[Rev. 12/20/2019 5:08:31 PM]
κ2019 Statutes of Nevada, Page 3567κ
Assembly Bill No. 168Assemblymen Thompson and Torres
CHAPTER 559
[Approved: June 12, 2019]
AN ACT relating to education; requiring a school to provide a plan of action based on restorative justice before expelling a pupil; prohibiting certain pupils from being suspended or expelled in certain circumstances; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, a pupil is required to be expelled or suspended from a public school if he or she commits a battery which results in the bodily injury of an employee of the school or sells or distributes any controlled substance in certain circumstances. (NRS 392.466) Existing law authorizes the expulsion or suspension of a pupil who: (1) is deemed a habitual disciplinary problem; or (2) participates in a program of special education in certain circumstances upon review of the board of trustees of the school district in which the pupil is enrolled. (NRS 392.466, 392.467) Existing law also authorizes the board of trustees of a school district to expel or suspend a pupil from a public school in the school district, but prohibits the board of trustees from expelling, suspending or removing a pupil solely because the pupil is deemed a truant. (NRS 392.467)
Section 3.3 of this bill, with certain exceptions, requires a school to provide a plan of action based on restorative justice to a pupil before expelling the pupil. Section 3.3 requires the Department of Education to develop examples of such a plan of action and post certain information on its Internet website. Sections 7 and 8 of this bill prohibit the permanent expulsion of a pupil who is not more than 10 years of age except in certain limited circumstances. Section 7 authorizes the suspension or permanent expulsion of a pupil who is at least 11 years of age only after the board of trustees of the school district has reviewed the circumstances and approved the action in accordance with its policy. Section 7 requires a public school to provide a plan of action based on restorative justice to a pupil who engages in certain actions and is at least 11 years of age before expelling or suspending the pupil. Section 7 also requires a public school that removes a pupil from school and places the pupil in another school to explain what services will be provided to address the specific needs and behaviors of the pupil at the new school that the current school is unable to provide. Section 7 requires the school district of the current school of the pupil to coordinate with the new school or the school district of the new school to ensure the new school has the resources necessary to accommodate the pupil. Section 8 prohibits the board of trustees of a school district from expelling, suspending or removing a pupil solely for offenses related to attendance. Section 8 also requires a school to conduct an investigation before taking certain disciplinary actions in certain circumstances. Sections 4 and 5 of this bill make conforming changes.
Existing law requires the principal of each public school to establish a plan for the discipline of pupils. (NRS 392.4644) Section 5.5 of this bill instead requires the board of trustees of each school district to establish such a plan. Existing law authorizes the school in which a pupil who is suspended is enrolled to develop a plan of behavior for the pupil. (NRS 392.4655) Section 6 of this bill instead requires such a school to develop a plan of behavior and allows the parent or guardian of a pupil to choose for the pupil not to participate in the plan of behavior.
Existing law prohibits a pupil who is participating in a program of special education from being suspended from school for more than 10 days or permanently expelled unless the board of trustees of the school district in which the pupil is enrolled has reviewed the circumstances and determined that the action complies with federal law relating to pupils with disabilities.
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federal law relating to pupils with disabilities. (NRS 392.466, 392.467) Sections 7 and 8 reduce the number of days that such a pupil can be suspended from 10 to 5.
Existing law authorizes the expulsion, suspension or removal of a pupil of a charter school or university school for profoundly gifted pupils in certain circumstances. (NRS 388A.495, 388C.150) Sections 1 and 2 of this bill apply similar provisions relating to the discipline of such pupils as are applied to pupils in other public schools by sections 3, 7 and 8.
Section 3.7 of this bill requires public schools to collect data on the suspension, expulsion and removal of pupils from a school and report such data to the board of trustees of the school district each quarter.
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 388A.495 is hereby amended to read as follows:
388A.495 1. A governing body of a charter school shall adopt:
(a) Written rules of behavior required of and prohibited for pupils attending the charter school; and
(b) Appropriate punishments for violations of the rules.
2. [Except as otherwise provided in subsection 3, if] If suspension or expulsion of a pupil is used as a punishment for a violation of the rules, the charter school shall ensure that, before the suspension or expulsion, the pupil and, if the pupil is under 18 years of age, the parent or guardian of the pupil, has been given notice of the charges against him or her, an explanation of the evidence and an opportunity for a hearing. The provisions of chapter 241 of NRS do not apply to any hearing conducted pursuant to this section. Such a hearing must be closed to the public.
3. A pupil who is at least 11 years of age and who poses a continuing danger to persons or property or an ongoing threat of disrupting the academic process , [or] who is selling or distributing any controlled substance or who is found to be in possession of a dangerous weapon as provided in NRS 392.466 may be removed from the charter school [immediately upon being given an explanation of the reasons for his or her removal and pending proceedings, which must be conducted as soon as practicable after removal, for suspension or expulsion of the pupil.] only after the charter school has made a reasonable effort to complete a plan of action based on restorative justice with the pupil in accordance with the provisions of NRS 392.466 and 392.467.
4. A pupil who is at least 11 years of age and who is enrolled in a charter school and participating in a program of special education pursuant to NRS 388.419 [, other than a pupil who receives early intervening services,] may, in accordance with the procedural policy adopted by the governing body of the charter school for such matters [,] and only after the governing body has reviewed the circumstances and determined that the action is in compliance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., be:
(a) Suspended from the charter school pursuant to this section for not more than [10] 5 days [.] for each occurrence.
(b) [Suspended from the charter school for more than 10 days or permanently] Permanently expelled from school pursuant to this section .
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[only after the governing body has reviewed the circumstances and determined that the action is in compliance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq.]
5. A copy of the rules of behavior, prescribed punishments and procedures to be followed in imposing punishments must be:
(a) Distributed to each pupil at the beginning of the school year and to each new pupil who enters school during the year.
(b) Available for public inspection at the charter school.
6. The governing body of a charter school may adopt rules relating to the truancy of pupils who are enrolled in the charter school if the rules are at least as restrictive as the provisions governing truancy set forth in NRS 392.130 to 392.220, inclusive. If a governing body adopts rules governing truancy, it shall include the rules in the written rules adopted by the governing body pursuant to subsection 1.
Sec. 2. NRS 388C.150 is hereby amended to read as follows:
388C.150 1. The governing body of a university school for profoundly gifted pupils shall adopt:
(a) Written rules of behavior for pupils enrolled in the university school, including, without limitation, prohibited acts; and
(b) Appropriate punishments for violations of the rules.
2. [Except as otherwise provided in subsection 3, if] If suspension or expulsion of a pupil is used as a punishment for a violation of the rules, the university school for profoundly gifted pupils shall ensure that, before the suspension or expulsion, the pupil has been given notice of the charges against him or her, an explanation of the evidence and an opportunity for a hearing. The provisions of chapter 241 of NRS do not apply to any hearing conducted pursuant to this section. Such a hearing must be closed to the public.
3. A pupil who is at least 11 years of age and who poses a continuing danger to persons or property or an ongoing threat of disrupting the academic process , [or] who is selling or distributing any controlled substance or who is found to be in possession of a dangerous weapon as provided in NRS 392.466 may be removed [from the university school for profoundly gifted pupils immediately upon being given an explanation of the reasons for the removal of the pupil and pending proceedings, which must be conducted as soon as practicable after removal, for his or her suspension or expulsion.] only after the university school for profoundly gifted pupils has made a reasonable effort to complete a plan of action based on restorative justice with the pupil in accordance with the provisions of NRS 392.466 and 392.467.
4. A pupil who is at least 11 years of age and who is enrolled in a university school for profoundly gifted pupils and participating in a program of special education pursuant to NRS 388.419 [, other than a pupil who receives early intervening services,] may, in accordance with the procedural policy adopted by the governing body of the university school for such matters [,] and only after the governing body has reviewed the circumstances and determined that the action is in compliance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., be:
(a) Suspended from the university school pursuant to this section for not more than [10] 5 days [.] for each occurrence.
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(b) [Suspended from the university school for more than 10 days or permanently] Permanently expelled from school pursuant to this section . [only after the governing body has reviewed the circumstances and determined that the action is in compliance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq.]
5. A copy of the rules of behavior, prescribed punishments and procedures to be followed in imposing punishments must be:
(a) Distributed to each pupil at the beginning of the school year and to each new pupil who enters the university school for profoundly gifted pupils during the year.
(b) Available for public inspection at the university school.
6. The governing body of a university school for profoundly gifted pupils may adopt rules relating to the truancy of pupils who are enrolled in the university school if the rules are at least as restrictive as the provisions governing truancy set forth in NRS 392.130 to 392.220, inclusive. If the governing body adopts rules governing truancy, it shall include the rules in the written rules adopted by the governing body pursuant to subsection 1.
Sec. 3. Chapter 392 of NRS is hereby amended by adding thereto the provisions set forth as sections 3.3 and 3.7 of this act.
Sec. 3.3. 1. Except as otherwise provided in NRS 392.466 and to the extent practicable, a public school shall provide a plan of action based on restorative justice before expelling a pupil from school.
2. The Department shall develop one or more examples of a plan of action which may include, without limitation:
(a) Positive behavioral interventions and support;
(b) A plan for behavioral intervention;
(c) A referral to a team of student support;
(d) A referral to an individualized education program team;
(e) A referral to appropriate community-based services; and
(f) A conference with the principal of the school or his or her designee and any other appropriate personnel.
3. The Department may approve a plan of action based on restorative justice that meets the requirements of this section submitted by a public school.
4. The Department shall post on its Internet website a guidance document that includes, without limitation:
(a) A description of the requirements of this section and section 3.7 of this act;
(b) A timeline for implementation of the requirements of this section and section 3.7 of this act by a public school;
(c) One or more models of restorative justice and best practices relating to restorative justice;
(d) A curriculum for professional development relating to restorative justice and references for one or more consultants or presenters qualified to provide additional information or training relating to restorative justice; and
(e) One or more examples of a plan of action based on restorative justice developed pursuant to subsection 2.
5. The Department shall adopt regulations necessary to carry out the provisions of this section.
6. As used in this section:
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(a) Individualized education program team has the meaning ascribed to it in 20 U.S.C. § 1414(d)(1)(B).
(b) Restorative justice means nonpunitive intervention and support provided by the school to a pupil to improve the behavior of the pupil and remedy any harm caused by the pupil.
Sec. 3.7. Each public school shall collect data on the discipline of pupils. Such data must include, without limitation, the number of expulsions and suspensions of pupils and the number of placements of pupils in another school. Such data must be disaggregated into subgroups of pupils and the types of offense. The principal of each public school shall:
1. Review the data and take appropriate action; and
2. Report the data to the board of trustees of the school district each quarter.
Sec. 4. NRS 392.4634 is hereby amended to read as follows:
392.4634 1. Except as otherwise provided in subsection 3, a pupil enrolled in kindergarten or grades 1 to 8, inclusive, may not be disciplined, including, without limitation, pursuant to NRS 392.466, for:
(a) Simulating a firearm or dangerous weapon while playing; or
(b) Wearing clothing or accessories that depict a firearm or dangerous weapon or express an opinion regarding a constitutional right to keep and bear arms, unless it substantially disrupts the educational environment.
2. Simulating a firearm or dangerous weapon includes, without limitation:
(a) Brandishing a partially consumed pastry or other food item to simulate a firearm or dangerous weapon;
(b) Possessing a toy firearm or toy dangerous weapon that is 2 inches or less in length;
(c) Possessing a toy firearm or toy dangerous weapon made of plastic building blocks which snap together;
(d) Using a finger or hand to simulate a firearm or dangerous weapon;
(e) Drawing a picture or possessing an image of a firearm or dangerous weapon; and
(f) Using a pencil, pen or other writing or drawing implement to simulate a firearm or dangerous weapon.
3. A pupil who simulates a firearm or dangerous weapon may be disciplined when disciplinary action is consistent with a policy adopted by the board of trustees of the school district and such simulation:
(a) Substantially disrupts learning by pupils or substantially disrupts the educational environment at the school;
(b) Causes bodily harm to another person; or
(c) Places another person in reasonable fear of bodily harm.
4. Except as otherwise provided in subsection 5, a school, school district, board of trustees of a school district or other entity shall not adopt any policy, ordinance or regulation which conflicts with this section.
5. The provisions of this section shall not be construed to prohibit a school from establishing and enforcing a policy requiring pupils to wear a school uniform as authorized pursuant to NRS 386.855.
6. As used in this section:
(a) Dangerous weapon has the meaning ascribed to it in paragraph (b) of subsection [9] 11 of NRS 392.466.
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(b) Firearm has the meaning ascribed to it in paragraph (c) of subsection [9] 11 of NRS 392.466.
Sec. 5. NRS 392.4635 is hereby amended to read as follows:
392.4635 1. The board of trustees of each school district shall establish a policy that prohibits the activities of criminal gangs on school property.
2. The policy established pursuant to subsection 1 may include, without limitation:
(a) The provision of training for the prevention of the activities of criminal gangs on school property.
(b) If the policy includes training:
(1) A designation of the grade levels of the pupils who must receive the training.
(2) A designation of the personnel who must receive the training, including, without limitation, personnel who are employed in schools at the grade levels designated pursuant to subparagraph (1).
Κ The board of trustees of each school district shall ensure that the training is provided to the pupils and personnel designated in the policy.
(c) Provisions which prohibit:
(1) A pupil from wearing any clothing or carrying any symbol on school property that denotes membership in or an affiliation with a criminal gang; and
(2) Any activity that encourages participation in a criminal gang or facilitates illegal acts of a criminal gang.
(d) Provisions which provide for the suspension or expulsion pursuant to NRS 392.466 and 392.467 of pupils who violate the policy.
3. The board of trustees of each school district may develop the policy required pursuant to subsection 1 in consultation with:
(a) Local law enforcement agencies;
(b) School police officers, if any;
(c) Persons who have experience regarding the actions and activities of criminal gangs;
(d) Organizations which are dedicated to alleviating criminal gangs or assisting members of criminal gangs who wish to disassociate from the gang; and
(e) Any other person deemed necessary by the board of trustees.
4. As used in this section, criminal gang has the meaning ascribed to it in NRS 213.1263.
Sec. 5.5. NRS 392.4644 is hereby amended to read as follows:
392.4644 1. The [principal] board of trustees of each [public] school district shall establish a plan to provide for the progressive discipline of pupils and on-site review of disciplinary decisions. The plan must:
(a) Be developed with the input and participation of teachers , school administrators and other educational personnel and support personnel who are employed [at] by the school [,] district, and the parents and guardians of pupils who are enrolled in [the school.] schools within the school district.
(b) Be consistent with the written rules of behavior prescribed in accordance with NRS 392.463.
(c) Include, without limitation, provisions designed to address the specific disciplinary needs and concerns of [the] each school [.] within the school district.
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(d) Provide for the temporary removal of a pupil from a classroom or other premises of a public school in accordance with NRS 392.4645.
(e) Provide for the placement of a pupil in a different school within the school district in accordance with NRS 392.466.
(f) Include the names of any members of a committee to review the temporary alternative placement of pupils required by NRS 392.4647.
(g) Be posted on the Internet website maintained by the school district.
2. On or before September 15 of each year, the principal of each public school shall:
(a) Review the plan established by subsection 1 in consultation with the teachers , school administrators and other educational personnel and support personnel who are employed at the school [;] and the parents and guardians of pupils and the pupils who are enrolled in the school;
(b) Based upon the review, [make] recommend to the board of trustees of the school district revisions to the plan, as recommended by the teachers , school administrators and other educational personnel and support personnel [,] and the parents and guardians of pupils and the pupils who are enrolled in the school, if necessary;
(c) Post a copy of the plan or the revised plan, [as applicable,] as provided by the school district, on the Internet website maintained by the school [or school district;] ; and
(d) Distribute to each teacher , school administrator and all educational support personnel who are employed at or assigned to the school a written or electronic copy of the plan or the revised plan, [as applicable; and
(e) Submit a copy of the plan or the revised plan, as applicable, to the superintendent of schools of the school district.] as provided by the school district.
3. [On or before October 15 of each year, the superintendent of schools of each school district shall submit a report to the board of trustees of the school district that includes:
(a) A compilation of the plans submitted pursuant to this subsection by each school within the school district.
(b) The name of each principal, if any, who has not complied with the requirements of this section.
4.] On or before November 15 of each year, the board of trustees of each school district shall:
(a) Submit a written report to the Superintendent of Public Instruction [based upon the compilation submitted pursuant to subsection 3] that reports the progress of each school within the district in complying with the requirements of this section; and
(b) Post a copy of the report on the Internet website maintained by the school district.
Sec. 6. NRS 392.4655 is hereby amended to read as follows:
392.4655 1. Except as otherwise provided in this section, a principal of a school shall deem a pupil enrolled in the school a habitual disciplinary problem if the school has written evidence which documents that in 1 school year:
(a) The pupil has threatened or extorted, or attempted to threaten or extort, another pupil or a teacher or other personnel employed by the school two or more times or the pupil has a record of five suspensions from the school for any reason; and
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(b) The pupil has not entered into and participated in a plan of behavior pursuant to subsection 5.
2. At least one teacher of a pupil who is enrolled in elementary school and at least two teachers of a pupil who is enrolled in junior high, middle school or high school may request that the principal of the school deem a pupil a habitual disciplinary problem. Upon such a request, the principal of the school shall meet with each teacher who made the request to review the pupils record of discipline. If, after the review, the principal of the school determines that the provisions of subsection 1 do not apply to the pupil, a teacher who submitted a request pursuant to this subsection may appeal that determination to the board of trustees of the school district. Upon receipt of such a request, the board of trustees shall review the initial request and determination pursuant to the procedure established by the board of trustees for such matters.
3. If a pupil is suspended, the school in which the pupil is enrolled shall provide written notice to the parent or legal guardian of the pupil that contains:
(a) A description of the act committed by the pupil and the date on which the act was committed;
(b) An explanation that if the pupil receives five suspensions on his or her record during the current school year and has not entered into and participated in a plan of behavior pursuant to subsection 5, the pupil will be deemed a habitual disciplinary problem;
(c) An explanation that, pursuant to subsection [3] 5 of NRS 392.466, a pupil who is deemed a habitual disciplinary problem may be:
(1) Suspended from school for a period not to exceed one school semester as determined by the seriousness of the acts which were the basis for the discipline; or
(2) Expelled from school under extraordinary circumstances as determined by the principal of the school;
(d) If the pupil has a disability and is participating in a program of special education pursuant to NRS 388.419, an explanation of the effect of subsection [8] 10 of NRS 392.466, including, without limitation, that if it is determined in accordance with 20 U.S.C. § 1415 that the pupils behavior is not a manifestation of the pupils disability, he or she may be suspended or expelled from school in the same manner as a pupil without a disability; and
(e) A summary of the provisions of subsection 5.
4. A school shall provide the notice required by subsection 3 for each suspension on the record of a pupil during a school year. Such notice must be provided at least 7 days before the school deems the pupil a habitual disciplinary problem.
5. If a pupil is suspended, the school in which the pupil is enrolled [may] shall develop, in consultation with the pupil and the parent or legal guardian of the pupil, a plan of behavior for the pupil. The parent or legal guardian of the pupil may choose for the pupil not to participate in the plan of behavior. If the parent or legal guardian of the pupil chooses for the pupil not to participate, the school shall inform the parent or legal guardian of the consequences of not participating in the plan of behavior. Such a plan must be designed to prevent the pupil from being deemed a habitual disciplinary problem and may include, without limitation:
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(a) A plan for graduating if the pupil is deficient in credits and not likely to graduate according to schedule.
(b) Information regarding schools with a mission to serve pupils who have been:
(1) Expelled or suspended from a public school, including, without limitation, a charter school; or
(2) Deemed to be a habitual disciplinary problem pursuant to this section.
(c) A voluntary agreement by the parent or legal guardian to attend school with his or her child.
(d) A voluntary agreement by the pupil and the pupils parent or legal guardian to attend counseling, programs or services available in the school district or community.
(e) A voluntary agreement by the pupil and the pupils parent or legal guardian that the pupil will attend summer school, intersession school or school on Saturday, if any of those alternatives are offered by the school district.
6. If a pupil commits the same act for which notice was provided pursuant to subsection 3 after he or she enters into a plan of behavior pursuant to subsection 5, the pupil shall be deemed to have not successfully completed the plan of behavior and may be deemed a habitual disciplinary problem.
7. A pupil may, pursuant to the provisions of this section, enter into one plan of behavior per school year.
8. The parent or legal guardian of a pupil who has entered into a plan of behavior with a school pursuant to this section may appeal to the board of trustees of the school district a determination made by the school concerning the contents of the plan of behavior or action taken by the school pursuant to the plan of behavior. Upon receipt of such a request, the board of trustees of the school district shall review the determination in accordance with the procedure established by the board of trustees for such matters.
Sec. 7. NRS 392.466 is hereby amended to read as follows:
392.466 1. Except as otherwise provided in this section, any pupil who commits a battery which results in the bodily injury of an employee of the school or who sells or distributes any controlled substance while on the premises of any public school, at an activity sponsored by a public school or on any school bus [must, for the first occurrence, be suspended or expelled from that school, although the pupil may be placed in another kind of school, for at least a period equal to one semester for that school. For a second occurrence, the pupil must be permanently expelled from that school and:] and who is at least 11 years of age shall meet with the school and his or her parent or legal guardian. The school shall provide a plan of action based on restorative justice to the parent or legal guardian of the pupil. The pupil may be expelled from the school, in which case the pupil shall:
(a) Enroll in a private school pursuant to chapter 394 of NRS, become an opt-in child or be homeschooled; or
(b) Enroll in a program of independent study provided pursuant to NRS 389.155 for pupils who have been suspended or expelled from public school or a program of distance education provided pursuant to NRS 388.820 to 388.874, inclusive, if the pupil qualifies for enrollment and is accepted for enrollment in accordance with the requirements of the applicable program.
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2. An employee who is a victim of a battery which results in the bodily injury of an employee of the school may appeal to the school the plan of action provided pursuant to subsection 1 if:
(a) The employee feels any actions taken pursuant to such plan are inappropriate; and
(b) For a pupil who committed the battery and is participating in a program of special education pursuant to NRS 388.419, the board of trustees of the school district has reviewed the circumstances and determined that such an appeal is in compliance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq.
3. Except as otherwise provided in this section, any pupil who is found in possession of a firearm or a dangerous weapon while on the premises of any public school, at an activity sponsored by a public school or on any school bus must, for the first occurrence, be expelled from the school for a period of not less than 1 year, although the pupil may be placed in another kind of school for a period not to exceed the period of the expulsion. For a second occurrence, the pupil must be permanently expelled from the school and:
(a) Enroll in a private school pursuant to chapter 394 of NRS, become an opt-in child or be homeschooled; or
(b) Enroll in a program of independent study provided pursuant to NRS 389.155 for pupils who have been suspended or expelled from public school or a program of distance education provided pursuant to NRS 388.820 to 388.874, inclusive, if the pupil qualifies for enrollment and is accepted for enrollment in accordance with the requirements of the applicable program.
[3.] 4. If a school is unable to retain a pupil in the school pursuant to subsection 1 for the safety of any person or because doing so would not be in the best interest of the pupil, the pupil may be suspended, expelled or placed in another school. If a pupil is placed in another school, the current school of the pupil shall explain what services will be provided to the pupil at the new school that the current school is unable to provide to address the specific needs and behaviors of the pupil. The school district of the current school of the pupil shall coordinate with the new school or the board of trustees of the school district of the new school to create a plan of action based on restorative justice for the pupil and to ensure that any resources required to execute the plan of action based on restorative justice are available at the new school.
5. Except as otherwise provided in this section, if a pupil is deemed a habitual disciplinary problem pursuant to NRS 392.4655, the pupil is at least 11 years of age and the school has made a reasonable effort to complete a plan of action based on restorative justice with the pupil, the pupil may be:
(a) Suspended from the school for a period not to exceed one school semester as determined by the seriousness of the acts which were the basis for the discipline; or
(b) Expelled from the school under extraordinary circumstances as determined by the principal of the school.
[4.] 6. If the pupil is expelled, or the period of the pupils suspension is for one school semester, the pupil must:
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(a) Enroll in a private school pursuant to chapter 394 of NRS, become an opt-in child or be homeschooled; or
(b) Enroll in a program of independent study provided pursuant to NRS 389.155 for pupils who have been suspended or expelled from public school or a program of distance education provided pursuant to NRS 388.820 to 388.874, inclusive, if the pupil qualifies for enrollment and is accepted for enrollment in accordance with the requirements of the applicable program.
[5.] 7. The superintendent of schools of a school district may, for good cause shown in a particular case in that school district, allow a modification to [the] a suspension or expulsion [requirement, as applicable, of subsection 1, 2 or 3] pursuant to subsections 1 to 5, inclusive, if such modification is set forth in writing. The superintendent shall allow such a modification if the superintendent determines that a plan of action based on restorative justice may be used successfully.
[6.] 8. This section does not prohibit a pupil from having in his or her possession a knife or firearm with the approval of the principal of the school. A principal may grant such approval only in accordance with the policies or regulations adopted by the board of trustees of the school district.
[7. Any pupil in grades 1 to 6, inclusive, except a pupil who has been found to have possessed a firearm in violation of subsection 2,]
9. Except as otherwise provided in this section, a pupil who is not more than 10 years of age must not be permanently expelled from school. In extraordinary circumstances, a school may request an exception to this subsection from the board of trustees of the school district. A pupil who is at least 11 years of age may be suspended from school or permanently expelled from school pursuant to this section only after the board of trustees of the school district has reviewed the circumstances and approved this action in accordance with the procedural policy adopted by the board for such issues.
[8.] 10. A pupil who is at least 11 years of age and who is participating in a program of special education pursuant to NRS 388.419 [, other than a pupil who receives early intervening services,] may, in accordance with the procedural policy adopted by the board of trustees of the school district for such matters [,] and only after the board of trustees of the school district has reviewed the circumstances and determined that the action is in compliance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., be:
(a) Suspended from school pursuant to this section for not more than [10] 5 days. Such a suspension may be imposed pursuant to this paragraph for each occurrence of conduct proscribed by subsection 1.
(b) [Suspended from school for more than 10 days or permanently] Permanently expelled from school pursuant to this section . [only after the board of trustees of the school district has reviewed the circumstances and determined that the action is in compliance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq.
9.] 11. As used in this section:
(a) Battery has the meaning ascribed to it in paragraph (a) of subsection 1 of NRS 200.481.
(b) Dangerous weapon includes, without limitation, a blackjack, slungshot, billy, sand-club, sandbag, metal knuckles, dirk or dagger, a nunchaku or trefoil, as defined in NRS 202.350, a butterfly knife or any other knife described in NRS 202.350, a switchblade knife as defined in NRS 202.265, or any other object which is used, or threatened to be used, in such a manner and under such circumstances as to pose a threat of, or cause, bodily injury to a person.
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NRS 202.265, or any other object which is used, or threatened to be used, in such a manner and under such circumstances as to pose a threat of, or cause, bodily injury to a person.
(c) Firearm includes, without limitation, any pistol, revolver, shotgun, explosive substance or device, and any other item included within the definition of a firearm in 18 U.S.C. § 921, as that section existed on July 1, 1995.
(d) Restorative justice has the meaning ascribed to it in subsection 6 of section 3.3 of this act.
[10.] 12. The provisions of this section do not prohibit a pupil who is suspended or expelled from enrolling in a charter school that is designed exclusively for the enrollment of pupils with disciplinary problems if the pupil is accepted for enrollment by the charter school pursuant to NRS 388A.453 or 388A.456. Upon request, the governing body of a charter school must be provided with access to the records of the pupil relating to the pupils suspension or expulsion in accordance with applicable federal and state law before the governing body makes a decision concerning the enrollment of the pupil.
Sec. 8. NRS 392.467 is hereby amended to read as follows:
392.467 1. Except as otherwise provided in subsections [4] 5 and [,] 6 and NRS 392.466, the board of trustees of a school district may authorize the suspension or expulsion of any pupil who is at least 11 years of age from any public school within the school district. Except as otherwise provided in NRS 392.466, a pupil who is not more than 10 years of age must not be permanently expelled from school.
2. Except as otherwise provided in subsection [5,] 6, no pupil may be suspended or expelled until the pupil has been given notice of the charges against him or her, an explanation of the evidence and an opportunity for a hearing, except that a pupil who [poses a continuing danger to persons or property or an ongoing threat of disrupting the academic process or who is selling or distributing any controlled substance or] is found to be in possession of a firearm or a dangerous weapon as provided in NRS 392.466 may be removed from the school immediately upon being given an explanation of the reasons for his or her removal and pending proceedings, to be conducted as soon as practicable after removal, for the pupils suspension or expulsion.
3. The board of trustees of a school district may authorize the expulsion, suspension or removal of a pupil who has been charged with a crime from the school at which the pupil is enrolled regardless of the outcome of any criminal or delinquency proceedings brought against the pupil only if the school:
(a) Conducts an independent investigation of the conduct of the pupil; and
(b) Gives notice of the charges brought against the pupil by the school to the pupil.
4. The provisions of chapter 241 of NRS do not apply to any hearing conducted pursuant to this section. Such hearings must be closed to the public.
[4.] 5. The board of trustees of a school district shall not authorize the expulsion, suspension or removal of any pupil from the public school system solely for offenses related to attendance or because the pupil is declared a truant or habitual truant in accordance with NRS 392.130 or 392.140.
κ2019 Statutes of Nevada, Page 3579 (CHAPTER 559, AB 168)κ
[5.] 6. A pupil who is participating in a program of special education pursuant to NRS 388.419, other than a pupil who receives early intervening services, may, in accordance with the procedural policy adopted by the board of trustees of the school district for such matters [,] and only after the board of trustees of the school district has reviewed the circumstances and determined that the action is in compliance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., be:
(a) Suspended from school pursuant to this section for not more than [10] 5 days [.] for each occurrence.
(b) [Suspended from school for more than 10 days or permanently] Permanently expelled from school pursuant to this section . [only after the board of trustees of the school district has reviewed the circumstances and determined that the action is in compliance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq.]
Sec. 9. This act becomes effective on July 1, 2019.
________
Senate Bill No. 77Committee on Health and Human Services
CHAPTER 560
[Approved: June 12, 2019]
AN ACT relating to hospitals; revising provisions governing purchasing by a county hospital and a hospital in a county hospital district; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes a county hospital or a hospital in a county hospital district to purchase supplies, materials and equipment through the purchasing contracts of the company that manages the hospital, if applicable, or through a purchasing group in which the hospital is a member without complying with the competitive bidding requirements in the Local Government Purchasing Act if: (1) the prices for the supplies, materials or equipment were obtained through a process of competitive bidding; and (2) the governing body of the county hospital or the board of trustees of the hospital district, as applicable, determines that the purchase price is lower than the lowest price that could be attained through the competitive bidding process set forth in the Local Government Purchasing Act. (NRS 450.191, 450.525, 450.530, 450.720, 450.725, 450.730)
With certain exceptions, this bill includes services in the types of purchases that a county hospital or district hospital is authorized to make through the purchasing contracts of the company that runs the hospital, if applicable, or through a purchasing group without complying with the competitive bidding requirements in the Local Government Purchasing Act.
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 450.008 is hereby amended to read as follows:
450.008 Purchasing group means a cooperative organization of hospitals and other health care organizations that affiliate for the purpose of combining their purchasing power to secure a lower cost for their purchases of supplies, materials , [and] equipment and services than would be available to the members of the purchasing group individually.
κ2019 Statutes of Nevada, Page 3580 (CHAPTER 560, SB 77)κ
combining their purchasing power to secure a lower cost for their purchases of supplies, materials , [and] equipment and services than would be available to the members of the purchasing group individually.
Sec. 2. NRS 450.191 is hereby amended to read as follows:
450.191 1. The governing body of a county hospital may contract with a company which manages hospitals for the rendering of management services in a county hospital under the ultimate authority of the governing body.
2. The agreement may provide:
(a) That the administrator of the hospital must be an employee of the company which manages the hospital; and
(b) [That] Except as otherwise provided in this paragraph, that the hospital may, in accordance with the requirements of NRS 450.530, purchase supplies, materials , [and] equipment and services through the purchasing contracts of the company which manages the hospital, or through a purchasing group, without complying with the requirements for competitive bidding set forth in chapter 332 of NRS. The hospital may not purchase services or otherwise enter into an agreement pursuant to this paragraph for:
(1) The hiring of temporary or permanent staff through a vendor or employment agency to perform any medical or nursing care.
(2) Any work for which a contractors license issued pursuant to chapter 624 of NRS is required.
Κ The provisions of this paragraph do not prohibit the hospital from purchasing specialty equipment which requires installation services that must be performed by a person who holds a contractors license issued pursuant to chapter 624 of NRS and which are specific to a particular project and are not commonly used in public works projects.
Sec. 3. NRS 450.525 is hereby amended to read as follows:
450.525 1. A county hospital may, with the approval of the governing body of the hospital, become a member of a purchasing group for the purpose of purchasing supplies, materials , [and] equipment and services used by the county hospital.
2. [A] Except as otherwise provided in this subsection, a county hospital that becomes a member of a purchasing group may, in accordance with the requirements of NRS 450.530, purchase supplies, materials , [and] equipment and services through the purchasing group without complying with the requirements for competitive bidding set forth in chapter 332 of NRS. A county hospital may not purchase services or otherwise enter into an agreement pursuant to this subsection for:
(a) The hiring of temporary or permanent staff through a vendor or employment agency to perform any medical or nursing care.
(b) Any work for which a contractors license issued pursuant to chapter 624 of NRS is required.
Κ The provisions of this subsection do not prohibit a county hospital from purchasing specialty equipment which requires installation services that must be performed by a person who holds a contractors license issued pursuant to chapter 624 of NRS and which are specific to a particular project and are not commonly used in public works projects.
Sec. 4. NRS 450.530 is hereby amended to read as follows:
450.530 A county hospital that is authorized pursuant to NRS 450.191 or 450.525 to purchase supplies, materials , [and] equipment and services in accordance with this section through the purchasing contracts of the company that manages the hospital or through a purchasing group may purchase the supplies, materials , [and] equipment and services without complying with the requirements for competitive bidding set forth in chapter 332 of NRS if:
κ2019 Statutes of Nevada, Page 3581 (CHAPTER 560, SB 77)κ
accordance with this section through the purchasing contracts of the company that manages the hospital or through a purchasing group may purchase the supplies, materials , [and] equipment and services without complying with the requirements for competitive bidding set forth in chapter 332 of NRS if:
1. The documents pertaining to the proposed purchase, including, without limitation, the prices available to the company or purchasing group, are summarized in writing and, together with a sworn statement by an officer or agent of the company or purchasing group that the prices were obtained by the company or purchasing group through a process of competitive bidding, are presented to the governing body of the county hospital at its next regularly scheduled meeting; and
2. The governing body, after reviewing the summary and statement, finds that the proposed purchase will be made at a lower price than the lowest price reasonably obtainable by the hospital through competitive bidding pursuant to chapter 332 of NRS or available to the hospital pursuant to NRS 333.470 and approves the proposed purchase.
Sec. 5. NRS 450.720 is hereby amended to read as follows:
450.720 1. The board of trustees may contract with a company which manages hospitals for the rendering of management services in a district hospital.
2. The agreement may provide:
(a) That the chief executive officer of the hospital must be an employee of the company which manages the hospital; and
(b) [That] Except as otherwise provided in this paragraph, that the hospital may, in accordance with the requirements of NRS 450.730, purchase supplies, materials , [and] equipment and services through the purchasing contracts of the company which manages the hospital, or through a purchasing group, without complying with the requirements for competitive bidding set forth in chapter 332 of NRS. The hospital may not purchase services or otherwise enter into an agreement pursuant to this paragraph for:
(1) The hiring of temporary or permanent staff through a vendor or employment agency to perform any medical or nursing care.
(2) Any work for which a contractors license issued pursuant to chapter 624 of NRS is required.
Κ The provisions of this paragraph do not prohibit the hospital from purchasing specialty equipment which requires installation services that must be performed by a person who holds a contractors license issued pursuant to chapter 624 of NRS and which are specific to a particular project and are not commonly used in public works projects.
Sec. 6. NRS 450.725 is hereby amended to read as follows:
450.725 1. A district hospital may, with the approval of the board of trustees, become a member of a purchasing group for the purpose of purchasing supplies, materials , [and] equipment and services used by the district hospital.
2. [A] Except as otherwise provided in this subsection, a district hospital that becomes a member of a purchasing group may, in accordance with the requirements of NRS 450.730, purchase supplies, materials , [and]
κ2019 Statutes of Nevada, Page 3582 (CHAPTER 560, SB 77)κ
equipment and services through the purchasing group without complying with the requirements for competitive bidding set forth in chapter 332 of NRS. A district hospital may not purchase services or otherwise enter into an agreement pursuant to this subsection for:
(a) The hiring of temporary or permanent staff through a vendor or employment agency to perform any medical or nursing care.
(b) Any work for which a contractors license issued pursuant to chapter 624 of NRS is required.
Κ The provisions of this subsection do not prohibit a district hospital from purchasing specialty equipment which requires installation services that must be performed by a person who holds a contractors license issued pursuant to chapter 624 of NRS and which are specific to a particular project and are not commonly used in public works projects.
Sec. 7. NRS 450.730 is hereby amended to read as follows:
450.730 A district hospital that is authorized pursuant to NRS 450.720 or 450.725 to purchase supplies, materials , [and] equipment and services in accordance with this section through the purchasing contracts of the company that manages the hospital or through a purchasing group may purchase the supplies, materials , [and] equipment and services without complying with the requirements for competitive bidding set forth in chapter 332 of NRS if:
1. The documents pertaining to the proposed purchase, including, without limitation, the prices available to the company or purchasing group, are summarized in writing and, together with a sworn statement by an officer or agent of the company or purchasing group that the prices were obtained by the company or purchasing group through a process of competitive bidding, are presented to the board of trustees at its next regularly scheduled meeting; and
2. The board of trustees, after reviewing the summary and statement, finds that the proposed purchase will be made at a lower price than the lowest price reasonably obtainable by the hospital through competitive bidding pursuant to chapter 332 of NRS or available to the hospital pursuant to NRS 333.470 and approves the proposed purchase.
Sec. 8. This act becomes effective upon passage and approval.
________
κ2019 Statutes of Nevada, Page 3583κ
Senate Bill No. 98Committee on Commerce and Labor
CHAPTER 561
[Approved: June 12, 2019]
AN ACT relating to homeopathic medicine; changing the name of the Board of Homeopathic Medical Examiners to the Nevada Board of Homeopathic Medical Examiners; revising the membership of the Board; revising the powers of the President of the Board; revising the fees relating to licensure and certification by the Board; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, the Board of Homeopathic Medical Examiners is charged with regulating the practice of homeopathic medicine in this State. (NRS 630A.155) Section 2 of this bill changes the name of the Board to the Nevada Board of Homeopathic Medical Examiners. Section 2 also reduces the number of members of the Board by one member for a total of six members. Section 3 of this bill requires that one member of the Board be an advanced practitioner of homeopathy. Section 1 of this bill makes conforming changes.
Existing law requires the Board to elect officers from among its membership, including a President. (NRS 630A.140) Section 4 of this bill restricts voting by the President to only in the case of a tie. Section 6 of this bill makes conforming changes.
Under existing law, applicants and licensees are required to pay certain fees related to licensure or certification by the Board. (NRS 630A.330) Section 5 of this bill increases those fees and specifies separate maximum renewal fees for physicians, advanced practitioners of homeopathy and homeopathic assistants.
Section 7 of this bill expires the terms of the current members of the Board of Homeopathic Medical Examiners on June 30, 2019, and requires the Governor to appoint six new members to the Nevada Board of Homeopathic Medical Examiners as soon as practicable after July 1, 2019.
Existing law requires the Sunset Subcommittee of the Legislative Commission to review certain boards and commissions in this State to determine whether the board or commission should be terminated, modified, consolidated or continued. (NRS 232B.210-232B.250) Section 8 of this bill requires the Nevada Board of Homeopathic Medical Examiners to report to the Sunset Subcommittee at the first and last meetings of the Sunset Subcommittee during the 2019-2021 biennium.
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 630A.020 is hereby amended to read as follows:
630A.020 Board means the Nevada Board of Homeopathic Medical Examiners.
Sec. 2. NRS 630A.100 is hereby amended to read as follows:
630A.100 The Nevada Board of Homeopathic Medical Examiners consists of [seven] six members appointed by the Governor. After the initial terms, the term of office of each member is 4 years.
Sec. 3. NRS 630A.110 is hereby amended to read as follows:
630A.110 1. [Three] Two members of the Board must be persons who are licensed to practice allopathic or osteopathic medicine in any state or country, the District of Columbia or a territory or possession of the United States, have been engaged in the practice of homeopathic medicine in this State for a period of more than 2 years preceding their respective appointments, are actually engaged in the practice of homeopathic medicine in this State and are residents of this State.
κ2019 Statutes of Nevada, Page 3584 (CHAPTER 561, SB 98)κ
States, have been engaged in the practice of homeopathic medicine in this State for a period of more than 2 years preceding their respective appointments, are actually engaged in the practice of homeopathic medicine in this State and are residents of this State.
2. One member of the Board must be an advanced practitioner of homeopathy who holds a valid certificate granted by the Board pursuant to NRS 630A.293.
3. One member of the Board must be a person who has resided in this State for at least 3 years and 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.
[3.] 4. The remaining [three] two members of the Board must be persons who:
(a) Are not licensed in any state to practice any healing art;
(b) Are not the spouse or the parent or child, by blood, marriage or adoption, of a person licensed in any state to practice any healing art;
(c) Are not actively engaged in the administration of any medical facility or facility for the dependent as defined in chapter 449 of NRS;
(d) Do not have a pecuniary interest in any matter pertaining to such a facility, except as a patient or potential patient; and
(e) Have resided in this State for at least 3 years.
[4.] 5. The members of the Board must be selected without regard to their individual political beliefs.
[5.] 6. As used in this section, healing art means any system, treatment, operation, diagnosis, prescription or practice for the ascertainment, cure, relief, palliation, adjustment or correction of any human disease, ailment, deformity, injury, or unhealthy or abnormal physical or mental condition for the practice of which long periods of specialized education and training and a degree of specialized knowledge of an intellectual as well as physical nature are required.
Sec. 4. NRS 630A.150 is hereby amended to read as follows:
630A.150 1. The Board shall meet at least twice annually and may meet at other times on the call of the President or a majority of its members.
2. A majority of the Board constitutes a quorum to transact all business.
3. The President may vote only in case of a tie.
Sec. 5. NRS 630A.330 is hereby amended to read as follows:
630A.330 1. Except as otherwise provided in subsection 6, each applicant for a license to practice homeopathic medicine must:
(a) Pay a fee of [$500;] $800; and
(b) Pay the cost of obtaining such further evidence and proof of qualifications as the Board may require pursuant to subsection 2 of NRS 630A.240.
2. Each applicant for a certificate as an advanced practitioner of homeopathy must:
(a) Pay a fee of [$300;] $500; and
(b) Pay the cost of obtaining such further evidence and proof of qualifications as the Board may require pursuant to NRS 630A.295.
3. Each applicant for a certificate as a homeopathic assistant must pay a fee of [$150.] $300.
4. Each applicant for a license or certificate who fails an examination and who is permitted to be reexamined must pay a fee not to exceed [$400] $600 for each reexamination.
κ2019 Statutes of Nevada, Page 3585 (CHAPTER 561, SB 98)κ
5. If an applicant for a license or certificate does not appear for examination, for any reason deemed sufficient by the Board, the Board may, upon request, refund a portion of the application fee not to exceed 50 percent of the fee. There must be no refund of the application fee if an applicant appears for examination.
6. Each applicant for a license issued under the provisions of NRS 630A.310 or 630A.320 must pay a fee not to exceed [$150,] $400, as determined by the Board, and must pay a fee of [$100] $250 for each renewal of the license.
7. The fee for the renewal of a license or certificate, as determined by the Board, must be collected for the year in which a physician, advanced practitioner of homeopathy or homeopathic assistant is licensed or certified and must not exceed [$600 per year and must be collected for the year in which] :
(a) For a physician, $2,000 per year.
(b) For an advanced practitioner of homeopathy [or] , $1,500 per year.
(c) For a homeopathic assistant [is licensed or certified.] , $1,000 per year.
8. The fee for the restoration of a suspended license or certificate is twice the amount of the fee for the renewal of a license or certificate at the time of the restoration of the license or certificate.
Sec. 6. NRS 630A.510 is hereby amended to read as follows:
630A.510 1. [Any] Except as otherwise provided in NRS 630A.150, any member of the Board who was not a member of the investigative committee, if one was appointed, may participate in the final order of the Board. If the Board, after notice and a hearing as required by law, determines that a violation of the provisions of this chapter or the regulations adopted by the Board has occurred, it shall issue and serve on the person charged an order, in writing, containing its findings and any sanctions imposed by the Board. If the Board determines that no violation has occurred, it shall dismiss the charges, in writing, and notify the person that the charges have been dismissed.
2. If the Board finds that a violation has occurred, it may by order:
(a) Place the person on probation for a specified period on any of the conditions specified in the order.
(b) Administer to the person a public reprimand.
(c) Limit the practice of the person or exclude a method of treatment from the scope of his or her practice.
(d) Suspend the license or certificate of the person for a specified period or until further order of the Board.
(e) Revoke the persons license to practice homeopathic medicine or certificate to practice as an advanced practitioner of homeopathy or as a homeopathic assistant.
(f) Require the person to participate in a program to correct a dependence upon alcohol or a controlled substance, or any other impairment.
(g) Require supervision of the persons practice.
(h) Impose an administrative fine not to exceed $10,000.
(i) Require the person to perform community service without compensation.
(j) Require the person to take a physical or mental examination or an examination of his or her competence to practice homeopathic medicine or to practice as an advanced practitioner of homeopathy or as a homeopathic assistant, as applicable.
(k) Require the person to fulfill certain training or educational requirements.
κ2019 Statutes of Nevada, Page 3586 (CHAPTER 561, SB 98)κ
3. The Board shall not administer a private reprimand.
4. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.
Sec. 7. 1. The terms of the current members of the Board of Homeopathic Medical Examiners expire on June 30, 2019.
2. As soon as practicable after July 1, 2019, the Governor shall appoint to the Nevada Board of Homeopathic Medical Examiners created pursuant to NRS 630A.100, as amended by section 2 of this act:
(a) Three members to serve initial terms that expire on June 30, 2021.
(b) Three members to serve initial terms that expire on June 30, 2023.
Sec. 8. The Nevada Board of Homeopathic Medical Examiners created pursuant to NRS 630A.100, as amended by section 2 of this act, shall report on its progress in improving the functioning of the Board and its performance of its duties in compliance with the applicable statutes to the Sunset Subcommittee of the Legislative Commission at the first and last meetings of the Sunset Subcommittee during the 2019-2021 biennium.
Sec. 9. 1. Any administrative regulations adopted by an officer, agency or other entity whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer, agency or other entity remain in force until amended by the officer, agency or other entity to which the responsibility for the adoption of the regulations has been transferred.
2. Any contracts or other agreements entered into by an officer, agency or other entity whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer, agency or other entity are binding upon the officer, agency or other entity to which the responsibility for the administration of the provisions of the contract or other agreement have been transferred. Such contracts and other agreements may be enforced by the officer, agency or other entity to which the responsibility for the enforcement of the provisions of the contract or other agreement has been transferred.
3. Any action taken by an officer, agency or other entity whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer, agency or entity remains in effect as if taken by the officer, agency or other entity to which the responsibility for the enforcement of such actions has been transferred.
Sec. 10. The Legislative Counsel shall:
1. In preparing the Nevada Revised Statutes, use the authority set forth in subsection 10 of NRS 220.120 to substitute appropriately the name of any agency or officer of the State whose name is changed by this act for the name for which the agency or officer previously used; and
2. In preparing supplements to the Nevada Administrative Code, appropriately change any references to an officer, agency or other entity whose name is changed or whose responsibilities are transferred pursuant to the provisions of this act to refer to the appropriate officer, agency or other entity.
Sec. 11. 1. This section and section 7 of this act become effective upon passage and approval.
2. Sections 1 to 6, inclusive, 8, 9 and 10 of this act become effective on July 1, 2019.
________
κ2019 Statutes of Nevada, Page 3587κ
Senate Bill No. 263Senators Ratti, Seevers Gansert, Dondero Loop and Parks
CHAPTER 562
[Approved: June 12, 2019]
AN ACT relating to public health; requiring that certain vapor products and alternative nicotine products be taxed and regulated as other tobacco products; revising provisions related to the areas in which smoking is prohibited; revising provisions pertaining to the sale or distribution of cigarettes, cigarette paper, tobacco, products made or derived from tobacco, vapor products and alternative nicotine products to persons under the age of 18 years; providing penalties; making appropriations; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes the Department of Taxation to regulate and collect a tax on cigarettes and other tobacco products. (Chapter 370 of NRS) Sections 1.7 and 2 of this bill provide that certain alternative nicotine products and vapor products, including electronic cigarettes, cigars, cigarillos, pipes, hookahs, vape pens and similar products or devices and their components, are regulated and taxed as other tobacco products. Because this bill regulates and taxes such vapor products as other tobacco products, wholesale and retail dealers of those vapor products would be required to obtain a license from the Department and wholesale dealers of those vapor products would be required to pay a tax of 30 percent of the wholesale price of those products. (NRS 370.445, 370.450)
The Nevada Clean Indoor Air Act was proposed by an initiative petition and approved by the voters at the 2006 General Election. The Act generally prohibits smoking tobacco within indoor places of employment, within school buildings and on school property, but allows smoking tobacco in certain areas or establishments. (NRS 202.2483) Section 7.1 of this bill defines smoking and expressly applies the Nevada Clean Indoor Air Act to the use of an electronic smoking device.
Existing law prohibits a person from selling, distributing or offering to sell cigarettes, cigarette paper, tobacco of any description, products made or derived from tobacco, vapor products or alternative nicotine products to any person under the age of 18 years. (NRS 202.2493) For the purposes of this prohibition, existing law defines vapor products to include only products containing nicotine that produce a vapor from nicotine in a solution or other form. (NRS 202.2485) Section 7.3 of this bill extends this definition to include products containing other substances, the use or inhalation of which simulates smoking, and certain associated devices and components.
Under existing law, a person who sells, distributes or offers to sell cigarettes, cigarette paper, tobacco of any description, products made or derived from tobacco, vapor products or alternative nicotine products to a person under the age of 18 years is punished by a criminal fine of not more than $500 and a civil penalty of not more than $500. (NRS 202.2493) Sections 1 and 7.5 of this bill: (1) remove the criminal penalties for violating this prohibition and, instead, authorize the Department to impose a civil penalty on a person who sells, distributes or offers to sell cigarettes, cigarette paper, tobacco of any description, products made or derived from tobacco, vapor products and alternative nicotine products to a person under the age of 18 years; (2) revise the amount of such civil penalties; (3) authorize the imposition of penalties on a licensee whose employee or agent violates this prohibition; and (4) establish the procedure for the issuance of a notice of infraction to a person who violates this prohibition and the requesting of a hearing before the Department.
κ2019 Statutes of Nevada, Page 3588 (CHAPTER 562, SB 263)κ
Sections 1.3, 7.4 and 7.9 make conforming changes related to the removal of criminal penalties and the authorization for the Department to impose civil penalties.
Existing law prohibits a person from knowingly selling or distributing cigarettes, cigarette paper, tobacco of any description or products made or derived from tobacco to a child under the age of 18 years through the use of the Internet. Existing law further requires a person who sells or distributes such products through the use of the Internet to adopt a policy to prevent a child under the age of 18 years from obtaining such products from the person through the use of the Internet, which policy is required to include: (1) a method to ensure that the person who delivers the products to obtain the signature of a person who is over the age of 18 years; (2) a requirement that the packaging or wrapping of the items when they are shipped is clearly marked with the words cigarettes or the words tobacco products; and (3) a requirement to comply with certain federal law relating to the remote sale of cigarettes and certain tobacco products. (NRS 202.24935) Section 7.7 of this bill removes the requirement for such a policy. Instead, section 7.7 requires a person who sells or distributes cigarettes, cigarette paper, tobacco of any description, products made or derived from tobacco, vapor products or alternative nicotine products through a computer network, telephonic network or other electronic network to: (1) ensure that the packaging in which the items are shipped is labeled cigarettes or tobacco products; and (2) use certain age verification procedures.
Section 14.5 of this bill makes an appropriation to the Department of Health and Human Services for programs to control and prevent the use of tobacco in the amount of $2.5 million for Fiscal Year 2019-2020 and $2.5 million for Fiscal Year 2020-2021. Section 14.7 of this bill makes an appropriation to the Department of Taxation to carry out the duties imposed by this bill on the Department of Taxation.
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 370 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsections 2 and 3, a person shall not sell, distribute or offer to sell cigarettes, cigarette paper or other tobacco products to any child under the age of 18 years.
2. A person shall be deemed to be in compliance with the provisions of subsection 1 if, before the person sells, distributes or offers to sell to another, cigarettes, cigarette paper or other tobacco products, the person:
(a) Demands that the other person present a valid drivers license, permanent resident card, tribal identification card or other written or documentary evidence which shows that the other person is 18 years of age or older;
(b) Is presented a valid drivers license, permanent resident card, tribal identification card or other written or documentary evidence which shows that the other person is 18 years of age or older; and
(c) Reasonably relies upon the drivers license, permanent resident card, tribal identification card or other written or documentary evidence presented by the other person.
3. The employer of a child who is under 18 years of age may, for the purpose of allowing the child to handle or transport cigarettes, cigarette paper or other tobacco products, in the course of the childs lawful employment, provide cigarettes, cigarette paper or other tobacco products to the child.
4. A person who violates this section is liable for a civil penalty of:
κ2019 Statutes of Nevada, Page 3589 (CHAPTER 562, SB 263)κ
(a) For the first violation within a 24-month period, $100.
(b) For the second violation within a 24-month period, $250.
(c) For the third and any subsequent violation within a 24-month period, $500.
5. If an employee or agent of a licensee has violated this section:
(a) For the first and second violation within a 24-month period at the same premises, the licensee must be issued a warning.
(b) For the third violation within a 24-month period at the same premises, the licensee is liable for a civil penalty of $500.
(c) For the fourth violation within a 24-month period at the same premises, the licensee is liable for a civil penalty of $1,250.
(d) For the fifth and any subsequent violation within a 24-month period at the same premises, the licensee is liable for a civil penalty of $2,500.
6. A peace officer or any person performing an inspection pursuant to NRS 202.2496 may issue a notice of infraction for a violation of this section. A notice of infraction must be issued on a form prescribed by the Department and must contain:
(a) The location at which the violation occurred;
(b) The date and time of the violation;
(c) The name of the establishment at which the violation occurred;
(d) The signature of the person who issued the notice of infraction;
(e) A copy of the section which allegedly is being violated;
(f) Information advising the person to whom the notice of infraction is issued of the manner in which, and the time within which, the person must submit an answer to the notice of infraction; and
(g) Such other pertinent information as the peace officer or person performing the inspection pursuant to NRS 202.2496 determines is necessary.
7. A notice of infraction issued pursuant to subsection 6 or a facsimile thereof must be filed with the Department and retained by the Department and is deemed to be a public record of matters which are observed pursuant to a duty imposed by law and is prima facie evidence of the facts alleged in the notice.
8. A person to whom a notice of infraction is issued pursuant to subsection 6 shall respond to the notice by:
(a) Admitting the violation stated in the notice and paying to the Department the applicable civil penalty set forth in subsection 4 or 5.
(b) Denying liability for the infraction by notifying the Department and requesting a hearing in the manner indicated on the notice of infraction. Upon receipt of a request for a hearing pursuant to this paragraph, the Department shall provide the person submitting the request an opportunity for a hearing pursuant to chapter 233B of NRS.
9. Any money collected by the Department from a civil penalty pursuant to this section must be deposited in a separate account in the State General Fund to be used for the enforcement of this section and NRS 202.2493 and 202.2494.
10. As used in this section, licensee means a person who holds a license issued by the Department pursuant to this chapter.
Sec. 1.3. NRS 370.001 is hereby amended to read as follows:
370.001 As used in NRS 370.001 to 370.430, inclusive, and 370.505 to 370.530, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 370.003 to 370.055, inclusive, have the meanings ascribed to them in those sections.
κ2019 Statutes of Nevada, Page 3590 (CHAPTER 562, SB 263)κ
requires, the words and terms defined in NRS 370.003 to 370.055, inclusive, have the meanings ascribed to them in those sections.
Sec. 1.7. NRS 370.0318 is hereby amended to read as follows:
370.0318 Other tobacco product means any tobacco of any description [or] , any vapor product, any alternative nicotine product or any product made from tobacco, other than cigarettes . [, alternative nicotine products and vapor products.]
Sec. 2. NRS 370.054 is hereby amended to read as follows:
370.054 Vapor product:
1. Means any noncombustible product containing nicotine or any other substance that employs a heating element, power source, electronic circuit or other electronic, chemical or mechanical means, regardless of the shape or size thereof, that can be used to produce vapor from nicotine or any other substance in a solution or other form [.] , the use or inhalation of which simulates smoking.
2. Includes, without limitation:
(a) An electronic cigarette, cigar, cigarillo , [or] pipe , hookah, or vape pen, or a similar product or device; and
(b) [A] The components of such a product or device, whether or not sold separately, including, without limitation, vapor [cartridge] cartridges or other container of nicotine or any other substance in a solution or other form that is intended to be used with or in an electronic cigarette, cigar, cigarillo , [or] pipe , hookah, or vape pen, or a similar product or device [.] , atomizers, cartomizers, digital displays, clearomizers, tank systems, flavors, programmable software or other similar products or devices. As used in this paragraph, component means a product intended primarily or exclusively to be used with or in an electronic cigarette, cigar, cigarillo, pipe, hookah, or vape pen, or a similar product or device.
3. Does not include any product [regulated] :
(a) Regulated by the United States Food and Drug Administration pursuant to subchapter V of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. §§ 351 et seq.
(b) Subject to the excise tax on marijuana or marijuana products pursuant to NRS 372A.200 to 372A.380, inclusive.
(c) Purchased by a person who holds a current, valid registration certificate to operate a medical marijuana establishment pursuant to chapter 453A of NRS.
Secs. 3-7. (Deleted by amendment.)
Sec. 7.1. NRS 202.2483 is hereby amended to read as follows:
202.2483 1. Except as otherwise provided in subsection 3, smoking [tobacco] in any form is prohibited within indoor places of employment including, but not limited to, the following:
(a) Child care facilities;
(b) Movie theatres;
(c) Video arcades;
(d) Government buildings and public places;
(e) Malls and retail establishments;
(f) All areas of grocery stores; and
(g) All indoor areas within restaurants.
2. Without exception, smoking [tobacco] in any form is prohibited within school buildings and on school property.
3. Smoking [tobacco] is not prohibited in:
κ2019 Statutes of Nevada, Page 3591 (CHAPTER 562, SB 263)κ
(a) Areas within casinos where loitering by minors is already prohibited by state law pursuant to NRS 463.350;
(b) Completely enclosed areas with stand-alone bars, taverns and saloons in which patrons under 21 years of age are prohibited from entering;
(c) Age-restricted stand-alone bars, taverns and saloons;
(d) Strip clubs or brothels;
(e) Retail tobacco stores;
(f) The area of a convention facility in which a meeting or trade show is being held, during the time the meeting or trade show is occurring, if the meeting or trade show:
(1) Is not open to the public;
(2) Is being produced or organized by a business relating to tobacco or a professional association for convenience stores; and
(3) Involves the display of tobacco products; and
(g) Private residences, including private residences which may serve as an office workplace, except if used as a child care, an adult day care or a health care facility.
4. A supervisor on duty or employee of an age-restricted stand-alone bar, tavern or saloon or a stand-alone bar, tavern or saloon shall not allow a person who is under 21 years of age to loiter in an age-restricted stand-alone bar, tavern or saloon or an area of a stand-alone bar, tavern or saloon where smoking is allowed pursuant to this section. A person who violates the provisions of this subsection is guilty of a misdemeanor.
5. If a supervisor on duty or employee of an age-restricted stand-alone bar, tavern or saloon or a stand-alone bar, tavern or saloon violates the provisions of subsection 4, the age-restricted stand-alone bar, tavern or saloon or stand-alone bar, tavern or saloon is liable for a civil penalty of:
(a) For the first offense, $1,000.
(b) For a second or subsequent offense, $2,000.
6. In any prosecution or other proceeding for a violation of the provisions of subsection 4 or 5, it is no excuse for a supervisor, employee, age-restricted bar, tavern or saloon, or stand-alone bar, tavern or saloon alleged to have committed the violation to plead that a supervisor or employee believed that the person who was permitted to loiter was 21 years of age or older.
7. In areas or establishments where smoking is not prohibited by this section, nothing in state law shall be construed to prohibit the owners of said establishments from voluntarily creating nonsmoking sections or designating the entire establishment as smoke free.
8. Nothing in state law shall be construed to restrict local control or otherwise prohibit a county, city or town from adopting and enforcing local [tobacco] smoking control measures that meet or exceed the minimum applicable standards set forth in this section.
9. No Smoking signs or the international No Smoking symbol shall be clearly and conspicuously posted in every public place and place of employment where smoking is prohibited by this section. Each public place and place of employment where smoking is prohibited shall post, at every entrance, a conspicuous sign clearly stating that smoking is prohibited. All ashtrays and other smoking paraphernalia shall be removed from any area where smoking is prohibited.
10. Health authorities, police officers of cities or towns, sheriffs and their deputies shall, within their respective jurisdictions, enforce the provisions of this section and shall issue citations for violations of this section pursuant to NRS 202.2492 and 202.24925.
κ2019 Statutes of Nevada, Page 3592 (CHAPTER 562, SB 263)κ
provisions of this section and shall issue citations for violations of this section pursuant to NRS 202.2492 and 202.24925.
11. No person or employer shall retaliate against an employee, applicant or customer for exercising any rights afforded by, or attempts to prosecute a violation of, this section.
12. For the purposes of this section, the following terms have the following definitions:
(a) Age-restricted stand-alone bar, tavern or saloon means an establishment:
(1) Devoted primarily to the sale of alcoholic beverages to be consumed on the premises;
(2) In which food service or sales may or may not be incidental food service or sales, in the discretion of the operator of the establishment;
(3) In which patrons under 21 years of age are prohibited at all times from entering the premises; and
(4) That must be located within:
(I) A physically independent building that does not share a common entryway or indoor area with a restaurant, public place or any other indoor workplace where smoking is prohibited by this section; or
(II) A completely enclosed area of a larger structure, which may include, without limitation, a strip mall or an airport, provided that indoor windows must remain closed at all times and doors must remain closed when not actively in use.
(b) Casino means an entity that contains a building or large room devoted to gambling games or wagering on a variety of events. A casino must possess a nonrestricted gaming license as described in NRS 463.0177 and typically uses the word casino as part of its proper name.
(c) Child care facility has the meaning ascribed to it in NRS 441A.030.
(d) Completely enclosed area means an area that is enclosed on all sides by any combination of solid walls, windows or doors that extend from the floor to the ceiling.
(e) Government building means any building or office space owned or occupied by:
(1) Any component of the Nevada System of Higher Education and used for any purpose related to the System;
(2) The State of Nevada and used for any public purpose; or
(3) Any county, city, school district or other political subdivision of the State and used for any public purpose.
(f) Health authority has the meaning ascribed to it in NRS 202.2485.
(g) Incidental food service or sales means the service of prepackaged food items including, but not limited to, peanuts, popcorn, chips, pretzels or any other incidental food items that are exempt from food licensing requirements pursuant to subsection 2 of NRS 446.870.
(h) Place of employment means any enclosed area under the control of a public or private employer which employees frequent during the course of employment including, but not limited to, work areas, restrooms, hallways, employee lounges, cafeterias, conference and meeting rooms, lobbies and reception areas.
(i) Public places means any enclosed areas to which the public is invited or in which the public is permitted.
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(j) Restaurant means a business which gives or offers for sale food, with or without alcoholic beverages, to the public, guests or employees, as well as kitchens and catering facilities in which food is prepared on the premises for serving elsewhere.
(k) Retail tobacco store means a retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is merely incidental.
(l) School building means all buildings on the grounds of any public school described in NRS 388.020 and any private school as defined in NRS 394.103.
(m) School property means the grounds of any public school described in NRS 388.020 and any private school as defined in NRS 394.103.
(n) Smoking means inhaling, exhaling, burning or carrying any liquid or heated cigar, cigarette or pipe or any other lighted or heated tobacco or plant product intended for inhalation, in any manner or in any form. The term includes the use of an electronic smoking device that creates an aerosol or vapor, in any manner or in any form, and the use of any oral smoking device. As used in this paragraph, electronic smoking device:
(1) Means any product containing or delivering nicotine, a product made or derived from tobacco or any other substance intended for human consumption that can be used by a person to simulate smoking in the delivery of nicotine or any other substance through inhalation of vapor or aerosol from the product.
(2) Includes any component part of a product described in subparagraph (1), regardless of whether the component part is sold separately.
(3) Does not include any product regulated by the United States Food and Drug Administration pursuant to Subchapter V of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. §§ 352 et seq.
(o) Stand-alone bar, tavern or saloon means an establishment:
(1) Devoted primarily to the sale of alcoholic beverages to be consumed on the premises;
(2) In which food service or sales may or may not be incidental food service or sales, in the discretion of the operator of the establishment;
(3) In which smoke from such establishments does not infiltrate into areas where smoking is prohibited under the provisions of this section; and
(4) That must be housed in either:
(I) A physically independent building that does not share a common entryway or indoor area with a restaurant, public place or any other indoor workplaces where smoking is prohibited by this section; or
(II) A completely enclosed area of a larger structure, such as a strip mall or an airport, provided that indoor windows must remain shut at all times and doors must remain closed when not actively in use.
[(o)] (p) Video arcade has the meaning ascribed to it in paragraph (d) of subsection 3 of NRS 453.3345.
13. Any statute or regulation inconsistent with this section is null and void.
14. The provisions of this section are severable. If any provision of this section or the application thereof is declared by a court of competent jurisdiction to be invalid or unconstitutional, such declaration shall not affect the validity of the section as a whole or any provision thereof other than the part declared to be invalid or unconstitutional.
κ2019 Statutes of Nevada, Page 3594 (CHAPTER 562, SB 263)κ
Sec. 7.3. NRS 202.2485 is hereby amended to read as follows:
202.2485 As used in NRS 202.2485 to 202.2497, inclusive:
1. Alternative nicotine product means any noncombustible product containing nicotine that is intended for human consumption, whether chewed, absorbed, dissolved or ingested by any other means. The term does not include:
(a) A vapor product;
(b) A product made or derived from tobacco; or
(c) Any product regulated by the United States Food and Drug Administration under Subchapter V of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. §§ 351 et seq.
2. Distribute includes furnishing, giving away or providing products made or derived from tobacco or samples thereof at no cost to promote the product, whether or not in combination with a sale.
3. Health authority means the district health officer in a district, or his or her designee, or, if none, the Chief Medical Officer, or his or her designee.
4. Product made or derived from tobacco does not include any product regulated by the United States Food and Drug Administration pursuant to Subchapter V of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. §§ 351 et seq.
5. Vapor product:
(a) Means any noncombustible product containing nicotine or any other substance that employs a heating element, power source, electronic circuit or other electronic, chemical or mechanical means, regardless of the shape or size thereof, that can be used to produce vapor from nicotine or any other substance in a solution or other form [.] , the use or inhalation of which simulates smoking.
(b) Includes, without limitation:
(1) An electronic cigarette, cigar, cigarillo , [or] pipe , hookah or vape pen or a similar product or device; and
(2) [A] The components of such a product or device, whether or not sold separately, including, without limitation, vapor [cartridge] cartridges or other container of nicotine or any other substance in a solution or other form that is intended to be used with or in an electronic cigarette, cigar, cigarillo , [or] pipe , hookah, or vape pen, or a similar product or device [.] , atomizers, cartomizers, digital displays, clearomizers, tank systems, flavors, programmable software or other similar products or devices. As used in this subparagraph, component means a product or device intended primarily or exclusively to be used with or in an electronic cigarette, cigar, cigarillo, pipe, hookah, or vape pen, or a similar product or device.
(c) Does not include any product regulated by the United States Food and Drug Administration pursuant to Subchapter V of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. §§ 351 et seq.
Sec. 7.4. NRS 202.249 is hereby amended to read as follows:
202.249 1. It is the public policy of the State of Nevada and the purpose of NRS 202.2491, 202.24915 and 202.2492 to place restrictions on the smoking of tobacco in public places to protect human health and safety.
2. The quality of air is declared to be affected with the public interest and NRS 202.2491, 202.24915 and 202.2492 are enacted in the exercise of the police power of this state to protect the health, peace, safety and general welfare of its people.
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3. Health authorities, police officers of cities or towns, sheriffs and their deputies and other peace officers of this state shall, within their respective jurisdictions, enforce the provisions of NRS 202.2491, 202.24915 and 202.2492. Police officers of cities or towns, sheriffs and their deputies and other peace officers of this state shall, within their respective jurisdictions, enforce the provisions of NRS 202.2493, 202.24935 and 202.2494 [.] and section 1 of this act.
4. Except as otherwise provided in subsection 5, an agency, board, commission or political subdivision of this state, including, without limitation, any agency, board, commission or governing body of a local government, shall not impose more stringent restrictions on the smoking, use, sale, distribution, marketing, display or promotion of tobacco or products made or derived from tobacco than are provided by NRS 202.2491, 202.24915, 202.2492, 202.2493, 202.24935 and 202.2494 [.] and section 1 of this act.
5. A school district may, with respect to the property, buildings, facilities and vehicles of the school district, impose more stringent restrictions on the smoking, use, sale, distribution, marketing, display or promotion of tobacco or products made or derived from tobacco than are provided by NRS 202.2491, 202.24915, 202.2492, 202.2493, 202.24935 and 202.2494 [.] and section 1 of this act.
Sec. 7.5. NRS 202.2493 is hereby amended to read as follows:
202.2493 1. A person shall not sell, distribute or offer to sell cigarettes, any smokeless product made or derived from tobacco or any alternative nicotine product in any form other than in an unopened package which originated with the manufacturer and bears any health warning required by federal law. A person who violates this subsection shall be punished by a fine of $100 and a civil penalty of $100. As used in this subsection, smokeless product made or derived from tobacco means any product that consists of cut, ground, powdered or leaf tobacco and is intended to be placed in the oral or nasal cavity.
2. [Except as otherwise provided in subsections 3, 4 and 5, it is unlawful for any person to sell, distribute or offer to sell cigarettes, cigarette paper, tobacco of any description, products made or derived from tobacco, vapor products or alternative nicotine products to any child under the age of 18 years. A person who violates this subsection shall be punished by a fine of not more than $500 and a civil penalty of not more than $500.
3. A person shall be deemed to be in compliance with the provisions of subsection 2 if, before the person sells, distributes or offers to sell to another, cigarettes, cigarette paper, tobacco of any description, products made or derived from tobacco, vapor products or alternative nicotine products, the person:
(a) Demands that the other person present a valid drivers license, permanent resident card, tribal identification card or other written or documentary evidence which shows that the other person is 18 years of age or older;
(b) Is presented a valid drivers license, permanent resident card, tribal identification card or other written or documentary evidence which shows that the other person is 18 years of age or older; and
(c) Reasonably relies upon the drivers license, permanent resident card, tribal identification card or written or documentary evidence presented by the other person.
κ2019 Statutes of Nevada, Page 3596 (CHAPTER 562, SB 263)κ
4. The employer of a child who is under 18 years of age may, for the purpose of allowing the child to handle or transport tobacco, products made or derived from tobacco, vapor products or alternative nicotine products, in the course of the childs lawful employment, provide tobacco, products made or derived from tobacco, vapor products or alternative nicotine products to the child.
5. With respect to any sale made by an employee of a retail establishment, the owner of the retail establishment shall be deemed to be in compliance with the provisions of subsection 2 if the owner:
(a) Had no actual knowledge of the sale; and
(b) Establishes and carries out a continuing program of training for employees which is reasonably designed to prevent violations of subsection 2.
6.] The owner of a retail establishment shall, whenever any product made or derived from tobacco, vapor product or alternative nicotine product is being sold or offered for sale at the establishment, display prominently at the point of sale:
(a) A notice indicating that:
(1) The sale of cigarettes, other tobacco products, vapor products and alternative nicotine products to minors is prohibited by law; and
(2) The retailer may ask for proof of age to comply with this prohibition; and
(b) At least one sign that complies with the requirements of NRS 442.340.
Κ A person who violates this subsection shall be punished by a fine of not more than $100.
[7.] 3. It is unlawful for any retailer to sell cigarettes through the use of any type of display:
(a) Which contains cigarettes and is located in any area to which customers are allowed access; and
(b) From which cigarettes are readily accessible to a customer without the assistance of the retailer,
Κ except a vending machine used in compliance with NRS 202.2494. A person who violates this subsection shall be punished by a fine of not more than $500.
[8. Any money recovered pursuant to this section as a civil penalty must be deposited in a separate account in the State General Fund to be used for the enforcement of this section and NRS 202.2494.]
Sec. 7.7. NRS 202.24935 is hereby amended to read as follows:
202.24935 1. It is unlawful for a person to knowingly sell or distribute cigarettes, cigarette paper, tobacco of any description , [or] products made or derived from tobacco , vapor products or alternative nicotine products to a child under the age of 18 years through the use of [the Internet.] a computer network, telephonic network or other electronic network.
2. A person who violates the provisions of subsection 1 shall be punished by a fine of not more than $500 and a civil penalty of not more than $500. Any money recovered pursuant to this section as a civil penalty must be deposited in the same manner as money is deposited pursuant to subsection [8] 9 of [NRS 202.2493.] section 1 of this act.
3. Every person who sells or distributes cigarettes, cigarette paper, tobacco of any description , [or] products made or derived from tobacco, vapor products or alternative nicotine products through the use of [the Internet] a computer network, telephonic network or electronic network shall [adopt a policy to prevent a child under the age of 18 years from obtaining cigarettes, cigarette paper, tobacco of any description or products made or derived from tobacco from the person through the use of the Internet.
κ2019 Statutes of Nevada, Page 3597 (CHAPTER 562, SB 263)κ
products or alternative nicotine products through the use of [the Internet] a computer network, telephonic network or electronic network shall [adopt a policy to prevent a child under the age of 18 years from obtaining cigarettes, cigarette paper, tobacco of any description or products made or derived from tobacco from the person through the use of the Internet. The policy must include, without limitation, a method for ensuring] :
(a) Ensure that [the person who delivers such items obtains the signature of a person who is over the age of 18 years when delivering the items, that] the packaging or wrapping of the items when they are shipped is clearly marked with the word cigarettes or , if the items being shipped are not cigarettes, the words tobacco products . [, and that the person complies with the provisions of 15 U.S.C. § 376. A person who fails to adopt a policy pursuant to this subsection is guilty of a misdemeanor and shall be punished by a fine of not more than $500.]
(b) Perform an age verification through an independent, third-party age verification service that compares information available from public records to the personal information entered by the person during the ordering process that establishes that the person is over the age of 18 years and use a method of mail, shipping or delivery that requires the signature of a person over the age of 18 years before the items are released to the purchaser, unless the person:
(1) Requires the customer to:
(I) Create an online profile or account with personal information, including, without limitation, a name, address, social security number and a valid phone number, that is verified through publicly available records; or
(II) Upload a copy of a government-issued identification card that includes a photograph of the customer; and
(2) Sends the package containing the items to the name and address of the customer who ordered the items.
Sec. 7.9. NRS 202.2496 is hereby amended to read as follows:
202.2496 1. As necessary to comply with any applicable federal law, the Attorney General shall conduct random, unannounced inspections at locations where tobacco, products made or derived from tobacco, vapor products and alternative nicotine products are sold, distributed or offered for sale to inspect for and enforce compliance with NRS 202.2493 and 202.2494 [,] and section 1 of this act, as applicable. For assistance in conducting any such inspection, the Attorney General may contract with:
(a) Any sheriffs department;
(b) Any police department; or
(c) Any other person who will, in the opinion of the Attorney General, perform the inspection in a fair and impartial manner.
2. If the inspector desires to enlist the assistance of a child under the age of 18 for such an inspection, the inspector shall obtain the written consent of the childs parent for such assistance.
3. A child assisting in an inspection pursuant to this section shall, if questioned about his or her age, state his or her true age and that he or she is under 18 years of age.
4. If a child is assisting in an inspection pursuant to this section, the person supervising the inspection shall:
κ2019 Statutes of Nevada, Page 3598 (CHAPTER 562, SB 263)κ
(a) Refrain from altering or attempting to alter the childs appearance to make the child appear to be 18 years of age or older.
(b) Photograph the child immediately before the inspection is to occur and retain any photographs taken of the child pursuant to this paragraph.
5. The person supervising an inspection using the assistance of a child shall, within a reasonable time after the inspection is completed:
(a) Inform a representative of the business establishment from which the child attempted to purchase tobacco, products made or derived from tobacco, vapor products or alternative nicotine products that an inspection has been performed and the results of that inspection.
(b) Prepare a report regarding the inspection. The report must include the following information:
(1) The name of the person who supervised the inspection and that persons position;
(2) The age and date of birth of the child who assisted in the inspection;
(3) The name and position of the person from whom the child attempted to purchase tobacco, products made or derived from tobacco, vapor products or alternative nicotine products;
(4) The name and address of the establishment at which the child attempted to purchase tobacco, products made or derived from tobacco, vapor products or alternative nicotine products;
(5) The date and time of the inspection; and
(6) The result of the inspection, including whether the inspection resulted in the sale, distribution or offering for sale of tobacco, products made or derived from tobacco, vapor products or alternative nicotine products to the child.
6. No administrative, civil or criminal action based upon an alleged violation of NRS 202.2493 or 202.2494 or section 1 of this act may be brought as a result of an inspection for compliance in which the assistance of a child has been enlisted unless the inspection has been conducted in accordance with the provisions of this section.
Secs. 8-14. (Deleted by amendment.)
Sec. 14.5. 1. There is hereby appropriated from the State General Fund to the Department of Health and Human Services for programs to control and prevent the use of tobacco the following sums:
For Fiscal Year 2019-2020............................................................. $2,500,000
For Fiscal Year 2020-2021............................................................. $2,500,000
2. 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, 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 3599 (CHAPTER 562, SB 263)κ
Sec. 14.7. 1. There is hereby appropriated from the State General Fund to the Department of Taxation to carry out the duties imposed on the Department pursuant to the provisions of this act the following sums:
For Fiscal Year 2019-2020................................................................ $513,684
For Fiscal Year 2020-2021................................................................ $445,175
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 appropriation is made 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. 15. 1. This section and sections 14.5 and 14.7 of this act become effective on July 1, 2019.
2. Sections 1 to 2, inclusive, and 7.1 to 7.9, inclusive, of this act become effective 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 on January 1, 2020, for all other purposes.
________
Senate Bill No. 469Committee on Education
CHAPTER 563
[Approved: June 12, 2019]
AN ACT relating to education; clarifying that a large school district is responsible for utilities for each local school precinct; revising the number of local school precincts in a large school district that a school associate superintendent is authorized to oversee; revising provisions relating to the allocation of money by such a large school district to local school precincts to carry out the responsibilities transferred to the precincts; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law prescribes requirements for the transition and restructuring of school districts which have more than 100,000 pupils enrolled in its public schools (currently the Clark County School District) from a centralized operational model to a more decentralized and autonomous site-based operational model. (NRS 388G.500-388G.810) To accomplish this, existing law: (1) deems each public school within a large school district, other than a charter school or a university school for profoundly gifted pupils, to be a local school precinct which is operated under site-based decision-making; and (2) provides to the local school precincts the authority to carry out certain responsibilities which have traditionally been carried out by the large school district. (NRS 388G.600)
κ2019 Statutes of Nevada, Page 3600 (CHAPTER 563, SB 469)κ
Existing law: (1) requires the superintendent of schools of a large school district to transfer certain responsibilities to each local school precinct; and (2) provides that the large school district remains responsible for paying for and carrying out all other responsibilities necessary for the operation of the local school precincts. (NRS 388G.610) Section 1 of this bill clarifies that the large school district remains responsible for utilities.
Existing law requires the superintendent of schools of a large school district to assign a school associate superintendent to oversee local school precincts, but prohibits such a person from being assigned to oversee more than 25 local school precincts. (NRS 388G.620) Section 1.5 of this bill removes this prohibition, therefore authorizing a school associate superintendent to oversee more than 25 local school precincts.
Existing law sets forth the manner in which a large school district is required to determine the allocation that will be made to each local school precinct, which must be on a per pupil basis. (NRS 388G.670) Existing law requires the superintendent of schools of a large school district to inform each local school precinct on or before January 15 of each year of the estimated amount of money that will be allocated to the local school precinct for the next school year, based upon: (1) for an existing local school precinct, the actual number of pupils who attended the local school precinct as reported during the previous calendar quarter; or (2) for a new local school precinct, the estimated number of pupils who will attend the new school and the effect on any existing local school precinct. (NRS 388G.680) For purposes of this allocation, section 3 of this bill changes the measure for determining the number of pupils for existing local school precincts from actual numbers to estimates by the large school district, which is the same measure as is used for determining the number of pupils for a new local school precinct.
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 388G.610 is hereby amended to read as follows:
388G.610 1. Except as otherwise provided in this section, the superintendent shall transfer authority to each local school precinct to carry out responsibilities in accordance with this section and the plan of operation approved for the local school precinct.
2. The superintendent shall transfer to each local school precinct the authority to carry out the following responsibilities:
(a) Select for the local school precinct the:
(1) Teachers;
(2) Administrators other than the principal; and
(3) Other staff who work under the direct supervision of the principal.
(b) Direct the supervision of the staff of the local school precinct, including, without limitation, taking any necessary disciplinary action which does not involve a violation of law or which does not require an investigation to comply with the law.
(c) Procure such equipment, services and supplies as the local school precinct deems necessary or advisable to carry out the plan of operation for the local school precinct. Equipment, services and supplies may be procured from the large school district in which the local school precinct is located or elsewhere, but such procurement must be carried out in accordance with the applicable policies of the large school district.
κ2019 Statutes of Nevada, Page 3601 (CHAPTER 563, SB 469)κ
(d) Develop a balanced budget for the local school precinct for the use of the money allocated to the local school precinct, which must include, without limitation, the manner in which to expend any money not used for the purposes described in paragraphs (a), (b) and (c).
(e) Any other responsibility for which authority is transferred pursuant to subsection 7.
3. Except as otherwise provided in subsection 7, a large school district shall remain responsible for paying for and carrying out all other responsibilities necessary for the operation of the local school precincts and the large school district which have not been transferred to the local school precincts pursuant to subsection 2, including, without limitation, responsibility for:
(a) Negotiating the salaries, benefits and other conditions of employment of administrators, teachers and other staff necessary for the operation of the local school precinct;
(b) Transportation services;
(c) Food services;
(d) Risk management services;
(e) Financial services, including payroll services;
(f) Qualifying employees for any position within the large school district;
(g) Services to promote and ensure equity and diversity;
(h) Services to ensure compliance with all laws relating to civil rights;
(i) Identification, evaluation, program placement, pupil assignment and other services provided to pupils pursuant to the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., and the regulations adopted pursuant thereto, or pursuant to section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, and the regulations adopted pursuant thereto;
(j) Legal services;
(k) Maintenance and repair of buildings;
(l) Maintenance of the grounds of the local school precinct;
(m) Custodial services;
(n) Implementation of the master plan developed for English learners;
(o) Internal audits;
(p) Information technology services;
(q) Police services;
(r) Emergency management services;
(s) Carrying out state mandated assessments and accountability reports; [and]
(t) Capital projects [.] ; and
(u) Utilities.
4. To the greatest extent possible, the principal of a local school precinct shall select teachers who are licensed and in good standing before selecting substitutes to teach at the local school precinct. The principal, in consultation with the organizational team, shall make every effort to ensure that effective licensed teachers are employed at the local school precinct.
5. If a large school district is unable to provide any necessary maintenance or repair of the buildings or grounds of a local school precinct in a timely manner, the large school district must, at the expense of the large school district, procure any equipment, services and supplies necessary from another entity or business to provide such maintenance or repair for the local school precinct or take any other necessary action.
κ2019 Statutes of Nevada, Page 3602 (CHAPTER 563, SB 469)κ
6. To the extent that any member of the staff of central services is assigned to provide services at a local school precinct on a temporary or permanent basis, the decision regarding the assignment and any subsequent reassignment of the member of the staff must be made in consultation with the principal of the local school precinct and the school associate superintendent.
7. On or before January 15 of each year, the superintendent shall determine, in consultation with the principals, school associate superintendents and organizational teams of each local school precinct, any additional authority that is not listed in subsection 2 to recommend transferring to one or more local school precincts. Such authority may include the authority to carry out any of the responsibilities listed in subsection 3 which is not prohibited by law, other than the responsibility for capital projects, if it is determined that transferring the authority will serve the best interests of the pupils. The recommendation to transfer authority to one or more local school precincts must be submitted for approval by the board of trustees of the large school district. The board of trustees of the large school district shall consider such a recommendation and determine whether to approve the transfer of additional authority at its next regularly scheduled meeting if submitted within 5 working days before the next regularly scheduled meeting and otherwise the recommendation shall be considered at the following meeting.
8. If the authority to carry out any responsibility is transferred to a local school precinct pursuant to subsection 7, the large school district must allocate additional money to the local school precinct in an amount equal to the amount that would otherwise be paid by the large school district to carry out the responsibility.
Sec. 1.5. NRS 388G.620 is hereby amended to read as follows:
388G.620 1. The superintendent shall assign a school associate superintendent to oversee [each] one or more local school [precinct. Each school associate superintendent must not be assigned to oversee more than 25 local school] precincts.
2. Whenever a vacancy occurs in the position of school associate superintendent, the superintendent shall post notice of the vacancy. The superintendent shall interview qualified candidates for the vacant position. At least one, but not more than two representatives of the principals of the local school precincts overseen by the vacant position must be allowed to participate in interviewing candidates for the vacant position. If the local governmental agency which has the most schools that are overseen by the vacant position is:
(a) A city, the governing body of the city may appoint one representative to participate in interviewing candidates for the vacant position.
(b) Not a city, the board of county commissioners for the county in which the large school district is located may appoint one representative to participate in interviewing candidates for the vacant position.
3. Each person who participates in interviewing candidates pursuant to subsection 2 shall comply with all laws that apply to an employer when making a decision about employment.
4. Upon completion of the interviews pursuant to subsection 2 and before the superintendent makes a final determination about which candidate to hire, the superintendent must notify the governing body of the city or the board of county commissioners for the county, as applicable, regarding the candidate whom the superintendent intends to hire.
κ2019 Statutes of Nevada, Page 3603 (CHAPTER 563, SB 469)κ
candidate whom the superintendent intends to hire. After receiving such notice, the governing body of the city or the board of county commissioners, as applicable, may hold a public meeting within 10 days to question the superintendent and the candidate for the vacant position and receive public input. After any such meeting or, if no such meeting is held, after 10 days, the superintendent shall, in his or her sole discretion, hire a candidate for the vacant position.
5. After the school associate superintendent is hired, the superintendent may, in his or her sole discretion, reassign and make other employment decisions concerning the school associate superintendent.
Secs. 2 and 2.5. (Deleted by amendment.)
Sec. 3. NRS 388G.680 is hereby amended to read as follows:
388G.680 1. On or before January 15 of each year, the superintendent shall inform each local school precinct of the estimated amount of money that will be allocated to the local school precinct for the next school year. The allocation must be based upon estimates by the large school district of the number of pupils in each category who will attend the local school precinct after applying the appropriate weight to each category of pupil as determined pursuant to NRS 388G.670.
2. [Except as otherwise provided in subsections 3 and 4, the number and category of pupils must be determined based upon the report of the pupils attending each local school precinct for the previous calendar quarter pursuant to NRS 387.1223.
3.] If an additional local school precinct is added in the large school district, for the purpose of determining the first allocation for the new local school precinct, the large school district must estimate the number of pupils in each category who will attend the new local school precinct and the effect on any existing local school precinct. If the opening of a new local school precinct is anticipated to reduce the number of pupils who will attend another local school precinct, for purposes of determining the allocation, the number of pupils must be adjusted accordingly.
[4.] 3. The estimated amount of money allocated to each local school precinct for the next school year must be adjusted on or before November 1 of each year to reflect the actual number of pupils in each category who attend the local school precinct.
Sec. 4. This act becomes effective on July 1, 2019.
________
κ2019 Statutes of Nevada, Page 3604κ
Senate Bill No. 554Committee on Judiciary
CHAPTER 564
[Approved: June 12, 2019]
AN ACT relating to state governmental operations; revising provisions governing application of the legislative continuance statute in certain judicial or administrative proceedings; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, the common-law rules developed in England are generally the rules of decision that govern in all the courts of this State unless: (1) those common-law rules conflict with any federal or state constitutional provisions; or (2) the Legislature changes or abolishes those common-law rules by statute. (NRS 1.030; Cunningham v. Washoe Cnty., 66 Nev. 60, 64 (1949) (Nevada has by statute adopted the principles of the common law and has in a number of instances modified the common law by statutory enactment.)) Under the common-law rules, if a lawyer representing a party in judicial proceedings was also a state legislator, the court was not bound to recognize the lawyer-legislators required attendance at a legislative session as a sufficient cause to grant a continuance of the judicial proceedings during the legislative session. (Johnson v. Theodoron, 155 N.E. 481, 483 (Ill. 1927) (At common law attendance on the sessions of a legislative body was not a cause for a continuance which a court was bound to recognize.)) However, in exercising its judicial discretion in a particular case, the court was not precluded from granting a continuance to accommodate the lawyer-legislators required attendance at the legislative session.
Starting in the late 1800s, state legislatures began enacting legislative continuance statutes with the intent to abrogate the common-law rules and statutorily establish that a lawyer-legislators attendance at a legislative session is a sufficient cause for a continuance which the court is bound to recognize. (St. Louis & Se. Ry. Co. v. Teters, 68 Ill. 144, 146-47 (1873); Hudgins v. Hall, 32 S.E.2d 715, 718-19 (Va. 1945); State ex rel. Snip v. Thatch, 195 S.W.2d 106, 107-08 (Mo. 1946); J. J. Marticelli, Annotation, Counsels Absence Because of Attendance on Legislature as Ground for Continuance, 49 A.L.R.2d 1073 (1956 & Westlaw 2019)) Currently, at least 14 other states have legislative continuance statutes as part of their existing law. However, the language in these statutes varies considerably among the states. (Cal. Civ. Proc. Code § 595; Fla. Stat. Ann. § 11.111; Ga. Code Ann. § 9-10-150; La. Stat. Ann. § 13:4163; Minn. Stat. Ann. § 3.16; Miss. Code. Ann. § 11-1-9; Mo. Ann. Stat. § 510.120; N.Y. Jud. Law § 469; 12 Okl. St. Ann. § 667; S.C. Code Ann. § 2-1-150; Tenn. Code Ann. § 20-7-106; Tex. Civ. Prac. & Rem. Code Ann. § 30.003; W.Va. Code Ann. § 4-1-17; Wis. Stat. Ann. § 757.13)
In some states, courts have subjected legislative continuance statutes to heightened scrutiny to ensure that the statutes do not violate: (1) the separation-of-powers doctrine by invading the province of the judiciary to facilitate the prompt administration of justice, prevent irreparable harm and discourage unreasonable delays; and (2) the right to due process of law by denying litigants timely access to the courts when a substantial existing right or interest will be defeated or abridged by the continuance.
For example, in some states, courts have struck down legislative continuance statutes as facially unconstitutional when the statutory language is not capable of a constitutional interpretation because the language requires mandatory continuances in all cases and fails to provide the objecting party, in certain exceptional cases, with a reasonable opportunity to prove that as a direct result of emergency or extraordinary circumstances, a substantial existing right or interest will be defeated or abridged by the requested continuance and the party will thereby suffer substantial and immediate irreparable harm.
κ2019 Statutes of Nevada, Page 3605 (CHAPTER 564, SB 554)κ
the requested continuance and the party will thereby suffer substantial and immediate irreparable harm. (McConnell v. State, 302 S.W.2d 805, 807-09 (Ark. 1957); Booze v. Dist. Ct. of Lincoln Cnty., 365 P.2d 589, 591 (Okla. Crim. App. 1961); Granai v. Witters, Longmoore, Akley & Brown, 194 A.2d 391, 392-93 (Vt. 1963); Lemoine v. Martineau, 342 A.2d 616, 620-22 (R.I. 1975); City of Valdez v. Valdez Dev. Co., 506 P.2d 1279, 1282-84 (Alaska 1973))
By contrast, in other states, courts have upheld legislative continuance statutes as facially constitutional when the statutory language is capable of a constitutional interpretation because, even though the language requires mandatory continuances in most cases, the language is nevertheless interpreted to provide the objecting party, in certain exceptional cases, with a reasonable opportunity to prove that as a direct result of emergency or extraordinary circumstances, a substantial existing right or interest will be defeated or abridged by the requested continuance and the party will thereby suffer substantial and immediate irreparable harm. (Johnson v. Theodoron, 155 N.E. 481, 483 (Ill. 1927); Kyger v. Koerper, 207 S.W.2d 46, 48-49 (Mo. 1946) (Hyde, J., concurring opinion joined by majority of court); Nabholz Const. Corp. v. Patterson, 317 S.W.2d 9, 11-12 (Ark. 1958); Thurmond v. Super. Ct. of City & Cnty. of San Fran., 427 P.2d 985, 986-88 (Cal. 1967); A.B.C. Bus. Forms, Inc. v. Spaet, 201 So. 2d 890, 891-92 (Fla. 1967); Waites v. Sondock, 561 S.W.2d 772, 774 (Tex. 1977); Williams v. Bordons, Inc., 262 S.E.2d 881, 883-84 (S.C. 1980); Strickland v. State, 477 So. 2d 1347, 1348 (Miss. 1985); State v. Chvala, 673 N.W.2d 401, 404-08 (Wis. Ct. App. 2003); Verio Healthcare, Inc. v. Super. Ct. of Orange Cnty., 208 Cal. Rptr. 3d 436, 443-48 (Cal. Ct. App. 2016))
In Nevada, existing law includes a legislative continuance statute. (NRS 1.310) Under the existing statute, if a party to any judicial or administrative action or proceeding is a member of the Legislature or President of the Senate, that fact is sufficient cause for the adjournment or continuance of the action or proceeding for the duration of any legislative session. The existing statute also provides that if an attorney for a party to any judicial or administrative action or proceeding was actually employed before the commencement of any legislative session and is a member of the Legislature or President of the Senate, that fact is sufficient cause for the adjournment or continuance of the action or proceeding for the duration of any legislative session. Finally, the existing statute provides that the adjournment or continuance must be granted without the imposition of terms.
In 2017, a state district court in Clark County found that Nevadas existing legislative continuance statute is unconstitutional as written as it violates the separation of powers doctrine of the Nevada Constitution by allowing the legislature to commandeer the inherent power of the judiciary to govern its own procedures, removing all discretion from the Court. (Degraw v. Eighth Jud. Dist. Ct., 134 Nev. Adv. Op. 43, 419 P.3d 136, 138 (2018)) The district court also stated that [t]here are instances in which the postponement of an action would result in irreparable harm or defeat an existing right, and emergency relief is warranted. In those instances, the Court must be able to be allowed to exercise discretion. (Degraw, 419 P.3d at 138) Following the district courts decision, a writ petition was filed with the Nevada Supreme Court seeking review of the district courts decision. However, while the writ petition was pending, the parties resolved their case in the district court. As a result, the Nevada Supreme Court concluded that review of the district courts decision was not warranted because the writ petition had been rendered moot. Therefore, the Nevada Supreme Court did not reach the merits of whether Nevadas existing legislative continuance statute is unconstitutional as written. (Degraw, 419 P.3d at 137-140)
Section 1 of this bill revises Nevadas existing legislative continuance statute to provide that, except for certain emergency or extraordinary circumstances, a court or administrative body is required to grant a requested continuance to a member of the Legislature or the President of the Senate when he or she is: (1) a party to any judicial or administrative action or proceeding during the legislative session; or (2) an attorney for such a party, so long as he or she was actually employed as the partys attorney before the legislative session. Section 1 also provides that the continuance is effective for the duration of the legislative session and for an additional 7 calendar days following the session, unless a shorter period is requested by the person asking for the continuance.
κ2019 Statutes of Nevada, Page 3606 (CHAPTER 564, SB 554)κ
effective for the duration of the legislative session and for an additional 7 calendar days following the session, unless a shorter period is requested by the person asking for the continuance. Section 1 further provides that the continuance must be granted without the imposition of any bond, costs or other terms. Finally, section 1 provides that if any party objects to the requested continuance, the court or administrative body cannot deny the requested continuance, in whole or in part, unless the objecting party satisfies the burden to prove that, as a direct result of emergency or extraordinary circumstances, the objecting party: (1) has a substantial existing right or interest that will be defeated or abridged if the requested continuance is granted; and (2) will suffer substantial and immediate irreparable harm if the requested continuance is granted.
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 1.310 is hereby amended to read as follows:
1.310 1. [If a] Except as otherwise provided in subsection 3, if a person:
(a) Is a member of the Legislature or the President of the Senate;
(b) During any regular or special session of the Legislature, is:
(1) A party to any action or proceeding in any court or before any administrative body [is a member of the Legislature of the State of Nevada, or is President of the Senate, that fact is sufficient cause for the adjournment or continuance of the action or proceeding, including, without limitation, any discovery or other pretrial or posttrial matter involved in the action or proceeding, for the duration of any legislative session.
2. If an] ; or
(2) An attorney for a party to any action or proceeding in any court or before any administrative body [,] who was actually employed as the partys attorney before the commencement of [any legislative] the session [, is a member of the Legislature of the State of Nevada, or is President of the Senate, that fact is sufficient cause for the adjournment or] ; and
(c) Files with the court or administrative body a motion or request for a continuance of the action or proceeding pursuant to this section,
Κ the court or administrative body shall grant the continuance of the action or proceeding, including, without limitation, any discovery or other pretrial or posttrial matter involved in the action or proceeding, subject to the provisions of subsection 2.
2. A continuance granted pursuant to subsection 1 must be:
(a) Effective for [the] :
(1) The duration of [any legislative session.
3. The adjournment or continuance provided for in subsections 1 and 2 must be granted] the session and for an additional 7 calendar days following the session; or
(2) A shorter period if requested by the person who filed the motion or request for a continuance of the action or proceeding.
(b) Granted without the imposition of any bond, costs or other terms.
3. If any party objects to a motion or request for a continuance that is filed pursuant to subsection 1, the court or administrative body shall not deny the requested continuance, in whole or in part, unless the objecting party satisfies the burden to prove that, as a direct result of emergency or extraordinary circumstances, the objecting party:
κ2019 Statutes of Nevada, Page 3607 (CHAPTER 564, SB 554)κ
party satisfies the burden to prove that, as a direct result of emergency or extraordinary circumstances, the objecting party:
(a) Has a substantial existing right or interest that will be defeated or abridged if the requested continuance is granted; and
(b) Will suffer substantial and immediate irreparable harm if the requested continuance is granted.
Sec. 2. The amendatory provisions of this act apply to any judicial or administrative proceedings:
1. Commenced on or after the effective date of this act; or
2. Commenced before the effective date of this act if the proceedings are pending or otherwise unresolved on the effective date of this act.
Sec. 3. This act becomes effective upon passage and approval.
________
Senate Bill No. 111Committee on Government Affairs
CHAPTER 565
[Approved: June 12, 2019]
AN ACT relating to local governments; revising the percentage of the budgeted ending fund balance of certain local governments that is excluded from collective bargaining negotiations; providing that certain money appropriated by the State for certain purposes is subject to collective bargaining negotiations involving a school district; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law establishes certain mandatory subjects of bargaining in the negotiation of a collective bargaining agreement between a local government employer and a recognized employee organization. (NRS 288.150) Existing law provides for the resolution of an impasse in collective bargaining through fact-finding, arbitration or both, but imposes limitations on the money that a fact finder or arbitrator may consider in determining the financial ability of a local government employer to pay compensation or monetary benefits. (NRS 288.200, 288.215, 288.217, 354.6241) Under existing law, for certain governmental funds of a local government other than a school district, a budgeted ending fund balance of not more than 25 percent of the total budgeted expenditures, less capital outlay, is not subject to negotiation and must not be considered by a fact finder or arbitrator in determining the local government employers ability to pay compensation or monetary benefits. (NRS 354.6241) Section 1 of this bill provides instead that a budgeted ending fund balance of not more than 16.67 percent of the total budgeted expenditures, less capital outlay, is not subject to negotiation and must not be considered by a fact finder or arbitrator in determining the local government employers ability to pay compensation and monetary benefits.
Sections 1.2-1.8 of this bill provide that any money appropriated by the State to carry out increases in salary or benefits is subject to negotiation and must be considered by a fact finder or arbitrator in determining the school districts ability to pay compensation or monetary benefits.
κ2019 Statutes of Nevada, Page 3608 (CHAPTER 565, SB 111)κ
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 354.6241 is hereby amended to read as follows:
354.6241 1. The statement required by paragraph (a) of subsection 5 of NRS 354.624 must indicate for each fund set forth in that paragraph:
(a) Whether the fund is being used in accordance with the provisions of this chapter.
(b) Whether the fund is being administered in accordance with generally accepted accounting procedures.
(c) Whether the reserve in the fund is limited to an amount that is reasonable and necessary to carry out the purposes of the fund.
(d) The sources of revenues available for the fund during the fiscal year, including transfers from any other funds.
(e) The statutory and regulatory requirements applicable to the fund.
(f) The balance and retained earnings of the fund.
2. Except as otherwise provided in subsection 3 and NRS 354.59891 and 354.613, to the extent that the reserve in any fund set forth in paragraph (a) of subsection 5 of NRS 354.624 exceeds the amount that is reasonable and necessary to carry out the purposes for which the fund was created, the reserve may be expended by the local government pursuant to the provisions of chapter 288 of NRS.
3. For any local government other than a school district, for the purposes of chapter 288 of NRS, a budgeted ending fund balance of not more than [25] 16.67 percent of the total budgeted expenditures, less capital outlay, for a general fund:
(a) Is not subject to negotiations with an employee organization; and
(b) Must not be considered by a fact finder or arbitrator in determining the financial ability of the local government to pay compensation or monetary benefits.
Sec. 1.2. NRS 288.150 is hereby amended to read as follows:
288.150 1. Except as otherwise provided in subsection [4] 5 and NRS 354.6241, every local government employer shall negotiate in good faith through one or more representatives of its own choosing concerning the mandatory subjects of bargaining set forth in subsection 2 with the designated representatives of the recognized employee organization, if any, for each appropriate bargaining unit among its employees. If either party so requests, agreements reached must be reduced to writing.
2. The scope of mandatory bargaining is limited to:
(a) Salary or wage rates or other forms of direct monetary compensation.
(b) Sick leave.
(c) Vacation leave.
(d) Holidays.
(e) Other paid or nonpaid leaves of absence consistent with the provisions of this chapter.
(f) Insurance benefits.
(g) Total hours of work required of an employee on each workday or workweek.
(h) Total number of days work required of an employee in a work year.
κ2019 Statutes of Nevada, Page 3609 (CHAPTER 565, SB 111)κ
(i) Except as otherwise provided in subsections [6] 7 and [10,] 11, discharge and disciplinary procedures.
(j) Recognition clause.
(k) The method used to classify employees in the bargaining unit.
(l) Deduction of dues for the recognized employee organization.
(m) Protection of employees in the bargaining unit from discrimination because of participation in recognized employee organizations consistent with the provisions of this chapter.
(n) No-strike provisions consistent with the provisions of this chapter.
(o) Grievance and arbitration procedures for resolution of disputes relating to interpretation or application of collective bargaining agreements.
(p) General savings clauses.
(q) Duration of collective bargaining agreements.
(r) Safety of the employee.
(s) Teacher preparation time.
(t) Materials and supplies for classrooms.
(u) Except as otherwise provided in subsections [7, 9] 8, 10 and [10,] 11, the policies for the transfer and reassignment of teachers.
(v) Procedures for reduction in workforce consistent with the provisions of this chapter.
(w) Procedures consistent with the provisions of subsection [4] 5 for the reopening of collective bargaining agreements for additional, further, new or supplementary negotiations during periods of fiscal emergency.
3. Those subject matters which are not within the scope of mandatory bargaining and which are reserved to the local government employer without negotiation include:
(a) Except as otherwise provided in paragraph (u) of subsection 2, the right to hire, direct, assign or transfer an employee, but excluding the right to assign or transfer an employee as a form of discipline.
(b) The right to reduce in force or lay off any employee because of lack of work or lack of money, subject to paragraph (v) of subsection 2.
(c) The right to determine:
(1) Appropriate staffing levels and work performance standards, except for safety considerations;
(2) The content of the workday, including without limitation workload factors, except for safety considerations;
(3) The quality and quantity of services to be offered to the public; and
(4) The means and methods of offering those services.
(d) Safety of the public.
4. If the local government employer is a school district, any money appropriated by the State to carry out increases in salaries or benefits for the employees of the school district is subject to negotiations with an employee organization.
5. Notwithstanding the provisions of any collective bargaining agreement negotiated pursuant to this chapter, a local government employer is entitled to:
(a) Reopen a collective bargaining agreement for additional, further, new or supplementary negotiations relating to compensation or monetary benefits during a period of fiscal emergency. Negotiations must begin not later than 21 days after the local government employer notifies the employee organization that a fiscal emergency exists.
κ2019 Statutes of Nevada, Page 3610 (CHAPTER 565, SB 111)κ
organization that a fiscal emergency exists. For the purposes of this section, a fiscal emergency shall be deemed to exist:
(1) If the amount of revenue received by the general fund of the local government employer during the last preceding fiscal year from all sources, except any nonrecurring source, declined by 5 percent or more from the amount of revenue received by the general fund from all sources, except any nonrecurring source, during the next preceding fiscal year, as reflected in the reports of the annual audits conducted for those fiscal years for the local government employer pursuant to NRS 354.624; or
(2) If the local government employer has budgeted an unreserved ending fund balance in its general fund for the current fiscal year in an amount equal to 4 percent or less of the actual expenditures from the general fund for the last preceding fiscal year, and the local government employer has provided a written explanation of the budgeted ending fund balance to the Department of Taxation that includes the reason for the ending fund balance and the manner in which the local government employer plans to increase the ending fund balance.
(b) Take whatever actions may be necessary to carry out its responsibilities in situations of emergency such as a riot, military action, natural disaster or civil disorder. Those actions may include the suspension of any collective bargaining agreement for the duration of the emergency.
Κ Any action taken under the provisions of this subsection must not be construed as a failure to negotiate in good faith.
[5.] 6. The provisions of this chapter, including without limitation the provisions of this section, recognize and declare the ultimate right and responsibility of the local government employer to manage its operation in the most efficient manner consistent with the best interests of all its citizens, its taxpayers and its employees.
[6.] 7. If the sponsor of a charter school reconstitutes the governing body of a charter school pursuant to NRS 388A.330, the new governing body may terminate the employment of any teachers or other employees of the charter school, and any provision of any agreement negotiated pursuant to this chapter that provides otherwise is unenforceable and void.
[7.] 8. The board of trustees of a school district in which a school is designated as a turnaround school pursuant to NRS 388G.400 or the principal of such a school, as applicable, may take any action authorized pursuant to NRS 388G.400, including, without limitation:
(a) Reassigning any member of the staff of such a school; or
(b) If the staff member of another public school consents, reassigning that member of the staff of the other public school to such a school.
[8.] 9. Any provision of an agreement negotiated pursuant to this chapter which differs from or conflicts in any way with the provisions of subsection [7] 8 or imposes consequences on the board of trustees of a school district or the principal of a school for taking any action authorized pursuant to subsection [7] 8 is unenforceable and void.
[9.] 10. The board of trustees of a school district may reassign any member of the staff of a school that is converted to an achievement charter school pursuant to NRS 388B.200 to 388B.230, inclusive, and any provision of any agreement negotiated pursuant to this chapter which provides otherwise is unenforceable and void.
[10.] 11. The board of trustees of a school district or the governing body of a charter school or university school for profoundly gifted pupils may use a substantiated report of the abuse or neglect of a child or a violation of NRS 201.540, 201.560, 392.4633 or 394.366 obtained from the Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child established by NRS 432.100 or an equivalent registry maintained by a governmental agency in another jurisdiction for the purposes authorized by NRS 388A.515, 388C.200, 391.033, 391.104 or 391.281, as applicable.
κ2019 Statutes of Nevada, Page 3611 (CHAPTER 565, SB 111)κ
may use a substantiated report of the abuse or neglect of a child or a violation of NRS 201.540, 201.560, 392.4633 or 394.366 obtained from the Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child established by NRS 432.100 or an equivalent registry maintained by a governmental agency in another jurisdiction for the purposes authorized by NRS 388A.515, 388C.200, 391.033, 391.104 or 391.281, as applicable. Such purposes may include, without limitation, making a determination concerning the assignment, discipline or termination of an employee. Any provision of any agreement negotiated pursuant to this chapter which conflicts with the provisions of this subsection is unenforceable and void.
[11.] 12. This section does not preclude, but this chapter does not require, the local government employer to negotiate subject matters enumerated in subsection 3 which are outside the scope of mandatory bargaining. The local government employer shall discuss subject matters outside the scope of mandatory bargaining but it is not required to negotiate those matters.
[12.] 13. Contract provisions presently existing in signed and ratified agreements as of May 15, 1975, at 12 p.m. remain negotiable.
[13.] 14. As used in this section:
(a) Abuse or neglect of a child has the meaning ascribed to it in NRS 392.281.
(b) Achievement charter school has the meaning ascribed to it in NRS 385.007.
Sec. 1.4. NRS 288.200 is hereby amended to read as follows:
288.200 Except in cases to which NRS 288.205 and 288.215, or NRS 288.217 apply:
1. If:
(a) The parties have failed to reach an agreement after at least six meetings of negotiations; and
(b) The parties have participated in mediation and by April 1, have not reached agreement,
Κ either party to the dispute, at any time after April 1, may submit the dispute to an impartial fact finder for the findings and recommendations of the fact finder. The findings and recommendations of the fact finder are not binding on the parties except as provided in subsections 5, 6 and 11. The mediator of a dispute may also be chosen by the parties to serve as the fact finder.
2. If the parties are unable to agree on an impartial fact finder or a panel of neutral arbitrators within 5 days, either party may request from the American Arbitration Association or the Federal Mediation and Conciliation Service a list of seven potential fact finders. If the parties are unable to agree upon which arbitration service should be used, the Federal Mediation and Conciliation Service must be used. Within 5 days after receiving a list from the applicable arbitration service, the parties shall select their fact finder from this list by alternately striking one name until the name of only one fact finder remains, who will be the fact finder to hear the dispute in question. The employee organization shall strike the first name.
3. The local government employer and employee organization each shall pay one-half of the cost of fact-finding. Each party shall pay its own costs of preparation and presentation of its case in fact-finding.
κ2019 Statutes of Nevada, Page 3612 (CHAPTER 565, SB 111)κ
4. A schedule of dates and times for the hearing must be established within 10 days after the selection of the fact finder pursuant to subsection 2, and the fact finder shall report the findings and recommendations of the fact finder to the parties to the dispute within 30 days after the conclusion of the fact-finding hearing.
5. The parties to the dispute may agree, before the submission of the dispute to fact-finding, to make the findings and recommendations on all or any specified issues final and binding on the parties.
6. If the parties do not agree on whether to make the findings and recommendations of the fact finder final and binding, either party may request the formation of a panel to determine whether the findings and recommendations of a fact finder on all or any specified issues in a particular dispute which are within the scope of subsection 11 are to be final and binding. The determination must be made upon the concurrence of at least two members of the panel and not later than the date which is 30 days after the date on which the matter is submitted to the panel, unless that date is extended by the Commissioner of the Board. Each panel shall, when making its determination, consider whether the parties have bargained in good faith and whether it believes the parties can resolve any remaining issues. Any panel may also consider the actions taken by the parties in response to any previous fact-finding between these parties, the best interests of the State and all its citizens, the potential fiscal effect both within and outside the political subdivision, and any danger to the safety of the people of the State or a political subdivision.
7. Except as otherwise provided in subsection 10, any fact finder, whether the fact finders recommendations are to be binding or not, shall base such recommendations or award on the following criteria:
(a) A preliminary determination must be made as to the financial ability of the local government employer based on all existing available revenues as established by the local government employer and within the limitations set forth in NRS 354.6241, with due regard for the obligation of the local government employer to provide facilities and services guaranteeing the health, welfare and safety of the people residing within the political subdivision. If the local government employer is a school district, any money appropriated by the State to carry out increases in salaries or benefits for the employees of the school district must be considered by a fact finder in making a preliminary determination.
(b) Once the fact finder has determined in accordance with paragraph (a) that there is a current financial ability to grant monetary benefits, and subject to the provisions of paragraph (c), the fact finder shall consider, to the extent appropriate, compensation of other government employees, both in and out of the State and use normal criteria for interest disputes regarding the terms and provisions to be included in an agreement in assessing the reasonableness of the position of each party as to each issue in dispute and the fact finder shall consider whether the Board found that either party had bargained in bad faith.
(c) A consideration of funding for the current year being negotiated. If the parties mutually agree to arbitrate a multiyear contract, the fact finder must consider the ability to pay over the life of the contract being negotiated or arbitrated.
κ2019 Statutes of Nevada, Page 3613 (CHAPTER 565, SB 111)κ
Κ The fact finders report must contain the facts upon which the fact finder based the fact finders determination of financial ability to grant monetary benefits and the fact finders recommendations or award.
8. Within 45 days after the receipt of the report from the fact finder, the governing body of the local government employer shall hold a public meeting in accordance with the provisions of chapter 241 of NRS. The meeting must include a discussion of:
(a) The issues of the parties submitted pursuant to subsection 1;
(b) The report of findings and recommendations of the fact finder; and
(c) The overall fiscal impact of the findings and recommendations, which must not include a discussion of the details of the report.
Κ The fact finder must not be asked to discuss the decision during the meeting.
9. The chief executive officer of the local government shall report to the local government the fiscal impact of the findings and recommendations. The report must include, without limitation, an analysis of the impact of the findings and recommendations on compensation and reimbursement, funding, benefits, hours, working conditions or other terms and conditions of employment.
10. Any sum of money which is maintained in a fund whose balance is required by law to be:
(a) Used only for a specific purpose other than the payment of compensation to the bargaining unit affected; or
(b) Carried forward to the succeeding fiscal year in any designated amount, to the extent of that amount,
Κ must not be counted in determining the financial ability of a local government employer and must not be used to pay any monetary benefits recommended or awarded by the fact finder.
11. The issues which may be included in a panels order pursuant to subsection 6 are:
(a) Those enumerated in subsection 2 of NRS 288.150 as the subjects of mandatory bargaining, unless precluded for that year by an existing collective bargaining agreement between the parties; and
(b) Those which an existing collective bargaining agreement between the parties makes subject to negotiation in that year.
Κ This subsection does not preclude the voluntary submission of other issues by the parties pursuant to subsection 5.
Sec. 1.6. NRS 288.215 is hereby amended to read as follows:
288.215 1. As used in this section:
(a) Firefighters means those persons who are salaried employees of a fire prevention or suppression unit organized by a political subdivision of the State and whose principal duties are controlling and extinguishing fires.
(b) Police officers means those persons who are salaried employees of a police department or other law enforcement agency organized by a political subdivision of the State and whose principal duties are to enforce the law.
2. The provisions of this section apply only to firefighters and police officers and their local government employers.
3. If the parties have not agreed to make the findings and recommendations of the fact finder final and binding upon all issues, and do not otherwise resolve their dispute, they shall, within 10 days after the fact finders report is submitted, submit the issues remaining in dispute to an arbitrator who must be selected in the manner provided in NRS 288.200 and have the same powers provided for fact finders in NRS 288.210.
κ2019 Statutes of Nevada, Page 3614 (CHAPTER 565, SB 111)κ
arbitrator who must be selected in the manner provided in NRS 288.200 and have the same powers provided for fact finders in NRS 288.210.
4. The arbitrator shall, within 10 days after the arbitrator is selected, and after 7 days written notice is given to the parties, hold a hearing to receive information concerning the dispute. The hearings must be held in the county in which the local government employer is located and the arbitrator shall arrange for a full and complete record of the hearings.
5. At the hearing, or at any subsequent time to which the hearing may be adjourned, information may be presented by:
(a) The parties to the dispute; or
(b) Any interested person.
6. The parties to the dispute shall each pay one-half of the costs incurred by the arbitrator.
7. A determination of the financial ability of a local government employer must be based on:
(a) All existing available revenues as established by the local government employer and within the limitations set forth in NRS 354.6241, with due regard for the obligation of the local government employer to provide facilities and services guaranteeing the health, welfare and safety of the people residing within the political subdivision. If the local government employer is a school district, any money appropriated by the State to carry out increases in salaries or benefits for the employees of the school district must be considered by an arbitrator in making a determination pursuant to this subsection.
(b) Consideration of funding for the current year being negotiated. If the parties mutually agree to arbitrate a multi-year contract the arbitrator must consider the ability to pay over the life of the contract being negotiated or arbitrated.
Κ Once the arbitrator has determined in accordance with this subsection that there is a current financial ability to grant monetary benefits, the arbitrator shall consider, to the extent appropriate, compensation of other governmental employees, both in and out of this State.
8. At the recommendation of the arbitrator, the parties may, before the submission of a final offer, enter into negotiations. If the negotiations are begun, the arbitrator may adjourn the hearings for a period of 3 weeks. An agreement by the parties is final and binding, and upon notification to the arbitrator, the arbitration terminates.
9. If the parties do not enter into negotiations or do not agree within 30 days, each of the parties shall submit a single written statement containing its final offer for each of the unresolved issues.
10. The arbitrator shall, within 10 days after the final offers are submitted, accept one of the written statements, on the basis of the criteria provided in NRS 288.200, and shall report the decision to the parties. The decision of the arbitrator is final and binding on the parties. Any award of the arbitrator is retroactive to the expiration date of the last contract.
11. The decision of the arbitrator must include a statement:
(a) Giving the arbitrators reason for accepting the final offer that is the basis of the arbitrators award; and
(b) Specifying the arbitrators estimate of the total cost of the award.
12. Within 45 days after the receipt of the decision from the arbitrator pursuant to subsection 10, the governing body of the local government employer shall hold a public meeting in accordance with the provisions of chapter 241 of NRS.
κ2019 Statutes of Nevada, Page 3615 (CHAPTER 565, SB 111)κ
employer shall hold a public meeting in accordance with the provisions of chapter 241 of NRS. The meeting must include a discussion of:
(a) The issues submitted pursuant to subsection 3;
(b) The statement of the arbitrator pursuant to subsection 11; and
(c) The overall fiscal impact of the decision, which must not include a discussion of the details of the decision.
Κ The arbitrator must not be asked to discuss the decision during the meeting.
13. The chief executive officer of the local government shall report to the local government the fiscal impact of the decision. The report must include, without limitation, an analysis of the impact of the decision on compensation and reimbursement, funding, benefits, hours, working conditions or other terms and conditions of employment.
Sec. 1.8. NRS 288.217 is hereby amended to read as follows:
288.217 1. The provisions of this section govern negotiations between school districts and employee organizations representing teachers and educational support personnel.
2. Not later than 330 days before the end of the term stated in their collective bargaining agreement, the parties shall select an arbitrator in the manner provided in subsection 2 of NRS 288.200 to conduct a hearing in the event that an impasse is declared pursuant to subsection 3. The parties and the arbitrator shall schedule a hearing of not less than 3 consecutive business days, to begin not later than June 10 immediately preceding the end of the term stated in the collective bargaining agreement or 60 days before the end of that term, whichever is earlier. As a condition of his or her selection, the arbitrator must agree to render a decision, if the hearing is held, within the time required by subsection 9. If the arbitrator fails or refuses to agree to any of the conditions stated in this subsection, the parties shall immediately proceed to select another arbitrator in the manner provided in subsection 2 of NRS 288.200 until an arbitrator is selected who agrees to those conditions.
3. If the parties to a negotiation pursuant to this section have failed to reach an agreement after at least eight sessions of negotiation, either party may declare the negotiations to be at an impasse and, after 5 days written notice is given to the other party, submit the issues remaining in dispute to the arbitrator selected pursuant to subsection 2. The arbitrator has the powers provided for fact finders in NRS 288.210.
4. The arbitrator shall, pursuant to subsection 2, hold a hearing to receive information concerning the dispute. The hearing must be held in the county in which the school district is located and the arbitrator shall arrange for a full and complete record of the hearing.
5. The parties to the dispute shall each pay one-half of the costs of the arbitration.
6. A determination of the financial ability of a school district must be based on:
(a) All existing available revenues as established by the school district , including, without limitation, any money appropriated by the State to carry out increases in salaries or benefits for the employees of the school district, and within the limitations set forth in NRS 354.6241, with due regard for the obligation of the school district to provide an education to the children residing within the district.
κ2019 Statutes of Nevada, Page 3616 (CHAPTER 565, SB 111)κ
(b) Consideration of funding for the current year being negotiated. If the parties mutually agree to arbitrate a multi-year contract the arbitrator must consider the ability to pay over the life of the contract being negotiated or arbitrated.
Κ Once the arbitrator has determined in accordance with this subsection that there is a current financial ability to grant monetary benefits, the arbitrator shall consider, to the extent appropriate, compensation of other governmental employees, both in and out of this State.
7. At the recommendation of the arbitrator, the parties may, before the submission of a final offer, enter into negotiations. If the negotiations are begun, the arbitrator may adjourn the hearing for a period of 3 weeks. If an agreement is reached, it must be submitted to the arbitrator, who shall certify it as final and binding.
8. If the parties do not enter into negotiations or do not agree within 7 days after the hearing held pursuant to subsection 4, each of the parties shall submit a single written statement containing its final offer for each of the unresolved issues.
9. The arbitrator shall, within 10 days after the final offers are submitted, render a decision on the basis of the criteria set forth in NRS 288.200. The arbitrator shall accept one of the written statements and shall report the decision to the parties. The decision of the arbitrator is final and binding on the parties. Any award of the arbitrator is retroactive to the expiration date of the last contract between the parties.
10. The decision of the arbitrator must include a statement:
(a) Giving the arbitrators reason for accepting the final offer that is the basis of the arbitrators award; and
(b) Specifying the arbitrators estimate of the total cost of the award.
11. Within 45 days after the receipt of the decision from the arbitrator, the board of trustees of the school district shall hold a public meeting in accordance with the provisions of chapter 241 of NRS. The meeting must include a discussion of:
(a) The issues submitted pursuant to subsection 3;
(b) The statement of the arbitrator pursuant to subsection 10; and
(c) The overall fiscal impact of the decision which must not include a discussion of the details of the decision.
Κ The arbitrator must not be asked to discuss the decision during the meeting.
12. The superintendent of the school district shall report to the board of trustees the fiscal impact of the decision. The report must include, without limitation, an analysis of the impact of the decision on compensation and reimbursement, funding, benefits, hours, working conditions or other terms and conditions of employment.
13. As used in this section:
(a) Educational support personnel means all classified employees of a school district, other than teachers, who are represented by an employee organization.
(b) Teacher means an employee of a school district who is licensed to teach in this State and who is represented by an employee organization.
Sec. 2. This act becomes effective on July 1, 2019.
________
κ2019 Statutes of Nevada, Page 3617κ
Assembly Bill No. 70Committee on Government Affairs
CHAPTER 566
[Approved: June 12, 2019]
AN ACT relating to meetings of public bodies; making various changes relating to meetings of public bodies; providing a penalty; and providing other matters properly relating thereto.
Legislative Counsels Digest:
The Open Meeting Law requires a public body to ensure that members of the public body and the public present at a meeting can hear or observe and participate in the meeting if any member of the public body is present by means of teleconference or videoconference. (NRS 241.010) Section 2 of this bill provides instead that if a member of the public body attends a meeting of the public body by means of teleconference or videoconference, the chair of the public body must make reasonable efforts to ensure that members of the public body and the public can hear or observe each member attending by teleconference or videoconference. Section 4 of this bill makes a conforming change.
Section 2 authorizes a public body, under certain circumstances, to conduct a public meeting by teleconference or videoconference.
Section 6.2 of this bill requires the public officers and employees responsible for a public meeting to make reasonable efforts to ensure the facilities for that meeting are large enough to accommodate the anticipated number of attendees.
Section 2.5 of this bill provides a public body may delegate authority to the chair or the executive director, or an equivalent position, to make any decision regarding litigation concerning any action or proceeding in which the public body or any member or employee of the public body is a party in an official capacity or participates or intervenes in an official capacity.
Existing law sets forth the circumstances when a public body is required to comply with the Open Meeting Law. Under existing law, a public body may gather to receive information from an attorney employed or retained by the public body regarding certain matters without complying with the Open Meeting Law. (NRS 241.015)
Section 5 of this bill authorizes, under certain circumstances, a public body to gather to receive training regarding its legal obligations without complying with the Open Meeting Law.
Section 5 requires, under certain circumstances, a subcommittee or working group of a public body to comply with the provisions of the Open Meeting Law.
The Open Meeting Law requires a public body to make supporting material for a meeting of the public body available to the public upon request. (NRS 241.020) Section 5 defines the term supporting material.
Existing law requires a public body to have a meeting recorded on audiotape or transcribed by a court reporter and provide a copy of the audio recording or transcript to a member of the public upon request at no charge. Existing law also provides this requirement does not prohibit a court reporter from charging a fee to the public body for any services relating to the transcription of a meeting. (NRS 241.035) Section 7 of this bill clarifies that a court reporter who transcribes a meeting is: (1) not prohibited from charging a fee to the public body for the transcription; and (2) not required to provide a copy of any transcript, minutes or audio recording of a meeting directly to a member of the public at no charge.
Under existing law, the Attorney General is required to investigate and prosecute any violation of the Open Meeting Law. (NRS 241.039) Section 10 of this bill: (1) requires, with limited exception, the Attorney General to investigate and prosecute a violation of the Open Meeting Law if a complaint is filed not later than 120 days after the alleged violation; and (2) gives the Attorney General discretion to investigate and prosecute a violation of the Open Meeting Law if a complaint is filed more than 120 days after the alleged violation.
κ2019 Statutes of Nevada, Page 3618 (CHAPTER 566, AB 70)κ
violation of the Open Meeting Law if a complaint is filed not later than 120 days after the alleged violation; and (2) gives the Attorney General discretion to investigate and prosecute a violation of the Open Meeting Law if a complaint is filed more than 120 days after the alleged violation.
Section 10 further requires: (1) the Attorney General to issue certain findings upon completion of an investigation; and (2) a public body to submit a response to the findings of the Attorney General not later than 30 days after receipt of the Attorney Generals findings.
Existing law makes each member of a public body who attends a meeting where action is taken in violation of the Open Meeting Law with knowledge of the fact that the meeting is in violation guilty of a misdemeanor and subject to a civil penalty of $500. (NRS 241.040) Section 12 of this bill provides instead that each member of a public body who: (1) attends a meeting where any violation of the Open Meeting Law occurs; (2) has knowledge of the violation; and (3) participates in the violation, is guilty of a misdemeanor and subject to an administrative fine, the amount of which is graduated for multiple offenses. Section 12 also creates an exception to these penalties and fines where the member violated the Open Meeting Law based on legal advice provided by an attorney employed or retained by the public body.
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 241 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 2.5 of this act.
Sec. 2. 1. A public body may conduct a meeting by means of teleconference or videoconference if:
(a) A quorum is actually or collectively present, whether in person or by means of electronic communication; and
(b) There is a physical location designated for the meeting where members of the public are permitted to attend and participate.
2. If any member of a public body attends a meeting by means of teleconference or videoconference, the chair of the public body, or his or her designee, must make reasonable efforts to ensure that:
(a) Members of the public body and members of the public present at the physical location of the meeting can hear or observe each member attending by teleconference or videoconference; and
(b) Each member of the public body in attendance can participate in the meeting.
Sec. 2.5. A public body may delegate authority to the chair or the executive director of the public body, or an equivalent position, to make any decision regarding litigation concerning any action or proceeding in which the public body or any member or employee of the public body is a party in an official capacity or participates or intervenes in an official capacity.
Sec. 3. (Deleted by amendment.)
Sec. 4. NRS 241.010 is hereby amended to read as follows:
241.010 [1.] In enacting this chapter, the Legislature finds and declares that all public bodies exist to aid in the conduct of the peoples business. It is the intent of the law that their actions be taken openly and that their deliberations be conducted openly.
[2. If any member of a public body is present by means of teleconference or videoconference at any meeting of the public body, the public body shall ensure that all the members of the public body and the members of the public who are present at the meeting can hear or observe and participate in the meeting.]
κ2019 Statutes of Nevada, Page 3619 (CHAPTER 566, AB 70)κ
public body shall ensure that all the members of the public body and the members of the public who are present at the meeting can hear or observe and participate in the meeting.]
Sec. 5. NRS 241.015 is hereby amended to read as follows:
241.015 As used in this chapter, unless the context otherwise requires:
1. Action means:
(a) A decision made by a majority of the members present, whether in person or by means of electronic communication, during a meeting of a public body;
(b) A commitment or promise made by a majority of the members present, whether in person or by means of electronic communication, during a meeting of a public body;
(c) If a public body may have a member who is not an elected official, an affirmative vote taken by a majority of the members present, whether in person or by means of electronic communication, during a meeting of the public body; or
(d) If all the members of a public body must be elected officials, an affirmative vote taken by a majority of all the members of the public body.
2. Deliberate means collectively to examine, weigh and reflect upon the reasons for or against the action. The term includes, without limitation, the collective discussion or exchange of facts preliminary to the ultimate decision.
3. Meeting:
(a) Except as otherwise provided in paragraph (b), means:
(1) The gathering of members of a public body at which a quorum is present, whether in person or by means of electronic communication, to deliberate toward a decision or to take action on any matter over which the public body has supervision, control, jurisdiction or advisory power.
(2) Any series of gatherings of members of a public body at which:
(I) Less than a quorum is present, whether in person or by means of electronic communication, at any individual gathering;
(II) The members of the public body attending one or more of the gatherings collectively constitute a quorum; and
(III) The series of gatherings was held with the specific intent to avoid the provisions of this chapter.
(b) Does not include a gathering or series of gatherings of members of a public body, as described in paragraph (a), at which a quorum is actually or collectively present, whether in person or by means of electronic communication:
(1) Which occurs at a social function if the members do not deliberate toward a decision or take action on any matter over which the public body has supervision, control, jurisdiction or advisory power.
(2) To receive information from the attorney employed or retained by the public body regarding potential or existing litigation involving a matter over which the public body has supervision, control, jurisdiction or advisory power and to deliberate toward a decision on the matter, or both.
(3) To receive training regarding the legal obligations of the public body, including, without limitation, training conducted by an attorney employed or retained by the public body, the Office of the Attorney General or the Commission on Ethics, if at the gathering the members do not deliberate toward a decision or action on any matter over which the public body has supervision, control, jurisdiction or advisory power.
4. Except as otherwise provided in NRS 241.016, public body means:
κ2019 Statutes of Nevada, Page 3620 (CHAPTER 566, AB 70)κ
(a) Any administrative, advisory, executive or legislative body of the State or a local government consisting of at least two persons which expends or disburses or is supported in whole or in part by tax revenue or which advises or makes recommendations to any entity which expends or disburses or is supported in whole or in part by tax revenue, including, but not limited to, any board, commission, committee, subcommittee or other subsidiary thereof and includes a library foundation as defined in NRS 379.0056, an educational foundation as defined in subsection 3 of NRS 388.750 and a university foundation as defined in subsection 3 of NRS 396.405, if the administrative, advisory, executive or legislative body is created by:
(1) The Constitution of this State;
(2) Any statute of this State;
(3) A city charter and any city ordinance which has been filed or recorded as required by the applicable law;
(4) The Nevada Administrative Code;
(5) A resolution or other formal designation by such a body created by a statute of this State or an ordinance of a local government;
(6) An executive order issued by the Governor; or
(7) A resolution or an action by the governing body of a political subdivision of this State;
(b) Any board, commission or committee consisting of at least two persons appointed by:
(1) The Governor or a public officer who is under the direction of the Governor, if the board, commission or committee has at least two members who are not employees of the Executive Department of the State Government;
(2) An entity in the Executive Department of the State Government , [consisting of members appointed by the Governor,] if the board, commission or committee otherwise meets the definition of a public body pursuant to this subsection; or
(3) A public officer who is under the direction of an agency or other entity in the Executive Department of the State Government , [consisting of members appointed by the Governor,] if the board, commission or committee has at least two members who are not employed by the public officer or entity; [and]
(c) A limited-purpose association that is created for a rural agricultural residential common-interest community as defined in subsection 6 of NRS 116.1201 [.] ; and
(d) A subcommittee or working group consisting of at least two persons who are appointed by a public body described in paragraph (a), (b) or (c) if:
(1) A majority of the membership of the subcommittee or working group are members or staff members of the public body that appointed the subcommittee; or
(2) The subcommittee or working group is authorized by the public body to make a recommendation to the public body for the public body to take any action.
5. Quorum means a simple majority of the membership of a public body or another proportion established by law.
6. Supporting material means material that is provided to at least a quorum of the members of a public body by a member of or staff to the public body and that the members of the public body would reasonably rely on to deliberate or take action on a matter contained in a published agenda.
κ2019 Statutes of Nevada, Page 3621 (CHAPTER 566, AB 70)κ
agenda. The term includes, without limitation, written records, audio recordings, video recordings, photographs and digital data.
7. Working day means every day of the week except Saturday, Sunday and any day declared to be a legal holiday pursuant to NRS 236.015.
Sec. 6. (Deleted by amendment.)
Sec. 6.2. NRS 241.020 is hereby amended to read as follows:
241.020 1. Except as otherwise provided by specific statute, all meetings of public bodies must be open and public, and all persons must be permitted to attend any meeting of these public bodies. A meeting that is closed pursuant to a specific statute may only be closed to the extent specified in the statute allowing the meeting to be closed. All other portions of the meeting must be open and public, and the public body must comply with all other provisions of this chapter to the extent not specifically precluded by the specific statute. Public officers and employees responsible for these meetings shall make reasonable efforts to assist and accommodate persons with physical disabilities desiring to attend.
2. If any portion of a meeting is open to the public, the public officers and employees responsible for the meeting must make reasonable efforts to ensure the facilities for the meeting are large enough to accommodate the anticipated number of attendees. No violation of this chapter occurs if a member of the public is not permitted to attend a public meeting because the facilities for the meeting have reached maximum capacity if reasonable efforts were taken to accommodate the anticipated number of attendees. Nothing in this subsection requires a public body to incur any costs to secure a facility outside the control or jurisdiction of the public body or to upgrade, improve or otherwise modify an existing facility to accommodate the anticipated number of attendees.
3. Except in an emergency, written notice of all meetings must be given at least 3 working days before the meeting. The notice must include:
(a) The time, place and location of the meeting.
(b) A list of the locations where the notice has been posted.
(c) The name and contact information for the person designated by the public body from whom a member of the public may request the supporting material for the meeting described in subsection [6] 7 and a list of the locations where the supporting material is available to the public.
(d) An agenda consisting of:
(1) A clear and complete statement of the topics scheduled to be considered during the meeting.
(2) A list describing the items on which action may be taken and clearly denoting that action may be taken on those items by placing the term for possible action next to the appropriate item or, if the item is placed on the agenda pursuant to NRS 241.0365, by placing the term for possible corrective action next to the appropriate item.
(3) Periods devoted to comments by the general public, if any, and discussion of those comments. Comments by the general public must be taken:
(I) At the beginning of the meeting before any items on which action may be taken are heard by the public body and again before the adjournment of the meeting; or
(II) After each item on the agenda on which action may be taken is discussed by the public body, but before the public body takes action on the item.
Κ The provisions of this subparagraph do not prohibit a public body from taking comments by the general public in addition to what is required pursuant to sub-subparagraph (I) or (II).
κ2019 Statutes of Nevada, Page 3622 (CHAPTER 566, AB 70)κ
pursuant to sub-subparagraph (I) or (II). Regardless of whether a public body takes comments from the general public pursuant to sub-subparagraph (I) or (II), the public body must allow the general public to comment on any matter that is not specifically included on the agenda as an action item at some time before adjournment of the meeting. No action may be taken upon a matter raised during a period devoted to comments by the general public until the matter itself has been specifically included on an agenda as an item upon which action may be taken pursuant to subparagraph (2).
(4) If any portion of the meeting will be closed to consider the character, alleged misconduct or professional competence of a person, the name of the person whose character, alleged misconduct or professional competence will be considered.
(5) If, during any portion of the meeting, the public body will consider whether to take administrative action regarding a person, the name of that person.
(6) Notification that:
(I) Items on the agenda may be taken out of order;
(II) The public body may combine two or more agenda items for consideration; and
(III) The public body may remove an item from the agenda or delay discussion relating to an item on the agenda at any time.
(7) Any restrictions on comments by the general public. Any such restrictions must be reasonable and may restrict the time, place and manner of the comments, but may not restrict comments based upon viewpoint.
[3.] 4. Minimum public notice is:
(a) Posting a copy of the notice at the principal office of the public body or, if there is no principal office, at the building in which the meeting is to be held, and at not less than three other separate, prominent places within the jurisdiction of the public body not later than 9 a.m. of the third working day before the meeting;
(b) Posting the notice on the official website of the State pursuant to NRS 232.2175 not later than 9 a.m. of the third working day before the meeting is to be held, unless the public body is unable to do so because of technical problems relating to the operation or maintenance of the official website of the State; and
(c) Providing a copy of the notice to any person who has requested notice of the meetings of the public body. A request for notice lapses 6 months after it is made. The public body shall inform the requester of this fact by enclosure with, notation upon or text included within the first notice sent. The notice must be:
(1) Delivered to the postal service used by the public body not later than 9 a.m. of the third working day before the meeting for transmittal to the requester by regular mail; or
(2) If feasible for the public body and the requester has agreed to receive the public notice by electronic mail, transmitted to the requester by electronic mail sent not later than 9 a.m. of the third working day before the meeting.
[4.] 5. For each of its meetings, a public body shall document in writing that the public body complied with the minimum public notice required by paragraph (a) of subsection [3.] 4. The documentation must be prepared by every person who posted a copy of the public notice and include, without limitation:
κ2019 Statutes of Nevada, Page 3623 (CHAPTER 566, AB 70)κ
(a) The date and time when the person posted the copy of the public notice;
(b) The address of the location where the person posted the copy of the public notice; and
(c) The name, title and signature of the person who posted the copy of the notice.
[5.] 6. If a public body maintains a website on the Internet or its successor, the public body shall post notice of each of its meetings on its website unless the public body is unable to do so because of technical problems relating to the operation or maintenance of its website. Notice posted pursuant to this subsection is supplemental to and is not a substitute for the minimum public notice required pursuant to subsection [3.] 4. The inability of a public body to post notice of a meeting pursuant to this subsection as a result of technical problems with its website shall not be deemed to be a violation of the provisions of this chapter.
[6.] 7. Upon any request, a public body shall provide, at no charge, at least one copy of:
(a) An agenda for a public meeting;
(b) A proposed ordinance or regulation which will be discussed at the public meeting; and
(c) Subject to the provisions of subsection [7 or 8,] 8 or 9, as applicable, any other supporting material provided to the members of the public body for an item on the agenda, except materials:
(1) Submitted to the public body pursuant to a nondisclosure or confidentiality agreement which relates to proprietary information;
(2) Pertaining to the closed portion of such a meeting of the public body; or
(3) Declared confidential by law, unless otherwise agreed to by each person whose interest is being protected under the order of confidentiality.
Κ The public body shall make at least one copy of the documents described in paragraphs (a), (b) and (c) available to the public at the meeting to which the documents pertain. As used in this subsection, proprietary information has the meaning ascribed to it in NRS 332.025.
[7.] 8. Unless it must be made available at an earlier time pursuant to NRS 288.153, a copy of supporting material required to be provided upon request pursuant to paragraph (c) of subsection [6] 7 must be:
(a) If the supporting material is provided to the members of the public body before the meeting, made available to the requester at the time the material is provided to the members of the public body; or
(b) If the supporting material is provided to the members of the public body at the meeting, made available at the meeting to the requester at the same time the material is provided to the members of the public body.
Κ If the requester has agreed to receive the information and material set forth in subsection [6] 7 by electronic mail, the public body shall, if feasible, provide the information and material by electronic mail.
[8.] 9. Unless the supporting material must be posted at an earlier time pursuant to NRS 288.153, the governing body of a county or city whose population is 45,000 or more shall post the supporting material described in paragraph (c) of subsection [6] 7 to its website not later than the time the material is provided to the members of the governing body or, if the supporting material is provided to the members of the governing body at a meeting, not later than 24 hours after the conclusion of the meeting. Such posting is supplemental to the right of the public to request the supporting material pursuant to subsection [6.]
κ2019 Statutes of Nevada, Page 3624 (CHAPTER 566, AB 70)κ
posting is supplemental to the right of the public to request the supporting material pursuant to subsection [6.] 7. The inability of the governing body, as a result of technical problems with its website, to post supporting material pursuant to this subsection shall not be deemed to be a violation of the provisions of this chapter.
[9.] 10. A public body may provide the public notice, information or supporting material required by this section by electronic mail. Except as otherwise provided in this subsection, if a public body makes such notice, information or supporting material available by electronic mail, the public body shall inquire of a person who requests the notice, information or supporting material if the person will accept receipt by electronic mail. If a public body is required to post the public notice, information or supporting material on its website pursuant to this section, the public body shall inquire of a person who requests the notice, information or supporting material if the person will accept by electronic mail a link to the posting on the website when the documents are made available. The inability of a public body, as a result of technical problems with its electronic mail system, to provide a public notice, information or supporting material or a link to a website required by this section to a person who has agreed to receive such notice, information, supporting material or link by electronic mail shall not be deemed to be a violation of the provisions of this chapter.
[10.] 11. As used in this section, emergency means an unforeseen circumstance which requires immediate action and includes, but is not limited to:
(a) Disasters caused by fire, flood, earthquake or other natural causes; or
(b) Any impairment of the health and safety of the public.
Sec. 6.5. NRS 241.033 is hereby amended to read as follows:
241.033 1. Except as otherwise provided in subsection 7, a public body shall not hold a meeting to consider the character, alleged misconduct, professional competence, or physical or mental health of any person or to consider an appeal by a person of the results of an examination conducted by or on behalf of the public body unless it has:
(a) Given written notice to that person of the time and place of the meeting; and
(b) Received proof of service of the notice.
2. The written notice required pursuant to subsection 1:
(a) Except as otherwise provided in subsection 3, must be:
(1) Delivered personally to that person at least 5 working days before the meeting; or
(2) Sent by certified mail to the last known address of that person at least 21 working days before the meeting.
(b) May, with respect to a meeting to consider the character, alleged misconduct, professional competence, or physical or mental health of a person, include an informational statement setting forth that the public body may, without further notice, take administrative action against the person if the public body determines that such administrative action is warranted after considering the character, alleged misconduct, professional competence, or physical or mental health of the person.
(c) Must include:
(1) A list of the general topics concerning the person that will be considered by the public body during the closed meeting; and
(2) A statement of the provisions of subsection 4, if applicable.
κ2019 Statutes of Nevada, Page 3625 (CHAPTER 566, AB 70)κ
3. The Nevada Athletic Commission is exempt from the requirements of subparagraphs (1) and (2) of paragraph (a) of subsection 2, but must give written notice of the time and place of the meeting and must receive proof of service of the notice before the meeting may be held.
4. If a public body holds a closed meeting or closes a portion of a meeting to consider the character, alleged misconduct, professional competence, or physical or mental health of a person, the public body must allow that person to:
(a) Attend the closed meeting or that portion of the closed meeting during which the character, alleged misconduct, professional competence, or physical or mental health of the person is considered;
(b) Have an attorney or other representative of the persons choosing present with the person during the closed meeting; and
(c) Present written evidence, provide testimony and present witnesses relating to the character, alleged misconduct, professional competence, or physical or mental health of the person to the public body during the closed meeting.
5. Except as otherwise provided in subsection 4, with regard to the attendance of persons other than members of the public body and the person whose character, alleged misconduct, professional competence, physical or mental health or appeal of the results of an examination is considered, the chair of the public body may at any time before or during a closed meeting:
(a) Determine which additional persons, if any, are allowed to attend the closed meeting or portion thereof; or
(b) Allow the members of the public body to determine, by majority vote, which additional persons, if any, are allowed to attend the closed meeting or portion thereof.
6. A public body shall provide a copy of any record of a closed meeting prepared pursuant to NRS 241.035, upon the request of any person who received written notice of the closed meeting pursuant to subsection 1.
7. For the purposes of this section:
(a) A meeting held to consider an applicant for employment is not subject to the notice requirements otherwise imposed by this section.
(b) Casual or tangential references to a person or the name of a person during a [closed] meeting do not constitute consideration of the character, alleged misconduct, professional competence, or physical or mental health of the person.
(c) A meeting held to recognize or award positive achievements of a person, including, without limitation, honors, awards, tenure and commendations, is not subject to the notice requirements otherwise imposed by this section.
Sec. 7. NRS 241.035 is hereby amended to read as follows:
241.035 1. Each public body shall keep written minutes of each of its meetings, including:
(a) The date, time and place of the meeting.
(b) Those members of the public body who were present, whether in person or by means of electronic communication, and those who were absent.
(c) The substance of all matters proposed, discussed or decided and, at the request of any member, a record of each members vote on any matter decided by vote.
(d) The substance of remarks made by any member of the general public who addresses the public body if the member of the general public requests that the minutes reflect those remarks or, if the member of the general public has prepared written remarks, a copy of the prepared remarks if the member of the general public submits a copy for inclusion.
κ2019 Statutes of Nevada, Page 3626 (CHAPTER 566, AB 70)κ
that the minutes reflect those remarks or, if the member of the general public has prepared written remarks, a copy of the prepared remarks if the member of the general public submits a copy for inclusion.
(e) Any other information which any member of the public body requests to be included or reflected in the minutes.
Κ Unless good cause is shown, a public body shall approve the minutes of a meeting within 45 days after the meeting or at the next meeting of the public body, whichever occurs later.
2. Minutes of public meetings are public records. Minutes or an audio recording of a meeting made in accordance with subsection 4 must be made available for inspection by the public within 30 working days after adjournment of the meeting. A copy of the minutes or audio recording must be made available to a member of the public upon request at no charge. The minutes shall be deemed to have permanent value and must be retained by the public body for at least 5 years. Thereafter, the minutes may be transferred for archival preservation in accordance with NRS 239.080 to 239.125, inclusive. Minutes of meetings closed pursuant to:
(a) Paragraph (a) of subsection 1 of NRS 241.030 become public records when the public body determines that the matters discussed no longer require confidentiality and the person whose character, conduct, competence or health was considered has consented to their disclosure. That person is entitled to a copy of the minutes upon request whether or not they become public records.
(b) Paragraph (b) of subsection 1 of NRS 241.030 become public records when the public body determines that the matters discussed no longer require confidentiality.
(c) Paragraph (c) of subsection 1 of NRS 241.030 become public records when the public body determines that the matters considered no longer require confidentiality and the person who appealed the results of the examination has consented to their disclosure, except that the public body shall remove from the minutes any references to the real name of the person who appealed the results of the examination. That person is entitled to a copy of the minutes upon request whether or not they become public records.
3. All or part of any meeting of a public body may be recorded on audiotape or any other means of sound or video reproduction by a member of the general public if it is a public meeting so long as this in no way interferes with the conduct of the meeting.
4. Except as otherwise provided in subsection [7,] 8, a public body shall, for each of its meetings, whether public or closed, record the meeting on audiotape or another means of sound reproduction or cause the meeting to be transcribed by a court reporter who is certified pursuant to chapter 656 of NRS. If a public body makes an audio recording of a meeting or causes a meeting to be transcribed pursuant to this subsection, the audio recording or transcript:
(a) Must be retained by the public body for at least [1 year] 3 years after the adjournment of the meeting at which it was recorded or transcribed;
(b) Except as otherwise provided in this section, is a public record and must be made available for inspection by the public during the time the recording or transcript is retained; and
(c) Must be made available to the Attorney General upon request.
5. The requirement set forth in subsection 2 that a public body make available a copy of the minutes or audio recording of a meeting to a member of the public upon request at no charge does not [:
κ2019 Statutes of Nevada, Page 3627 (CHAPTER 566, AB 70)κ
(a) Prohibit] prohibit a court reporter who is certified pursuant to chapter 656 of NRS from charging a fee to the public body for any services relating to the transcription of a meeting . [; or
(b) Require a]
6. A court reporter who transcribes a meeting is not required to provide a copy of any transcript, minutes or audio recording of the meeting prepared by the court reporter directly to a member of the public at no charge.
[6.] 7. Except as otherwise provided in subsection [7,] 8, any portion of a public meeting which is closed must also be recorded or transcribed and the recording or transcript must be retained and made available for inspection pursuant to the provisions of subsection 2 relating to records of closed meetings. Any recording or transcript made pursuant to this subsection must be made available to the Attorney General upon request.
[7.] 8. If a public body makes a good faith effort to comply with the provisions of subsections 4 and [6] 7 but is prevented from doing so because of factors beyond the public bodys reasonable control, including, without limitation, a power outage, a mechanical failure or other unforeseen event, such failure does not constitute a violation of the provisions of this chapter.
Secs. 8 and 9. (Deleted by amendment.)
Sec. 10. NRS 241.039 is hereby amended to read as follows:
241.039 1. A complaint that alleges a violation of this chapter may be filed with the Office of the Attorney General. The Office of the Attorney General shall notify a public body identified in a complaint of the alleged violation not more than 14 days after the complaint is filed.
2. Except as otherwise provided in subsection 3 and NRS 241.0365, the Attorney General [shall] :
(a) Shall investigate and prosecute any violation of this chapter [.] alleged in a complaint filed not later than 120 days after the alleged violation with the Office of the Attorney General.
(b) Except as otherwise provided in paragraph (c), shall not investigate and prosecute any violation of this chapter alleged in a complaint filed with the Office of the Attorney General later than 120 days after the alleged violation.
(c) May, at his or her discretion, investigate and prosecute any violation of this chapter alleged in a complaint filed more than 120 days after the alleged violation with the Office of the Attorney General if:
(1) The alleged violation was not discoverable at the time that the alleged violation occurred; and
(2) The complaint is filed not more than 1 year after the alleged violation with the Office of the Attorney General.
3. The Attorney General is not required to investigate or prosecute any alleged violation of this chapter if the Attorney General determines that the interests of the person who filed the complaint are not significantly affected by the action of the public body that is alleged to violate this chapter. For purposes of this subsection, the interests of the person who filed the complaint are not significantly affected by the action of the public body that is alleged to violate this chapter unless:
(a) The person who filed the complaint would have standing to challenge the action of the public body in a court of law; or
(b) The person who filed the complaint:
(1) Is a natural person and resides within the geographic area over which the public body has jurisdiction; or
κ2019 Statutes of Nevada, Page 3628 (CHAPTER 566, AB 70)κ
(2) Is any form of business, a social organization, a labor organization or any other nongovernmental legal entity in this State that has a mission or purpose to foster or protect democratic principles or promote transparency in government.
4. Except as otherwise provided in subsection [6] 7 and NRS 239.0115, all documents and other information compiled as a result of an investigation conducted pursuant to subsection 2 are confidential until the investigation is closed.
[4.] 5. In any investigation conducted pursuant to subsection 2, the Attorney General may issue subpoenas for the production of any relevant documents, records or materials.
[5.] 6. A person who willfully fails or refuses to comply with a subpoena issued pursuant to this section is guilty of a misdemeanor.
[6.] 7. The following are public records:
(a) A complaint filed pursuant to subsection 1.
(b) Every finding of fact or conclusion of law made by the Attorney General relating to a complaint filed pursuant to subsection 1.
(c) Any document or information compiled as a result of an investigation conducted pursuant to subsection 2 that may be requested pursuant to NRS 239.0107 from a governmental entity other than the Office of the Attorney General.
8. Upon completion of an investigation conducted pursuant to subsection 2, the Attorney General shall inform the public body that is the subject of the investigation and issue, as applicable:
(a) A finding that no violation of this chapter occurred; or
(b) A finding that a violation of this chapter occurred, along with findings of fact and conclusions of law that support the finding that a violation of this chapter occurred.
9. A public body or, if authorized by the public body, an attorney employed or retained by the public body, shall submit a response to the Attorney General not later than 30 days after receipt of any finding that the public body violated this chapter. If the Attorney General does not receive a response within 30 days after receipt of the finding, it shall be deemed that the public body disagrees with the finding of the Attorney General.
Sec. 11. NRS 241.0395 is hereby amended to read as follows:
241.0395 1. If the Attorney General makes findings of fact and conclusions of law that a public body has [taken action in violation of] violated any provision of this chapter, the public body must include an item on the next agenda posted for a meeting of the public body which acknowledges the existence of the findings of fact and conclusions of law. The opinion of the Attorney General must be treated as supporting material for the item on the agenda for the purposes of NRS 241.020.
2. The inclusion of an item on the agenda for a meeting of a public body pursuant to subsection 1 is not an admission of wrongdoing for the purposes of a civil action, criminal prosecution or injunctive relief.
Sec. 12. NRS 241.040 is hereby amended to read as follows:
241.040 1. [Each] Except as otherwise provided in subsection 6, each member of a public body who attends a meeting of that public body where [action is taken in violation of] any [provision] violation of this chapter [, with] occurs, has knowledge of the [fact that the meeting is in violation thereof,] violation and participates in the violation, is guilty of a misdemeanor.
κ2019 Statutes of Nevada, Page 3629 (CHAPTER 566, AB 70)κ
2. [Wrongful] Except as otherwise provided in subsection 6, wrongful exclusion of any person or persons from a meeting is a misdemeanor.
3. A member of a public body who attends a meeting of that public body at which [action is taken in] a violation of this chapter occurs is not the accomplice of any other member so attending.
4. [In] Except as otherwise provided in subsection 6, in addition to any criminal penalty imposed pursuant to this section, each member of a public body who attends a meeting of that public body where [action is taken in violation of] any [provision] violation of this chapter [,] occurs and who participates in such [action the meeting] violation with knowledge of the violation, is subject to [a civil penalty] an administrative fine in an amount not to exceed :
(a) For a first offense, $500 [. The Attorney General may recover the penalty] ;
(b) For a second offense, $1,000; and
(c) For a third or subsequent offense, $2,500.
5. The Attorney General may recover the penalty in a civil action brought in the name of the State of Nevada in any court of competent jurisdiction. Such an action must be commenced within 1 year after the [date of the action taken in violation of this chapter.] fine is assessed.
6. No criminal penalty or administrative fine may be imposed upon a member of a public body pursuant to this section if a member of a public body violates a provision of this chapter as a result of legal advice provided by an attorney employed or retained by the public body.
Secs. 13-37. (Deleted by amendment.)
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Assembly Bill No. 71Committee on Government Affairs
CHAPTER 567
[Approved: June 12, 2019]
AN ACT relating to state financial administration; authorizing the Attorney General to enter into an agreement with a tribal government for the provision of grants and loans to the tribal government from the Disaster Relief Account because of a disaster; creating a revolving account for the provision of grants relating to owner-occupied homes damaged by disasters; authorizing a temporary advance to the Emergency Assistance Account from the State General Fund for the payment of expenses incurred during a state of emergency or declaration of disaster under certain circumstances; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law creates the Disaster Relief Account in the State General Fund and provides for the distribution of money in that Account as a grant or loan to a state agency or a local government because of specified disastrous events. (NRS 353.2705-353.2771) Section 2 of this bill authorizes the Attorney General to enter into an agreement with a tribal government to provide for a grant or loan to the tribal government from the Account because of a disaster. Section 2 requires that the provisions of such an agreement require the tribal government to substantially comply with the requirements and procedures in existing law relating to the request for and distribution of a grant or loan from the Disaster Relief Account that apply to a local government.
κ2019 Statutes of Nevada, Page 3630 (CHAPTER 567, AB 71)κ
provisions of such an agreement require the tribal government to substantially comply with the requirements and procedures in existing law relating to the request for and distribution of a grant or loan from the Disaster Relief Account that apply to a local government. Sections 6, 7 and 9 of this bill make conforming changes.
Section 3 of this bill creates a revolving account within the State General Fund for the awarding of grants by the Division of Emergency Management of the Department of Public Safety to persons who own and occupy homes damaged by a disaster for costs related to the damages. Section 3 provides for the funding of the grants through transfers from the Disaster Relief Account to the revolving account. Section 8 of this bill makes a conforming change.
Existing law creates the Emergency Assistance Account in the State General Fund: (1) to provide supplemental emergency assistance to this State or to local governments in this State that are affected by an emergency or disaster for which available resources of this State or the local government are inadequate to provide a satisfactory remedy; or (2) to pay any actual expenses incurred by the Division for administration during an emergency or disaster. (NRS 414.135) Section 4 of this bill authorizes a temporary advance from the State General Fund to the Emergency Assistance Account for payment of expenses that are authorized to be paid from that Account relating to a state of emergency or declaration of disaster if the Chief of the Division determines that the balance in the Account is insufficient to cover those expenses.
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 353 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. 1. The Attorney General may enter into an agreement with a tribal government to provide for the distribution of money from the Account as a grant or loan to the tribal government because of a disaster. The provisions of such an agreement must require:
(a) The tribal government to substantially comply with the provisions of NRS 353.2705 to 353.2771, inclusive, and sections 2 and 3 of this act, as those provisions apply to a local government; and
(b) The Division to administer such a grant or loan.
2. Tribal government has the meaning ascribed to it in NRS 239C.105.
Sec. 3. 1. The Division shall establish a revolving account within the State General Fund for the awarding of grants by the Division from the revolving account to persons who own and occupy homes damaged by a disaster for costs related to the damages.
2. Upon the declaration of a disaster pursuant to NRS 414.070, the Chief of the Division may request approval of the Interim Finance Committee for the transfer of money from the Disaster Relief Account to the revolving account. The Interim Finance Committee shall not approve such a transfer of money to the revolving account if the transfer would result in a balance in the revolving account that is more than 25 percent of the balance of the Disaster Relief Account.
3. The Division shall adopt such regulations as are necessary to carry out the provisions of this section, including, without limitation, regulations prescribing standards for eligibility for a grant pursuant to this section.
Sec. 4. 1. If, during a state of emergency or declaration of disaster proclaimed pursuant to NRS 414.070, the Chief of the Division of Emergency Management of the Department of Public Safety determines that the balance in the Emergency Assistance Account created by NRS 414.135 is insufficient to cover the expenses relating to the emergency or disaster that are authorized pursuant to NRS 414.135, the Chief may request from the Director of the Office of Finance a temporary advance from the State General Fund to the Emergency Assistance Account for the payment of those expenses.
κ2019 Statutes of Nevada, Page 3631 (CHAPTER 567, AB 71)κ
Emergency Management of the Department of Public Safety determines that the balance in the Emergency Assistance Account created by NRS 414.135 is insufficient to cover the expenses relating to the emergency or disaster that are authorized pursuant to NRS 414.135, the Chief may request from the Director of the Office of Finance a temporary advance from the State General Fund to the Emergency Assistance Account for the payment of those expenses.
2. The Director of the Office of Finance shall notify the State Controller and the Fiscal Analysis Division of the Legislative Counsel Bureau of his or her approval of a request made pursuant to subsection 1. The State Controller shall draw his or her warrant upon receipt of the approval by the Director of the Office of Finance.
3. Any money which is advanced from the State General Fund to the Emergency Assistance Account pursuant to subsection 1 must be repaid as soon as the money which the advance replaced is deposited in the Emergency Assistance Account.
Sec. 5. NRS 353.2705 is hereby amended to read as follows:
353.2705 As used in NRS 353.2705 to 353.2771, inclusive, and sections 2 and 3 of this act, unless the context otherwise requires, the words and terms defined in NRS 353.2707 to 353.2731, inclusive, have the meanings ascribed to them in those sections.
Sec. 6. NRS 353.271 is hereby amended to read as follows:
353.271 Disaster means a fire, flood, earthquake, drought, explosion, civil disturbance, crisis involving violence on school property, at a school activity or on a school bus, or any other occurrence or threatened occurrence that, regardless of cause:
1. Results in, or may result in, widespread or severe damage to property or injury to or the death of persons in this State; and
2. As determined by:
(a) The Governor; [or]
(b) The governing body of a local government pursuant to NRS 414.090 or an agreement entered into pursuant to section 2 of this act and the Division pursuant to NRS 353.2753,
Κ requires immediate action to protect the health, safety and welfare of the residents of this State.
Sec. 7. NRS 353.2731 is hereby amended to read as follows:
353.2731 Local government has the meaning ascribed to it in NRS 354.474. The term includes, without limitation, a tribal government that has entered into an agreement pursuant to section 2 of this act.
Sec. 8. NRS 353.2735 is hereby amended to read as follows:
353.2735 1. The Disaster Relief Account is hereby created in the State General Fund. The Interim Finance Committee shall administer the Disaster Relief Account.
2. The Division may accept grants, gifts or donations for deposit in the Disaster Relief Account. Except as otherwise provided in subsection 3, money received from:
(a) A direct legislative appropriation to the Disaster Relief Account;
(b) A transfer from the State General Fund in an amount equal to not more than 10 percent of the aggregate balance in the Account to Stabilize the Operation of the State Government made pursuant to NRS 353.288; and
(c) A grant, gift or donation to the Disaster Relief Account,
κ2019 Statutes of Nevada, Page 3632 (CHAPTER 567, AB 71)κ
Κ must be deposited in the Disaster Relief Account. Except as otherwise provided in NRS 414.135, the interest and income earned on the money in the Disaster Relief Account must, after deducting any applicable charges, be credited to the Disaster Relief Account.
3. If, at the end of each quarter of a fiscal year, the balance in the Disaster Relief Account exceeds 0.75 percent of the total amount of all appropriations from the State General Fund for the operation of all departments, institutions and agencies of State Government and authorized expenditures from the State General Fund for the regulation of gaming for that fiscal year, the State Controller shall not, until the balance in the Disaster Relief Account is 0.75 percent or less of that amount, transfer any money in the Account to Stabilize the Operation of the State Government from the State General Fund to the Disaster Relief Account pursuant to the provisions of NRS 353.288.
4. Money in the Disaster Relief Account may be used for any purpose authorized by the Legislature or distributed through grants to persons who own and occupy homes damaged by a disaster pursuant to section 3 of this act or through grants and loans to state agencies and local governments as provided in NRS 353.2705 to 353.2771, inclusive [.] , and sections 2 and 3 of this act. Except as otherwise provided in NRS 353.276, [such] grants to state agencies and local governments will be disbursed on the basis of reimbursement of costs authorized pursuant to NRS 353.274 and 353.2745.
5. If the State Board of Examiners receives a notice submitted to and forwarded by the Division pursuant to subsections 1 and 2 of NRS 353.2755, the State Board of Examiners shall estimate:
(a) The money in the Disaster Relief Account that is available for grants and loans for the disaster that is the subject of the notice pursuant to the provisions of NRS 353.2705 to 353.2771, inclusive [;] , and sections 2 and 3 of this act; and
(b) The anticipated amount of those grants and loans for the disaster.
Κ Except as otherwise provided in this subsection, if the anticipated amount determined pursuant to paragraph (b) exceeds the available money in the Disaster Relief Account for such grants and loans, all grants and loans from the Disaster Relief Account for the disaster must be reduced in the same proportion that the anticipated amount of the grants and loans exceeds the money in the Disaster Relief Account that is available for grants and loans for the disaster. If the reduction of a grant or loan from the Disaster Relief Account would result in a reduction in the amount of money that may be received by a state agency or local government from the Federal Government, the reduction in the grant or loan must not be made.
Sec. 9. NRS 353.2754 is hereby amended to read as follows:
353.2754 A local government may request a grant or loan from the Account if:
1. Pursuant to NRS 414.090 [,] or an agreement entered into pursuant to section 2 of this act, the governing body of the local government determines that an event which has occurred constitutes a disaster; and
2. After the Division conducts an assessment of the damages pursuant to NRS 353.2753, the Division determines that an event has occurred that constitutes a disaster.
Sec. 10. 1. This section and sections 1, 2, 3 and 5 to 9, inclusive, of this act become effective upon passage and approval.
2. Section 4 of this act becomes effective on July 1, 2019.
________
κ2019 Statutes of Nevada, Page 3633κ
Assembly Bill No. 77Committee on Commerce and Labor
CHAPTER 568
[Approved: June 12, 2019]
AN ACT relating to optometry; authorizing an assistant to perform activities relating to optometry under certain circumstances; providing for the certification of a mobile optometry clinic; providing for certification by endorsement to treat a person diagnosed with glaucoma; revising the acts which constitute the practice of optometry; revising certain exemptions relating to the practice of optometry; revising provisions governing the Nevada State Board of Optometry and the Executive Director of the Board; revising provisions governing the preparation of a roster of licensees; authorizing the Board to adopt certain policies; requiring the Board to establish, review and revise a schedule of fees; revising provisions which authorize the Board to impose certain penalties; revising provisions governing the qualification and examination of an applicant for a license to practice optometry; expanding the period required for the renewal of a license to practice optometry; revising provisions governing the restoration of a license to practice optometry; revising the requirements for certification to prescribe pharmaceutical agents; revising provisions governing the issuance of a certificate to treat glaucoma; revising certain provisions governing disciplinary actions against a licensee; revising provisions relating to the submission of a complaint against a licensee; revising provisions governing the location at which a licensee practices optometry; prohibiting an optometrist from entering into certain leases with a person who is not licensed as an optometrist; prohibiting a person from directly or indirectly supervising an optometrist under certain circumstances; revising provisions governing service of process and the transmission of certain notices by the Board; authorizing any licensed optometrist to administer topical diagnostic ophthalmic agents; revising provisions governing the issuance of an administrative fine for certain violations; providing penalties; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law extensively regulates the practice of optometry in this State, including, without limitation, provisions governing the: (1) creation of the Nevada State Board of Optometry; (2) issuance and renewal of a license to practice optometry; (3) issuance and renewal of a license for an accredited school or college of optometry to establish an extended clinical facility for the treatment of visual disorders; (4) certification of an optometrist to administer and prescribe therapeutic pharmaceutical agents; (5) issuance of a certificate to treat persons diagnosed with glaucoma; and (6) payment of fees for such licenses and certificates. (Chapter 636 of NRS) This bill makes numerous changes to the provisions of existing law governing the practice of optometry.
Sections 2, 35-39, 48.95 and 60-63 of this bill revise provisions governing the administering and prescribing of a pharmaceutical agent by an optometrist. Section 3 of this bill authorizes an assistant in any setting where optometry is practiced to fit ophthalmic lenses or spectacle lenses and perform certain other activities if the assistant acts under the direct supervision of a licensed optometrist.
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assistant acts under the direct supervision of a licensed optometrist. Section 4 of this bill sets forth the requirements for the issuance of a certificate to own or operate a mobile optometry clinic. Section 4.5 of this bill provides for the issuance of a certificate by endorsement to treat a person diagnosed with glaucoma. Sections 6-9 of this bill revise the definitions of advertise, contact lens, diagnostic pharmaceutical agents and prescription. Section 10 of this bill expands the acts which constitute the practice of optometry to include, without limitation, removing eyelashes with forceps and closing the lacrimal punctum of an eye. Section 10.5 of this bill revises provisions concerning the applicability of chapter 636 of NRS governing the practice of optometry. Section 11 of this bill revises the circumstances under which a person is exempt from the provisions of chapter 636 of NRS regulating the practice of optometry.
Section 12 of this bill requires the Board to take certain actions at its first meeting held during each fiscal year. Section 13 of this bill repeals provisions which require the Executive Director of the Board to file a performance bond with the Governor. Section 14 of this bill clarifies that the Board may employ consultants. Section 15 of this bill amends certain provisions governing the filing of a complaint to initiate disciplinary action. Section 17 of this bill requires the Board to periodically prepare and make available a roster of all licensees. Section 18 of this bill authorizes the Board to adopt policies necessary to carry out the provisions of chapter 636 of NRS governing the practice of optometry. Section 19 of this bill revises certain provisions governing the accreditation of schools which teach optometry. Section 20 of this bill requires the Board to establish, review and revise a schedule of fees at least once every 2 years. Section 20 also sets forth the maximum amount of fees that the Board may include in the schedule.
Section 21 of this bill revises provisions which authorize the Board to impose certain penalties against a person who engages in the practice of optometry in this State without a license to practice optometry or a renewal card for the license. Sections 22-27 of this bill revise the requirements for the issuance of a license to practice optometry, including, without limitation, the examinations, scores and payment of fees required for the license. Section 28 of this bill requires the payment of a fee for the renewal of a license for an accredited school or college of optometry to establish an extended clinical facility for the treatment of visual disorders and revises the period during which the license is effective.
Sections 29-33 of this bill provide for the renewal of and the payment of fees for the renewal of a license to practice optometry on certain dates occurring during even-numbered years. Section 34 of this bill: (1) authorizes the restoration of a suspended license within 90 days after the license is suspended upon the completion of certain acts by the licensee; and (2) provides for the expiration of the license if those acts are not completed within that period.
Section 39 of this bill revises provisions relating to the prescription of a controlled substance by an optometrist.
Section 40 of this bill revises the circumstances under which an optometrist is required to obtain a certificate to treat persons diagnosed with glaucoma and to refer those persons to an ophthalmologist for treatment. Section 41 of this bill revises the requirements which the Board must include in its regulations relating to the issuance of a certificate to treat persons diagnosed with glaucoma. Section 41.5 of this bill clarifies that a person licensed to practice optometry in this State is subject to the jurisdiction of the Board regardless of whether the license is expired, suspended or revoked. Section 41.5 also revises the manner in which the Board may discipline a licensee.
Sections 42-45 of this bill revise the acts which constitute sufficient cause for disciplinary action or which constitute unethical or unprofessional conduct. Sections 46 and 47 of this bill revise the requirements for making and hearing a complaint against a licensee. Sections 48.3 and 48.6 of this bill revise: (1) the manner in which a disciplinary hearing must be conducted; and (2) the actions that the Board may take upon finding by a preponderance of the evidence that a person has engaged in one or more grounds for disciplinary action.
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more grounds for disciplinary action. Section 48.9 of this bill repeals certain provisions which authorize the appeal of a decision to revoke or suspend a license.
Section 49 of this bill prohibits an optometrist from owning all or any portion of an optometry practice under an assumed or fictitious name unless the optometrist is issued a certificate of registration to practice optometry under the assumed or fictitious name at a specific location. An application for the certificate must be accompanied by certain proof satisfactory to the Board. Section 49 also requires certain names to be displayed near the entrance of the office of an optometrist who is issued a certificate of registration. Section 50 of this bill revises provisions relating to the unauthorized use of a license to practice optometry or a renewal card for the license. Section 51 of this bill authorizes the Board or the Executive Director of the Board to issue a duplicate license and renewal card for each location at which a licensee practices optometry. Section 52 of this bill requires a licensee to notify the Executive Director in writing before establishing an additional location to practice optometry. Section 53 of this bill prohibits an optometrist from entering into certain leases with a person who is not licensed as an optometrist. Section 53.5 of this bill prohibits a person who is not licensed as an optometrist from supervising an optometrist or controlling, dictating or influencing the professional judgment of a licensed optometrist. Section 54 of this bill revises the requirements for an optometrist to collaborate with an ophthalmologist. Section 55 of this bill sets forth the manner in which service of process must be made and authorizes the transmission by electronic mail or facsimile machine any notice that is required to be given by the Board or the Executive Director of the Board to a person. Section 56 of this bill authorizes any licensed optometrist to administer topical diagnostic ophthalmic agents. Section 57 of this bill revises provisions governing forms for prescriptions for contact lenses and prohibits a prescription for spectacle lenses from being construed in a certain manner. Section 59 of this bill provides that any person who is licensed under chapter 636 of NRS and who engages in certain grounds for disciplinary action is liable to the Board for an administrative fine of not more than $5,000 for each violation.
Section 65 of this bill repeals certain provisions governing the practice of optometry.
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 636 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 4.5, inclusive, of this act.
Sec. 2. Pharmaceutical agent means any topical or oral drug used or prescribed by a licensee for the examination, management or treatment of an abnormality, disease or condition of the eye or its appendages, including, without limitation, any analgesic drug subject to the requirements of NRS 636.2882 or added to schedule III, schedule IV or schedule V by the State Board of Pharmacy by regulation pursuant to NRS 453.146. The term does not include any drug or other substance added to schedule I or schedule II by the State Board of Pharmacy pursuant to that section.
Sec. 3. 1. In any setting where optometry is practiced, an assistant may fit ophthalmic lenses or spectacle lenses if the assistant acts under the direct supervision of a licensed optometrist.
2. In addition to the provisions of subsection 1, an assistant in any setting where optometry is practiced may perform any of the following activities under the direct supervision of a licensed optometrist:
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(a) Prepare a patient for examination.
(b) Collect preliminary data concerning a patient, including taking the medical history of the patient.
(c) Perform simple and noninvasive testing of a patient in preparation for any subjective refraction, testing, evaluation, interpretation, diagnosis or treatment of the patient by the licensed optometrist.
(d) For an ophthalmic purpose, administer any cycloplegic or mydriatic agent or topical anesthetic that is not a controlled substance.
(e) Use an ophthalmic device or oversee ocular exercises, visual training, visual therapy or visual rehabilitation as directed by a licensed optometrist.
3. If an assistant conducts any activities pursuant to subsection 2, the licensed optometrist must conduct the final eye examination of the patient.
4. As used in this section, assistant means a person employed by an optometrist or any medical provider or medical facility at which the optometrist provides or offers to provide his or her services as an optometrist.
Sec. 4. 1. Notwithstanding any provision of this chapter to the contrary, a licensee, nonprofit or charitable organization, governmental agency or school in this State who obtains a certificate pursuant to this section may own or operate a mobile optometry clinic pursuant to this section. An application for the issuance or renewal of a certificate to own or operate the clinic must be submitted on a form approved by the Board and include any fees established by the Board pursuant to subsection 4. As soon as practicable after receiving an application and the appropriate fees, the Board shall approve or deny the application based upon the criteria established by the Board pursuant to subsection 4. A certificate issued to own or operate a mobile optometry clinic must be renewed on or before March 1 of each even-numbered year.
2. A certified mobile optometry clinic may include any equipment required to operate the clinic, including, without limitation, a motor vehicle or a motor vehicle and trailer which may be moved from one location to another. Any optometric services available at the clinic must be provided under the direction and control of a licensee. Any final examination of a patient at the mobile optometry clinic must be completed by the licensee.
3. A certified mobile optometry clinic may only provide optometric services to:
(a) Governmental agencies;
(b) Patients with impaired or restricted mobility;
(c) Members of low-income and other medically underserved groups in the State; and
(d) Academic programs.
4. The Board shall adopt:
(a) Regulations setting forth:
(1) The requirements for the issuance and renewal of a certificate to operate a mobile optometry clinic; and
(2) The amount of the fees for the issuance and renewal of the certificate; and
(b) Any other regulations necessary to carry out the provisions of this section.
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Sec. 4.5. 1. The Board may issue a certificate by endorsement to treat a person diagnosed with glaucoma to an applicant who meets the requirements of this section.
2. An applicant for a certificate by endorsement must submit an application to the Executive Director in a form prescribed by the Board. The application must include the following information:
(a) Proof satisfactory to the Board that the applicant:
(1) Holds a valid and unrestricted certificate or other credential approved by the Board to engage in the treatment of a person with glaucoma issued in any state, the District of Columbia, the Commonwealth of Puerto Rico or any other territory or possession of the United States which the Board has determined was issued in accordance with requirements that are substantially similar to those applicable to the issuance of a certificate to treat persons diagnosed with glaucoma in this State pursuant to NRS 636.2893; and
(2) Has had no adverse actions reported to the National Practitioner Data Bank, or its successor organization, within the past 5 years;
(b) An affidavit stating that the information set forth in the application and any accompanying material is true and correct; and
(c) Any other information required by the Board.
3. Not later than 15 business days after receiving an application for a certificate by endorsement to treat a person diagnosed with glaucoma, the Executive Director shall provide a written notice to the applicant if any additional information is required to consider the application. Unless the application is denied for good cause, the Board shall approve the application and issue a certificate to treat a person diagnosed with glaucoma by endorsement within 45 days after receiving the application.
Sec. 5. NRS 636.015 is hereby amended to read as follows:
636.015 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 636.016 to [636.024,] 636.023, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.
Sec. 6. NRS 636.016 is hereby amended to read as follows:
636.016 Advertise means the commercial use of any medium, including, but not limited to, any brochures or business cards, the Internet, radio or television, or a newspaper, magazine, sign or other printed [matter,] or electronic medium, by an optometrist to bring the services or materials offered by the optometrist to the attention of members of the general public.
Sec. 7. NRS 636.018 is hereby amended to read as follows:
636.018 Contact lens means an ophthalmic lens prescribed for application on the anterior surface of the eye. The term includes any plano lens or cosmetic lens.
Sec. 8. NRS 636.019 is hereby amended to read as follows:
636.019 Diagnostic pharmaceutical agents means [topical ophthalmic anesthetics and topical cycloplegics, miotics and mydriatics.] any topical or oral agents used to examine and diagnose conditions of the eye or adnexa.
Sec. 9. NRS 636.022 is hereby amended to read as follows:
636.022 Prescription means:
1. An order given individually for the person for whom prescribed, directly from a licensed optometrist who is certified to prescribe and administer [therapeutic] pharmaceutical agents pursuant to NRS 636.288, or his or her agent, to a pharmacist or indirectly by means of an order signed by the licensed optometrist or an electronic transmission from the licensed optometrist to a pharmacist; or
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his or her agent, to a pharmacist or indirectly by means of an order signed by the licensed optometrist or an electronic transmission from the licensed optometrist to a pharmacist; or
2. A written direction from a licensed optometrist to:
(a) Prepare an ophthalmic lens for a patient; or
(b) Dispense a prepackaged contact lens that does not require any adjustment, modification or fitting.
Sec. 10. NRS 636.025 is hereby amended to read as follows:
636.025 1. The acts set forth in this section, or any of them, whether done severally, collectively or in combination with other acts that are not set forth in this section constitute practice in optometry within the purview of this chapter:
(a) Advertisement or representation as an optometrist.
(b) Adapting, or prescribing or dispensing, without prescription by a practitioner of optometry or medicine licensed in this State, any ophthalmic lens, frame or mounting, or any part thereof, for correction, relief or remedy of any abnormal condition or insufficiency of the eye or any appendage or visual process. The provisions of this paragraph do not prevent an optical mechanic from doing the mere mechanical work of replacement or duplication of the ophthalmic lens or prevent a licensed dispensing optician from engaging in the practice of ophthalmic dispensing.
(c) The examination , evaluation, diagnosis and treatment of the human eye and its appendages, the measurement of the powers or range of human vision [,] by any means, including, without limitation, the use of an autorefractor or other automated testing device, unless performed under the direct responsibility of a licensed optometrist as authorized in section 3 of this act, the determination of the accommodative and refractive states of the eye or the scope of its function in general, or the diagnosis or determination of any visual, muscular, neurological, interpretative or anatomic anomalies or deficiencies of the eye or its appendages or visual processes.
(d) Prescribing, directing the use of or using any optical device in connection with ocular exercises, orthoptics , vision rehabilitation, vision therapy or visual training.
(e) The prescribing of contact lenses.
(f) The measurement, initial fitting , as defined in NRS 636.387, or adaptation of contact lenses to the human eye except under the direction , responsibility and supervision of [a physician, surgeon or] an optometrist licensed in the State of Nevada [.] as authorized in section 3 of this act.
(g) The topical use of [diagnostic] pharmaceutical agents to determine any visual, muscular, neurological, interpretative or anatomic anomalies or deficiencies of the eye or its appendages or visual processes.
(h) Prescribing, directing the use of or using a [therapeutic] pharmaceutical agent or device to treat an abnormality of the eye or its appendages.
(i) Removing a foreign object from the surface or epithelium of the eye.
(j) Removing eyelashes with forceps.
(k) Closing the lacrimal punctum of the eye.
(l) The ordering or performing of laboratory tests or imaging to assist in the diagnosis of an abnormality of the eye or its appendages.
2. The provisions of this section do not authorize an optometrist to engage in any practice which includes:
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(a) [The incision or suturing of the eye or its appendages;] Any procedure using a laser, scalpel, needle or other instrument in which any human tissue is cut, burned or vaporized by incision, injection, ultrasound, laser, infusion, cryotherapy, radiation or other means; or
(b) [The use of lasers for surgical purposes.] Any procedure using an instrument which requires the closure of human tissue by suture, clamp or similar device.
Sec. 10.5. NRS 636.027 is hereby amended to read as follows:
636.027 This chapter [shall] :
1. Applies to any person who is licensed to practice optometry pursuant to this chapter and any other person engaged in the practice of optometry in this State.
2. Must not be construed to apply to physicians and surgeons duly licensed to practice in this State.
Sec. 11. NRS 636.028 is hereby amended to read as follows:
636.028 1. Except as provided in subsection 2, a person is exempt from the provisions of this chapter regulating the practice of optometry if the person is engaged in a clinical program of a school or college of optometry accredited by the Board and if the person is [:
(a) A] a student who is enrolled in a clinical program of an undergraduate or graduate course of study in optometry at such a school or college [; or
(b) Licensed to practice optometry in another state and is employed as a clinician or instructor at such a school or college.] and who has not received a degree of doctor of optometry.
2. A person who is employed as a clinician or instructor and who engages in the practice of optometry in this State is required to be licensed by the Board.
Sec. 12. NRS 636.080 is hereby amended to read as follows:
636.080 1. [Within a reasonable time after the appointment of a new member,] At the first meeting of the Board held each fiscal year, the Board shall meet and organize by electing from its membership a President who shall hold office for 1 year and until the election and qualification of his or her successor.
2. The Board shall appoint an Executive Director who serves at the pleasure of the Board and is entitled to receive compensation as set by the Board. The Executive Director must not be a member of the Board. If a vacancy occurs in the position of Executive Director, the Board may appoint one of its members to perform the duties of the Executive Director until the position is filled. A member of the Board who is appointed to perform the duties of the Executive Director is not entitled to receive any [additional] compensation for performing those duties.
Sec. 13. NRS 636.085 is hereby amended to read as follows:
636.085 [1.] The Executive Director shall [, before undertaking the duties of Executive Director, make and deliver to the Governor a good and sufficient bond payable to the State of Nevada for the benefit of the Board, in the amount designated by the Board, conditioned upon the faithful performance of his or her duties as Executive Director. The Executive Director shall file a copy of the bond with the Board.
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2. The Executive Director shall] receive, maintain and disburse money on behalf of the Board and shall perform all duties imposed upon him or her pursuant to the provisions of this chapter and such other duties as the Board may prescribe.
Sec. 14. NRS 636.090 is hereby amended to read as follows:
636.090 1. The Board may employ:
(a) Agents and inspectors to secure evidence of, and report on, violations of this chapter.
(b) Attorneys, investigators , consultants and other professional [consultants] and clerical personnel necessary to administer this chapter.
2. The Attorney General may act as counsel for the Board subject to the provisions of NRS 622A.200.
Sec. 15. NRS 636.107 is hereby amended to read as follows:
636.107 1. Except as otherwise provided in this section and NRS 239.0115, a complaint filed with the Board, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action are confidential [.] unless the person against whom the complaint is filed submits a written statement to the Board requesting that the documents and other information be made public records.
2. The [complaint or other] charging document [filed by] the Board uses to initiate disciplinary action pursuant to chapter 622A of NRS and all documents and information considered by the Board when determining whether to impose discipline are public records.
3. The provisions of this section do not prohibit the Board from communicating or cooperating with or providing any documents or other information in the Boards possession concerning a licensee or pending investigation to any other licensing board or any other governmental agency that is investigating a person, including, without limitation, a law enforcement agency, agency of the federal government, licensing board in this State or any other state or territory of the United States. If any confidential information concerning an investigation is provided to another governmental agency pursuant to this section, the information remains confidential and may not be provided to any other person or governmental agency. To the extent practicable, any governmental agency that receives any confidential information from the Board pursuant to this section shall treat the information as confidential.
Sec. 16. (Deleted by amendment.)
Sec. 17. NRS 636.120 is hereby amended to read as follows:
636.120 [Once each year, the] The Board shall periodically prepare and [distribute] make available to all licensees a roster containing their names and mailing addresses.
Sec. 18. NRS 636.125 is hereby amended to read as follows:
636.125 The Board may adopt policies [rules] and regulations necessary to carry out the provisions of this chapter.
Sec. 19. NRS 636.135 is hereby amended to read as follows:
636.135 The Board shall accredit schools , or approve the accreditation of schools by any nationally recognized accrediting organization or agency, in and out of this State teaching the science and art of optometry which it finds [are giving] provide a sufficient and thorough course of study for the preparation of optometrists.
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Sec. 20. NRS 636.143 is hereby amended to read as follows:
636.143 [1. The] At least once every 2 years, the Board shall review and, if the Board deems it necessary, establish or revise, within the limits prescribed a schedule of fees for the following purposes:
[Not less than Not more than
Examination........................................................... $100.......................... $500
Reexamination......................................................... 100............................ 500
Issuance of each license or duplicate license, including a license by endorsement 35 75
Renewal of each license or duplicate license..... 100............................ 500
Issuance of a license for an extended clinical facility 100............... 500
Issuance of a replacement renewal card for a license 10................. 50
2. If an applicant submits an application for a license by endorsement pursuant to NRS 636.207, the Board shall collect not more than one-half of the fee established pursuant to subsection 1 for the initial issuance of the license.]
Not more than
1. Examinations ...................................................................................... $250
2. Applications for the issuance of a 1-year license ........................ $600
3. Renewal of a license ....................................................................... $1,200
4. Granting certification or issuing certificates ............................ $1,000
5. Licensing of extended clinical facilities and other practice locations $500
6. Individually verifying licensure or disciplinary status................ $100
7. Late fee............................................................................................... $1,000
8. Any other service provided by the Board pursuant to this chapter $1,000
Sec. 21. NRS 636.145 is hereby amended to read as follows:
636.145 1. A person shall not engage in the practice of optometry in this State unless:
(a) The person has obtained a license pursuant to the provisions of this chapter; and
(b) Except for the year in which such license was issued, the person holds a current renewal card for the license.
2. The Board shall conduct an investigation pursuant to subsection 3 if the Board receives a complaint which sets forth any reason to believe that a person has engaged in the practice of optometry in this State without a license issued pursuant to this chapter.
3. In addition to any other penalty prescribed by law, if the Board , after conducting an investigation and hearing in accordance with chapters 233B, 622 and 622A of NRS, determines that a person has committed any act described in subsection 1, the Board may:
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(a) Issue and serve on the person an order to cease and desist from the practice of optometry until the person obtains a license from the Board . [the proper license or otherwise demonstrates that he or she is no longer in violation of subsection 1. An order to cease and desist must include a telephone number with which the person may contact the Board.]
(b) Issue a citation to the person. [A citation issued pursuant to this paragraph must be in writing, describe with particularity the nature of the violation and inform the person of the provisions of this paragraph. Each activity in which the person is engaged constitutes a separate offense for which a separate citation may be issued. To appeal a citation, the person must submit a written request for a hearing to the Board not later than 30 days after the date of issuance of the citation.
(c) Assess against the person an administrative fine as provided in NRS 636.420.
(d)] (c) Impose any combination of the penalties set forth in paragraphs (a) [,] and (b) . [and (c).]
4. Unless the Board determines that extenuating circumstances exist, the Board shall forward to the appropriate law enforcement agency any substantiated information submitted to the Board concerning a person who practices or offers to practice optometry without a license issued pursuant to this chapter.
5. Each instance of unlicensed activity constitutes a separate offense for which a separate citation may be issued.
Sec. 22. NRS 636.150 is hereby amended to read as follows:
636.150 Except as otherwise provided in NRS 636.206 and 636.207, any person applying for a license to practice optometry in this State must:
1. File proof of his or her qualifications;
2. [Make application for an examination;
3.] Take and pass [the] each examination [;
4.] identified, administered or approved by the Board;
3. Pay the prescribed fees; and
[5.] 4. Verify that all the information he or she has provided to the Board or to any other entity pursuant to the provisions of this chapter is true and correct.
Sec. 23. NRS 636.155 is hereby amended to read as follows:
636.155 Except as otherwise provided in NRS 636.206 and 636.207, an applicant must file with the Executive Director satisfactory proof that the applicant:
1. Is at least 21 years of age;
2. Is a citizen of the United States or is lawfully entitled to reside and work in this country;
3. [Is of good moral character;
4. Has been certified or recertified as completing a course of cardiopulmonary resuscitation within the 12-month period immediately preceding the examination for licensure; and
5.] Has graduated from a school of optometry accredited or approved by the [established professional agency and the Board, maintaining a standard of 6 college years, and including, as a prerequisite to admission to the courses in optometry, at least 2 academic years of study in a college of arts and sciences accredited by the Association of American Universities or a similar regional accrediting agency.] Board pursuant to NRS 636.135;
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4. Has passed each part of the comprehensive national optometry examination administered by the National Board of Examiners in Optometry or its successor;
5. Has passed each examination identified, administered or approved by the Nevada State Board of Optometry pursuant to NRS 636.150; and
6. Has not been disciplined for harming a patient as a licensed optometrist in another state.
Sec. 24. NRS 636.170 is hereby amended to read as follows:
636.170 [1. The Board shall:
(a) Conduct a regular annual examination, and may conduct a special examination when it deems that circumstances warrant such examination.
(b) Fix and announce the time and place of any examination at least 30 days prior to the day when it is to be commenced.
2.] The member of the Board who is a representative of the general public shall not participate in preparing, conducting or grading any examination required by the Board.
Sec. 25. NRS 636.180 is hereby amended to read as follows:
636.180 An examination must:
1. Be practical in character and design as determined by the Board;
2. Test the fitness of the examinee to practice optometry; and
3. Be prepared and administered by the Board or a testing agency that has been designated by the Board to conduct its examinations . [; and
4. Be conducted in the English language.]
Sec. 26. NRS 636.190 is hereby amended to read as follows:
636.190 Except as otherwise provided in NRS 622.090, a grade of [75] 70 or higher for each area tested [on the examination] is required to pass [an] the examination.
Sec. 27. NRS 636.215 is hereby amended to read as follows:
636.215 The Board shall execute a license for each person who has satisfied the requirements of NRS 636.150, 636.155, 636.206 or 636.207 and submitted all information and fees required to complete an application for a license. A license must:
1. Certify that the licensee has been examined and found qualified to practice optometry in this State; and
2. [Be signed by each member] Bear the signatures of the President of the Board [.] and the Executive Director.
Sec. 28. NRS 636.227 is hereby amended to read as follows:
636.227 1. The Board may grant a license to an accredited school or college of optometry to establish an extended clinical facility for the treatment of visual disorders and shall adopt reasonable regulations and establish procedures for such purpose. If a license is granted, it is effective [for] only [1] until February 28 of the next even-numbered year unless renewed by the Board [.] upon payment of the fee for the renewal of the license established pursuant to NRS 636.143.
2. An accredited school or college of optometry which desires to establish an extended clinical facility for the treatment of visual disorders in this State must apply to the Board for a license, and the application must contain the following information:
(a) The name and address of the proposed facility;
(b) The date when the school or college desires to commence operation of the facility;
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(c) A brief description of the facility and of the equipment which will be available for use there;
(d) The kinds of optometric services to be rendered; and
(e) The name and address of each instructor or clinician to be employed at the facility, his or her academic qualifications and any licenses which entitle the instructor or clinician to practice optometry in this or any other state.
3. Every school or college of optometry which operates a licensed facility in this State shall notify the Board if the school or college changes its instructors or clinicians, the location of the facility or the content of a clinical program.
4. Nothing in this section authorizes a licensed optometrist to engage in any acts which are beyond the scope of his or her license issued in accordance with the provisions of this chapter.
5. For the purposes of this section, extended clinical facility for the treatment of visual disorders means a clinical facility which renders optometric services and is operated by an accredited school or college of optometry, but which is located beyond the boundaries of the principal campus of the school or college.
Sec. 29. NRS 636.250 is hereby amended to read as follows:
636.250 A license issued under this chapter or any former law must be renewed pursuant to the provisions of NRS 636.250 to 636.285, inclusive, before March 1 of each even-numbered year.
Sec. 30. NRS 636.255 is hereby amended to read as follows:
636.255 The Executive Director shall [mail] provide a notice of the deadline for the renewal of a license to each licensee before February 1 of each even-numbered year. The failure of the Executive Director to notify a licensee does not excuse the licensee from the requirements of NRS 636.250.
Sec. 31. NRS 636.260 is hereby amended to read as follows:
636.260 1. Before March 1 of each even-numbered year, each licensee shall pay a renewal fee to the Executive Director in the amount [specified in] established pursuant to NRS 636.143. For the purposes of this subsection, the date of the postmark on any payment received by mail shall be deemed to be the date of receipt by the Executive Director.
2. The renewal fee must be accompanied by satisfactory evidence that the licensee has, within the immediately preceding [12-month] 24-month period, completed the required number of hours in a course or courses of continuing education that have been approved by the Board. This evidence must be indicated on the form for proof of completion of continuing education that is furnished by the Board. The Board shall not require a licensee to complete more than [24] 40 hours of continuing education during each [year.] period of renewal. The Board may waive the requirement that a licensee complete all or part of the required number of hours of continuing education upon good cause shown by the licensee.
3. A licensee who is certified to administer and prescribe [therapeutic] pharmaceutical agents pursuant to NRS 636.288 must, at the time of paying the renewal fee, present evidence satisfactory to the Executive Director that, during the [12] 24 months immediately preceding the payment of the renewal fee, the licensee completed an educational or postgraduate program approved by the Board. The Board shall establish the number of hours for completion of the program which must be not less than [30] 50 hours nor more than [50] 100 hours.
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Sec. 32. NRS 636.265 is hereby amended to read as follows:
636.265 Upon payment of the renewal fee, submission of evidence of completion of the required number of hours of continuing education and submission of all information required to complete the renewal, the Executive Director shall execute and issue a renewal card for the license to the licensee, certifying that the license has been renewed for a [12-month] 24-month period beginning March 1 of each even-numbered year. The renewal card must indicate the address of the place of the licensees practice for which the card is issued and be displayed prominently at that location. The renewal card must be signed by the Executive Director . [and sealed with the seal of the Board.]
Sec. 33. NRS 636.270 is hereby amended to read as follows:
636.270 If a licensee fails to comply with the provisions of NRS 636.260 on or before the prescribed date, the license must be suspended effective March 1 [,] of the year of the prescribed date and must remain suspended until it is restored in the manner specified in NRS 636.275 [.] or expires pursuant to that section, whichever occurs first.
Sec. 34. NRS 636.275 is hereby amended to read as follows:
636.275 1. A license which has been suspended for failure of the licensee to pay the [annual] renewal fee , [or] to submit all information required to complete the renewal or to submit evidence of completion of the required number of hours of continuing education may be restored at any time [during the calendar year] within 90 days after the suspension of the license upon the licensee:
(a) Paying the [annual] renewal fee;
(b) Paying [the Executive Director] a [nonrenewal penalty] late fee in the amount prescribed by [NRS 636.285; and] the Board;
(c) Submitting all required information [.
2. A license which has been suspended for failure of the licensee to submit evidence of completion of] ; and
(d) Completing the required number of hours of continuing education . [may be restored upon the licensee completing the continuing education, if such completion occurs during the calendar year in which the suspension has occurred.
3.] 2. Any license suspended pursuant to the provisions of NRS 636.270 [must be revoked at the end of the calendar year during which it was suspended] expires 91 days after the suspension of the license unless the license is restored pursuant to subsection 1 . [or 2.]
Sec. 35. NRS 636.286 is hereby amended to read as follows:
636.286 An optometrist shall not administer or prescribe a [therapeutic] pharmaceutical agent other than a diagnostic pharmaceutical agent unless the optometrist has obtained a certificate pursuant to NRS 636.288.
Sec. 36. NRS 636.287 is hereby amended to read as follows:
636.287 The Board shall adopt regulations which prescribe the requirements for certification to administer and prescribe [therapeutic] pharmaceutical agents pursuant to NRS 636.288. The requirements must include:
1. A license to practice optometry in this State;
2. The successful completion of the Treatment and Management of Ocular Disease Examination administered by the National Board of Examiners in Optometry [on or after January 1, 1993,] or an equivalent examination approved by the Board; and
κ2019 Statutes of Nevada, Page 3646 (CHAPTER 568, AB 77)κ
3. The successful completion of not fewer than 40 hours of clinical training in administering and prescribing [therapeutic] pharmaceutical agents in a training program which is conducted by an ophthalmologist and approved by the Board.
Sec. 37. NRS 636.288 is hereby amended to read as follows:
636.288 The Board shall provide to:
1. Each optometrist who has complied with the requirements adopted by the Board pursuant to NRS 636.287, a certificate to administer and prescribe [therapeutic] pharmaceutical agents.
2. The State Board of Pharmacy the name of each optometrist it certifies pursuant to this section.
Sec. 38. NRS 636.2881 is hereby amended to read as follows:
636.2881 The Board shall, by regulation, require each optometrist who is certified to administer and prescribe [therapeutic] pharmaceutical agents pursuant to NRS 636.288 and who is registered to dispense controlled substances pursuant to NRS 453.231 to complete at least 2 hours of training relating specifically to the misuse and abuse of controlled substances, the prescribing of opioids or addiction during each period of licensure. Any licensee may use such training to satisfy 2 hours of any continuing education requirement established by the Board.
Sec. 39. NRS 636.2882 is hereby amended to read as follows:
636.2882 An optometrist who is certified to administer and prescribe a [therapeutic] pharmaceutical agent pursuant to NRS 636.288 shall not prescribe [an analgesic of hydrocodone with compounds, codeine with compounds or propoxyphene with compounds] a controlled substance unless the optometrist:
1. Has completed an optometric examination of the patient for whom the [therapeutic pharmaceutical agent] controlled substance is prescribed;
2. Prescribes the [therapeutic pharmaceutical agent] controlled substance in an amount that does not exceed 90 morphine milligram equivalents per day and will not last more than 72 hours; and
3. Sets forth in the prescription for the [therapeutic pharmaceutical agent] controlled substance that the prescription may not be refilled [.] without a subsequent examination of the patient by the optometrist.
Sec. 40. NRS 636.2891 is hereby amended to read as follows:
636.2891 1. An optometrist shall not treat a person diagnosed with glaucoma unless the optometrist has been issued a certificate by the Board pursuant to NRS 636.2895 [.] or certification by endorsement pursuant to section 4.5 of this act.
2. An optometrist [who] , regardless of whether he or she has been issued a certificate to treat persons diagnosed with glaucoma pursuant to NRS 636.2895 or certification by endorsement pursuant to section 4.5 of this act, shall refer a patient diagnosed with glaucoma to an ophthalmologist for treatment if any one of the following is applicable:
(a) The patient is under 16 years of age.
(b) The patient has been diagnosed with [malignant] any type of glaucoma [or neovascular] other than open angle glaucoma.
(c) The patient has been diagnosed with acute closed angle glaucoma. The provisions of this paragraph do not prohibit the optometrist from administering any appropriate , nonsurgical emergency treatment to the patient.
κ2019 Statutes of Nevada, Page 3647 (CHAPTER 568, AB 77)κ
[(d) The patients glaucoma is caused by diabetes, and, after joint consultation with a physician who is treating the diabetes and an ophthalmologist, the physician or ophthalmologist determines that the patient should be treated by an ophthalmologist. If an optometrist determines that a patients glaucoma is caused by diabetes, the optometrist shall consult with a physician and ophthalmologist in the manner provided in this paragraph.]
Sec. 41. NRS 636.2893 is hereby amended to read as follows:
636.2893 The Board shall adopt regulations that prescribe the requirements for the issuance of a certificate to treat persons diagnosed with glaucoma pursuant to NRS 636.2895. The requirements must include, without limitation:
1. A license to practice optometry in this State;
2. The successful completion of the Treatment and Management of Ocular Disease Examination administered by the National Board of Examiners in Optometry [on or after January 1, 1993,] or an equivalent examination approved by the Board; [and]
3. Proof that each optometrist who applies for a certificate has treated at least 15 persons who were:
(a) Diagnosed with glaucoma by an ophthalmologist licensed in this State; and
(b) Treated by the optometrist, in consultation with that ophthalmologist, for at least 12 consecutive months [.] ; and
4. A certificate to administer and prescribe pharmaceutical agents issued pursuant to NRS 636.288.
Sec. 41.5. NRS 636.290 is hereby amended to read as follows:
636.290 1. Any person licensed pursuant to the provisions of this chapter or engaged in the unlawful practice of optometry without a license may be disciplined by the Board for cause in the manner specified in this chapter. A person licensed to practice optometry in this State is subject to the jurisdiction of the Board for any act specified in this chapter, regardless of whether the license is expired, suspended or revoked.
2. Unless the Board takes action pursuant to NRS 636.325, the Board may discipline a licensee for a violation of any provision of this chapter or regulation adopted pursuant to this chapter in one or more of the following ways, with or without the imposition by the Board of a monetary penalty:
(a) Issuing a letter of public reprimand;
(b) Issuing an order to cease and desist;
(c) Issuing an order of probation for a specified period, with or without conditions;
(d) Issuing an order of suspension for a specified period, with or without conditions; or
(e) Issuing an order of revocation, with or without permission to apply for licensure at a future date.
Sec. 42. NRS 636.295 is hereby amended to read as follows:
636.295 The following acts, conduct, omissions, or mental or physical conditions, or any of them, committed, engaged in, omitted, or being suffered by a licensee, constitute sufficient cause for disciplinary action:
1. [Affliction of the licensee with any communicable disease likely to be communicated to other persons.
2.] Commission by the licensee of a felony relating to the practice of optometry or a gross misdemeanor involving moral turpitude of which the licensee has been convicted and from which he or she has been sentenced by a final judgment of a federal or state court in this or any other state, the judgment not having been reversed or vacated by a competent appellate court and the offense not having been pardoned by executive authority.
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a final judgment of a federal or state court in this or any other state, the judgment not having been reversed or vacated by a competent appellate court and the offense not having been pardoned by executive authority.
[3. Conviction of any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive.
4.] 2. Commission of fraud by or on behalf of the licensee in obtaining a license or a renewal thereof, or in practicing optometry thereunder.
[5.] 3. Habitual drunkenness or addiction to any controlled substance.
[6.] 4. Gross incompetency.
[7.] 5. Affliction with any mental or physical disorder or disturbance seriously impairing his or her competency as an optometrist.
[8.] 6. Making false or misleading representations, by or on behalf of the licensee, with respect to optometric materials or services.
[9.] 7. Practice by the licensee, or attempting or offering so to do, while in an intoxicated condition.
[10.] 8. Perpetration of unethical or unprofessional conduct in the practice of optometry.
[11. Knowingly procuring or administering a controlled substance or a dangerous drug as defined in chapter 454 of NRS that is not approved by the United States Food and Drug Administration, unless the unapproved controlled substance or dangerous drug:
(a) Was procured through a retail pharmacy licensed pursuant to chapter 639 of NRS;
(b) Was procured through a Canadian pharmacy which is licensed pursuant to chapter 639 of NRS and which has been recommended by the State Board of Pharmacy pursuant to subsection 4 of NRS 639.2328; or
(c) Is marijuana being used for medical purposes in accordance with chapter 453A of NRS.
12.] 9. Any violation of the provisions of this chapter or any regulations adopted pursuant thereto.
[13.] 10. 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.
[14. Failure to obtain any training required by the Board pursuant to NRS 636.2881.
15.] 11. Failure to comply with the provisions of NRS 453.163, 453.164, 453.226, 639.23507, 639.2391 to 639.23916, inclusive, and any regulations adopted by the State Board of Pharmacy pursuant thereto.
[16.] 12. Fraudulent, illegal, unauthorized or otherwise inappropriate prescribing, administering or dispensing of a controlled substance listed in schedule [II,] III or IV.
13. Any violation of a state or federal law or regulation relating to or involving the practice of optometry, including, without limitation, a violation relating to:
(a) The organizational structure or control of any optometric practice or entity;
(b) The maintenance, availability or distribution of any medical record of a patient;
κ2019 Statutes of Nevada, Page 3649 (CHAPTER 568, AB 77)κ
(c) The improper disclosure of any protected information of a patient; and
(d) Fraud.
Sec. 43. NRS 636.300 is hereby amended to read as follows:
636.300 The following acts, among others, constitute unethical or unprofessional conduct:
1. Association as an optometrist with any person, firm or corporation violating this chapter.
2. Accepting employment, directly or indirectly, from a person not licensed to practice optometry in this State to assist the person in such practice or enabling the person to engage therein, except as authorized in NRS 636.347.
3. Signing the prescription blanks of another [optometrist] person or allowing another [optometrist] person to use his or her prescription blanks.
[4. Except as otherwise provided in NRS 636.372 and 636.373, practicing in or on premises where any materials other than those necessary to render optometric examinations or services are dispensed to the public, or where a business is being conducted not exclusively devoted to optometry or other healing arts and materials or merchandise are displayed having no relation to the practice of optometry or other healing arts.]
Sec. 44. NRS 636.301 is hereby amended to read as follows:
636.301 The following acts, among others, constitute unethical or unprofessional conduct:
1. Division of fees with another optometrist or a health maintenance organization, except where the division is made in proportion to the services performed for the patient and the responsibility assumed by each.
2. Division of fees or any understanding or arrangement which is designed or tends to impair, influence or affect the independent judgment or practice of the optometrist with any person who is not an optometrist or a health maintenance organization, unless in accordance with NRS 636.374.
Sec. 45. NRS 636.302 is hereby amended to read as follows:
636.302 The following acts, among others, constitute unethical or unprofessional conduct:
1. [Making a house-to-house canvass, either in person or by another person, for advertising, selling or soliciting the sale of eyeglasses, frames, lenses, mountings, or optometric examinations or services.
2.] Circulating or publishing, directly or indirectly, any false, fraudulent or misleading statement as to optometric materials or services, his or her method of practice or skill, or the method of practice or skill of any other licensee.
[3.] 2. Advertising in any manner that will tend to deceive, defraud or mislead the public.
[4.] 3. Advertising, directly or indirectly, free optometric examinations . [or services.]
Sec. 46. NRS 636.305 is hereby amended to read as follows:
636.305 1. A complaint may be made against a licensee by:
[1.] (a) An [agent] employee or [inspector employed by] contractor of the Board; or
[2.] (b) Any [other] licensee [;] or
[3. Any aggrieved] other person,
κ2019 Statutes of Nevada, Page 3650 (CHAPTER 568, AB 77)κ
Κ [charging] alleging one or more [of the causes] grounds for disciplinary action [with such particularity as to enable the defendant licensee to prepare a defense.] set forth in NRS 636.295.
2. As soon as practicable after a complaint is filed with the Board, the Executive Director or his or her designee shall review the complaint. If the Executive Director determines that the complaint is not frivolous and alleges one or more of the grounds for disciplinary action set forth in NRS 636.295, the Board, through the Executive Director, shall cause the complaint to be investigated.
3. The Board shall retain each complaint received pursuant to this section for not less than 10 years, including, without limitation, any complaint which is not acted upon.
Sec. 47. NRS 636.310 is hereby amended to read as follows:
636.310 1. A complaint [must] :
(a) Must be made in writing [. The original complaint and two copies must be filed with the Executive Director. A complaint may] and be signed and sworn to or affirmed by the person making it.
(b) May not be filed anonymously [. If a complaint is filed anonymously, the Board may accept the complaint but may refuse to consider the complaint if anonymity of the complainant makes processing the complaint impossible or unfair to the person who is the subject of the complaint.] , except that the identity of the complainant must remain confidential upon request by the complainant and until the complainant waives that confidentiality.
2. If the Executive Director or his or her designee determines that a complaint filed with the Board relates to any matter within the jurisdiction of another regulatory body in this title or chapter 437 of NRS, the Executive Director shall refer the complaint to the that regulatory body.
3. The provisions of subsection 2 do not prohibit the Executive Director or his or her designee from investigating a complaint which relates to any matter within the jurisdiction of the Board or from notifying the Board of that matter for further consideration by the Board if deemed necessary by the Board after an investigation.
4. Any member, employee, contractor or officer of the Board is immune from any civil liability for any decision made or action taken in good faith and without malicious intent in carrying out the provisions of this section.
Sec. 48. (Deleted by amendment.)
Sec. 48.3. NRS 636.320 is hereby amended to read as follows:
636.320 [The] Any disciplinary hearing of a formal charge relating to an alleged ground for disciplinary action set forth in NRS 636.295 must be conducted [publicly by the Board. The licensee against whom the charge is filed must be accorded the right to appear in person and by legal counsel, and given adequate opportunity to confront the witnesses against him or her, to testify and introduce the testimony of witnesses in his or her behalf, and to submit argument and brief in person or by counsel.] in accordance with the provisions of chapters 233B, 622 and 622A of NRS.
Sec. 48.6. NRS 636.325 is hereby amended to read as follows:
636.325 1. [Upon conclusion of the hearing, or waiver thereof by the person against whom the charge is filed, the Board shall make and announce its decision.] If the Board [determines that the allegations included in the charge are true,] finds by a preponderance of the evidence that a person has engaged in one or more grounds for disciplinary action set forth in NRS 636.295, it may take any one or more of the following actions:
κ2019 Statutes of Nevada, Page 3651 (CHAPTER 568, AB 77)κ
engaged in one or more grounds for disciplinary action set forth in NRS 636.295, it may take any one or more of the following actions:
(a) Publicly reprimand the licensee [;] and impose any terms or conditions deemed necessary by the Board;
(b) Place the licensee on probation for a specified or unspecified period [;] and impose any conditions deemed necessary by the Board;
(c) Suspend the [licensee from practice for a specified or unspecified period;] license of the person for not more than 1 year and impose any terms or conditions deemed necessary by the Board;
(d) Revoke the [licensees] license [; or] of the person and impose any terms or conditions for reinstatement of the license deemed necessary by the Board;
(e) Impose an administrative fine pursuant to the provisions of NRS 636.420 [.
Κ The Board may, in connection with a reprimand, probation or suspension, impose such other terms or conditions as it deems necessary.] ;
(f) Limit the persons practice of optometry;
(g) Suspend the enforcement of any penalty by placing the person on probation, which the Board may revoke if the person fails to comply with any condition of probation imposed by the Board;
(h) Require the person to submit to the supervision of or counseling or treatment by a person designated by the Board, and the person must be responsible for any expense incurred for providing those services;
(i) Impose and modify any conditions of probation for the protection of the public or the rehabilitation of the person;
(j) Require the person to pay for any costs of remediation or restitution; or
(k) Take any combination of the actions specified in paragraphs (a) to (j), inclusive.
2. [If the Board determines that the allegations included in the charge are false or do not warrant disciplinary action, it shall dismiss the charge.
3.] The Board shall not issue a private reprimand.
[4.] 3. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.
Sec. 48.9. NRS 636.337 is hereby amended to read as follows:
636.337 1. Any disciplinary action taken by a hearing officer or panel pursuant to NRS 636.110 is subject to the same procedural requirements which apply to disciplinary actions taken by the Board, and the officer or panel has those powers and duties given to the Board in relation thereto.
2. A decision of the hearing officer or panel relating to the imposition of an administrative fine or penalty is a final decision in a contested case. [Any party aggrieved by a decision of the officer or panel to revoke or suspend a license may appeal that decision to the Board.]
Sec. 48.95. NRS 636.339 is hereby amended to read as follows:
636.339 1. If the Board determines from an investigation of a licensee that the health, safety or welfare of the public or any patient served by the licensee is at risk of imminent or continued harm because of the manner in which the licensee prescribed, administered, dispensed or used a controlled substance, the Board may summarily suspend the licensees authority to prescribe, administer or dispense a controlled substance listed in schedule [II,] III or IV pending a determination upon the conclusion of a hearing to consider a formal complaint against the licensee. An order of summary suspension may be issued only by the Board, the President of the Board, the presiding officer of an investigative committee convened by the Board to conduct the investigation or the member of the Board who conducted the investigation.
κ2019 Statutes of Nevada, Page 3652 (CHAPTER 568, AB 77)κ
suspension may be issued only by the Board, the President of the Board, the presiding officer of an investigative committee convened by the Board to conduct the investigation or the member of the Board who conducted the investigation.
2. If an order to summarily suspend a licensees authority to prescribe, administer or dispense a controlled substance listed in schedule [II,] III or IV is issued pursuant to subsection 1 by the presiding officer of an investigative committee of the Board or a member of the Board, that person shall not participate in any further proceedings of the Board relating to the order.
3. If the Board, the presiding officer of an investigative committee of the Board or a member of the Board issues an order summarily suspending a licensees authority to prescribe, administer or dispense a controlled substance listed in schedule [II,] III or IV pursuant to subsection 1, the Board must hold a hearing to consider the formal complaint against the licensee. The Board must hold the hearing and render a decision concerning the formal complaint within 60 days after the date on which the order is issued, unless the Board and the licensee mutually agree to a longer period.
Sec. 49. NRS 636.350 is hereby amended to read as follows:
636.350 1. An optometrist shall not [practice optometry] own all or any portion of an optometry practice under an assumed or fictitious name unless the optometrist has been issued a certificate of registration by the Board to practice optometry under [an] the assumed or fictitious name [.] and at a specific location.
2. An optometrist who applies for a certificate of registration to own all or any portion of an optometry practice [optometry] under an assumed or fictitious name must submit to the Board an application on a form provided by the Board. The application must be accompanied by proof satisfactory to the Board that the assumed or fictitious name has been registered or otherwise approved by any appropriate governmental entity, including, without limitation, any incorporated city or unincorporated town in which the optometrist practices, if the registration or other approval is required by the governmental entity.
3. Each optometrist who is issued a certificate of registration pursuant to this section shall:
(a) Comply with the provisions of chapter 602 of NRS; [and]
(b) Display or cause to be displayed near the entrance of his or her business the full name of the optometrist and the words or letters that designate him or her as an optometrist [.] ; and
(c) Display or cause to be displayed near the entrance of his or her business the full name of any optometrist who regularly provides optometric services at the business and the words or letters that designate him or her as an optometrist.
4. The Board shall adopt regulations that prescribe the requirements for the issuance of a certificate of registration to practice optometry under an assumed or fictitious name.
5. As used in this section, assumed or fictitious name means a name [that is not the real] other than the name of [each person who owns an interest in a business.] the optometrist printed on his or her license to practice optometry.
κ2019 Statutes of Nevada, Page 3653 (CHAPTER 568, AB 77)κ
Sec. 50. NRS 636.355 is hereby amended to read as follows:
636.355 A licensee shall not [be entitled to] lend, sell, or otherwise [dispose or] permit the unauthorized use of his or her license or current renewal card.
Sec. 51. NRS 636.365 is hereby amended to read as follows:
636.365 The Board or the Executive Director may issue a duplicate license and renewal card for each location at which a licensee practices optometry, if [a] the licensee maintains more than one place of practice.
Sec. 52. NRS 636.370 is hereby amended to read as follows:
636.370 1. A person who has been issued an initial license to practice optometry in this State or who is re-establishing a practice in this State shall, before commencing the practice, notify the Executive Director, in writing, of the location or locations where the person intends to practice.
2. A licensee shall notify the Executive Director in writing before changing the location of his or her practice [.] or establishing an additional location to practice optometry.
Sec. 53. NRS 636.372 is hereby amended to read as follows:
636.372 1. [An] Except as otherwise provided in subsection 4, an optometrist may enter into an agreement with a person who is not licensed pursuant to the provisions of this chapter for the leasing of a building or a part thereof for use in his or her practice. The lease may contain a provision which requires that the rent must be based on a percentage of the revenue earned by the optometrist in his or her practice if the total amount of rent paid for the building or part thereof does not exceed its fair rental value, including any furniture, fixtures or equipment therein.
2. An optometrist who enters into such a lease with a physician may locate his or her office in the same place of business as the physician without a physical separation between the office and the place of business.
3. The Board may adopt regulations prescribing the requirements for such leases. The regulations must ensure the quality of optometric care and the practice of optometry without restricting competition or the commercial practice of optometry.
4. An optometrist shall not enter into a lease pursuant to this section unless, during the term of the lease, the optometrist maintains exclusive access to, and control and ownership of, the medical records of each patient of the optometrist.
Sec. 53.5. NRS 636.373 is hereby amended to read as follows:
636.373 1. An optometrist may form an association or other business relationship with a physician to provide their respective services to patients.
2. If such an association or business relationship is formed, the optometrist may:
(a) Locate his or her office in the same place of business as the physician without a physical separation between the office and the place of business.
(b) Authorize the physician to have access to any medical records in the possession of the optometrist relating to a patient who is being treated by both the optometrist and the physician.
(c) Advertise and promote the services provided by the association or business consistent with the restrictions on advertising set forth in NRS 636.302.
3. A person shall not directly or indirectly supervise an optometrist within the scope of his or her practice of optometry unless the person is licensed to practice optometry pursuant to this chapter.
κ2019 Statutes of Nevada, Page 3654 (CHAPTER 568, AB 77)κ
4. A person, including an officer, employee or agent of any commercial or mercantile establishment, shall not directly or indirectly control, dictate or influence the professional judgment of the practice of optometry by a licensed optometrist, unless the person is licensed to practice optometry pursuant to this chapter.
5. This section does not authorize an optometrist to employ or be employed by a physician.
Sec. 54. NRS 636.374 is hereby amended to read as follows:
636.374 An optometrist may, based upon the individual needs of a particular patient, collaborate with an ophthalmologist for the provision of care to the patient, for a fixed fee, regarding one or more surgical procedures if:
1. The collaborating parties prepare and maintain in their respective medical records regarding the patient, written documentation of each procedure and other service performed by each collaborating party which includes the date each procedure and other service is performed;
2. The fixed fee is divided between the collaborating parties in proportion to the services personally performed by each of them;
3. The collaborating parties agree that the collaborating optometrist will refer the patient back to the collaborating ophthalmologist or, if the collaborating ophthalmologist is not available, another ophthalmologist designated by the collaborating ophthalmologist to provide care to the patient if the medical needs of the patient necessitate the provision of care by an ophthalmologist; and
4. The collaborating parties provide to the patient and maintain in their respective medical records regarding the patient, a written document, signed by each of the collaborating parties and the patient, containing:
(a) The name, business address and telephone number of each of the collaborating parties;
(b) The amount of the fixed fee for the procedures and services;
(c) The proportion of that fee to be received by each collaborating party;
(d) A statement, signed by the patient and a witness who is not one of the collaborating parties, that the patient voluntarily, knowingly and willingly desires the performance of the postoperative care by the collaborating optometrist;
(e) A statement that the patient is entitled to return to the collaborating ophthalmologist for postoperative care at any time after the surgery; and
(f) A statement which:
(1) Indicates that the practice of optometry is regulated by the Nevada State Board of Optometry and the practice of ophthalmology [are respectively] is regulated by the [Nevada State Board of Optometry and the] Board of Medical Examiners [;] or the State Board of Osteopathic Medicine, as applicable; and
(2) Contains the address and telephone number of each of those Boards.
Sec. 55. NRS 636.375 is hereby amended to read as follows:
636.375 1. Service of process made under this chapter must be made by one of the following methods:
(a) Sending the process to be served to the person by certified mail at his or her last known address as indicated in the records of the Board; or
(b) Personal delivery of the document to be served upon the person.
2. Service of process made under this chapter shall be deemed complete when a true and correct copy of the document, properly addressed and stamped, is deposited in the United States mail pursuant to paragraph (a) of subsection 1, or when personal delivery is completed pursuant to paragraph (b) of subsection 1.
κ2019 Statutes of Nevada, Page 3655 (CHAPTER 568, AB 77)κ
addressed and stamped, is deposited in the United States mail pursuant to paragraph (a) of subsection 1, or when personal delivery is completed pursuant to paragraph (b) of subsection 1.
3. Any notice which is not required to be [given by the Board or the Executive Director to a licensee] served in accordance with subsection 1 or 2 may be transmitted by [ordinary] :
[first-class, certified or registered]
(a) First-class mail, postage prepaid, addressed to the licensee at the location listed by the [Executive Director for that] licensee [.] on his or her most recent change of address form or application for the renewal of his or her license or the last known address as indicated in the records of the Board for any other person;
(b) Electronic mail to the address for electronic mail most recently provided by the person to the Board; or
(c) Facsimile machine to the number most recently provided by the person to the Board.
Sec. 56. NRS 636.382 is hereby amended to read as follows:
636.382 [1. No] Any licensed optometrist may administer topical diagnostic ophthalmic [pharmaceutical] agents . [unless the optometrist has received certification from the Board authorizing him or her to do so.
2. The Board shall adopt regulations prescribing the diagnostic uses to which the agents enumerated in subsection 3 may be put, the manner in which such agents may be used, and the qualifications and requirements for such certification which must include:
(a) A valid license to practice optometry in this State;
(b) Satisfactory completion of a curriculum approved by the Board, which must include general and ocular pharmacology, at an institution approved by the Board and accredited by a regional or professional accrediting organization and recognized or approved by the Council on Post-Secondary Accreditation, the Northwest Accreditation Association or the United States Department of Education; and
(c) Successful completion of an appropriate examination approved and administered by the Board.
3. The following topical ophthalmic pharmaceutical agents may be used for diagnostic purposes by an optometrist who has been authorized by the Board to do so:
(a) Mydriatics;
(b) Cycloplegics;
(c) Topical anesthetics; and
(d) Miotics.]
Sec. 57. NRS 636.387 is hereby amended to read as follows:
636.387 1. The form for any prescription which is [issued for an ophthalmic lens by an optometrist in this State must contain lines or boxes in substantially the following form:
Approved for contact lenses.............................................
Not approved for contact lenses.......................................
2. The prescribing optometrist shall mark or check one of the lines or boxes required by subsection 1 each time such a prescription is issued by the optometrist.
κ2019 Statutes of Nevada, Page 3656 (CHAPTER 568, AB 77)κ
3. If the prescription is] for a contact lens [, the form] must set forth the expiration date of the prescription, the number of [refills] contact lenses approved for the patient and such other information as is necessary for the prescription to be filled properly. A prescription for spectacle lenses must not be construed to be approved for or converted to a prescription for contact lenses unless contact lenses are expressly approved in writing on the prescription by the prescribing optometrist.
[4.] 2. The initial fitting of a contact lens must be performed by an ophthalmologist or optometrist licensed in this State.
[5.] 3. As used in this section, initial fitting means measuring the health, integrity and refractive error of the eye to determine whether contact lenses [may be approved pursuant to subsection 1.] are appropriate for the patient.
Secs. 57.5 and 58. (Deleted by amendment.)
Sec. 59. NRS 636.420 is hereby amended to read as follows:
636.420 [Any] After providing notice and a hearing pursuant to chapter 622A of NRS, the Board may impose an administrative fine of not more than $5,000 for each violation against a person licensed under this chapter who [violates any provision of this chapter or any regulation of the Board relating to the practice of optometry is liable to the Board for an administrative fine of not less than $100 or more than $5,000.] engages in any conduct constituting grounds for disciplinary action set forth in NRS 636.295.
Sec. 60. NRS 639.0125 is hereby amended to read as follows:
639.0125 Practitioner means:
1. A physician, dentist, veterinarian or podiatric physician who holds a license to practice his or her profession in this State;
2. A hospital, pharmacy or other institution licensed, registered or otherwise permitted to distribute, dispense, conduct research with respect to or administer drugs in the course of professional practice or research in this State;
3. An advanced practice registered nurse who has been authorized to prescribe controlled substances, poisons, dangerous drugs and devices;
4. A physician assistant who:
(a) Holds a license issued by the Board of Medical Examiners; and
(b) Is authorized by the Board to possess, administer, prescribe or dispense controlled substances, poisons, dangerous drugs or devices under the supervision of a physician as required by chapter 630 of NRS;
5. A physician assistant who:
(a) Holds a license issued by the State Board of Osteopathic Medicine; and
(b) Is authorized by the Board to possess, administer, prescribe or dispense controlled substances, poisons, dangerous drugs or devices under the supervision of an osteopathic physician as required by chapter 633 of NRS; or
6. An optometrist who is certified by the Nevada State Board of Optometry to prescribe and administer [therapeutic] pharmaceutical agents pursuant to NRS 636.288, when the optometrist prescribes or administers [therapeutic] pharmaceutical agents within the scope of his or her certification.
Sec. 61. NRS 453.126 is hereby amended to read as follows:
453.126 Practitioner means:
1. A physician, dentist, veterinarian or podiatric physician who holds a license to practice his or her profession in this State and is registered pursuant to this chapter.
κ2019 Statutes of Nevada, Page 3657 (CHAPTER 568, AB 77)κ
2. An advanced practice registered nurse who holds a certificate from the State Board of Pharmacy authorizing him or her to dispense or to prescribe and dispense controlled substances.
3. A scientific investigator or a pharmacy, hospital or other institution licensed, registered or otherwise authorized in this State to distribute, dispense, conduct research with respect to, to administer, or use in teaching or chemical analysis, a controlled substance in the course of professional practice or research.
4. A euthanasia technician who is licensed by the Nevada State Board of Veterinary Medical Examiners and registered pursuant to this chapter, while he or she possesses or administers sodium pentobarbital pursuant to his or her license and registration.
5. A physician assistant who:
(a) Holds a license from the Board of Medical Examiners; and
(b) Is authorized by the Board to possess, administer, prescribe or dispense controlled substances under the supervision of a physician as required by chapter 630 of NRS.
6. A physician assistant who:
(a) Holds a license from the State Board of Osteopathic Medicine; and
(b) Is authorized by the Board to possess, administer, prescribe or dispense controlled substances under the supervision of an osteopathic physician as required by chapter 633 of NRS.
7. An optometrist who is certified by the Nevada State Board of Optometry to prescribe and administer [therapeutic] pharmaceutical agents pursuant to NRS 636.288, when the optometrist prescribes or administers [therapeutic] pharmaceutical agents within the scope of his or her certification.
Sec. 62. NRS 454.00958 is hereby amended to read as follows:
454.00958 Practitioner means:
1. A physician, dentist, veterinarian or podiatric physician who holds a valid license to practice his or her profession in this State.
2. A pharmacy, hospital or other institution licensed or registered to distribute, dispense, conduct research with respect to or to administer a dangerous drug in the course of professional practice in this State.
3. When relating to the prescription of poisons, dangerous drugs and devices:
(a) An advanced practice registered nurse who holds a certificate from the State Board of Pharmacy permitting him or her so to prescribe; or
(b) A physician assistant who holds a license from the Board of Medical Examiners and a certificate from the State Board of Pharmacy permitting him or her so to prescribe.
4. An optometrist who is certified to prescribe and administer [dangerous drugs] pharmaceutical agents pursuant to NRS 636.288 when the optometrist prescribes or administers dangerous drugs which are within the scope of his or her certification.
Sec. 63. Section 6 of Assembly Bill No. 239 of this session is hereby amended to read as follows:
Sec. 6. NRS 636.338 is hereby amended to read as follows:
636.338 1. The Executive Director of the Board or his or her designee shall review and evaluate any complaint or information received from the Investigation Division of the Department of Public Safety or the State Board of Pharmacy, including, without limitation, information provided pursuant to NRS 453.164, or from a law enforcement agency, professional licensing board or any other source indicating that:
κ2019 Statutes of Nevada, Page 3658 (CHAPTER 568, AB 77)κ
information provided pursuant to NRS 453.164, or from a law enforcement agency, professional licensing board or any other source indicating that:
(a) A licensee has issued a fraudulent, illegal, unauthorized or otherwise inappropriate prescription for a controlled substance listed in schedule [II,] III or IV;
(b) A pattern of prescriptions issued by a licensee indicates that the licensee has issued prescriptions in the manner described in paragraph (a); or
(c) A patient of a licensee has acquired, used or possessed a controlled substance listed in schedule [II,] III or IV in a fraudulent, illegal, unauthorized or otherwise inappropriate manner.
2. If the Executive Director of the Board or his or her designee receives information described in subsection 1 concerning the licensee, the Executive Director or his or her designee must notify the licensee as soon as practicable after receiving the information.
3. A review and evaluation conducted pursuant to subsection 1 must include, without limitation:
(a) A review of relevant information contained in the database of the program established pursuant to NRS 453.162; and
(b) A request for additional relevant information from the licensee who is the subject of the review and evaluation.
4. If, after a review and evaluation conducted pursuant to subsection 1, the Executive Director or his or her designee determines that a licensee may have issued a fraudulent, illegal, unauthorized or otherwise inappropriate prescription for a controlled substance listed in schedule [II,] III or IV, the Board must proceed as if a written complaint had been filed against the licensee. If, after conducting an investigation and a hearing in accordance with the provisions of this chapter, the Board determines that the licensee issued a fraudulent, illegal, unauthorized or otherwise inappropriate prescription, the Board must impose appropriate disciplinary action.
5. When deemed appropriate, the Executive Director of the Board may:
(a) Refer information acquired during a review and evaluation conducted pursuant to subsection 1 to another professional licensing board, law enforcement agency or other appropriate governmental entity for investigation and criminal or administrative proceedings.
(b) Postpone any notification, review or part of such a review required by this section if he or she determines that it is necessary to avoid interfering with any pending administrative or criminal investigation into the suspected fraudulent, illegal, unauthorized or otherwise inappropriate prescribing, dispensing or use of a controlled substance.
6. The Board shall:
(a) Adopt regulations providing for disciplinary action against a licensee for inappropriately prescribing a controlled substance listed in schedule [II,] III or IV or violating the provisions of NRS 639.2391 to 639.23916, inclusive, and any regulations adopted by the State Board of Pharmacy pursuant thereto. Such disciplinary action must include, without limitation, requiring the licensee to complete additional continuing education concerning prescribing controlled substances listed in schedules [II,] III and IV.
κ2019 Statutes of Nevada, Page 3659 (CHAPTER 568, AB 77)κ
additional continuing education concerning prescribing controlled substances listed in schedules [II,] III and IV.
(b) Develop and disseminate to each optometrist who is certified to prescribe and administer [therapeutic] pharmaceutical agents pursuant to NRS 636.288 or make available on the Internet website of the Board an explanation or a technical advisory bulletin to inform those optometrists of the requirements of this section and NRS 636.339, 639.23507 and 639.2391 to 639.23916, inclusive, and any regulations adopted pursuant thereto. The Board shall update the explanation or bulletin as necessary to include any revisions to those provisions of law or regulations. The explanation or bulletin must include, without limitation, an explanation of the requirements that apply to specific controlled substances or categories of controlled substances.
Sec. 64. Notwithstanding the amendatory provisions of:
1. Section 20 of this act, the schedule of fees established by the Nevada State Board of Optometry pursuant to NRS 636.143 remains in effect until the Board establishes a revised schedule of fees pursuant to NRS 636.143, as amended by section 20 of this act.
2. Section 27 of this act, a license to practice optometry executed pursuant to NRS 636.215 remains in effect for the period for which the license was issued, if the person to whom the license was issued remains eligible to hold the license during that period.
3. Section 36 of this act, any regulations adopted by the Nevada State Board of Optometry prescribing the requirements for certification to administer and prescribe a therapeutic pharmaceutical agent pursuant to NRS 636.287 remain in effect until the Board amends the regulations in accordance with NRS 636.287, as amended by section 36 of this act.
4. Section 37 of this act, a certificate to administer or prescribe a therapeutic pharmaceutical agent issued in accordance with the provisions of NRS 636.288 remains in effect for the period for which the certificate was issued, if the person to whom the certificate was issued otherwise remains eligible to hold the certificate during that period.
5. Section 40 of this act, any regulations adopted by the Nevada State Board of Optometry which prescribe the requirements for the issuance of a certificate to treat persons diagnosed with glaucoma pursuant to NRS 636.2893 remain in effect until the Board adopts regulations in accordance with NRS 636.2893, as amended by section 41 of this act.
Sec. 65. NRS 636.024, 636.160, 636.175, 636.195, 636.200, 636.220, 636.315, 636.330, 636.335, 636.336, 636.341 and 636.385 are hereby repealed.
Sec. 66. This act becomes effective:
1. Upon passage and approval for the purposes of adopting regulations and 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.
________
κ2019 Statutes of Nevada, Page 3660κ
Assembly Bill No. 139Assemblymen Bilbray-Axelrod; Backus, Fumo, Krasner, Munk, Swank and Tolles
CHAPTER 569
[Approved: June 12, 2019]
AN ACT relating to domestic relations; revising provisions relating to when minors may marry; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law allows a minor to marry in certain circumstances. If the minor is at least 16 years of age, the consent of either parent or legal guardian is required. (NRS 122.020, 122.025) If the minor is younger than 16 years of age, in addition to such consent, a district court must authorize the marriage after making certain findings. (NRS 122.025) Section 1 of this bill: (1) removes the ability of a minor who is under 17 years of age to marry; and (2) allows a minor who is 17 years of age to marry if the minor has the consent of either parent or the minors legal guardian and the minor obtains authorization from a district court after the court holds an evidentiary hearing and makes certain findings. Section 1.5 of this bill sets forth the requirements for the court to authorize the marriage of a minor who is 17 years of age.
Sections 2-3.5 of this bill make conforming changes. Section 5.3 of this bill requires each county clerk to compile a report concerning marriage licenses issued for minors who are 17 years of age and submit the report to the Director of the Legislative Counsel Bureau for distribution to the 81st Session of the Legislature. Section 6 of this bill ensures that the validity of any marriage existing when the bill becomes effective is not affected, and that any married minor on that date continues to have the same rights.
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 122.020 is hereby amended to read as follows:
122.020 1. Except as otherwise provided in [this section,] subsection 2 and NRS 122.025, two persons, regardless of gender, who are at least 18 years of age, not nearer of kin than second cousins or cousins of the half blood, and not having a spouse living, may be joined in marriage.
2. Two persons, regardless of gender, who are married to each other may be rejoined in marriage if the record of their marriage has been lost or destroyed or is otherwise unobtainable.
[3. A person at least 16 years of age but less than 18 years of age may marry only if the person has the consent of:
(a) Either parent; or
(b) Such persons legal guardian.]
Sec. 1.5. NRS 122.025 is hereby amended to read as follows:
122.025 1. A [person less than 16] minor who is 17 years of age may marry only if the [person] minor has the consent of:
(a) Either parent; or
(b) [Such persons] The minors legal guardian,
Κ and [such person] the minor also obtains authorization from a district court as provided in [subsection 2.] this section.
κ2019 Statutes of Nevada, Page 3661 (CHAPTER 569, AB 139)κ
2. In extraordinary circumstances, a district court may authorize the marriage of a [person less than 16] minor who is 17 years of age if the court finds , by clear and convincing evidence, after an evidentiary hearing in which both parties to the prospective marriage provide sworn testimony, that:
(a) Both parties to the prospective marriage are residents of this State;
(b) The marriage will serve the best interests of [such person;] the minor; and
[(b) Such person]
(c) The minor has the consent required by paragraph (a) or (b) of subsection 1.
Κ Pregnancy alone does not establish that the best interests of [such person] the minor will be served by marriage, nor may pregnancy be required by a court as a condition necessary for its authorization for the marriage of [such person.] the minor.
3. In determining the best interests of the minor for the purposes of subsection 2, the court shall consider, without limitation:
(a) The difference in age between the parties to the prospective marriage;
(b) The need for the marriage to occur before the minor reaches 18 years of age; and
(c) The emotional and intellectual maturity of the minor.
Sec. 2. NRS 122.040 is hereby amended to read as follows:
122.040 1. Except as otherwise provided in NRS 122.0615, before persons may be joined in marriage, a license must be obtained for that purpose from the county clerk of any county in the State. Except as otherwise provided in this subsection, the license must be issued at the county seat of that county. The board of county commissioners:
(a) In a county whose population is 700,000 or more may, at the request of the county clerk, designate not more than five branch offices of the county clerk at which marriage licenses may be issued, if the designated branch offices are located outside of the county seat.
(b) In a county whose population is less than 700,000 may, at the request of the county clerk, designate one branch office of the county clerk at which marriage licenses may be issued, if the designated branch office is established in a county office building which is located outside of the county seat.
2. Except as otherwise provided in this section, before issuing a marriage license, the county clerk shall require each applicant to provide proof of the applicants name and age. The county clerk may accept as proof of the applicants name and age an original or certified copy of any of the following:
(a) A drivers license, instruction permit or identification card issued by this State or another state, the District of Columbia or any territory of the United States.
(b) A passport.
(c) A birth certificate and:
(1) Any secondary document that contains the name and a photograph of the applicant; or
(2) Any document for which identification must be verified as a condition to receipt of the document.
Κ If the birth certificate is written in a language other than English, the county clerk may request that the birth certificate be translated into English and notarized.
κ2019 Statutes of Nevada, Page 3662 (CHAPTER 569, AB 139)κ
(d) A military identification card or military dependent identification card issued by any branch of the Armed Forces of the United States.
(e) A Certificate of Citizenship, Certificate of Naturalization, Permanent Resident Card or Temporary Resident Card issued by the United States Citizenship and Immigration Services of the Department of Homeland Security.
(f) Any other document that provides the applicants name and age. If the applicant clearly appears over the age of 25 years, no documentation of proof of age is required.
3. Except as otherwise provided in subsection 4, the county clerk issuing the license shall require each applicant to answer under oath each of the questions contained in the form of license. The county clerk shall, except as otherwise provided in this subsection, require each applicant to include the applicants social security number on the affidavit of application for the marriage license. If a person does not have a social security number, the person must state that fact. The county clerk shall not require any evidence to verify a social security number. If any of the information required is unknown to the person, the person must state that the answer is unknown. The county clerk shall not deny a license to an applicant who states that the applicant does not have a social security number or who states that any requested information concerning the applicants parents is unknown.
4. Upon finding that extraordinary circumstances exist which result in only one applicant being able to appear before the county clerk, the county clerk may waive the requirements of subsection 3 with respect to the person who is unable to appear before the county clerk, or may refer the applicant to the district court. If the applicant is referred to the district court, the district court may waive the requirements of subsection 3 with respect to the person who is unable to appear before the county clerk. If the district court waives the requirements of subsection 3, the district court shall notify the county clerk in writing. If the county clerk or the district court waives the requirements of subsection 3, the county clerk shall require the applicant who is able to appear before the county clerk to:
(a) Answer under oath each of the questions contained in the form of license. The applicant shall answer any questions with reference to the other person named in the license.
(b) Include the applicants social security number and the social security number of the other person named in the license on the affidavit of application for the marriage license. If either person does not have a social security number, the person responding to the question must state that fact. The county clerk shall not require any evidence to verify a social security number.
Κ If any of the information required on the application is unknown to the person responding to the question, the person must state that the answer is unknown. The county clerk shall not deny a license to an applicant who states that the applicant does not have a social security number or who states that any requested information concerning the parents of either the person who is responding to the question or the person who is unable to appear is unknown.
5. [If any of the persons intending to marry are under age and have not been previously married, and if the authorization of a district court is not required, the clerk shall issue the license if the consent of the parent or guardian is:
κ2019 Statutes of Nevada, Page 3663 (CHAPTER 569, AB 139)κ
(a) Personally given before the clerk;
(b) Certified under the hand of the parent or guardian, attested by two witnesses, one of whom must appear before the clerk and make oath that the witness saw the parent or guardian subscribe his or her name to the annexed certificate, or heard him or her acknowledge it; or
(c) In writing, subscribed to and acknowledged before a person authorized by law to administer oaths. A facsimile of the acknowledged writing must be accepted if the original is not available.
6. If a parent giving consent to the marriage of a minor pursuant to subsection 5 has a last name different from that of the minor seeking to be married, the county clerk shall accept, as proof that the parent is the legal parent of the minor, a certified copy of the birth certificate of the minor which shows the parents first and middle name and which matches the first and middle name of the parent on any document listed in subsection 2.
7. If the authorization of a district court is required,] When the authorization of a district court is required because the marriage involves a minor, the county clerk shall issue the license if that authorization is given to the county clerk in writing.
[8.] 6. At the time of issuance of the license, an applicant or both applicants may elect to change the middle name or last name, or both, by which an applicant wishes to be known after solemnization of the marriage. The first name of each applicant selected for use by the applicant after solemnization of the marriage must be the same as the first name indicated on the proof of the applicants name submitted pursuant to subsection 2. An applicant may change his or her name pursuant to this subsection only at the time of issuance of the license. One or both applicants may adopt:
(a) As a middle name, one of the following:
(1) The current last name of the other applicant.
(2) The last name of either applicant given at birth.
(3) A hyphenated combination of the current middle name and the current last name of either applicant.
(4) A hyphenated combination of the current middle name and the last name given at birth of either applicant.
(b) As a last name, one of the following:
(1) The current last name of the other applicant.
(2) The last name of either applicant given at birth.
(3) A hyphenated combination of the potential last names described in paragraphs (a) and (b).
[9.] 7. All records pertaining to marriage licenses are public records and open to inspection pursuant to the provisions of NRS 239.010.
[10.] 8. A marriage license issued on or after July 1, 1987, expires 1 year after its date of issuance.
Sec. 3. NRS 122.0615 is hereby amended to read as follows:
122.0615 1. In each county whose population is 100,000 or more but less than 700,000, in which a commercial wedding chapel has been in business for 5 years or more, the board of county commissioners shall:
(a) Ensure that an office where marriage licenses may be issued is open to the public for the purpose of issuing such licenses from 8 a.m. to 12 a.m. every day, including holidays; or
(b) Provide for the establishment of a program whereby a commercial wedding chapel that has been in business in the county for 5 years or more is authorized to issue marriage licenses to qualified applicants during the hours when an office where marriage licenses may be issued pursuant to paragraph (a) is not open to the public.
κ2019 Statutes of Nevada, Page 3664 (CHAPTER 569, AB 139)κ
authorized to issue marriage licenses to qualified applicants during the hours when an office where marriage licenses may be issued pursuant to paragraph (a) is not open to the public.
2. In each county whose population is less than 100,000, in which a commercial wedding chapel has been in business in the county for 5 years or more, the board of county commissioners may provide for the establishment of a program whereby a commercial wedding chapel that has been in business in the county for 5 years or more is authorized to issue marriage licenses to qualified applicants during the hours when an office where marriage licenses may be issued is not open to the public.
3. Except as otherwise provided in subsection 4, a program established pursuant to subsection 1 or 2 must authorize each commercial wedding chapel that has been in business in the county for 5 years or more to begin issuing marriage licenses upon filing with the county clerk a completed registration form prescribed by the board of county commissioners, along with a performance bond in the amount of $50,000. The performance bond must be conditioned upon the faithful performance of all statutory duties related to the issuance of marriage licenses and compliance with the provisions of NRS 603A.010 to 603A.290, inclusive, that ensure the security of personal information submitted by applicants for a marriage license.
4. A commercial wedding chapel shall refer any application for a marriage license [that includes the signature of a guardian] for a minor applicant who is 17 years of age to the county clerk for review and issuance of the marriage license pursuant to NRS 122.040.
5. The county clerk of the county in which a commercial wedding chapel that issues marriage licenses pursuant to this section is located shall provide to the commercial wedding chapel, without charge, any materials necessary for the commercial wedding chapel to issue marriage licenses. The number of marriage licenses that the commercial wedding chapel may issue must not be limited.
6. A commercial wedding chapel that issues marriage licenses pursuant to this section shall comply with all statutory provisions governing the issuance of marriage licenses in the same manner as the county clerk is required to comply, and shall:
(a) File the original application for a marriage license with the county clerk on the first available business day after completion of the application;
(b) Collect from an applicant for a marriage license all fees required by law to be collected; and
(c) Remit all fees collected to the county clerk, in the manner required by the standard of practice adopted by the county clerk.
7. The records of a commercial wedding chapel that issues marriage licenses pursuant to this section which pertain to the issuance of a marriage license are public records and must be made available for public inspection at reasonable times. Such a commercial wedding chapel shall comply with the provisions of NRS 603A.010 to 603A.290, inclusive, in the same manner as all other data collectors to ensure the security of all personal information submitted by applicants for a marriage license.
8. The persons to whom a commercial wedding chapel issues a marriage license may not be joined in marriage in any county other than the county in which the marriage license is issued.
9. A commercial wedding chapel that violates any provision of this section is guilty of a misdemeanor.
κ2019 Statutes of Nevada, Page 3665 (CHAPTER 569, AB 139)κ
Sec. 3.5. NRS 125.320 is hereby amended to read as follows:
125.320 1. When the consent of a parent, guardian or district court, as required by NRS [122.020 or] 122.025, has not been obtained, the marriage is void from the time its nullity is declared by a court of competent jurisdiction.
2. If the consent required by NRS [122.020 or] 122.025 is not first obtained, the marriage contracted without the consent of a parent, guardian or district court may be annulled upon application by or on behalf of the person who fails to obtain such consent, unless such person after reaching the age of 18 years freely cohabits for any time with the other party to the marriage as a married couple. Any such annulment proceedings must be brought within 1 year after such person reaches the age of 18 years.
Secs. 4 and 5. (Deleted by amendment.)
Sec. 5.3. 1. Each county clerk shall compile a report containing information about each marriage license issued on or after October 1, 2019, for the marriage of a person who is 17 years of age. For each such marriage, the report must include, without limitation, the ages of the parties to the marriage.
2. On or before January 1, 2021, each county clerk shall submit the report required pursuant to this section to the Director of the Legislative Counsel Bureau for distribution to the 81st Session of the Legislature.
Sec. 5.7. The provisions of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 6. The amendatory provisions of this act do not affect:
1. The validity of any marriage entered into by a minor before October 1, 2019; or
2. The legal rights or responsibilities of any minor who married before October 1, 2019.
Sec. 7. (Deleted by amendment.)
________
Assembly Bill No. 224Assemblywoman Neal
CHAPTER 570
[Approved: June 12, 2019]
AN ACT relating to economic development; revising provisions governing the NV Grow Program; making an appropriation; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law directs the Office of Economic Development within the Office of the Governor to develop, create and oversee the NV Grow Program to provide certain informational and technical assistance to existing small businesses in this State that are expanding or ready to expand. (Section 2 of chapter 459, Statutes of Nevada 2015, p. 2681, as amended by Chapter 430, Statutes of Nevada 2017, at page 2880) Section 2 of this bill transfers those responsibilities to the Division of Workforce and Economic Development of the College of Southern Nevada. Section 2 also requires that the Division manage the NV Grow Program and select the lead counselor for the NV Grow Program who will also serve as its coordinator and who must be an employee of the College of Southern Nevada. Sections 3-5 of this bill make conforming changes.
κ2019 Statutes of Nevada, Page 3666 (CHAPTER 570, AB 224)κ
Section 6 of this bill appropriates $425,000 to the Nevada System of Higher Education to enable the College of Southern Nevada to assist and carry out the NV Grow 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. The NV Grow Act, being chapter 459, Statutes of Nevada 2015, as amended by chapter 430 Statutes of Nevada 2017 at page 2880, is hereby amended by adding thereto a new section to be designated section 1.7, immediately following section 1.5, to read as follows:
Sec. 1.7 As used in this act, unless the context otherwise requires, Division means the Division of Workforce and Economic Development of the College of Southern Nevada.
Sec. 2. Section 2 of the NV Grow Act, being chapter 459, Statutes of Nevada 2015, as amended by chapter 430, Statutes of Nevada 2017, at page 2880, is hereby amended to read as follows:
Sec. 2. 1. The [Office,] Division, in consultation with the stakeholders group, shall develop, create and oversee the NV Grow Program to stimulate Nevadas economy with a view toward providing assistance to businesses that are already located and operating in this State rather than recruiting businesses from other states to relocate in Nevada.
2. Under the auspices of the program:
(a) Institutions of the Nevada System of Higher Education located in Clark County and the Nevada Small Business Development Center in Clark County shall, in cooperation with the geographic information system specialist employed at the College of Southern Nevada, mentor and track businesses participating in the program in Clark County. The Clark County Department of Business License will coordinate with the College to provide such data as may be necessary for the operation of the program in Clark County.
(b) The Nevada Small Business Development Centers located in Clark County and Washoe County shall each cooperate with the geographic information system specialist employed to assist businesses in Clark County that are participating in the program with marketing and other efforts.
3. The [Centers, jointly,] Division shall select the lead counselor and manage the NV Grow Program, which must include, without limitation:
(a) The employment of the lead counselor at the College of Southern Nevada who, in addition to his or her other duties, serves as the coordinator of the program;
(b) The employment of a geographic information specialist at the College of Southern Nevada who provides data to clients of the stakeholders group;
[(b)] (c) The appointment of the College of Southern Nevada as administrator of the geographic information system [;
(c)] and fiscal agent for the program;
κ2019 Statutes of Nevada, Page 3667 (CHAPTER 570, AB 224)κ
(d) An analysis and identification by the [Centers] Division of businesses and business sectors in this State that are ready to expand and a determination of which of these businesses and business sectors will participate in the program;
[(d)] (e) Identification by the Centers and the Division of the skilled labor that exists in this State and its potential for growth;
[(e)] (f) Targeting by the Centers and the Division of business sectors and occupations in this State that have demonstrated the ability to grow and stimulate the economy of the State;
[(f)] (g) A focus by the Centers and the Division on the utilization of existing resources;
[(g)] (h) The harnessing of the academic expertise of the College of Southern Nevada and the Centers to provide economic and market data to contribute to the diversification and growth of the economy of this State;
[(h)] (i) The use of geographic information systems by the College of Southern Nevada and the Centers to map areas of this State to determine locations in which retail sales and other commerce are flourishing and locations in which retail sales and commerce demonstrate the capacity for further growth;
[(i)] (j) The elements described in subsection 2;
[(j)] (k) The provision of informational and other assistance by the College of Southern Nevada to businesses and business sectors in this State, including, without limitation, business training, nontraditional marketing techniques and business mentoring; and
[(k)] (l) Such other components as the [Office,] Division, in consultation with the stakeholders group, determines are likely to be necessary, advisable or advantageous for the growth and development of businesses located in this State.
4. The program shall, insofar as is possible, use the resources and expertise of the Centers and make available those resources and that expertise to businesses in this State for the purposes of:
(a) Developing business connections and business mentorships within the program;
(b) Exchanging data and other information with and between businesses and trade associations;
(c) Creating and facilitating peer-to-peer mentoring sessions for participants in the NV Grow Program; and
(d) Providing to businesses and business sectors data and other information that is calculated or otherwise generated through the use of geographic information systems.
5. To the extent possible, the program must be conducted with the goal of selecting [15] at least 30 businesses in Clark County to participate in the program every year.
6. To qualify to participate in the program, a business must:
(a) Have its principal place of business within the State of Nevada and have had its principal place of business in this State for at least 2 years;
(b) Generate at least $50,000 but not more than $700,000 in revenue; and
(c) Have a business plan.
7. As used in this section:
κ2019 Statutes of Nevada, Page 3668 (CHAPTER 570, AB 224)κ
(a) Business plan means a written statement of a set of business goals, the reasons those goals are believed to be attainable and the plan for reaching those goals.
(b) Centers means all institutions of the Nevada System of Higher Education, including, without limitation, the College of Southern Nevada and the University of Nevada, Reno.
(c) Geographic information system means a computerized database management system for the capture, storage, retrieval, analysis and display of spatial or locationally defined data.
(d) [Office means the Office of Economic Development within the Office of the Governor.
(e)] Stakeholders group means a group of persons interested in economic development in this State selected by the [Office,] Division, including, without limitation, a representative of the College of Southern Nevada, the University of Nevada, Las Vegas, the Urban Chamber of Commerce of Las Vegas, the Las Vegas Latin Chamber of Commerce, the Henderson Chamber of Commerce, the Asian Community Development Council, the Valley Center Opportunity Zone, the University of Nevada Cooperative Extension in Clark County, Clark County and incorporated cities in Clark County [.] and various entities affiliated with the Small Business Administration.
Sec. 3. Section 3 of the NV Grow Act, being chapter 459, Statutes of Nevada 2015, as amended by chapter 430, Statutes of Nevada 2017, at page 2882, is hereby amended to read as follows:
Sec. 3. In assisting and carrying out the program described in section 2 of this act, the Centers, as defined in section 2 of this act, shall, without limitation, perform the following services:
1. Analyze data;
2. Ensure that businesses participating in the program understand the manner in which the data so analyzed will be applied to those businesses so that the businesses may make better business decisions and understand the current business market in which they exist;
3. Mentor the businesses as to the optimum use of data received under the program relative to the making of business decisions; and
4. With respect to the businesses participating in the program:
(a) Track the business decisions and growth of each business over the entire period of the program; [and]
(b) Report the data tracked pursuant to paragraph (a), at least once each 6 months, to the [Office of Economic Development within the Office of the Governor.] Division; and
(c) Ensure the development of contacts with the Office of Economic Development and, if appropriate, the Regional Business Development Advisory Council for Clark County to facilitate participation in procurement programs and to further enhance the growth of each business.
Sec. 4. Section 4 of the NV Grow Act, being chapter 459, Statutes of Nevada 2015, at page 2683, is hereby amended to read as follows:
Sec. 4. The [Office of Economic Development within the Office of the Governor] Division shall serve as a consultant to the stakeholders group described in subsection 2 of section 2 of this act, including, without limitation, collecting and analyzing data to ensure that the data used by the Centers is uniform.
κ2019 Statutes of Nevada, Page 3669 (CHAPTER 570, AB 224)κ
including, without limitation, collecting and analyzing data to ensure that the data used by the Centers is uniform.
Sec. 5. Section 4.5 of the NV Grow Act, being chapter 459, Statutes of Nevada 2015, as amended by chapter 430, Statutes of Nevada 2017, at page 2883, is hereby amended to read as follows:
Sec. 4.5. The [Office of Economic Development within the Office of the Governor] Division may apply for any available grants, accept any gifts, grants or donations and use any such gifts, grants or donations to aid the [Office] Division in carrying out the program described in section 2 of this act.
Sec. 6. 1. There is hereby appropriated from the State General Fund to the Nevada System of Higher Education, the sum of $425,000 to allow the College of Southern Nevada to:
(a) Provide or obtain such services as may be necessary to assist and carry out the Program;
(b) Employ a geographic information specialist to assist small businesses who participate in the Program;
(c) Employ the lead counselor selected pursuant to section 2 of the NV Grow Act;
(d) Provide stipends for counselors and members of the faculty of the Nevada System of Higher Education who provide services in connection with the Program; and
(e) Make direct program expenditures to assist and carry out the Program, including, without limitation, data software, marketing tools, interns, field trips and grants to members of the stakeholders group to assist and carry out the Program.
2. All money appropriated by the provisions of this section must be used only for the purposes specified in subsection 1 and no portion of the money may be set aside, distributed or otherwise committed or used for any other purpose, including any indirect costs incurred by any institution of the Nevada System of Higher Education, including, without limitation, the College of Southern Nevada.
3. As used in this section, Program means the NV Grow Program established pursuant to the NV Grow Act.
Sec. 7. Any remaining balance of the appropriation made by section 6 of this act 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.
Sec. 8. Any remaining balance of money received by the Office of Economic Development within the Office of the Governor from any gifts, grants or donations accepted by the Office pursuant to section 4.5 of the NV Grow Act, as that section exists on June 30, 2019, that has not been committed for expenditure before July 1, 2019, must be transferred to an account in the State General Fund administered by the College of Southern Nevada for the purposes of carrying out the provisions of the NV Grow Act.
Sec. 9. This act becomes effective on July 1, 2019.
________
κ2019 Statutes of Nevada, Page 3670κ
Assembly Bill No. 348Assemblymen Gorelow, Munk; Assefa, Flores, Martinez and McCurdy
CHAPTER 571
[Approved: June 12, 2019]
AN ACT relating to occupational safety and health; requiring certain medical facilities to develop and carry out a plan for the prevention of workplace violence and report incidents of workplace violence to the Division of Industrial Relations of the Department of Business and Industry; prohibiting such a medical facility from taking certain actions against an employee or other provider of care who seeks the assistance of a public safety agency in response to workplace violence or who reports workplace violence; requiring such a medical facility to maintain certain records; requiring the Division to publish an annual report concerning workplace violence at such medical facilities; revising provisions relating to staffing at certain health care facilities; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law prohibits an employer from maintaining unsafe or unhealthy places of employment. (NRS 618.385) Existing law imposes certain requirements concerning specific issues related to workplace safety, including the control of asbestos, the operation of cranes and the manufacture and use of explosives and photovoltaic system projects. (NRS 618.750-618.936) Sections 14 and 17 of this bill require a hospital or psychiatric hospital to develop and maintain a plan for the prevention of and response to workplace violence. Section 14 requires certain medical facilities to establish a committee on workplace safety to assist in the development of the plan. Section 14 requires such a plan to require training for employees and other providers of care concerning the prevention of workplace violence at certain times during employment. Section 15 of this bill requires a hospital or psychiatric hospital to collaborate with the committee on workplace safety in developing, reviewing and revising the training.
Section 14 additionally requires the plan to include procedures for responding to workplace violence and situations that create the potential for workplace violence. Section 16 of this bill prescribes the required contents of those procedures. Section 14 further requires the plan to include procedures for: (1) correcting hazards that increase the risk of workplace violence; (2) obtaining assistance from security guards and public safety agencies when appropriate; (3) responding to incidents that create the possibility of mass casualties; and (4) annually assessing the effectiveness of the plan.
Section 17 of this bill requires a hospital or psychiatric hospital to take certain actions relating to the development and implementation of the plan. Section 17 also requires a hospital or psychiatric hospital to carry out certain controls to prevent and mitigate the risk of workplace violence. Section 17 additionally requires a hospital or psychiatric hospital to document and report to the Division of Industrial Relations of the Department of Business and Industry certain incidents of workplace violence. Section 17 bans a hospital or psychiatric hospital from prohibiting an employee or other provider of care from reporting an incident of workplace violence or seeking the assistance of a public safety agency in response to an incident of workplace violence. Section 19.3 of this bill authorizes an employee who is aggrieved by such prohibited actions to file a complaint with the Division for reinstatement and reimbursement for lost wages and work benefits. Section 19.35 additionally authorizes the Division of Public and Behavioral Health of the Department of Health and Human Services to take disciplinary action against a medical facility that retaliates against an employee for reporting workplace violence or seeking the assistance of a public safety agency in response to an incident of workplace violence.
κ2019 Statutes of Nevada, Page 3671 (CHAPTER 571, AB 348)κ
take disciplinary action against a medical facility that retaliates against an employee for reporting workplace violence or seeking the assistance of a public safety agency in response to an incident of workplace violence.
Section 18 of this bill requires a hospital or psychiatric hospital to maintain and make available to the Division of Industrial Relations upon request certain documentation, including: (1) records relating to the identification of hazards and training sessions; and (2) a record of workplace violence. Section 18.5 of this bill requires the Division to adopt regulations to carry out certain provisions of this bill. Section 19 of this bill requires the Division to annually make available copies of certain reports concerning workplace violence at hospitals and psychiatric hospitals. On July 1, 2021, section 19.6 of this bill makes the provisions of this bill applicable to various other medical facilities to the same extent as they apply to hospitals and psychiatric hospitals. Such medical facilities include certain large agencies to provide nursing in the home, independent centers for emergency medical care, facilities for intermediate care, facilities for skilled nursing, facilities for modified medical detoxification and community triage centers.
Existing law requires certain health care facilities, including certain large hospitals and psychiatric hospitals, located in certain highly populated counties to establish a staffing committee to: (1) develop a written policy concerning the refusal of or objection to a work assignment by a nurse or certified nursing assistant; and (2) a documented staffing plan. (NRS 449.242) Section 19.4 of this bill provides that, if a staffing committee is established for a health care facility through collective bargaining, the health care facility is not required to appoint another staffing committee. Section 14 requires a medical facility for which a staffing committee has been established to include the members of the staffing committee on the committee on workplace safety.
Existing law requires: (1) a staffing committee to include representation from each unit of the facility; and (2) a documented staffing plan to include information specific to each such unit. (NRS 449.242, 449.2421) Section 18.5 requires the Division of Industrial Relations of the Department of Business and Industry to define the term unit in consultation with the Division of Public and Behavioral Health of the Department of Health and Human Services and section 19.37 of this bill uses that definition for that purpose.
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 618 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 19, inclusive, of this act.
Sec. 2. As used in sections 2 to 19, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 13, inclusive, of this act have the meaning ascribed to them in those sections.
Sec. 3. Alarm means a mechanical or electronic communication system that does not rely on the vocalization of a person to alert others to an incident of workplace violence.
Sec. 4. Dangerous weapon means an item capable of inflicting death or serious bodily injury, regardless of whether the item was designed for that purpose.
Sec. 5. Engineering control means an aspect of a building, other designed space or device that removes a hazard from the workplace or creates a barrier between an employee or other provider of care and the hazard. The term includes one or more of the following:
1. Electronic access controls to areas occupied by employees or other providers of care;
κ2019 Statutes of Nevada, Page 3672 (CHAPTER 571, AB 348)κ
2. Detectors for weapons, whether installed or handheld;
3. Workstations enclosed with glass that is resistant to shattering;
4. Deep service counters;
5. Separate rooms or areas for patients that pose a high risk of workplace violence;
6. Locks on doors;
7. Furniture affixed to the floor;
8. Opaque glass in rooms for patients that allows an employee or other provider of care to see the location of the patient before entering the room;
9. Closed-circuit television monitoring and video recording;
10. Devices designed to aid the sight of an employee or other provider of care;
11. Personal alarm devices; or
12. Any other measure or device that removes a hazard from the workplace or creates a barrier between an employee or other provider of care and a hazard.
Sec. 6. Medical facility means:
1. A hospital, as defined in NRS 449.012; or
2. A psychiatric hospital, as defined in NRS 449.0165.
Sec. 7. Patient-specific risk factor means a factor specific to a patient that may increase the likelihood or severity of an incident of workplace violence. The term includes one or more of the following:
1. The mental health of a patient;
2. The status of a patients treatment and medication;
3. A history of violent acts by the patient;
4. The use of drugs or alcohol by the patient; or
5. Any other condition that may cause a patient to experience confusion or disorientation, fail to respond to instruction or behave unpredictably.
Sec. 8. Public safety agency means:
1. A public fire department, fire protection district or other agency of this State or a political subdivision of this State, the primary functions of which are to control, extinguish and suppress fires;
2. A law enforcement agency as defined in NRS 277.035; or
3. An emergency medical service.
Sec. 9. Security guard has the meaning ascribed to it in NRS 648.016.
Sec. 10. Threat of violence means a statement or conduct that:
1. Results in a reasonable person fearing for his or her safety because of the likelihood of physical injury; and
2. Has no legitimate purpose.
Sec. 11. (Deleted by amendment.)
Sec. 12. Work practice control means a procedure or rule that is used to reduce the risk of workplace violence, including, without limitation:
1. Assigning and placing staff in a manner that reduces patient-specific risk factors;
2. Employing or contracting with security guards when applicable; and
3. Providing training on methods to prevent workplace violence and respond to incidents of workplace violence.
κ2019 Statutes of Nevada, Page 3673 (CHAPTER 571, AB 348)κ
Sec. 13. Workplace violence means any act of violence or threat of violence that occurs at a medical facility, except for a lawful act of self-defense or defense of another person. The term includes, without limitation:
1. The use or threatened use of physical force against an employee or other provider of care, regardless of whether the employee or other provider of care is physically or psychologically injured; and
2. An incident involving the use or threatened use of a firearm or other dangerous weapon, regardless of whether an employee or other provider of care is physically or psychologically injured.
Sec. 14. 1. A medical facility shall:
(a) Establish a committee on workplace safety, which must consist of:
(1) If a staffing committee has been established for the medical facility pursuant to NRS 449.242 or an applicable collective bargaining agreement:
(I) The members of the staffing committee; and
(II) Employees of the medical facility who work in areas of the medical facility other than those represented on the staffing committee, appointed by the operator of the medical facility.
(2) If a staffing committee has not been established for the medical facility pursuant to NRS 449.242 or an applicable collective bargaining agreement, employees of the medical facility appointed by the operator of the medical facility. Such employees must include, without limitation, employees who work in all major areas of the medical facility.
(b) Develop and maintain a plan for the prevention of and response to workplace violence. The plan must:
(1) Be in writing;
(2) Be in effect at all times;
(3) Be available to be viewed by each employee of the medical facility or other provider of care at the medical facility at all times;
(4) Be specific for each unit, area and location maintained by the medical facility; and
(5) Be developed in collaboration with the committee on workplace safety established pursuant to paragraph (a).
2. The plan developed pursuant to paragraph (b) of subsection 1 must include, without limitation:
(a) A requirement that all employees of the medical facility and other providers of care at the medical facility receive the training described in section 15 of this act concerning the prevention of workplace violence:
(1) Upon the adoption of a new plan for the prevention of workplace violence;
(2) Upon commencing employment and annually thereafter;
(3) Upon commencing new job duties in a new location of the medical facility or a new assignment in a new location of the medical facility; and
(4) When a previously unrecognized hazard is identified or there is a material change in the facility requiring a change to the plan.
(b) Procedures that meet the requirements of section 16 of this act for responding to and investigating incidents of workplace violence.
(c) Procedures that meet the requirements of the regulations adopted pursuant to section 18.5 of this act for assessing and responding to situations that create the potential for workplace violence.
κ2019 Statutes of Nevada, Page 3674 (CHAPTER 571, AB 348)κ
(d) Procedures for correcting hazards that increase the risk of workplace violence, including, without limitation, using engineering controls that are feasible and applicable to the medical facility and work practice controls to eliminate or minimize exposure of employees and other providers of care to such hazards.
(e) Procedures for obtaining assistance from security guards or public safety agencies when appropriate.
(f) Procedures for responding to incidents involving an active shooter and other threats of mass casualties through the use of plans for evacuation and sheltering that are feasible and appropriate for the medical facility.
(g) Procedures for annually assessing, in collaboration with the committee on workplace safety established pursuant to paragraph (a) of subsection 1, the effectiveness of the plan.
Sec. 15. 1. The training provided under the plan developed pursuant to paragraph (b) of subsection 1 of section 14 of this act must address the risks of workplace violence that an employee or other provider of care may be reasonably anticipated to encounter on his or her job and must include, without limitation, instruction concerning:
(a) An explanation of the plan, the manner in which the medical facility plans to address incidents of workplace violence, the manner in which an employee may participate in reviewing and revising the plan and any information necessary for employees and other providers of care to perform the duties that may be required of each employee or other provider of care under the plan;
(b) Recognizing situations that may result in workplace violence;
(c) When and how to respond to and seek assistance in preventing or responding to workplace violence;
(d) Reporting incidents of workplace violence to the medical facility and public safety agencies when appropriate;
(e) Resources available to employees and other providers of care in coping with incidents of workplace violence, including, without limitation, debriefing processes established by the medical facility for use after an incident of workplace violence and available programs to assist employees and other providers of care in recovering from incidents of workplace violence; and
(f) For each employee or other provider of care who has contact with patients, training concerning verbal intervention and de-escalation techniques that:
(1) Allows the employee or other provider of care to practice those techniques with other employees and other providers of care with whom he or she works; and
(2) Includes a meeting to debrief each practice session conducted pursuant to subparagraph (1).
2. A medical facility shall collaborate with the committee on workplace safety established pursuant to paragraph (a) of subsection 1 of section 14 of this act in developing, reviewing and revising the training provided under the plan developed pursuant to paragraph (b) of subsection 1 of section 14 of this act and any curricula or materials used in that training.
Sec. 16. The procedures for responding to and investigating incidents of workplace violence included in the plan adopted pursuant to paragraph (b) of subsection 1 of section 14 of this act must include, without limitation, procedures to:
κ2019 Statutes of Nevada, Page 3675 (CHAPTER 571, AB 348)κ
1. Maintain and use alarms or other communications systems to allow employees and other providers of care to seek immediate assistance during an incident of workplace violence;
2. Ensure an effective response to each incident of workplace violence, including, without limitation, by ensuring that members of the staff of the medical facility are trained to address such incidents and designated to be available to immediately assist in the response to such an incident without interrupting patient care;
3. Provide timely medical care or first aid to employees or other providers of care who have been injured in an incident of workplace violence;
4. Identify each employee or other provider of care involved in an incident of workplace violence;
5. Offer counseling to each employee and other provider of care affected by an incident of workplace violence;
6. Offer the opportunity for each employee and other provider of care, including, without limitation, supervisors and security guards, involved in an incident of workplace violence to debrief as soon as possible after the incident at a time and place that is convenient for the employee or other provider of care;
7. Review any patient-specific risk factors and any measures specified to reduce those factors;
8. Review the implementation and effectiveness of corrective measures taken under the plan; and
9. Solicit the feedback of each employee or other provider of care involved in an incident of workplace violence concerning the precipitating factors of the incident and any measures that may have assisted in preventing the incident.
Sec. 17. 1. A medical facility shall:
(a) Ensure that the plan developed pursuant to paragraph (b) of subsection 1 of section 14 of this act is effectively implemented at all times and in all units, areas and locations of the medical facility.
(b) Coordinate risk assessment and development and implementation of the plan developed pursuant to paragraph (b) of subsection 1 of section 14 of this act with employees who provide care in the medical facility.
(c) Implement engineering controls, work practice controls and other appropriate measures, as applicable, to prevent and mitigate the risk of workplace violence in all units, areas and locations of the facility. Such controls must meet the requirements prescribed in the regulations adopted pursuant to section 18.5 of this act.
2. A medical facility shall:
(a) Encourage employees and other providers of care to report incidents of workplace violence and concerns about workplace violence and seek the assistance of a public safety agency in accordance with the plan developed pursuant to paragraph (b) of subsection 1 of section 14 of this act to respond to an incident of workplace violence; and
(b) Report to the Division any incident of workplace violence that:
(1) Involves the use of physical force against an employee or other provider of care by a patient or a person accompanying a patient;
(2) Involves the use of a firearm or other dangerous weapon; or
(3) Presents a realistic possibility of death or serious physical harm to an employee or other provider of care.
κ2019 Statutes of Nevada, Page 3676 (CHAPTER 571, AB 348)κ
3. A medical facility shall not prohibit an employee or other provider of care from reporting incidents of workplace violence or concerns about workplace violence or seeking the assistance of a public safety agency to respond to an incident of workplace violence in accordance with the plan developed pursuant to paragraph (b) of subsection 1 of section 14 of this act.
Sec. 18. 1. A medical facility shall maintain and make available to the Division upon request records related to incidents of workplace violence and actions taken in compliance with sections 14 to 18.5, inclusive, of this act and the regulations adopted pursuant thereto. Such records must include, without limitation:
(a) Records of the identification, evaluation and correction of hazards that increase the risk of workplace violence.
(b) A record of workplace violence which meets the requirements prescribed by the regulations adopted pursuant to section 18.5 of this act.
(c) A record of each training session provided under the plan developed pursuant to paragraph (b) of subsection 1 of section 14 of this act.
(d) A record of each report to the Division pursuant to paragraph (b) of subsection 2 of section 17 of this act.
(e) Any additional information required by regulation of the Division.
2. Records maintained pursuant to sections 14 to 18.5, inclusive, of this act and the regulations adopted pursuant thereto must not include the personally identifiable information of any patient, employee of the medical facility or other provider of care at the medical facility. Such records must not be maintained or disclosed in a manner that violates NRS 449A.112 or the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and any regulations adopted pursuant thereto.
Sec. 18.5. 1. The Division shall, in consultation with the Division of Public and Behavioral Health of the Department of Health and Human Services, define by regulation the term unit for the purposes of sections 2 to 19, inclusive, of this act.
2. In addition to the regulations adopted pursuant to subsection 1, the Division shall adopt regulations that:
(a) Prescribe minimum requirements for the procedures for assessing and responding to situations that create the potential for workplace violence included in the plan adopted pursuant to paragraph (b) of subsection 1 of section 14 of this act.
(b) Prescribe minimum requirements for the engineering controls, work practice controls and other appropriate measures to prevent and mitigate the risk of workplace violence carried out pursuant to section 17 of this act.
(c) Prescribe the required contents of a record of workplace violence maintained pursuant to section 18 of this act.
Sec. 19. 1. A medical facility shall submit to the Division the most current annual summary of workplace injuries and illnesses compiled pursuant to 29 C.F.R. § 1904.32.
2. The Division shall make available on an Internet website maintained by the Division a copy of the most recent:
(a) Annual summary submitted by each medical facility in this State pursuant to subsection 1;
κ2019 Statutes of Nevada, Page 3677 (CHAPTER 571, AB 348)κ
(b) Reports prepared by the Division of Public and Behavioral Health of the Department of Health and Human Services pursuant to NRS 439.840 and 439.845; and
(c) Sentinel Event Data Summary published by The Joint Commission or its successor organization or, if that summary ceases to be published, a similar report selected by the Division.
Sec. 19.3. NRS 618.445 is hereby amended to read as follows:
618.445 1. A person shall not discharge or in any manner discriminate against any employee because the employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this chapter , [or] has testified or is about to testify in any such proceeding , has performed an action described in subsection 3 of section 17 of this act or because of the exercise by the employee on behalf of himself, herself or others of any right afforded by this chapter.
2. Any employee aggrieved by a violation of subsection 1 may file a complaint for the relief afforded under subsection 3 with the Division. Any complaint must be filed with the Division within 30 days after the violation has occurred and must set forth in writing the facts constituting the violation.
3. Upon receipt of the complaint by the Division, the Administrator shall cause such investigation to be made as the Administrator deems appropriate. If upon investigation, the Administrator determines that the provisions of subsection 1 have been violated, the Administrator shall bring an action in the name of the Administrator in any appropriate district court against the person who has committed the violation.
4. If the court finds that the employee was discharged or discriminated against in violation of subsection 1, the employee is entitled to reinstatement and reimbursement for lost wages and work benefits.
5. Any decision reached by the Administrator relating to the filing of an action pursuant to this section must be made available to the complaining employee within 90 days after the Divisions receipt of the complaint.
Sec. 19.35. NRS 449.205 is hereby amended to read as follows:
449.205 1. A medical facility or any agent or employee thereof shall not retaliate or discriminate unfairly against:
(a) An employee of the medical facility or a person acting on behalf of the employee who in good faith:
(1) Reports to the Board of Medical Examiners or the State Board of Osteopathic Medicine, as applicable, information relating to the conduct of a physician which may constitute grounds for initiating disciplinary action against the physician or which otherwise raises a reasonable question regarding the competence of the physician to practice medicine with reasonable skill and safety to patients;
(2) Reports a sentinel event to the Division pursuant to NRS 439.835; or
(3) Cooperates or otherwise participates in an investigation or proceeding conducted by the Board of Medical Examiners, the State Board of Osteopathic Medicine or another governmental entity relating to conduct described in subparagraph (1) or (2); [or]
(b) A registered nurse, licensed practical nurse, nursing assistant or medication aide - certified who is employed by or contracts to provide nursing services for the medical facility and who:
(1) In accordance with the policy, if any, established by the medical facility:
κ2019 Statutes of Nevada, Page 3678 (CHAPTER 571, AB 348)κ
(I) Reports to his or her immediate supervisor, in writing, that he or she does not possess the knowledge, skill or experience to comply with an assignment to provide nursing services to a patient; and
(II) Refuses to provide to a patient nursing services for which, as verified by documentation in the personnel file of the registered nurse, licensed practical nurse, nursing assistant or medication aide - certified concerning his or her competence to provide various nursing services, he or she does not possess the knowledge, skill or experience to comply with the assignment to provide nursing services to the patient, unless the refusal constitutes unprofessional conduct as set forth in chapter 632 of NRS or any regulations adopted pursuant thereto;
(2) In accordance with a policy adopted pursuant to NRS 449.2423, requests to be relieved of, refuses or objects to a work assignment;
(3) In good faith, reports to the medical facility, the Board of Medical Examiners, the State Board of Osteopathic Medicine, the State Board of Nursing, the Legislature or any committee thereof or any other governmental entity:
(I) Any information concerning the willful conduct of another registered nurse, licensed practical nurse, nursing assistant or medication aide - certified which violates any provision of chapter 632 of NRS or which is required to be reported to the State Board of Nursing;
(II) Any concerns regarding patients who may be exposed to a substantial risk of harm as a result of the failure of the medical facility or any agent or employee thereof to comply with minimum professional or accreditation standards or applicable statutory or regulatory requirements; or
(III) Any other concerns regarding the medical facility, the agents and employees thereof or any situation that reasonably could result in harm to patients; or
(4) Refuses to engage in conduct that would violate the duty of the registered nurse, licensed practical nurse, nursing assistant or medication aide - certified to protect patients from actual or potential harm, conduct which would violate any provision of chapter 632 of NRS or conduct which would subject the registered nurse, licensed practical nurse, nursing assistant or medication aide - certified to disciplinary action by the State Board of Nursing [.] ; or
(c) An employee or other provider of care who takes an action described in subsection 3 of section 17 of this act.
2. A medical facility or any agent or employee thereof shall not retaliate or discriminate unfairly against an employee of the medical facility or a registered nurse, licensed practical nurse, nursing assistant or medication aide - certified who is employed by or contracts to provide nursing services for the medical facility because the employee, registered nurse, licensed practical nurse, nursing assistant or medication aide - certified has taken an action described in subsection 1.
3. A medical facility or any agent or employee thereof shall not prohibit, restrict or attempt to prohibit or restrict by contract, policy, procedure or any other manner the right of an employee of the medical facility or a registered nurse, licensed practical nurse, nursing assistant or medication aide - certified who is employed by or contracts to provide nursing services for the medical facility to take an action described in subsection 1.
4. As used in this section:
κ2019 Statutes of Nevada, Page 3679 (CHAPTER 571, AB 348)κ
(a) Good faith means honesty in fact in the reporting of the information or in the cooperation in the investigation concerned.
(b) Physician means a person licensed to practice medicine pursuant to chapter 630 or 633 of NRS.
(c) Retaliate or discriminate:
(1) Includes, without limitation, any of the following actions if taken solely because the employee, registered nurse, licensed practical nurse, nursing assistant or medication aide - certified took an action described in subsection 1:
(I) Frequent or undesirable changes in the location where the person works;
(II) Frequent or undesirable transfers or reassignments;
(III) The issuance of letters of reprimand, letters of admonition or evaluations of poor performance;
(IV) A demotion;
(V) A reduction in pay;
(VI) The denial of a promotion;
(VII) A suspension;
(VIII) A dismissal;
(IX) A transfer; or
(X) Frequent changes in working hours or workdays.
(2) Does not include an action described in sub-subparagraphs (I) to (X), inclusive, of subparagraph (1) if the action is taken in the normal course of employment or as a form of discipline.
Sec. 19.37. NRS 449.2418 is hereby amended to read as follows:
449.2418 Unit [means a component within a health care facility for providing patient care.] has the meaning ascribed to it by regulation of the Division.
Sec. 19.4. NRS 449.242 is hereby amended to read as follows:
449.242 1. [Each] Except as otherwise provided in subsection 4, each hospital located in a county whose population is 100,000 or more and which is licensed to have more than 70 beds shall establish a staffing committee to develop a written policy as required pursuant to NRS 449.2423 and a documented staffing plan as required pursuant to NRS 449.2421. [The] Each staffing committee established pursuant to this subsection must consist of:
(a) Not less than one-half of the total regular members of the staffing committee from the licensed nursing staff and certified nursing assistants who are providing direct patient care at the hospital. The members described in this paragraph must consist of:
(1) One member representing each unit of the hospital who is a licensed nurse who provides direct patient care on that unit, elected by the licensed nursing staff who provide direct patient care on the unit that the member will represent.
(2) One member representing each unit of the hospital who is a certified nursing assistant who provides direct patient care on that unit, elected by the certified nursing assistants who provide direct patient care on the unit that the member will represent.
(b) Not less than one-half of the total regular members of the staffing committee appointed by the administration of the hospital.
(c) One alternate member representing each unit of the hospital who is a licensed nurse or certified nursing assistant who provides direct patient care on that unit, elected by the licensed nursing staff and certified nursing assistants who provide direct patient care on the unit that the member represents.
κ2019 Statutes of Nevada, Page 3680 (CHAPTER 571, AB 348)κ
on that unit, elected by the licensed nursing staff and certified nursing assistants who provide direct patient care on the unit that the member represents.
2. Each time a new staffing committee is formed [,] pursuant to subsection 1, the administration of the hospital shall hold an election to select the members described in paragraphs (a) and (c) of subsection 1. Each licensed nurse and certified staffing assistant who provides direct patient care at the hospital must be allowed at least 3 days to vote for:
(a) The regular member described in paragraph (a) of subsection 1 who will represent his or her unit and profession; and
(b) The alternate member described in paragraph (c) of subsection 1 who will represent his or her unit.
3. If a vacancy occurs in a position on a staffing committee described in paragraph (a) or (c) of subsection 1, a new regular or alternate member, as applicable, must be elected in the same manner as his or her predecessor.
4. If a staffing committee is established for a health care facility described in subsection 1 through collective bargaining with an employee organization representing the licensed nursing staff and certified nursing assistants of the health care facility:
(a) The health care facility is not required to form a staffing committee pursuant to that subsection; and
(b) The staffing committee established pursuant to the collective bargaining agreement shall be deemed to be the staffing committee established for the health care facility pursuant to subsection 1.
5. In developing the written policy and the staffing plan, the staffing committee shall consider, without limitation, the information received pursuant to paragraph (b) of subsection 5 of NRS 449.2423 regarding requests to be relieved of a work assignment, refusals of a work assignment and objections to a work assignment.
[5.] 6. The staffing committee of a hospital shall meet at least quarterly.
[6.] 7. Each hospital that is required to establish a staffing committee pursuant to this section shall prepare a written report concerning the establishment of the staffing committee, the activities and progress of the staffing committee and a determination of the efficacy of the staffing committee. The hospital shall submit the report on or before December 31 of each:
(a) Even-numbered year to the Director of the Legislative Counsel Bureau for transmission to the next regular session of the Legislature.
(b) Odd-numbered year to the Legislative Committee on Health Care.
Sec. 19.6. Section 6 of this bill is hereby amended to read as follows:
Sec. 6. Medical facility means:
1. A hospital, as defined in NRS 449.012; [or]
2. A psychiatric hospital, as defined in NRS 449.0165 [.] ;
3. An agency to provide nursing in the home, as defined in NRS 449.0015, that has at least 50 employees;
4. An independent center for emergency medical care, as defined in NRS 449.013;
5. A facility for intermediate care, as defined in NRS 449.0038;
6. A facility for skilled nursing, as defined in NRS 449.0039;
κ2019 Statutes of Nevada, Page 3681 (CHAPTER 571, AB 348)κ
7. A facility for modified medical detoxification, as defined in NRS 449.00385; or
8. A community triage center, as defined in NRS 449.0031.
Sec. 20. The provisions of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 21. 1. This section and sections 1 to 19.4, inclusive, and 20 of this act become effective:
(a) 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
(b) On July 1, 2020, for all other purposes.
2. Section 19.6 of this act becomes effective:
(a) 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
(b) On July 1, 2021, for all other purposes.
________
Assembly Bill No. 445Committee on Taxation
CHAPTER 572
[Approved: June 12, 2019]
AN ACT relating to taxation; requiring certain persons who facilitate retail sales of tangible personal property in this State to collect and remit sales and use taxes owed on such retail sales which they facilitate; providing that certain persons who facilitate retail sales of tangible personal property in this State are not liable for the failure to collect and remit sales and use taxes under certain circumstances; authorizing the Department of Taxation to adopt regulations to require certain persons who list or advertise products to customers in this State to collect and remit sales and use taxes unless certain notice and reporting requirements are met; making an appropriation; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law imposes upon each retailer a sales tax measured by the gross receipts of the retailer from the retail sale of tangible personal property in this State. (NRS 372.105, 374.110, 374.111) Under existing law, a retailer is required to collect the sales tax from the purchaser in a transaction to which the sales tax applies. (NRS 372.110, 374.115)
Existing law also imposes a use tax on the storage, use or other consumption in this State of tangible personal property purchased outside of this State from a retailer in a transaction that would have been subject to the sales tax in this State if it had occurred within this State. (NRS 372.185, 374.190, 374.191) Under existing law, the use tax is required to be paid by the purchaser who stores, uses or consumes the tangible personal property in this State, but any retailer maintaining a place of business in this State is required to collect the use tax from the purchaser at the time of the sale. (NRS 372.190, 372.195, 374.195, 374.200)
κ2019 Statutes of Nevada, Page 3682 (CHAPTER 572, AB 445)κ
The provisions of existing law relating to the imposition, collection and remittance of sales and use taxes apply to every retailer who has a sufficient nexus with this State to satisfy the requirements of the United States Constitution, including certain retailers who do not maintain a physical presence in this State. (NRS 372.724, 374.724; LCB File No. 189-18)
Sections 5 and 13 of this bill require a marketplace facilitator, which is defined by section 3 of this bill to include certain persons who directly or indirectly facilitate retail sales to customers in this State, to collect and remit sales and use taxes if the marketplace facilitator, in the calendar year or in the immediately preceding calendar year: (1) had cumulative gross receipts from retail sales made to customers in this State, on its own behalf or on behalf of a seller, which exceeded $100,000; or (2) made or facilitated 200 or more separate retail sales transactions, on its own behalf or on behalf of a seller. Sections 5 and 13 provide that a marketplace facilitator is not required to collect and remit sales and use taxes if: (1) the marketplace facilitator and a seller making sales through the marketplace facilitator have entered into a written agreement whereby the seller agrees to assume responsibility for the collection and remittance of sales and use taxes on retail sales made by the seller through the marketplace facilitator; and (2) the seller is registered with the Department of Taxation to collect sales and use taxes on retail sales made by the seller. Under sections 5 and 13, a marketplace facilitator is required, upon the request of the Department of Taxation, to provide a report to the Department containing certain information about each seller with whom the marketplace facilitator has entered into such an agreement.
Sections 6 and 14 of this bill provide that a marketplace facilitator is not liable for the payment of sales and use tax for a retail sale which the marketplace facilitator made or facilitated on behalf of a seller if the marketplace facilitator provides proof that the marketplace facilitator made a reasonable effort to obtain accurate information from the seller regarding the retail sale and the failure to collect and remit the correct sales tax on the retail sale was due to incorrect information provided by the seller. Sections 6 and 14 also provide that a marketplace facilitator is not liable for the payment of sales and use tax, up to a certain amount, for a retail sale which the marketplace facilitator made or facilitated on behalf of a seller through the marketplace of the marketplace facilitator if the sale was made before January 1, 2021, and the failure to collect the sales tax or use tax was due to an error other than an error in sourcing the retail sale.
Sections 7 and 15 of this bill authorize the Department of Taxation to adopt regulations requiring referrers, which are defined in sections 7 and 15 as certain persons who receive a fee in exchange for listing or advertising a product for a seller but do not collect money or other consideration from a customer, to impose, collect and remit sales and use taxes if, in the calendar year or in the immediately preceding calendar year: (1) 200 or more retail sales to customers in this State result from referrals made by the referrer; or (2) the cumulative gross receipts of sales resulting from such referrals exceed $100,000. Sections 7 and 15 require any regulations adopted by the Department to provide that a referrer is not required to collect and remit sales and use taxes if the referrer complies with certain notice requirements and makes a periodic report to the Department.
Sections 8 and 16 of this bill provide that the provisions of this bill do not create a private right of action against a marketplace facilitator and that a marketplace facilitator is immune from civil liability for claims arising from the overpayment of sales and use tax if the marketplace facilitator acted in good faith.
Section 16.5 of this bill makes an appropriation to the Interim Finance Committee for allocation to the Department of Taxation for personnel and operating costs incurred by the Department relating to the implementation of this bill.
κ2019 Statutes of Nevada, Page 3683 (CHAPTER 572, AB 445)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 372 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 8, inclusive, of this act.
Sec. 2. As used in sections 2 to 8, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 2.5, 3 and 4 of this act have the meanings ascribed to them in those sections.
Sec. 2.5. Affiliate means a person who directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or control with, another person. For the purposes of this section, control shall be presumed to exist if any person directly or indirectly owns, controls, holds with the power to vote or holds proxies representing 10 percent or more of the voting securities of any other person. This presumption may be rebutted by a showing that control does not exist in fact.
Sec. 3. 1. Marketplace facilitator means a person, including any affiliate of the person, who:
(a) Directly or indirectly, does one or more of the following to facilitate a retail sale:
(1) Lists, makes available or advertises tangible personal property for sale by a marketplace seller in a marketplace owned, operated or controlled by the person;
(2) Facilitates the sale of a marketplace sellers product through a marketplace by transmitting or otherwise communicating an offer or acceptance of a retail sale of tangible personal property between a marketplace seller and a purchaser in a forum including a shop, store, booth, catalog, Internet site or similar forum;
(3) Owns, rents, licenses, makes available or operates any electronic or physical infrastructure or any property, process, method, copyright, trademark or patent that connects marketplace sellers to purchasers for the purpose of making retail sales of tangible personal property;
(4) Provides a marketplace for making retail sales of tangible personal property, or otherwise facilitates retail sales of tangible personal property, regardless of ownership or control of the tangible personal property that is the subject of the retail sale;
(5) Provides software development or research and development activities related to any activity described in this subsection, if such software development or research and development activities are directly related to the physical or electronic marketplace provided by a marketplace provider;
(6) Provides or offers fulfillment or storage services for a marketplace seller;
(7) Sets prices for the sale of tangible personal property by a marketplace seller;
(8) Provides or offers customer service to a marketplace seller or the customers of a marketplace seller, or accepts or assists with taking orders, returns or exchanges of tangible personal property sold by a marketplace seller; or
κ2019 Statutes of Nevada, Page 3684 (CHAPTER 572, AB 445)κ
(9) Brands or otherwise identifies sales as those of the marketplace facilitator; and
(b) Directly or indirectly, does one or more of the following to facilitate a retail sale:
(1) Collects the sales price or purchase price of a retail sale of tangible personal property;
(2) Provides payment processing services for a retail sale of tangible personal property;
(3) Charges, collects or otherwise receives selling fees, listing fees, referral fees, closing fees, fees for inserting or making available tangible personal property on a marketplace or other consideration from the facilitation of a retail sale of tangible personal property, regardless of ownership or control of the tangible personal property that is the subject of the retail sale;
(4) Through terms and conditions, agreements or arrangements with a third party, collects payment in connection with a retail sale of tangible personal property from a purchaser and transmits that payment to the marketplace seller, regardless of whether the person collecting and transmitting such payment receives compensation or other consideration in exchange for the service; or
(5) Provides a virtual currency that purchasers are allowed or required to use to purchase tangible personal property.
2. The term does not include:
(a) A person who provides Internet advertising services, including, without limitation, the listing of products for sale, if the person does not directly or indirectly or through an affiliate:
(1) Transmit or otherwise communicate an offer or acceptance of a retail sale of tangible personal property between a marketplace seller and a purchaser; and
(2) Do one or more of the activities listed in paragraph (b) of subsection 1.
(b) A person who arranges, books or otherwise facilitates, for a commission, fee or other consideration, vacation or travel packages or rental car or other travel reservations or accommodations through a marketplace owned, operated or controlled by the person. The exclusion set forth in this paragraph applies only with respect to the arranging, booking or facilitation, for a commission, fee or other consideration, of the lease or rental of a passenger car, as defined in NRS 482.087.
Sec. 4. Marketplace seller means:
1. A seller who makes retail sales through any physical or electronic marketplace owned, operated or controlled by a marketplace facilitator, even if such seller would not have been required to collect and remit the sales tax or use tax had the sale not been made through such marketplace; or
2. A seller who makes retail sales resulting from a referral by a referrer, even if such seller would not have been required to collect and remit the sales tax or use tax had the sale not been made through such referrer.
Sec. 5. 1. Except as otherwise provided in this section and section 6 of this act, the provisions of this chapter relating to the imposition, collection and remittance of the sales tax, and the collection and remittance of the use tax, apply to a marketplace facilitator during a calendar year in which or during a calendar year immediately following any calendar year in which:
κ2019 Statutes of Nevada, Page 3685 (CHAPTER 572, AB 445)κ
remittance of the use tax, apply to a marketplace facilitator during a calendar year in which or during a calendar year immediately following any calendar year in which:
(a) The cumulative gross receipts from retail sales made or facilitated by the marketplace facilitator on its own behalf or for one or more marketplace sellers to customers in this State exceed $100,000; or
(b) The marketplace facilitator makes or facilitates 200 or more separate retail sales transactions on his or her own behalf or for one or more marketplace sellers to customers in this State.
2. The provisions of this chapter relating to the imposition, collection and remittance of sales tax and the collection and remittance of use tax do not apply to a marketplace facilitator described in subsection 1 if:
(a) The marketplace facilitator and the marketplace seller have entered into a written agreement whereby the marketplace seller assumes responsibility for the collection and remittance of the sales tax, and the collection and remittance of the use tax, for retail sales made by the marketplace seller through the marketplace facilitator; and
(b) The marketplace seller has obtained a permit pursuant to NRS 372.125 or registered pursuant to NRS 360B.200.
Κ Upon request of the Department, a marketplace facilitator shall provide to the Department a report containing the name of each marketplace seller with whom the marketplace facilitator has entered into an agreement pursuant to this subsection and such other information as the Department determines is necessary to ensure that each marketplace seller with whom the marketplace facilitator has entered into an agreement pursuant to this subsection has obtained a permit pursuant to NRS 372.125 or registered pursuant to NRS 360B.200.
3. Except as otherwise provided in this section and section 6 of this act, the provisions of subsection 1 apply regardless of whether:
(a) The marketplace seller for whom a marketplace facilitator makes or facilitates a retail sale would not have been required to collect and remit the sales tax or the use tax had the retail sale not been facilitated by the marketplace facilitator;
(b) The marketplace seller for whom a marketplace facilitator makes or facilitates a retail sale was required to register with the Department pursuant to NRS 360B.200 or obtain a permit pursuant to NRS 372.125; or
(c) The amount of the sales price of a retail sale will ultimately accrue to or benefit the marketplace facilitator, the marketplace seller or any other person.
4. In administering the provisions of this chapter, the Department shall construe the terms seller, retailer and retailer maintaining a place of business in this State in accordance with the provisions of this section.
Sec. 6. 1. In administering the provisions of this chapter, the Department shall not hold a marketplace facilitator liable for the payment of any tax imposed by this chapter which is attributable to a retail sale made or facilitated on behalf of a marketplace seller who is not an affiliate of the marketplace facilitator if:
(a) The marketplace facilitator provides proof satisfactory to the Department that the marketplace facilitator has made a reasonable effort to obtain accurate information from the marketplace seller about the retail sale; and
κ2019 Statutes of Nevada, Page 3686 (CHAPTER 572, AB 445)κ
(b) The failure to collect and remit the correct tax on the retail sale was due to incorrect information provided to the marketplace facilitator by the marketplace seller.
2. Except as otherwise provided in subsection 3, in administering the provisions of this chapter, the Department shall not hold a marketplace facilitator liable for the payment of any tax imposed by this chapter which is attributable to a retail sale made or facilitated on behalf of a marketplace seller who is not an affiliate of the marketplace facilitator if the marketplace facilitator provides proof satisfactory to the Department that:
(a) The retail sale was made before January 1, 2021;
(b) The retail sale was made through a marketplace of the marketplace facilitator; and
(c) The failure to collect the sales tax or use tax was due to an error other than an error in sourcing the retail sale.
3. The relief from liability provided pursuant to subsection 2 for the 2019 and 2020 calendar year, respectively, shall not exceed 5 percent of the total sales and use tax owed for the calendar year on the cumulative gross receipts of the marketplace facilitator from retail sales made or facilitated by the marketplace facilitator for one or more marketplace sellers to customers in this State.
4. If a marketplace facilitator is relieved of liability for the collection and remittance of any amount of the sales tax or use tax pursuant to subsection 1, the marketplace seller or purchaser, as applicable, is liable for the payment of such uncollected, unpaid or unremitted tax.
5. To the extent that a marketplace facilitator is relieved of liability for the collection and remittance of any tax pursuant to subsections 2 and 3, the marketplace seller for whom the marketplace facilitator made or facilitated the retail sale giving rise to the tax is also relieved of such liability.
6. Nothing in this section shall be construed to relieve any person of liability for collecting but failing to remit to the Department any tax imposed by this chapter.
Sec. 7. 1. The Department may provide by regulation that, except as otherwise provided in this section, the provisions of this chapter relating to the imposition, collection and remittance of the sales tax, and the collection and remittance of the use tax, apply to a referrer during a calendar year in which, or during a calendar year immediately following any calendar year in which:
(a) The cumulative gross receipts from retail sales to customers in this State resulting from referrals from a platform of the referrer are in excess of $100,000; or
(b) There are 200 or more separate retail sales transactions involving sales to customers in this State resulting from referrals from a platform of the referrer.
2. Any regulations adopted by the Department pursuant to subsection 1 must provide that the provisions of this chapter relating to the imposition, collection and remittance of the sales tax, and the collection and remittance of the use tax do not apply to a referrer described in subsection 1 if the referrer:
(a) Posts a conspicuous notice on each platform of the referrer that includes all of the following:
κ2019 Statutes of Nevada, Page 3687 (CHAPTER 572, AB 445)κ
(1) A statement that sales and use tax is due on certain purchases;
(2) A statement that the marketplace seller from whom the person is purchasing on the platform may or may not collect and remit sales and use tax on a purchase;
(3) A statement that Nevada requires the purchaser to pay sales or use tax and file a sales and use tax return if sales or use tax is not collected at the time of the sale by the marketplace seller;
(4) Information informing the purchaser that the notice is provided under the requirements of this section; and
(5) Instructions for obtaining additional information from the Department regarding whether and how to remit sales and use tax;
(b) The referrer provides a monthly notice to each marketplace seller to whom the referrer made a referral of a potential customer located in this State during the previous calendar year, which monthly notice shall contain all of the following:
(1) A statement that Nevada imposes sales and use tax on retail sales in this State;
(2) A statement that a marketplace facilitator or other retailer making retail sales in this State must collect and remit sales and use tax; and
(3) Instructions for obtaining additional information from the Department regarding the collection and remittance of sales and use tax; and
(c) The referrer provides the Department with periodic reports in an electronic format and in the manner prescribed by the Department, which reports contain all of the following:
(1) A list of marketplace sellers who received a notice from the referrer pursuant to paragraph (b);
(2) A list of marketplace sellers that collect and remit sales and use tax and that list or advertise the marketplace sellers products for sale on a platform of the referrer; and
(3) An affidavit signed under penalty of perjury from an officer of the referrer affirming that the referrer made reasonable efforts to comply with the applicable sales and use tax notice and reporting requirements of this subsection.
3. Any regulations adopted by the Department pursuant to subsection 1 must provide that in administering the provisions of this chapter, the Department shall construe the terms seller, retailer and retailer maintaining a place of business in this State in accordance with the provisions of this section.
4. Any regulations adopted by the Department pursuant to subsection 1 must apply only to referrals by a referrer and shall not preclude the applicability of other provisions of this chapter to a person who is a referrer and is also a retailer, a marketplace facilitator or a marketplace seller.
5. As used in this section:
(a) Platform means an electronic or physical medium, including, without limitation, an Internet site or catalog, that is owned, operated or controlled by a referrer.
(b) Referral means the transfer through telephone, Internet link or other means by a referrer of a potential customer to a retailer or seller who advertises or lists products for sale on a platform of the referrer.
κ2019 Statutes of Nevada, Page 3688 (CHAPTER 572, AB 445)κ
(c) Referrer:
(1) Means a person who does all of the following:
(I) Contracts or otherwise agrees with a retailer, seller or marketplace facilitator to list or advertise for sale a product of the retailer, seller or marketplace facilitator on a platform, provided such listing or advertisement identifies whether or not the retailer, seller or marketplace facilitator collects sales and use tax;
(II) Receives a commission, fee or other consideration from the retailer, seller or marketplace facilitator for the listing or advertisement;
(III) Provides referrals to a retailer, seller or marketplace facilitator, or an affiliate of a retailer, seller or marketplace facilitator; and
(IV) Does not collect money or other consideration from the customer for the transaction.
(2) Does not include:
(I) A person primarily engaged in the business of printing or publishing a newspaper; or
(II) A person who does not provide the retailers, sellers or marketplace facilitators shipping terms and who does not advertise whether a retailer, seller or marketplace facilitator collects sales or use tax.
Sec. 8. 1. Nothing in sections 2 to 8, inclusive, of this act shall be construed to create any remedy or private right of action against a marketplace facilitator.
2. A marketplace facilitator that is required to collect taxes imposed by this chapter is immune from civil liability for claims arising from or related to the overpayment of taxes imposed by this chapter if the marketplace facilitator acted in good faith and without malicious intent.
3. Nothing in this section shall apply to or otherwise limit:
(a) Any claim, action, mandate, power, remedy or discretion of the Department, or an agent or designee of the Department.
(b) The right of a taxpayer to seek a refund pursuant to NRS 372.630 to 372.720, inclusive.
Sec. 9. Chapter 374 of NRS is hereby amended by adding thereto the provisions set forth as sections 10 to 16, inclusive, of this act.
Sec. 10. As used in sections 10 to 16, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 10.5, 11 and 12 of this act have the meanings ascribed to them in those sections.
Sec. 10.5. Affiliate means a person who directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or control with, another person. For the purposes of this section, control shall be presumed to exist if any person directly or indirectly owns, controls, holds with the power to vote or holds proxies representing 10 percent or more of the voting securities of any other person. This presumption may be rebutted by a showing that control does not exist in fact.
Sec. 11. 1. Marketplace facilitator means a person, including any affiliate of the person, who:
(a) Directly or indirectly, does one or more of the following to facilitate a retail sale:
(1) Lists, makes available or advertises tangible personal property for sale by a marketplace seller in a marketplace owned, operated or controlled by the person;
κ2019 Statutes of Nevada, Page 3689 (CHAPTER 572, AB 445)κ
(2) Facilitates the sale of a marketplace sellers product through a marketplace by transmitting or otherwise communicating an offer or acceptance of a retail sale of tangible personal property between a marketplace seller and a purchaser in a forum including a shop, store, booth, catalog, internet site or similar forum;
(3) Owns, rents, licenses, makes available or operates any electronic or physical infrastructure or any property, process, method, copyright, trademark or patent that connects marketplace sellers to purchasers for the purpose of making retail sales of tangible personal property;
(4) Provides a marketplace for making retail sales of tangible personal property, or otherwise facilitates retail sales of tangible personal property, regardless of ownership or control of the tangible personal property that is the subject of the retail sale;
(5) Provides software development or research and development activities related to any activity described in this subsection, if such software development or research and development activities are directly related to the physical or electronic marketplace provided by a marketplace provider;
(6) Provides or offers fulfillment or storage services for a marketplace seller;
(7) Sets prices for the sale of tangible personal property by a marketplace seller;
(8) Provides or offers customer service to a marketplace seller or the customers of a marketplace seller, or accepts or assists with taking orders, returns or exchanges of tangible personal property sold by a marketplace seller; or
(9) Brands or otherwise identifies sales as those of the marketplace facilitator; and
(b) Directly or indirectly, does one or more of the following to facilitate a retail sale:
(1) Collects the sales price or purchase price of a retail sale of tangible personal property;
(2) Provides payment processing services for a retail sale of tangible personal property;
(3) Charges, collects or otherwise receives selling fees, listing fees, referral fees, closing fees, fees for inserting or making available tangible personal property on a marketplace or other consideration from the facilitation of a retail sale of tangible personal property, regardless of ownership or control of the tangible personal property that is the subject of the retail sale;
(4) Through terms and conditions, agreements or arrangements with a third party, collects payment in connection with a retail sale of tangible personal property from a purchaser and transmits that payment to the marketplace seller, regardless of whether the person collecting and transmitting such payment receives compensation or other consideration in exchange for the service; or
(5) Provides a virtual currency that purchasers are allowed or required to use to purchase tangible personal property.
2. The term does not include:
κ2019 Statutes of Nevada, Page 3690 (CHAPTER 572, AB 445)κ
(a) A person who provides Internet advertising services, including, without limitation, the listing of products for sale, if the person does not directly or indirectly or through an affiliate:
(1) Transmit or otherwise communicate an offer or acceptance of a retail sale of tangible personal property between a marketplace seller and a purchaser; and
(2) Do one or more of the activities listed in paragraph (b) of subsection 1.
(b) A person who arranges, books or otherwise facilitates, for a commission, fee or other consideration, vacation or travel packages or rental car or other travel reservations or accommodations through a marketplace owned, operated or controlled by the person. The exclusion set forth in this paragraph applies only with respect to the arranging, booking or facilitation, for a commission, fee or other consideration, of the lease or rental of a passenger car, as defined in NRS 482.087.
Sec. 12. Marketplace seller means:
1. A seller who makes retail sales through any physical or electronic marketplace owned, operated or controlled by a marketplace facilitator, even if such seller would not have been required to collect and remit the sales tax or use tax had the sale not been made through such marketplace; or
2. A seller who makes retail sales resulting from a referral by a referrer, even if such seller would not have been required to collect and remit the sales tax or use tax had the sale not been made through such referrer.
Sec. 13. 1. Except as otherwise provided in this section and section 14 of this act, the provisions of this chapter relating to the imposition, collection and remittance of the sales tax, and the collection and remittance of the use tax, apply to a marketplace facilitator during a calendar year in which, or during a calendar year immediately following any calendar year in which:
(a) The cumulative gross receipts from retail sales made or facilitated by the marketplace facilitator on his or her own behalf or for one or more marketplace sellers to customers in this State exceed $100,000; or
(b) The marketplace facilitator makes or facilitates 200 or more separate retail sales transactions on his or her own behalf or for one or more marketplace sellers to customers in this State.
2. The provisions of this chapter relating to the imposition, collection and remittance of the sales tax, and the collection and remittance of the use tax do not apply to a marketplace facilitator described in subsection 1 if:
(a) The marketplace facilitator and the marketplace seller have entered into a written agreement whereby the marketplace seller assumes responsibility for the collection and remittance of the sales tax, and the collection and remittance of the use tax for retail sales made by the marketplace seller through the marketplace facilitator; and
(b) The marketplace seller has obtained a permit pursuant to NRS 374.130 or registered pursuant to NRS 360B.200.
Κ Upon request of the Department, a marketplace facilitator shall provide to the Department a report containing the name of each marketplace seller with whom the marketplace facilitator has entered into an agreement pursuant to this subsection and such other information as the Department determines is necessary to ensure that each marketplace seller with whom the marketplace facilitator has entered into an agreement pursuant to this subsection has obtained a permit pursuant to NRS 374.130 or registered pursuant to NRS 360B.200.
κ2019 Statutes of Nevada, Page 3691 (CHAPTER 572, AB 445)κ
determines is necessary to ensure that each marketplace seller with whom the marketplace facilitator has entered into an agreement pursuant to this subsection has obtained a permit pursuant to NRS 374.130 or registered pursuant to NRS 360B.200.
3. The provisions of subsection 1 apply regardless of whether:
(a) The marketplace seller for whom a marketplace facilitator makes or facilitates a retail sale would not have been required to collect and remit the sales tax or use tax had the retail sale not been facilitated by the marketplace facilitator.
(b) The marketplace seller for whom a marketplace facilitator makes or facilitates a retail sale was required to register with the Department pursuant to NRS 360B.200 or obtain a permit pursuant to NRS 374.130.
(c) The amount of the sales price of a retail sale will ultimately accrue to or benefit the marketplace facilitator, the marketplace seller or any other person.
4. In administering the provisions of this chapter, the Department shall construe the terms seller, retailer and retailer maintaining a place of business in this State in accordance with the provisions of this section.
Sec. 14. 1. In administering the provisions of this chapter, the Department shall not hold a marketplace facilitator liable for the payment of any tax imposed by this chapter which is attributable to a retail sale made or facilitated on behalf of a marketplace seller who is not an affiliate of the marketplace facilitator if:
(a) The marketplace facilitator provides proof satisfactory to the Department that the marketplace facilitator has made a reasonable effort to obtain accurate information from the marketplace seller about the retail sale; and
(b) The failure to collect and remit the correct tax on the retail sale was due to incorrect information provided to the marketplace facilitator by the marketplace seller.
2. Except as otherwise provided in subsection 3, in administering the provisions of this chapter, the Department shall not hold a marketplace facilitator liable for the payment of any tax imposed by this chapter which is attributable to a retail sale made or facilitated on behalf of a marketplace seller who is not an affiliate of the marketplace facilitator if the marketplace facilitator provides proof satisfactory to the Department that:
(a) The retail sale was made before January 1, 2021;
(b) The retail sale was made through a marketplace of the marketplace facilitator; and
(c) The failure to collect the sales tax or use tax was due to an error other than an error in sourcing the retail sale.
3. The relief from liability provided pursuant to subsection 2 for the 2019 and 2020 calendar year, respectively, shall not exceed 5 percent of the total sales and use tax owed for the calendar year on the cumulative gross receipts of the marketplace facilitator from retail sales made or facilitated by the marketplace facilitator for one or more marketplace sellers to customers in this State.
κ2019 Statutes of Nevada, Page 3692 (CHAPTER 572, AB 445)κ
4. If a marketplace facilitator is relieved of liability for the collection and remittance of any amount of the sales tax or use tax pursuant to subsection 1, the marketplace seller or purchaser, as applicable, is liable for the payment of such uncollected, unpaid or unremitted tax.
5. To the extent that a marketplace facilitator is relieved of liability for the collection and remittance of any tax pursuant to subsections 2 and 3, the marketplace seller for whom the marketplace facilitator made or facilitated the retail sale giving rise to the tax is also relieved of such liability.
6. Nothing in this section shall be construed to relieve any person of liability for collecting but failing to remit to the Department any tax imposed by this chapter.
Sec. 15. 1. The Department may provide by regulation that, except as otherwise provided in this section, the provisions of this chapter relating to the imposition, collection and remittance of the sales tax, and the collection and remittance of the use tax, apply to a referrer during a calendar year in which, or during a calendar year immediately following any calendar year in which:
(a) The cumulative gross receipts from retail sales to customers in this State resulting from referrals from a platform of the referrer are in excess of $100,000; or
(b) There are 200 or more separate retail sales transactions involving sales to customers in this State resulting from referrals from a platform of the referrer.
2. Any regulation adopted by the Department pursuant to subsection 1 must provide that the provisions of this chapter relating to the imposition, collection and remittance of the sales tax and the collection and remittance of the use tax do not apply to a referrer described in subsection 1 if the referrer:
(a) Posts a conspicuous notice on each platform of the referrer that includes all of the following:
(1) A statement that sales and use tax is due on certain purchases;
(2) A statement that the marketplace seller from whom the person is purchasing on the platform may or may not collect and remit sales and use tax on a purchase;
(3) A statement that Nevada requires the purchaser to pay sales or use tax and file a sales and use tax return if sales or use tax is not collected at the time of the sale by the marketplace seller;
(4) Information informing the purchaser that the notice is provided under the requirements of this section; and
(5) Instructions for obtaining additional information from the Department regarding whether and how to remit sales and use tax;
(b) The referrer provides a monthly notice to each marketplace seller to whom the referrer made a referral of a potential customer located in this State during the previous calendar year, which monthly notice shall contain all of the following:
(1) A statement that Nevada imposes sales and use tax on retail sales in this State;
(2) A statement that a marketplace facilitator or other retailer making retail sales in this State must collect and remit sales and use tax; and
κ2019 Statutes of Nevada, Page 3693 (CHAPTER 572, AB 445)κ
(3) Instructions for obtaining additional information from the Department regarding the collection and remittance of sales and use tax; and
(c) The referrer provides the Department with periodic reports in an electronic format and in the manner prescribed by the Department, which reports contain all of the following:
(1) A list of marketplace sellers who received a notice from the referrer pursuant to paragraph (b);
(2) A list of marketplace sellers that collect and remit sales and use tax and that list or advertise the marketplace sellers products for sale on a platform of the referrer; and
(3) An affidavit signed under penalty of perjury from an officer of the referrer affirming that the referrer made reasonable efforts to comply with the applicable sales and use tax notice and reporting requirements of this subsection.
3. Any regulations adopted by the Department pursuant to subsection 1 must provide that in administering the provisions of this chapter, the Department shall construe the terms seller, retailer and retailer maintaining a place of business in this State in accordance with the provisions of this section.
4. Any regulations adopted by the Department pursuant to subsection 1 must apply only to referrals by a referrer and shall not preclude the applicability of other provisions of this chapter to a person who is a referrer and is also a retailer, a marketplace facilitator or a marketplace seller.
5. As used in this section:
(a) Platform means an electronic or physical medium, including, without limitation, an Internet site or catalog, that is owned, operated or controlled by a referrer.
(b) Referral means the transfer through telephone, Internet link or other means by a referrer of a potential customer to a retailer or seller who advertises or lists products for sale on a platform of the referrer.
(c) Referrer:
(1) Means a person who does all of the following:
(I) Contracts or otherwise agrees with a retailer, seller or marketplace facilitator to list or advertise for sale a product of the retailer, seller or marketplace facilitator on a platform, provided such listing or advertisement identifies whether or not the retailer, seller or marketplace facilitator collects sales and use tax;
(II) Receives a commission, fee or other consideration from the retailer, seller or marketplace facilitator for the listing or advertisement;
(III) Provides referrals to a retailer, seller or marketplace facilitator, or an affiliate of a retailer, seller or marketplace facilitator; and
(IV) Does not collect money or other consideration from the customer for the transaction.
(2) Does not include:
(I) A person primarily engaged in the business of printing or publishing a newspaper; or
(II) A person who does not provide the retailers, sellers or marketplace facilitators shipping terms and who does not advertise whether a retailer, seller or marketplace facilitator collects sales or use tax.
κ2019 Statutes of Nevada, Page 3694 (CHAPTER 572, AB 445)κ
Sec. 16. 1. Nothing in sections 10 to 16, inclusive, of this act shall be construed to create any remedy or private right of action against a marketplace facilitator.
2. A marketplace facilitator that is required to collect taxes imposed by this chapter is immune from civil liability for claims arising from or related to the overpayment of taxes imposed by this chapter if the marketplace facilitator acted in good faith and without malicious intent.
3. Nothing in this section shall apply to or otherwise limit:
(a) Any claim, action, mandate, power, remedy or discretion of the Department, or an agent or designee of the Department.
(b) The right of a taxpayer to seek a refund pursuant to NRS 374.635 to 374.720, inclusive.
Sec. 16.5. 1. There is hereby appropriated from the State General Fund to the Interim Finance Committee the sum of $1,000,000 for allocation to the Department of Taxation for personnel and operating costs incurred by the Department relating to the implementation of this act. Money appropriated pursuant to this subsection can only be allocated by the Interim Finance Committee upon submittal by the Department of Taxation of an analysis demonstrating the need for the funds and a plan for the utilization of the funding.
2. 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.
Sec. 17. 1. This section and section 16.5 of this act become effective on July 1, 2019.
2. Sections 1 to 16, inclusive, of this act become effective on October 1, 2019.
________
κ2019 Statutes of Nevada, Page 3695κ
Assembly Bill No. 446Committee on Taxation
CHAPTER 573
[Approved: June 12, 2019]
AN ACT relating to economic development; revising the Nevada New Markets Jobs Act; revising provisions governing investments in, or loans to, qualified active low-income community businesses by certain qualified community development entities; authorizing an additional amount of investments to be made in qualified community development entities in exchange for certain tax credits; revising provisions governing the recapture of tax credits issued in exchange for an investment in a qualified community development entity; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law enacts the Nevada New Markets Jobs Act. (Chapter 231A of NRS) Under existing law, insurance companies are entitled to receive a credit against certain taxes imposed on insurance companies in exchange for making an investment in a qualified community development entity. (NRS 231A.200) A qualified community development entity in which such an investment is made is required to use 85 percent of the investment to make capital or equity investments in, or loans to, qualified active low-income community businesses, which are defined as businesses that satisfy certain criteria related to conducting business in a low-income community. (NRS 231A.110, 231A.130, 231A.140, 231A.250; 26 U.S.C. § 45D) Section 2.5 of this bill: (1) authorizes an additional amount of investments in qualified community development entities which may be made in exchange for a credit against certain taxes imposed on insurance companies; and (2) increases from $5 million to $8 million the minimum amount of the investment in a single qualified development entity for which tax credits may be received. Section 2.3 of this bill prohibits these tax credits from being used for any tax due for a period beginning before July 1, 2021.
Existing regulations prohibit a qualified active low-income community business from accepting investments from more than one qualified community development entity unless the qualified active low-income community business first obtains the approval of the Department of Business and Industry. (NAC 231A.050) Section 1 of this bill authorizes a qualified community development entity to make a capital or equity investment in, or a loan to, a qualified active low-income community business jointly with one or more other qualified community development entities. Section 1 also authorizes a qualified community development entity to make a capital or equity investment in, or a loan to, a qualified active low-income community business using money attributable to investments made in the qualified community development entity for which the entity received tax credits under existing state and federal law.
Under existing law, for the purpose of determining whether a qualified community development entity is making a capital or equity investment in, or a loan to, a qualified active low-income community business, a business which is receiving certain abatements from taxation is not eligible to be considered a qualified active low-income community business. (NRS 231A.170) Section 2 of this bill authorizes a business receiving such an abatement from taxation to be considered a qualified active low-income community business if the business waives the abatement and provides written notice of that waiver to the Office of Economic Development not later than the due date of the first payment of any tax that would be abated pursuant to the abatement from taxation.
κ2019 Statutes of Nevada, Page 3696 (CHAPTER 573, AB 446)κ
Section 2.7 of this bill requires a qualified community development entity that has made an investment in or a loan to a qualified active low-income community business to allow the business to apply to refinance the investment or loan if at least 4 years has passed since the investment or loan was made and the investment or loan has not previously been refinanced.
Existing law requires the Department of Business and Industry to recapture a tax credit provided under the Act from the business entity claiming the tax credit under certain circumstances, including, without limitation, if the qualified community development entity in which the business entity invested: (1) fails to make capital or equity investments in, or loans to, qualified active low-income community businesses in an amount equal to at least 85 percent of the money received by the qualified community development entity from the business entitys investment; or (2) uses the cash proceeds of the investment to make a capital or equity investment in, or loan to, one qualified active low-income community business in an amount that exceeds 25 percent of those cash proceeds. (NRS 231A.250) Existing regulations define cash proceeds for the purposes of these provisions as the amount paid by the business entity to the qualified community development entity for the investment in the qualified community development entity. (NAC 231A.070) Section 3 of this bill incorporates that definition into statute.
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 231A of NRS is hereby amended by adding thereto a new section to read:
1. A qualified community development entity may make a qualified low-income community investment jointly with one or more other qualified community development entities.
2. A qualified community development entity may make a qualified low-income community investment using money attributable to:
(a) The purchase price of a qualified equity investment;
(b) The amount paid to a qualified community development entity for a qualified equity investment, as defined in 26 U.S.C. § 45D(b), by an entity that receives a tax credit pursuant to 26 U.S.C. § 45D; or
(c) Any combination of the amounts described in paragraphs (a) and (b).
Sec. 2. NRS 231A.170 is hereby amended to read as follows:
231A.170 1. For the purpose of NRS 231A.110, a qualified active low-income community business is limited to those businesses meeting the Small Business Administration size eligibility standards established in 13 C.F.R. §§ 121.101 to 201, inclusive, at the time the qualified low-income community investment is made. A business must be considered a qualified active low-income community business for the duration of the qualified community development entitys investment in, or loan to, the business if the entity reasonably expects, at the time it makes the investment or loan, that the business will continue to satisfy the requirements for being a qualified active low-income community business, other than the Small Business Administration size standards, throughout the entire period of the investment or loan.
2. Except as otherwise provided in this subsection, the businesses limited by this section do not include any business that derives or projects to derive 15 percent or more of its annual revenue from the rental or sale of real estate.
κ2019 Statutes of Nevada, Page 3697 (CHAPTER 573, AB 446)κ
estate. This exclusion does not apply to a business that is controlled by, or under common control with, another business if the second business:
(a) Does not derive or project to derive 15 percent or more of its annual revenue from the rental or sale of real estate; and
(b) Is the primary tenant of the real estate leased from the first business.
3. [The] Except as otherwise provided in subsection 4, the following businesses are not qualified active low-income community businesses:
(a) A business that has received an abatement from taxation pursuant to NRS 274.310, 274.320, 274.330, 360.750, 360.753 or 360.754.
(b) An entity that has liability for insurance premium tax on a premium tax report filed pursuant to NRS 680B.030.
(c) A business engaged in banking or lending.
(d) A massage parlor.
(e) A bath house.
(f) A tanning salon.
(g) A country club.
(h) A business operating under a nonrestricted license for gaming issued pursuant to NRS 463.170.
(i) A liquor store.
(j) A golf course.
4. A business that has received an abatement from taxation pursuant to NRS 274.310, 274.320, 274.330, 360.750, 360.753 or 360.754 is a qualified active low-income community business if the business elects to waive the abatement and provides written notice of the waiver of the abatement to the Office of Economic Development not later than the due date of the first payment of any tax which would be abated if the abatement became effective. If the business provides the written notice to the Office of Economic Development:
(a) Within the period required by this subsection:
(1) Any agreement entered into by the business and the Office of Economic Development pursuant to NRS 274.310, 274.320, 274.330, 360.750, 360.753 or 360.754 is void; and
(2) The Office of Economic Development must forward a copy of the written notice to the Department and each governmental entity or official to whom a copy of the certificate of eligibility for the abatement was forwarded.
(b) After the period required by this subsection has expired, the Office of Economic Development must provide written notice to the Department and the business that the abatement has not been waived and the business is not a qualified active low-income community business.
Sec. 2.3. NRS 231A.200 is hereby amended to read as follows:
231A.200 An entity that makes a qualified equity investment earns a vested right to credit against the entitys liability for insurance premium tax on a premium tax report filed pursuant to NRS 680B.030 that may be used as follows:
1. [On] Except as otherwise provided in this subsection, on each credit allowance date of the qualified equity investment, the entity, or the subsequent holder of the qualified equity investment, is entitled to use a portion of the credit during the taxable year that includes the credit allowance date. If an entity makes a qualified equity investment on or after July 1, 2019, the entity may not use any portion of the credit against the entitys liability for insurance premium tax for any period beginning before July 1, 2021.
κ2019 Statutes of Nevada, Page 3698 (CHAPTER 573, AB 446)κ
credit against the entitys liability for insurance premium tax for any period beginning before July 1, 2021.
2. The credit amount is equal to the applicable percentage for the credit allowance date multiplied by the purchase price paid to the issuer of the qualified equity investment.
3. Except as otherwise provided in subsection 4, the amount of the credit claimed by an entity must not exceed the amount of the entitys liability for insurance premium tax for the tax year for which the credit is claimed.
4. If the insurance premium tax is eliminated or reduced below the level that was in effect on the first credit allowance date, the entity is entitled to a credit against any other taxes paid to the Department of Taxation in an amount equal to the difference between the amount the entity would have been able to claim against its insurance premium tax liability had the tax not been eliminated or reduced and the amount the entity was actually able to claim, if any.
Κ Any amount of tax credit that the entity is prohibited from claiming in a taxable year as a result of subsection 3 or 4 may be carried forward for use in any subsequent taxable year.
Sec. 2.5. NRS 231A.230 is hereby amended to read as follows:
231A.230 1. A qualified community development entity that seeks to have an equity investment or long-term debt security designated as a qualified equity investment and eligible for tax credits under this chapter must apply to the Department for that designation. An application submitted by a qualified community development entity must include the following:
(a) Evidence of the applicants certification as a qualified community development entity.
(b) A copy of an allocation agreement executed by the applicant, or its controlling entity, and the Community Development Financial Institutions Fund of the United States Department of the Treasury which includes the State of Nevada in the service area set forth in the allocation agreement.
(c) A certificate executed by an executive officer of the applicant:
(1) Attesting that the allocation agreement remains in effect and has not been revoked or cancelled by the Community Development Financial Institutions Fund; and
(2) Setting forth the cumulative amount of allocations awarded to the applicant by the Community Development Financial Institutions Fund.
(d) A description of the proposed amount, structure and purchaser of the qualified equity investment.
(e) If known at the time of application, identifying information for any entity that will use the tax credits earned as a result of the issuance of the qualified equity investment.
(f) Examples of the types of qualified active low-income businesses in which the applicant, its controlling entity or the affiliates of its controlling entity have invested under the federal New Markets Tax Credit Program. An applicant is not required to identify the qualified active low-income community businesses in which it will invest when submitting an application.
(g) A nonrefundable application fee of $5,000. This fee must be paid to the Department and is required for each application submitted.
(h) The refundable performance fee required by subsection 1 of NRS 231A.270.
κ2019 Statutes of Nevada, Page 3699 (CHAPTER 573, AB 446)κ
2. Within 30 days after receipt of a completed application containing the information set forth in subsection 1, including the payment of the application fee and the refundable performance fee, the Department shall grant or deny the application in full or in part. If the Department denies any part of the application, it shall inform the qualified community development entity of the grounds for the denial. If the qualified community development entity provides any additional information required by the Department or otherwise completes its application within 15 days after the date of the notice of denial, the application must be considered complete as of the original date of submission. If the qualified community development entity fails to provide the information or complete its application within the 15-day period, the application remains denied and must be resubmitted in full with a new date of submission.
3. If the application is complete, the Department shall certify the proposed equity investment or long-term debt security as a qualified equity investment that is eligible for tax credits under this chapter, subject to the limitations contained in subsection 5. The Department shall provide written notice of the certification to the qualified community development entity. The notice must include the names of those entities who will earn the credits and their respective credit amounts. If the names of the entities that are eligible to use the credits change as the result of a transfer of a qualified equity investment or an allocation pursuant to NRS 231A.210, the qualified community development entity shall notify the Department of the change.
4. The Department shall certify qualified equity investments in the order applications are received by the Department. Applications received on the same day shall be deemed to have been received simultaneously. For applications that are complete and received on the same day, the Department shall certify, consistent with remaining qualified equity investment capacity, the qualified equity investments in proportionate percentages based upon the ratio that the amount of qualified equity investment requested in an application bears to the total amount of qualified equity investments requested in all applications received on the same day.
5. The Department:
(a) Shall certify $200,000,000 in qualified equity investments [;] before July 1, 2019, and $200,000,000 in qualified equity investments on or after July 1, 2019;
(b) Shall not certify any single qualified equity investment of less than [$5,000,000;] $8,000,000; and
(c) Shall not certify more than a total of $50,000,000 in qualified equity investments to any single applicant, including all affiliates and partners of the applicant which are qualified community development entities.
Κ If a pending request cannot be fully certified because of these limits, the Department shall certify the portion that may be certified unless the qualified community development entity elects to withdraw its request rather than receive partial certification.
6. An approved applicant may transfer all or a portion of its certified qualified equity investment authority to its controlling entity or any affiliate or partner of the controlling entity which is also a qualified community development entity, if the applicant provided the information required in the application with respect to the transferee and the applicant notifies the Department of the transfer within 30 days after the transfer.
κ2019 Statutes of Nevada, Page 3700 (CHAPTER 573, AB 446)κ
7. Within 30 days after the applicant receives notice of certification, the qualified community development entity or any transferee pursuant to subsection 6 shall issue the qualified equity investment and receive cash in the amount certified by the Department. The qualified community development entity or transferee under subsection 6 must provide the Department with evidence of the receipt of the cash investment within 10 business days after receipt. If the qualified community development entity or any transferee under subsection 6 does not receive the cash investment and issue the qualified equity investment within 30 days after receipt of the notice of certification, the certification lapses and the entity may not issue the qualified equity investment without reapplying to the Department for certification. Lapsed certifications revert back to the Department and must be reissued, first, pro rata to other applicants whose qualified equity investment allocations were reduced pursuant to subsection 4 and, thereafter, in accordance with requirements for submitting the application.
Sec. 2.7. NRS 231A.240 is hereby amended to read as follows:
231A.240 1. A qualified community development entity which issues qualified equity investments under this chapter shall make qualified low-income community investments in businesses located in severely distressed census tracts, on a combined basis with all of its affiliated qualified community development entities that have issued qualified equity investments under this chapter, in an amount equal to at least 30 percent of the purchase price of all qualified equity investments issued by such entities.
2. The Director may reduce the requirement in subsection 1 to 20 percent if the qualified community development entity uses its commercially reasonable best efforts to satisfy the requirements of subsection 1 and fails to do so within 9 months after its initial credit allowance date.
3. A qualified community development entity which makes a qualified low-income community investment must allow the business in which the qualified low-income community investment is made to apply to refinance the qualified low-income investment if at least 4 years has passed since the qualified community development entity made the qualified low-income investment and the qualified low-income investment has not previously been refinanced.
4. As used in this section, severely distressed census tract means a census tract that, in the immediately preceding census, had:
(a) More than 30 percent of households with a household income below the federally designated level signifying poverty;
(b) A median household income of less than 60 percent of the median household income in this State; or
(c) A rate of unemployment that was equal to or greater than 150 percent of the national average.
Sec. 3. NRS 231A.250 is hereby amended to read as follows:
231A.250 Except as otherwise provided in NRS 231A.260, the Department shall recapture, from the entity that claimed the credit on a return, the tax credit allowed under this chapter if:
1. Any amount of a federal tax credit available with respect to a qualified equity investment that is eligible for a credit under this chapter is recaptured under section 45D of the Internal Revenue Code of 1986, 26 U.S.C. § 45D. In such a case, the Departments recapture must be proportionate to the federal recapture with respect to the qualified equity investment.
κ2019 Statutes of Nevada, Page 3701 (CHAPTER 573, AB 446)κ
2. The issuer redeems or makes principal repayment with respect to a qualified equity investment before the seventh anniversary of the issuance of the qualified equity investment. In such a case, the Departments recapture must be proportionate to the amount of the redemption or repayment with respect to the qualified equity investment.
3. The issuer fails to invest an amount equal to 85 percent of the purchase price of the qualified equity investment in qualified low-income community investments in this State within 12 months after the issuance of the qualified equity investment and maintain at least an 85-percent level of investment in qualified low-income community investments in the State until the last credit allowance date for the qualified equity investment. For the purposes of this chapter, an investment shall be deemed held by an issuer even if the investment has been sold or repaid if the issuer reinvests an amount equal to the capital returned to or recovered by the issuer from the original investment, exclusive of any profits realized, in another qualified low-income community investment within 12 months after the receipt of such capital. An issuer is not required to reinvest capital returned from qualified low-income community investments after the earlier of:
(a) The sixth anniversary of the issuance of the qualified equity investment, the proceeds of which were used to make the qualified low-income community investment; or
(b) The date by which a qualified community development entity has made qualified low-income community investments with the proceeds of the qualified equity investment on a cumulative basis equal to at least 150 percent of those proceeds, in which case the qualified low-income community investment must be considered held by the issuer through the seventh anniversary of the qualified equity investments issuance.
4. At any time before the final credit allowance date of a qualified equity investment, the issuer uses the cash proceeds of the qualified equity investment to make qualified low-income community investments in any one qualified active low-income community business, including affiliated qualified active low-income community businesses, exclusive of reinvestments of capital returned or repaid with respect to earlier investments in the qualified active low-income community business and its affiliates, in excess of 25 percent of those cash proceeds.
Κ As used in this section, cash proceeds or proceeds means the amount paid to the issuer of a qualified equity investment for the qualified equity investment.
Sec. 4. This act becomes effective on July 1, 2019.
________
κ2019 Statutes of Nevada, Page 3702κ
Assembly Bill No. 486Committee on Ways and Means
CHAPTER 574
[Approved: June 12, 2019]
AN ACT relating to outdoor recreation; creating the Division of Outdoor Recreation within the State Department of Conservation and Natural Resources; providing for the appointment and duties of the Administrator of the Division; creating the Advisory Board on Outdoor Recreation to advise the Administrator of the Division on any matter concerning outdoor recreation in this State; making an appropriation; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Section 15 of this bill creates the Division of Outdoor Recreation within the State Department of Conservation and Natural Resources. Section 4 of this bill makes a conforming change. Section 16 of this bill creates the position of the Administrator of the Division. Section 1 of this bill provides that this Administrator is the executive head of the Division. Sections 2, 3 and 5 of this bill make conforming changes.
Section 17 of this bill provides the qualifications for the Administrator. Section 18 of this bill provides that the Administrator is in the unclassified service of the State and prescribes certain restrictions on other employment that apply to the Administrator. Section 20 of this bill requires the Administrator to employ a deputy administrator in the unclassified service and prescribes certain restrictions on other employment that apply to the deputy administrator. Section 20 also authorizes the Administrator to employ, within the limits of available money, such other staff as is necessary for the operation of the Division. Section 21 of this bill authorizes the Administrator to make certain expenditures. Section 22 of this bill provides the various duties of the Administrator. Section 23 of this bill requires the Administrator to submit certain reports to the Director of the Department. Section 24 of this bill authorizes the Administrator to adopt such regulations as necessary for carrying out the provisions governing the Division. Section 26 of this bill authorizes the Administrator to accept gifts, grants and contributions to carry out the provisions governing the Division or to defray expenses incurred by the Division in the discharge of its duties.
Section 27 of this bill creates the Advisory Board on Outdoor Recreation. Section 27 requires the Advisory Board to advise the Administrator on any matter concerning outdoor recreation in this State. Section 28 of this bill provides the process through which the members of the Advisory Board are to be compensated.
Section 33.5 of this bill makes an appropriation to the Department for the personnel and operating costs of the Division.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 232 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The executive head of the Division of Outdoor Recreation shall be the Administrator of the Division of Outdoor Recreation, who shall be appointed by and be responsible to the Director.
2. The Administrator and the employees of the Division of Outdoor Recreation shall administer the provisions of sections 6 to 28, inclusive, of this act.
κ2019 Statutes of Nevada, Page 3703 (CHAPTER 574, AB 486)κ
Sec. 2. NRS 232.010 is hereby amended to read as follows:
232.010 As used in NRS 232.010 to 232.162, inclusive [:] , and section 1 of this act:
1. Department means the State Department of Conservation and Natural Resources.
2. Director means the Director of the State Department of Conservation and Natural Resources.
Sec. 3. NRS 232.020 is hereby amended to read as follows:
232.020 There is hereby created the State Department of Conservation and Natural Resources, in which is vested the administration of the provisions of NRS 232.010 to 232.162, inclusive [.] , and section 1 of this act.
Sec. 4. NRS 232.090 is hereby amended to read as follows:
232.090 1. The Department consists of the Director and the following:
(a) The Division of Water Resources.
(b) The Division of State Lands.
(c) The Division of Forestry.
(d) The Division of State Parks.
(e) The Division of Environmental Protection.
(f) The Office of Historic Preservation.
(g) The Division of Outdoor Recreation.
(h) Such other divisions as the Director may from time to time establish.
2. The State Environmental Commission, the State Conservation Commission, the Commission for Cultural Centers and Historic Preservation, the Commission on Off-Highway Vehicles, the Conservation Districts Program, the Nevada Natural Heritage Program, the Sagebrush Ecosystem Council and the Board to Review Claims are within the Department.
Sec. 5. NRS 232.140 is hereby amended to read as follows:
232.140 1. Except as otherwise provided in NRS 232.159 and 232.161, money to carry out the provisions of NRS 232.010 to 232.162, inclusive, and section 1 of this act and to support the Department and its various divisions and other units must be provided by direct legislative appropriation from the State General Fund.
2. All money so appropriated must be paid out on claims approved by the Director in the same manner as other claims against the State are paid.
Sec. 6. Title 35 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 7 to 28, inclusive, of this act.
Sec. 7. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 10 to 14, inclusive, of this act have the meanings ascribed to them in those sections.
Secs. 8 and 9. (Deleted by amendment.)
Sec. 10. Administrator means the Administrator of the Division.
Sec. 11. Advisory Board means the Advisory Board on Outdoor Recreation created by section 27 of this act.
Sec. 12. Department means the State Department of Conservation and Natural Resources.
Sec. 13. Director means the Director of the Department.
Sec. 14. Division means the Division of Outdoor Recreation of the Department.
Sec. 15. There is hereby created the Division of Outdoor Recreation in the State Department of Conservation and Natural Resources.
κ2019 Statutes of Nevada, Page 3704 (CHAPTER 574, AB 486)κ
Sec. 16. 1. The position of the Administrator is hereby created.
2. The Administrator is appointed by and responsible to the Director.
Sec. 17. The Administrator shall have demonstrated executive ability and be experienced in:
1. Marketing and business development; or
2. Conservation and implementing or interpreting policies regarding natural resources.
Sec. 18. 1. The Administrator is in the unclassified service of the State.
2. Except as otherwise provided in NRS 284.143, the Administrator shall devote his or her entire time and attention to the business of his or her office and shall not pursue any other business or occupation or hold any other office of profit.
Sec. 19. (Deleted by amendment.)
Sec. 20. 1. The Administrator shall employ a deputy administrator in the unclassified service of the State.
2. Except as otherwise provided in NRS 284.143, the deputy administrator shall devote his or her entire time and attention to the business of his or her office and shall not pursue any other business or occupation or hold any other office of profit.
3. The Administrator may employ, within the limits of available money, such other staff as is necessary for the operation of the Division.
Sec. 21. The Administrator may purchase such material and incur such expenses for traveling and other purposes as may be necessary for the proper conduct and maintenance of the Division, to be paid from the money which may be appropriated for such purposes from time to time, as other state claims are paid.
Sec. 22. 1. As the executive head of the Division, the Administrator, subject to administrative supervision by the Director, shall direct and supervise all administrative, fiscal, budget and technical activities of the Division and all programs administered by the Division as provided by law.
2. The Administrator may organize the Division into various sections and, from time to time, alter such organization and reassign responsibilities and duties as the Administrator may deem appropriate.
3. The Administrator shall:
(a) Coordinate all activities relating to marketing and business development for outdoor recreation, including, without limitation, marketing, advertising and securing media opportunities that reflect the opportunities for outdoor recreation in this State.
(b) Coordinate with the Department of Tourism and Cultural Affairs and the Office of Economic Development concerning the promotion and growth of any businesses and opportunities related to outdoor recreation.
(c) Promote economic development by working with the Office of Economic Development to attract outdoor recreation industries to this State and develop the growth of new business opportunities within this State.
(d) Coordinate with the Department, the Department of Wildlife and any other organization, association, group or other entity concerned with matters of conservation and natural resources regarding conservation and the implementation or interpretation of policies regarding natural resources.
(e) Promote the growth of the outdoor recreation economy in this State so that there is support for economic growth as well as stewardship and conservation of any natural resource in this State.
κ2019 Statutes of Nevada, Page 3705 (CHAPTER 574, AB 486)κ
(f) Advocate for and coordinate outdoor recreation policy, management and promotion among state and federal agencies and local government entities in this State.
(g) Recommend policies and initiatives to the Director to enhance outdoor recreational amenities and experiences in this State and help implement such policies and initiatives.
(h) Create and maintain a statewide list of lands to be conserved, enhanced and publicized for outdoor recreation.
(i) Develop data regarding the impacts of outdoor recreation in this State.
(j) Advocate on behalf of the State for federal funding, including, without limitation, any funding opportunities that are available pursuant to the Land and Water Conservation Fund established by 54 U.S.C. § 200302.
(k) Promote the health and social benefits of outdoor recreation.
(l) Promote the engagement of communities that are diverse in outdoor recreation.
Sec. 23. The Administrator shall:
1. Report to the Director upon all matters pertaining to the administration of the Administrators office.
2. Submit a biennial report to the Director on the work of the Division, with such recommendations that the Administrator may deem advisable.
Sec. 24. The Administrator may adopt such regulations as necessary for carrying out the provisions of this chapter.
Sec. 25. (Deleted by amendment.)
Sec. 26. The Administrator may apply for and receive gifts, grants, contributions or other money from governmental and private agencies, affiliated associations and other persons to carry out the provisions of this chapter and to defray expenses incurred by the Division in the discharge of its duties.
Sec. 27. 1. There is hereby created the Advisory Board on Outdoor Recreation composed of:
(a) The Lieutenant Governor or his or her designee;
(b) The Director or his or her designee;
(c) The Director of the Department of Tourism and Cultural Affairs or his or her designee;
(d) The Executive Director of the Office of Economic Development or his or her designee;
(e) The Director of the Department of Wildlife or his or her designee;
(f) The Administrator of the Division of State Parks of the Department;
(g) The Chair of the Nevada Indian Commission; and
(h) The following four members who must be appointed by the Governor from a list of nominees submitted by the Lieutenant Governor and the Director:
(1) A representative of the outdoor recreation industry;
(2) A representative of conservation interests;
(3) A person with experience in and knowledge of education; and
(4) A person with experience in and knowledge of public health.
2. The Lieutenant Governor or his or her designee shall:
(a) Serve as Chair of the Advisory Board; and
(b) Appoint a member of the Advisory Board to serve as Vice Chair of the Advisory Board.
κ2019 Statutes of Nevada, Page 3706 (CHAPTER 574, AB 486)κ
3. The Advisory Board shall meet at such times and places as are specified by a call of the Chair but not less than once a year. Six members of the Advisory Board constitute a quorum. The affirmative vote of a majority of the Advisory Board members present is sufficient for any action of the Advisory Board.
4. The Advisory Board shall advise the Administrator on any matter concerning outdoor recreation in this State.
Sec. 28. 1. Each member of the Advisory Board who is not a public employee is entitled to receive compensation of not more than $80 per day, as fixed by the Advisory Board, while engaged in the business of the Advisory Board.
2. A member of the Advisory Board who is a public employee may not receive any compensation for his or her services as a member of the Advisory Board. Any member of the Advisory Board who is a public employee must be granted administrative leave from the duties of the member to engage in the business of the Advisory Board without loss of his or her regular compensation. Such leave does not reduce the amount of the other accrued leave of the member.
3. In addition to any compensation received pursuant to this section, while engaged in the business of the Advisory Board, each member and employee of the Advisory Board is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.
Secs. 29-33. (Deleted by amendment.)
Sec. 33.5. 1. There is hereby appropriated from the State General Fund to the State Department of Conservation and Natural Resources for the personnel and operating costs of the Division of Outdoor Recreation in the Department created by section 15 of this act the following sums:
For the Fiscal Year 2019-2020.......................................................... $208,911
For the Fiscal Year 2020-2021.......................................................... $448,293
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. 34. The Administrator of the Division of Outdoor Recreation in the State Department of Conservation and Natural Resources, which is created by section 15 of this act, shall conduct, complete and, on or before February 15, 2020, submit to the Director of the State Department of Conservation and Natural Resources an initial impact study regarding industries involved with outdoor recreation in this State, including, without limitation, business opportunities in this State for such industries, and regarding any other related topics deemed appropriate by the Director.
Sec. 35. (Deleted by amendment.)
Sec. 36. This act becomes effective on July 1, 2019.
________
κ2019 Statutes of Nevada, Page 3707κ
Assembly Bill No. 489Committee on Government Affairs
CHAPTER 575
[Approved: June 12, 2019]
AN ACT relating to grants; revising the powers of the Administrator of the Office of Grant Procurement, Coordination and Management of the Department of Administration; establishing a fund to provide money for matching federal and nongovernmental organization grants; authorizing this State to seek and obtain federal and nongovernmental organization money for certain community projects; making an appropriation; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law creates the Office of Grant Procurement, Coordination and Management of the Department of Administration to assist state agencies with identifying and obtaining federal grants. (NRS 232.213, 232.224) Section 1 of this bill authorizes the Administrator of the Office to provide: (1) grant training to state agencies; (2) grant training and technical assistance to local governments, tribal governments and nonprofit organizations; and (3) administrative support to the Nevada Advisory Council on Federal Assistance. Section 1.5 of this bill creates the Grant Matching Fund as part of a pilot program to provide funds to state agencies, local governments, tribal governments and nonprofit organizations as matching funds for federal and nongovernmental organization grants. Section 2 of this bill requires the Administrator of the Office to create and administer a pilot program that allows state agencies, local governments, tribal governments and nonprofit organizations to request grants from the Grant Matching Fund for the purpose of satisfying the matching requirement for a federal or nongovernmental organization grant, to the extent money is available. Section 3 of this bill establishes certain criteria for prioritizing grants. Section 4 of this bill establishes standards of eligibility for receiving a grant. Section 5 of this bill requires that on or before January 31, 2021, the Administrator must provide a summary report on the pilot program to the Legislature. Section 7.5 of this bill makes an appropriation to the Office to provide training and assistance relating to grant procurement, coordination and management to state agencies, local governments, tribal governments and nonprofit organizations.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
Whereas, Nevada has long received a disproportionately low rate of federal and nongovernmental organization grant funding per capita and as a result, has less money to pay for programs, projects and services that increase the quality of life and opportunities for Nevadans and facilitate growth; and
Whereas, Federal and nongovernmental organization grant funds are critical to helping pay for community assets, such as infrastructure, affordable housing, health care centers and workforce development programs; and
Whereas, Many federal and nongovernmental organization grants require the recipient to share in the cost of delivering a program or project by matching a share of federal or nongovernmental organization grant dollars with cash or in-kind services; and
κ2019 Statutes of Nevada, Page 3708 (CHAPTER 575, AB 489)κ
Whereas, The inability to meet such matching requirements is often cited by State staff as a key reason for not pursuing or securing federal and nongovernmental organization grant opportunities; now, therefore,
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 232.224 is hereby amended to read as follows:
232.224 1. The Administrator of the Office of Grant Procurement, Coordination and Management shall:
(a) Research and identify federal grants which may be available to state agencies.
(b) Write grants for federal funds for state agencies.
(c) Coordinate with the members of Congress representing this State to combine efforts relating to identifying and managing available federal grants and related programs.
(d) If requested by a state agency, research the availability of grants and write grant proposals and applications for the state agency.
(e) To the greatest extent practicable, ensure that state agencies are aware of any grant opportunities for which they are or may be eligible.
(f) If requested by the director of a state agency, advise the director and the state agency concerning the requirements for receiving and managing grants.
(g) To the greatest extent practicable, coordinate with state and local agencies that have received grants for similar projects to ensure that the efforts and services of those state and local agencies are not duplicated.
(h) Serve as a clearinghouse for disseminating information relating to unexpended grant money of state agencies by compiling and updating periodically a list of the grants and unexpended amounts thereof for which the Office received notification from state agencies pursuant to subsection 3 of NRS 232.225 and making the list available on the Internet website maintained by the Department.
(i) On or before January 1 of each odd-numbered year, submit to the Director of the Legislative Counsel Bureau for transmittal to the Legislature a report regarding all activity relating to the application for, receipt of and use of grants in this State.
2. The Administrator may [adopt] :
(a) Adopt regulations to carry out the provisions of this section and NRS 232.225 and 232.226.
(b) Provide training on grant procurement, coordination and management to state agencies.
(c) Provide training and technical assistance regarding grant procurement, coordination and management to local governments, tribal governments and nonprofit organizations.
(d) Provide administrative support to the Nevada Advisory Council on Federal Assistance created by NRS 358.020.
Sec. 1.5. There is hereby created in the State Treasury a special fund which shall be designated as the Grant Matching Fund.
1. The Grant Matching Fund shall hold appropriated money in trust for the exclusive purpose of providing grants to state agencies, local governments, tribal governments and nonprofit organizations to satisfy federal and nongovernmental organization grant matching requirements.
κ2019 Statutes of Nevada, Page 3709 (CHAPTER 575, AB 489)κ
2. The Interim Finance Committee must authorize the transfer of money from the Grant Matching Fund before the acceptance of a federal grant award greater than $150,000 or a nongovernmental organization grant award greater than $20,000.
Sec. 2. To the extent money is available, the Administrator of the Office of Grant Procurement, Coordination and Management of the Department of Administration shall:
1. Consult with grant professionals employed by the State and other grant experts to create and administer a pilot program that allows state agencies, local governments, tribal governments and nonprofit organizations to request grants from the Grant Matching Fund for the purpose of satisfying the matching funds requirement for a federal or nongovernmental organization grant.
2. Develop a process:
(a) For state agencies, local governments, tribal governments and nonprofit organizations to make a request for a grant for matching funds;
(b) And criteria for the review, award and notification of grant requests;
(c) For the payment or transfer of grant money; and
(d) For reporting on the use and implementation of grant awards.
3. Administer all applicable aspects of the process set forth in subsection 2.
Sec. 3. Any pilot program created pursuant to section 2 of this act must:
1. Provide a clear, streamlined and timely process for state agencies, local governments, tribal governments and nonprofit organizations to apply for matching funds for a specific federal or nongovernmental organization grant and receive a prompt decision from the Administrator of the Office of Grant Procurement, Coordination and Management of the Department of Administration.
2. Prioritize grants that:
(a) Add services to constituents;
(b) Align with the documented priorities of the state agency, local government, tribal government or nonprofit organization;
(c) Address the needs of underserved or frontier communities;
(d) Help state agencies, local governments, tribal governments and nonprofit organizations build capacity for future grant opportunities; and
(e) Enable a state agency, local government, tribal government or nonprofit organization to sustain the grant in its next budget.
Sec. 4. To be eligible for a grant from the Grant Matching Fund created by section 1.5 of this act, a state agency, local government, tribal government or nonprofit organization must:
1. Demonstrate that:
(a) It is pursuing a bona fide federal or nongovernmental organization grant for which it is eligible;
(b) It attempted but was unable to secure match funding through its own budget or in-kind resources;
(c) The grant is within its scope;
(d) The grant is a competitive grant; and
(e) The grant will provide not less than $2 for each $1 received from the Grant Matching Fund.
κ2019 Statutes of Nevada, Page 3710 (CHAPTER 575, AB 489)κ
2. Apply for a grant in the form and process prescribed by the Administrator of the Office of Grant Procurement, Coordination and Management of the Department of Administration.
3. Adhere to other requirements deemed appropriate for the pilot program created pursuant to section 2 of this act by the Administrator.
Sec. 5. On or before January 31, 2021, the Administrator of the Office of Grant Procurement, Coordination and Management of the Department of Administration shall submit to the Director of the Legislative Counsel Bureau for transmittal to the Legislature a summary report for the preceding 18 months detailing:
1. The number and purpose of grant requests received from state agencies, local governments, tribal governments and nonprofit organizations;
2. The number and purpose of grant requests approved and the amount of money awarded from the Grant Matching Fund created by section 1.5 of this act to each approved grant request applicant; and
3. The amount of federal and nongovernmental organization grant funding received by each grant applicant as a result of receiving money from the Grant Matching Fund.
Secs. 6 and 7. (Deleted by amendment.)
Sec. 7.5. 1. There is hereby appropriated from the State General Fund to the Office of Grant Procurement, Coordination and Management of the Department of Administration for the use prescribed in subsection 2 the following sums:
For the Fiscal Year 2019-2020............................................................ $92,067
For the Fiscal Year 2020-2021............................................................ $87,797
2. The Office of Grant Procurement, Coordination and Management of the Department of Administration shall use the money appropriated by subsection 1 to provide training and technical assistance relating to grant procurement, coordination and management to state agencies, local governments, tribal governments and nonprofit organizations.
3. 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. 8. 1. This act becomes effective on July 1, 2019.
2. Sections 1.5 to 5, inclusive, of this act expire by limitation on June 30, 2021.
________
κ2019 Statutes of Nevada, Page 3711κ
Assembly Bill No. 510Committee on Ways and Means
CHAPTER 576
[Approved: June 12, 2019]
AN ACT making an appropriation to the Department of Motor Vehicles for the Automatic Voter Registration Initiative; 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 Division of Central Services and Records of the Department of Motor Vehicles the sum of $87,000 for the costs of implementing the Automatic Voter Registration Initiative, Ballot Question No. 5 at the 2018 General Election.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act 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.
Sec. 3. This act becomes effective upon passage and approval.
________
Assembly Bill No. 511Committee on Ways and Means
CHAPTER 577
[Approved: June 12, 2019]
AN ACT making appropriations to the Investigation Division of the Department of Public Safety for the replacement of vehicles and computer software and hardware; 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 Investigation Division of the Department of Public Safety the sum of $543,236 for the replacement of vehicles.
κ2019 Statutes of Nevada, Page 3712 (CHAPTER 577, AB 511)κ
Sec. 2. There is hereby appropriated from the State Highway Fund to the Investigation Division of the Department of Public Safety the sum of $90,690 for the replacement of vehicles.
Sec. 3. There is hereby appropriated from the State General Fund to the Investigation Division of the Department of Public Safety the sum of $48,747 for the replacement of computer hardware and software.
Sec. 4. There is hereby appropriated from the State Highway Fund to the Investigation Division of the Department of Public Safety the sum of $4,189 for the replacement of computer hardware and software.
Sec. 5. 1. Any remaining balance of the appropriations made by sections 1 and 3 of this act 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.
2. Any remaining balance of the appropriations made by sections 2 and 4 of this act 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 Highway Fund on or before September 17, 2021.
Sec. 6. This act becomes effective upon passage and approval.
________
Assembly Bill No. 512Committee on Ways and Means
CHAPTER 578
[Approved: June 12, 2019]
AN ACT making appropriations to the Office of Finance as loans for the implementation and replacement of computer applications; 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. 1. There is hereby appropriated from the State General Fund to the Office of Finance in the Office of the Governor the sum of $2,138,800 as a loan to the Division of Enterprise Information Technology Services of the Department of Administration for the implementation of an enterprise cloud electronic mail and business productivity application.
κ2019 Statutes of Nevada, Page 3713 (CHAPTER 578, AB 512)κ
2. Commencing on July 1, 2021, the Division of Enterprise Information Technology Services of the Department of Administration shall use revenues from intergovernmental transfers to repay in annual installments the cost of implementation of the enterprise cloud electronic mail and business productivity application to the State Treasurer for deposit in the State General Fund. Each annual installment must be 25 percent of the cost of the implementation of the enterprise cloud electronic mail and business productivity application and the loan must be fully repaid not later than the end of Fiscal Year 2024-2025.
Sec. 2. 1. There is hereby appropriated from the State General Fund to the Office of Finance in the Office of the Governor the sum of $4,186,202 as a loan to the Division of Enterprise Information Technology Services of the Department of Administration for the replacement of firewalls.
2. Commencing on July 1, 2021, the Division of Enterprise Information Technology Services of the Department of Administration shall use revenues from intergovernmental transfers to repay in annual installments the cost of the replacement of firewalls to the State Treasurer for deposit in the State General Fund. Each annual installment must be 25 percent of the cost of the replacement of firewalls and the loan must be fully repaid not later than the end of Fiscal Year 2024-2025.
Sec. 3. 1. There is hereby appropriated from the State General Fund to the Office of Finance in the Office of the Governor the sum of $1,784,500 as a loan to the Division of Enterprise Information Technology Services of the Department of Administration for the replacement of the content management and portal platform.
2. Commencing on July 1, 2021, the Division of Enterprise Information Technology Services of the Department of Administration shall use revenues from intergovernmental transfers to repay in annual installments the cost of the replacement of the content management and portal platform to the State Treasurer for deposit in the State General Fund. Each annual installment must be 25 percent of the cost of the replacement of the content management and portal platform and the loan must be fully repaid not later than the end of Fiscal Year 2024-2025.
Sec. 4. Any remaining balance of the appropriations made by sections 1, 2 and 3 of this act 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.
Sec. 5. This act becomes effective upon passage and approval.
________
κ2019 Statutes of Nevada, Page 3714κ
Assembly Bill No. 513Committee on Ways and Means
CHAPTER 579
[Approved: June 12, 2019]
AN ACT making appropriations to the Department of Public Safety for the replacement of computer hardware and software; 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 Training Division of the Department of Public Safety the sum of $27,387 for the replacement of computer hardware and software.
Sec. 2. There is hereby appropriated from the State Highway Fund to the Training Division of the Department of Public Safety the sum of $47,056 for the replacement of computer hardware and software.
Secs. 3 and 4. (Deleted by amendment.)
Sec. 5. 1. Any remaining balance of the appropriation made by section 1 of this act 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.
2. Any remaining balance of the appropriation made by section 2 of this act 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 Highway Fund on or before September 17, 2021.
Sec. 6. This act becomes effective upon passage and approval.
________
κ2019 Statutes of Nevada, Page 3715κ
Assembly Bill No. 515Committee on Ways and Means
CHAPTER 580
[Approved: June 12, 2019]
AN ACT making appropriations to the Legislative Fund for building maintenance, computer hardware, dues of national organizations and reimbursement of the interim costs of the Nevada Right to Counsel Commission; 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 Legislative Fund created by NRS 218A.150 the sum of $230,000 for reimbursement of the costs of the consultant retained by the Nevada Right to Counsel Commission and the interim travel expenses of the members of the Commission.
Sec. 2. 1. There is hereby appropriated from the State General Fund to the Legislative Fund created by NRS 218A.150 the sum of $1,827,353 for computer hardware, building maintenance and the payment of dues to national organizations.
2. 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.
Sec. 3. This act becomes effective upon passage and approval.
________
κ2019 Statutes of Nevada, Page 3716κ
Assembly Bill No. 516Committee on Ways and Means
CHAPTER 581
[Approved: June 12, 2019]
AN ACT making an appropriation to the Interim Finance Committee for the unanticipated costs related to the implementation of Marsys Law; 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 Interim Finance Committee the sum of $10,000,000 for the unanticipated costs related to the implementation of Senate Joint Resolution No. 17 of the 78th Session of the Nevada Legislature, as approved and ratified by the people at the 2018 General Election, and commonly known as Marsys Law.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act 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.
Sec. 3. This act becomes effective upon passage and approval.
________
Assembly Bill No. 517Committee on Ways and Means
CHAPTER 582
[Approved: June 12, 2019]
AN ACT making supplemental appropriations to the Office of the Governor for an unanticipated shortfall in contract, utility and other operating 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 Governor the sum of $8,475 for a shortfall in the utility costs for the Governors Mansion. This appropriation is supplemental to that made by section 2 of chapter 396, Statutes of Nevada 2017, at page 2633.
κ2019 Statutes of Nevada, Page 3717 (CHAPTER 582, AB 517)κ
Sec. 2. There is hereby appropriated from the State General Fund to the Office of the Governor the sum of $12,500 for a shortfall in operating costs. This appropriation is supplemental to that made by section 2 of chapter 396, Statutes of Nevada 2017, at page 2633.
Sec. 3. There is hereby appropriated from the State General Fund to the Office of Finance in the Office of the Governor the sum of $33,556 for a shortfall for contract costs in the Budget Division of the Office of Finance. This appropriation is supplemental to that made by section 2 of chapter 396, Statutes of Nevada 2017, at page 2633.
Sec. 4. This act becomes effective upon passage and approval.
________
Assembly Bill No. 518Committee on Ways and Means
CHAPTER 583
[Approved: June 12, 2019]
AN ACT making a supplemental appropriation to the Division of Public and Behavioral Health for an unanticipated shortfall in indirect cost rate revenue; 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 Division of Public and Behavioral Health of the Department of Health and Human Services, Office of Health Administration, the sum of $1,565,311 for an unanticipated shortfall in indirect cost rate revenue. This appropriation is supplemental to that made by section 17 of chapter 396, Statutes of Nevada 2017, at page 2637.
Sec. 2. This act becomes effective upon passage and approval.
________
κ2019 Statutes of Nevada, Page 3718κ
Assembly Bill No. 519Committee on Ways and Means
CHAPTER 584
[Approved: June 12, 2019]
AN ACT making appropriations to restore the balances in the Stale Claims Account, the Reserve for Statutory Contingency Account and the Contingency Account; 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. 1. There is hereby appropriated from the State General Fund to restore the balance in the Stale Claims Account created by NRS 353.097 the sum of $2,700,000.
2. There is hereby appropriated from the State General Fund to restore the balance in the Reserve for Statutory Contingency Account created by NRS 353.264 the sum of $12,133,919.
3. There is hereby appropriated from the State General Fund to restore the balance in the Contingency Account created by NRS 353.266 the sum of $23,167,598.
Sec. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 520Committee on Ways and Means
CHAPTER 585
[Approved: June 12, 2019]
AN ACT making appropriations to the Division of Public and Behavioral Health for a web-based Community Health Services system, the replacement of computer hardware and software at certain facilities and a skid-steer; 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 Division of Public and Behavioral Health of the Department of Health and Human Services the sum of $12,282 for the replacement of computer hardware and software.
κ2019 Statutes of Nevada, Page 3719 (CHAPTER 585, AB 520)κ
Sec. 2. There is hereby appropriated from the State General Fund to the Division of Public and Behavioral Health of the Department of Health and Human Services the sum of $112,000 for a web-based Community Health Services system.
Sec. 3. There is hereby appropriated from the State General Fund to the Division of Public and Behavioral Health of the Department of Health and Human Services, Facility for the Mental Offender, the sum of $28,565 for the replacement of computer hardware and software.
Sec. 4. There is hereby appropriated from the State General Fund to the Division of Public and Behavioral Health of the Department of Health and Human Services, Facility for the Mental Offender, the sum of $6,091 for the replacement of computer software.
Sec. 5. There is hereby appropriated from the State General Fund to the Division of Public and Behavioral Health of the Department of Health and Human Services, Northern Nevada Adult Mental Health Services, the sum of $131,714 for the replacement of computer hardware and software.
Sec. 6. There is hereby appropriated from the State General Fund to the Division of Public and Behavioral Health of the Department of Health and Human Services, Northern Nevada Adult Mental Health Services, the sum of $721,970 for the deferred maintenance projects essential for the security and operation of the facility.
Sec. 7. There is hereby appropriated from the State General Fund to the Division of Public and Behavioral Health of the Department of Health and Human Services, Northern Nevada Adult Mental Health Services, the sum of $207,439 for phone system upgrades.
Sec. 8. There is hereby appropriated from the State General Fund to the Division of Public and Behavioral Health of the Department of Health and Human Services, Northern Nevada Adult Mental Health Services, the sum of $56,500 for the replacement of buildings and grounds equipment.
Sec. 9. There is hereby appropriated from the State General Fund to the Division of Public and Behavioral Health of the Department of Health and Human Services, Southern Nevada Adult Mental Health Services, the sum of $174,960 for the replacement of computer hardware.
Sec. 10. There is hereby appropriated from the State General Fund to the Division of Public and Behavioral Health of the Department of Health and Human Services, Southern Nevada Adult Mental Health Services, the sum of $21,000 for a skid-steer.
Sec. 11. Any remaining balance of the appropriations made by sections 1 to 10, inclusive, of this act 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.
Sec. 12. This act becomes effective upon passage and approval.
________
κ2019 Statutes of Nevada, Page 3720κ
Assembly Bill No. 522Committee on Ways and Means
CHAPTER 586
[Approved: June 12, 2019]
AN ACT making appropriations to the Budget Division for an upgrade to the Nevada Executive Budget System and the replacement of office furniture; 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. 1. There is hereby appropriated from the State General Fund to the Budget Division of the Office of Finance in the Office of the Governor the sum of $1,438,500 for an upgrade to the Nevada Executive Budget System.
2. There is hereby appropriated from the State General Fund to the Budget Division of the Office of Finance in the Office of the Governor the sum of $53,052 for the replacement of office furniture.
Sec. 2. Any remaining balance of the appropriations made by section 1 of this act 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.
Sec. 3. This act becomes effective upon passage and approval.
________
κ2019 Statutes of Nevada, Page 3721κ
Assembly Bill No. 523Committee on Ways and Means
CHAPTER 587
[Approved: June 12, 2019]
AN ACT making appropriations to the Department of Motor Vehicles for replacement of uninterruptible power supply equipment and Storage Area Network units, an upgrade to the Avaya telephone and PBX systems and CrowdStrike software; 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. 1. There is hereby appropriated from the State Highway Fund to the Division of Information Technology of the Department of Motor Vehicles the sum of $150,000 for the replacement of uninterruptible power supply equipment.
2. There is hereby appropriated from the State Highway Fund to the Division of Information Technology of the Department of Motor Vehicles the sum of $660,680 for the replacement of Storage Area Network units.
3. There is hereby appropriated from the State Highway Fund to the Division of Information Technology of the Department of Motor Vehicles the sum of $279,393 for an upgrade to the Avaya telephone and PBX systems.
4. There is hereby appropriated from the State Highway Fund to the Division of Information Technology of the Department of Motor Vehicles the sum of $93,500 for CrowdStrike software.
Sec. 2. Any remaining balance of the appropriations made by section 1 of this act 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 Highway Fund on or before September 17, 2021.
Sec. 3. This act becomes effective upon passage and approval.
________
κ2019 Statutes of Nevada, Page 3722κ
Assembly Bill No. 527Committee on Ways and Means
CHAPTER 588
[Approved: June 12, 2019]
AN ACT relating to support of dependent children; increasing the annual fee imposed for collections of child support in certain cases; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing federal law requires the State to charge an annual fee for each case that receives child support services under certain circumstances pursuant to Part D of Title IV of the Social Security Act, 42 U.S.C. §§ 651 et seq. Existing law provides for the required fee. (NRS 425.3847)
The Bipartisan Budget Act of 2018 increased the amount of the mandatory annual fee and revised the amount that must be collected and disbursed to a family to be subject to the fee each fiscal year. (Pub. L. 115-123) This bill makes corresponding increases to the annual fee and the annual threshold to be subject to the fee to remain in compliance with federal mandates.
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 425.3847 is hereby amended to read as follows:
425.3847 1. The Chief shall retain an annual fee of up to [$25] $35 in each case for which the Chief provides services from any amount collected in the case during the year in excess of [$500,] $550, but only if the child for whom the collection is made and the person who has physical custody of the child in the case are not and have never been a recipient of Temporary Assistance for Needy Families pursuant to Title IV of the Social Security Act, 42 U.S.C. §§ 601 et seq.
2. Any fee collected pursuant to subsection 1 must be used to carry out the Program.
________
κ2019 Statutes of Nevada, Page 3723κ
Assembly Bill No. 96Committee on Natural Resources, Agriculture, and Mining
CHAPTER 589
[Approved: June 12, 2019]
AN ACT relating to historic preservation; directing the Office of Historic Preservation of the State Department of Conservation and Natural Resources to create the Historic Sites Passport Program as a pilot program to issue stamps in a program booklet or passport for participants who visit certain historical sites; making an appropriation; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law creates the Office of Historic Preservation of the State Department of Conservation and Natural Resources which prepares and maintains the State Register of Historic Places. (NRS 383.021, 383.085) Sections 1.2 and 2 of this bill provides for the development, creation and operation of the Historic Sites Passport Program as a pilot program that will operate from July 1, 2019, through January 1, 2021, and that will issue stamps in a program booklet or passport to participants who visit certain sites, structures, objects and districts on the State Register. Section 1.4 of this bill requires the Office, in consultation with the Department of Tourism and Cultural Affairs, to prepare a report on the results of the Program and submit a copy of the report to the Director of the Legislative Counsel Bureau for transmission to the 81st Session of the Nevada Legislature.
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. 1.2. 1. The Office of Historic Preservation of the State Department of Conservation and Natural Resources, in consultation with the Department of Tourism and Cultural Affairs, shall develop, create and administer the Historic Sites Passport Program as a pilot program.
2. The Historic Sites Passport Program must issue stamps in a program booklet or passport to program participants who visit sites, buildings, structures, objects or districts placed on the State Register of Historic Places pursuant to NRS 383.085.
3. The Historic Sites Passport Program must include, without limitation:
(a) The identification of sites, buildings, structures, objects or districts placed on the State Register of Historic Places pursuant to NRS 383.085 that are accessible to members of the public, including, without limitation:
(1) Publicly owned and accessible sites, buildings, structures, objects or districts that may be staffed during certain hours for the purpose of issuing stamps in a program booklet or passport; and
(2) Sites, buildings, structures, objects or districts that are privately owned or located on private property if:
κ2019 Statutes of Nevada, Page 3724 (CHAPTER 589, AB 96)κ
(I) The owner of the site, building, structure, object or district or the owner of the private property, as applicable, voluntarily participates in the Historic Sites Passport Program; and
(II) The site, building, structure, object or district may be staffed during certain hours for the purpose of issuing stamps in a program booklet or passport; and
(b) The development and design of a program booklet or passport and a stamp. Such program booklet or passport must be:
(1) Accessible on the Internet website of the Office of Historic Preservation for download by members of the public; and
(2) Available in limited quantities in hard copy at locations determined by the Office of Historic Preservation.
Sec. 1.4. On or before January 1, 2021, the Office of Historic Preservation of the State Department of Conservation and Natural Resources, in consultation with the Department of Tourism and Cultural Affairs, shall:
1. Prepare a report on the results of the Historic Sites Passport Program developed, created and administered pursuant to section 1.2 of this act, including, without limitation, any recommendations for legislation; and
2. Submit a copy of the report to the Director of the Legislative Counsel Bureau for transmittal to the 81st Session of the Nevada Legislature.
Sec. 1.6. There is hereby appropriated from the State General Fund to the Office of Historic Preservation of the State Department of Conservation and Natural Resources the sum of $50,000 to allow the Office of Historic Preservation to carry out the Historic Sites Passport Program pursuant to sections 1.2 and 1.4 of this act.
Sec. 1.8. Any remaining balance of the appropriation made by section 1.6 of this act 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.
Sec. 2. 1. This act becomes effective upon passage and approval for the purpose of performing any preparatory administrative tasks necessary to carry out the provisions of this act, and on July 1, 2019, for all other purposes.
2. Section 1.2 of this act expires by limitation on January 1, 2021.
________
κ2019 Statutes of Nevada, Page 3725κ
Senate Bill No. 135Committee on Government Affairs
CHAPTER 590
[Approved: June 12, 2019]
AN ACT relating to state employees; authorizing collective bargaining for certain state employees; renaming and expanding the duties of the Local Government Employee-Management Relations Board; providing for bargaining units of state employees and their representatives; establishing procedures for collective bargaining and for making and amending collective bargaining agreements; prohibiting certain unfair labor practices; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Title 23 of NRS governs public employment. This bill authorizes collective bargaining between the State and certain state employees. Sections 2, 27, 28 and 48 of this bill expand the powers and duties of the Local Government Employee-Management Relations Board to include hearing and deciding certain disputes between the State and certain state employees. Section 46 of this bill changes the name of the Local Government Employee-Management Relations Board to the Government Employee-Management Relations Board to conform to this change in duties. Existing law requires the Local Government Employee-Management Relations Board annually to assess a fee for the support of the Board against each local government employer. (NRS 288.105) Section 23 of this bill additionally requires the renamed Government Employee-Management Relations Board annually to assess a similar fee against each agency or other unit of the Executive Department of State Government. Section 24 of this bill authorizes certain state employees to organize and join labor organizations, or refrain from engaging in that activity, and, as applicable, to engage in collective bargaining through exclusive representatives.
Section 25 of this bill establishes requirements concerning collective bargaining agreements. Section 26 of this bill prohibits certain unfair labor practices in the context of collective bargaining. Section 29 of this bill provides for the creation and organization of bargaining units of employees of the Executive Department. Sections 30-33 of this bill provide for the election or designation of exclusive representatives of bargaining units. Section 34 of this bill requires the exclusive representative of a bargaining unit to engage in collective bargaining with the Executive Department on behalf of the employees within the unit. Section 36 of this bill sets forth the term of a collective bargaining agreement.
Section 38 of this bill: (1) requires the Governor to appoint a representative to negotiate concerning collective bargaining agreements on behalf of the Executive Department; and (2) sets forth certain time frames in which the Executive Department and an exclusive representative of a bargaining unit are required to engage in collective bargaining. Sections 39-41 of this bill provide for the mediation and arbitration of disputes between the Executive Department and a bargaining unit. Section 42 of this bill authorizes supplemental collective bargaining between the Executive Department and the exclusive representative of a bargaining unit over any terms and conditions of employment that do not affect all the employees of the bargaining unit. Sections 44 and 50 of this bill provide that certain meetings convened for the purpose of collective bargaining and resolving disputes relating to collective bargaining are exempt from the provisions of existing law requiring open and public meetings of public bodies. Sections 6-14, 45 and 54 of this bill reorganize certain definitions in chapter 288 of NRS to conform to changes made in this bill.
κ2019 Statutes of Nevada, Page 3726 (CHAPTER 590, SB 135)κ
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 281.129 is hereby amended to read as follows:
281.129 1. Any officer of the State, except the Legislative Fiscal Officer, who disburses money in payment of salaries and wages of officers and employees of the State:
(a) May, upon written requests of the officer or employee specifying amounts, withhold those amounts and pay them to:
(1) Charitable organizations;
(2) Employee credit unions;
(3) Except as otherwise provided in paragraph (c), insurers;
(4) The United States for the purchase of savings bonds and similar obligations of the United States; and
(5) [Employee] Except as otherwise provided in section 35 of this act, employee organizations and labor organizations.
(b) May, in accordance with an agreement entered into pursuant to NRS 701A.450 between the Director of the Office of Energy and the officer or employee specifying amounts, withhold those amounts and pay them to the Director of the Office of Energy for credit to the Renewable Energy Account created by NRS 701A.450.
(c) Shall, upon receipt of information from the Public Employees Benefits Program specifying amounts of premiums or contributions for coverage by the Program, withhold those amounts from the salaries or wages of officers and employees who participate in the Program and pay those amounts to the Program.
2. The State Controller may adopt regulations necessary to withhold money from the salaries or wages of officers and employees of the Executive Department.
Sec. 2. NRS 281.755 is hereby amended to read as follows:
281.755 1. Except as otherwise provided in subsections 2 and 5, a public body shall provide an employee who is the mother of a child under 1 year of age with:
(a) Reasonable break time, with or without compensation, for the employee to express breast milk as needed; and
(b) A place, other than a bathroom, that is reasonably free from dirt or pollution, protected from the view of others and free from intrusion by others where the employee may express breast milk.
2. If the public body determines that complying with the provisions of subsection 1 will cause an undue hardship considering the size, financial resources, nature and structure of the public body, the public body may meet with the employee to agree upon a reasonable alternative. If the parties are not able to reach an agreement, the public body may require the employee to accept a reasonable alternative selected by the public body and the employee may appeal the decision by filing a complaint in the manner set forth in subsection 4.
3. An officer or agent of a public body shall not retaliate, or direct or encourage another person to retaliate, against an employee of the public body because the employee has:
κ2019 Statutes of Nevada, Page 3727 (CHAPTER 590, SB 135)κ
(a) Taken break time or used the space provided pursuant to subsection 1 or 2 to express breast milk; or
(b) Taken any action to require the public body to comply with the requirements of this section, including, without limitation, filing a complaint, testifying, assisting or participating in any manner in an investigation, proceeding or hearing to enforce the provisions of this section.
4. An employee who is aggrieved by the failure of a public body to comply with the provisions of this section may:
(a) If the employee is employed by the Executive Department of State Government , [and] is not an employee of an entity described in NRS 284.013 [,] and is not an employee in a bargaining unit pursuant to sections 15 to 44, inclusive, of this act, file a complaint with the Employee-Management Committee in accordance with the procedures provided pursuant to NRS 284.384;
(b) If the employee is employed by the Legislative Department of State Government, file a complaint with the Director of the Legislative Counsel Bureau;
(c) If the employee is employed by the Judicial Department of State Government, file a complaint with the Court Administrator; and
(d) If the employee is employed by a political subdivision of this State or any public or quasi-public corporation organized under the laws of this State [,] or if the employee is employed by the Executive Department of State Government and is an employee in a bargaining unit pursuant to sections 15 to 44, inclusive, of this act, file a complaint with the [Local] Government Employee-Management Relations Board in the manner set forth in NRS 288.115.
5. The requirements of this section do not apply to the Department of Corrections. The Department is encouraged to comply with the provisions of this section to the extent practicable.
6. As used in this section, public body means:
(a) The State of Nevada, or any agency, instrumentality or corporation thereof;
(b) The Nevada System of Higher Education; or
(c) Any political subdivision of this State or any public or quasi-public corporation organized under the laws of this State, including, without limitation, counties, cities, unincorporated towns, school districts, charter schools, hospital districts, irrigation districts and other special districts.
Sec. 3. NRS 284.013 is hereby amended to read as follows:
284.013 1. Except as otherwise provided in subsection 4, this chapter does not apply to:
(a) Agencies, bureaus, commissions, officers or personnel in the Legislative Department or the Judicial Department of State Government, including the Commission on Judicial Discipline;
(b) Any person who is employed by a board, commission, committee or council created in chapters 445C, 590, 623 to 625A, inclusive, 628, 630 to 644A, inclusive, 648, 652, 654 and 656 of NRS; or
(c) Officers or employees of any agency of the Executive Department of the State Government who are exempted by specific statute.
2. Except as otherwise provided in subsection 3, the terms and conditions of employment of all persons referred to in subsection 1, including salaries not prescribed by law and leaves of absence, including, without limitation, annual leave and sick and disability leave, must be fixed by the appointing or employing authority within the limits of legislative appropriations or authorizations.
κ2019 Statutes of Nevada, Page 3728 (CHAPTER 590, SB 135)κ
without limitation, annual leave and sick and disability leave, must be fixed by the appointing or employing authority within the limits of legislative appropriations or authorizations.
3. Except as otherwise provided in this subsection, leaves of absence prescribed pursuant to subsection 2 must not be of lesser duration than those provided for other state officers and employees pursuant to the provisions of this chapter. The provisions of this subsection do not govern the Legislative Commission with respect to the personnel of the Legislative Counsel Bureau.
4. Any board, commission, committee or council created in chapters 445C, 590, 623 to 625A, inclusive, 628, 630 to 644A, inclusive, 648, 652, 654 and 656 of NRS which contracts for the services of a person, shall require the contract for those services to be in writing. The contract must be approved by the State Board of Examiners before those services may be provided.
5. To the extent that they are inconsistent or otherwise in conflict, the provisions of this chapter do not apply to any terms and conditions of employment that are properly within the scope of and subject to the provisions of a collective bargaining agreement or a supplemental bargaining agreement that is enforceable pursuant to the provisions of sections 15 to 44, inclusive, of this act.
Sec. 4. Chapter 287 of NRS is hereby amended by adding thereto a new section to read as follows:
To the extent that they are inconsistent or otherwise in conflict, the provisions of this chapter do not apply to any terms and conditions of employment that are properly within the scope of and subject to the provisions of a collective bargaining agreement or supplemental bargaining agreement that is enforceable pursuant to the provisions of sections 15 to 44, inclusive, of this act.
Sec. 5. Chapter 288 of NRS is hereby amended by adding thereto the provisions set forth as sections 6 to 44, inclusive, of this act.
Sec. 6. As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 288.040, 288.050 and 288.060 and sections 7 to 14, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 7. Board means the Government Employee-Management Relations Board created by NRS 288.080.
Sec. 8. Collective bargaining means a method of determining conditions of employment by negotiation between representatives of the Executive Department or local government employer and an employee organization or labor organization, entailing a mutual obligation of the Executive Department or local government employer, as applicable, and the representative of the state or local government employees to meet at reasonable times and bargain in good faith with respect to:
1. Wages, hours and other terms and conditions of employment;
2. The negotiation of an agreement;
3. The resolution of any question arising under a negotiated agreement; or
4. The execution of a written contract incorporating any agreement reached if requested by either party,
Κ but this obligation does not compel either party to agree to a proposal or require the making of a concession.
κ2019 Statutes of Nevada, Page 3729 (CHAPTER 590, SB 135)κ
Sec. 9. Commissioner means the Commissioner appointed by the Board pursuant to NRS 288.090.
Sec. 10. Executive Department means an agency, board, bureau, commission, department, division, elected officer or any other unit of the Executive Department of State Government. The term includes the Nevada System of Higher Education.
Sec. 11. Fact-finding means the formal procedure by which an investigation of a labor dispute is conducted by a person at which:
1. Evidence is presented; and
2. A written report is issued by the fact finder describing the issues involved and setting forth recommendations for settlement which may or may not be binding as provided in NRS 288.200.
Sec. 12. Labor organization means an organization of any kind having as one of its purposes improvement of the terms and conditions of employment of state employees.
Sec. 13. Mediation means assistance by an impartial third party to reconcile differences between the Executive Department or a local government employer and an exclusive representative through interpretation, suggestion and advice.
Sec. 14. Strike means any concerted:
1. Stoppage of work, slowdown or interruption of operations by employees of the State of Nevada or local government employees;
2. Absence from work by employees of the State of Nevada or local government employees upon any pretext or excuse, such as illness, which is not founded in fact; or
3. Interruption of the operations of the State of Nevada or any local government employer by any employee organization or labor organization.
Sec. 15. As used in sections 15 to 44, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 16 to 21, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 16. Arbitration means a process of dispute resolution where the parties involved in an impasse or grievance dispute submit their dispute to a third party for a final and binding decision.
Sec. 17. Bargaining unit means a collection of employees that the Board has established as a bargaining unit pursuant to section 29 of this act.
Sec. 18. Confidential employee means an employee who provides administrative support to an employee who assists in the formulation, determination and effectuation of personnel policies or managerial policies concerning collective bargaining or supplemental bargaining.
Sec. 19. 1. Employee means a person who:
(a) Is employed in the classified service of the State pursuant to chapter 284 of NRS; or
(b) Is employed by the Nevada System of Higher Education in the classified service of the State or is required to be paid in accordance with the pay plan for the classified service of the State.
2. The term does not include:
(a) A managerial employee whose primary function, as determined by the Board, is to administer and control the business of any agency, board, bureau, commission, department, division, elected officer or any other unit of the Executive Department and who is vested with discretion and independent judgment with regard to the general conduct and control of that agency, board, bureau, commission, department, division, elected officer or unit;
κ2019 Statutes of Nevada, Page 3730 (CHAPTER 590, SB 135)κ
independent judgment with regard to the general conduct and control of that agency, board, bureau, commission, department, division, elected officer or unit;
(b) An elected official or any person appointed to fill a vacancy in an elected office;
(c) A confidential employee;
(d) A temporary employee who is employed for a fixed period of 4 months or less;
(e) A commissioned officer or an enlisted member of the Nevada National Guard;
(f) Any person employed by the Nevada System of Higher Education who is not in the classified service of the State or required to be paid in accordance with the pay plan of the classified service of the State; or
(g) Any person employed by the Public Employees Retirement System who is required to be paid in accordance with the pay plan of the classified service of the State.
Sec. 20. Exclusive representative means a labor organization that, as a result of its designation by the Board, has the exclusive right to represent all the employees within a bargaining unit and to engage in collective bargaining with the Executive Department pursuant to sections 15 to 44, inclusive, of this act concerning wages, hours and other terms and conditions of employment for those employees.
Sec. 21. Grievance means an act, omission or occurrence that an employee or an exclusive representative believes to be an injustice relating to any condition arising out of the relationship between an employer and an employee, including, without limitation, working hours, working conditions, membership in an organization of employees or the interpretation of any law, regulation or agreement.
Sec. 22. 1. The Legislature hereby finds and declares that there is a great need to:
(a) Promote orderly and constructive relations between the State and its employees; and
(b) Increase the efficiency of the Executive Department of State Government.
2. It is therefore within the public interest that the Legislature enact provisions:
(a) Granting certain state employees the right to associate with others in organizing and choosing representatives for the purpose of engaging in collective bargaining;
(b) Requiring the State to recognize and negotiate wages, hours and other terms and conditions of employment with labor organizations that represent state employees and to enter into written agreements evidencing the result of collective bargaining; and
(c) Establishing standards and procedures that protect the rights of employees, the Executive Department and the people of the State.
Sec. 23. 1. On or before July 1 of each year, the Board shall charge and collect a fee from the Executive Department in an amount not to exceed $10 for each employee of the Executive Department who was employed by the Executive Department during the first pay period of the immediately preceding fiscal year.
κ2019 Statutes of Nevada, Page 3731 (CHAPTER 590, SB 135)κ
2. The Executive Department shall pay the fee imposed pursuant to subsection 1 on or before July 31 of each year. The Executive Department shall not impose the fee against its employees.
3. If the Executive Department fails to pay the fee imposed pursuant to subsection 1 on or before July 31 of that year, the Board shall impose a civil penalty not to exceed $10 for each employee employed by the Executive Department for whom the fee was not paid.
4. The Executive Department may not receive a reduction in the amount of the fee imposed pursuant to subsection 1 or a refund of that amount if an employee is not employed for a full calendar year. The fee must be imposed whether or not the employee is a member of a labor organization.
5. Any money received from the fees collected pursuant to subsection 1 must be accounted for separately and may be used only to carry out the duties of the Board.
6. To carry out the provisions of this section, the Board may verify the identity and number of employees employed by the Executive Department by any reasonable means.
Sec. 24. 1. For the purposes of collective bargaining, supplemental bargaining and other mutual aid or protection, employees have the right to:
(a) Organize, form, join and assist labor organizations, engage in collective bargaining and supplemental bargaining through exclusive representatives and engage in other concerted activities; and
(b) Refrain from engaging in such activity.
2. Collective bargaining and supplemental bargaining entail a mutual obligation of the Executive Department and an exclusive representative to meet at reasonable times and to bargain in good faith with respect to:
(a) The subjects of mandatory bargaining set forth in subsection 2 of NRS 288.150, except paragraph (f) of that subsection;
(b) The negotiation of an agreement;
(c) The resolution of any question arising under an agreement; and
(d) The execution of a written contract incorporating the provisions of an agreement, if requested by either party.
3. The subject matters set forth in subsection 3 of NRS 288.150 are not within the scope of mandatory bargaining and are reserved to the Executive Department without negotiation.
4. Notwithstanding the provisions of any collective bargaining agreement negotiated pursuant to the provisions of sections 15 to 44, inclusive, of this act, the Executive Department is entitled to take the actions set forth in paragraph (b) of subsection 4 of NRS 288.150. Any action taken under the provisions of this subsection must not be construed as a failure to negotiate in good faith.
5. This section does not preclude, but the provisions of sections 15 to 44, inclusive, of this act do not require, the Executive Department to negotiate subject matters set forth in subsection 3 which are outside the scope of mandatory bargaining. The Executive Department shall discuss subject matters outside the scope of mandatory bargaining but it is not required to negotiate those matters.
6. The Executive Department shall furnish to an exclusive representative data that is maintained in the ordinary course of business and which is relevant and necessary to the discussion of the subjects of mandatory bargaining described in subsection 2. This subsection shall not be construed to require the Executive Department to furnish to the exclusive representative any advice or training received by representatives of the Executive Department concerning collective bargaining.
κ2019 Statutes of Nevada, Page 3732 (CHAPTER 590, SB 135)κ
be construed to require the Executive Department to furnish to the exclusive representative any advice or training received by representatives of the Executive Department concerning collective bargaining.
7. To the greatest extent practicable, any decision issued by the Board before October 1, 2019, relating to the interpretation of, or the performance under, the provisions of NRS 288.150 shall be deemed to apply to any complaint arising out of the interpretation of, or performance under, the provisions of this section.
Sec. 25. 1. Each collective bargaining agreement must be in writing and must include, without limitation:
(a) A procedure to resolve grievances which applies to all employees in the bargaining unit and culminates in final and binding arbitration. The procedure must be used to resolve all grievances relating to employment, including, without limitation, the administration and interpretation of the collective bargaining agreement, the applicability of any law, rule or regulation relating to the employment and appeal of discipline and other adverse personnel actions.
(b) A provision which provides that an officer of the Executive Department shall, upon written authorization by an employee within the bargaining unit, withhold a sufficient amount of money from the salary or wages of the employee pursuant to NRS 281.129 to pay dues or similar fees to the exclusive representative of the bargaining unit. Such authorization may be revoked only in the manner prescribed in the authorization.
(c) A nonappropriation clause that provides that any provision of the collective bargaining agreement which requires the Legislature to appropriate money is effective only to the extent of legislative appropriation.
2. Except as otherwise provided in subsections 3 and 4, the procedure to resolve grievances required in a collective bargaining agreement pursuant to paragraph (a) of subsection 1 is the exclusive means available for resolving grievances described in that paragraph.
3. An employee in a bargaining unit who has been dismissed, demoted or suspended may pursue a grievance related to that dismissal, demotion or suspension through:
(a) The procedure provided in the agreement pursuant to paragraph (a) of subsection 1; or
(b) The procedure prescribed by NRS 284.390,
Κ but once the employee has properly filed a grievance in writing under the procedure described in paragraph (a) or requested a hearing under the procedure described in paragraph (b), the employee may not proceed in the alternative manner.
4. An employee in a bargaining unit who is aggrieved by the failure of the Executive Department or its designated representative to comply with the requirements of NRS 281.755 may pursue a grievance related to that failure through:
(a) The procedure provided in the agreement pursuant to paragraph (a) of subsection 1; or
(b) The procedure prescribed by NRS 288.115,
Κ but once the employee has properly filed a grievance in writing under the procedure described in paragraph (a) or filed a complaint under the procedure described in paragraph (b), the employee may not proceed in the alternative manner.
κ2019 Statutes of Nevada, Page 3733 (CHAPTER 590, SB 135)κ
5. If there is a conflict between any provision of an agreement between the Executive Department and an exclusive representative and:
(a) Any regulation adopted by the Executive Department, the provision of the agreement prevails unless the provision of the agreement is outside of the lawful scope of collective bargaining.
(b) An existing statute, other than a statute described in paragraph (c), the provision of the agreement may not be given effect unless the Legislature amends the existing statute in such a way as to eliminate the conflict.
(c) A provision of chapter 284 or 287 of NRS or section 39, 40 or 41 of this act, the provision of the agreement prevails unless the Legislature is required to appropriate money to implement the provision, within the limits of legislative appropriations and any other available money.
Sec. 25.5. Notwithstanding the provisions of any collective bargaining agreement negotiated pursuant to the provisions of sections 15 to 44, inclusive, of this act, the Governor may include in the biennial proposed executive budget of the State any amount of money the Governor deems appropriate for the salaries, wage rates or any other form of direct monetary compensation for employees.
Sec. 26. 1. It is a prohibited practice for the Executive Department or its designated representative willfully to:
(a) Engage in any prohibited practice applicable to a local government employer or its designated representative set forth in subsection 1 of NRS 288.270, except paragraphs (e) and (g) of that subsection.
(b) Refuse to bargain collectively in good faith with an exclusive representative as required in section 38 of this act. Bargaining collectively includes the entire bargaining process, including, without limitation, mediation or arbitration.
(c) Failure to provide the information required in section 24 of this act.
2. It is a prohibited practice for an employee or for a labor organization or its designated agent willfully to:
(a) Engage in any prohibited practice applicable to a local government employee or a labor organization or its designated representative set forth in subsection 2 of NRS 288.270, except paragraphs (b) and (d) of that subsection.
(b) Refuse to bargain in good faith with the Executive Department, if it is an exclusive representative, as required in section 34 of this act. Bargaining collectively includes the entire bargaining process, including, without limitation, mediation or arbitration.
3. The inclusion by the Governor in the biennial proposed executive budget of the State of an amount of money for the salaries, wage rates or any other form of direct monetary compensation for employees which conflicts with the terms of a collective bargaining agreement must not be construed as a failure of the Executive Department to negotiate in good faith.
4. To the greatest extent practicable, any decision issued by the Board before October 1, 2019, relating to the interpretation of, or the performance under, the provisions of NRS 288.270 shall be deemed to apply to any complaint arising out of the interpretation of, or performance under, the provisions of this section.
Sec. 27. 1. To establish that a party committed a prohibited practice in violation of section 26 of this act, the party aggrieved by the practice must file a complaint with the Board in accordance with procedures prescribed by the Board.
κ2019 Statutes of Nevada, Page 3734 (CHAPTER 590, SB 135)κ
2. The Board may conduct a preliminary investigation of the complaint. Based on such an investigation:
(a) If the Board determines that the complaint has no basis in law or fact, the Board shall dismiss the complaint.
(b) If the Board determines that the complaint may have a basis in law or fact, the Board shall order a hearing to be conducted in accordance with:
(1) The provisions of chapter 233B of NRS that apply to a contested case; and
(2) Any rules adopted by the Board pursuant to NRS 288.110.
3. If the Board finds at the hearing that the party accused in the complaint has committed a prohibited practice, the Board:
(a) Shall order the party to cease and desist from engaging in the prohibited practice; and
(b) May order any other affirmative relief that is necessary to remedy the prohibited practice.
4. The Board or any party aggrieved by the failure of any person to obey an order of the Board issued pursuant to subsection 4 may apply to a court of competent jurisdiction for a prohibitory or mandatory injunction to enforce the order.
5. Any order or decision issued by the Board pursuant to this section concerning the merits of a complaint is a final decision in a contested case and may be appealed pursuant to the provisions of chapter 233B of NRS that apply to a contested case, except that a party aggrieved by the order or decision of the Board must file a petition for judicial review not later than 10 days after being served with the order or decision of the Board.
Sec. 28. 1. The Board may appoint a hearing officer to conduct a hearing that the Board is otherwise required to conduct pursuant to section 27 of this act.
2. A decision of the hearing officer may be appealed to the Board.
3. On appeal to the Board, the Board may consider the record of the hearing or may conduct a hearing de novo. A hearing de novo conducted by the Board must be conducted in accordance with:
(a) The provisions of chapter 233B of NRS that apply to a contested case; and
(b) Any rules adopted by the Board pursuant to NRS 288.110.
4. If the Board finds at the hearing that the party accused in the complaint has committed a prohibited practice, the Board:
(a) Shall order the party to cease and desist from engaging in the prohibited practice; and
(b) May order any other affirmative relief that is necessary to remedy the prohibited practice.
5. The Board or any party aggrieved by the failure of any person to obey an order of the Board issued pursuant to subsection 4 may apply to a court of competent jurisdiction for a prohibitory or mandatory injunction to enforce the order.
6. Any order or decision issued by the Board pursuant to this section concerning the merits of a complaint is a final decision in a contested case and may be appealed pursuant to the provisions of chapter 233B of NRS that apply to a contested case, except that a party aggrieved by the order or decision of the Board must file a petition for judicial review not later than 10 days after being served with the order or decision of the Board.
κ2019 Statutes of Nevada, Page 3735 (CHAPTER 590, SB 135)κ
Sec. 29. 1. The Board shall establish one bargaining unit for each of the following occupational groups of employees of the Executive Department:
(a) Labor, maintenance, custodial and institutional employees, including, without limitation, employees of penal and correctional institutions who are not responsible for security at those institutions.
(b) Administrative and clerical employees, including, without limitation, legal support staff and employees whose work involves general office work, or keeping or examining records and accounts.
(c) Technical aides to professional employees, including, without limitation, computer programmers, tax examiners, conservation employees and regulatory inspectors.
(d) Professional employees who do not provide health care, including, without limitation, engineers, scientists and accountants.
(e) Professional employees who provide health care, including, without limitation, physical therapists and other employees in medical and other professions related to health.
(f) Employees, other than professional employees, who provide health care and personal care, including, without limitation, employees who provide care for children.
(g) Category I peace officers.
(h) Category II peace officers.
(i) Category III peace officers.
(j) Supervisory employees from all occupational groups.
(k) Firefighters.
2. The Board shall determine the classifications of employees within each bargaining unit. The parties to a collective bargaining agreement may assign a new classification to a bargaining unit based upon the similarity of the new classification to other classifications within the bargaining unit. If the parties to a collective bargaining agreement do not agree to the assignment of a new classification to a bargaining unit, the Board must assign a new classification to a bargaining unit based upon the similarity of the new classification to other classifications within the bargaining unit.
3. As used in this section:
(a) Category I peace officer has the meaning ascribed to it in NRS 289.460.
(b) Category II peace officer has the meaning ascribed to it in NRS 289.470.
(c) Category III peace officer has the meaning ascribed to it in NRS 289.480.
(d) Professional employee means an employee engaged in work that:
(1) Is predominately intellectual and varied in character as opposed to routine mental, manual, mechanical or physical work;
(2) Involves the consistent exercise of discretion and judgment in its performance;
(3) Is of such a character that the result accomplished or produced cannot be standardized in relation to a given period; and
(4) Requires advanced knowledge in a field of science or learning customarily acquired through a prolonged course of specialized intellectual instruction and study in an institution of higher learning, as distinguished from general academic education, an apprenticeship or training in the performance of routine mental or physical processes.
κ2019 Statutes of Nevada, Page 3736 (CHAPTER 590, SB 135)κ
(e) Supervisory employee has the meaning ascribed to it in paragraph (a) of subsection 1 of NRS 288.075.
Sec. 30. If no labor organization is designated as the exclusive representative of a bargaining unit and a labor organization files with the Board a list of its membership or other evidence showing that the labor organization has been authorized to serve as a representative by more than 50 percent of the employees within the bargaining unit, the Board shall designate the labor organization as the exclusive representative of the bargaining unit without ordering an election.
Sec. 31. 1. If no labor organization is designated as the exclusive representative of a bargaining unit, the Board shall order an election to be conducted within the bargaining unit if:
(a) A labor organization files with the Board a written request for an election which includes a list of its membership or other evidence showing that it has been authorized to serve as a representative by at least 30 percent but not more than 50 percent of the employees within the bargaining unit; and
(b) No other election to choose, change or discontinue representation has been conducted within the bargaining unit during the immediately preceding 12 months.
2. If the Board designates a labor organization as the exclusive representative of a bargaining unit following an election pursuant to subsection 1 or pursuant to section 30 of this act, the Board shall order an election:
(a) If either:
(1) Another labor organization files with the Board a written request for an election which includes a list of its membership or other evidence showing that the labor organization has been authorized to serve as a representative by at least 50 percent of the employees within the bargaining unit; or
(2) A group of employees within the bargaining unit files with the Board a written request for an election which includes a list or other evidence showing that more than 50 percent of the employees within the bargaining unit have requested that an election be conducted to change or discontinue representation;
(b) If applicable, the request filed pursuant to paragraph (a) is filed not more than 270 days and not less than 225 days before the date on which the current collective bargaining agreement in effect for the bargaining unit expires; and
(c) If no other election to choose, change or discontinue representation has been conducted within the bargaining unit during the immediately preceding 12 months.
Sec. 32. 1. If the Board orders an election within a bargaining unit pursuant to section 31 of this act, the Board shall order that each of the following be placed as a choice on the ballot for the election:
(a) If applicable, the labor organization that requested the election pursuant to section 31 of this act;
(b) If applicable, the labor organization that is presently designated as the exclusive representative of the bargaining unit;
(c) Any other labor organization that, on or before the date that is prescribed by the rules adopted by the Board, files with the Board a written request to be placed on the ballot for the election and includes with the written request a list of its membership or other evidence showing that the labor organization has been authorized to serve as a representative by at least 30 percent of the employees within the bargaining unit; and
κ2019 Statutes of Nevada, Page 3737 (CHAPTER 590, SB 135)κ
written request a list of its membership or other evidence showing that the labor organization has been authorized to serve as a representative by at least 30 percent of the employees within the bargaining unit; and
(d) A choice for no representation.
2. If a ballot for an election contains more than two choices and none of the choices on the ballot receives a majority of the votes cast at the initial election, the Board shall order a runoff election between the two choices on the ballot that received the highest number of votes at the initial election.
3. If the choice for no representation receives a majority of the votes cast at the initial election or at any runoff election, the Board shall designate the bargaining unit as being without representation.
4. If a labor organization receives a majority of the votes cast at the initial election or at any runoff election, the Board shall designate the labor organization as the exclusive representative of the bargaining unit.
Sec. 33. 1. The Board shall preside over all elections that are conducted pursuant to section 31 of this act and shall determine the eligibility requirements for employees to vote in any such election.
2. A labor organization that is placed as a choice on the ballot for an election or any employee who is eligible to vote at an election may file with the Board a written objection to the results of the election. The objection must be filed not later than 10 days after the date on which the notice of the results of the election is given by the Board.
3. In response to a written objection filed pursuant to subsection 2 or upon its own motion, the Board may invalidate the results of an election and order a new election if the Board finds that any conduct or circumstances raise substantial doubt that the results of the election are reliable.
Sec. 34. 1. Except as otherwise provided in subsection 2, an exclusive representative shall:
(a) Act as the agent and exclusive representative of all employees within each bargaining unit that it represents; and
(b) In good faith and on behalf of each bargaining unit that it represents, individually or collectively, bargain with the Executive Department concerning the wages, hours and other terms and conditions of employment for the employees within each bargaining unit that it represents, including, without limitation, any terms and conditions of employment that are within the scope of supplemental bargaining pursuant to section 42 of this act.
2. If an employee is within a bargaining unit that has an exclusive representative, the employee has the right to present grievances to the Executive Department at any time and to have those grievances adjusted without the intervention of the exclusive representative if:
(a) The exclusive representative is given an opportunity to be present at any meetings or hearings related to the adjustment of the grievance and provided a copy of the adjustment of the grievance; and
(b) The adjustment of the grievance is not inconsistent with the provisions of the collective bargaining agreement or any supplemental bargaining agreement then in effect.
3. A labor organization may serve as an exclusive representative for multiple bargaining units established pursuant to section 29 of this act.
κ2019 Statutes of Nevada, Page 3738 (CHAPTER 590, SB 135)κ
Sec. 35. If the Board designates a labor organization as the exclusive representative of a bargaining unit pursuant to sections 15 to 44, inclusive, of this act, an officer of the Executive Department shall not, pursuant to NRS 281.129, withhold any amount of money from the salary or wages of an employee within the bargaining unit to pay dues or similar fees to a labor organization other than the labor organization that is the exclusive representative of the bargaining unit.
Sec. 36. Except as otherwise provided in this section, the term of a collective bargaining agreement must begin on July 1 of an odd-numbered year and must end on June 30 of the next odd-numbered year. If the parties cannot agree to a new collective bargaining agreement before the end of the term of a collective bargaining agreement, the terms of that collective bargaining agreement remain in effect until a new collective bargaining agreement takes effect.
Sec. 36.5. 1. Any new, extended or modified collective bargaining agreement or similar agreement between the Executive Department and an exclusive representative must be approved by the State Board of Examiners at a public hearing.
2. Not less than 3 business days before the date of the hearing, the State Board of Examiners shall cause the following documents to be posted and made available for downloading on the Internet website used by the State Board of Examiners to provide public notice of its meetings:
(a) The proposed agreement and any exhibits or other attachments to the proposed agreement;
(b) If the proposed agreement is a modification of a previous agreement, a document showing any language added to or deleted from the previous agreement; and
(c) Any supporting material prepared for the governing body and relating to the fiscal impact of the agreement.
3. At the hearing, the State Board of Examiners shall consider the fiscal impact of the agreement.
Sec. 37. If a provision of a collective bargaining agreement:
1. Does not require an act of the Legislature to be given effect, the provision becomes effective in accordance with the terms of the agreement.
2. Requires an act of the Legislature to be given effect:
(a) The Governor shall request the drafting of a legislative measure pursuant to NRS 218D.175 to effectuate the provision; and
(b) The provision becomes effective, if at all, on the date on which the act of the Legislature becomes effective.
Sec. 38. 1. The Governor shall designate a representative to conduct negotiations concerning collective bargaining agreements on behalf of the Executive Department. The representative may, with the approval of the Governor, delegate the responsibility to conduct such negotiations to another person.
2. A representative designated pursuant to subsection 1 and an exclusive representative shall begin negotiations concerning a collective bargaining agreement within 60 days after one party notifies the other party of the desire to negotiate or on or before November 1 of each even-numbered year, whichever is earlier.
3. As soon as practicable after the Board designates an exclusive representative of an unrepresented bargaining unit pursuant to sections 15 to 44, inclusive, of this act, the exclusive representative shall engage in collective bargaining with the representative designated pursuant to subsection 1 as required by section 34 of this act to establish a collective bargaining agreement with a term ending on June 30 of the next odd-numbered year.
κ2019 Statutes of Nevada, Page 3739 (CHAPTER 590, SB 135)κ
collective bargaining with the representative designated pursuant to subsection 1 as required by section 34 of this act to establish a collective bargaining agreement with a term ending on June 30 of the next odd-numbered year.
Sec. 39. 1. Either party may request a mediator from the Federal Mediation and Conciliation Service if the parties do not reach a collective bargaining agreement:
(a) Within 120 days after the date on which the parties began negotiations or on or before February 1 of an odd-numbered year, whichever is earlier; or
(b) On or before any later date set by agreement of the parties.
2. The mediator shall bring the parties together as soon as possible after his or her appointment and shall attempt to settle each issue in dispute within 21 days after his or her appointment or any later date set by agreement of the parties.
Sec. 40. 1. If a mediator selected pursuant to section 39 of this act determines that his or her services are no longer helpful or if the parties do not reach a collective bargaining agreement through mediation within 21 days after the appointment of the mediator or on or before any later date set by agreement of the parties, the mediator shall discontinue mediation and the parties shall attempt to agree upon an impartial arbitrator. Any proposal that conflicts or is otherwise inconsistent with any provision of state law, other than the provisions of chapters 284 and 287 of NRS, shall be considered withdrawn by the proposing party when mediation is discontinued.
2. If the parties do not agree upon an impartial arbitrator within 5 days after the date on which mediation is discontinued pursuant to subsection 1 or on or before any later date set by agreement of the parties, the parties shall request from the Federal Mediation and Conciliation Service a list of seven potential arbitrators. The parties shall select an arbitrator from this list by alternately striking one name until the name of only one arbitrator remains, and that arbitrator must hear the dispute in question. The party who will strike the first name must be determined by a coin toss.
3. The arbitrator shall begin arbitration proceedings on or before March 1 or any later date set by agreement of the parties.
4. The arbitrator and the parties shall apply and follow the procedures for arbitration that are prescribed by any rules adopted by the Board pursuant to NRS 288.110. During arbitration, the parties retain their respective duties to negotiate in good faith.
5. The arbitrator may administer oaths or affirmations, take testimony and issue and seek enforcement of a subpoena in the same manner as the Board pursuant to NRS 288.120, and, except as otherwise provided in subsection 7, the provisions of NRS 288.120 apply to any subpoena issued by the arbitrator.
6. The arbitrator shall render a decision on or before March 15 or any later date set by agreement of the parties.
7. The Executive Department and the exclusive representative shall each pay one-half of the cost of arbitration.
Sec. 41. 1. For issues in dispute after arbitration proceedings are held pursuant to section 40 of this act, the arbitrator shall incorporate either the final offer of the Executive Department or the final offer of the exclusive representative into his or her decision.
κ2019 Statutes of Nevada, Page 3740 (CHAPTER 590, SB 135)κ
the exclusive representative into his or her decision. The decision of the arbitrator shall be limited to a selection of one of the two final offers of the parties. The arbitrator shall not revise or amend the final offer of either party on any issue.
2. To determine which final offer to incorporate into his or her decision, the arbitrator shall assess the reasonableness of:
(a) The position of each party as to each issue in dispute; and
(b) The contractual terms and provisions contained in each final offer.
3. In assessing reasonableness pursuant to subsection 2, the arbitrator shall:
(a) Compare the wages, hours and other terms and conditions of employment for the employees within the bargaining unit with the wages, hours and other terms and conditions of employment for other employees performing similar services and for other employees generally:
(1) In public employment in comparable communities; and
(2) In private employment in comparable communities; and
(b) Consider, without limitation:
(1) The financial ability of the State to pay the costs associated with the proposed collective bargaining agreement, with due regard for the primary obligation of the State to safeguard the health, safety and welfare of the people of this State;
(2) The average prices paid by consumers for goods and services in geographic location where the employees work; and
(3) Such other factors as are normally or traditionally used as part of collective bargaining, mediation, arbitration or other methods of dispute resolution to determine the wages, hours and other terms and conditions of employment for employees in public or private employment.
4. The decision of the arbitrator is final and binding upon the parties.
Sec. 42. 1. Except as otherwise provided in this section, the Executive Department and the exclusive representative of a bargaining unit may engage in supplemental bargaining concerning any terms and conditions of employment which are peculiar to or which uniquely affect fewer than all the employees within the bargaining unit.
2. The Executive Department and an exclusive representative may engage in supplemental bargaining pursuant to subsection 1 for fewer than all the employees within two or more bargaining units that the exclusive representative represents if the requirements of subsection 1 are met for each such bargaining unit. Supplemental bargaining must be conducted in the manner prescribed by sections 15 to 44, inclusive, of this act.
3. If the parties reach a supplemental bargaining agreement pursuant to this section, the provisions of the supplemental bargaining agreement:
(a) Must be in writing; and
(b) Shall be deemed to be incorporated into the provisions of each collective bargaining agreement then in effect between the Executive Department and the employees who are subject to the supplemental bargaining agreement if the provisions of the supplemental bargaining agreement do not conflict with the provisions of the collective bargaining agreement.
4. If any provision of the supplemental bargaining agreement conflicts with any provision of the collective bargaining agreement, the provision of the supplemental bargaining agreement is void and the provision of the collective bargaining agreement must be given effect.
κ2019 Statutes of Nevada, Page 3741 (CHAPTER 590, SB 135)κ
5. The provisions of the supplemental bargaining agreement expire at the same time as the other provisions of the collective bargaining agreement into which they are incorporated.
6. The Executive Department and an exclusive representative may, during collective bargaining conducted pursuant to sections 15 to 44, inclusive, of this act, negotiate and include in a collective bargaining agreement any terms and conditions of employment that would otherwise be within the scope of supplemental bargaining conducted pursuant to this section.
Sec. 43. 1. Except as otherwise provided by specific statute, a labor organization and the Executive Department may sue or be sued as an entity pursuant to sections 15 to 44, inclusive, of this act.
2. If any action or proceeding is brought by or against a labor organization pursuant to sections 15 to 44, inclusive, of this act, the district court in and for the county in which the labor organization maintains its principal office or the county in which the claim arose has jurisdiction over the claim.
3. A natural person and his or her assets are not subject to liability for any judgment awarded pursuant to sections 15 to 44, inclusive, of this act against the Executive Department or a labor organization.
Sec. 44. The following proceedings, required by or conducted pursuant to this chapter, are not subject to any provision of NRS which requires a meeting to be open or public:
1. Any negotiation or informal discussion between the Executive Department and a labor organization or employees as individuals.
2. Any meeting of a mediator with either party or both parties to a negotiation.
3. Any meeting or investigation conducted by an arbitrator.
4. Deliberations of the Board toward a decision on a complaint, appeal or petition for declaratory relief.
Sec. 45. NRS 288.020 is hereby amended to read as follows:
288.020 As used in [this chapter,] NRS 288.140 to 288.220, inclusive, 288.270 and 288.280, unless the context otherwise requires, the words and terms defined in NRS 288.025 to 288.075, inclusive, have the meanings ascribed to them in those sections.
Sec. 46. NRS 288.080 is hereby amended to read as follows:
288.080 1. The [Local] Government Employee-Management Relations Board is hereby created, consisting of five members, broadly representative of the public and not closely allied with any employee organization [or] , any labor organization, the Executive Department or any local government employer . [, not]
2. Not more than three of [whom] the members of the Board may be members of the same political party, and at least three of [whom] the members must reside in southern Nevada. The term of office of each member is 4 years.
[2.] 3. The Governor shall appoint the members of the Board.
Sec. 47. (Deleted by amendment.)
Sec. 48. NRS 288.110 is hereby amended to read as follows:
288.110 1. The Board may make rules governing:
(a) Proceedings before it;
(b) Procedures for fact-finding;
κ2019 Statutes of Nevada, Page 3742 (CHAPTER 590, SB 135)κ
(c) The recognition , as defined in NRS 288.067, of employee organizations; [and]
(d) The designation of the exclusive representative of a bargaining unit in accordance with the provisions of sections 30, 31 and 32 of this act; and
(e) The determination of bargaining units.
2. The Board may hear and determine any complaint arising out of the interpretation of, or performance under, the provisions of this chapter by the Executive Department, any local government employer, any employee, as defined in section 19 of this act, any local government employee [or] , any employee organization [.] or any labor organization. Except as otherwise provided in this subsection and NRS 288.115 and 288.280, and section 27 of this act, the Board shall conduct a hearing within 180 days after it decides to hear a complaint. If a complaint alleges a violation of paragraph (e) of subsection 1 of NRS 288.270 , [or] paragraph (b) of subsection 2 of [that section,] NRS 288.270, paragraph (a) of subsection 1 of section 26 of this act or paragraph (b) of subsection 2 of section 26 of this act, the Board shall conduct a hearing not later than 45 days after it decides to hear the complaint, unless the parties agree to waive this requirement. The Board, after a hearing, if it finds that the complaint is well taken, may order any person or entity to refrain from the action complained of or to restore to the party aggrieved any benefit of which the party has been deprived by that action. Except when an expedited hearing is conducted pursuant to NRS 288.115, the Board shall issue its decision within 120 days after the hearing on the complaint is completed.
3. Any party aggrieved by the failure of any person to obey an order of the Board issued pursuant to subsection 2, or the Board at the request of such a party, may apply to a court of competent jurisdiction for a prohibitory or mandatory injunction to enforce the order.
4. The Board may not consider any complaint or appeal filed more than 6 months after the occurrence which is the subject of the complaint or appeal.
5. The Board may decide without a hearing a contested matter:
(a) In which all of the legal issues have been previously decided by the Board, if it adopts its previous decision or decisions as precedent; or
(b) Upon agreement of all the parties.
6. The Board may award reasonable costs, which may include attorneys fees, to the prevailing party.
7. As used in this section, bargaining unit has the meaning ascribed to it in NRS 288.028 or section 17 of this act.
Sec. 49. NRS 288.250 is hereby amended to read as follows:
288.250 1. If a strike is commenced or continued in violation of an order issued pursuant to NRS 288.240, the court may:
(a) Punish [the] each employee organization or [organizations] labor organization guilty of such violation by a fine of not more than $50,000 against each employee organization or labor organization for each day of continued violation.
(b) Punish any officer of an employee organization or labor organization who is wholly or partly responsible for such violation by a fine of not more than $1,000 for each day of continued violation, or by imprisonment as provided in NRS 22.110.
(c) Punish any employee of the State or of a local government employer who participates in such strike by ordering the dismissal or suspension of such employee.
κ2019 Statutes of Nevada, Page 3743 (CHAPTER 590, SB 135)κ
2. Any of the penalties enumerated in subsection 1 may be applied alternatively or cumulatively, in the discretion of the court.
Sec. 49.5. NRS 218D.175 is hereby amended to read as follows:
218D.175 1. [For] Except as otherwise provided in subsection 2, for a regular session, the Governor or the Governors designated representative may request the drafting of not more than 110 legislative measures which have been approved by the Governor or the Governors designated representative on behalf of the officers, agencies, boards, commissions, departments and other units of the Executive Department. The requests must be submitted to the Legislative Counsel on or before August 1 preceding the regular session.
2. The Governor or the Governors designated representative may request at any time before or during a regular session, without limitation, the drafting of as many legislative measures as are necessary to carry out the provisions of sections 15 to 44, inclusive, of this act.
3. The Director of the Office of Finance may request on or before the 19th day of a regular session, without limitation, the drafting of as many legislative measures as are necessary to implement the budget proposed by the Governor and to provide for the fiscal management of the State. In addition to the requests otherwise authorized pursuant to this section, the Governor may request the drafting of not more than 5 legislative measures on or before the 19th day of a regular session to propose the Governors legislative agenda.
[3.] 4. For a regular session, the following constitutional officers may request, without the approval of the Governor or the Governors designated representative, the drafting of not more than the following numbers of legislative measures, which must be submitted to the Legislative Counsel on or before September 1 preceding the regular session:
Lieutenant Governor..................................................................................... 3
Secretary of State........................................................................................... 6
State Treasurer............................................................................................... 5
State Controller.............................................................................................. 5
Attorney General......................................................................................... 20
[4.] 5. In addition to the requests authorized by subsection [3,] 4, the Secretary of State may request, without the approval of the Governor or the Governors designated representative, the drafting of not more than 2 legislative measures, which must be submitted to the Legislative Counsel on or before December 31 preceding the regular session.
[5.] 6. Each request made pursuant to this section must be on a form prescribed by the Legislative Counsel. The legislative measures requested pursuant to subsections 1 and [3] 4 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.
Sec. 50. NRS 241.016 is hereby amended to read as follows:
241.016 1. The meetings of a public body that are quasi-judicial in nature are subject to the provisions of this chapter.
2. The following are exempt from the requirements of this chapter:
κ2019 Statutes of Nevada, Page 3744 (CHAPTER 590, SB 135)κ
(a) The Legislature of the State of Nevada.
(b) Judicial proceedings, including, without limitation, proceedings before the Commission on Judicial Selection and, except as otherwise provided in NRS 1.4687, the Commission on Judicial Discipline.
(c) Meetings of the State Board of Parole Commissioners when acting to grant, deny, continue or revoke the parole of a prisoner or to establish or modify the terms of the parole of a prisoner.
3. Any provision of law, including, without limitation, NRS 91.270, 219A.210, 228.495, 239C.140, 281A.350, 281A.690, 281A.735, 281A.760, 284.3629, 286.150, 287.0415, 287.04345, 287.338, 288.220, 289.387, 295.121, 360.247, 388.261, 388A.495, 388C.150, 388G.710, 388G.730, 392.147, 392.467, 394.1699, 396.3295, 433.534, 435.610, 463.110, 622.320, 622.340, 630.311, 630.336, 631.3635, 639.050, 642.518, 642.557, 686B.170, 696B.550, 703.196 and 706.1725, and section 44 of this act, which:
(a) Provides that any meeting, hearing or other proceeding is not subject to the provisions of this chapter; or
(b) Otherwise authorizes or requires a closed meeting, hearing or proceeding,
Κ prevails over the general provisions of this chapter.
4. The exceptions provided to this chapter, and electronic communication, must not be used to circumvent the spirit or letter of this chapter to deliberate or act, outside of an open and public meeting, upon a matter over which the public body has supervision, control, jurisdiction or advisory powers.
Sec. 51. NRS 597.995 is hereby amended to read as follows:
597.995 1. Except as otherwise provided in subsection 3, an agreement which includes a provision which requires a person to submit to arbitration any dispute arising between the parties to the agreement must include specific authorization for the provision which indicates that the person has affirmatively agreed to the provision.
2. If an agreement includes a provision which requires a person to submit to arbitration any dispute arising between the parties to the agreement and the agreement fails to include the specific authorization required pursuant to subsection 1, the provision is void and unenforceable.
3. The provisions of this section do not apply to an agreement that is a collective bargaining agreement. As used in this subsection, collective bargaining has the meaning ascribed to it in [NRS 288.033.] section 8 of this act.
Sec. 52. (Deleted by amendment.)
Sec. 53. 1. As soon as practicable after the effective date of this act but not later than August 1, 2019, the Division of Human Resource Management in the Department of Administration shall submit to the Government Employee-Management Relations Board created by NRS 288.080, as amended by section 46 of this act, a recommendation for the establishment of bargaining units pursuant to section 29 of this act and for all job classifications within each bargaining unit.
2. Upon receipt of the recommendation submitted pursuant to subsection 1, the Board shall make the recommendation available to the public. Within 20 days after the recommendation is made available, any labor organization may file with the Board an objection to the report.
κ2019 Statutes of Nevada, Page 3745 (CHAPTER 590, SB 135)κ
3. At least 21 days after the receipt of the recommendation, the Board shall hold a hearing on the recommendation. Any labor organization that filed an objection pursuant to subsection 2 is entitled to be heard and present evidence at the hearing.
4. After the hearing conducted pursuant to subsection 3, the Board shall adopt regulations establishing bargaining units pursuant to section 29 of this act.
5. A labor organization must not be designated an exclusive representative until the Board has adopted regulations pursuant to subsection 4.
6. As used in this section:
(a) Bargaining unit has the meaning ascribed to it in section 17 of this act.
(b) Labor organization has the meaning ascribed to it in section 12 of this act.
Sec. 53.5. 1. Before November 1, 2020, a labor organization, as defined in section 12 of this act, that has not been designated an exclusive representative of a bargaining unit in accordance with sections 30, 31 and 32 of this act shall not file a complaint pursuant to section 27 of this act unless such complaint is related to the ability of the labor organization to be designated an exclusive representative.
2. As used in this section:
(a) Bargaining unit has the meaning ascribed to it in section 17 of this act.
(b) Exclusive representative has the meaning ascribed to it in section 20 of this act.
Sec. 54. NRS 288.030, 288.033, 288.034, 288.045, 288.063 and 288.070 are hereby repealed.
Sec. 55. This act becomes effective upon passage and approval.
________
Assembly Bill No. 456Committee on Commerce and Labor
CHAPTER 591
[Approved: June 12, 2019]
AN ACT relating to wages; increasing the minimum wage paid to employees in private employment in this State; revising provisions governing the administration and enforcement of the minimum wage provisions; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Section 16 of Article 15 of the Nevada Constitution requires private employers to pay a minimum wage of $5.15 per hour worked if the employer provides certain health benefits or $6.15 per hour worked if the employer does not provide such benefits. The Constitution also requires the minimum wage to be adjusted each year by the amount of any increase in the federal minimum wage over $5.15 per hour or, if greater, by the cumulative increase in the cost of living measured by the Consumer Price Index (CPI), except the CPI adjustment for any 1-year period may not be greater than 3 percent. (Nev. Const. Art. 15, § 16) Existing law requires the Labor Commissioner, in accordance with federal law, to establish by regulation the minimum wage that may be paid per hour to an employee in private employment in this State.
κ2019 Statutes of Nevada, Page 3746 (CHAPTER 591, AB 456)κ
this State. (NRS 608.250) The minimum wage in Nevada is currently $7.25 if the employer provides certain health benefits and $8.25 if the employer does not provide such benefits. Section 1.5 of this bill removes the requirement for the Labor Commissioner to adopt regulations and instead places the current minimum wage in the law and requires each employer to pay to each employee, beginning on July 1, 2020, a wage that is not less than: (1) $9 per hour worked, if the employer does not offer health benefits to the employee in the manner described in Section 16 of Article 15 of the Nevada Constitution; and (2) $8 per hour worked, if the employer offers health benefits to the employee in the manner described in Section 16 of Article 15 of the Nevada Constitution. Section 1.5 also provides that the minimum wage must be increased by 75 cents on July 1 of each year until 2024 when the minimum wage reaches: (1) $12 per hour worked, if the employer does not offer health benefits to the employee in the manner described in Section 16 of Article 15 of the Nevada Constitution; and (2) $11 per hour worked if the employer offers health benefits to the employee in the manner described in Section 16 of Article 15 of the Nevada Constitution. Section 1.5 also removes certain exceptions to the minimum wage requirement, which have been held to be unconstitutional by the Nevada Supreme Court. (Thomas v. Nev. Yellow Cab Corp., 130 Nev. 484 (2014)) Sections 1.3, 2.5 and 2.7 of this bill make conforming changes. Section 2.3 of this bill allows the Labor Commissioner to adopt any regulations necessary to administer and enforce the minimum wage laws.
Section 16 of Article 15 of the Nevada Constitution allows an employee claiming that he or she was paid less than the minimum wage required by that provision to bring a civil action against his or her employer. Under this constitutional provision, if the employee prevails in the civil action, the employee: (1) is entitled to all legal and equitable remedies appropriate to remedy the violation, including back pay, damages, reinstatement or injunctive relief; and (2) must be awarded reasonable attorneys fees and costs. (Nev. Const. Art. 15, § 16) Section 2 of this bill places in statute the language of the minimum wage provision of the Nevada Constitution: (1) authorizing an employee who prevails in a civil action to recover all legal or equitable remedies appropriate to remedy the violation, including back pay, damages, reinstatement or injunctive relief; and (2) requiring a court to award reasonable attorneys fees and costs to an employee who prevails in such a civil action. Section 3 of this bill makes this bill become effective on July 1, 2019.
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. 1.3. NRS 608.018 is hereby amended to read as follows:
608.018 1. An employer shall pay 1 1/2 times an employees regular wage rate whenever an employee who receives compensation for employment at a rate less than 1 1/2 times the minimum rate [prescribed pursuant to] set forth in NRS 608.250 works:
(a) More than 40 hours in any scheduled week of work; or
(b) More than 8 hours in any workday unless by mutual agreement the employee works a scheduled 10 hours per day for 4 calendar days within any scheduled week of work.
2. An employer shall pay 1 1/2 times an employees regular wage rate whenever an employee who receives compensation for employment at a rate not less than 1 1/2 times the minimum rate [prescribed pursuant to] set forth in NRS 608.250 works more than 40 hours in any scheduled week of work.
3. The provisions of subsections 1 and 2 do not apply to:
κ2019 Statutes of Nevada, Page 3747 (CHAPTER 591, AB 456)κ
(a) [Except as otherwise provided in paragraphs (o) and (p), employees] Employees who are not covered by the minimum wage provisions of [NRS 608.250;] Section 16 of Article 15 of the Nevada Constitution;
(b) Outside buyers;
(c) Employees in a retail or service business if their regular rate is more than 1 1/2 times the minimum wage, and more than half their compensation for a representative period comes from commissions on goods or services, with the representative period being, to the extent allowed pursuant to federal law, not less than 1 month;
(d) Employees who are employed in bona fide executive, administrative or professional capacities;
(e) Employees covered by collective bargaining agreements which provide otherwise for overtime;
(f) Drivers, drivers helpers, loaders and mechanics for motor carriers subject to the Motor Carrier Act of 1935, as amended;
(g) Employees of a railroad;
(h) Employees of a carrier by air;
(i) Drivers or drivers helpers making local deliveries and paid on a trip-rate basis or other delivery payment plan;
(j) Drivers of taxicabs or limousines;
(k) Agricultural employees;
(l) Employees of business enterprises having a gross sales volume of less than $250,000 per year;
(m) Any salesperson or mechanic primarily engaged in selling or servicing automobiles, trucks or farm equipment;
(n) A mechanic or worker for any hours to which the provisions of subsection 3 or 4 of NRS 338.020 apply;
(o) A domestic worker who resides in the household where he or she works if the domestic worker and his or her employer agree in writing to exempt the domestic worker from the requirements of subsections 1 and 2; and
(p) A domestic service employee who resides in the household where he or she works if the domestic service employee and his or her employer agree in writing to exempt the domestic service employee from the requirements of subsections 1 and 2.
4. As used in this section, domestic worker has the meaning ascribed to it in NRS 613.620.
Sec. 1.5. NRS 608.250 is hereby amended to read as follows:
608.250 1. [Except as otherwise provided in this section, the Labor Commissioner shall, in accordance with federal law, establish by regulation the minimum wage which may be paid to employees in private employment within the State. The Labor Commissioner shall prescribe increases in the minimum wage in accordance with those prescribed by federal law, unless the Labor Commissioner determines that those increases are contrary to the public interest.
2. The provisions of subsection 1 do not apply to:
(a) Casual babysitters.
(b) Domestic service employees who reside in the household where they work.
(c) Outside salespersons whose earnings are based on commissions.
κ2019 Statutes of Nevada, Page 3748 (CHAPTER 591, AB 456)κ
(d) Employees engaged in an agricultural pursuit for an employer who did not use more than 500 days of agricultural labor in any calendar quarter of the preceding calendar year.
(e) Taxicab and limousine drivers.
(f) Persons with severe disabilities whose disabilities have diminished their productive capacity in a specific job and who are specified in certificates issued by the Rehabilitation Division of the Department of Employment, Training and Rehabilitation.
3.] Each employer shall pay to each employee of the employer a wage of not less than:
(a) Beginning July 1, 2019:
(1) If the employer offers health benefits to the employee in the manner described in Section 16 of Article 15 of the Nevada Constitution, $7.25 per hour worked.
(2) If the employer does not offer health benefits to the employee in the manner described in Section 16 of Article 15 of the Nevada Constitution, $8.25 per hour worked.
(b) Beginning July 1, 2020:
(1) If the employer offers health benefits to the employee in the manner described in Section 16 of Article 15 of the Nevada Constitution, $8.00 per hour worked.
(2) If the employer does not offer health benefits to the employee in the manner described in Section 16 of Article 15 of the Nevada Constitution, $9.00 per hour worked.
(c) Beginning July 1, 2021:
(1) If the employer offers health benefits to the employee in the manner described in Section 16 of Article 15 of the Nevada Constitution, $8.75 per hour worked.
(2) If the employer does not offer health benefits to the employee in the manner described in Section 16 of Article 15 of the Nevada Constitution, $9.75 per hour worked.
(d) Beginning July 1, 2022:
(1) If the employer offers health benefits to the employee in the manner described in Section 16 of Article 15 of the Nevada Constitution, $9.50 per hour worked.
(2) If the employer does not offer health benefits to the employee in the manner described in Section 16 of Article 15 of the Nevada Constitution, $10.50 per hour worked.
(e) Beginning July 1, 2023:
(1) If the employer offers health benefits to the employee in the manner described in Section 16 of Article 15 of the Nevada Constitution, $10.25 per hour worked.
(2) If the employer does not offer health benefits to the employee in the manner described in Section 16 of Article 15 of the Nevada Constitution, $11.25 per hour worked.
(f) Beginning July 1, 2024:
(1) If the employer offers health benefits to the employee in the manner described in Section 16 of Article 15 of the Nevada Constitution, $11.00 per hour worked.
(2) If the employer does not offer health benefits to the employee in the manner described in Section 16 of Article 15 of the Nevada Constitution, $12.00 per hour worked.
κ2019 Statutes of Nevada, Page 3749 (CHAPTER 591, AB 456)κ
2. It is unlawful for any person to employ, cause to be employed or permit to be employed, or to contract with, cause to be contracted with or permit to be contracted with, any person for a wage less than that established by [the Labor Commissioner pursuant to the provisions of] this section.
Sec. 2. NRS 608.260 is hereby amended to read as follows:
608.260 1. If any employer pays any employee a lesser amount than the minimum wage [prescribed by regulation of the Labor Commissioner pursuant to the provisions of] set forth in NRS 608.250, the employee may, at any time within 2 years, bring a civil action [to recover the difference between the amount paid to the employee and the amount of the minimum wage.] against the employer. A contract between the employer and the employee or any acceptance of a lesser wage by the employee is not a bar to the action.
2. If the employee prevails in a civil action brought pursuant to subsection 1:
(a) The employee is entitled to all remedies available under the law or in equity appropriate to remedy the violation by the employer which may include, without limitation, back pay, damages, reinstatement or injunctive relief; and
(b) The court must award the employee reasonable attorneys fees and costs.
Sec. 2.3. NRS 608.270 is hereby amended to read as follows:
608.270 1. The Labor Commissioner shall:
(a) Administer and enforce the provisions of NRS 608.250; [and]
(b) Adopt any regulations necessary to carry out the duties set forth in paragraph (a); and
(c) Furnish the district attorney of any county or the Attorney General all data and information concerning violations of the provisions of NRS 608.250, occurring in the county coming to the attention of the Labor Commissioner.
2. Each district attorney shall, if a complaint is made to him or her by the Labor Commissioner or by any aggrieved person, prosecute each violation of the provisions of NRS 608.250 that occurs in the district attorneys county. If any such district attorney fails, neglects or refuses for 20 days to commence a prosecution for a violation of the provisions of NRS 608.250, after being furnished data and information concerning the violation, and diligently to prosecute the same to conclusion, the district attorney is guilty of a misdemeanor, and in addition thereto must be removed from office.
Sec. 2.5. NRS 435.220 is hereby amended to read as follows:
435.220 1. The Administrator shall adopt regulations governing jobs and day training services, including, without limitation, regulations that set forth:
(a) Standards for the provision of quality care and training by providers of jobs and day training services;
(b) The requirements for the issuance and renewal of a certificate; and
(c) The rights of consumers of jobs and day training services, including, without limitation, the right of a consumer to file a complaint and the procedure for filing the complaint.
2. The Division may enter into such agreements with public and private agencies as it deems necessary for the provision of jobs and day training services.
κ2019 Statutes of Nevada, Page 3750 (CHAPTER 591, AB 456)κ
services. Any such agreements must include a provision stating that employment is the preferred service option for all adults of working age.
3. For the purpose of entering into an agreement described in subsection 2, if the qualifications of more than one agency are equal, the Division shall give preference to the agency that will provide persons with intellectual disabilities or persons with developmental disabilities with training and experience that demonstrates a progression of measurable skills that is likely to lead to competitive employment outcomes that provide employment that:
(a) Is comparable to employment of persons without intellectual disabilities or persons without developmental disabilities; and
(b) Pays at or above the minimum wage [prescribed by regulation of the Labor Commissioner pursuant to] set forth in NRS 608.250.
Sec. 2.7. NRS 435.225 is hereby amended to read as follows:
435.225 1. A partnership, firm, corporation or association, including, without limitation, a nonprofit organization, or a state or local government or agency thereof shall not provide jobs and day training services in this State without first obtaining a certificate from the Division.
2. A natural person other than a person who is employed by an entity listed in subsection 1 shall not provide jobs and day training services in this State without first obtaining a certificate from the Division.
3. For the purpose of issuing a certificate pursuant to this section, if the qualifications of more than one applicant are equal, the Division shall give preference to the natural person who, or the nonprofit organization, state or local government or agency thereof that, will provide persons with intellectual disabilities or persons with developmental disabilities with training and experience that demonstrates a progression of measurable skills that is likely to lead to competitive employment outcomes that provide employment that:
(a) Is comparable to employment of persons without intellectual disabilities or persons without developmental disabilities; and
(b) Pays at or above the minimum wage [prescribed by regulation of the Labor Commissioner pursuant to] set forth in NRS 608.250.
4. Each application for the issuance or renewal of a certificate issued pursuant to this section must include a provision stating that employment is the preferred service option for all adults of working age.
Sec. 3. This act becomes effective on July 1, 2019.
________
κ2019 Statutes of Nevada, Page 3751κ
Senate Bill No. 312Senators Woodhouse, Cannizzaro, Ratti, Parks, Ohrenschall; Brooks, Cancela, Dondero Loop, D. Harris and Scheible
CHAPTER 592
[Approved: June 12, 2019]
AN ACT relating to employment; requiring an employer in private employment to provide paid leave to each employee of the employer under certain circumstances; providing certain exceptions; providing a penalty; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires employers in private employment to pay employees certain minimum compensation and to provide certain benefits, including overtime compensation and meal and rest breaks. (NRS 608.018, 608.019, 608.250) Section 1 of this bill requires such an employer who has 50 or more employees in this State, at a minimum, to provide employees 0.01923 hours of paid leave for each hour worked that may be used by an employee beginning on the 90th calendar day of employment. Section 1 provides that an employee may use paid leave available for use by that employee without providing a reason to his or her employer for such use. Section 1 requires an employee to, as soon as practicable, give notice to his or her employer to use the paid leave available for use by that employee.
Section 1 also provides that an employer may: (1) limit the use of the paid leave to 40 hours per benefit year; (2) limit the amount of paid leave that an employee may carry over to another benefit year to a maximum of 40 hours per benefit year; and (3) set a minimum increment that an employee may use the accrued leave at any one time, not to exceed 4 hours. Section 1 additionally requires an employer to maintain records of the receipt or accrual and use of paid leave for each employee for a 1-year period and to make those records available for inspection by the Labor Commissioner. Section 1 requires the Labor Commissioner to prepare a bulletin setting forth these benefits and requires employers to post the bulletin in the workplace. Section 1 provides an exception for: (1) employers who provide at least an equivalent amount of paid leave or paid time off that may be used for the same purposes and under the same conditions as required by section 1; and (2) temporary, seasonal and on-call employees. Section 1 additionally provides that for the first 2 years of operation, an employer defined in section 1 is not required to comply with the requirements of section 1.
Existing law requires: (1) the Labor Commissioner or his or her representative to enforce the provisions governing the payment and collection of wages and other benefits; and (2) certain entities to prosecute an action for enforcement upon receiving notice from the Labor Commissioner or his or her representative. (NRS 608.180) Section 2 of this bill requires the Labor Commissioner to enforce the provisions of section 1.
Existing law provides that any person who violates the provisions governing the payment and collection of wages and other benefits is guilty of a misdemeanor. Existing law additionally authorizes the Labor Commissioner to impose against the person an administrative penalty of not more than $5,000 for each such violation. (NRS 608.195) Section 3 of this bill makes a violation of the provisions of section 1 a misdemeanor and authorizes the Commissioner to impose, in addition to any other remedy or penalty, an administrative penalty of not more than $5,000 for each violation.
κ2019 Statutes of Nevada, Page 3752 (CHAPTER 592, SB 312)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 608 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in this section, every employer in private employment shall provide paid leave to each employee of the employer as follows:
(a) An employee is entitled to at least 0.01923 hours of paid leave for each hour of work performed.
(b) An employee may, as determined by the employer, obtain paid leave by:
(1) Receiving on the first day of each benefit year the total number of hours of paid leave that the employee is entitled to accrue in a benefit year pursuant to paragraph (a); or
(2) Accruing over the course of a benefit year the total number of hours of paid leave that the employee is entitled to accrue in a benefit year pursuant to paragraph (a).
(c) Paid leave accrued pursuant to subparagraph (2) of paragraph (b) may carry over for each employee between his or her benefit years of employment, except an employer may limit the amount of paid leave for each employee carried over to a maximum of 40 hours per benefit year.
(d) Except as otherwise provided in paragraph (i), an employer shall:
(1) Compensate an employee for the paid leave available for use by that employee at the rate of pay at which the employee is compensated at the time such leave is taken, as calculated pursuant to paragraph (e); and
(2) Pay such compensation on the same payday as the hours taken are normally paid.
(e) For the purposes of determining the rate of pay at which an employee is compensated pursuant to paragraph (d), the compensation rate for an employee who is paid by:
(1) Salary, commission, piece rate or a method other than hourly wage must:
(I) Be calculated by dividing the total wages of the employee paid for the immediately preceding 90 days by the number of hours worked during that period;
(II) Except as otherwise provided in sub-subparagraph (III), include any bonuses agreed upon and earned by the employee; and
(III) Not include any bonuses awarded at the sole discretion of the employer, overtime pay, additional pay for performing hazardous duties, holiday pay or tips earned by the employee.
(2) Hourly wage must be calculated by the hourly rate the employee is paid by the employer.
(f) An employer may limit the amount of paid leave an employee uses to 40 hours per benefit year.
(g) An employer may set a minimum increment of paid leave, not to exceed 4 hours, that an employee may use at any one time.
κ2019 Statutes of Nevada, Page 3753 (CHAPTER 592, SB 312)κ
(h) An employer shall provide to each employee on each payday an accounting of the hours of paid leave available for use by that employee. An employer may use the system that the employer uses to pay its employees to provide the accounting of the hours of paid leave available for use by the employee.
(i) An employer may, but is not required to, compensate an employee for any unused paid leave available for use by that employee upon separation from employment, except if the employee is rehired by the employer within 90 days after separation from that employer and the separation from employment was not due to the employee voluntarily leaving his or her employment, any previously unused paid leave hours available for use by that employee must be reinstated.
2. An employee in private employment may use paid leave available for use by that employee as follows:
(a) An employer shall allow an employee to use paid leave beginning on the 90th calendar day of his or her employment.
(b) An employee may use paid leave available for use by that employee without providing a reason to his or her employer for such use.
(c) An employee shall, as soon as practicable, give notice to his or her employer to use the paid leave available for use by that employee.
3. An employer shall not:
(a) Deny an employee the right to use paid leave available for use by that employee in accordance with the conditions of this section;
(b) Require an employee to find a replacement worker as a condition of using paid leave available for use by that employee; or
(c) Retaliate against an employee for using paid leave available for use by that employee.
4. The Labor Commissioner shall prepare a bulletin which clearly sets forth the benefits created by this section. The Labor Commissioner shall post the bulletin on the Internet website maintained by the Office of Labor Commissioner, if any, and shall require all employers to post the bulletin in a conspicuous location in each workplace maintained by the employer. The bulletin may be included in any printed abstract posted by the employer pursuant to NRS 608.013.
5. An employer shall maintain a record of the receipt or accrual and use of paid leave pursuant to this section for each employee for a 1-year period following the entry of such information in the record and, upon request, shall make those records available for inspection by the Labor Commissioner.
6. The provisions of this section do not:
(a) Limit or abridge any other rights, remedies or procedures available under the law.
(b) Negate any other rights, remedies or procedures available to an aggrieved party.
(c) Prohibit, preempt or discourage any contract or other agreement that provides a more generous paid leave benefit or paid time off benefit.
7. For the first 2 years of operation, an employer is not required to comply with the provisions of this section.
8. This section does not apply to:
κ2019 Statutes of Nevada, Page 3754 (CHAPTER 592, SB 312)κ
(a) An employer who, pursuant to a contract, policy, collective bargaining agreement or other agreement, provides employees with a policy for paid leave or a policy for paid time off to all scheduled employees at a rate of at least 0.01923 hours of paid leave per hour of work performed; and
(b) Temporary, seasonal or on-call employees.
9. As used in this section:
(a) Benefit year means a 365-day period used by an employer when calculating the accrual of paid leave.
(b) Employer means a private employer who has 50 or more employees in private employment in this State.
Sec. 2. NRS 608.180 is hereby amended to read as follows:
608.180 The Labor Commissioner or the representative of the Labor Commissioner shall cause the provisions of NRS 608.005 to 608.195, inclusive, and section 1 of this act and 608.215 to be enforced, and upon notice from the Labor Commissioner or the representative:
1. The district attorney of any county in which a violation of those sections has occurred;
2. The Deputy Labor Commissioner, as provided in NRS 607.050;
3. The Attorney General, as provided in NRS 607.160 or 607.220; or
4. The special counsel, as provided in NRS 607.065,
Κ shall prosecute the action for enforcement according to law.
Sec. 3. NRS 608.195 is hereby amended to read as follows:
608.195 1. Except as otherwise provided in NRS 608.0165, any person who violates any provision of NRS 608.005 to 608.195, inclusive, and section 1 of this act or 608.215, or any regulation adopted pursuant thereto, is guilty of a misdemeanor.
2. In addition to any other remedy or penalty, the Labor Commissioner may impose against the person an administrative penalty of not more than $5,000 for each such violation.
Sec. 4. This act becomes effective:
1. Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks necessary to carry out the provisions of this act; and
2. On January 1, 2020, for all other purposes.
________
κ2019 Statutes of Nevada, Page 3755κ
Senate Bill No. 166Senators Spearman, Cannizzaro, Ohrenschall, Parks; Cancela, Denis, Dondero Loop, D. Harris, Scheible and Woodhouse
CHAPTER 593
[Approved: June 12, 2019]
AN ACT relating to employment; requiring certain penalties and fines imposed by the Nevada Equal Rights Commission for certain unlawful discriminatory practices to be deposited in the State General Fund; revising provisions governing the filing of complaints of employment discrimination with the Nevada Equal Rights Commission; revising provisions relating to unlawful employment practices; revising the relief that the Commission may order if it determines that an unlawful employment practice has occurred; revising provisions relating to the time in which a person may seek relief in district court for a claim of unlawful employment practices; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law prohibits an employer, employment agency, labor organization or joint labor-management committee from discriminating against any person with respect to employment or membership, as applicable, on the basis of race, color, religion, sex, sexual orientation, gender identity or expression, age, disability or national origination. (NRS 613.330) Existing law also requires the Nevada Equal Rights Commission to accept certain complaints alleging unlawful discriminatory practices and, if the Commission determines that an unlawful practice has occurred, order: (1) the person engaging in the practice to cease and desist; and (2) for a case involving an unlawful employment practice, the restoration of all benefits and rights to which the aggrieved person is entitled. (NRS 233.157, 233.160, 233.170)
Existing federal law provides that an unlawful employment practice with respect to discrimination in compensation occurs when: (1) a discriminatory compensation decision or other practice is adopted; (2) an individual becomes subject to a discriminatory compensation decision or other practice; or (3) an individual is affected by application of a discriminatory compensation decision or other practice. (42 U.S.C. § 2000e-5(e)(3)(A)) Section 2 of this bill generally revises provisions governing the filing of complaints alleging a practice of unlawful discrimination in compensation to require that the complaint be filed within 300 days after the date on which the unlawful discrimination occurs pursuant to federal law, as it currently exists. If federal law is amended to provide greater protections for employees, section 2 requires such a complaint to be filed within 300 days after the date on which the unlawful discrimination occurs pursuant to federal law, as amended. Section 2 also requires the Commission to notify each party to a complaint of the period of time that a person may apply to a district court for relief. Section 3 of this bill revises the powers of the Commission to order remedies for unlawful employment practices. Section 3 authorizes the Commission to: (1) award back pay for a period beginning 2 years before the date of the filing of a complaint regarding an unlawful employment practice and ending on the date the Commission issues an order regarding the complaint; (2) order payment of lost wages or other economic damages in cases involving an unlawful employment practice relating to discrimination on the basis of sex; and (3) under certain circumstances, order a civil penalty, in increasing amounts, for an unlawful employment practice that it determines is willful based on the number of such practices the person has committed in the previous 5 years.
κ2019 Statutes of Nevada, Page 3756 (CHAPTER 593, SB 166)κ
Section 1 of this bill requires that any penalty or fine imposed by the Commission for certain unlawful discriminatory practices and for willful interference with the performance of duties by the Commission be deposited in the State General Fund and authorizes the Commission to present a claim for recommendation to the Interim Finance Committee if money is required to pay certain costs.
Section 8 of this bill requires the Commission, if it does not conclude that an unfair employment practice has occurred, to issue a letter to the person who filed the complaint concerning an unfair employment practice. This letter must notify the person of his or her right to apply to the district court for an order relating to the alleged unfair employment practice and any potential punitive damages owed to the person. Section 9 of this bill provides that a person may apply to a district court for relief pursuant to section 8 up to 90 days after the date of issuance of the letter described in section 8.
Existing law prohibits an employer, employment organization or labor organization from discriminating against certain persons because the persons have inquired about, discussed or voluntarily disclosed his or her wages or the wages of another such person. (NRS 613.330) Section 7 of this bill expressly includes references to the provisions providing such protections for the purpose of specifying who may file a complaint.
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 233 of NRS is hereby amended by adding thereto a new section to read as follows:
1. All penalties and fines imposed by the Commission pursuant to NRS 233.170 and 233.210 must be deposited with the State Treasurer for credit to the State General Fund.
2. If the money collected from the imposition of any penalty and fine is deposited in the State General Fund pursuant to subsection 1, the Commission may present a claim to the State Board of Examiners for recommendation to the Interim Finance Committee if money is required to pay attorneys fees or the costs of an investigation, or both.
Sec. 2. NRS 233.160 is hereby amended to read as follows:
233.160 1. A complaint which alleges unlawful discriminatory practices in:
(a) Housing must be filed with the Commission not later than 1 year after the date of the occurrence of the alleged practice or the date on which the practice terminated.
(b) Employment or public accommodations must be filed with the Commission not later than 300 days after the date of the occurrence of the alleged practice.
Κ A complaint is timely if it is filed with an appropriate federal agency within that period. A complainant shall not file a complaint with the Commission if any other state or federal administrative body or officer which has comparable jurisdiction to adjudicate complaints of discriminatory practices has made a decision upon a complaint based upon the same facts and legal theory.
2. The complainant shall specify in the complaint the alleged unlawful practice and sign it under oath.
3. The Commission shall send to the party against whom an unlawful discriminatory practice is alleged:
κ2019 Statutes of Nevada, Page 3757 (CHAPTER 593, SB 166)κ
(a) A copy of the complaint;
(b) An explanation of the rights which are available to that party; and
(c) A copy of the Commissions procedures.
4. The Commission shall notify each party to the complaint of the limitation on the period of time during which a person may apply to the district court for relief pursuant to NRS 613.430.
5. For the purposes of paragraph (b) of subsection 1, an unlawful discriminatory practice in employment which relates to compensation occurs on:
(a) Except as otherwise provided in paragraph (b), the date prescribed by 42 U.S.C. § 2000e-5(e)(3)(A), as it existed on January 1, 2019.
(b) If 42 U.S.C. § 2000e-5(e)(3)(A) is amended and the Commissioner determines by regulation that the section, as amended, provides greater protection for employees than the section as it existed on January 1, 2019, the date prescribed by 42 U.S.C. § 2000e-5(e)(3)(A), as amended.
Sec. 3. NRS 233.170 is hereby amended to read as follows:
233.170 1. When a complaint is filed whose allegations if true would support a finding of unlawful practice, the Commission shall determine whether to hold an informal meeting to attempt a settlement of the dispute in accordance with the regulations adopted pursuant to NRS 233.157. If the Commission determines to hold an informal meeting, the Administrator may, to prepare for the meeting, request from each party any information which is reasonably relevant to the complaint. No further action may be taken if the parties agree to a settlement.
2. If an agreement is not reached at the informal meeting, the Administrator shall determine whether to conduct an investigation into the alleged unlawful practice in accordance with the regulations adopted pursuant to NRS 233.157. After the investigation, if the Administrator determines that an unlawful practice has occurred, the Administrator shall attempt to mediate between or reconcile the parties. The party against whom a complaint was filed may agree to cease the unlawful practice. If an agreement is reached, no further action may be taken by the complainant or by the Commission.
3. If the attempts at mediation or conciliation fail, the Commission may hold a public hearing on the matter. After the hearing, if the Commission determines that an unlawful practice has occurred, it may:
(a) Serve a copy of its findings of fact within 10 calendar days upon any person found to have engaged in the unlawful practice; and
(b) Order the person to:
(1) Cease and desist from the unlawful practice. The order must include, without limitation, the corrective action the person must take.
(2) In cases involving an unlawful employment practice, restore all benefits and rights to which the aggrieved person is entitled, including, but not limited to, rehiring, back pay for a period [not to exceed 2 years after the date of the most recent unlawful practice,] described in subsection 4, annual leave time, sick leave time or pay, other fringe benefits and seniority, with interest thereon from the date of the Commissions decision at 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 the Commissions decision, plus 2 percent. The rate of interest must be adjusted accordingly on each January 1 and July 1 thereafter until the judgment is satisfied.
κ2019 Statutes of Nevada, Page 3758 (CHAPTER 593, SB 166)κ
(3) In cases involving an unlawful employment practice relating to discrimination on the basis of sex, pay an amount determined to be appropriate by the Commission for lost wages that would have been earned in the absence of discrimination or other economic damages resulting from the discrimination, including, without limitation, lost payment for overtime, shift differential, cost of living adjustments, merit increases or promotions, or other fringe benefits.
(4) In cases involving an unlawful employment practice committed by an employer with 50 or more employees that the Commission determines was willful, pay a civil penalty of:
(I) For the first unlawful employment practice that the person has engaged in during the immediately preceding 5 years which the Commission determines was willful, not more than $5,000.
(II) For the second unlawful employment practice that the person has engaged in during the immediately preceding 5 years which the Commission determines was willful, not more than $10,000.
(III) For the third and any subsequent unlawful employment practice that the person has engaged in during the immediately preceding 5 years which the Commission determines was willful, not more than $15,000.
4. For the purposes of subparagraph (2) of paragraph (b) of subsection 3, the period for back pay must not exceed a period beginning 2 years before the date on which the complaint was filed and ending on the date the Commission issues an order pursuant to paragraph (b) of subsection 3.
5. Before imposing a civil penalty pursuant to subparagraph (4) of paragraph (b) of subsection 3, the Commission must allow the person found to have willfully engaged in an unlawful employment practice 30 days to take corrective action from the date of service of the order pursuant to paragraph (a) of subsection 3. If the person takes such corrective action, the Commission shall not impose the civil penalty.
6. The order of the Commission is a final decision in a contested case for the purpose of judicial review. If the person fails to comply with the Commissions order, the Commission shall apply to the district court for an order compelling such compliance, but failure or delay on the part of the Commission does not prejudice the right of an aggrieved party to judicial review. The court shall issue the order unless it finds that the Commissions findings or order are not supported by substantial evidence or are otherwise arbitrary or capricious. If the court upholds the Commissions order and finds that the person has violated the order by failing to cease and desist from the unlawful practice or to make the payment ordered, the court shall award the aggrieved party actual damages for any economic loss and no more.
[5.] 7. After the Commission has held a public hearing and rendered a decision, the complainant is barred from proceeding on the same facts and legal theory before any other administrative body or officer.
8. For the purposes of this section, an unlawful employment practice shall be deemed to be willful if a person engages in the practice with knowledge that it is unlawful or with reckless indifference to whether it is lawful or unlawful.
Secs. 4-6. (Deleted by amendment.)
κ2019 Statutes of Nevada, Page 3759 (CHAPTER 593, SB 166)κ
Sec. 7. NRS 613.405 is hereby amended to read as follows:
613.405 1. Except as otherwise provided in subsection 2, any person injured by an unlawful employment practice within the scope of NRS 613.310 to 613.4383, inclusive, may file a complaint to that effect with the Nevada Equal Rights Commission if the complaint is based on discrimination because of race, color, sex, sexual orientation, gender identity or expression, age, disability, religion or national origin.
2. Any person injured by an unlawful employment practice within the scope of paragraph (c) of subsection 1, paragraph (c) of subsection 2, paragraph (c) of subsection 3, subsection 7 or subsection 8 of NRS 613.330 may file a complaint to that effect with the Nevada Equal Rights Commission regardless of whether the complaint is based on discrimination because of race, color, sex, sexual orientation, gender identity or expression, age, disability, religion or national origin.
3. Any person injured by an unlawful employment practice within the scope of NRS 613.4353 to 613.4383, inclusive, may file a complaint to that effect with the Nevada Equal Rights Commission if the complaint is based on an employers failure to comply with the provisions of NRS 613.4353 to 613.4383, inclusive.
Sec. 8. NRS 613.420 is hereby amended to read as follows:
613.420 If the Nevada Equal Rights Commission does not conclude that an unfair employment practice within the scope of NRS 613.310 to 613.4383, inclusive, has occurred [, any] :
1. Any person alleging such a practice may apply to the district court for an order granting or restoring to that person the rights to which the person is entitled under those sections [.] ; and
2. The Commission shall issue a letter to the person who filed the complaint pursuant to NRS 613.405 notifying the person of his or her rights pursuant to subsection 1.
Sec. 9. NRS 613.430 is hereby amended to read as follows:
613.430 No action authorized by NRS 613.420 may be brought more than 180 days after the date of the act complained of [.] or more than 90 days after the date of the issuance of the letter described in subsection 2 of NRS 613.420, whichever is later. When a complaint is filed with the Nevada Equal Rights Commission the limitation provided by this section is tolled as to any action authorized by NRS 613.420 during the pendency of the complaint before the Commission.
Sec. 10. This act becomes effective:
1. 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
2. On January 1, 2020, for all other purposes.
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κ2019 Statutes of Nevada, Page 3760κ
Senate Bill No. 448Committee on Revenue and Economic Development
CHAPTER 594
[Approved: June 12, 2019]
AN ACT relating to taxation; providing for the issuance of transferable tax credits to a project for the acquisition, development, construction, improvement, expansion, reconstruction or rehabilitation of low-income housing; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing federal law establishes a federal income tax credit in an amount equal to a certain percentage of the costs of constructing a low-income housing project. Under existing federal law, to be eligible for this credit, a project is required to meet certain criteria and be a residential rental project for which: (1) 20 percent or more of the residential units in the project are restricted in the amount of rent charged to occupants of the units and occupied by individuals whose income is 50 percent or less of the median gross income for the area in which the project is located; or (2) 40 percent or more of the residential units in the project are restricted in the amount of rent charged to occupants of the unit and occupied by individuals whose income is 60 percent or less of the median gross income for the area in which the project is located. (26 U.S.C. § 42) Existing state law and regulations: (1) designate the Housing Division of the Department of Business and Industry as the state agency that allocates and distributes the federal low-income housing tax credit; (2) require the Housing Division to develop and publish a qualified allocation plan that sets forth the priorities of this State for the allocation of federal low-income housing tax credits and the criteria for selecting applicants to receive an allocation of federal low-income housing tax credits; and (3) require the Housing Division to allocate and distribute federal low-income housing tax credits to applicants who comply with the qualified allocation plan and qualify to receive such credits in accordance with the plan. (NRS 319.145; NAC 319.951-319.998)
This bill authorizes the Housing Division of the Department of Business and Industry to issue transferable tax credits that are authorized to be taken against certain state taxes to the sponsor of a project for the acquisition, development, construction, improvement, expansion, reconstruction or rehabilitation of low-income housing, as defined by existing federal law. Section 9 of this bill authorizes the sponsor of such a project to apply on behalf of the project for the issuance of transferable tax credits. Section 9 further authorizes the Housing Division to approve such an application if the project sponsor complies with the requirements of the qualified allocation plan for the allocation and distribution of federal low-income housing tax credits and a declaration setting forth the applicable restrictions on the rent charged to occupy a unit in the project and other conditions for the issuance of transferable tax credits has been recorded in the office of the county recorder of the county in which the project is located. Under section 9, the transferable tax credits are awarded based on the amount of transferable tax credit threshold points awarded to a project and in accordance with the procedure set forth in the qualified allocation plan. The transferable tax credits authorized by section 9 may be applied to: (1) the excise tax on banks and payroll taxes imposed by chapters 363A and 363B of NRS; (2) the gaming license fees imposed by the provisions of NRS 463.370; (3) the general tax on insurance premiums imposed by chapter 680B of NRS; or (4) any combination of such taxes and fees.
Section 10 of this bill limits to $10,000,000 the amount of transferable tax credits which the Housing Division is authorized to approve in each fiscal year and prohibits the Housing Division from approving applications and issuing transferable tax credits for any fiscal year beginning on or after July 1, 2023.
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for any fiscal year beginning on or after July 1, 2023. Section 10 also provides that if the Housing Division determines that approval of an application that would cause the amount of transferable tax credits issued by the Housing Division in a fiscal year is necessary to ensure the maximum development of affordable housing in this State through the issuance of transferable tax credits, the Housing Division is authorized to approve the application unless approval of the application would cause the amount of transferable tax credits approved for the fiscal year to exceed $13,000,000. If the Housing Division approves more than $10,000,000 of transferable tax credits in a fiscal year, the Housing Division is required to reduce the amount of transferable tax credits authorized to be approved in the next fiscal year by the amount of transferable tax credits approved in excess of $10,000,000 in the previous fiscal year. Under section 10, if less than $10,000,000 of transferable tax credits are approved in any fiscal year, the remaining amount of transferable tax credits carries forward to any fiscal year ending on or before June 30, 2023.
Section 11 of this bill requires the project sponsor to repay any portion of transferable tax credits to which the project sponsor is not entitled if the Housing Division determines that the project sponsor becomes ineligible for the credits or is found to have violated a restriction or condition set forth in the declaration of restrictive covenants and conditions recorded for the project. Section 12 of this bill requires the Housing Division to make and submit reports to the Legislature concerning transferable tax credits provided to a project pursuant to this bill.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 360 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 12, inclusive, of this act.
Sec. 2. As used in sections 2 to 12, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 8, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 3. Declaration of restrictive covenants and conditions means an agreement between the Division and a project sponsor that sets forth the applicable restrictions concerning rent for a project and any other conditions upon which transferable tax credits are issued to the project sponsor by the Division pursuant to sections 2 to 12, inclusive, of this act.
Sec. 4. Division means the Housing Division of the Department of Business and Industry.
Sec. 5. Federal low-income housing tax credit means the credit or reduction in liability for federal income taxes that is awarded pursuant to 26 U.S.C. § 42.
Sec. 6. Project means a project for the acquisition, development, construction, improvement, expansion, reconstruction or rehabilitation of a qualified low-income housing project, as defined in 26 U.S.C. § 42(g), located in this State.
Sec. 7. Project sponsor means a person who acquires an ownership interest in a project and is designated by the participants in the project to apply for a certificate of eligibility for transferable tax credits pursuant to section 9 of this act.
Sec. 8. Qualified allocation plan means the plan established by the Division pursuant to NRS 319.145 for allocating federal low-income housing tax credits.
κ2019 Statutes of Nevada, Page 3762 (CHAPTER 594, SB 448)κ
Sec. 9. 1. On behalf of a project, the project sponsor may apply to the Division for a certificate of eligibility for transferable tax credits which may be applied to:
(a) Any tax imposed by chapter 363A or 363B of NRS;
(b) The gaming license fees imposed by the provisions of NRS 463.370;
(c) Any tax imposed by chapter 680B of NRS; or
(d) Any combination of the fees and taxes described in paragraphs (a), (b) and (c).
2. To apply for a certificate of eligibility for transferable tax credits, the project sponsor must:
(a) Submit an application on a form prescribed by the Division; and
(b) Comply with the requirements to obtain an allocation of federal low-income housing tax credits which are set forth in the qualified allocation plan.
3. The Division shall:
(a) Review each application for a certificate of eligibility for transferable tax credits submitted pursuant to subsection 2 and any supporting documents to determine whether the requirements for eligibility for a reservation of transferable tax credits are met and the amount of transferable tax credit threshold points awarded to the project;
(b) Determine the amount of transferable tax credits for which the project may be eligible, which amount must equal the amount determined by the Division to be necessary to make the project financially feasible after considering all other sources of financing for the project; and
(c) Reserve the amount of transferable tax credits for which each project is determined to be eligible pursuant to paragraph (b) in the order of the amount of transferable tax credit threshold points awarded to each such project pursuant to paragraph (a) until a reservation is made for each project or the amount of transferable credits reserved for the fiscal year is equal to the amount of transferable tax credits which the Division is authorized to approve for the fiscal year pursuant to section 10 of this act, whichever occurs first. If the amount of transferable tax credits reserved for the fiscal year reaches the amount of transferable tax credits which the Division is authorized to approve for the fiscal year pursuant to section 10 of this act before each eligible project is reserved the full amount of transferable tax credits for which it is determined to be eligible pursuant to paragraph (b), the Division may take any action that the Division determines will ensure the maximum development of affordable housing in this State, including, without limitation, proportionally reducing the reservation of each project for which transferable tax credits are reserved or reserving for the last project to receive a reservation of transferable tax credits an amount of transferable tax credits that is less than the full amount of transferable tax credits for which the project was determined to be eligible pursuant to paragraph (b).
4. If the Division reserves transferable tax credits for a project pursuant to subsection 3, the Division shall provide written notice of the reservation which identifies the amount of the tax credits reserved for the project to:
(a) The project sponsor;
(b) The Department;
(c) The Nevada Gaming Control Board;
(d) The Office of Finance; and
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(e) The Fiscal Analysis Division of the Legislative Counsel Bureau.
5. The Division:
(a) Shall terminate a reservation of transferable tax credits if the project for which the reservation is awarded is not closed within the period specified in paragraph (a) of subsection 6 unless, before the expiration of that period, the Division receives from the project sponsor a written request for an extension of not more than 45 days. The Division may grant only one extension pursuant to this paragraph and, if the project is not closed before the expiration of the extension period, the Division must terminate the reservation of transferable tax credits. A request for an extension submitted pursuant to this paragraph must be accompanied by proof satisfactory to the Division that:
(1) The requirements for financing the project have been substantially completed;
(2) The delay in closing was the result of circumstances that could not have been anticipated by and were outside the control of the project sponsor at the time the application was submitted by the project sponsor; and
(3) The project will be closed not later than 45 days after the Division receives the request.
(b) May terminate a reservation of transferable tax credits if the Division determines that any event, circumstance or condition occurs for which a reservation of federal low-income housing tax credits may be terminated. If transferable tax credits are terminated pursuant to this paragraph, the Division may issue a reservation for the amount of transferable tax credits terminated to other projects eligible for transferable tax credits in the order of the amount of transferable tax credit threshold points awarded to each such project pursuant to paragraph (a) of subsection 3.
6. Except as otherwise provided in this section, to be issued transferable tax credits:
(a) Not later than 270 days after the Division provides written notice of the reservation of transferable tax credits pursuant to subsection 4, the project sponsor must demonstrate to the Division that the project has been closed by providing proof satisfactory to the Division that the project sponsor has:
(1) Purchased and holds title in fee simple to the project site in the name of the project sponsor.
(2) Entered into a written agreement with a contractor who is licensed in this State to begin construction.
(3) Obtained adequate financing for the construction of the project. The applicant must provide written commitments or contracts from third parties.
(4) Executed a written commitment for a loan for permanent financing for the construction of the project in an amount that ensures the financial feasibility of the project. The commitment may be subject to the condition that the construction is completed and the project is appraised for an amount sufficient to justify the loan in accordance with the requirements of the lender for credit. If the project is a rural development project that receives loans or grants from the United States Department of Agriculture, the applicant must provide a form approved by the Division that indicates that money has been obligated for the construction of the project before the expiration of the period.
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that indicates that money has been obligated for the construction of the project before the expiration of the period. An advance of that money is not required before the expiration of the period.
(b) Upon completion of the project, the project sponsor must submit to the Division a final application for transferable tax credits on a form provided by the Division, a certification of costs on a form provided by the Division and such other information as the Division deems necessary to determine whether the project qualifies for the issuance of transferable tax credits. Upon receipt of a final application pursuant to this paragraph, the Division shall complete a review of the project, the project sponsor and the certification of costs. If, after such review, the Division determines that the project complies with the requirements upon which transferable tax credits were reserved pursuant to this section and a declaration of restrictive covenants and conditions has been recorded in the office of the county recorder for the county in which the project is located:
(1) The Division shall:
(I) Determine the appropriate amount of transferable tax credits for the project, which must be the amount the Division determines is necessary to make the project financially feasible after all other sources of funding are allocated and paid toward the final cost of the project indicated in the certification of costs and may not exceed the amount of transferable tax credits reserved for the project pursuant to this section; and
(II) Notify the project sponsor that the transferable tax credits will be issued;
(2) Within 30 days after the receipt of the notice, the project sponsor shall make an irrevocable declaration of the amount of transferable tax credits that will be applied to each fee or tax set forth in subsection 1, thereby accounting for all of the credits which will be issued; and
(3) Upon receipt of the declaration described in subparagraph (2), issue transferable tax credits to the project sponsor in the amount approved by the Division. The project sponsor shall notify the Division upon transferring any transferable tax credits. The Division shall notify the Department of Taxation, the Office of Finance, the Fiscal Analysis Division of the Legislative Counsel Bureau and the Nevada Gaming Control Board of all transferable tax credits issued, segregated by each fee or tax set forth in subsection 1, and of all transferable tax credits transferred, segregated by each fee or tax set forth in subsection 1.
7. The project sponsor may submit a request to the Administrator of the Division to protect from disclosure any information in the application which, under generally accepted business practices, would be considered a trade secret or other confidential proprietary information of the business. After consulting with the business, the Administrator of the Division shall determine whether to protect the information from disclosure. The decision of the Administrator of the Division is final and is not subject to judicial review. If the Administrator of the Division determines to protect the information from disclosure, the protected information:
(a) Is confidential proprietary information of the business;
(b) Is not a public record;
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(c) Must be redacted by the Administrator of the Division from any copy of the application that is disclosed to the public; and
(d) Must not be disclosed to any person who is not an officer or employee of the Division unless the lead participant consents to the disclosure.
8. The Division may adopt any regulations necessary to carry out the provisions of sections 2 to 12, inclusive, of this act.
9. The Nevada Tax Commission and the Nevada Gaming Commission:
(a) Shall adopt regulations prescribing the manner in which transferable tax credits described in this section will be administered.
(b) May adopt any other regulations that are necessary to carry out the provisions of sections 2 to 12, inclusive, of this act.
10. As used in this section:
(a) Certification of costs means a report from an independent certified public accountant attesting:
(1) To the amount of the actual costs of construction of the project; and
(2) That those costs may be included in the eligible basis of the project pursuant to the provisions of 26 U.S.C. § 42.
(b) Transferable tax credit threshold points means points awarded based on specific objectives determined by the Division through the dissemination of a strategic plan for the development of affordable housing created by the Division, the review of housing data and the receipt of input from persons interested in the development of affordable housing.
Sec. 10. 1. Except as otherwise provided in this subsection, the Division shall not approve any application for transferable tax credits submitted pursuant to section 9 of this act if:
(a) Approval of the application would cause the total amount of transferable tax credits approved pursuant to section 9 of this act for each fiscal year to exceed $10,000,000. Any portion of the $10,000,000 per fiscal year for which transferable tax credits have not previously been approved may be carried forward and made available for approval during the next or any future fiscal year ending on or before June 30, 2023. If the Division determines that approval of an application that would cause the total amount of transferable tax credits approved pursuant to section 9 of this act in a fiscal year to exceed $10,000,000 is necessary to ensure the maximum development of affordable housing in this State through the approval of transferable tax credits pursuant to section 9 of this act, the Division may approve the application unless the approval of the application would cause the total amount of transferable tax credits approved pursuant to section 9 of this act in the fiscal year to exceed $13,000,000. If the Division approves an application for transferable tax credits that causes the total amount of transferable tax credits approved pursuant to section 9 of this act in a fiscal year to exceed $10,000,000, the Division must reduce the amount of transferable tax credits which may be approved pursuant to section 9 of this act in the next fiscal year by the amount of transferable tax credits approved in excess of $10,000,000 in the previous fiscal year.
(b) The Division receives the application on or after July 1, 2023.
κ2019 Statutes of Nevada, Page 3766 (CHAPTER 594, SB 448)κ
2. The transferable tax credits issued to a project sponsor pursuant to section 9 of this act expire 4 years after the date on which the transferable tax credits are issued to the project sponsor.
Sec. 11. 1. A project sponsor that is found to have submitted any false statement or made any false representation in any document submitted for the purpose of obtaining transferable tax credits pursuant to sections 2 to 12, inclusive, of this act or that fails to comply with the requirements of the qualified allocation plan or the declaration of restrictive covenants and conditions shall repay to the Department or the Nevada Gaming Control Board, as applicable, any portion of the transferable tax credits to which the project sponsor is not entitled.
2. Transferable tax credits purchased in good faith are not subject to forfeiture or repayment by the transferee unless the transferee submitted fraudulent information in connection with the purchase.
Sec. 12. The Division shall, on or before October 1 of each year, prepare and submit to the Governor and to the Director of the Legislative Counsel Bureau for transmittal to the Legislature an annual report which includes, for the immediately preceding fiscal year:
1. The number of applications submitted for a certificate of eligibility for transferable tax credits pursuant to section 9 of this act;
2. The number of projects for which transferable tax credits were approved;
3. Each type of project for which transferable tax credits were approved;
4. The amount of transferable tax credits approved;
5. The amount of transferable tax credits used;
6. The amount of transferable tax credits transferred;
7. The amount of transferable tax credits taken against each allowable fee or tax, including the actual amount used and outstanding, in total and for each project; and
8. The number of units of affordable housing created because of the issuance of transferable tax credits pursuant to section 9 of this act. As used in this subsection, unit of affordable housing means a residential unit in a project that is a rent-restricted unit, as defined in 26 U.S.C. § 42(g)(2).
Sec. 13. 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. 14. This act:
1. Becomes effective on July 1, 2019, 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 January 1, 2020, for all other purposes.
2. Expires by limitation on January 1, 2030.
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