest to which the owner or owners of the manufactured home, mobile home or commercial coach were subject during their lifetime.
7. Except as otherwise provided in paragraph (b) of subsection 5, the designation of a beneficiary in a certificate of ownership in beneficiary form may not be changed or revoked by will, any other instrument or a change in circumstances, or otherwise changed or revoked.
8. The Department shall, upon:
(a) Proof of death of one of the owners, of two or more joint owners or of a sole owner; and
(b) Payment of the fee for a certificate of ownership,
Κ issue a new certificate of ownership for the manufactured home, mobile home or commercial coach to the surviving owner or owners or, if none, to the beneficiary, subject to any security interest.
9. For the purposes of complying with the provisions of subsection 8, the Department may rely on a death certificate, record or report that constitutes prima facie evidence of death.
10. The transfer on death of a manufactured home, mobile home or commercial coach pursuant to this section is not considered as testamentary and is not subject to administration pursuant to the provisions of title 12 of NRS.
11. As used in this section:
(a) Beneficiary means a person or persons designated to become the owner or owners of a manufactured home, mobile home or commercial coach on the death of the preceding owner or owners.
(b) Certificate of ownership in beneficiary form means a certificate of ownership of a manufactured home, mobile home or commercial coach that indicates the present owner or owners of the manufactured home, mobile home or commercial coach and designates a beneficiary.
Sec. 3.5. The Administrator shall adopt regulations pertaining to:
1. The issuance of a certificate of ownership pursuant to section 2 of this act; and
2. The issuance and revocation of a certificate of ownership in beneficiary form and a change in beneficiary for such a certificate of ownership pursuant to section 3 of this act.
Sec. 4. NRS 489.551 is hereby amended to read as follows:
489.551 [Upon] Except as otherwise provided in section 3 of this act, upon a transfer of the title to or the interest of an owner in a manufactured home, mobile home or commercial coach for which a certificate of ownership is issued pursuant to the provisions of this chapter, the person whose title or interest is to be transferred and the transferee shall write their signatures with ink upon the certificate of ownership issued for the manufactured home, mobile home or commercial coach, together with the residence address of the transferee, in the appropriate spaces provided upon the reverse side of the certificate. [Each] The signature of the person whose title or interest is to be transferred that is written upon a certificate of ownership pursuant to the provisions of this section must be notarized.
Sec. 5. NRS 489.561 is hereby amended to read as follows:
489.561 Whenever an application is made to the Division for title of a manufactured home, mobile home or commercial coach previously titled and the applicant is unable to present the certificate of ownership previously issued because it is lost or being unlawfully detained by one in possession or is not otherwise available, the Division may receive the application and examine the circumstances of the case and require the filing of affidavits or other information.
κ2019 Statutes of Nevada, Page 2425 (CHAPTER 381, AB 364)κ
is not otherwise available, the Division may receive the application and examine the circumstances of the case and require the filing of affidavits or other information. When the Division is satisfied that the applicant is entitled to a certificate of ownership, or pursuant to section 2 of this act, it may issue the certificate on the manufactured home, mobile home or commercial coach.
Sec. 6. This act becomes effective:
1. Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and
2. On January 1, 2020, for all other purposes.
________
Assembly Bill No. 449Committee on Legislative Operations and Elections
CHAPTER 382
[Approved: June 5, 2019]
AN ACT relating to child welfare; directing the Legislative Committee on Child Welfare and Juvenile Justice to conduct an interim study concerning juvenile detention in this State; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law creates the Legislative Committee on Child Welfare and Juvenile Justice and directs the Committee to evaluate and review various issues relating to child welfare and juvenile justice in this State. (NRS 218E.700-218E.720) Section 1 of this bill requires the Committee to conduct a study during the 2019-2020 interim concerning juvenile detention in this State. The study must include: (1) consideration of the implementation of a regional approach to housing juvenile offenders in this State; (2) a review of the adequacy of the current capacity of institutions and facilities in this State to house juvenile offenders; (3) a review of the current level of family and community engagement afforded to juveniles in the juvenile justice system and opportunities for an increase in such family and community engagement; (4) an analysis of current programming relating to the education, health and wellness of juvenile offenders in this State; (5) a review of the programs and services in other states where juvenile offenders who are tried as adults are housed with juvenile offenders within the juvenile justice system; (6) an analysis of sentencing practices for juvenile offenders in other states and an identification of best practices sentencing standards for juvenile offenders; and (7) a review of the facilities, services and programs available in this State for children who are determined to be incompetent by the juvenile court. Section 2 of this bill requires the Nevada Department of Corrections and each local and state institution or facility for the detention of juvenile offenders to present certain data, trends and other information to the Committee to assist the Committee in conducting the study required by section 1 of this bill.
κ2019 Statutes of Nevada, Page 2426 (CHAPTER 382, AB 449)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. 1. The Legislative Committee on Child Welfare and Juvenile Justice shall conduct a study during the 2019-2020 interim concerning juvenile detention in this State. The study must include, without limitation:
(a) Consideration of the implementation of a regional approach to the housing of juvenile offenders in this State, through which the Nevada Department of Corrections retains jurisdiction over juvenile offenders who are housed locally in other local or state institutions or facilities for the detention of juvenile offenders;
(b) A review of the adequacy of the current capacity of institutions and facilities in this State to house juvenile offenders;
(c) A review of the current level of family and community engagement afforded to juveniles in the juvenile justice system and the feasibility of programs to increase the level of family and community engagement received by juveniles in the juvenile justice system;
(d) An analysis of the current offerings of educational, health and wellness programming for juvenile offenders in institutions and facilities in this State;
(e) A review of the programs and services in other states where juvenile offenders who are tried as adults are housed with juvenile offenders within the juvenile justice system;
(f) An analysis of sentencing practices for juvenile offenders in other states and an identification of best practices sentencing standards for juvenile offenders; and
(g) A review of the facilities, services and programs available in this State for children who are determined to be incompetent by the juvenile court pursuant to NRS 62D.140 to 62D.190, inclusive.
2. In conducting the study, the Legislative Committee on Child Welfare and Juvenile Justice shall consult with and solicit input from persons and organizations with expertise in the issues concerning the detention of juvenile offenders, including, without limitation, local, state and national experts.
3. The Legislative Committee on Child Welfare and Juvenile Justice shall include its findings and any recommendations for legislation relating to the study conducted pursuant to subsection 1 in its report submitted to the Director of the Legislative Counsel Bureau pursuant to subsection 2 of NRS 218E.720.
Sec. 2. To assist the Legislative Committee on Child Welfare and Juvenile Justice in conducting the study pursuant to section 1 of this act, the Nevada Department of Corrections and each local and state institution or facility for the detention of juvenile offenders shall present to the Committee data, trends and other information relating to the institution or facility, including, without limitation:
1. The operating budget of the institution or facility and money available for programming and services at the institution or facility;
2. The average daily population, average length of stay and the highest degree of offense for which a juvenile is held at the institution or facility;
3. The age, capacity and condition of the institution or facility;
κ2019 Statutes of Nevada, Page 2427 (CHAPTER 382, AB 449)κ
4. Current staffing ratios and any staffing shortages at the institution or facility;
5. The educational, vocational and recreational programs offered at the institution or facility;
6. The number of juveniles held at the institution or facility, reported by age, race and ethnicity, gender, degree of offense committed, distance from home and if it can be reported, the length of sentence;
7. Data concerning risk and needs assessments, special education needs, and mental health diagnoses of the juvenile offenders at the institution or facility;
8. Data concerning the use of physical force to restrain juveniles in custody at the institution or facility, as well as data concerning physical and sexual assaults that have occurred at the institution or facility; and
9. The estimated costs that would be incurred by the institution or facility to transition the juvenile offenders to an integrated program.
Sec. 3. This act becomes effective on July 1, 2019.
________
Assembly Bill No. 476Assemblymen Benitez-Thompson, Kramer and Peters
CHAPTER 383
[Approved: June 5, 2019]
AN ACT relating to affordable housing; creating the Advisory Committee on Housing; prescribing the membership, powers and duties of the Advisory Committee; authorizing the Advisory Committee to request the drafting of not more than 1 legislative measure for each regular session of the Legislature; creating the Private Activity Bond Council; prescribing the membership, powers and duties of the Council; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under the law as it existed between 1987 and 2017, there existed in the Housing Division of the Department of Business and Industry an Advisory Committee on Housing with the power and duty to review and provide to the Director of the Department and the Administrator of the Division advice, recommendations and other commentary regarding certain matters relating to housing. (former NRS 319.173) The Advisory Committee was abolished in 2017. Section 1 of this bill recreates the Advisory Committee and revises its membership, powers and duties. Among other duties, section 1 requires the Advisory Committee to annually prepare and submit to the Private Activity Bond Council created by section 3 of this bill a report concerning housing that addresses, without limitation, community needs for housing in the State, housing trends and housing goals for this State.
Existing law prescribes the number of legislative measures which may be requested by various departments, agencies and other entities of this State for each regular session of the Legislature. (NRS 218D.100-218D.220) Section 1.5 of this bill authorizes the Advisory Committee on Housing to request for each regular session of the Legislature the drafting of not more than one legislative measure which relates to matters within the scope of the Committee.
κ2019 Statutes of Nevada, Page 2428 (CHAPTER 383, AB 476)κ
Under the Internal Revenue Code, states and local governments are allowed to finance certain projects that primarily benefit or are used by a private entity, but have some public benefit, through the issuance of bonds known as private activity bonds. If the bonds are issued for certain private activities specified in federal law, known as qualified private activities, the bondholders are not required to pay federal income taxes on the interest that the bondholders earn on the bonds. (26 U.S.C. §§ 103, 141) Examples of qualified private activities include multifamily rental projects, airports and student loans. (26 U.S.C. §§ 142-145, 1394) For some of those qualified private activities, federal law places an annual limit on the total dollar amount of tax-exempt private activity bonds that can be issued in each state, which is known as the state ceiling. In 2018, for example, Nevadas state ceiling was roughly $315 million. Each state is authorized to allocate its state ceiling among state and local governmental agencies and other authorized issuers. An allocation of the state ceiling to an issuer is known as the issuers volume cap. (26 U.S.C. § 146) Under existing law, the volume cap for State Government is 50 percent of the state ceiling for each calendar year, while the remaining 50 percent of the state ceiling is allocated to local governments in proportion to the percentage that the population of the local government bears to the entire population of Nevada. Existing law also provides that an entitys volume cap for any calendar year may be augmented or diminished in accordance with regulations adopted by the Director of the Department of Business and Industry. (NRS 348A.020)
Under existing law, the Director of the Department of Business and Industry is responsible for regulating private activity bonds in this State. (NRS 348A.040) Existing regulations establish a committee to serve in an advisory capacity to the Director with respect to private activity bonds. (NAC 348A.280) Section 3 creates in statute the Private Activity Bond Council and prescribes its membership. Section 4 of this bill requires the Council to advise the Governor, the State Board of Finance or the Director on the allocation of the state ceiling for the issuance of private activity bonds during any calendar year and on any other matter concerning private activity bonds, if requested. Finally, section 4 requires the Council to receive and consider the annual report concerning housing submitted by the Advisory Committee on Housing, created by section 1.
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 319 of NRS is hereby amended by adding thereto a new section to read as follows:
1. There is hereby created the Advisory Committee on Housing, consisting of nine members as set forth in subsection 2.
2. The Advisory Committee consists of:
(a) One member who is a Legislator appointed by the Legislative Commission;
(b) One member appointed by the Nevada Rural Housing Authority;
(c) One member appointed by the Southern Nevada Regional Housing Authority;
(d) One member appointed by the Reno Housing Authority; and
(e) Five members appointed by the Director as follows:
(1) One member who is knowledgeable and has experience in supportive housing programs and projects;
(2) One member who is representative of builders and developers of multifamily housing projects;
κ2019 Statutes of Nevada, Page 2429 (CHAPTER 383, AB 476)κ
(3) One member who is knowledgeable in banking and the financing of housing projects;
(4) One member who represents a local community development agency or regional planning agency in southern Nevada; and
(5) One member who represents a local community development agency or regional planning agency in northern Nevada.
Κ The members of the Advisory Committee are not entitled to any additional compensation for their service in that capacity.
3. A member of the Advisory Committee serves a term of 2 years and until his or her successor is appointed. A member may be reappointed for additional terms of 2 years in the same manner as the original appointment.
4. A vacancy in the membership of the Committee must be filled in the same manner as the original appointment for the remainder of the unexpired term.
5. The members of the Advisory Committee shall select a Chair from among their membership. The term of office of the Chair is 2 years. The Advisory Committee shall meet at least once each calendar quarter, and at the call of the Chair or upon the written request of the Administrator or a majority of the members of the Advisory Committee.
6. The Division shall provide administrative support to the Advisory Committee.
7. The Advisory Committee shall:
(a) Review and comment on:
(1) The annual housing progress report compiled by the Division pursuant to NRS 278.235;
(2) The annual plan established by the Division for allocating tax credits for low-income housing pursuant to 26 U.S.C. § 42; and
(3) Any other matter or information submitted to it by the Division.
(b) Annually prepare and submit to the Private Activity Bond Council created by section 3 of this act, a report concerning housing that addresses, without limitation:
(1) Community needs for housing in the State;
(2) Housing trends; and
(3) Housing goals for this State.
8. As used in this section:
(a) Director means the Director of the Department of Business and Industry.
(b) Private activity bond has the meaning ascribed to it in NRS 348A.010.
Sec. 1.5. Chapter 218D of NRS is hereby amended by adding thereto a new section to read as follows:
1. For a regular session, the Advisory Committee on Housing created by section 1 of this act may request the drafting of not more than 1 legislative measure which relates to matters within the scope of the Committee. The request must be submitted to the Legislative Counsel on or before September 1 preceding the regular session.
2. A request made pursuant to this section must be on a form prescribed by the Legislative Counsel. A legislative measure requested pursuant to this section must be prefiled on or before the third Wednesday in November preceding the regular session. A legislative measure that is not prefiled on or before that day shall be deemed withdrawn.
κ2019 Statutes of Nevada, Page 2430 (CHAPTER 383, AB 476)κ
Sec. 1.7. NRS 218D.100 is hereby amended to read as follows:
218D.100 1. The provisions of NRS 218D.100 to 218D.220, inclusive, and section 1.5 of this act apply to requests for the drafting of legislative measures for a regular session.
2. Except as otherwise provided by a specific statute, joint rule or concurrent resolution, the Legislative Counsel shall not honor a request for the drafting of a legislative measure if the request:
(a) Exceeds the number of requests authorized by NRS 218D.100 to 218D.220, inclusive, and section 1.5 of this act for the requester; or
(b) Is submitted by an authorized nonlegislative requester pursuant to NRS 218D.175 to 218D.220, inclusive, and section 1.5 of this act but is not in a subject related to the function of the requester.
3. The Legislative Counsel shall not:
(a) Honor a request to change the subject matter of a request for the drafting of a legislative measure after it has been submitted for drafting.
(b) Honor a request for the drafting of a legislative measure which has been combined in violation of Section 17 of Article 4 of the Nevada Constitution.
Sec. 2. Chapter 348A of NRS is hereby amended by adding thereto the provisions set forth as sections 3 and 4 of this act.
Sec. 3. 1. The Private Activity Bond Council is hereby created.
2. The Council consists of seven members as follows:
(a) The Director, or his or her designee, who shall serve as Chair of the Committee;
(b) The Executive Director of the Office of Economic Development, or his or her designee;
(c) One member who is a member of the Senate appointed by the Legislative Commission;
(d) One member who is a member of the Assembly appointed by the Legislative Commission;
(e) One member appointed by the Nevada League of Cities;
(f) One member appointed by the Nevada Association of Counties; and
(g) One member appointed by the Director who has experience in financing affordable housing projects.
3. An appointed member of the Council serves a term of 2 years and until his or her successor is appointed. An appointed member may be reappointed for additional terms of 2 years in the same manner as the original appointment.
4. A vacancy in the appointed membership of the Council must be filled in the same manner as the original appointment for the remainder of the unexpired term.
5. Each member of the Council:
(a) Serves without compensation; and
(b) While engaged in the business of the Council, is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.
6. A member of the Council who is an officer or employee of this State or a political subdivision of this State must be relieved from his or her duties without loss of regular compensation to prepare for and attend meetings of the Council and perform any work necessary to carry out the duties of the Council in the most timely manner practicable.
κ2019 Statutes of Nevada, Page 2431 (CHAPTER 383, AB 476)κ
duties of the Council in the most timely manner practicable. A state agency or political subdivision of this State shall not require an officer or employee who is a member of the Council to:
(a) Make up the time he or she is absent from work to carry out his or her duties as a member of the Council; or
(b) Take annual leave or compensatory time for the absence.
7. The Council shall meet at the call of the Chair as frequently as required to perform its duties, but not less than twice each year.
8. A majority of the voting members of the Council constitutes a quorum for the transaction of business, and a majority of a quorum present at any meeting is sufficient for any official action taken by the Council.
9. The Department of Business and Industry shall provide the Council with administrative support.
Sec. 4. The Council shall:
1. Receive and consider the annual report concerning housing submitted by the Advisory Committee on Housing, created by section 1 of this act;
2. Advise the Governor, the State Board of Finance or the Director on the allocation of the state ceiling for the issuance of private activity bonds during any calendar year; and
3. Upon request, advise the Governor, the State Board of Finance or the Director on any other matter concerning private activity bonds.
Sec. 5. NRS 348A.010 is hereby amended to read as follows:
348A.010 As used in NRS 348A.010 to 348A.040, inclusive [:] , and sections 3 and 4 of this act:
1. Council means the Private Activity Bond Council created by section 3 of this act.
2. Director means the Director of the Department of Business and Industry.
[2.] 3. Private activity bond has the meaning ascribed to it in 26 U.S.C. § 141.
[3.] 4. State ceiling has the meaning ascribed to it in 26 U.S.C. § 146(d).
[4.] 5. Volume cap has the meaning ascribed to it in 26 U.S.C. § 146(b) and (c).
Sec. 6. As soon as practicable on or after July 1, 2019:
1. The Legislative Commission, Nevada Rural Housing Authority, Southern Nevada Regional Housing Authority, Reno Housing Authority and Director of the Department of Business and Industry shall make the appointments to the Advisory Committee on Housing required by subsection 2 of section 1 of this act; and
2. The Legislative Commission, Nevada League of Cities, Nevada Association of Counties and Director of the Department of Business and Industry shall make the appointments to the Private Activity Bond Council required by subsection 2 of section 3 of this act.
Sec. 7. Any regulation adopted by the Administrator of the Housing Division of the Department of Business and Industry concerning the governance of the Advisory Committee on Housing as it existed before July 1, 2017, and which expired by operation of law on July 1, 2017, that is not in conflict with the provisions of section 1 of this act:
κ2019 Statutes of Nevada, Page 2432 (CHAPTER 383, AB 476)κ
1. Shall be deemed to have been adopted by the Administrator on July 1, 2019; and
2. Remains in effect until repealed or replaced by the Administrator.
Sec. 8. This act becomes effective on July 1, 2019.
________
Assembly Bill No. 494Committee on Ways and Means
CHAPTER 384
[Approved: June 5, 2019]
AN ACT relating to health care; authorizing the use of money in the Fund for Hospital Care to Indigent Persons to offset certain decreases in other state funds; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing federal regulations authorize supplemental payments to hospitals by Medicaid using state and federal funds prescribed by federal law in an amount not to exceed an upper payment limit prescribed by federal law. (42 C.F.R. §§ 447.272, 442.321) Existing law: (1) creates the Fund for Hospital Care to Indigent Persons; and (2) requires the board of county commissioners of each county to levy a tax and remit such taxes for credit to the Fund. (NRS 428.175, 428.185) Existing law authorizes the use of money in the Fund to make supplemental payments under the upper payment limit program. (NRS 428.206) Because the amount of payments under the upper payment limit program is limited, the provision of such payments from the Fund reduces federal matching funds for other components of the upper payment limit program. (42 C.F.R. §§ 447.272, 442.321) This bill authorizes the use of money in the Fund to offset a loss in savings generated by other components of the upper payment limit program caused by making supplemental payments from the Fund instead of those other components.
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 428.206 is hereby amended to read as follows:
428.206 1. The Board of Trustees of the Fund for Hospital Care to Indigent Persons may enter into an agreement with the Division of Health Care Financing and Policy of the Department of Health and Human Services whereby:
(a) The Board agrees to transfer an agreed upon amount of money each year from the Fund to the Division;
(b) The Division agrees to use the money so transferred to [include] :
(1) Include in the State Plan for Medicaid an enhanced rate of reimbursement for hospital care provided to recipients of Medicaid or to make supplemental payments to the hospital for the provision of such hospital care through increased federal financial participation ;
(2) Offset any decrease in savings generated by any component of the upper payment limit program established under the State Plan for Medicaid that results from providing supplemental payments to hospitals from the Fund pursuant to subparagraph (1); and [to satisfy]
κ2019 Statutes of Nevada, Page 2433 (CHAPTER 384, AB 494)κ
Medicaid that results from providing supplemental payments to hospitals from the Fund pursuant to subparagraph (1); and [to satisfy]
(3) Satisfy any portion of the obligation of a county to pay the nonfederal share of expenditures pursuant to NRS 422.272;
(c) The Division agrees to return any money transferred to the Division pursuant to the agreement if the Federal Government does not approve the enhanced rate of reimbursement or supplemental payments included in the State Plan;
(d) The Board agrees to continue to transfer not less than the same amount of money as the previous year if the State Plan is approved by the Federal Government until the Board has requested the Division to exclude the enhanced rate of reimbursement or supplemental payments from the State Plan and the Federal Government approves the State Plan without such enhanced rates or supplemental payments; and
(e) The Division agrees to exclude the enhanced rate of reimbursement or supplemental payments from the State Plan when it is next submitted to the Federal Government for approval if so requested by the Board.
2. Any money transferred from the Fund to the Division pursuant to this section must not be used to replace or supplant funding available from other sources for the same purpose.
3. As used in this section, upper payment limit program means a program providing for supplemental payments, not to exceed a limit calculated in the manner prescribed in the State Plan for Medicaid, to hospitals owned or operated by a governmental entity other than this State or an agency of this State.
Sec. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 498Committee on Health and Human Services
CHAPTER 385
[Approved: June 5, 2019]
AN ACT relating to children; requiring, to the extent authorized by federal law, certain assistance to be provided to a person who provides certain care for a child to whom he or she is not related; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the Director of the Department of Health and Human Services to adopt state plans required by the Federal Government for the administration of public assistance programs, including the State Plan for Temporary Assistance for Needy Families. (NRS 422A.080, 422A.260) Section 1 of this bill requires the Director to include, to the extent authorized by federal law, in the State Plan for Temporary Assistance for Needy Families the provision of child-only assistance for a caregiver who is caring for a child in foster care and who is not related by blood to the child but has a significant emotional and positive relationship with the child. Section 2 of this bill makes a conforming change.
κ2019 Statutes of Nevada, Page 2434 (CHAPTER 385, AB 498)κ
Existing federal law authorizes states to establish a program to provide financial assistance to certain relatives of children in foster care who become the legal guardians of such children. (42 U.S.C. §§ 671 and 673) Under federal law, the Federal Government reimburses states that establish such a program for a portion of the costs of the program. (42 U.S.C. § 674) Existing law requires the Department to: (1) establish and administer the Kinship Guardianship Assistance Program in accordance with the federal law to provide financial assistance to a relative of a child who is appointed as the legal guardian of the child under certain circumstances; and (2) adopt a state plan for the administration of the Program. Section 8 of this bill requires the Department, to the extent authorized by federal law, to include in the state plan a provision to provide assistance pursuant to the Program to a fictive kin who has been appointed the legal guardian of a child in foster care. Section 5 of this bill defines fictive kin as a person who is not related by blood to a child but who has a significant emotional and positive relationship with the child. If this provision of the state plan is approved by the Federal Government, section 6 of this bill defines the term relative for the purposes of the Program to include a fictive kin of a child so that such a fictive kin is eligible for assistance pursuant to the Program. Sections 7 and 9 of this bill make conforming changes.
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 422A of NRS is hereby amended by adding thereto a new section to read as follows:
1. The Director shall, to the extent authorized by federal law, include in the State Plan for Temporary Assistance for Needy Families, adopted pursuant to NRS 422A.260, provisions for the payment of child-only assistance to a fictive kin on behalf of a child who has been placed with the fictive kin pursuant to chapter 432B of NRS, if all applicable conditions of eligibility are met.
2. As used in this section, fictive kin means a person who is not related by blood to a child but has a significant emotional and positive relationship with the child.
Sec. 2. NRS 422A.500 is hereby amended to read as follows:
422A.500 As used in NRS 422A.500 to 422A.600, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 422A.505 to 422A.520, inclusive, have the meanings ascribed to them in those sections.
Sec. 3. Chapter 432B of NRS is hereby amended by adding thereto the provisions set forth as sections 4, 5 and 6 of this act.
Sec. 4. As used in NRS 432B.621 to 432B.626, inclusive, and sections 4, 5 and 6 of this act, unless the context otherwise requires, the words and terms defined in NRS 432B.621 and sections 5 and 6 of this act have the meanings ascribed to them in those sections.
Sec. 5. Fictive kin means a person who is not related by blood to a child but has a significant emotional and positive relationship with the child.
Sec. 6. Relative includes, without limitation, a fictive kin, if the Federal Government approves a state plan for the administration of the Program which is adopted pursuant to subsection 2 of NRS 432B.622 and which provides for the provision of assistance to a fictive kin of a child pursuant to the Program.
κ2019 Statutes of Nevada, Page 2435 (CHAPTER 385, AB 498)κ
Sec. 7. NRS 432B.621 is hereby amended to read as follows:
432B.621 [As used in NRS 432B.621 to 432B.626, inclusive, unless the context otherwise requires,] Program means the Kinship Guardianship Assistance Program established and administered by the Department pursuant to NRS 432B.622.
Sec. 8. NRS 432B.622 is hereby amended to read as follows:
432B.622 1. The Department, through a division of the Department designated by the Director, shall establish and administer the Kinship Guardianship Assistance Program to provide assistance pursuant to the provisions of NRS 432B.621 to 432B.626, inclusive, and sections 4, 5 and 6 of this act and 42 U.S.C. §§ 671 and 673.
2. The Department shall adopt a state plan for the administration of the Program. To the extent authorized by federal law, the Department shall include in the state plan for the administration of the Program a provision to provide assistance to a fictive kin of a child pursuant to the Program.
3. An agency which provides child welfare services may enter into an agreement to provide assistance to a relative of a child pursuant to the Program. Such an agreement may be entered into with a relative who is located outside the State of Nevada. If a guardianship for the child is established in the other state, the agency which provides child welfare services must comply with any order of the court of the state in which the child resides concerning the guardianship.
Sec. 9. NRS 232.320 is hereby amended to read as follows:
232.320 1. The Director:
(a) Shall appoint, with the consent of the Governor, administrators of the divisions of the Department, who are respectively designated as follows:
(1) The Administrator of the Aging and Disability Services Division;
(2) The Administrator of the Division of Welfare and Supportive Services;
(3) The Administrator of the Division of Child and Family Services;
(4) The Administrator of the Division of Health Care Financing and Policy; and
(5) The Administrator of the Division of Public and Behavioral Health.
(b) Shall administer, through the divisions of the Department, the provisions of chapters 63, 424, 425, 427A, 432A to 442, inclusive, 446 to 450, inclusive, 458A and 656A of NRS, NRS 127.220 to 127.310, inclusive, 422.001 to 422.410, inclusive, 422.580, 432.010 to 432.133, inclusive, 432B.621 to 432B.626, inclusive, and sections 4, 5 and 6 of this act, 444.002 to 444.430, inclusive, and 445A.010 to 445A.055, inclusive, and all other provisions of law relating to the functions of the divisions of the Department, but is not responsible for the clinical activities of the Division of Public and Behavioral Health or the professional line activities of the other divisions.
(c) Shall administer any state program for persons with developmental disabilities established pursuant to the Developmental Disabilities Assistance and Bill of Rights Act of 2000, 42 U.S.C. §§ 15001 et seq.
(d) Shall, after considering advice from agencies of local governments and nonprofit organizations which provide social services, adopt a master plan for the provision of human services in this State. The Director shall revise the plan biennially and deliver a copy of the plan to the Governor and the Legislature at the beginning of each regular session. The plan must:
κ2019 Statutes of Nevada, Page 2436 (CHAPTER 385, AB 498)κ
(1) Identify and assess the plans and programs of the Department for the provision of human services, and any duplication of those services by federal, state and local agencies;
(2) Set forth priorities for the provision of those services;
(3) Provide for communication and the coordination of those services among nonprofit organizations, agencies of local government, the State and the Federal Government;
(4) Identify the sources of funding for services provided by the Department and the allocation of that funding;
(5) Set forth sufficient information to assist the Department in providing those services and in the planning and budgeting for the future provision of those services; and
(6) Contain any other information necessary for the Department to communicate effectively with the Federal Government concerning demographic trends, formulas for the distribution of federal money and any need for the modification of programs administered by the Department.
(e) May, by regulation, require nonprofit organizations and state and local governmental agencies to provide information regarding the programs of those organizations and agencies, excluding detailed information relating to their budgets and payrolls, which the Director deems necessary for the performance of the duties imposed upon him or her pursuant to this section.
(f) Has such other powers and duties as are provided by law.
2. Notwithstanding any other provision of law, the Director, or the Directors designee, is responsible for appointing and removing subordinate officers and employees of the Department, other than the State Public Defender of the Office of State Public Defender who is appointed pursuant to NRS 180.010.
Sec. 10. This act becomes effective upon passage and approval for the purposes of adopting regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act, and on July 1, 2020, for all other purposes.
________
κ2019 Statutes of Nevada, Page 2437κ
Senate Bill No. 8Committee on Judiciary
CHAPTER 386
[Approved: June 5, 2019]
AN ACT relating to sex offenders; revising provisions governing sex offenders who are under a program of lifetime supervision; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law sets forth certain conditions to be imposed on sex offenders placed under a program of lifetime supervision or released on parole, probation or a suspended sentence. (NRS 176A.410, 213.1243, 213.1245, 213.1255) In McNeill v. State, 132 Nev. 551 (2016), the Nevada Supreme Court held that the State Board of Parole Commissioners does not have the authority to impose conditions that are not enumerated in NRS 213.1243 on sex offenders under a program of lifetime supervision. This bill authorizes the Board to establish additional conditions for sex offenders under a program of lifetime supervision that are similar to those placed on sex offenders released on parole, probation or a suspended sentence. This bill also provides that for purposes of prosecution of a violation of a condition imposed upon such offenders: (1) the violation shall be deemed to have occurred in the county that imposed the sentence of lifetime supervision, and may only be prosecuted therein, if the violation occurred outside this State; or (2) the violation shall be deemed to have occurred in the county in which the violation occurred, and may only be prosecuted therein, if the violation occurred in this State.
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 213.1243 is hereby amended to read as follows:
213.1243 1. The Board shall establish by regulation a program of lifetime supervision of sex offenders to commence after any period of probation or any term of imprisonment and any period of release on parole. The program must provide for the lifetime supervision of sex offenders by parole and probation officers.
2. Lifetime supervision shall be deemed a form of parole for:
(a) The limited purposes of the applicability of the provisions of NRS 213.1076, subsection 9 of NRS 213.1095, NRS 213.1096 and subsection 2 of NRS 213.110; and
(b) The purposes of the Interstate Compact for Adult Offender Supervision ratified, enacted and entered into by the State of Nevada pursuant to NRS 213.215.
3. Except as otherwise provided in subsection 9, the Board shall require as a condition of lifetime supervision that the sex offender reside at a location only if:
(a) The residence has been approved by the parole and probation officer assigned to the person.
(b) If the residence is a facility that houses more than three persons who have been released from prison, the facility is a facility for transitional living for released offenders that is licensed pursuant to chapter 449 of NRS.
κ2019 Statutes of Nevada, Page 2438 (CHAPTER 386, SB 8)κ
(c) The person keeps the parole and probation officer informed of his or her current address.
4. Except as otherwise provided in subsection 9, the Board shall require as a condition of lifetime supervision that the sex offender, unless approved by the parole and probation officer assigned to the sex offender and by a psychiatrist, psychologist or counselor treating the sex offender, if any, not knowingly be within 500 feet of any place, or if the place is a structure, within 500 feet of the actual structure, that is designed primarily for use by or for children, including, without limitation, a public or private school, a school bus stop, a center or facility that provides day care services, a video arcade, an amusement park, a playground, a park, an athletic field or a facility for youth sports, or a motion picture theater. The provisions of this subsection apply only to a sex offender who is a Tier 3 offender.
5. Except as otherwise provided in subsection 9, if a sex offender is convicted of a sexual offense listed in subsection 6 of NRS 213.1255 against a child under the age of 14 years, the sex offender is a Tier 3 offender and the sex offender is sentenced to lifetime supervision, the Board shall require as a condition of lifetime supervision that the sex offender:
(a) Reside at a location only if the residence is not located within 1,000 feet of any place, or if the place is a structure, within 1,000 feet of the actual structure, that is designed primarily for use by or for children, including, without limitation, a public or private school, a school bus stop, a center or facility that provides day care services, a video arcade, an amusement park, a playground, a park, an athletic field or a facility for youth sports, or a motion picture theater.
(b) As deemed appropriate by the Chief, be placed under a system of active electronic monitoring that is capable of identifying his or her location and producing, upon request, reports or records of his or her presence near or within a crime scene or prohibited area or his or her departure from a specified geographic location.
(c) Pay any costs associated with his or her participation under the system of active electronic monitoring, to the extent of his or her ability to pay.
6. A sex offender placed under the system of active electronic monitoring pursuant to subsection 5 shall:
(a) Follow the instructions provided by the Division to maintain the electronic monitoring device in working order.
(b) Report any incidental damage or defacement of the electronic monitoring device to the Division within 2 hours after the occurrence of the damage or defacement.
(c) Abide by any other conditions set forth by the Division with regard to his or her participation under the system of active electronic monitoring.
7. Except as otherwise provided in this subsection, a person who intentionally removes or disables or attempts to remove or disable an electronic monitoring device placed on a sex offender pursuant to this section is guilty of a gross misdemeanor. The provisions of this subsection do not prohibit a person authorized by the Division from performing maintenance or repairs to an electronic monitoring device.
8. Except as otherwise provided in subsection 7, a sex offender who commits a violation of a condition imposed on him or her pursuant to the program of lifetime supervision is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.
κ2019 Statutes of Nevada, Page 2439 (CHAPTER 386, SB 8)κ
than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.
9. The Board is not required to impose a condition pursuant to the program of lifetime supervision listed in subsections 3, 4 and 5 if the Board finds that extraordinary circumstances are present and the Board states those extraordinary circumstances in writing.
10. The Board shall require as a condition of lifetime supervision that the sex offender not have contact or communicate with a victim of the sexual offense or a witness who testified against the sex offender or solicit another person to engage in such contact or communication on behalf of the sex offender, unless approved by the Chief or his or her designee and a written agreement is entered into and signed.
11. The Board shall require as a condition of lifetime supervision, in addition to any other condition imposed pursuant to this section, that the sex offender:
(a) Participate in and complete a program of professional counseling approved by the Division, unless, before commencing a program of lifetime supervision, the sex offender previously completed a program of professional counseling recommended or ordered by the Board or the court upon conviction of the sexual offense for which the sex offender will be placed under a program of lifetime supervision.
(b) Not use aliases or fictitious names.
(c) Not possess any sexually explicit material that is harmful to minors as defined in NRS 201.257.
(d) Not enter, visit or patronize an establishment which offers a sexually related form of entertainment as its primary business.
(e) Inform the parole and probation officer assigned to the sex offender of any post office box used by the sex offender.
12. If the sex offender is convicted of a sexual offense involving the use of the Internet, the Board shall require, in addition to any other condition imposed pursuant to this section, that the sex offender not possess any electronic device capable of accessing the Internet and not access the Internet through any such device or any other means, unless the sex offender installs a device or subscribes to a service which enables the parole and probation officer assigned to the sex offender to regulate the sex offenders use of the Internet. The provisions of this subsection do not apply to a device used by a sex offender within the course and scope of his or her employment.
13. If the sex offender is convicted of a sexual offense involving the use of alcohol, marijuana or a controlled substance, the Board shall require, in addition to any other condition imposed pursuant to this section, that the sex offender participate in and complete a program of counseling pertaining to substance abuse approved by the Division, unless, before commencing a program of lifetime supervision, the sex offender previously completed a program of counseling pertaining to substance abuse recommended or ordered by the Board or the court upon conviction of the sexual offense for which the sex offender will be placed under a program of lifetime supervision.
14. If a court issues a warrant for arrest for a violation of this section, the court shall cause to be transmitted, in the manner prescribed by the Central Repository for Nevada Records of Criminal History, notice of the issuance of the warrant for arrest in a manner which ensures that such notice is received by the Central Repository within 3 business days.
κ2019 Statutes of Nevada, Page 2440 (CHAPTER 386, SB 8)κ
issuance of the warrant for arrest in a manner which ensures that such notice is received by the Central Repository within 3 business days.
[12.] 15. For the purposes of prosecution of a violation by a sex offender of a condition imposed upon him or her pursuant to the program of lifetime supervision [,] :
(a) In which the violation occurred outside this State, the violation shall be deemed to have occurred in, and may only be prosecuted in, the county in which the court that imposed the sentence of lifetime supervision pursuant to NRS 176.0931 is located, regardless of whether the acts or conduct constituting the violation took place, in whole or in part, [within or] outside that county or [within or] outside this State [.] ; or
(b) In which the violation occurred within this State, the violation shall be deemed to have occurred in, and may only be prosecuted in, the county in which the violation occurred.
Sec. 2. The amendatory provisions of this act apply in the following manner:
1. If a person has already commenced a program of lifetime supervision as of the effective date of this act, any applicable, additional conditions of a program of lifetime supervision added by the amendatory provisions of this act apply to the person as of January 1, 2021.
2. If a person has not yet commenced a program of lifetime supervision as of the effective date of this act, any applicable, additional conditions of a program of lifetime supervision added by the amendatory provisions of this act apply to the person as of January 1, 2020, or the date on which the person commences a program of lifetime supervision, whichever is later.
Sec. 3. This act becomes effective upon passage and approval.
________
Assembly Bill No. 92Committee on Education
CHAPTER 387
[Approved: June 5, 2019]
AN ACT relating to education; expanding the duties of the English Mastery Council; extending the termination date of the Council; making an appropriation; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law establishes the English Mastery Council and prescribes the duties of the Council which include reviewing certain policies and making recommendations relating to the education of English learners to the Superintendent of Public Instruction, the Commission on Professional Standards in Education, the Board of Regents of the University of Nevada, the boards of trustees of school districts and the State Board of Education. (NRS 388.409, 388.411) English learner is generally defined to mean certain pupils who come from an environment where a language other than English either is dominant or has had a significant impact on the pupils level of English language proficiency. (20 U.S.C. § 7801(20)) Section 1 of this bill expands the duties of the Council to include making recommendations to the State Board to improve the academic achievement and English proficiency of pupils who do not fall within the definition of English learners but have scored at or below the 25th percentile in the subject area of English language arts in certain examinations.
κ2019 Statutes of Nevada, Page 2441 (CHAPTER 387, AB 92)κ
Sections 2-4 of this bill extend the termination date of the Council from June 30, 2019, to June 30, 2022. Section 4.5 of this bill makes an appropriation to the Department of Education for travel expenses and transcription services for the Council.
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 388.411 is hereby amended to read as follows:
388.411 The English Mastery Council created by NRS 388.409 shall:
1. Make recommendations to the State Board for the adoption of regulations concerning criteria for the policies to teach English to pupils who are English learners that are developed by the board of trustees of each school district pursuant to NRS 388.407.
2. Review annually each policy to teach English to pupils who are English learners that is developed by the board of trustees of each school district pursuant to NRS 388.407 and make recommendations for improvement to the State Board and the applicable board of trustees.
3. Make recommendations to the Superintendent of Public Instruction, the Commission on Professional Standards in Education and the State Board for:
(a) The adoption of regulations pursuant to NRS 391.019 concerning the requirements for an endorsement to teach English as a second language, including, without limitation, the teachers who should be required to obtain the endorsement; and
(b) After the adoption of the regulations pursuant to paragraph (a), any revisions to those regulations as deemed necessary by the Council.
4. Develop standards and criteria for a curriculum for pupils who are English learners and submit those standards and criteria to the State Board for consideration.
5. Review any course of study offered by the Nevada System of Higher Education for training to teach English as a second language to determine if the course of study, including, without limitation, student teaching, is sufficiently rigorous to provide teachers with the tools necessary to improve the English proficiency and academic achievement and proficiency of pupils who are English learners.
6. Make recommendations to the Board of Regents of the University of Nevada for the improvement of any course of study described in subsection 5 and submit a copy of those recommendations to the Governor and the State Board.
7. Make recommendations to the State Board to improve the English proficiency and academic achievement of pupils who are not English learners and who have scored at or below the 25th percentile in the subject area of English language arts in an examination administered pursuant to NRS 390.105.
Sec. 2. Section 17 of chapter 515, Statutes of Nevada 2013, at page 3422, is hereby amended to read as follows:
Sec. 17. 1. This section and section 16.4 of this act become effective upon passage and approval.
2. Sections 1 to 4, inclusive, 5 to 16.3, inclusive, 16.5 and 16.6 of this act become effective on July 1, 2013.
κ2019 Statutes of Nevada, Page 2442 (CHAPTER 387, AB 92)κ
3. Section 4.5 of this act becomes effective on July 1, [2019.] 2022.
4. Sections 1.4, 1.5, 1.6 and 16.1 of this act expire by limitation on June 30, [2019.] 2022.
Sec. 3. Section 34 of chapter 341, Statutes of Nevada 2017, at page 2133, is hereby amended to read as follows:
Sec. 34. 1. This act becomes effective on July 1, 2017.
2. Section 1.7 of this act expires by limitation on June 30, [2019.] 2022.
Sec. 4. Section 84 of chapter 501, Statutes of Nevada 2017, at page 3292, is hereby amended to read as follows:
Sec. 84. 1. This section and sections 1 to 77, inclusive, 81, 82 and 83 of this act become effective on July 1, 2017.
2. Sections 28 and 29 of this act expire by limitation on June 30, [2019.] 2022.
3. Sections 78, 79 and 80 of this act become effective on July 1, 2019.
Sec. 4.5. 1. There is hereby appropriated from the State General Fund to the Department of Education for travel expenses and transcription services for the English Mastery Council created by NRS 388.409 the following sums:
For the Fiscal Year 2019-2020.............................................................. $5,000
For the Fiscal Year 2020-2021.............................................................. $5,000
2. Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 18, 2020, and September 17, 2021, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2020, and September 17, 2021, respectively.
Sec. 5. This act becomes effective upon passage and approval.
________
κ2019 Statutes of Nevada, Page 2443κ
Assembly Bill No. 222Committee on Judiciary
CHAPTER 388
[Approved: June 5, 2019]
AN ACT relating to specialty courts; revising provisions relating to the eligibility of certain defendants for participation in certain programs in specialty courts; authorizing certain courts to enter a judgment of conviction against a defendant before placing the defendant on probation and requiring the defendant to participate in certain programs in specialty courts; authorizing certain courts to set aside a judgment of conviction of a defendant upon completion of certain programs in specialty courts under certain circumstances; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes a district court, justice court or municipal court to place certain defendants who are veterans or members of the military on probation upon terms and conditions that must include attendance and successful completion of an appropriate program for the treatment of such defendants. However, the court may not assign a defendant to such a program without the prosecuting attorney stipulating to the assignment if: (1) the offense committed by the defendant involved the use or threatened use of force or violence; or (2) the defendant was previously convicted of a felony that involved the use or threatened use of force or violence. (NRS 176A.290) Existing law also contains a similar provision relating to the eligibility of defendants for assignment to a program for defendants with mental illness or intellectual disabilities. (NRS 176A.260)
The Nevada Supreme Court has held that subsection 2 of NRS 176A.290, which provides that the court may not assign a defendant who is a veteran or member of the military to a program without the prosecuting attorney stipulating to the assignment, violates the separation of powers clause in the Nevada Constitution. (State v. Hearn, 134 Nev. Adv. Op. 96 (2018)) The Court further held that the language providing for such a stipulation by the prosecuting attorney is severable from the statute, thereby rendering all defendants who committed a violent offense or who have previously been convicted of a violent felony ineligible for assignment to the program. (Id. at 10)
Sections 2 and 3 of this bill, which pertain to the eligibility for assignment to the program for defendants who are veterans or members of the military: (1) remove the language in the statute found unconstitutional by the Nevada Supreme Court that requires the stipulation by the prosecuting attorney before the court may assign to the program a defendant who committed a violent offense or who has previously been convicted of a violent felony; and (2) provide that a defendant who has committed a category A felony or a sexual offense punishable as a category B felony is ineligible for assignment to the program. Section 1 of this bill, which pertains to a program of treatment for defendants with mental illness or intellectual disabilities, makes similar changes.
Existing law authorizes a district court, justice court or municipal court, as applicable, to, without entering a judgment of conviction, suspend further proceedings and place a defendant on probation and require the defendant to complete a program for defendants who are veterans or members of the military under certain circumstances. Upon the defendants fulfillment of the terms and conditions of the program, existing law requires the district court, justice court or municipal court, as applicable, to discharge the defendant and dismiss the proceedings. (NRS 176A.290) Section 3 of this bill: (1) retains existing law as applicable to justice courts and municipal courts; and (2) authorizes a district court to enter a judgment of conviction against the defendant for certain felony or gross misdemeanor offenses before placing the defendant on probation and requiring the defendant to complete the program for defendants who are veterans or members of the military.
κ2019 Statutes of Nevada, Page 2444 (CHAPTER 388, AB 222)κ
and requiring the defendant to complete the program for defendants who are veterans or members of the military. Section 3 also requires the district court to discharge and dismiss the proceedings against or set aside the judgment of conviction of the defendant unless the defendant: (1) has previously been convicted of a felony under certain circumstances; or (2) has previously failed to complete a specialty court program. If the defendant has been previously convicted of a felony or has previously failed to complete a specialty court program, section 3 authorizes the district court to discharge and dismiss the proceedings against or set aside the judgment of conviction of the defendant.
Section 1 authorizes a court with a program of treatment for defendants with mental illness or intellectual disabilities to take similar action as a district court with a program for the treatment of defendants who are veterans or members of the military.
Section 2 also removes the provision in existing law that makes a defendant who has previously been assigned to the program ineligible for assignment to the program, thereby making such a defendant eligible for assignment to the program.
Section 4 of this bill makes a conforming change.
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 176A.260 is hereby amended to read as follows:
176A.260 1. Except as otherwise provided in subsection 2, if a defendant who suffers from mental illness or is intellectually disabled tenders a plea of guilty, guilty but mentally ill or nolo contendere to, or is found guilty or guilty but mentally ill of, any offense for which the suspension of sentence or the granting of probation is not prohibited by statute, the court may [, without] :
(a) Without entering a judgment of conviction and with the consent of the defendant, suspend further proceedings and place the defendant on probation upon terms and conditions that must include attendance and successful completion of a program established pursuant to NRS 176A.250 [.] ; or
(b) Enter a judgment of conviction and place the defendant on probation upon terms and conditions that must include attendance and successful completion of a program established pursuant to NRS 176A.250.
2. If the offense committed by the defendant [involved the use or threatened use of force or violence or if the defendant was previously convicted in this State or in any other jurisdiction of a felony that involved the use or threatened use of force or violence, the court may not assign the defendant to the program unless the prosecuting attorney stipulates to the assignment.] is a category A felony or a sexual offense as defined in NRS 179D.097 that is punishable as a category B felony, the defendant is not eligible for assignment to the program.
3. Upon violation of a term or condition:
(a) The court may enter a judgment of conviction , if applicable, and proceed as provided in the section pursuant to which the defendant was charged.
(b) Notwithstanding the provisions of paragraph (e) of subsection 2 of NRS 193.130, the court may order the defendant to the custody of the Department of Corrections if the offense is punishable by imprisonment in the state prison.
4. Upon fulfillment of the terms and conditions, the court [shall] :
κ2019 Statutes of Nevada, Page 2445 (CHAPTER 388, AB 222)κ
(a) Shall discharge the defendant and dismiss the proceedings [.] or set aside the judgment of conviction, as applicable, unless the defendant:
(1) Has been previously convicted in this State or in any other jurisdiction of a felony; or
(2) Has previously failed to complete a specialty court program; or
(b) May discharge the defendant and dismiss the proceedings or set aside the judgment of conviction, as applicable, if the defendant:
(1) Has been previously convicted in this State or in any other jurisdiction of a felony; or
(2) Has previously failed to complete a specialty court program.
5. Discharge and dismissal pursuant to this section is without adjudication of guilt and is not a conviction for purposes of this section or for purposes of employment, civil rights or any statute or regulation or license or questionnaire or for any other public or private purpose, but is a conviction for the purpose of additional penalties imposed for second or subsequent convictions or the setting of bail. Discharge and dismissal restores the defendant, in the contemplation of the law, to the status occupied before the arrest, indictment or information. The defendant may not be held thereafter under any law to be guilty of perjury or otherwise giving a false statement by reason of failure to recite or acknowledge that arrest, indictment, information or trial in response to an inquiry made of the defendant for any purpose.
Sec. 2. NRS 176A.287 is hereby amended to read as follows:
176A.287 1. Except as otherwise provided in subsection 2, a defendant is not eligible for assignment to a program of treatment established pursuant to NRS 176A.280 if : [the defendant:]
(a) [Has previously been assigned to such a program;] The offense committed by the defendant was a category A felony or a sexual offense as defined in NRS 179D.097 that is punishable as a category B felony; or
(b) [Was] The defendant was discharged or released from the Armed Forces of the United States, a reserve component thereof or the National Guard under dishonorable conditions.
2. A defendant described in paragraph (b) of subsection 1 may be assigned to a program of treatment established pursuant to NRS 176A.280 if a justice court, municipal court or district court, as applicable, determines that extraordinary circumstances exist which warrant the assignment of the defendant to the program.
Sec. 3. NRS 176A.290 is hereby amended to read as follows:
176A.290 1. Except as otherwise provided in [subsection 2 and] NRS 176A.287, if a defendant described in NRS 176A.280 tenders a plea of guilty, guilty but mentally ill or nolo contendere to, or is found guilty or guilty but mentally ill of [, any] :
(a) Any offense punishable as a felony or gross misdemeanor for which the suspension of sentence or the granting of probation is not prohibited by statute, the district court [, justice court or municipal court, as applicable,] may [, without] :
(1) Without entering a judgment of conviction and with the consent of the defendant, suspend further proceedings and place the defendant on probation upon terms and conditions that must include attendance and successful completion of a program established pursuant to NRS 176A.280 [.] ; or
κ2019 Statutes of Nevada, Page 2446 (CHAPTER 388, AB 222)κ
(2) Enter a judgment of conviction and place the defendant on probation upon terms and conditions that must include attendance and successful completion of a program established pursuant to NRS 176A.280; or
(b) Any offense punishable as a misdemeanor for which the suspension of sentence is not prohibited by statute, the justice court or municipal court, as applicable, may, without entering a judgment of conviction and with the consent of the defendant, suspend further proceedings upon terms and conditions that must include attendance and successful completion of a program established pursuant to NRS 176A.280.
2. [If the offense committed by the defendant involved the use or threatened use of force or violence or if the defendant was previously convicted in this State or in any other jurisdiction of a felony that involved the use or threatened use of force or violence, the district court, justice court or municipal court, as applicable, may not assign the defendant to the program unless the prosecuting attorney stipulates to the assignment. For the purposes of this subsection, in determining whether an offense involved the use or threatened use of force or violence, the district court, justice court or municipal court, as applicable, shall consider the facts and circumstances surrounding the offense, including, without limitation, whether the defendant intended to place another person in reasonable apprehension of bodily harm.
3.] Upon violation of a term or condition:
(a) The district court, justice court or municipal court, as applicable, may impose sanctions against the defendant for the violation, but allow the defendant to remain in the program. Before imposing a sanction, the court shall notify the defendant of the violation and provide the defendant an opportunity to respond. Any sanction imposed pursuant to this paragraph:
(1) Must be in accordance with any applicable guidelines for sanctions established by the National Association of Drug Court Professionals or any successor organization; and
(2) May include, without limitation, imprisonment in a county or city jail or detention facility for a term set by the court, which must not exceed 25 days.
(b) The district court, justice court or municipal court, as applicable, may enter a judgment of conviction , if applicable, and proceed as provided in the section pursuant to which the defendant was charged.
(c) Notwithstanding the provisions of paragraph (e) of subsection 2 of NRS 193.130, the district court may order the defendant to the custody of the Department of Corrections if the offense is punishable by imprisonment in the state prison.
[4.] 3. Except as otherwise provided in subsection 5, upon fulfillment of the terms and conditions [, the] :
(a) The district court [, justice court or municipal court, as applicable, shall] :
(1) Shall discharge the defendant and dismiss the proceedings [.] or set aside the judgment of conviction, as applicable, unless the defendant:
(I) Has been previously convicted in this State or in any other jurisdiction of a felony; or
(II) Has previously failed to complete a specialty court program; or
κ2019 Statutes of Nevada, Page 2447 (CHAPTER 388, AB 222)κ
(2) May discharge the defendant and dismiss the proceedings or set aside the judgment of conviction, as applicable, if the defendant:
(I) Has been previously convicted in this State or in any other jurisdiction of a felony; or
(II) Has previously failed to complete a specialty court program; or
(b) The justice court or municipal court, as applicable, shall discharge the defendant and dismiss the proceedings.
4. Discharge and dismissal pursuant to this section is without adjudication of guilt and is not a conviction for purposes of this section or for purposes of employment, civil rights or any statute or regulation or license or questionnaire or for any other public or private purpose, but is a conviction for the purpose of additional penalties imposed for second or subsequent convictions or the setting of bail. Discharge and dismissal restores the defendant, in the contemplation of the law, to the status occupied before the arrest, complaint, indictment or information. The defendant may not be held thereafter under any law to be guilty of perjury or otherwise giving a false statement by reason of failure to recite or acknowledge that arrest, complaint, indictment, information or trial in response to an inquiry made of the defendant for any purpose.
5. If the defendant was charged with a violation of NRS 200.485, 484C.110 or 484C.120, upon fulfillment of the terms and conditions, the district court, justice court or municipal court, as applicable, may conditionally dismiss the charges. If a court conditionally dismisses the charges, the court shall notify the defendant that the conditionally dismissed charges are a conviction for the purpose of additional penalties imposed for second or subsequent convictions or the setting of bail in a future case, but are not a conviction for purposes of employment, civil rights or any statute or regulation or license or questionnaire or for any other public or private purpose. Conditional dismissal restores the defendant, in the contemplation of the law, to the status occupied before the arrest, complaint, indictment or information. The defendant may not be held thereafter under any law to be guilty of perjury or otherwise giving a false statement by reason of failure to recite or acknowledge that arrest, complaint, indictment, information or trial in response to an inquiry made of the defendant for any purpose.
Sec. 4. NRS 176A.295 is hereby amended to read as follows:
176A.295 1. Except as otherwise provided in subsection 2, after a defendant is discharged from probation pursuant to NRS 176A.290, the justice court, municipal court or district court, as applicable, shall order sealed all documents, papers and exhibits in the defendants record, minute book entries and entries on dockets, and other documents relating to the case in the custody of such other agencies and officers as are named in the courts order if the defendant fulfills the terms and conditions imposed by the court and the Division. The justice court, municipal court or district court, as applicable, shall order those records sealed without a hearing unless the Division petitions the court, for good cause shown, not to seal the records and requests a hearing thereon.
2. If the defendant is charged with a violation of NRS 200.485, 484C.110 or 484C.120 and the charges are conditionally dismissed as provided in [subsection 5 of] NRS 176A.290, not sooner than 7 years after such a conditional dismissal and upon the filing of a petition by the defendant, the justice court, municipal court or district court, as applicable, shall order that all documents, papers and exhibits in the defendants record, minute book entries and entries on dockets, and other documents relating to the case in the custody of such other agencies and officers as are named in the courts order be sealed.
κ2019 Statutes of Nevada, Page 2448 (CHAPTER 388, AB 222)κ
minute book entries and entries on dockets, and other documents relating to the case in the custody of such other agencies and officers as are named in the courts order be sealed. The justice court, municipal court or district court, as applicable, shall order those records sealed without a hearing unless the Division petitions the court, for good cause shown, not to seal the records and requests a hearing thereon.
3. If the justice court, municipal court or district court, as applicable, orders sealed the record of a defendant discharged or whose charges were conditionally dismissed pursuant to NRS 176A.290, the court shall send a copy of the order to each agency or officer named in the order. Each such agency or officer shall notify the justice court, municipal court or district court, as applicable, in writing of its compliance with the order.
Sec. 4.5. (Deleted by amendment.)
Sec. 5. The amendatory provisions of this act apply to offenses committed before, on or after the effective date of this act.
Sec. 6. This act becomes effective upon passage and approval.
________
Assembly Bill No. 276Assemblywoman Miller
CHAPTER 389
[Approved: June 5, 2019]
AN ACT relating to education; creating the Nevada State Teacher Recruitment and Retention Advisory Task Force; providing for the membership, powers and duties of the Task Force; making an appropriation; and providing other matters properly relating thereto.
Legislative Counsels Digest:
This bill creates the Nevada State Teacher Recruitment and Retention Advisory Task Force for the purpose of addressing the challenges with attracting and retaining teachers throughout this State. Sections 3 and 5 of this bill set forth the membership, powers and duties of the Task Force. Section 3 requires the Task Force to meet quarterly and, in its fourth meeting in even-numbered years, present its findings and recommendations to the Legislative Committee on Education. Section 5 requires the Task Force to: (1) evaluate the challenges in attracting and retaining teachers throughout this State; (2) make recommendations to the Legislative Committee on Education to attract and retain teachers; and (3) submit a report of the findings and recommendations of the Task Force to the Director of the Legislative Counsel Bureau for transmittal to the Legislature. Section 4 of this bill establishes certain requirements for membership on the Task Force. Section 5.5 of this bill makes an appropriation.
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 391 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. As used in sections 2 to 5, inclusive, of this act, Task Force means the Nevada State Teacher Recruitment and Retention Advisory Task Force created by section 3 of this act.
κ2019 Statutes of Nevada, Page 2449 (CHAPTER 389, AB 276)κ
Sec. 3. 1. There is hereby created the Nevada State Teacher Recruitment and Retention Advisory Task Force consisting of the following members:
(a) One licensed teacher employed by each school district located in a county whose population is less than 100,000, appointed by the Legislative Committee on Education;
(b) Two licensed teachers employed by each school district located in a county whose population is 100,000 or more but less than 700,000, appointed by the Legislative Committee on Education; and
(c) Three licensed teachers employed by each school district located in a county whose population is 700,000 or more, appointed by the Legislative Committee on Education.
2. After the initial terms, each member of the Task Force serves a term of 2 years and may be reappointed to one additional 2-year term following his or her initial term. If any member of the Task Force ceases to be qualified for the position to which he or she was appointed, the position shall be deemed vacant and the Legislative Committee on Education shall appoint a replacement for the remainder of the unexpired term. A vacancy must be filled in the same manner as the original appointment.
3. The Task Force shall, at its first meeting and each odd-numbered year thereafter, elect a Chair from among its members.
4. The Task Force shall meet at least quarterly and may meet at other times upon the call of the Chair or a majority of the members of the Task Force. In even-numbered years, the Task Force shall have three meetings before the final meeting of the Legislative Committee on Education. In even-numbered years, the fourth meeting of the Task Force must be a presentation to the Legislative Committee on Education of the findings and recommendations of the Task Force made pursuant to section 5 of this act.
5. Ten members of the Task Force constitute a quorum, and a quorum may exercise all the power and authority conferred on the Task Force.
6. Members of the Task Force serve without compensation, except that for each day or portion of a day during which a member of the Task Force attends a meeting of the Task Force or is otherwise engaged in the business of the Task Force, the member is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.
7. Each member of the Task Force who is an officer or employee of the State or a local government must be relieved from his or her duties without loss of his or her regular compensation so that the member may prepare for and attend meetings of the Task Force and perform any work necessary to carry out the duties of the Task Force in the most timely manner practicable. A state agency or local government shall not require an officer or employee who is a member of the Task Force to make up the time the member is absent from work to carry out his or her duties as a member, and shall not require the member to take annual vacation or compensatory time for the absence.
8. The Department shall provide administrative support to the Task Force.
Sec. 4. 1. Each member of the Task Force must:
(a) Be a licensed teacher with at least 5 consecutive years of experience teaching in a public school in this State;
κ2019 Statutes of Nevada, Page 2450 (CHAPTER 389, AB 276)κ
(b) Be currently employed as a teacher and actively teaching in a public school in this State, and remain employed as a teacher in a public school in this State for the duration of the members term; and
(c) Not be currently serving on any other education-related board, commission, council, task force or similar governmental entity.
2. On or before December 1, 2019, the Department shall prescribe a uniform application for a teacher to use to apply to serve on the Task Force.
3. A teacher who wishes to serve on the Task Force must submit an application prescribed pursuant to subsection 2 to the Legislative Committee on Education on or before January 15 of an even-numbered year. On or before February 1 of each even-numbered year, the Legislative Committee on Education shall select one or more teachers, as applicable, to serve as a member of the Task Force.
Sec. 5. The Task Force shall:
1. Evaluate the challenges in attracting and retaining teachers throughout this State;
2. Make recommendations to the Legislative Committee on Education to address the challenges in attracting and retaining teachers throughout this State, including, without limitation, providing incentives to attract and retain teachers; and
3. On or before February 1 of each odd-numbered year, submit a report to the Director of the Legislative Counsel Bureau for transmission to the Legislature describing the findings and recommendations of the Task Force.
Sec. 5.5. 1. There is hereby appropriated from the State General Fund to the Department of Education for per diem allowance and travel expenses for members of the Nevada State Teacher Recruitment and Retention Advisory Task Force created by section 3 of this act the following sums:
For the Fiscal Year 2019-2020.............................................................. $7,692
For the Fiscal Year 2020-2021.............................................................. $7,692
2. Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 18, 2020, and September 17, 2021, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2020, and September 17, 2021, respectively.
Sec. 6. The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.
Sec. 7. This act becomes effective on July 1, 2019.
________
κ2019 Statutes of Nevada, Page 2451κ
Assembly Bill No. 416Committee on Judiciary
CHAPTER 390
[Approved: June 5, 2019]
AN ACT relating to criminal procedure; revising provisions relating to the collection of delinquent fines, administrative assessments, fees or restitution; authorizing a court to order the performance of community service in lieu of all or a part of any administrative assessment or fee in certain circumstances; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes a court to impose a collection fee against a defendant for any delinquent fine, administrative assessment, fee or restitution. Existing law authorizes a state or local entity responsible for collecting such a delinquent fine, administrative assessment, fee or restitution to take certain actions, including reporting the delinquency to credit reporting agencies. Existing law also authorizes the court to take certain actions, including: (1) entering a civil judgment for the amount due in favor of the state or local entity responsible for collecting the delinquent amount; (2) requesting that a prosecuting attorney undertake collection of the delinquency by attachment or garnishment of the property of the defendant, wages or other money receivable; (3) ordering the suspension of the drivers license of the defendant or prohibiting the defendant from applying for a drivers license for a specified period; and (4) for a delinquent fine or administrative assessment, ordering the confinement of the person in the appropriate prison, jail or detention facility. (NRS 176.064)
Section 2 of this bill revises provisions relating to the procedure for collecting such delinquent fines, administrative assessments, fees or restitution. Section 2 removes the ability of a state or local entity responsible for collecting a delinquent amount to report the delinquency to credit reporting agencies and removes the ability of the court to request that a prosecuting attorney undertake collection of the delinquency. Section 2 also specifies that a court may only order the suspension of the drivers license of a defendant or prohibit a defendant from applying for a drivers license for a specified period if the court determines that the defendant: (1) has the ability to pay the amount due and is willfully avoiding payment; or (2) was given the opportunity to perform community service to satisfy the amount due because the defendant is indigent and the defendant has failed to perform such community service. Section 2 thereby authorizes a state or local entity responsible for collecting a delinquent amount to: (1) request that the court enter a civil judgment for the amount due in favor of the state or local entity, suspend the drivers license of the defendant or prohibit the defendant from applying for a drivers license in such specified circumstances and, if the court determines that the defendant has the ability to pay the amount due and is willfully avoiding payment, order the confinement of the defendant in the appropriate prison, jail or detention facility; and (2) contract with a licensed collection agency to collect the delinquent amount and the collection fee.
Section 1.7 of this bill provides that any delinquent fine, administrative assessment or fee owed by a defendant for the commission of a minor traffic offense is deemed to be uncollectible if after 8 years it remains impossible or impracticable to collect the delinquent amount.
Section 1.3 of this bill establishes the circumstances in which a person who commits a minor traffic offense, as defined by the section, is presumed to be indigent and not to have the ability to pay a fine, administrative assessment or fee.
Section 2.5 of this bill additionally authorizes a court, under certain circumstances, to order a convicted person to perform community service in lieu of all or part of any administrative assessment or fee that may be imposed for the commission of a misdemeanor.
κ2019 Statutes of Nevada, Page 2452 (CHAPTER 390, AB 416)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 176 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.3 and 1.7 of this act.
Sec. 1.3. 1. For the purposes of this chapter, a person who commits a minor traffic offense is presumed to be indigent and not to have the ability to pay a fine, administrative assessment or fee imposed pursuant to this chapter if the person:
(a) Receives public assistance, as that term is defined in NRS 422A.065;
(b) Resides in public housing, as that term is defined in NRS 315.021; or
(c) Has a household income that is less than 200 percent of the federally designated level signifying poverty.
2. As used in this section, minor traffic offense means a violation of any state or local law or ordinance governing the operation of a motor vehicle upon any highway within this State other than:
(a) A violation of chapters 484A to 484E, inclusive, or 706 of NRS that causes the death of a person;
(b) A violation of NRS 484C.110 or 484C.120; or
(c) A violation declared to be a felony.
Sec. 1.7. Any delinquent fine, administrative assessment or fee owed by a defendant pursuant to NRS 176.064 who commits a minor traffic offense as defined in section 1.3 of this act is deemed to be uncollectible if after 8 years it remains impossible or impracticable to collect the delinquent amount.
Sec. 2. NRS 176.064 is hereby amended to read as follows:
176.064 1. If a fine, administrative assessment, fee or restitution is imposed upon a defendant pursuant to this chapter, whether or not the fine, administrative assessment, fee or restitution is in addition to any other punishment, and the fine, administrative assessment, fee or restitution or any part of it remains unpaid after the time established by the court for its payment, the defendant is liable for a collection fee, to be imposed by the court at the time it finds that the fine, administrative assessment, fee or restitution is delinquent, of:
(a) Not more than $100, if the amount of the delinquency is less than $2,000.
(b) Not more than $500, if the amount of the delinquency is $2,000 or greater, but is less than $5,000.
(c) Ten percent of the amount of the delinquency, if the amount of the delinquency is $5,000 or greater.
2. A state or local entity that is responsible for collecting a delinquent fine, administrative assessment, fee or restitution may, in addition to attempting to collect the fine, administrative assessment, fee or restitution through any other lawful means, take [any or all of] the following actions:
(a) [Report the delinquency to reporting agencies that assemble or evaluate information concerning credit.
(b)] Request that the court take appropriate action pursuant to subsection 3.
κ2019 Statutes of Nevada, Page 2453 (CHAPTER 390, AB 416)κ
[(c)] (b) Contract with a collection agency licensed pursuant to NRS 649.075 to collect the delinquent amount and the collection fee. The collection agency must be paid as compensation for its services an amount not greater than the amount of the collection fee imposed pursuant to subsection 1, in accordance with the provisions of the contract.
3. The court may, on its own motion or at the request of a state or local entity that is responsible for collecting the delinquent fine, administrative assessment, fee or restitution, take [any or all of] the following actions : [, in the following order of priority if practicable:]
(a) Enter a civil judgment for the amount due in favor of the state or local entity that is responsible for collecting the delinquent fine, administrative assessment, fee or restitution. A civil judgment entered pursuant to this paragraph may be enforced and renewed in the manner provided by law for the enforcement and renewal of a judgment for money rendered in a civil action. If the court has entered a civil judgment pursuant to this paragraph and the person against whom the judgment is entered is not indigent and has not satisfied the judgment within the time established by the court, the person may be dealt with as for contempt of court.
(b) [Request that a prosecuting attorney undertake collection of the delinquency, including, without limitation, the original amount of the civil judgment entered pursuant to paragraph (a) and the collection fee, by attachment or garnishment of the defendants property, wages or other money receivable.
(c) Order] If the court determines that the defendant has the ability to pay the amount due and is willfully avoiding payment, or if the defendant was given the opportunity to perform community service to satisfy the amount due because the defendant is indigent and the defendant has failed to perform such community service, order the suspension of the drivers license of the defendant. If the defendant does not possess a drivers license, the court may prohibit the defendant from applying for a drivers license for a specified period. If the defendant is already the subject of a court order suspending or delaying the issuance of the defendants drivers license, the court may order the additional suspension or delay, as appropriate, to apply consecutively with the previous order. At the time the court issues an order suspending the drivers license of a defendant pursuant to this paragraph, the court shall require the defendant to surrender to the court all drivers licenses then held by the defendant. The court shall, within 5 days after issuing the order, forward to the Department of Motor Vehicles the licenses, together with a copy of the order. At the time the court issues an order pursuant to this paragraph delaying the ability of a defendant to apply for a drivers license, the court shall, within 5 days after issuing the order, forward to the Department of Motor Vehicles a copy of the order. The Department of Motor Vehicles shall report a suspension pursuant to this paragraph to an insurance company or its agent inquiring about the defendants driving record, but such a suspension must not be considered for the purpose of rating or underwriting.
[(d) For a delinquent fine or administrative assessment,]
(c) If the court determines that the defendant has the ability to pay the amount due and is willfully avoiding payment, order the confinement of the [person] defendant in the appropriate prison, jail or detention facility, as provided in NRS 176.065 and 176.075.
κ2019 Statutes of Nevada, Page 2454 (CHAPTER 390, AB 416)κ
4. Money collected from a collection fee imposed pursuant to subsection 1 must be distributed in the following manner:
(a) Except as otherwise provided in paragraph (d), if the money is collected by or on behalf of a municipal court, the money must be deposited in a special fund in the appropriate city treasury. The city may use the money in the fund only to develop and implement a program for the collection of fines, administrative assessments, fees and restitution and to hire additional personnel necessary for the success of such a program.
(b) Except as otherwise provided in paragraph (d), if the money is collected by or on behalf of a justice court or district court, the money must be deposited in a special fund in the appropriate county treasury. The county may use the money in the special fund only to:
(1) Develop and implement a program for the collection of fines, administrative assessments, fees and restitution and to hire additional personnel necessary for the success of such a program; or
(2) Improve the operations of a court by providing funding for:
(I) A civil law self-help center; or
(II) Court security personnel and equipment for a regional justice center that includes the justice courts of that county.
(c) Except as otherwise provided in paragraph (d), if the money is collected by a state entity, the money must be deposited in an account, which is hereby created in the State Treasury. The Court Administrator may use the money in the account only to develop and implement a program for the collection of fines, administrative assessments, fees and restitution in this State and to hire additional personnel necessary for the success of such a program.
(d) If the money is collected by a collection agency, after the collection agency has been paid its fee pursuant to the terms of the contract, any remaining money must be deposited in the state, city or county treasury, whichever is appropriate, to be used only for the purposes set forth in paragraph (a), (b) or (c) of this subsection.
Sec. 2.5. NRS 176.087 is hereby amended to read as follows:
176.087 1. Except where the imposition of a specific criminal penalty is mandatory, a court may order a convicted person to perform supervised community service:
(a) In lieu of all or a part of any fine , administrative assessment, fee or imprisonment that may be imposed for the commission of a misdemeanor; or
(b) As a condition of probation granted for another offense.
2. The community service must be performed for and under the supervising authority of a county, city, town or other political subdivision or agency of the State of Nevada or a charitable organization that renders service to the community or its residents.
3. The court may require the convicted person to deposit with the court a reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and damage to property or for industrial insurance, or both, during those periods in which the person performs the community service, unless, in the case of industrial insurance, it is provided by the authority for which the person performs the community service.
4. The following conditions apply to any such community service imposed by the court:
(a) The court must fix the period of community service that is imposed as punishment or a condition of probation and distribute the period over weekends or over other appropriate times that will allow the convicted person to continue employment and to care for the persons family.
κ2019 Statutes of Nevada, Page 2455 (CHAPTER 390, AB 416)κ
weekends or over other appropriate times that will allow the convicted person to continue employment and to care for the persons family. The period of community service fixed by the court must not exceed, for a:
(1) Misdemeanor, 200 hours;
(2) Gross misdemeanor, 600 hours; or
(3) Felony, 1,000 hours.
(b) A supervising authority listed in subsection 2 must agree to accept the convicted person for community service before the court may require the convicted person to perform community service for that supervising authority. The supervising authority must be located in or be the town or city of the convicted persons residence or, if that placement is not possible, one located within the jurisdiction of the court or, if that placement is not possible, the authority may be located outside the jurisdiction of the court.
(c) Community service that a court requires pursuant to this section must be supervised by an official of the supervising authority or by a person designated by the authority.
(d) The court may require the supervising authority to report periodically to the court or to a probation officer the convicted persons performance in carrying out the punishment or condition of probation.
Secs. 3 and 4. (Deleted by amendment.)
________
Assembly Bill No. 526Committee on Ways and Means
CHAPTER 391
[Approved: June 5, 2019]
AN ACT relating to education; authorizing the Commission on Postsecondary Education to suspend the approval of or disapprove certain courses of training in certain circumstances; establishing a process for the appeal of such a suspension; providing for an additional voting member on the Commission who represents veterans; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing federal law, an eligible person or veteran receives certain educational benefits while enrolled in a course of education if the course is approved for the training of veterans by the State approving agency or is approved for the training of veterans in certain other circumstances. (38 U.S.C. § 3672; 38 C.F.R. § 21.4250) Existing federal law authorizes the State approving agency, which in the State of Nevada is the Commission on Postsecondary Education, to suspend or withdraw the approval of such a course if the course fails to meet the requirements for approval. (38 C.F.R. §§ 21.4150, 21.4259) Existing law establishes the Commission on Postsecondary Education. (NRS 394.383) The Commission grants licenses to postsecondary educational institutions in this State. (NRS 394.415) Under existing law, the Commission may also, without limitation, authorize a postsecondary educational institution to offer a degree in a specific subject and add vocational programs or degrees in specific subjects. (NRS 394.421) Existing regulations also provide that any institution licensed by or under the jurisdiction of an agency of government which seeks or has obtained approval to offer training to veterans is subject to the regulations of the Commission. (NAC 394.375)
κ2019 Statutes of Nevada, Page 2456 (CHAPTER 391, AB 526)κ
Section 1 of this bill authorizes the Commission to suspend the approval of a course for the training of veterans in certain circumstances. Section 1 requires the Commission to disapprove such a course in certain circumstances. Section 1 further requires the Commission to provide notification to a postsecondary educational institution of the suspension of a course and include certain information in such notification. Section 1 establishes a process by which a postsecondary educational institution that offers a course that has been suspended may appeal such a decision.
Section 2 of this bill increases the number of voting members on the Commission from six to seven members. Section 3 of this bill requires that one member on the Commission represent veterans and be knowledgeable on issues relating to veterans.
Sections 4-8 of this bill make conforming changes.
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 394 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The Commission may suspend the approval of a course for the training of veterans approved pursuant to 38 U.S.C. § 3672 and offered by a postsecondary educational institution in accordance with the provisions of 38 C.F.R. § 21.4259(a)(1). The Commission shall disapprove such a course in accordance with the provisions of 38 C.F.R. § 21.4259(a)(2). Except as otherwise provided by federal law, the Commission may immediately disapprove such a course if:
(a) The institution requests the disapproval; or
(b) The institution has permanently closed or no longer has the legal authority to operate.
2. The Commission shall notify the postsecondary educational institution, in writing, of a suspension of approval of a course pursuant to subsection 1 by certified mail, return receipt requested, in accordance with the provisions of 38 U.S.C. § 3679 and 38 C.F.R. § 21.4259. Except as otherwise provided by federal law, the notification must include:
(a) A statement of the facts or conduct that led to the suspension of approval of a course;
(b) A statement of any deficiencies in the course that must be corrected before the suspension of approval of a course can be rescinded, if applicable; and
(c) A statement informing the institution of its right to appeal such a decision by requesting a hearing.
3. If an institution corrects the deficiencies identified by the Commission in the statement submitted to the institution pursuant to subsection 2 during the period of suspension imposed pursuant to subsection 1, the Commission shall rescind the suspension of approval of the course.
4. Except as otherwise provided by federal law, the Commission shall grant a request for a hearing submitted by a postsecondary educational institution not less than 10 business days after the date the institution receives a notification of suspension of approval sent pursuant to subsection 2. The request for a hearing must be in writing and may be sent to the Administrator by electronic mail, facsimile or certified mail, return receipt requested.
κ2019 Statutes of Nevada, Page 2457 (CHAPTER 391, AB 526)κ
5. At least 10 days before a hearing granted pursuant to subsection 4, each party to the hearing shall submit to the other party a written statement that includes, without limitation:
(a) The disputed facts of the case;
(b) The issues presented by the case;
(c) A list of the names of the witnesses who may testify at the hearing and the contact information for each witness; and
(d) A list and description of the exhibits, if any, that the party intends to use at the hearing.
6. A hearing before a hearing officer granted pursuant to subsection 4 must be held in accordance with chapter 233B of NRS.
7. Each party to a hearing granted pursuant to subsection 4 is entitled to be heard, to present and rebut evidence and to examine and cross-examine witnesses. The Commission shall present its case first, followed by the postsecondary educational institution. The hearing officer may allow rebuttal evidence.
8. The hearing officer shall render his or her decision at an open meeting after the conclusion of a hearing granted pursuant to subsection 4. The hearing officer may:
(a) Affirm the initial suspension of approval of a course and the conditions for correcting any deficiencies identified by the Commission pursuant to subsection 2;
(b) Affirm the initial suspension of approval of a course and modify the conditions for correcting any deficiencies identified by the Commission pursuant to subsection 2; or
(c) Rescind the suspension of approval.
9. A decision of the Commission on a hearing granted pursuant to subsection 4 is final. If a postsecondary educational institution does not request a hearing pursuant to subsection 4, the initial suspension of approval of a course is final. A postsecondary educational institution that offers a course that has been suspended pursuant to subsection 8 is entitled to a review of the decision in the manner provided by chapter 233B of NRS.
10. The Commission shall adopt regulations establishing a process for holding a hearing requested pursuant to subsection 4, including, without limitation, that a hearing date may be continued upon written motion or stipulation and the approval of the Chair of the Commission.
Sec. 2. NRS 394.383 is hereby amended to read as follows:
394.383 1. The Commission on Postsecondary Education is hereby created within the Employment Security Division of the Department of Employment, Training and Rehabilitation. The Commission consists of:
(a) An employee of the Department of Employment, Training and Rehabilitation designated by the Director of the Department of Employment, Training and Rehabilitation to serve as a nonvoting member; and
(b) [Six] Seven voting members appointed by the Governor.
2. The voting members of the Commission are entitled to receive a salary of not more than $80, as fixed by the Commission, for each days attendance at a meeting of the Commission.
3. The nonvoting member of the Commission designated pursuant to paragraph (a) of subsection 1 must be relieved from his or her duties with the Department of Employment, Training and Rehabilitation without loss of regular compensation so that he or she may prepare for and attend meetings of the Commission and perform any work necessary to carry out the duties of the Commission in the most timely manner practicable.
κ2019 Statutes of Nevada, Page 2458 (CHAPTER 391, AB 526)κ
of the Commission and perform any work necessary to carry out the duties of the Commission in the most timely manner practicable. The Department may not require the member to make up time or take annual vacation or compensatory time for the time that he or she is absent from work to carry out his or her duties as a member of the Commission.
4. While engaged in the business of the Commission, each member of the Commission is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.
Sec. 3. NRS 394.385 is hereby amended to read as follows:
394.385 1. The Governor shall appoint:
(a) Two members who are knowledgeable in the field of education, but not persons representing postsecondary educational institutions, or colleges established or maintained under the laws of this State.
(b) Two members who are representatives of private postsecondary educational institutions.
(c) Two members who are representatives of the general public and are not associated with the field of education.
(d) One member who represents veterans and is knowledgeable in issues relating to veterans.
2. The Commission shall designate a Chair. The Commission may meet regularly at least four times each year at such places and times as may be specified by a call of the Chair or majority of the Commission. The Commission shall prescribe regulations for its own management. Four voting members of the Commission constitute a quorum which may exercise all the authority conferred upon the Commission.
3. Any Commissioner may be removed by the Governor if, in the opinion of the Governor, the Commissioner is guilty of malfeasance in office or neglect of duty.
Sec. 4. NRS 394.510 is hereby amended to read as follows:
394.510 1. The Commission may impose an administrative fine of not more than $10,000 against a licensee, revoke a license, or make a license conditional after its issuance, if the Commission reasonably believes that the holder has violated the provisions of NRS 394.383 to 394.560, inclusive, and section 1 of this act, or regulations adopted pursuant to those sections, or has failed to comply with a lawful order of the Commission. The Administrator shall notify the institution of the reasons for the action by certified mail to its last known address, 20 days before the meeting of the Commission at which the action will be considered.
2. If the Commission revokes a license, the institution shall cease its operations and granting degrees and shall refund to each enrolled student the cost of the students current course or program.
3. The Administrator may impose an administrative fine of not more than $10,000 against an institution or agent, revoke an agents permit, or make a permit conditional after its issuance, if the Administrator reasonably believes that the holder has violated the provisions of NRS 394.383 to 394.560, inclusive, and section 1 of this act, or regulations adopted pursuant thereto. Before action is taken, the Administrator shall notify the holder by certified mail of facts or conduct that warrant the impending action and advise the holder that if a hearing is desired it must be requested within 10 days after receipt of the notice letter. If no hearing is requested within the prescribed period the action becomes final.
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4. If an agent is fined or the agents permit is revoked or conditions imposed, the Administrator shall notify, by certified mail, the institution the agent represented in addition to the agent and any other parties to any hearing.
Sec. 5. NRS 394.520 is hereby amended to read as follows:
394.520 1. Until 1 year after the last date of attendance or date on which the damage occurred, whichever is later, a person claiming damage as a result of any act by a postsecondary educational institution or its agent, or both, that is a violation of NRS 394.383 to 394.560, inclusive, and section 1 of this act, or regulations adopted pursuant thereto, may file with the Administrator a verified complaint against the institution, its agent, or both. The complaint must set forth the alleged violation and contain other information as required by regulations of the Commission. A complaint may also be filed by a Commissioner or the Attorney General or initiated by the Administrator.
2. The Administrator shall investigate any verified complaint and may, at his or her discretion, attempt to effectuate a settlement by arbitration, mediation or negotiation. The Administrator may also consult with the applicable accrediting body to resolve the complaint. If a settlement cannot be reached, the Administrator shall render a decision and notify each party of the decision and the reasons for it by certified mail to his or her last known address. Either party may request a hearing before the Commission by notifying the Administrator by certified mail within 15 days after the decision was mailed to the party. The hearing must be held at the next meeting of the Commission in the geographical area convenient to the parties. If a hearing is not requested, the decision of the Administrator is final.
3. If, after consideration of all the evidence presented at a hearing, the Commission finds that a postsecondary educational institution or its agent, or both, are guilty of the violation alleged in the complaint, it shall issue and the Administrator shall serve upon the institution or agent, or both, an order to cease and desist from the violation. If the Commission finds the institution has substantially failed to furnish the instruction or services agreed upon in the agreement to enroll, it shall order the institution to make full restitution to the student of all money paid pursuant to the agreement. If the Commission finds that the institution has substantially furnished the instruction or services agreed upon in the agreement to enroll, but that conditions in the school were sufficiently substandard that it was not reasonable to expect the student to complete the instruction, the Commission shall order the institution to make restitution to the student of one-half the money paid pursuant to the agreement. The Commission may also, as appropriate, based on the Administrators investigation and the evidence adduced at the hearing, or either of them, institute proceedings to revoke an institutions license or recommend that the Administrator institute proceedings to revoke an agents permit.
Sec. 6. NRS 394.610 is hereby amended to read as follows:
394.610 Unless a specific penalty is otherwise provided, a person who willfully violates the provisions of NRS 394.005 to 394.560, inclusive, and section 1 of this act is guilty of a gross misdemeanor. Each days failure to comply with the provisions of these sections is a separate offense.
Sec. 7. NRS 232.920 is hereby amended to read as follows:
232.920 The Director:
1. Shall:
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(a) Organize the Department into divisions and other operating units as needed to achieve the purposes of the Department;
(b) Upon request, provide the Director of the Department of Administration with a list of organizations and agencies in this State whose primary purpose is the training and employment of persons with disabilities;
(c) Except as otherwise provided by a specific statute, direct the divisions to share information in their records with agencies of local governments which are responsible for the collection of debts or obligations if the confidentiality of the information is otherwise maintained under the terms and conditions required by law;
(d) Provide the employment and wage information to the Board of Regents of the University of Nevada for purposes of the reporting required of the Board of Regents by subsection 4 of NRS 396.531; and
(e) Provide to the Director of the Legislative Counsel Bureau a written report each quarter containing the rate of unemployment of residents of this State regarding whom the Department has information, organized by county and, for each county, the rate of unemployment disaggregated by demographic information, including, without limitation, age, race and gender. The Director of the Department shall:
(1) Post on the Internet website of the Department the report required by this paragraph;
(2) Provide the report to the Governors Workforce Investment Board and all applicable agencies for the purposes of subsection 5 of NRS 232.935; and
(3) Post on the Internet website of the Department the written report provided by the Governors Workforce Investment Board pursuant to subsection 5 of NRS 232.935.
2. Is responsible for the administration, through the divisions of the Department, of the provisions of NRS 394.383 to 394.560, inclusive, and section 1 of this act, 426.010 to 426.720, inclusive, 426.740, 426.790 and 426.800, and chapters 612 and 615 of NRS, and all other provisions of law relating to the functions of the Department and its divisions, but is not responsible for the professional line activities of the divisions or other operating units except as otherwise provided by specific statute.
3. May employ, within the limits of legislative appropriations, such staff as is necessary for the performance of the duties of the Department.
Sec. 8. 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 [.] , and section 1 of this act.
3. Has power and authority to adopt, amend or rescind such rules and regulations, 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.
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